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HomeMy WebLinkAbout23786AGREEMENT INFORMATION AGREEMENT NUMBER 23786 NAME/TYPE OF AGREEMENT LANGAN ENGINEERING & ENVIRONMENTAL SERVICES, INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/MISCELLANEOUS ENVIRONMENTAL ENGINEERING SERVICES/MATTER ID: 21- 909 EFFECTIVE DATE February 17, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/17/2022 DATE RECEIVED FROM ISSUING DEPT. 2/18/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement Dept. DEPT. CONTACT PERSON: Fernando Ponassi/Luis Caseres EXT. 1923 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Langan Engineering and Environmental Services, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $500,000 00 FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT E] PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ® YES ❑■ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Continuing Contract PURPOSE OF ITEM (BRIEF SUMMARY) PSA for RFQ 19-20-012 for Misc. Fnvironmental Fnvironmental Fngineering Services COMMISSION APPROVAL DATE: N/A FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:N/A ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR Reviewed by FVP on 2/8/22. OK to proceed. February 8, 2021 p nInlg6:ef?21 Es1Cd4:' — —89548EB73CAC468.. SUBMITTED TO RISK MANAGEMENT February 9, 202n1n` p�aS r P-U6.,- 7lig DocuBi9ned by: Fmk Gaw1V SUBMITTED TO CITY ATTORNEY February 9, 202z i9torli .11j1tnil6zEsj{Do sign= o1ro2nsooco ca... APPROVAL BY BUDGET OFFICE February 16, 20 Mare GoyIn 09:15:12 EST ,—Docusignedby: � 56E831'9c,s^95 ,-DocuSigned by: '-2745D72EC6E14D0.. APPROVAL BY ASSISTANT CITY MANAGER February 17, 201rnbnajj.C7aaM§ygsT� APPROVAL BY ASSISTANT CITY MANAGER Natasha Colebrook - Williams APPROVAL BY DEPUTY CITY MANAGER Nzeribe Ihekwaba RECEIVED BY CITY MANAGER February 17, 2022Art hur Norie a VE 14:09: Es� DocuSigned by: glif6Alie Waif, b51Y-F6''2'2',1:42n... SUBMITTED TO AND ATTESTED BY CITY CLERK February 17, 20T12dfl k%nr12n13 E DocuSigned by: T Fdfill7ennf[:F1d5g 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR22068 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: Miscellaneous Environmental Engineering Services 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ O City Manager — Authority level of $500,000 ❑ City Commission — RESOLUTION No. 2. PROCUREMENT METHOD: 0 RFP/Q ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. WHAT IS THE SCOPE OF SERVICES? Consultants shall provide design, construction documents, construction administration and various reports for environmental engineering related projects. Consultants shall apply for, process, and obtain permits from various environmental regulatory agencies including, but not limited to, the Miami -Dade County Division of Environmental Resources Management (DERM), Department of Environmental Protection (DEP), and Army Corps of Engineers (ACOE) for City projects. 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements, Resilience & Public Works, Planning, Parks & Recreation. 5. IS THE AWARDEE THE INCUMBENT? N/A 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Selection process governed by Florida Statutes, Section 287.055. DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 LANGENGI ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)4/05/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 CONTACT Jerry Noyola PHONE 770-220-7699 FAX (A/C, No, Ext): (A/C, No): E-MAIL •o /� re Il ADDRESS:er ry'nola@ y gy .n g•com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : National Fire Insurance Co of Hartford 20478 INSURED Langan Engineering & Environmental Services, Inc. 300 Kimball Drive Parsippany, NJ 07054 INSURER B : The Continental Insurance Company 35289 INSURER C : Valley Forge Insurance Co 20508 American CasualtyCompany of Reading,PA INSURERD: p Y 9� 20427 INSURER E : Evanston Insurance Company 35378 INSURER F : COVERAGES CERTIFICATE NUMBER: 21-22 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 7014708217 Approved by Frank Gomez 04/01/2021 02/08/2022 04/01/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR PREMISESgEaoccurrDence) $500,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO- X PER: LOC PRODUCTS - COMP/OPAGG $2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 6016359856 04/01/2021 04/01/2022 o accideD) INGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B x X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6045964169 04/01/2021 04/01/2022 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X RETENT ON $10,000 $ c D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A 6016359842 (AOS) 6016359873 (CA) 6057485432 (NY) 04/01/2021 04/01/2021 04/01/2021 04/01/2022 X STATUTE EORH 04/01/2022 E.L. EACH ACCIDENT $1,000,000 04/01/2022 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 E Professional Liab incl. Poll. Liab. MKLV7PL0004634 04/01/2021 04/01/2022 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Langan Project #330080900; Project Mgr. Vince Yarina. The City is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of workers compensation & professional liability are primary & non- contributory where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. Should any of the above described policies be cancelled by the issuing (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Miami SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 2 #S2684622/M2660467 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JNOY1 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 DESCRIPTIONS (Continued from Page 1 insurer before the expiration date thereof, 30 days' written notice (except 10 days for nonpayment of premium) will be provided to the Certificate Holder. Professional Liability Retroactive Date 01/01/1970 SAGITTA 25.3 (2016/03) 2 of 2 #S2684622/M2660467 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Page 1 of 2 Policy No: 7014708217 Endorsement No: Effective Date: 04/01/2021 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2of2 Policy No: 7014708217 Endorsement No: Effective Date: 04/01/2021 Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 From: Gomez Jr., Francisco (Frank) To: Caseres, Luis Subject: RE: COI -Langan Eng. and Env. Date: Tuesday, February 8, 2022 12:50:14 PM Attachments: image003.pnq imaoe005.onq Hello Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPU I Property & Casualty Manager City of Miami Risk Management (305) 416-174o Office (305) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Tuesday, February 8, 2022 12:13 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Subject: RE: COI -Langan Eng. and Env. Good afternoon Frank, Attached is revised COI inclusive of language and retro date. Please approve. Detail by Rntity Name DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Page 1 of 5 .orida Department of State ,•org I D' Pp p,\rrt rDI lIj an official 3tu1e of Florida wthsrte Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, INC. Filing Information Document Number F93000001369 FEI/EIN Number 22-3167382 Date Filed 03/16/1993 State NJ Status ACTIVE Principal Address 300 KIMBALL DRIVE, 4TH FLOOR ATTN: MR. DAVID FENG PARSIPPANY, NJ 07054 Changed: 01/27/2020 Mailing Address 300 KIMBALL DRIVE, 4TH FLOOR ATTN: MR. DAVID FENG PARSIPPANY, NJ 07054 Changed: 01/27/2020 Registered Agent Name & Address REGISTERED AGENTS INC. 7901 4TH ST N SUITE 300 ST. PETERSBURG, FL 33702 Name Changed: 07/23/2021 Address Changed: 07/23/2021 Officer/Director Detail Name & Address Title President & CEO GOCKEL, DAVID T 300 Kimball Drive, 4th Floor Parsippany, NJ 07054 https://search. sunbiz. org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/8/2022 Detail by Rntity Name DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Page 2 of 5 Title Senior Consultant GONZALEZ, CRISTINA M. 15150 NW 79th Court, Suite 200 Miami Lakes, FL 33016 Title Treasurer, Director, and Senior Consultant Kraekel, William P 300 Kimball Drive, 4th Floor Parsippany, NJ 07054 Title PrincipalNice President Romano, Joseph E, Jr. 300 Kimball Drive, 4th Floor Parsippany, NJ 07054 Title Secretary, Executive Vice President Plante, John D 555 Long Wharf Drive New Haven, CT 06511 Title Managing Principal/Executive VP Leventis, George E 360 West 31 st Street, 8th Floor New York, NY 10001 Title Managing Principal, Executive Vice President Semeraro, Michael A 300 Kimball Drive, 4th Floor Parsippany, NJ 07054 Title Managing Principal/Executive VP Fuerst, Ronald A 300 Kimball Drive, 4th Floor Parsippany, NJ 07054 Title Managing Principal/Executive VP Frizzi, Rudolph P 300 Kimball Drive, 4th Floor Parsippany, NJ 07054 Title Managing Principal/Executive VP Ueland, Steve https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/8/2022 Detail by Rntity Name DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Page 3 of 5 2700 Kelly Road, Suite 200 Warrington, PA 18976 Title Managing Principal/Executive VP Elko, Gregory M 2700 Kelly Road, Suite 200 Warrington, PA 18976 Title Managing Principal/Executive VP Poeppel, Alan R 360 West 31 st Street, 8th Floor New York, NY 10001 Title Senior Principal/Sr. VP Simpson, Lori A 501 14th Street, 3rd Floor Oakland, CA 94612 Title Managing Principal/Executive VP Burrow, Richard 300 Kimball Drive, 4th Floor Parsippany, NJ 07054 Title Senior Principal/Sr. VP Linthicum, Ryan C 1300 Wilson Boulevard, Suite 450 Arlington, VA 22209 Title Principal/Vice President Archabal, Roger A 15150 NW 79th Court, Suite 200 Miami Lakes, FL 33016 Title Principal/Vice President Meyer, Matthew E 15150 NW 79th Court, Suite 200 Miami Lakes, FL 33016 Title Principal/Vice President Yarina, Vincent D 110 East Broward Boulevard, Suite 1500 Fort Lauderdale, FL 33301 Title Senior AssociateNP https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/8/2022 Detail by Rntity Name DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Page 4 of 5 Rodriguez, Leonardo 15150 NW 79th Court, Suite 200 Miami Lakes, FL 33016 Title Chairman of the Board and Senior Consultant Tringale, Philip T 501 14th Street, 3rd Floor Oakland, CA 94612 Title Director and Senior Consultant Coscia, Gerard M 2400 Ansys Drive, Suite 403 Canonsburg, PA 15317 Title Principal / Vice President Szura, Michael D 2700 Kelly Road, Suite 200 Warrington, PA 18976 Annual Reports Report Year Filed Date 2020 01/27/2020 2021 01/26/2021 2021 09/24/2021 Document Images 09/24/2021 -- AMENDED ANNUAL REPORT 07/23/2021 -- Reg. Agent Change 01/26/2021 --ANNUAL REPORT 10/29/2020 --AMENDED ANNUAL REPORT 01/27/2020 --ANNUAL REPORT 01/04/2019 --ANNUAL REPORT 01/05/2018 --ANNUAL REPORT 02/10/2017 --ANNUAL REPORT 10/26/2016 --AMENDED ANNUAL REPORT 01/04/2016 --ANNUAL REPORT 02/05/2015 --ANNUAL REPORT 01/08/2014 --ANNUAL REPORT 01/07/2013 --ANNUAL REPORT 01/04/2012 --ANNUAL REPORT 01/04/2011 --ANNUAL REPORT 01/28/2010 --ANNUAL REPORT 01/27/2009 -- ANNUAL REPORT 02/25/2008 -- ANNUAL REPORT 05/18/2007 --ANNUAL REPORT 03/30/2006 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/8/2022 Detail by Rntity Name DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Page 5 of 5 02/07/2005 --ANNUAL REPORT 04/16/2004 --ANNUAL REPORT 02/24/2003 --ANNUAL REPORT 04/18/2002 --ANNUAL REPORT 02/05/2001 --ANNUAL REPORT 04/17/2000 --ANNUAL REPORT 03/24/1999 --ANNUAL REPORT 04/03/1998 --ANNUAL REPORT 05/02/1997 -- ANNUAL REPORT 03/19/1996 -- ANNUAL REPORT 07/03/1995 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/8/2022 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: March 10, 2021 FILE: City Manager FROM: Annie Perez, CPPO, Director Department of Procurement SUBJECT: Recommendation for Award of Contract for Miscellaneous Environmental Engineering Services REFERENCES: Request for Qualifications ("RFQ") No. 19-20-012 ENCLOSURES: Report of Evaluation Committee Memorandum, Evaluation Committee Appointment Memorandum, Proposal Security List RECOMMENDATION Based on the findings below, the Department of Procurement ("Procurement") hereby recommends the award of professional services agreements (PSAs) to AECOM Technical Services, Inc., E-Sciences, Inc., Gannett Fleming, T.Y. Lin International, SCS Engineers, Inc., Cherokee Enterprises, Inc., Langan, and GHD Services, Inc. (collectively the "Consultants") for Miscellaneous Environmental Engineering Services (the "Project"). The Services are necessary to provide the City of Miami (the "City') with design, construction documents, construction administration and various reports for environmental engineering -related projects. Consultants shall apply for, process, and obtain permits from various environmental regulatory agencies including, but not limited to, the Miami -Dade County Division of Environmental Resources Management (DERM), Florida Department of Environmental Protection (FDEP), and Army Corps of Engineers (ACOE) for City projects. Detailed scopes of work will be developed for each assignment, which will typically be issued on a rotational basis factoring in performance and dollars allocated for previous work orders issued because of this solicitation. It is anticipated that services provided by the Consultants will include, but not be limited to, environmental site assessments, implementation of multi -phase treatment systems, complex environmental restoration, source removal, remedial action plan design and implementation, operations and maintenance (O&M) programs, best management practices and regulatory liaison activities, mitigation and abatement activities, obtaining approval of all required and applicable permits, advising the City regarding methods of work and sequences of operations for environmental engineering projects, project management of multi -scale environmental engineering planning and design projects, including management, coordination, and oversight of the work of other consultants. FISCAL IMPACT The fiscal impact to the City of Miami (City) because of the Work included under each of these PSAs will not exceed your delegated authority of $500,000. The hourly rates proposed by the Consultants for their key personnel varied between $250.00 for Principals and $19.00 for the lowest required classification. The hourly rates proposed by the City, and accepted by the Consultants, ranged from $162.75 to $19.00 for the proposed classifications, resulting in considerable savings for our taxpayers. BACKGROUND On November 1, 2019, the Department of Procurement ("Procurement") issued Request for Qualifications ("RFQ") No. 19-20-012 under full and open competition, to obtain proposals from qualified and experienced professional consulting firms to procure a Citywide pool of environmental engineering consultants, in accordance with Florida Statutes, Section 287.055, the Consultants Competitive Negotiation Act (CCNA). PR21092 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Page 2 - Recommendation for Award of Contract for Miscellaneous Environmental Engineering Services Arthur Noriega V, City Manager Consultants will operate under the oversight of the Office of Capital Improvements' (OCI) project management staff. On January 8, 2020, Procurement received twelve (12) proposals in response to this solicitation. Consequently, the proposals were reviewed by Procurement staff, upon which eleven (11) proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ. The remaining proposal was disqualified from the selection process for proposing a subconsultant that also responded to this RFQ as a prime consultant. Pursuant to Section 4.4, "Submittal Guidelines," "a firm, partnership, corporation, or joint venture that submits a Proposal shall not be a Sub-Consultant/Sub-Contractor on another Proposal submitted under this RFQ." On July 20, 2020, EXP U.S. Services, Inc. was sent a non -responsiveness letter outlining the reasons for such decision. Subsequently, on December 14, 2020, the Evaluation Committee met and completed the Step 1 evaluation of the eleven (11) responsive and responsible proposals, following the guidelines stipulated in the solicitation, and recommended that negotiations of PSAs be initiated with the eight (8) top -ranked respondents. As a result, Procurement requested the Consultants to submit their proposed hourly rates for key personnel, which were received on or about January 19, 2021. Subsequently, on January 29, 2021, a Negotiations Team reviewed the hourly rates for key personnel proposed by the City as compensation to the Consultants, and further approved said rates on February 17, 2021. The Consultants did accept in writing the hourly rates for their key personnel counter proposed by the City, which were formally approved by OCI on or about March 10, 2021. Consequently, approval of this recommendation is requested. Execution of the ensuing PSAs will be completed upon your approval. Your signature below indicates your approval of Procurement's recommendation. Approved: Art ur Norie• , C" Manager Date: - / Z -Z c: Fernando Casamayor, Assistant City Manager, Chief Financial Officer Nzeribe Ihekwaba, PE, PhD, Assistant City Manager/Chief of Operations Pablo R. Velez, Sr. Assistant City Attorney Hector Badia, Interim Director, OCI Jorge Mora, Assistant Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR21092 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable City of Miami Commissioners DATE: December 24, 2020 and Honorable Mayor of the City of Miami FROM: Arthur Noriega, City Manager SUBJECT: Report of Evaluation Committee for Request for Qualifications (RFQ) No. 19-20-012, Miscellaneous Environmental Engineering Services ENCLOSURES: Evaluation Committee Report In accordance with Section 18-87 (i) of the City of Miami Code, attached please find the Report of the Evaluation Committee for subject solicitation. AP: fvp c. Nzeribe Ihekwaba, PhD., P.E., Assistant City Manager/Chief of Operations Fernando Casamayor, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney, City Attorney's Office Hector Badia, Interim Director, Office of Capital Improvements Alan M. Dodd, P.E., Director, Resilience & Public Works Department Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR 21057 1 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega, V. DATE: December 22, 2020 City Manager FROM: Annie Perez, CPPO, Director Department of Procurement SUBJECT: Report of Evaluation Committee for Request for Qualifications (RFQ) No. 19-20-012, Miscellaneous Environmental Engineering Services ENCLOSURES: Response Security List, Evaluation Committee Tabulation Sheets, Evaluation Committee Appointment Memo, and State of Florida Executive Orders 20-52 and 20-69 Background On November 1, 2019, the City of Miami ("City") Department of Procurement ("Procurement") issued Request for Qualifications ("RFQ") No. 19-20-012 for the provision of Miscellaneous Environmental Engineering Services ("Project"), on behalf of the Office of Capital Improvements (OCI). On January 8, 2020, Procurement received twelve (12) proposals in response to this solicitation. Consequently, the proposals were reviewed by Procurement staff, upon which eleven (11) proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ. The remaining proposal was disqualified from the selection process for proposing a subconsultant that also responded to this RFQ as a prime consultant. Pursuant to Section 4.4, "Submittal Guidelines," "a firm, partnership, corporation, or joint venture that submits a Proposal shall not be a Sub-Consultant/Sub-Contractor on another Proposal submitted under this RFQ." On July 20, 2020, EXP U.S. Services, Inc. was sent a non -responsiveness letter outlining the reasons for such decision. On February 7, 2020, an Evaluation Committee ("Committee") was appointed by the City Manager to evaluate the proposals pursuant to the criteria established in the RFQ. Subsequently, a Step 1 Evaluation Committee Meeting scheduled for March 20, 2020, was cancelled after the State of Florida issued a Declaration of Emergency through Executive Order 20-52 (copy attached) on March 9, 2020, as a result of the Novel Coronavirus Disease 2019 (COVID-19) pandemic. 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 several times to schedule the Step 1 Evaluation Meeting with the original Evaluation Committee without success. After one appointed external member declined to participate, a new external member and an additional alternate member were appointed on December 3, 2020. Subsequently, two more appointed voting members declined to serve, which forced Procurement to enlist the two alternate members as substitutes. 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." PR 21058 1 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Page 2 - Miscellaneous Environmental Engineering Services, Arthur Noriega, V., City Manager On December 14, 2020, the Evaluation Committee met and completed the Step 1 evaluation of the eleven (11) 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: Evaluation Criteria Step 1 Maximum Points (Per Committee Member) 1. Proposer's Qualifications and Experience 30 2. Proposer's Lead Engineer 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 SBE firms with a "Local Office," as defined in City Procurement Code, Section 18-73, were granted five (5) Bonus Points, in accordance with the RFQ and City Procurement Code, Section 18- 87, as amended. As a result, T.Y. Lin International, EBS Engineering, Inc., Cherokee Enterprises, Inc., Wood Environment and Infrastructure, and E-Sciences, Inc. were granted five (5) Bonus Points each. Furthermore, Procurement staff assigned scores for Criterion 6, "Amount of Work Awarded by the City," based on the amount of work awarded by the City of Miami within the previous three (3) years from the Proposal Submission Due Date of January 8, 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. AECOM Technical Services 430 (15) 2. E-Sciences, Inc. 427 (25) 3. Gannett Fleming 425 (20) 4. T.Y. Lin International 423 (15) 5. SCS Engineers, Inc. 423* (15) 6. Cherokee Enterprises, Inc. 421 (5) 7. Langan 419 (25) 8. GHD 411 (25) 9. Terracon Consulting 408 (25) 10. Wood Environment & Infrastructure 407 (25) 11. EBS Engineering, Inc. 406 (25) (*) The tie was broken after evaluating the total qualitative points for Criteria 1 "Proposer's Qualifications and Experience." T.Y. International was awarded 132 points, while SCS Engineers, Inc. received 130 points. The Committee decided to waive Step 2 proceedings and voted unanimously to recommend to the City Manager that all responsive and responsible proposers be considered for negotiations of professional services agreements (PSAs). The final number of actual contracts will be determined by the City based on availability of funds. The tabulation and individual Committee member score sheets for Step 1 proceedings are attached as supporting documentation. PR 21058 2 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Page 3 - Miscellaneous Environmental Engineering Services, Arthur Noriega, V., City Manager Recommendation The Committee hereby requests authorization for Procurement, in collaboration with the nominated Negotiations Committee, Messrs. Keith Ng, Jorge Mora, and Hector Badia (OCI) to commence negotiations of PSAs to provide the required services for the Project, in the preferred order of ranking. In addition, Mr. Robert Fenton (OCI) and Mr. Harry James (Resilience & Public Works) have been nominated to serve as Technical Advisors to the Negotiations Committee. Approved: Date: Arthur No ega, V., City Manager c. Fernando Casamayor, Assistant City Manager/Chief Financial Officer Nzeribe Ihekwaba, PhD., P.E., Assistant City Manager/Chief of Operations Pablo R. Velez, Sr. Assistant City Attorney, City Attorney's Office Hector Badia, Interim Director, OCI Alan M. Dodd, P.E., Director, Resilience & Public Works Department Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR 21058 3 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 BID ITEM: AMENDED CITY OF MIAMI OFFICE OF THE CITY CLERK BID SECURITY LIST Miscellaneous Environmental Engineering Services BID NUMBER: RFQ 19-20-012 DATE BID OPENED: January 8, 2020 TIME: 3:00 p.m. BIDDER BID TOTAL BID BOND (ER) AMOUNT CASHIER'S CHECK TX, LIN International See attached See attached GIID See attached • See attached EBS Engineering, Inc. See attached See attached .CEI See attached See attached LANGAN See attached See attached Wood Environment & Infrastructures Solutions, Inc, See attached See attached Gannett Fleming See attached See attached AECOM Technical Services, Inc. See attached See attached E Sciences, Incorporated See attached See attached SCS Engineers See attached See attached • Terracon Consulting Engineers & Scientists See attached See attached .EXP U.S, Services, Inc. See attached See vaveotnmmenu��w..�- , • • attached V9(F +nwaar"'movu!14@pw:.w?HIIH1fHNIpetM%LVN4wa✓viuwrnu.aw.MrowwunawL+ewvwws+wvrvn.wow*uw.aw.runuuu.ar•r.ovn.vwrmww•wv.mmnuemuvewuoussrkJysn P�ftoffers from th ',wore ted pieta rt �� . the, only • �•q�T/.!,{Z°��`(�+�'�;Y. W��%+7{1s�f� r$,"rf .qS��k �,�;ry?� i.�m..hpin1�'W�p���iry�:� :�i^�+�.��. :��+,�7([��j� 4u�ttheIL off�4 rs H ti Wledq�117��FwA:�td a R� to ether11/p offers {€�,t'�1{,�,y{I'p1'`Fl;�py (,'�q�prgy�dyP�f.�j s�A�,�'.�p{A?s�{t�t ®S s A48�M3'PAIA+W1 tattoatt I [�iLA,A ` nya • 1RS,b�id7YJ•(Gu'�1 s, rejected O UA.�te,,'.� ,. C�qZa�q bombs, y f {� ; ,. .. C'. t ar�pJre er .Cti 1{+1A.i Y tom �t1Y ,g�,6v[':GyYJ� t9t ..-1,...........,r+••. y.- •-TiA, >- , ,-,—.=aszaammicualarNW'SLiI ...� .•,rt get,�'Q.,; Person `Receiving Bids On: 1/0 'o ay's Date Received (12) bid( PREPARED BY: 1 behalf: Procurement City Deputy City Clerk DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 RFQ No. 19-20-012 Miscellaneous Environmental Engineering Services EVALUATION OF PROPOSALS Keith Ng, Project Manager, Office of Capital Improvements, City of Miami EVALUATION CRITERIA \ PROPOSERS T.Y. Lin International Proposer's Qualifications and Experience Proposer's Lead Engineer Qualifications and Experience Proposer's Team Qualifications and Experience Design Philosophy and Process GHD It EBS Engineering -4 CEI Engineers 27) Langan 1Z Wood Environment r�- it Technical Capabilities and Approach Amount of Work Awarded by the City EVALUATION CRITERIA \ PROPOSERS Maximum Points ,`" 3 Gannett Fleming AECOM 5 Esciences 1 SCS Engineers 5 Terracon 5 EXP US Services Proposer's qualifications and Experience Proposer's Lead Engineer Qualifications and Experience Proposer's Team Qualifications and Experience Design Philosophy and Process Technical Capabilities end Approach 1 LP r r Amount of Work Awarded by the City TOTAL POINTS SIGNATURE: PRINT NAME: 12I4l202e a "5 4 5 3 5 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 RFQ No, 19-20-012 Miscellaneous Environmental Engineering Services EVALUATION OF PROPOSALS Robert Fenton, Sr, Construction Manager, Office of Capital Improvements, City of Miami EVALUATION CRITERIA PROPOSERS ''"''" 4 INaximiim z;";axirn i+ % -; TN. Lin International GMD En Engineering CEI Engineers Langan g Wood Environment Proposer's Qualifications and Experience ,;30;; Proposer's Load Engineer Qualifications and Experience0 i1';' }. I 5 9 cj yQn Proposer's Team Qualifications and Experience Sy . irk ; •{3.i:: •: .r`. r20 ` �C �'� `� Design Philosophy and Process 15 .^, Lr: J I. t.� t 11- I tt Technical Capabilities and Approach 90 10 (�� c'1 (� �a (17 Amount of Work Awarded by the City 5 3 5 5• 1 5 5 TOTAL POINTS 100, �2<. %."`t EVALUATION CRITERIA PROPOSERS Maximum Poinfs Gannett Fleming AECOM Csciences SCS Engineers • Terracon EXP US Services Proposer's Qualifications and Experience 30 ' :�4 °jv�,�` wJ "2 7 � / , , �r ' J / Proposer's Lead Engineer Qualifications and Experience 20 C1 SO l6 lit. c v `45az{rhf Proposer's Team Qualifications and Experience P P 20 ��� v 7 j9• 6 1 r • ? 4r a.ti..r r 13- 1>>�j ¢� � Y h Design Philosophy and Process ; 15 VI t.� J t i1-- `I, r b Technical Capabilities and Approach 10 9 to �1� (� if ICJ , f, rr s „ r�v�r. Amount of Work Awarded by the City 5 4 3 6 3 5 ..:, �. TOTAL POINTS 100'. C ...5 ; t S�z , �,. 71;1 12/4/2020 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 RFQ No. 19-20-012 Miscellaneous Environmental Engineering Services EVALUATION OF PROPOSALS Jose Oliveros, Assistant Director, Capital Improvements Program, City of Coral Gables EVALUATION CRITERIA \ PROPOSERS \ N N. Maximum Points T.Y. Lin International CHD EBS Engineering CEI Engineers Langan Wood Environment Proposer's Qualifications and Experience 30 '% 2 ,, „ b 2-- Li 2 Lk 2. 3 2. S Proposer's Lead Engineer Qualifications and Experience 20 { ` 2 I-+ Proposer's Team Qualifications and Experience 20 I b t b 1 1 1^R..,. \ (_ ( r Design Philosophy and Process 15 I 1 3 1 3 1 ( 0 1 Technical Capabilities and Approach 10 1 ,. 1F5 z Amount of Work Awarded by the City 5 3 5 5 1 5 TOTAL POINTS 100 R) r` EVALUATION CRITERIA \ PROPOSERS Maximum Points Gannett Fleming AECOM Esciences SCS Engineers Terracon EXP US Services Proposer's Qualifications and Experience Proposer's Lead Engineer Qualifications and Experience Proposer's Team Qualifications and Experience Design Philosophy and Process Technical Capabilities and Approach Amount of Work Awarded by the City TOTAL POINTS PRINT NAME: C E. L • 01, i q 30 20 20 15 10 5 100 4 gco 1 9 3 . 23 2 ( 2- 1 E 1- 1� c 13 13 13 t 5 3 8 3 5 12/4/2020 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 RFQ No, 19-20-012 Miscellaneous Environmental Engineering Services EVALUATION OF PROPOSALS Nelson Perez-Jacome, PE, City Engineer Department of Public Works, City of Miami Beach EVALUATION CRITERIA PROPOSERS Maximum Points T.Y. Lin International GHD MSS Engineering CEI Engineers Langan Wood Environment Proposer's Qualifications and Experience 30 Z, I 2.3 z..5.- 2.4 2.8, -2.,/ Proposer's Lead Engineer Qualifications and Experience 20 if ‘.« /5 16 /7 !? Proposer's Team Qualifications and Experience 20 / 3 ii-I. / ice, /6, / Design Philosophy and Process 15 / 0 / 3 /3 13 ,iY ii Technical Capabilities and Approach 10 62 8 5 s Amount of Work Awarded by the City 5 3 5 5 1 5 5 TOTAL POINTS 100 3'76 c.9) $7 I S EVALUATION CRITERIA Proposer's Qualifications and Experience Proposer's Lead Engineer Qualifications and Experience Proposer's Team Qualifications and Experience Maximum Points 30 20 20 Gannett Fleming AECOM /2 /5" Esciences 2-Z, jeL /5-- SCS Engineers 24, /5 / Terracon 20 EXP US Services Design Philosophy and Process 16 13 /4/ /51 Technical Capabilities and Approach Amount of Work Awarded by the City TOTAL POINTS SIGNATURE: PRINT / ,Qe)$c frt 10 5 100 4 3 7-41 5 F-7 6 3 5 12/4/2020 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 RFQ No. 19-20-012 Miscellaneous Environmental Engineering Services EVALUATION OF PROPOSALS Harry B. James IV, Environmental Compliance Specialist, Department of Resilience & Public Works, City of Miami EVALUATION CRITERIA PROPOSERS Maximum Points T.Y. Lin international GHD EBS Engineering CEI Engineers Langan Wood Environment Proposer's Qualifications and Experience 30 ( r-2.. 3 e 30 ?, /_ Proposer's Load Engineer Qualifications and Experience 20 / (% / f Proposer's Team Qualifications and Experience 20 e �� i f, Vw/ ') B ) / Design Philosophy and Process 15 J a / ii J 3 1 Z Technical Capabilities and Approach 10 r 1% l ( r K Amount of Work Awarded by the City 5 3 5,v 5 1 5 5 TOTAL POINTS 100 EVALUATION CRITERIA PROPOSERS Maximum Points Gannett Fleming A COM Esciences SCS Engineers Terracon EXP US Services Proposer's Qualifications and Experience 30 x 7 € "k , }' € Proposer's Lead Engineer Qualifications and Experience 20 w 0 ( 2, b f. Proposer's Team Qualifications and Experience 20 P 0 q,uz;3 T f` 5 � fri kZrc 7� Design Philosophy and Process 15 ! * / 2 / 2, i 5 / "7 Technical Capabilities and Approach 10 0 C 0 Amount of Work Awarded by the City 5 4 3 5 3 5 �f,�� TOTAL POINTS 100 _ — ;;;tyi. SIGNATURE; PRINT NAME: a5cef't6 w� 12/4/2020 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 EVALUATION COMMITTEE MEETING Monday, December 14, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-012 Miscellaneous Environmental Engineering Services Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FIVE BONUS POINTS - SBE PARTICIPATION (CITY OF MIAMI SBEs) TOTAL SCORES (WITH BONUS POINTS) I Y z g J a z Nelson Perez-Jacome, PE, City Engineer City of Miami Beach Jose Oliveros, Assistant Director Capital Improvements, Public Works Department ..........................................................................................................................._. Harry James, Environmental Compliance Coordinator, Resilience & Public Works, COM Robert Fenton, Sr. Construction Manager Office of Capital Improvements, COM Keith Ng, Project Manager CIP Office of Capital Improvements, COM TABULATION SHEET RFQ No. 19-20-012 NAME OF FIRM(S) 1 T.Y. Lin International 1A - Proposer's Experience and Qualifications (Max. 30 points) 21 28 30 30 23 - 32; _-:... »_ 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 14 13 18 19 14 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 13 18 20 19 18 -88 4A - Design Philosophy and Process (Max. 15 points) 10 12 13 15 13 :83 5A - Technical Capabilities and Approach (Max. 10 points) 7 8 9 10 8 42. 6A - Amount of Work Awarded by the City (Max. 5 points) 3 3 3 3 3 Qualitative Scores 68 - 82%. 93 96 79 418 6 c 5 a423 4 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 2 GHD 1A -Proposals Experience and Qualifications (Max. 30 points) 23 28 24 27 22 " :124 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 15 12 19 18 14 ";78 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 14 18 16 18 14 80 4A - Design Philosophy and Process (Max. 15 points) 13 13 15 13 11 65 5A - Technical Capabilities and Approach (Max. 10 points) 6 8 10 8 7 'f ;39 6A - Amount of Work Awarded by the City (Max. 5 points) 5 5 5 5 5 :'= 26 '. Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A In that order. Qualitative Scores 76, 84 89 89 73 i 411 8 0 - 411. 8 Page 1 of DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 EVALUATION COMMITTEE MEETING Monday, December 14, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-012 Miscellaneous Environmental Engineering Services Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Sadie, Interim Director, OCI EVALUATION COMMITTEE MEMBERS 3 4 TABULATION SHEET RFQ No. 19-20-012 NAME OF FIRM(S) EBS Engineering,. Inc. 1A -Proposers Experience and Qualifications (Max. 30 points) 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 4A - Design Philosophy and Process (Max. 15 points) 5A - Technical Capabilities and Approach (Max. 10 points) 6A - Amount of Work Awarded by the City (Max. 5 points) Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and SA in that order. C ke..,Enteri 1I a Cherokee, EnterQrises, Inc. 1.... ... ece....ndQua.li...i....._...on.....(Max...3............int.._..........................---.___..............�...... 1A -Proposers Experience and Qualifications (Max. 30 points) 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 3A - Proposers Team Qualifications and Experience (Max. 20 points) 4A - Design Philosophy and Process (Max. 15 points) 6A - Technical Capabilities and Approach (Max. 10 points) 8A - Amount of Work Awarded by the City (Max. 5 points) 11e Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 6A, and 6A In that order. Page 2 of 8 Qualitative Scores Qualitative Scores 25 16 18 13 8 5 24 12 15 13 7 5 21 17 14 11 8 5 28 19 18 13 9 5 13 14 12 7 5 11311111.1.0.1.131.17 26 17 18 13 24 17 17 12 7 1 30 20 20 13 10 27 18 17 13 8 TAL QUALITATIVE SCORES 401 416 QUALITATIVE RANKING 7 5 406' FINAL RANK 11 421 5 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 EVALUATION COMMITTEE MEETING Monday, December 14, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-012 Miscellaneous Environmental Engineering Services Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FIVE BONUS POINTS - SBE PARTICIPATION (CITY OF MIAMI SBEs) TOTAL SCORES (WITH BONUS POINTS) FINAL RANK Nelson Perez-Jacome, PE, City Engineer City of Miami Beach Jose Oliveros, Assistant Director Capital Improvements, Public Works Department Harry James, Environmental Compliance Coordinator, Resilience & Public Works, COM Robert Fenton, Sr. Construction Manager Office of Capital Improvements, COM Keith Ng, Project Manager CIP Office of Capital Improvements, COM TABULATION SHEET RFQ No. 19-20-012 NAME OF FIRM(S) -:-. ,..... 5 Langan 11 1.._.._. _ 1A - Proposer's Experience and Qualifications (Max. 30 points) 28 23 30 29 22 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 17 13 18 19 12 79 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 16 16 17 18 15 82 4A - Design Philosophy and Process (Max. 15 polnts) 14 10 13 14 12 83 5A - Technical Capabilities and Approach (Max. 10 points) 8 7 8 8 7.38 6A - Amount of Work Awarded by the City (Max. 5 points) 5 5 5 5 5 25 Qualitative Scores 88 74 91 93 73 419 5 _- 0 '419 7 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. 6 Wood Environment &Infrastructure ro r dQu_._._.__.._s (Max. 3-_______-_.__.. 1A - Proposer's Experience and Qualifications (Max. 30 points) 21 25 26 28 21 121. —`---'-' ---'----_ 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 16 16 16 18 12 <78 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 17 16 16 18 15 82 4A - Design Philosophy and Process (Max. 15 points) 11 11 12 14 12 60 5A - Technical Capabilities and Approach (Max. 10 points) 7 6 8 8 7 ' :--36 6A - Amount of Work Awarded by the City (Max. 5 points) 5 5 5 5 5 25 Qualitative Scores '77 79. 83. 91 72 402 10 =. 5 407 10 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. Page 3of6 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 EVALUATION COMMITTEE MEETING Monday, December 14, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-012 Miscellaneous Environmental Engineering Services Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS SUB-TOTAL'QUALi; ATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FIVE BONUS POINTS - SBE PARTICIPATION (CITY OF MIAMI SBEs) TOTAL SCORES (WITH BONUS POINTS) FINAL RANK Nelson Perez-Jacome, PE, City Engineer City of Miami Beach Jose Oliveros, Assistant Director Capital Improvements, Public Works Department ......................................................................................................................... Harry James, Environmental Compliance Coordinator, Resilience & Public Works, COM _........................................................................................_.................._......_._.. Robert Fenton, Sr. Construction Manager Office of Capital Improvements, COM Keith Ng, Project Manager CIP Office of Capital Improvements, COM TABULATION SHEET RFQ No. 19-20-012 NAME OF FIRM(S) 7 Gannett Fleming ....»».-� ._ 1A - Proposer's Experience and Qualifications (Max. 30 points) 25 28 30 29 22 134 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 16 15 20 19 12 , 82 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 16 18 20 19 12 ' 85 4A - Design Philosophy and Process (Max. 15 points) 12 13 13 14 12 }64 5A - Technical Capabilities and Approach (Max. 10 points) 7 8 10 9 6 40 6A - Amount of Work Awarded by the City (Max. 5 points) 4 4 4 4 4 20 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A in that order. Qualitative Scores 80 , 86, 97 94. 68 - 425 2 0 `' 425. 3 8 AECOM Technical Services .............. ... ... ......... ..... 1A - Proposer's Experience and qualifications (Max. 30 points) .. ..... ....... .— 25 -- 28 ' '--- 30 .—.'—..— 30 --..—..— 24 `-�--" 137 — - 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 16 15 20 20 14 :85 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 15 17 20 20 13 '' 85 4A - DesignPhilosophy and Process (Max. 15 points) 13 14 12 15 14 '' 68 5A - Technical Capabilities and Approach (Max. 10 points) 7 9 8 10 6 40 . 6A - Amount of Work Awarded by the City (Max. 5 points) 3 3 3 3 3 ''- 15 Qualitative Scores ' 79'. 86 93 98 74 430 1- 0 -. - 430 4I. Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 8A In that order. Page 4 018 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 EVALUATION COMMITTEE MEETING Monday, December 14, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-012 Miscellaneous Environmental Engineering Services Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS 9 10 TABULATION SHEET RFQ No. 19-20-012 NAME OF FIRM(S) E-Sciences, Inc. 1A - Proposer's Experience and Qualifications (Max. 30 points) 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 3A - Proposer's Team Qualifications and Experience (Max. 20 polnts) 4A - Design Philosophy and Process (Max. 15 points) 5A - Technical Capabilities and Approach (Max. 10 points) 6A - Amount of Work Awarded by the City (Max. 5 polnts) Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A In that order. SCSEngineers, Inc. 1A - Proposer's Experience and Qualifications (Max. 30 polnts) 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 4A - Design Philosophy and Process (Max. 15 points) 5A - Technical Capabilities and Approach (Max. 10 points) 6A - Amount of Work Awarded by the City (Max. 5 polnts) Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A In that order. Page 5 of 6 Qualitative Scores Qualitative Scores 22 14 15 14 7 5 24 15 16 15 6 3 27 16 17 13 9 5 23 12 16 13 7 3 28 18 18 12 8 5 18 17 13 8 5 89 88 81 30 20 20 15 10 3 29 19 19 14 9 3 24 15 17 13 7 3 0 W' z 2UALITATIVE z O H a. U atU°� Et rn � 4 4 20 00. N 0 0 "- z O m ut 427 1 2 423 i 5 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 EVALUATION COMMITTEE MEETING Monday, December 14, 2020 Department of Procurement Request for Qualifications (RFQ) No. 19-20-012 Miscellaneous Environmental Engineering Services Arthur Norlega, V, City Manager Annie Perez, CPPO, Director of Procurement Hector Badia, Interim Director, OCI EVALUATION COMMITTEE MEMBERS TABULATION SHEET RFQ No. 19-20-012 NAME OF 11 Terracon Consulting ............_......__................._._......_..._.........�_ 1A - Proposer's Experience and Qualifications (Max. 30 points) 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 4A - Design Philosophy and Process (Max. 15 points) 5A - Technical Capabilities and Approach (Max. 10 points) 6A - Amount of Work Awarded by the City (Max. 5 points) Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A, and 6A In that order. Qualitative Scores 12 EXP U.S. Services, Ina. 1A - Proposer's Experience and Qualifications (Max. 30 points) 2A - Proposer's Lead Engineer Qualifications and Experience (Max. 20 points) 3A - Proposer's Team Qualifications and Experience (Max. 20 points) 4A - Design Philosophy 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. Chairperson: Fernando V. Ponassl, March., MA PPA, LEED AP 20 15 14 14 6 5 26 15 16 13 27 18 18 13 8 5 27 18 18 13 8 5 23 13 14 12 6 5 OTAL QUALITATIVE SCORES TAL QUALITATIVE SCORES )TAL SCORES (WITH BONUS POINTS) FINAL RANK 408 9' Page 8 of 8 IDocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega, V City Manager FROM: Annie Perez, CPPO, Director Department of Procurement DATE: November 19, 2020 SUBJECT: Evaluation Committee Appointments for Miscellaneous Environmental Engineering Services - Request for Qualifications .("RFQ") No,: 19-20-012 for the Office of Capital Improvements. REFERENCES: RFQ No. 19-20-01.2 In accordance with Section 18-86(c)(6) of the City of Miami Code, at the request of the Department of Procurement (Procurement) on behalf of the Office of Capital Improvements (OCI), an Evacuation Committee was appointed on February 7, 2020 (copy attached)._ Due to one of the external voting members declining to participate, we would like to recommendMr. Nelson Perez-Jacome with the City of Miami Beach as a substitute, and Mr. Harry James with the City of Miami Department of Resilience and Public Works (R&PW) as a second alternate member, The Committee will be tasked with evaluating and scoring the proposals submitted in response to Request for Qualifications (RFQ) 17-18-049 for Miscellaneous Environmental Engineering Services, issued on November 1, 2019. 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 RFP. Chairperson (non -voting) Luis Perez-Codina, Sr. Procurement Contracting Manager, Procurement, City of Miami (COM) City of Miami Staff (voting) 1. Quatisha Oguntoyinbo-Rashad, Chief, Environmental Resources, Procurement, COM 2. Keith Ng, Project Manager, Office of Capital Improvements, COM External Committee Members (voting) 1. Nelson Perez-Jacome, City Engineer, City of Miami Beach 2. Jose Oliveros, Assistant Director, Capital Improvements Program, Coral Gables 3. Daryl Hildoer, P.E., Engineer 3, Department of Transportation, Miami -Dade County Alternate Committee Members (voting) 1. Roberto Fenton, Sr. Construction Manager, Office of Capital Improvements, COM 2. Harry James, Environmental Compliance Specialist, R&PW. Your signature below affirms your appointment of this Committee for the evaluation of proposals for the Project, as solicited under RFP No. 19-20-012, APPROVED: Arthur Norm • a, V, City Manager Date AP: pc c: Nzeribe lhekwaba, Ph,D., P.E., Assistant City Manager/Chief of Operations Fernando Casamayor, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Todd B. Hannon, City Clerk Alan M. Dodd, Director, R&PW Hector Badia, Interim Director, OCI Fernando V. Ponassi. MA Arch„ MA PPA, LEED®AP, Assistant Director, Procurement PR21027 !____ DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-52: (Emergency Management - COM-19 Public1 icalth Emergency) - WHEREAS, Novel Coronavirus Disease 2019 (C(YV1D-19) is a severe .actite rev:Who*/ illness that can spread among humans through respiratory transmission and present s With :symptoms those ofinfhienza; end WHEREAS, inlato:3019:, new and significant eutbre Of COVID-19 enierged China; d WHEREAS, the World Health Organization previously declared COV1D-19 a Public Health Emergency of International Concern; and WHEREAS, in response to the recent COVID-19 outbreak in China; Iran, Italy, Japan mid 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 I, 2020, I issued Executive Order number 20.d1 directing the Florida Department.of Health toissue a Public Health Emergency; and WHEREAS, on March 1, 2020,. the State Surgeont ;General arid State Health Officer declared aPublic:HealthEinergency exists lute State of Florida0 a and WHEREAS, on March ./020, I directed the Director of the Division of Emergency Management to activate the State Emergency Operations Center to Levellto provide coordination and response to the COVID-19 emergencri and WHEREAS, as of Marett 2, 2020, eight counties in Florida.:Florida.:orq positive cases for COVID-19, and COVID-19 poses a risk'to the entire state ofFlorida; and _ DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Wft EREAS, theCDC currently •recommends community preparedness and everyday prevention .measureq: be taken by 1,1 individuals and families: in the United Stittes it/chiding voluntary home isolation when individuals. are sick with respiratory symptoms i coveting coughs and sneezes With a tissue and disposal of the tissuditimediatety: thereafter, washing hands often with soap and water for at least 20 seconds, 4singof alcohol -based hand sanitizers, with 60%-95% ateehol if soap and water Av4t not readily. available and rOutinely deaning -,freqnently touched syrfacesandobjects to increase comomityresilience and readiness for responding to an oothreak;: and INITER:EA,S;the CDC c'tirrently roottimends vitigation me,aSurea rcoinintMities experiencing an outbreak including staying athome. vvhen sick, keeping away from others who are sick, limitingface-to-face contactwith Others as much as -possible, colisulting with:your healthcare provider if -individuals or members of a household are at high risk for cOrf$9--complinations, wearing .a Tacoma* if advised todo so by a healthcare provider .or by a public health official, staying home when ahousehold member is sick: with respiratory disease symptoms ifinStructed to do Sohy public health -officials or -4health .cate.provider; and WAERE0,2as Opyr.mor,I um responsible for illePting-ft dangers presented to :this " andltspeople-: ..-thiaeitostete. NOys:TOMM, RoN DESANTISs, asOoVelllet of Ho_ :by IVittue Otte ihdrityvesued 1* tub by Artidle,TV, 'Settion (I)(a) of the .Florida Constitution, Chapter 252, :Florida ,Sfatate-4-and 1Ibr. applicable Jaws;promulgate the following Exeetallyt04er told lintnediateiffiet Section T.. ecause o :the foresoing conditions; i declare a stateOfettergettey exits MOW: StateOfFlorida, DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 :Section 2. I designate the Direetor of the DiVision of Emergency Management ("Dire-ctor) as the State coordinating- Officer for the duratiori .ofthis emergeney and -direct hhntaexdonto. the State'Srethiprefientive.Ernergeney Management Flan and other response,Tecoveqi andmitigation plans necessary to cope with the emergency. AdditiOnatly, I designate the -State Health Officer and Surgeon General as a Deputy State Coordinafing Officer and State Incident Commander. Purse t detion 252.36(1% Florida Statates„ 1 delegate to the State Coordinating Officer the author* #(: exercise those powers delineated in sections 252,$6(5)-.(10), Florida Statutes, which he Shafl eXerdse asliteded to :Meet:Alia emergencwsubject to tbe.nkations.of s section 252.31 Floida Stabdes. In exercising the -pOwers. delegated by. this Order, the State CoOrdinating Offieer Shall confer -With the Governor to the fidle,st extent practicable. TheState Coordinating Officer shall also haverne authority to: A. Seek direct assiatance and enter into agreements with .any and all agencies of:the United States -Government as may be needed to meet the emergency. 8. Designate additional Deputy State Coordinating Officers, as necessaiy. C. Suspend the -effect of any statute, rule, or order that would in any way prevent,. hinder or. delay any iniOgAtion, :11:AP041.Set :or TOO/cry aetion -„neeeSsary to COpe. With thia etnergency, D. :Enter orders as may be needed to implement any of the foregoing powers; however, the requirements of .sections 252.46 and 1.20.54(4), Florida Statutes do not apply to any ;such der* 'IOWA Iytbef.$tate coOrdinating Officer; 'however, no 8uch order Shall remaittin effed heyOnd the eitpitatintiathiaDetlentiVe.Order, to inelude any extension. Section.3.,, I order the Adjutant General to activate the Florida National Otiaktits needed to deal with this emergency, DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Section 4. 1 find that the special duties and responsibilities resting *won some' State, regional,- and local age,nciesand other .governmental bodies, in .respOMing to Me: ernergeney May :require them to suspend the application of :the statutes, rules, ordinances, and: :order* they adminis* Therefore, 1 issue the fol1090ing autixtrizations: A. Pursuant to section 25236(1)(0, Florida Statutes, ihe: EXoeutive Office of the Q.oyernor may vapend all statutes and. ttilea 'affecting budgeting tot ekterit neeessary to provide &id -get authority for state :agencies to cope with this emergency. The requirements of seetions 73246 .and 120.540), .PlOrida Statutes,. de- not apply to any such suspension Issued by 'the Executive Office ctf the Governor; howel(Orf:170: aUch suspension shall remain in effodtheyend the expiration: of thia-Execntive Order,. to inchide any extension: B. Each $tate agencymay suspend the provisions of anyregulatery statUtelteSetibing the procedures for conduct of state bUsiness or the orders ..or :irules of that. :agency, ifstrict compliance with the pro*iona of any such statitte, order, or rale WoUld irt anyway proVent„ hinder, or delay necessary aotion in toping with the emergency, This i hdes Ibut is not .to„, the aottiorityto 341170410w and.all 'statutes, Nies, ordinances, or, orders vkihich affect.leaSing, printing,. oraitising„ travel, and tbetondition oferripleymetit:and:the compensation-of:employee% POtthe plIt110.$0$ Of:WS; .EXeOntbv Order, "nea$sartaetion e Opint*Ith ;the eniergeticy"Incap. any emergency •Mitigation, •response, orrecover.yActionz :(I) :prescribed in - the State Comprehensi ve, Emergency Management PlaurCE ").;: or (j) ordered by the State Coordinating Officer. The requirements of sections 252.46 and 120.54, Plorida Statutes, Shall not apply tO Any Such suspension issued by a State agennyi. however. no such suspension shall remain in...effect beyond, the expiration ptibis:axpoutivp Order, to include: aq extensions. DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 C. .In accordance witb, Section 4650275, Florida Statutes, pharmacists may dispense tip to a 30-day emergency prescription refill oftnaintenancemedication to persons who reside in an atea or county coveted under this Executive order and to emergency personnel who have been activated by their stateand localAgency but. Who do not reside in an area or county covered this Executive Order". ti,Jn. accordance- with section 252.38, 'Florida Statutes, each political ttibdiviiiion Within the:State of Florida may waive the procedures and tbrrrialities otjierwipe required of the $14hcliVisiou bY laWpertainirtg to! 1) Performance of public work and taking whatever prudent action is necessary to ensure the -health, safety, and welfare of the torttintat 2) Entering into contracts; however, political subdivisions are cautioned againstentering into time and materials contracts without Ceiling as defined by2 CFR 200,3180) or cos plus percentage contracts as defined by 2 CFR 200.32304;- 3) Incurring obligations; 4) Etriployrnent of permanent and tenp�raty wOrkos. Utilizationnf VOInnteer workers; ;45) 'Rental -of equipment; 1) Acquisition and -distribution, with orwithout compensation, of supplies, materials, arid facilities; and, 8). Appropriation and menditure ofpUblic funds, 'E, All State agencies responsibleforthense of State building§ aildflieilititainay close 'such buildings and facilities in those portions of the State.affected by this einergency,Io the extent necessary to meet ibis emergency, I direct each -State agency to report the closure .of any State DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 building or facility' to the -Secretary- of :the, Departtent f Management. Services, Under. he atglicnity:c4;intainedjn. section Statutes.i direet:004y County to report thedloSure of any building orfacility, operated Orirfaintained bythe Comity or anypOlitical subdivision therein to :the Secretary of the Department of Management Ser.viees. Furtherrnotel Idireet itheS:deretary OftlidDepartnient ofManagement Services, to; 1.) Maintain an acourateand up-to-date list o(& aueliehlatiteS;' and,, 2)ProVide that list daily totheState Coordinating PfAget Seetioit$. 1 find thatlhe deittandtplated upon the' funds appropriated to the agencies, of the State of Florida:and-to local agenpiesure unreasonably greatend.thefiinds currently available inw be inadequate. -pity the coati :61cOping with. this .eitergency, in accordance with section 2.$7,37(2),. Florida Statutes I direet that. -sufficient. .lianda be made available, as needed, by transferring and expending -moneys appropriated for other purposesononeys from unappropriated surplus -fund% or from thePudgets.Stabilization Fund. Section 6. All State agencies .entering emergency final orders- or other final actions in response -to. this. emergency Shall advise the 'State Coordinating tifficereontettiperandettsly or as. toMi. tiaptactitable.. :Section 7. meditatprotessiOWS:;:and Nvorkerssoeial work0.$, nd cOangdott *Itli good and valid professional licenses issued by states other than.:the $tater of Yloritia may render ,such, services in Florida during this emergency for 'persona, :deeded :by diner:10mq with the condition that such services be rendered to i.14011 ;persons free' Of -,eharge., and With Ow: lather „condition tat titeh oerviees .be rendered under the .auspices of the American.Red Cross,witie -fleidda-PnpaTinient .:Of Reath, 6 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 Section 8. .A1f activities taker" byllie„Direetotatite DiVisien;Of ErtiOgericy. Management and the State Health Officer, And Surgeon general with respect tcy this emergency before The Issuance 'OttliS EkeetttiVe Order arelatMed. ,This:ExtietitiVe-Order sh011 expire sixty.days oin thi date-wileg:gened, IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Setil of the State of Florida to be affixed, at Tallahassee, this 9th day of Matth, 20 ON ATTEST: DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 STATE 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 (Yf 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 mare than 10 people; and WHEREAS, on .March 17, 2020, I wrote a letter to Attorney General Ashley Moody seeking an advisory opinion regarding concerns raised by local government bodies about their ability to hold meetings through teleconferencing and other technological means in order to protect the public and follow the CDC guidance regarding social distancing; and WHEREAS, on March 19, 2020, Attorney General Ashley Moody delivered an opinion. to me indicating that certain provisions of Florida law require a physical quorum be present for local government bodies to conduct official business, and that local government bodies may only conduct meetings by teleconferencing or• other technological means if either a statute permits a quorum to be present by means other than in person, or that the in person requirement for constituting a quorum is lawfully suspended during, the state of emergency; and DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 WHEREAS, it is necessary and appropriate to take action to ensure that COVID-19 remains controlled, and that residents and visitors in Florida remain safe and secure; NOW, THEREFORE, I, EON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (1)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate e ffec t: Section 1. I hereby suspend any Florida Statute that requires a quorum to be present in person or requires a local govenunent 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 dayof March, 2020 RON DESANTIS, GOVERNOR ATTEST: TARY OF STATE 44,N6 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Miscellaneous Environmental Engineering Services Contract Type Continuing Contract Consultant Langan Engineering and Environmental Services, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 4 ARTICLE 2 GENERAL CONDITIONS 6 2.01 TERM 6 2.02 OPTIONS TO RENEW 6 2.03 SCOPE OF SERVICES 6 2.04 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS 6 2.05 COMPENSATION 6 ARTICLE 3 PERFORMANCE 7 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7 3.03 CONSULTANT KEY PERSONNEL 7 3.04 TIME FOR PERFORMANCE 7 3.05 STANDARD OF CARE 7 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 8 ARTICLE 5 DEFAULT 8 5.01 GENERAL 8 5.02 CONDITIONS OF DEFAULT 8 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 8 ARTICLE 6 TERMINATION OF AGREEMENT 9 6.01 CITY'S RIGHT TO TERMINATE 9 6.02 CONSULTANT'S RIGHT TO TERMINATE 9 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 9 ARTICLE 7 DOCUMENTS AND RECORDS 9 7.01 OWNERSHIP OF DOCUMENTS 9 7.02 DELIVERY UPON REQUEST OR CANCELLATION 9 7.03 RE -USE BY CITY 9 7.04 NON -DISCLOSURE 10 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 10 7.06 E-VERIFY 10 ARTICLE 8 INDEMNIFICATION 11 ARTICLE 9 INSURANCE 11 9.01 COMPANIES PROVIDING COVERAGE 11 9.02 VERIFICATION OF INSURANCE COVERAGE 11 9.03 FORMS OF COVERAGE 12 9.04 MODIFICATIONS TO COVERAGE 12 ARTICLE 10 MISCELLANEOUS 12 10.01 AUDIT RIGHTS; INSPECTION 12 10.02 ENTIRE AGREEMENT 12 10.03 SUCCESSORS AND ASSIGNS 13 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 13 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 13 10.06 NOTICES 13 10.07 INTERPRETATION 14 10.08 JOINT PREPARATION 14 10.09 PRIORITY OF PROVISIONS 14 10.10 MEDIATION - WAIVER OF JURY TRIAL 14 10.11 TIME 15 10.12 COMPLIANCE WITH LAWS 15 10.13 NO PARTNERSHIP 15 10.14 DISCRETION OF DIRECTOR 15 Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 1 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 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 ATTACHMENT A - SCOPE OF WORK 20 ARTICLE 1 GENERAL 20 A1.01 SCOPE OF SERVICES 20 A1.02 WORK ORDERS 21 A1.03 PAYMENTS 21 ARTICLE A2 BASIC SERVICES 21 A2.01 DEVELOPMENT OF OBJECTIVES 22 A2.02 SCHEMATIC DESIGN 22 A2.03 DESIGN DEVELOPMENT 23 A2.04 CONSTRUCTION DOCUMENTS 23 A2.05 BIDDING AND AWARD OF CONTRACT 24 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 25 A2.07 TIME FRAMES FOR COMPLETION 27 ARTICLE A3 ADDITIONAL SERVICES 27 A3.01 GENERAL 27 A3.02 EXAMPLES 28 A3.03 ADDITIONAL DESIGN 28 ARTICLE A4 REIMBURSABLE EXPENSES 28 A4.01 GENERAL 28 A4.02 SUBCONSULTANT REIMBURSEMENTS 29 ARTICLE A5 CITY'S RESPONSIBILITIES 29 A5.01 PROJECT AND SITE INFORMATION 29 A5.02 CONSTRUCTION MANAGEMENT 29 SCHEDULE Al - SUBCONSULTANTS 30 SCHEDULE A2 - KEY PERSONNEL 30 ATTACHMENT B - COMPENSATION AND PAYMENTS 31 ARTICLE B1 METHOD OF COMPENSATION 31 B1.01 COMPENSATION LIMITS 31 B1.02 CONSULTANT NOT -TO -EXCEED 31 ARTICLE B2 WAGE RATES 31 B2.01 FEE BASIS 31 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 31 B2.03 MULTIPLIER 31 B2.04 CALCULATION 31 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 32 B2.06 ESCALATION 32 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 32 133.01 LUMP SUM 32 B3.02 HOURLY RATE FEES 32 B3.03 REIMBURSABLE EXPENSES 32 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 33 B3.05 FEES FOR ADDITIONAL SERVICES 33 133.06 PAYMENT EXCLUSIONS 33 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 33 ARTICLE 4 PAYMENTS TO THE CONSULTANT 33 B4.01 PAYMENTS GENERALLY 33 B4.02 FOR COMPREHENSIVE BASIC SERVICES 34 B4.03 BILLING - HOURLY RATE 34 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 34 B4.05 DEDUCTIONS 34 ARTICLE 5 REIMBURSABLE EXPENSES 34 B5.01 GENERAL 34 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 34 ARTICLE 6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 35 B5.03 GENERAL 35 SCHEDULE B1 - WAGE RATES SUMMARY 36 SCHEDULE B2 - CONSULTANT INVOICE Error! Bookmark not defined. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 2 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Consultant Office Location City Authorization Agreement Number Miscellaneous Environmental Engineering Services Professional Services Agreement - Continuing Contract Langan Engineering and Environmental Services, Inc. 15150 NW 79"" Court, Suite 200, Miami Lakes, FL 33016 Section 18-87, City of Miami Code 19-20-012/7 THIS PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this 17 day of February in the year 2024 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and Langan Engineering and Environmental Services, Inc., hereinafter called the "Consultant." RECITAL WHEREAS, the City issued a Request for Qualifications ("RFQ") No. 19-20-012 on November 1, 2019 for the provision of Miscellaneous Environmental Engineering Services ("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: Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 3 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 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 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management. 1.09 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.12 Department means or refers to the City of Miami's Office of Capital Improvements ("OCI"). 1.13 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of the Office of Capital Improvements or their authorized designee. 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.15 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which must be corrected for the project to function or be built as intended. 1.16 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.17 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. 1.18 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 4 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.19 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.20 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.21 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.22 Program means the City's multi -year Capital Improvements and Transportation Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.23 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.24 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.27 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.28 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with enough detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise, means a firm that has been certified by Miami -Dade County, who will provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87. 1.30 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.31 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.32 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.33 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.34 Work Order Proposal means a document prepared by the Consultant, at the request of the City, for Services to be provided by the Consultant on a specific phase of a Project. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 5 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall be for two (2) years commencing on the effective date hereof. This specified term is intended for administrative and budget control purposes and is not to be considered or interpreted as a time limitation. 2.01-1 Extension of Expiration Date In the event the Consultant is engaged in any Project(s) on the Agreement expiration date, then this Agreement shall not expire and shall remain in effect until completion or termination of said Project(s). New Work Orders shall not be issued after the expiration date. The City, by action of the City Manager or the City Manager's designee, reserves the right to automatically extend this Agreement for up to one hundred twenty (120) calendar days beyond the stated contract term, in order to provide City departments with continual service while a new agreement is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Consultant, in writing, of its intent to extend the Agreement at the same terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Consultant are in mutual agreement of such extensions. Extensions shall comply with applicable approvals and regulations. 2.02 OPTIONS TO RENEW The City, by action of the City Manager or the City Manager's designee, shall have the option to renew the original term for two (2) additional periods of one (1) year each, subject to continued satisfactory performance as determined by the Director, and to the availability and appropriation of funds. City Commission's authorization of this Agreement includes delegation of authority to the City Manager to administratively approve said options to renew provided that the compensation limits set forth in Article 2.05 are not exceeded. 2.03 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, "Scope of Work," hereto, which is incorporated into and made a part of this Agreement. 2.04 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS 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, 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.mianlidade.gov/smallbusiness/certification-programs.asp. Failure to adhere to these requirements will cause the firm to be disqualified as nonresponsive or at a subsequent time cause the Agreement to be canceled. 2.05 COMPENSATION 2.05-1 Compensation Limits The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, "Compensation and Payments," attached hereto; provided, however, that in no event shall the amount of compensation exceed Five Hundred Thousand Dollars ($500,000) in total over the term of the Agreement and any extension(s), unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditure, cost, or charge beyond the compensation limits of this Agreement, as it may be amended from time to time. This Agreement, as amended and/or renewed, is subject to the compensation limits set forth in 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for Continuing Contracts, and other limitations on compensation, as applicable. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 6 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 2.05-2 Payments Unless otherwise specifically provided in Attachment B, "Compensation and Payments," payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, "Compensation and Payments," Schedule B2, "Consultant Invoice," for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as - constituting an agreement between the City and said other person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT'S KEY PERSONNEL The parties acknowledge that the Consultant was selected by the City, in part, based on qualifications of staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as "Key Personnel." The Consultant shall ensure that Key Personnel are available for Work upon request from the City, as Tong as said Key Personnel 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 Personnel. The Consultant shall provide Director, or their designee with information required to determine the suitability of proposed new Key Personnel. Director will act reasonably in evaluating Key Personnel qualifications, and such approval shall not constitute any responsibility or liability for the individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3.05 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G15, Chapter 471 (Engineering) 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. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 7 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, "Subconsultant" is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, "Schedule Al - Subconsultants" attached hereto and Incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, "Schedule Al." 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the"Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, "Schedule Al" without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any term or condition of this Agreement or any other Agreement it has with the City, or fails to perform any of its obligations hereunder, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain its professional certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 8 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City (including specifically the City Manager or the Director acting administratively), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other data and/or documents, including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's designee. The Consultant shall be paid in accordance with provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the City, its officials or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies, will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse from these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 9 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDSAMIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS ("OCI") WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and 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. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 10 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries, or damages arising or resulting from the work, unless it is alleged that the City, its officials and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, against any and all claims of liability and all claims, suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant. This indemnity, hold harmless and duty to defend, shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated, either through review or concurrence of the Consultant's actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all insurance required hereunder and the City's Risk Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 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 copies of insurance policies pertaining to this Agreement to the Procurement Department and Risk Administrator within ten (10) business days of written request. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 11 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 9.03 FORMS OF COVERAGE 9.03-1 Commercial General Liability and Automobile Liability The Consultant shall maintain commercial general liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 general aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, and Contractual Liability pursuant to the latest edition of the Standard ISO Form CG 000 1, 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 04/13 or its equivalence. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-2 Business Automobile The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 per accident naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-3 Professional/Pollution Liability Insurance The Consultant shall maintain Professional Liability Insurance including negligent Errors and Omissions coverage in the rendering or the failure to render professional services in the minimum amount of $1,000,000.00 per claim, $1,000,000.00 annual aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the Professional 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. City must be listed as additional insured in terms of the pollution coverage. 9.03-4 Worker's Compensation Insurance The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. 9.03-5 Subconsultant Compliance The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market at reasonable rates, and may request additional consideration from the City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 12 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any assignment, sale transference without City Commission approval shall be cause for the City to terminate this Agreement. The Consultant shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification, herein where the Consultant shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega V City Manager Office of the City Manager City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: ANoriega c(r7miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director Department of Procurement City of Miami 444 SW 2nd Avenue, 61" Floor Miami, Florida 33130-1910 Email: AnniePerez(a�miamigov.com Phone: 305-416-1910 Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 13 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Victoria Mendez City Attorney Office of the City Attorney City of Miami 444 SW 2nd Avenue, 9'h Floor Miami, Florida 33130-1910 Email: VictoriaMendezamiamigov.com Phone: 305-416-1832 With Copies to: Hector Badia Interim Director Office of Capital Improvements City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: HBadia(a miamigov.com Phone: 305-416-1236 For Langan Engineering and Environmental Services, Inc.: Vincent D. Yarina, PG PrincipalNice President 15150 NW 79th Court, Suite 200 Miami Lakes, Florida 33016 Email: VYarina@Iangan.com Phone: 786-264-7200 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," 'hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the Consultant and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and /or construction of the subject project(s), and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida.- The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 14 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12-1 Non -Discrimination The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12-2 OSHA Compliance The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The City reserves the right to refuse the Consultant's access to City property, including project jobsites, if the Consultant's employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non- compliance with safety regulations is exhibited by the Consultant. 10.12-3 ADA Compliance The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the Consultant shall take affirmative steps to -insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of OCI shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of OCI fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the Director of Procurement, shall review the issues relative to the dispute and issue a written finding. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 15 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for their resolution, is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the project(s), no additional terms or conditions, which materially or substantially vary, modify, or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 16 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: Langan Engineering and Environmental Services, Inc., a Foreign Profit Corporation fiature a ee, it VI /1 Cap Yor44c, ift)((, c 1 / VP Print Name, Title ��ZG Print Name, Title ATTEST: Consult. t Se.retary (Affirm onsult nt Seal, if available) ATTEST: — DocuSigned by: (Corporate Seal) CITY OF MIAMI, a municipal corporation of the State of Florida ,—DocuSigned by: DocuSi ned b 1I'& &r brit, Ns— E46 756 DCF1459.:. g y �g50 F. Todd B. Hannon, City Clerk Arthur N6C 72DD42Aonega V, City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: p— DocuSigned by: DocuSigned by: Fraa & Gowtc �2 5CB31 14E7... Ann bane Sharpe, Director rc 611FdWid , City Attorney Risk Management Department Ds Matter 21-909 Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 17 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 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 Langan Engineering and Environmental services, inc, a corporation organized and existing under the laws of the State of New Jersey , held on the 3 day of August , 2 015, a resolution was duly passed and adopted authorizing (Name) Vincent D. Yarina as (Title)Vice President of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said r: solution remains in full force and effect. IN WITN SS REOF I have hereunto set my hand this 2 , day of February, 20 22 . Secretary: Print: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws , held on the day of , a resolution was duly passed of the State of and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: Names and addresses of partners: Name Street Address City State Zip Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 18 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Signed: Print: NOTARIZATION STATE OF New Jersey ) SS: COUNTY OF Passaic ) The foregoing instrument was acknowledged before me this 2nd day of February 20 22 , by John D Plante , who is personally known to me or who has produced drivers license as identification and who (did / did not) take an oath. )a)t-40/2 6,10 SIGNATURE OF NOTARY PUBLIC STATE OF New Jersey Kathleen Kennedy PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC KATHLEEN KENNEDY NOTARY PUBLIC OF NEW JERSEY My Comte, Egires Aug. 26, 2022 Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 19 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE 1 GENERAL The City has procured a qualified and experienced engineering firm to provide Miscellaneous Environmental Engineering Services, under the direction of the Office of Capital Improvements ("OCI"), and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the City, and the Scope of Services contained in this RFQ. The Proposer and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A1.01, "Scope of Services." The Consultant has been selected in accordance with Section 287.055 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES The Consultant shall provide design, construction documents, construction administration and various reports for environmental engineering related projects. Consultants shall apply for, process, and obtain permits from various environmental regulatory agencies including, but not limited to, the Miami -Dade County Division of Environmental Resources Management (DERM), Department of Environmental Protection (DEP), and Army Corps of Engineers (ACOE) for City projects. The Professional Service Agreement (PSA or Agreement) details the deliverables that will be required of the Consultant. A detailed scope of work will be developed for each work order issued. Projects will typically be issued on a rotational basis factoring in performance of previous work orders issued because of this solicitation. It is anticipated that the Proposer's team will consist of the following disciplines: • Environmental Engineering (as it relates to general environmental engineering work); • Environmental Engineering (as it relates to Asbestos, Lead -Based Paint and mitigation of hazardous chemicals and related materials); and • Miscellaneous Consultants as needed. The Successful Proposer shall provide one or more of the following services, among others, in an on -going and as -needed basis with respect to various project sites to be identified by the City. Further details concerning the Scope of Services are contained in the Agreement for Miscellaneous Environmental Engineering Services, included as part of this RFQ, and will be further specified and clarified in Work Order Proposals solicited as project sites are identified: • Environmental Site Assessments; • Implementation of multi -phase treatment systems; • Complex environmental restoration; • Source removal, remedial action plan design and implementation; • Operations and maintenance (O&M) programs; ■ Best management practices and regulatory liaison activities; • Mitigation and abatement activities; ■ Obtaining approval of all required and applicable permits; • Advising the City regarding methods of work and sequences of operations for environmental engineering projects; • Project Management of multi -scale environmental engineering planning and design projects, including management, coordination, and oversight of the work of other consultants. Further details concerning the Scope of Services are contained in the Agreement included as part of this RFQ. A detailed Scope of Work will be developed by the City for each Work Order issued. A1.02 PROPOSED TEAM/ KEY PERSONNEL The Consultant shall serve as the lead and managing agent for all disciplines required for the Project. The Consultant's work shall be performed by the Key Personnel listed below, as described in the RFQ and shall consist, at a minimum, of the following personnel/disciplines: Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 20 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 • Lead Environmental Engineer • Project Manager In addition to the Key Personnel listed above, the Proposer's team must have at a minimum the following required personnel, through either the Proposer's staff or that of any Sub -Consultant: • Civil Engineer • Geologist • Resilience/Climate Change Specialist • Environmental Site Assessment Specialist • Technical Advisor, Quality Assurance/Quality Control The Lead Environmental Engineer shall lead all design efforts for the Project. The Consultant's Lead Environmental Engineer and Project Manager roles shall not be performed by the same individual. AU Key Personnel proposed by the Consultant in its original response to the RFQ met the minimum qualification requirements specified in Section 3.5, "Minimum Qualification Requirements." As it is detailed in this Professional Services Agreement, as may be amended from time to time, the City, acting by and through its City Manager or the City Manager's authorized designee, prior to issuance of any Notice to Proceed, or at other reasonable intervals decided by the City Manager, may elect at the City's discretion, to proceed with the Work on a phased basis. A1.03 WORK ORDERS When OCI has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, OCI will prepare a Work Order that will be reviewed by OCI staff and the Director or designee. Upon approval, OCI will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. A detailed Scope of Work will be developed by the City for each Work Order issued. A1.04 PAYMENTS The City will pay the Consultant in accordance with provisions and limitations of Attachment B, "Compensation and Payments." No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. ARTICLE A2 BASIC SERVICES Consultant agrees to provide complete Environmental Engineering services as set forth in the tasks enumerated hereinafter, in accordance with Florida Statutes, Chapter 471, 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 the 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 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 Florida Administrative Code Rule 61G15-19.001(4) and Section 471.033(1) (g) of the Florida Statutes. 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 Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 21 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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, specification, 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, specification, or other Services. A2.01 DEVELOPMENT OF OBJECTIVES A2.01-1 Consultant shall confer with representatives from the City, the Project Manager, and other jurisdictional agencies to develop several options for how the various elements of the project will be designed and constructed. A2.01-2 Consultant shall, utilizing a compilation of available documentation, confer with representatives from the City, the Project Manager, and other jurisdictional agencies in order to comprehensively identify aspects of the completed facility program that may require further refinement to attain the requisite detail of design development required to begin the creation of Construction Documents. For clarity of scope, the items that need further development will be called Conceptual and the remaining items will be called Designs. A2.01-3 Consultant shall prepare written descriptions of the various options and shall participate in presentations to multiple groups explaining alternative options. Sufficient detail shall be provided to support the presentation materials. A2.01-4 The Consultant shall hire the appropriate subcontractor to provide surveying services which are not in-house. Such surveys shall include the location of all site structures including all utility structures and facilities. The Consultant shall also engage a soil testing firm to perform soil borings and other tests required for new construction work. The extent to which this work will be needed shall be based on the surveying and soil borings performed previously by the City. Cost of the surveyor and soil engineering firm shall be billed as reimbursable expenses. A2.02 SCHEMATIC DESIGN A2.02.1 Consultant shall prepare and present, in writing and at an oral presentation if requested, for approval by City, a Design Concept and Schematics Report, comprising Schematic Design Studies, including an identification of any special requirement affecting the Project, a Statement of Probable Construction Cost, Project Development Schedule and review of Constructability Review reports. A2.02-2 Schematic Design Studies consist of site plan(s), floor plans (where applicable), elevations, sections, and all other elements required by City or Project Manager to show the scale and relationship of the components and design concepts of the whole. The floor plans may be single -line diagrams. A simple perspective rendering or sketch, model or photograph thereof may be provided to further show the design concept. A2.02-3 A Statement of Probable Construction Cost, prepared in Construction Standard Index (CSI) format, to include a summary of the estimated project cost and an evaluation of funding allocation. Such summary shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees, general conditions, and construction contingency. Such evaluation shall comprise a brief description of the basis for estimated costs per each element and similar project unit costs. Costs shall be adjusted to the projected bid date. Recommendations for reducing the scope of the Project in order to bring the estimated costs within allocated funds, in the event that the statement of Probable Construction Costs exceeds allocated funds, Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. Any "Statement of Probable Construction Costs" prepared by Consultant represents a reasonable estimate of cost in Consultant's best judgment as a professional familiar with the local construction industry. A2.02-4 The Project Development Schedule shall show the proposed completion date of each task of the Project through design, bidding, and post design services. A2.02-5 Constructability Review reports shall be conducted by the City and/or its consultants at design stages deemed necessary by the Project Manager. The Consultant shall provide five additional deliverable plan sets for distribution, by the City, to others for this purpose. There shall be an established deadline for review report submission back to the City. The Consultant shall provide written responses to all comments within two weeks and shall maintain files of all related review reports and Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 22 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 response reports. If necessary, the City may coordinate Constructability Review meetings with some or all the reviewers with the Consultant present to discuss specific issues. In addition to the Constructability Review process mentioned above, the City reserves the right to conduct a Peer Review of the project documents at any design stage. Cost of such a Peer Review would be borne by the City. Any findings as a result of said Peer Review would be addressed by the Consultant, and if requested by the City, would be incorporated into the design documents, at no additional cost to the City and no extension of time to the schedule. A2.03 DESIGN DEVELOPMENT From the approved Schematic Design documents, Consultant shall prepare and present in writing, and at oral presentations, if requested, for approval by City, separate Design Development Documents, updated Project Development Schedules, updated Statements of Probable Construction Costs, and a review of Constructability Review reports. A2.03-1 The Design Development Documents shall consist of drawings (site plans, floor plans, elevations, sections), outline specifications, and other documents. A2.03-2 Design Development consists of continued development and expansion of architectural and/or civil Schematic Design Documents to establish the final scope, relationships, forms, size, and appearance of each element through: Plan sections and elevations Typical construction details • Final materials selection • Construction phasing plan A2.03-3 The updated Development Schedules shall show the proposed completion dates of each milestone of each Project through design, bidding, construction, and proposed date of occupancy. Consultant will also detail all long lead procurement items and architecturally significant equipment that will need to be purchased prior to the completion of Construction Documents. A2.03-4 Provide updated Statements of Probable Construction Cost. If either statement of Probable Construction Cost exceeds allocated funds, Consultant shall prepare recommendations for reducing the scope of that particular Project in order to bring the estimated costs within allocated funds. Consultant shall update its documentation, at no additional cost to the City, to reflect this reduced scope. A2.03-5 Constructability Review reports. A2.04 CONSTRUCTION DOCUMENTS From the approved Design Development Documents, Consultant shall prepare for written approval by City, Final Construction Documents setting forth all design drawings and specifications needed to comprise a fully biddable, permittable, constructible Project. Consultant shall produce 30%, 60%, 90% and Final Construction Documents for review and approval by City, which shall include the following: • A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 30%, 60%, 90% and Final review shall be noted. Consultant shall attach an index of all anticipated drawing sheets necessary to fully define the Project. • The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. • An updated Statement of Probable Construction Cost in CSI format. • Consultant may also be authorized to include in the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. • A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the Specifications completed. Documents submittal shall also include all sections of Divisions "0" and '1". Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 23 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 • Consultant shall include, and will be paid for, City -requested alternates outside of the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with alternates required by the failure of Consultant to design the Project within the Fixed Limit of Construction Cost. • Consultant shall not proceed with further construction document development until approval of the 30% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 30% Documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. Of the seven (7) copies to be provided, the Consultant shall submit four (4) full size copies of the drawings and specifications, and one digital copy in .pdf format. A2.04-1 Maximum Cost Limit Prior to authorizing the Consultant to proceed with preparation of Construction Document Development, the City shall establish and communicate to the Consultant, a maximum sum for the cost of construction of the Project ("Maximum Cost Limit"). If the City has not advertised for bids within ninety (90) days after the Consultant submits the Final Design to the City, the estimate of the cost of construction shall be adjusted by Consultant. Notwithstanding anything above to the contrary, the City may require the Consultant to revise and modify Construction Documents and assist in the re -bidding of the Work at no additional cost or fee to the City if all responsive and responsible bids received exceed ten (10%) percent of the Maximum Cost Limit. A2.04-2 Dry Run Permitting The Consultant shall file and follow-up for approval of building permits at the earliest practicable time during the performance of the Work, for approval by City, County, State and/or Federal authorities having jurisdiction over the Project by law or contract with the City, and shall assist in obtaining any such applicable certifications of permit approval by such authorities prior to approval by CITP of the final set and printing of the Construction Documents. The Consultant shall promptly, at any time during the performance of the Work hereunder, advise the City of any substantial increases in costs set forth in the Statement of Probable Construction Cost that in the opinion of the Consultant is caused by the requirement(s) of such. Upon completion of dry run permitting, Consultant shall provide as part of the seven (7) copies to be submitted, five (5) full size sealed copies of the drawings and specifications. Consultant shall also provide digital versions of the drawings in .dwg, .plt, and .pdf formats. The specification additional terms and conditions shall be provided in both .pdf and .doc formats" A2.05 BIDDING AND AWARD OF CONTRACT A2.05-1 Bid Documents Approvals and Printing Upon obtaining all necessary approvals of the Construction Documents, from authorities having jurisdiction, acceptance by the City of the 100% Construction Documents and latest Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids, preparing, and awarding the construction contract. The City, for bidding purposes, will have the bid documents printed, or, at its own discretion, may authorize such printing as a reimbursable service to the Consultant. A2.05-2 Issuance of Bid Documents, Addenda and Bid Opening • The City shall issue the Bid Documents to prospective bidders and keep a complete List of Bidders. • The Consultant shall assist the City in the preparation of responses to questions if any are required during the bidding period. All addendum or clarifications, or responses shall be issued by the City. • The Consultant shall prepare revised plans, if any are required, for the City to issue to all prospective bidders. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 24 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 The City will schedule a "Pre -Bid Meeting" on an as needed basis, for the Project. The Consultant shall attend all any pre -bid meeting(s) and require attendance of Subconsultants at such meetings. • The Consultant will be present at the bid opening, if requested by the City. A2.05-3 Bid Evaluation and Award The Consultant shall assist the City in evaluation of bids, determining the responsiveness of bids and the preparation of documents for Award of a contract. If the lowest responsive Base Bid received exceeds the Total Allocated Funds for Construction, the City may: • Approve an increase in the Project cost and award a Contract; • Reject all bids and re -bid the Project within a reasonable time with no change in the Project or additional compensation to the Consultant; ■ Direct the Consultant to revise the scope and/or quality of construction, and rebid the Project. The Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost based on such revisions within the Total Authorized Construction Budget. The City may exercise such option where the bid price exceeds 10% of the Fixed Construction Budget provided to the Consultant and as may be modified by the City and the Consultant prior to soliciting bids. • Suspend, cancel, or abandon the Project. NOTE: Regarding scope revisions, the Consultant shall, without additional compensation, modify the Construction Documents as necessary to bring the Probable Construction Cost within the budgeted amount. A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT A2.06-1 The Construction Phase will begin with the award of the construction contract and will end when the Consultant has provided to the City all post construction documents, including Contractor As - Built drawings, the Consultant's record drawings, warrantees, guarantees, operational manuals, and Certificate(s) of Occupancy have been delivered to the City and the City approves the final payment to the Consultant. During this period, the Consultant shall provide administration of the construction contract as provided by this Agreement, and as provided by law. A2.06-2 The Consultant, as the representative of the City during the Construction Phase, shall advise and consult with the City and shall have the authority to act on behalf of the City to the extent provided in the General Conditions and the Supplementary Conditions of the construction contract and their Agreement with the City. A2.06-3 The Consultant and respective Subconsultants shall visit the site to conduct field observations, at a minimum on a weekly basis, and at all key construction events; to ascertain the progress of the Project and shall visit the site as appropriate to conduct field inspections to ascertain the progress of the Project and determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Consultant shall provide any site visits necessary for certification if required by the authorities having jurisdiction. Threshold inspection shall be provided by the Consultant at no additional cost to the City. The Consultant shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. The Consultant and/or Subconsultants will not be required to make extensive inspections or provide continuous daily on -site inspections to check the quality or quantity of the Work unless otherwise set forth in this Agreement. The Consultant will be responsible for writing minutes of all meetings and field inspections report it is asked to attend, as well as the distribution of the minutes. The Consultant and Subconsultants will not be held responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work. The Consultant and his/her Subconsultants will not be held responsible for the Contractor's or subcontractors', or any of their agents' or employees' failure to perform the work in accordance with the contract unless such failure of performance results from the Consultant's acts or omissions. A2.06-4 The Consultant shall furnish the City with a written report of all observations of the Work made by the Consultant and require all Subconsultants to do same during each visit to the Project. The Consultant shall also note the general status and progress of the Work, on forms furnished by the City, Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 25 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 and shall submit them in a timely manner. The Consultant and the Subconsultants shall ascertain that the Work is acceptable to the City. The Consultant shall assist the City in ensuring that the Contractor is making timely, accurate, and complete notations on the "as -built" drawings. Copies of the field reports shall be attached to the monthly Professional Services payment request for construction administration services. The Consultants failure to provide written reports of all site visits or minutes of meeting shall result in the rejection of payment requests and may result in a proportional reduction in Construction Administration fees paid to the Consultant. A2.06-5 • Based on observations at the site and consultation with the City, the Consultant shall determine the amount due the Contractor based on the pay for performance milestones and shall recommend approval of such amount as appropriate. This recommendation shall constitute a representation by the Consultant to the City that, to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that, the quality of the Work is in accordance with the contract and the Contractor is entitled to amount stated on the requisition subject to; • A detailed evaluation of the Work for conformance with the contract upon substantial completion; • The results of any subsequent tests required by the contract; • Minor deviations from the contract correctable prior to completion; • Any specific qualifications stated in the payment certificate and further that the Contractor is entitled to payment in the amount agreed upon at a requisition site meeting or as stated on the requisition. Prior to recommending payment to the Contractor, the Consultant will prepare a written statement to the City on the status of the Work relative to the Construction Schedule, which shall be attached to the Contractor's Requisition. Such statement shall be prepared immediately following the requisition field meeting and shall not be cause for delay in timely payment to the Contractor. By recommending approval of a Payment Certificate, the Consultant shall not be deemed to represent that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used money paid on account of the Construction Contract Sum. A2.06-6 The Consultant shall be the interpreter of the requirements of the Contract Documents and the judge of the performance there under. The Consultant shall render interpretations necessary for the proper execution or progress of the Work upon written request of either the City or the Contractor, and shall render written decisions, within maximum of ten (10) calendar days, on all claims, disputes, and other matters in question between the City and the Contractor relating to the execution or progress of the Work. Interpretations and decisions of the Consultant shall be consistent with the intent of and reasonably inferable from, the Contract Documents and shall be in written or graphic form. A2.06-7 The Consultant shall have the authority to recommend rejection of Work, which does not conform to the Contract Documents. Whenever, in his/her reasonable opinion, the Consultant considers it necessary or advisable to insure compliance with the Contract Documents, the Consultant will have the authority to recommend special inspection or testing of any Work deemed to be not in accordance with the Contract, whether or not such Work has been fabricated and/or delivered to the Project, or installed and completed. A2.06-8 The Consultant shall promptly review and approve, reject, or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the Contract Documents shall not be authorized without concurrence of the City's Project Manager and/or Director of Capital Improvements. The Consultant shall have a maximum of ten (10) calendar days from receipt of shop drawings, samples, RFI's or other submittals by the Contractor, to return the shop drawings or submittals to the Contractor with comments indicating either approval or disapproval. The Consultant shall provide the Contractor with a detailed written explanation as to the basis for rejection. Consultant shall have five (5) calendar days to review contractor payment applications to ensure the City complies with Florida Statute §218.70. A2.06-9 The Consultant shall initiate and prepare required documentation for changes as required by the Consultants own observations or as requested by the City, and shall review and recommend action on proposed changes. Where the Contractor submits a request for Change Order or Change Miscellaneous Environmental Engineering Services RFQ No. '19-20-012/7 26 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Proposal request, the Consultant shall, within ten (10) calendar days, review and submit to the City, his/her recommendation, or proposed action along with an analysis and/or study supporting such recommendation. A2.06-10 The Consultant shall examine the Work upon receipt of the Contractor's request for substantial completion inspection of the Project and shall, prior to occupancy by the City, recommend execution of a "Certificate of Acceptance for Substantial Completion after first ascertaining that the Project is substantially complete in accordance with the contract requirements. The Consultant shall in conjunction with representatives of the City and the Contractor prepare a punch list of any defects and discrepancies in the Work required to be corrected by the Contractor in accordance with Section 218.735, Florida Statutes. Upon satisfactory completion of the punch list the Consultant shall recommend execution of a "Certificate of Final Acceptance" and final payment to the Contractor. The Consultant shall obtain from the Contractor upon satisfactory completion of all items on the punch list all necessary closeout documentation from the Contractor, including but not limited to all guarantees, operating and maintenance manuals for equipment, releases of liens/claims and such other documents and certificates as may be required by applicable codes, law, and the contract, and deliver them to the City before final acceptance shall be issued to the Contractor. A2.06-11 The Consultant shall monitor and provide assistance in obtaining the Contractor's compliance with the its contract relative to 1) initial instruction of City's personnel in the operation and maintenance of any equipment or system, 2) initial start-up and testing, adjusting and balancing of equipment and systems and 3) final clean-up of the Project to assure a smooth transition from construction to occupancy by the City. A2.06-12 The Consultant shall furnish to the City the original documents, including drawings, revised to "as -built" conditions based on information furnished by the Contractor; survey, and specific condition. In preparing the "as -built" documents the Consultant shall rely on the accuracy of the information provided by the Contractor, including the Contractor's record drawings. Any certifications required under this Agreement including the contents of "as -built" documents are conditioned upon the accuracy of the information and documents provided by the construction contractor. Transfer of changes made by "Change Authorization", "Change Order", "Request for Information", substitution approvals, or other clarifications will be the Consultant's responsibility to incorporate into the "as -built" and record documents. Changes made in the field to suit field conditions, or otherwise made by the Contractor for its convenience shall be marked by the Contractor on the "Field Record Set" and transferred to the original contract documents by the Consultant. The original documents as well as the "Field Record Set" shall become the property of the City. A reproducible set of all other final documents will be furnished to the City free of charge by the Consultant. A2.06-13 The Consultant shall review the Contractor's "as built" drawings and submit them to the City upon approval by the Consultant. The Contractor is responsible for preparing the "as built" drawings. A2.06-14 The Consultant shall furnish to the City a simplified site plan and floor plan(s) reflecting "as -built" conditions with graphic scale and north arrow. Plans must show room names, room numbers, overall dimensions, square footage of each floor and all fonts used in the drawings. Two sets of drawings shall be furnished on 24" x 36" sheets and one electronic copy. A2.06-15 The Consultant shall assist the City in the completion of the Contractor's performance evaluation during construction work and upon final completion of the Project. A2.07 TIME FRAMES FOR COMPLETION Time frames for completion of the several steps required to complete any given assignment, from Development of Objectives through and including Construction Contract Administration, will be determined at the time each Work Order is assigned to the Consultant by the City. ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 27 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 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 A3.02-2 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. A3.02-3 Specialty Design: Any additional special professional services not included in the Scope of Work. 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, subcontractor, or equipment manufacturer. A3.02-5 Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-6 Expert Witness: Preparing to serve or serving as an expert witness in connection with any mediation, arbitration, or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the course of this Agreement. A3.02-7 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice, when authorized by the Project Manager. A3.03 ADDITIONAL DESIGN The City may, at its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01-2 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A4.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by Program 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. A4.01-4 Other: Any other services not otherwise included in Article 4, when authorized by the Project Manager. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 28 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to City. A5.01-3 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program pursuant to Article A2.02, Schematic Design. A5.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary in accordance with Article A2.01, Development of Objectives, to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-5 Reliability: The services, information, surveys, and reports described in Articles A5.01-1 through A5.01-4 above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. A5.02 CONSTRUCTION MANAGEMENT A5.02-1 During construction, Consultant and the Project Manager shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction work by the Contractor. A5.02-2 If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant. END OF SECTION Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 29 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD Brizaga Resilience/Climate Change Smart -Sciences Environmental and Ecological Services J&R Precision Drilling Environmental Drilling Services SCHEDULE A2 - KEY PERSONNEL NAME JOB CLASSIFICATION Vincent D. Yarina, PG Principal Vincent D. Yarina, PG Project Manager Michael Spievack, PE Lead Environmental Engineer Leonardo Rodriguez, PE Civil Engineer Daniel Spector, PG Geologist Alec S. Bogdanoff, PhD Resilience/Climate Change Specialist Roger Simon Environmental Site Assessment Specialist Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 30 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article ARTICLE B3, "Lump Sum." b) An Hourly Rate as defined in Article B3.02, "Hourly Rate Fees," and at the rates set forth pursuant to the same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.04-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT -TO -EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages of said certified Wage Rates are summarized in "Schedule B1 - Wage Rates Summary" incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B2.02 EMPLOYEES AND JOB CLASSIFICATIONS "Schedule B1 - Wages Rates Summary" identifies the professions, job categories and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office personnel and 2.4 for field office personnel shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative, and clerical support, other employee time or travel and subsistence not directly related to a project. B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in "Schedule B1 - Wage Rates Summary." Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 31 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g., sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits), and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION There shall be no escalation clause as part of this Agreement. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01-2 Modifications to Lump Sum: if the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01-3 Lump Sum Calculation: Compensation shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, "Schedule A2 - Key Personnel." B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees: Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 Conditions for Use: Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 32 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform additional work and/or incur in pre -authorized expenses, for which additional compensation for Additional Services and/or Reimbursable Expenses, as defined in this Agreement under Articles A3 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.miamigov.com/MiamiCapital/forms.html. The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.05-1 Determination of Fee The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1.0) time the amount expended by the Consultant. B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiations. ARTICLE 4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found at the end of this document. Failure to submit an invoice(s) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 33 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 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 5 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual expenditures made by the Consultant and the Consultants' employees, the Subconsultants, and the Specialty Subconsultants in the interest of the Work for the purposes identified below: B5.01-1 Transportation: Transportation shall not be considered as reimbursable expenses under this Agreement. B5.01-2 Travel and Per Diem: Travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. B5.01-3 Communication Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between Consultant and Subconsultants. B5.01-4 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant to deliver services, set forth in this Agreement. All reimbursable expenses must be accompanied by satisfactory documentation. B5.01-5 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. B5.01-6 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. 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 Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 34 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. ARTICLE 6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.03 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. END OF SECTION Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 35 DocuSign Envelope ID: BC172A07-4639-483A-BA9B-DDB3FF938FA6 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED { AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Principal* $ 86.00 Project Manager $ 44.00 $ 127.60 $ 105.60 Lead Environmental Engineer $ 38.00 $ 110.20 $ 91.20 Civil Engineer $ 43.00 $ 124.70 $ 103.20 Geologist $ 36.00 $ 104.40 $ 86.40 Resilience/Climate Change Specialist $ 60.00 $ 174.00 $ 144.00 Environmental Site Assessment Specialist $ 30.00 $ 87.00 $ 72.00 Technical Advisor, Quality Assurance/Quality Control $ 60.00 $ 174.00 $ 144.00 Administrative Assistant $ 24.00 $ 69.60 $ 57.60 Environmental Technician $ 27.00 $ 78.30 $ 64.80 Senior Project Manager $ 56.00 $ 162.40 $ 134.40 Staff Engineer/Geologist Scientist $ 30.00 $ 87.00 $ 72.00 Senior Scientist $ 43.30 $ 125.57 $ 103.92 Staff Scientist/GIS Spec 1 $ 27.00 $ 78.30 $ 64.80 Staff Scientist/GIS Spec 2 $ 28.00 $ 81.20 $ 67.20 Staff Scientist/GIS Spec 3 $ 29.00 $ 84.10 $ 69.60 Administrative 1 $ 24.37 $ 70.67 $ 58.49 (*) Flat rate, no multipliers applied. Miscellaneous Environmental Engineering Services RFQ No. 19-20-012/7 36 Olivera, Rosemary From: Caseres, Luis Sent: Friday, February 18, 2022 9:57 AM To: McGinnis, Lai -Wan; Badia, Hector; Darrington, Mario; Cabrera, Paola Cc: Cambridge, Susan; Barr, Thomas; Ponassi Boutureira, Fernando; Velez, Pablo; Hannon, Todd; Lee, Denise; Olivera, Rosemary Subject: Document Distribution -RFQ 19-20-012 - Miscellaneous Environmental Engineering Services Attachments: Executed Contract - RFQ 19-20-012-1-Langan-Executed 02-17-2022.pdf Good morning All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Paola You may now close this Matter ID 21-909 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Professional Services Agreement First Party: City of Miami Second Party: Langan Engineering and Environmental Services, Inc. Program/Purpose: Miscellaneous Environmental Engineering Services Effective Date: 02/17/2022 Best regards, Lui.s- Caea- Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 ' (305) 416-1923 A (305) 400-5335 ®Lcaseres©miamigov.com i 'Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. 2