Loading...
HomeMy WebLinkAbout23827AGREEMENT INFORMATION AGREEMENT NUMBER 23827 NAME/TYPE OF AGREEMENT SILVA ARCHITECTS, LLC DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/DESIGN CRITERIA PACKAGE FOR FIRE STATION NO. 10 - B-193207 - D4/MATTER I D : 21-983 EFFECTIVE DATE March 25, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 3/25/2022 DATE RECEIVED FROM ISSUING DEPT. 3/28/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement Dept DEPT. CONTACT PERSON: Anthony Rolle/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Silva Architects, LLC EXT. 1914 IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $500,000.00 FUNDING INVOLVED? ❑ YES ® NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Project Specific ❑ YES ® NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY) RFQ 19-20-027 - Design Criteria Package for Fire Station No 10 — B-193207 — D4 COMMISSION APPROVAL DATE: N/A FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Project is within City Manager's approval authority b �ROUTING`i .OR 11IA I01 y Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR Reviewed by FVP on 3/4/2022. OK to proceed. March 7, 2022 A ie Per ��:06:0 EST DocuSigned by: ��• �e.A.`, 00-••• 7acAc4cf3... SUBMITTED TO RISK MANAGEMENT March 7, 2022 P,_9_1111..ver—DocuSigned by: SUBMITTED TO CITY ATTORNEY Pablo R. velez in behalf of our March 11, 2022 Yicgra4��IdggT� DocuSig ��'G°"�� Y. ned b � MiamEt®463 EDTr—Docusignedby: �F1EF90AF6FE0457... City Attorney. COMPYAriUtWI? CATER ffigf i s budgeted at and currently has $484,256.6-available from Fire F APPROVAL BY ASSISTANT CITY MANAGER March 22, 2022 $615 , 000. 00 Impact rIPA4 Ci f 6rk�316��6 a-. March 24, 2022Ff APPROVAL BY DEPUTY CITY MANAGER Nzeribe Ihekwaba 2745D72ED6E14D0... RECEIVED BY CITY MANAGER March 24, 2022 l�rtlot§r: SNPri § �T DocuSigned by: avgwr We la. $596Ffi63,i�B D42A... SUBMITTED TO AND ATTESTED BY CITY CLERK March 25, 2022 1 :U3U To H on EDT ,—DocuSigned by: "-E1-6U 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT (5bUUl. F 1459 .. PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 22041 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: Design Criteria Package for Fire Station No. 10 - B-193207 - D4 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ® City Manager — Authority level of $500,000 ❑ City Commission — RESOLUTION No. 2. PROCUREMENT METHOD: ® RFP/Q I I ITB ❑ SOLE SOURCE I I PIGGY -BACK 0 PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. WHAT IS THE SCOPE OF SERVICES? Consultant shall focus on Project -level Planning and Design while providing interdisciplinary services necessary to complete the Design Criteria Package for the City that shall encompass all necessary documents required for the future advertisement of the Design/Build RFP solicitation. 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Not Citywide — Station will be Located in Commission District 4 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? LNIA 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? RFQ — Project Specific DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 SILVARC-01 JENVILI A,�,,,,/ IL_.i� CERTIFICATE OF LIABILITY INSURANCE DATE D/YYYY) 11/4/2/4/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER International Insurance Center Inc 7990 SW 117 Ave Suite 209 Miami, FL 33183 CONTACT Maria Fisk A/C No, Ezt (305)279-5446 FAx ( ): � (A/c, No):(305) 279-4045 MAIL maria@lic.cc ODRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: The Hartford Insurance Group 29424 INSURED Silva Architects, LLC 135 San Lorenzo Ave Suite 880 Coral Gables, FL 33146 INSURER B : INSURER C INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP (MM/DD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY �J Gomez Frank Digitally F by Da 13:44:15 signed Gomez, Frank e: 2021.11.10 -05'00 EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISESO(Ea occur ence) $ MED EXP (Any one person) $ PERSONAL BADVINJURY $ GEN'L AGGREGATE ,LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY SCHEDULED AUTOSpD AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident)_ $ (Parr acEcident) AMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A 21WECAI4597 7/1/2021 7/112022 �( PER STATUTE OTH- ER E.L. EACH ACCIDENT 1 $ ,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requi ad) CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2 Ave Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE '�- -- .L. . ce7, ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 Client#: 1050438 SILVAPAR ACO DTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11 /10/2021 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 USI Insurance Services, LLC 2502 N Rocky Point Drive Suite 400 Tampa, FL 33607 CONTACT NAME; (vCC, No, Ext): 813 321-7500 FAX No): 813 321-7525 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Argonaut Insurance Company 19801 INSURED Silva Architects, LLC 135 San Lorenzo Avenue, Suite 880 Coral Gables, FL 33146 INSURER B : INSURER C ; INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE O(Ea RENTED $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PRO - JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY SCHEDULED AUTOS NON -OWNED AUTOS ONLY Gomez Digitally signed /byGomez,Frank Frank Date: 2021 13:45:14 -05'00' 11.10 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY$ (Per accident) PROPERTY DAMAGE (Per accident $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) I(yes, describe under DESCRIPTION OF OPERATIONS below ,//N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability 121AE000239603 11/06/2021 11/06/2022 $2,000,000 per claim $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Professional Liability coverage is written on a claims -made basis. Retroactive Date with regards to the professional liability is 01/01/1975 CERTIFICATE HOLDER CANCELLATION City of Miami 444 S.W. 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #S34015153/M33934669 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LYMEW DocuSign Envelope ID:411BCADD-FC1A-4E20-9A22-84EB158656F8 .4WRO® THESI-2 CERTIFICATE OF LIABILITY INSURANCE OP ID: VZ DATE (MM/DD/YYYY) 02/02/2022 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, If SUBROGATION IS WAIVED, subject to the terms and conditions this certificate does not confer rights to the certificate holder in lieu the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. of the policy, certain policies may require an endorsement. A statement on of such endorsement(s). PRODUCER R A Brandon & Co 217 Aragon Ave Coral Gables, FL 33134 R.A. Brandon & Co, Inc INSURED Silva Architects LLC 135 San Lorenzo Avenue, #880 Coral Gables, FL 33146 305-442-2340 CONTACT MRB Insurance LLC NAME: PHONE (A/C, No, Ext): (305-442-2340 I FAX , No):305-444-0497 E-MAIL - ADDRE mdbrandon@rabrandon.com INSURER(S) AFFORDING COVERAGE INSURER A : Sentinel Ins Co NAIC # 11000 INSURER B : INSURER C : INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL JNSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR Y 21SBMBS5947 02/17/2022 02/17/2023 DAMAGE TO RENTED PREMISES (Ea occurrence) 1,000,000 $ X Ded/Retention 0 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 28f LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER Approved by Frank Gomez 03/04/2022 $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ ANY AUTO y 21 SBMBS5947 02/17/2022 02/17/2023 BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURYp(Per accident) $ X AUTOS ONLY X NON-OWNEDUUO PROPERTY accident) SAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE y 215BMBS5947 02/17/2022 02/17/2023 AGGREGATE $ 1,000,000 DED X RETENT ON $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTH- ER ANY PARTNEEXECUTIVE Y N E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE, $ $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami is an additional insured on a primary and non-contributory basis with respect to the general liability, auto and umbrella policy. CERTIFICATE HOLDER CANCELLATION CITYMIA CITY OF MIAMI 444 S W 2ND AVENUE MIAMI, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 411BCADD-FC1A-4E20-9A22-84EB158656F8 From: Gomez Jr., Francisco (Frank) To: Caseres, Luis; Ouevedo, Terry Subject: RE: COI -Silva Architects LLC - Exp 02/17/22 Date: Friday, March 4, 2022 9:54:48 AM Attachments: image004.png imaae006.onq Good morning Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPII Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (3o5) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Friday, March 4, 2022 9:47 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Subject: FW: COI -Silva Architects LLC - Exp 02/17/22 Good morning, Please review and approve. WC and PL policies are current. DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE PROFESSIONAL SERVICES AGREEMENT Service Category Design Criteria Package for Fire Station No. 10 - B-193207 - D4 Contract Type Project Specific Consultant Silva Architects, LLC TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5 ARTICLE 2 GENERAL CONDITIONS 7 2.01 TERM 7 2.02 SCOPE OF SERVICES 7 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS 7 2.04 COMPENSATION 7 ARTICLE 3 PERFORMANCE 7 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 8 3.03 CONSULTANT KEY STAFF 8 3.04 TIME FOR PERFORMANCE 8 3.05 STANDARD OF CARE 8 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 9 ARTICLE 5 DEFAULT 9 5.01 GENERAL 9 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 9 ARTICLE 6 TERMINATION OF AGREEMENT 9 6.01 CITY'S RIGHT TO TERMINATE 9 6.02 CONSULTANT'S RIGHT TO TERMINATE 10 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 10 ARTICLE 7 DOCUMENTS AND RECORDS 10 7.01 OWNERSHIP OF DOCUMENTS 10 7.02 DELIVERY UPON REQUEST OR CANCELLATION 10 7.03 RE -USE BY CITY 10 7.04 NONDISCLOSURE 11 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 11 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 12 ARTICLE 9 INSURANCE 12 9.01 COMPANIES PROVIDING COVERAGE 12 9.02 VERIFICATION OF INSURANCE COVERAGE 12 9.03 FORMS OF COVERAGE 13 9.04 MODIFICATIONS TO COVERAGE 13 ARTICLE 10 MISCELLANEOUS 13 10.01 AUDIT RIGHTS; INSPECTION 13 10.02 ENTIRE AGREEMENT 13 10.03 SUCCESSORS AND ASSIGNS 14 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 14 10.06 NOTICES 14 10.07 INTERPRETATION 15 10.08 JOINT PREPARATION 15 10.09 PRIORITY OF PROVISIONS 15 10.10 MEDIATION - WAIVER OF JURY TRIAL 16 10.11 TIME 16 10.12 COMPLIANCE WITH LAWS 16 Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 1 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.13 NO PARTNERSHIP 16 10.14 DISCRETION OF DIRECTOR 16 10.15 RESOLUTION OF CONTRACT DISPUTES 16 10.16 INDEPENDENT CONTRACTOR 17 10.17 CONTINGENCY CLAUSE 17 10.18 THIRD PARTY BENEFICIARY 17 10.19 ADDITIONAL TERMS AND CONDITIONS 17 10.20 SEVERABILITY 18 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 18 ATTACHMENT A - SCOPE OF WORK 23 ARTICLE Al GENERAL 23 A1.01 SCOPE OF SERVICES 23 A1.02 WORK ORDERS 24 A1.03 PAYMENTS 26 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 26 A2.01 DEVELOPMENT OF OBJECTIVES 26 A2.02 SCHEMATIC DESIGN 26 A2.03 DESIGN DEVELOPMENT 26 A2.04 CONSTRUCTION DOCUMENTS 26 A2.05 BIDDING AND AWARD OF CONTRACT 26 A2.06 Administration of the Construction Contract 26 A2.07 TIME FRAMES FOR COMPLETION 26 ARTICLE A3 ADDITIONAL SERVICES 28 A3.01 GENERAL 28 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 STAFF 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 B3.01 LUMP SUM 32 83.02 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 B3.06 PAYMENT EXCLUSIONS .. 33 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 33 ARTICLE B4 PAYMENTS TO THE CONSULTANT 33 B4.01 PAYMENTS GENERALLY 33 B4.02 FOR COMPREHENSIVE BASIC SERVICES 35 B4.03 BILLING - HOURLY RATE 35 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 35 B4.05 DEDUCTIONS 35 ARTICLE B5 REIMBURSABLE EXPENSES 35 B5.01 GENERAL 35 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 36 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 36 B6.01 GENERAL 36 Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 2 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 SCHEDULE B1 - WAGE RATES SUMMARY 37 SCHEDULE B2 - CONSULTANT INVOICE 38 Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 3 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Consultant Office Location City Authorization Agreement Number Design Criteria Package for Fire Station No. 10 - B-193207 - D4 Project Specific (RFQ No. 19-20-027) Silva Architects, LLC 135 San Lorenzo Avenue, Suite 880 Coral Gables, FL 33146 Section 18-87, City of Miami Code 19-20-027 THIS PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this 25 day of March in the year 2022I by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and Silva Architects, LLC, hereinafter called the "Consultant." RECITAL A. WHEREAS, the City issued a Request for Qualifications ("RFQ") No. 19-20-027 on June 24, 2020 for the provision of Design Criteria Package for Fire Station No. 10 - B-193207 - D4 ("Services") and the Consultant's proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents ("Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 4 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks the Director as defined in Section 1.12. 1.08 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.09 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1.10 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.11 Department means or refers to the City of Miami's Department of Fire -Rescue ("FIRE") and City of Miami's Office of Capital Improvements ("OCI"). 1.12 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of the Department of Fire -Rescue, Office of Capital Improvement, or their authorized designee(s). 1.13 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.14 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which must be corrected in order for the project to function or be built as intended. 1.15 Force Majeure shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. 1.16 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.17 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 5 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.18 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.19 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.20 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.21 Program means the City's multi -year Capital Plan, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.22 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. 1.23 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the 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. 1.24 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. 1.25 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.26 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.27 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.28 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise ("CBE"), means a firm that has been certified by Miami -Dade County, who will provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87. 1.29 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.30 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.31 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.32 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.33 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 6 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, hereto, which is incorporated into and made a part of this Agreement. 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS Prospective Firms must (shall) adhere to the following requirements; 1) Assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami -Dade County as a Small Business Enterprise ("SBE"), formerly referred to as Community Business Enterprise ("CBE"), in good standing; 2) Place a specific emphasis on utilizing local small businesses from within the City's municipal boundaries. For information on the SBE requirements, visit the Miami -Dade County, Internal Services Department website at http://www.miamidade.qov/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. 2.04 COMPENSATION 2.04-1 Compensation Limits The amount of compensation payable by the City to the Consultant shall generally be a lump sum not to exceed fee, based on the rates and schedules established in Attachment B, Compensation and Payments, hereto, which is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation payable to the Consultant by the City, exceed $500,000.00 as detailed in Exhibit A, Consultant Work Order Proposal, attached hereto, unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. Said fee is comprised of a Lump Sum of $456,450.00 for Basic Services, and $43,550.00 for the Owner's Contingency Allowance, if the City decides to proceed with the larger four (4) apparatus bay option after having the Consultant develop and present both the four (4) apparatus bay option and the three (3) apparatus bay option. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the compensation limits of this Agreement, as it may be amended from time to time. The Work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for continuing contracts and other limitations on compensation, as applicable. 2.04-2 Payments Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule B2 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said another person or firm. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 7 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the City, in part, based on qualifications of particular staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the City, as long as said Key Staff is in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide Director, or their designee with information required to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for the individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3.05 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Secretary of the Interior's Standards for Rehabilitation guidelines, 36 CFR 67, Florida Division of Historical Resources. Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its surveys, maps, designs, drawings, specifications, or other Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional 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 - Subconsultants. 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. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 8 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 - Subconsultants 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 the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. Notwithstanding the above stated, Contractor delays in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event shall remain at all times subject to City acceptance and approval of the same and subordinate to all other terms and conditions of this Agreement. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City (including specifically the City Manager or the Director acting administratively), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 9 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 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. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 10 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 7.04 NONDISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENT WHO IS ADMINISTERING THIS CONTRACT ON BEHALF OF THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE. 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. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 11 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 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 with Insurance Exhibit C contained herein. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 12 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the Procurement Department and Risk Administrator within ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03-1 Commercial General Liability and Automobile Liability The Consultant shall maintain commercial general liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 201011/85 or its equivalence. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-2 Business Automobile The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-3 Professional Liability Insurance The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $1,000,000.00 per claim, $1,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 9.03-4 Worker's Compensation Insurance The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. 9.03-5 Subconsultant Compliance The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the City accompanied by justification. 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. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 13 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 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 attorneys 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(a7miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerezmiamiqov.com Phone: 305-416-1910 Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 14 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Victoria Mendez City Attorney Office of the City Attorney City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: VictoriaMendez(a�miamigov.com Phone: 305-416-1832 Angel R. Carrasquillo, Director Office of Capital Improvement City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: AnCarrasquillo©miamigov.com Phone: 305-416-1225 For Consultant: Alejandro Silva, AIA, Manager Silva Architects, LLC 135 San Lorenzo Avenue, Suite 880 Coral Gables, FL 33146 AsilvaAsilvaarc.com Phone: 305-444-8262 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. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 15 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and /or construction of the subject project(s), and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12-1 Non -Discrimination The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12-2 OSHA Compliance The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The City reserves the right to refuse the Consultant's access to City property, including project jobsites, if the Consultant's employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non- compliance with safety regulations is exhibited by the Consultant. 10.12-3 ADA Compliance The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the Consultant shall take affirmative steps to -insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 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. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 16 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of FIRE and OCI, as identified in Article 10.06, Notices. Upon receipt of said notification, the Directors of FIRE AND OCI shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Directors of FIRE and OCI fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the Director of Procurement, shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for their resolution, is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for project activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 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. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 17 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. END OF SECTION Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 18 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 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: Silva Architects, LLC, a Florida Limited Liability Company p"—^DocuSlgned by: p----DocuSlgned by: ROLANDO SILVA Signature Rolando Silva Print Name, Title ATTEST: ,--DocuSlgned by: a-r L—•o oe2 o19A4r045C... Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: annon, City Cler -;--47199A2728C54E9... Signature Alejandro Silva Print Name, Title (Corporate Seal) DocuSigned by: CITY OF MIAMI, a municipal corporation of the State of Florida —DocuSigned by: om, &ws DocuSi. nec�b�i N6�t-p- Ar�fitYN6FPW v, City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: CORRECTNESS: rDocuSigned by: DocuSigned by: FratAt goolv) [14-0-)-ur-L., F1-CrooArcrE0157... Victoria Mendez, City Attorney 270 Ann ega%arpe, Director Risk Management Department PY (Matter 21-983 DS Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 19 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 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 Silva Architects, LLC, a corporation organized and existing under the laws of the State of Florida, held on 2-22-22 , a resolution was duly passed and adopted authorizing (Name) Alejandro Si Iva as (Title) Manager of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd , day of Februar,y20 2022 c--Doc uSfgned by: Secretary '-----47199A2729E 4E9.., Print: Alejandro Siva CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the day of , , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: Names and addresses of partners: Name Street Address City State Zip Design Criteria Package for Fire Station No. 10 - D4 B-193207 RFQ No. 19-20-027 20 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 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 Florida SS: COUNTY OF Miami -Dade ) The foregoing instrument was acknowledged before me this 1st day of March ,2022 ,by Alejandro Silva to me or who has produced [personally know] did not) take an oath. DocuSfgned by: f rk, S'otaa--Giw5 SIGNATUREEOF NOTARY PUBLIC STATE OF FLORIDA Eric Santa -Cruz PRINTED, STAMPED OR TYPED , who is personally known as identification and who (did / �--- DocuSigned by: AKSANT,CA Mk • Stara plarlda Walon A09Mtt tAxpkeiWitiOUn O national Notan 4t MYYYI.M•YW W.Wa. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 21 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 NAME OF NOTARY PUBLIC Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 22 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The Consultant shall prepare a Design Criteria Package ("DCP") for the proposed Fire Station No. 10 - Design/Build Project located on 4101 NW 7th St, Miami, FL 33126. The Consultant will develop a DCP with sufficient information such that it will allow potential Consultants to submit a responsive proposal for a future Design/Build ("D/B") Request for Proposals ("RFP") (the future RFP solicitation is separate and independent from this RFQ solicitation). The Consultant will remain the City's Design Consultant through the D/B phase and act as the Owner's Representative. The Consultant shall be selected and shall provide Design/Build services throughout the design and construction process, in accordance with Florida Statute Section 287.055, CCNA, as amended. The Project scope includes, but is not limited to, a program providing for a Fire Rescue Station with: • a two (2) story building with on -grade surface parking lot providing the maximum amount of parking spaces according to the Florida Building Code, and any other applicable code and/or regulation; • one (1) alternative with a total of four (4) drive -through apparatus bays to accommodate one (1) aerial truck, one (1) fire engine and two (2) fire rescue vehicles; • one (1) alternative with a total of three (3) drive -through apparatus bays to accommodate one (1) aerial truck, one (1) fire engine and one (1) fire rescue vehicle; • apparatus bays shall exit onto NW 7th Street, be 18 feet in width, and have doors 14 feet wide; • a maximum total building area of approximately 24,023 square feet; • supporting spaces for a total of 14 staff members including 10 Firefighters, three (3) Lieutenants and one (1) Captain; or for a smaller staff commensurate with the smaller facility; • development zoning parameters compliant with Miami 21. A1.01 SCOPE OF SERVICES The Consultant shall provide interdisciplinary services necessary to complete the DCP for the City that shall encompass all necessary documents required for the future advertisement of the Design/Build RFP solicitation. The Consultant shall focus on Project -level Planning and Design to advance the Project needs that have already been identified as high -priority after previous City assessments and scoping efforts completed in November 2019 (see FS-10 Needs Assessment Report). The Consultant shall perform site visits with City staff to determine the final Scope of Services for the Project prior to final negotiations. However, the Scope of Services shall include, but not be limited to: • Adaptation Planning: » As part of the Services, the Consultant will confirm existing conditions and physical constraints after conducting site investigations, utility surveys and any related necessary services. » The Consultant shall assess the City's goals against engineering feasibility, design, permitting, and financial modeling, and lay a clear path forward for the Design/Build RFP solicitation. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 23 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 . DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ■ Design Alternative Analysis: » The Consultant shall develop at least four (4) viable design alternatives for the Project which shall include implementation schedules, cost/benefit analyses and advantages/disadvantages for each design alternative. ■ Design and Engineering: » The Services shall include development of architectural and engineering plans up to a sufficient level of detail (approximately 30%). Design efforts shall comply with all applicable Federal, State, County, City, and local laws, codes, ordinances, rules, and regulations. ■ Infrastructure and Utilities: » The Services shall include coordination with infrastructure and utility companies during the development of the DCP. ■ Cost Estimating, Scheduling, and Implementation Planning: • The Consultant shall develop life cycle cost estimates for the initial four (4) design alternatives, as well as more detailed life cycle cost estimates for the implementation of the selected design alternative; » The Services may include detailing an overall phasing strategy for the selected design alternative. Services including, but not limited to, compiling permitting, design, construction, and financing options shall be incorporated into an overall timeline and comprehensive implementation plan. ■ Public Engagement: » The Services include developing and conducting a public engagement process at multiple stakeholder levels (local, City, State and Federal). This will include regular engagement with Homeowner's Associations ("HOA"), assistance in facilitating public meetings and other engagement efforts, and creation of materials to clearly communicate the intent of the Project to all stakeholders and the general public. The Consultant is expected to develop creative strategies to engage stakeholders effectively. ■ Architecture and Engineering Support Services: » The Design Criteria Professional shall act as the Owner's Representative and shall provide Architecture and Engineering Support Services including, but not be limited to, the planning, procurement, and construction administration services through the D/B phase. A more detailed version of scope of work is included in Exhibit A., "Consultant Work Order Proposal". A1.02 WORK ORDERS When OCI (in communication with FIRE) 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 (in communication with FIRE) will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 24 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 A1.03 PAYMENTS The City will pay the Consultant in accordance with provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. ARTICLE A2 OVERVIEW OF PROJECT SERVICES Consultant agrees to provide complete architectural and engineering services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required under Article A2, without additional charge, for review and approval by the City. Consultant shall not proceed with the next task of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the next task has been issued by City. Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall perform all Work in compliance with Chapter 471 of the Florida Statutes and Rules 61G15-18 through 61G15-37 of the Florida Administrative Code. Consultant shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services. A2.01 DEVELOPMENT OF OBJECTIVES Please refer to Exhibit A, "Consultant Work Order Proposal." A2.02 SCHEMATIC DESIGN Please refer to Exhibit A, "Consultant Work Order Proposal." A2.03 DESIGN DEVELOPMENT Please refer to Exhibit A, "Consultant Work Order Proposal." A2.04 CONSTRUCTION DOCUMENTS Please refer to Exhibit A, "Consultant Work Order Proposal." A2.05 BIDDING AND AWARD OF CONTRACT Please refer to Exhibit A, "Consultant Work Order Proposal." A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT Please refer to Exhibit A, "Consultant Work Order Proposal." A2.07 TIME FRAMES FOR COMPLETION The following time frames are sequential from the date of the NTP. A concurrent project timeline is attached as Schedule A5. Programming and Schematic Design 81 days Design Development/Cost Estimate 161 days Bidding and Award of Construction Contract 60 days Review of Design Builder's 50% Construction Drawings 14 days Review of Design Builder's 100% Construction Drawings 14 days Construction Contract Administration 365 days Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 25 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: A3.02-1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. A3.02-2 Specialty Design: Any additional special professional services not included in the Scope of Work. A3.02-3 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as - built documentation are not additional services. A3.02-4 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting, and balancing of any equipment or system; extended training of City's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, sub -contractor, or equipment manufacturer. A3.02-5 Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-6 Expert Witness: Preparing to serve or serving as an expert witness in connection with any mediation, arbitration, or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the course of this Agreement. A3.02-7 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction. A3.03 ADDITIONAL DESIGN The City may, at its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01-2 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A4.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 26 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 A4.01-4 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A4.01-5 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-6 Other: Items not indicated in Article A4, Reimbursable Expenses, when authorized by the Project Manager. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. 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. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 27 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al -... SUBCONSULTANTS FIRM NAME CONSULTING FIELD AMBRO, Inc. Civil Engineering DDA Engineers, PA Structural Engineering Fraga Engineers, LLC MEP Engineering O'Leary Richards Design Associates, Inc. Landscape Architecture SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION Rolando Silva, AIA Principal Alejandro Silva, AIA Project Manager Andrew Silva, AIA Architect Alfonso Zamora Draftsman Civil Principal Civil Principal Civil Engineer I Civil Engineer I Civil Engineer II Civil Engineer II Civil Draftsman Civil Draftsman Structural Principal Structural Principal Structural Professional Engineer Structural Professional Engineer Structural Engineering Designer Structural Engineering Designer Structural Draftsman Structural Draftsman MEP Principal MEP Principal MEP Senior Engineer MEP Senior Engineer MEP Engineer MEP Engineer MEP Draftsman MEP Draftsman Landscape Principal Landscape Principal Landscape Senior Landscape Architect Landscape Senior Landscape Architect Landscape Architect Landscape Architect Landscape Draftsman Landscape Draftsman Design Criteria Package for Fire Station No. 10 - D4 B-193207 RFQ No. 19-20-027 28 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article B3.01, Lump Sum. b) An Hourly Rate as defined in Article B3.02, Hourly Rate Fees, and at the rates set forth pursuant to the same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 - Wage Rates Summary incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B2.02 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 - Wages Rates Summary identifies the professions, job categories and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative, and clerical support, other employee time or travel and subsistence not directly related to a project. B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 29 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g., sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits), and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION There shall be no escalation clause as part of this Agreement. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01.1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01-3 Lump Sum compensation shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 CONDITIONS FOR USE Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man- hours, or milestones for a Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 30 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A4 and B3.03 respectively, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at http://www.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) times the amount expended by the Consultant. B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiations. ARTICLE B4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 31 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 found on the OCI website at http://www.miamigov.com/MiamiCapital/forms.html. Failure to submit invoice(s) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 32 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B4.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B4.03 BILLING — HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE B5 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual expenditures made by the Consultant and the Consultants' employees, the Subconsultants, and the Specialty Subconsultants in the interest of the Work for the purposes identified below: B5.01-1 Transportation: Transportation shall not be considered as reimbursable expenses under this Agreement. B5.01-2 Travel and Per Diem: Travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. B5.01-3 Communication Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier, and express mail between Consultant and Subconsultants. B5.01-4 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant to deliver services, set forth in this Agreement. All reimbursable expenses must be accompanied by satisfactory documentation. B5.01-5 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. B5.01-6 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. Design Criteria Package for Fire Station No. 10 - D4 RFQ No. 19-20-027 B-193207 33 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. Design Criteria Package for Fire Station No, 10 - D4 RFQ No. 19-20-027 B-193207 34 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Office Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Architectural Principal $200.00* Architectural Project Manager $60.00 $174.00 $144.00 Architect $40.00 $116.00 $96.00 Architectural Draftsman $29.00 $84.10 $69.60 Civil Principal 4 $200.00* Civil Engineer I $55.00 $159.50 $132.00 Civil Engineer II $42.00 $121.80 $100.80 Civil Draftsman $30.00 $87.00 $72.00 Structural Principal $200.00* Structural Professional Engineer $65.00 $188.50 $156.00 Structural Engineering Designer $55.00 $159.50 $132.00 Structural Draftsman $44.00 $127.60 $105.60 MEP Principal $200.00* MEP Senior Engineer $60.00 $174.00 $144.00 MEP Engineer $42.00 $121.80 $100.80 MEP Draftsman $30.00 $87.00 $72.00 Landscape Principal $200.00* Landscape Senior Landscape Architect $61.00 $176.90 $146.40 Landscape Architect $42.00 $121.80 $100.80 Landscape Draftsman $38.00 $110.20 $91.20 (*) Flat rate, no multipliers applied. Design Criteria Package for Fire Station No. 10 - D4 B-193207 RFQ No. 19-20-027 35 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: 2DF7C8D3-A6DB-44E5-BF91-7D6AA69E7B05 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - CONSULTANT INVOICE 4. "e5� ' Y . ; Tr' to `)ptIi ot�'1lit*! �'IloA�1;*> o riAtfeto To: ATTN: From: NOTE: City of Miami Office of Capital Improvements (OCI) 444 SW 2nd Avenue - 8th Floor Miami, FL 33130 Invoice Number: Invoice Date: Page: Invoice Period: Contract No.: Contract Title: Project No.: Project Name: Purchase Order No,: I Work Order No: Month 00, 0000 _.. _ From: (To: - j -- - -- - Month 00, 0000 Month 00, 0000 _ ................._....._..._._......................._........__._.___.._._........._..._.._..... _ Invokes received past 2:00 Prepare invoices Properly to Each awoke must he signed Attach appropriate back-up Submit two (2) signed originals. PM will ha stamped avoid payment delay. by a Pdncpil of the Gm documents to each invoice. with the Next Business Dnte as designated. J SERVICE CONTRACT AMOUNT . %COMPLETE TOTAL EARNED i PREVIOUSLY INVOICED CURRENT INVOICE AMOUNT 1 IODATE, Schematic Design (SO) _ .. .... ... Design DevelopmentTo)........."-"_. ......._ ..._. 3U k GpRSkgehgn (?ggU0tR9iS..C3Qxe CRl 60 Construction Documents (60% CD) 90Y Construction Documents (SD% CD "iU0 Consbucion Doocumenis (rummy 'Dry Run Permllfi-ig iI Biddihy or Negotiation Phase ConsbucAon Administration (CJy__.__._._........_ _w.. _..._._....__._ .... Reimbursable Expenses 1. (Title) _ ...__ ?:(Tjtlel._.__ _. ..._..._ `_. ......... ........_....__...._ __ AddServices Additional $eServices I. (Title) _. _ 2 (Title) 3(Title) ._.. ,..$ _._.___ '.. $ .. $..��-_.- $ _ _ � $ """"" - g _ $ _. _ - —.._ g $ $ _..."_.. $ _.......... _ $ j $ $ ... �$ _... ,.. _.,_r.._,!.$ -_. - '...1 $ • .... $ ... :$ - $ _ . , i $ $ - * - $ $ - - $ _... _ __ _ l $ _. $ - f $ _ $ ..... _ $' ... I E "- _.. � g. _. $ _ ; _. _. _ _. .. _ _ _ $ $ ._... _.._ _... _... .._._.. _ $... $ f $ $ - $ _ $ _ - _ S - ... ............. $ $ _ - 1 - .... $ - $ $ - $ — $._. ... - $......... .. ._..... $ ....... _._._..__._]_. $ _......._. ..._. TOTAL: Prior to this Invoice Remaining Contract Balance: $ - $ - $ • I $ - ................_. - Subtotal:j S r)etluctCons:+ Total Due : ' $ TO BE COMPLETED BY CONSULTANT FIRM ) CERTIFIED TRUE AND CORRECT BY: SUPPORTING DOCUMENTS CHECKLIST: Activation Supporting Additional Letter of Phase being Invoked: Documents for Invoice: Cot:Mallen Status Report: (Signature of Pnndpae Final Payment Documents: Service Aulhodzallorm: (Type Name and Tale of Pnnupal) CITY OF MIAMI APPROVAL: _ _ __..__._. _�__.... AREA TO BE COMPLETED BY CITY OF MIAMI . DATE SIGNATURE Date Received CIP: PROJECT MANAGER CHIEF PROJECT MANAGER Jorge L. Mora Date Received for Payment Processing (Budget Department) ASSISTANT DIRECTOR Angel R. Carrasquillo, PE (DIRECTOR Design Criteria Package for Fire Station No. 10 - D4 B-193207 RFQ No. 19-20-027 36 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 titg xxf atatiYt ADDENDUM No. 1 July 31, 2020 REQUEST FOR QUALIFICATIONS No. 19-20-027 DESIGN CRITERIA PACKAGE FOR FIRE STATION NO. 10 PROJECT NO. B-193207 - 04 TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Request for Qualifications (RFQ) and shall become an integral part of the proposal submitted and the Contract to be executed for Design Criteria Package for Fire Station No. 10 - B-193207 — D4, RFQ No. 19-20-027 (the "Project"). Please note the contents herein and affix it to the documents you have on hand. All attachments (if any) are available on the solicitation's BidSync webpage and are part of this Addendum. It is the sole responsibility of all Proposers to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the BidSync page for this RFQ for updates and the issuance of addenda. A. MODIFICATIONS: 1. Wherever applicable throughout the RFQ document, Proposers are hereby advised that the Proposal Submission Due Date has been changed to August 10, 2020, by 5:00 p.m. (local time). The requirement to submit Proposals through BidSync remains the same. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Design Criteria Package for Fire Station No. 10 - D4 B-193207 for Annie Perez, CPPO, Director Department of Procurement, City of Miami 1 RFP No. 19-20-027 Addendum No. 1 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 Tau' of Atiami ADDENDUM No. 2 AUGUST 4, 2020 REQUEST FOR QUALIFICATIONS No. 19-20-027 DESIGN PACKAGE, 14011 FIRS strATION NO. '1 P HRH C 'NO). R- 7- TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Request for Qualifications (RFQ) and shall become an integral part of the proposal submitted and the Contract to be executed for Design Criteria Package for Fire Station No. 10 - B-193207 — D4, RFQ No. 19-20-027 (the "Project"). Please note the contents herein and affix it to the documents you have on hand. It is the sole responsibility of all Proposers to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the BidSync page for this RFQ for updates and the issuance of addenda. All attachments (if any) are available on the City's BidSync page for this RFQ and are part of this Addendum. A. MODIFICATIONS: 1. On page 21 of the RFQ, Item 6, "Qualifications of the Project Manager," please delete the following: "The Project MaRager shal e a ploycd by the Proposer and shall hC a currently licensed, practicing and registered profee&ienal architect or civil engineer in the State of Florida." And replace it with the following text: "The Project Manager shall be employed by the Proposer and shall be a currently licensed, practicing, and registered professional architect in the State of Florida." B. REQUESTS FOR INFORMATION: Q1. Can you elaborate on the detail -level for the design criteria package? Is the city looking for a schematic level DCP with just engineering narratives, or would the city like this to be taken into design development with engineering drawings that are RU? Al. As stated in Section 2.3 Scope of Services, the Successful Proposer shall focus on Project -level Planning and Design to advance the Project needs that have already been identified as high -priority after previous City assessments and scoping efforts completed in November 2019 (see FS-10 Needs Assessment Report). The selected Consultant shall produce a DCP with sufficient information as to allow potential proposers to submit a responsive proposal for a future Design/Build ("D/B") Request for Proposals ("RFP"). Design Criteria Package for Fire Station No. 10 - D4 1 RFP No. 19-20-027 B-193207 Addendum No. 2 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 Q2. Will the city permit proposers to add supplemental pages to forms, for example - Form RFQ-PN? A2. As stated on page 20, under Submission Requirements, the City forms shall not be expanded or altered. Additional pages may not be added unless the form specifically states that pages can be added. Moreover, modifications, re -typing, or any alterations to the City forms may also result in the Proposal being deemed non -responsive. Q3. Structural engineering and security/technology are not listed on page 11 of the RFQ under key personnel. May we add these disciplines to our team? A3. The staff members identified in Section 2.4, "Proposed Key Personnel/Team Members" are required members of any Proposers' team. Proposers, however, may include additional professionals under the "Required Personnel" category in order to enhance their ability to deliver the required project -level Design Criteria Package. Q4. I understand Wolfberg Alvarez assisted the city with preparing a needs assessment for this project. Are they precluded from submitting on the design criteria package RFQ? A4. Wolfberg Alvarez will not be precluded from consideration in this RFQ. Q5. In reviewing the RFQ forms, we noticed that on Form QKP there is a field to list any restoration / preservation projects and just wanted to confirm this is correct? A5. Form RFQ-QKP, Qualifications of the Key Personnel, has been revised and is attached hereto as Additional Project Information - Exhibit 1. Proposers must use the Revised Form RFQ - QKP - Qualifications of the Key Personnel in their response to this RFQ. Q6. Is there a Certificate of Compliance form? A6. The Certificate of Compliance form is contained in the RFQ document in Section 6 - RFQ Proposal Forms, Form 6.4. Q7. Does the Project Manager role need to be filled by a licensed and registered architect? A7. Please refer to Modification No. 1, above. ADDITIONAL PROJECT INFORMATION: Exhibit 1. Revised Form RFQ-QKP - Qualifications of the Key Personnel THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director Department of Procurement, City of Miami Design Criteria Package for Fire Station No. 10 - D4 2 RFP No. 19-20-027 B-193207 Addendum No. 2 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 Qualifications of Key Personnel Form RFQ-QKP Instructions This form is to be completed and submitted in accordance with the requirements of the RFQ to which your firm is responding. Do not leave any blanks or fail to provide any information or details that are required. Failure to submit this form or the use of any other form will result in the rejection of a proposal as non- responsive. The failure to provide the information or details required by the form may result in the rejection of a Proposal as non -responsive. RFQ No.: RFQ Title: Name of Key Personnel: Years of Related License No.: Experience: Primary Types of Services (Residential, Residential High -Rise, Mixed -Use, Offices, Park Facilities, Government Offices, etc.) Key Personnel Employer: Key Personnel Office Address: Type and number of projects completed in the past 5 years: Design/Bid/Build: Private Sector: City of Miami: Design/Build: Federal Government: Name of Projects: CM -at -Risk: N/A ❑ State/County/Municipal: Residential/Residential High -Rise: Office: Mixed -Use: Retail: LEED/Green Globe Certified: Other (specify): List previous fire facility projects: By signing below, Prime Consultant certifies that the information contained in Form RFQ-QKP is accurate and correct. Prime Consultant further certifies that it is aware that if the City determines that any of the information is incorrect or false the City may at its sole discretion reject the Response as non -responsive By: Signature of Authorized Officer Date Printed Name Title RFQ-QKP Revised 7/31/19 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 ADDENDUM No. 3 AUGUST 7, 2020 REQUEST FOR QUALIFICATIONS No. 19-20-027 DESIGN CRITERIA PACKAGE FOR FIRE STATION NO. 10 PROJECT NO. B-193207 - D4 TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Request for Qualifications (RFQ) and shall become an integral part of the proposal submitted and the Contract to be executed for Design Criteria Package for Fire Station No. 10 - B-193207 — D4, RFQ No. 19-20-027 (the "Project"). Please note the contents herein and affix it to the documents you have on hand. It is the sole responsibility of all Proposers to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the BidSync page for this RFQ for updates and the issuance of addenda. All attachments (if any) are available on the City's BidSync page for this RFQ and are part of this Addendum. A. MODIFICATIONS: 1. Wherever applicable throughout the RFQ document, Proposers are hereby advised that the Proposal Submission Due Date has been changed to August 14, 2020, by 5:00 p.m. (local time). The requirement to submit Proposals through BidSync remains the same. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. for Annie Perez, CPPO, Director Department of Procurement, City of Miami Design Criteria Package for Fire Station No. 10 - D4 1 RFP No. 19-20-027 B-193207 Addendum No. 3 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 TitiTf 1unni ADDENDUM No. 4 AUGUST 10, 2020 REQUEST FOR QUALIFICATIONS No. 19-20-027 DESIGN CRITERIA PACKAGE FOR FIRE STATION NO. 10 PROJECT NO. B-193207 D4 TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and/or deletions amend the above -captioned Request for Qualifications (RFQ) and shall become an integral part of the proposal submitted and the Contract to be executed for Design Criteria Package for Fire Station No. 10 - B-193207 — D4, RFQ No. 19-20-027 (the "Project"). Please note the contents herein and affix it to the documents you have on hand. It is the sole responsibility of all Proposers to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the BidSync page for this RFQ for updates and the issuance of addenda. All attachments (if any) are available on the City's BidSync page for this RFQ and are part of this Addendum. A. MODIFICATIONS: 1. Section 2, "RFQ Scope of Services," is hereby deleted in its entirety and replaced with the following: SECTION 2 RFQ SCOPE OF SERVICES 2.1 PURPOSE The City of Miami, through its Department of Procurement and on behalf of the Fire Department, is issuing this RFQ to procure a qualified and experienced architectural firm to serve as the Design Criteria Professional for the development of a Design Criteria Package ("DCP") for the Fire Station No. 10 Project ("Project"). This serves as an invitation for qualified interdisciplinary teams, which may be composed of architects, engineers, and certain other professionals to submit Proposals to provide the necessary services as described in this RFQ. The Successful Proposer and its Team must be able to perform every element of the Scope of Services, as further detailed. The Successful Proposer's and its Team's expertise shall include, but not be limited to architecture, engineering, landscape architecture, and cost estimating. 2.2. PROJECT DESCRIPTION AND BACKGROUND The project consists of preparing a Design Criteria Package (DCP) with two (2) alternatives for the upcoming Fire Station No. 10 - Design/Build project. The two (2) alternatives included in the required DCP shall be for 1) a larger facility with four (4) drive - through apparatus bays; and 2) a smaller facility with three (3) drive -through apparatus bays (hereinafter referred to as the Dual Version DCP). The Successful Proposer will develop a Dual Version DCP with sufficient information such that it will allow potential proposers to submit a responsive proposal for a future Design/Build ("D/B") Request for Proposals ("RFP"). The future RFP solicitation is Design Criteria Package for Fire Station No. 10 - D4 1 RFP No. 19-20-027 B-193207 Addendum No. 4 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 separate and independent from this RFQ solicitation. The Successful Proposer will remain the City's Owner's Representative through the D/B phase. The Successful Proposer shall be selected to provide the aforementioned services in accordance with Florida Statutes Section 287.055, Consultants' Competitive Negotiation Act (CCNA), as amended. NOTE: This RFQ is being issued for the development of the Design Criteria Package only. The Project scope includes, but is not limited to, a program providing for a Fire Rescue Station with: ■ a two (2) story building with on -grade surface parking lot providing the maximum amount of parking spaces according to the Florida Building Code, and any other applicable code and/or regulation; ■ one (1) alternative with a total of four (4) drive -through apparatus bays to accommodate one (1) aerial truck, one (1) fire engine and two (2) fire rescue vehicles; • one (1) alternative with a total of three (3) drive -through apparatus bays to accommodate one (1) aerial truck, one (1) fire engine and one (1) fire rescue vehicle; • apparatus bays shall exit onto NW 7th Street, be 18 feet in width, and have the appropriate amount of 14-foot wide doors per alternative; ■ a maximum total building area of approximately 24,023 square feet; • supporting spaces for a total of 14 staff members including 10 Firefighters, three (3) Lieutenants and one (1) Captain; or for a smaller staff commensurate with the smaller facility; ■ development zoning parameters compliant with Miami 21. 2.3 SCOPE OF SERVICES The Successful Proposer shall provide interdisciplinary services necessary to complete the Dual Version DCP for the City that shall encompass all necessary documents required for the future advertisement of the Design/Build RFP solicitation. The Successful Proposer shall focus on Project -level Planning and Design to advance the Project needs that have already been identified as high -priority after previous City assessments and scoping efforts completed in November 2019 (see FS-10 Needs Assessment Report). The Successful Proposer shall perform site visits with City staff to determine the final Scope of Services for the Project prior to final negotiations. However, the Scope of Services shall include, but not be limited to: ■ Adaptation Planning: » As part of the Services, the Successful Proposer will confirm existing conditions and physical constraints after conducting site investigations, utility surveys and any related necessary services. » The Successful Proposer shall assess the City's goals against engineering feasibility, design, permitting, and financial modeling, and lay a clear path forward for the Design/Build RFP solicitation. • Design Alternatives Analysis: » The Successful Proposer shall develop at least four (4) viable design alternatives for the Project which shall include implementation schedules, cost/benefit analyses and advantages/disadvantages for each design alternative. Design Criteria Package for Fire Station No. 10 - D4 2 RFP No. 19-20-027 B-193207 Addendum No. 4 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 ■ Design and Engineering: » The Services shall include development of architectural and engineering plans up to a sufficient level of detail (approximately 30%). Design efforts shall comply with all applicable federal, state, county, city, and local laws, codes, ordinances, rules, and regulations. ■ Infrastructure and Utilities: » The Services shall include coordination with infrastructure and utility companies during the development of the Dual Version DCP. ■ Cost Estimating, Scheduling and Implementation Planning: » The Successful Proposer shall develop life cycle cost estimates for the initial four (4) design alternatives, as well as more detailed life cycle cost estimates for the implementation of the selected design alternative; » The Services may include detailing an overall phasing strategy for the selected design alternative. Services including, but not limited to, compiling permitting, design, construction, and financing options shall be incorporated into an overall timeline and comprehensive implementation plan. • Public Engagement: » The Services include developing and conducting a public engagement process at multiple stakeholder levels (local, city, state and federal). This will include regular engagement with impacted Homeowner's Associations ("HOA"), assistance in facilitating public meetings and other engagement efforts, and creation of materials to communicate clearly the intent of the Project to all stakeholders and the general public. The Successful Proposer is expected to develop creative strategies to engage stakeholders effectively. • Architecture and Engineering Support Services: » The Design Criteria Professional shall act as the Owner's Representative and shall provide Architecture and Engineering Support Services including, but not be limited to, the planning, procurement, and construction administration services through the D/B phase. A detailed scope of work will be developed for each Work Order issued. As further detailed in the ensuing 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. 2.4 PROPOSED KEY PERSONNEL/TEAM MEMBERS The Successful Proposer shall demonstrate the following qualifications: • Experience managing and executing the design and implementation of complex fire facility construction projects similar to the one proposed; ■ Experience in evaluating and developing fire facility design guidelines for minimizing environmental impacts; ■ Experience with permitting processes for fire facility projects at a local, state and federal level; ■ Experience in planning and engineering for fire facility projects; and Design Criteria Package for Fire Station No. 10 - D4 3 RFP No. 19-20-027 B-193207 Addendum No. 4 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 ■ Experience with construction cost estimating and scheduling on complex fire facility projects; and ■ Experience with construction cost estimating and scheduling on complex fire facility projects. The Successful Proposer shall serve as the lead and managing agent for all disciplines required for the Project. The Successful Proposer'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: ■ Project Manager - Architect (Employed by Proposer) ■ Lead Designer - Architect (Employed by Proposer) ■ Senior Architect (Employed by Proposer or Subconsultant) In addition to the Key Personnel listed above, the Proposer's team must have the following required personnel, either through the Successful Proposer's staff or that of any Sub - Consultant: ■ Civil Engineer ■ Landscape Architect ■ MEP Engineer ■ Professional Cost Estimator ■ Surveyor and Mapper ■ Geotechnical Engineer ■ Public Engagement Specialist The Successful Proposer shall designate a primary lead individual, referred to as the "Project Manager", to manage and coordinate the development of the Dual Version DCP. In addition, the Successful Proposer shall also designate a second lead individual, referred to as the "Lead Designer" to assist the Project Manager in leading the design efforts. The Project Manager and Lead Designer shall both be directly employed by the Successful Proposer and shall not be the same individual. END OF SECTION THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPO, Director Department of Procurement, City of Miami Design Criteria Package for Fire Station No. 10 - D4 4 RFP No. 19-20-027 B-193207 Addendum No. 4 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V DATE: May 5, 2021 FILE: City Manager FROM: Annie Perez, CPPO, Director Department of Procurement SUBJECT: Recommendation for Award of Contract for Design Criteria Package for Fire Station No. 10 - D4 REFERENCES: Request for Qualifications ("RFQ") No. 19-20-027 ENCLOSURES: Report of Evaluation Committee Memorandum, Evaluation Committee Appointment Memorandum, Proposal Security List, Consultant April 15, 2021 Revised Proposal RECOMMENDATION Based on the findings below, the Department of Procurement ("Procurement") hereby recommends the award of a professional services agreement ("PSA") to Silva Architects, LLC ("Silva" or "Consultant") for the Design Criteria Package for Fire Station No, 10 ("Project"). The City of Miami ("City") is in need of engaging the Consultant to prepare the Design Criteria Package ("DCP") for the proposed Fire Station No. 10 to be located at 4101 NW 7th Street. The Consultant shall develop a DCP with sufficient information that will allow potential design -build ("D/B") firms to submit proposals for a future Request for Proposals ("RFP"), which will be solicited separately from this RFQ. The Consultant will remain as the City's Design Criteria Consultant through the D/B phase, and shall act as the Owner's Representative throughout the design and construction process, in accordance with Florida Statute Section 287.055, the Consultant's Competitive Negotiation Act (CCNA), as amended. The Consultant shall provide the interdisciplinary services necessary to complete the DCP for the City that shall encompass all necessary documents required for the future advertisement of the D/B RFP solicitation. The Consultant shall focus on project -level planning and design to advance the Project needs that have already been identified as high -priority after previous City assessments and scoping efforts completed in November 2019 (see FS-10 Needs Assessment Report, copy attached). The Consultant's Scope of Services includes, but is not limited to, Architecture and Engineering design, infrastructure and utilities, adaptation planning, alternative design analysis, cost estimating, scheduling and implementation planning, public engagement and Architecture and Engineering support services, FISCAL IMPACT The total potential impact of this project may vary from $265,264.00 to $500,000.00, depending on the specific selection made by the City between the available options. These options, which do not exceed your delegated authority of $500,000.00, are fully detailed in the Consultant's final fee proposal, dated April 15, 2021 (copy attached), include the following: Option 1: four (4)-apparatus bay Total estimated construction cost $9.5M Option 2: three (3)-apparatus bay Total estimated construction cost $4.5M Developing Only Option 1 Developing Both Options Developing Only Option 2 Developing Both Options Task 1 $85,750.00 $85,750.00 $85,750.00 $156,500.00 $85,750.00 $287,475.00 Tasks 2 thru 5 $302,950.00 $370,700.00 Sub -Total $388,700.00 $456,450.00 $242,250.00 $373,225.00 Owner's Contingency $36,927.00 $43,550.00 $23,014.00 $35,456.00 Grand Total $425,627.00 $500,000,00 $265,264.00 $408,681.00 PR21131 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 Page 2 - Recommendation for Award of Contract for Design Criteria Package for Fire Station No. 10 Arthur Noriega V, City Manager BACKGROUND On June 24, 2020, the City's Department of Fire -Rescue ("Fire"), through Procurement, issued RFQ No. 19-20-027, Design Criteria Package for Fire Station No. 10, under full and open competition, to obtain proposals from qualified and experienced architectural firms to serve as the Design Criteria Professional for the development of a DCP for the Project, in accordance with the CCNA. On August 14, 2020, Procurement received five (5) proposals in response to this RFQ solicitation. The proposals were reviewed by Procurement staff, upon which four (4) proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ. The remaining proposal from Carpet Savers, Inc. dba Dry Out Restorations (Dry Out), was disqualified from the selection process after it was determined, in consultation with the City Attorney's Office, that its proposal consisted of a one -page promotional leaflet. On November 6, 2020, pursuant to Section 3.1, "Acceptance/Rejection", Dry Out was sent a non -responsiveness letter outlining the reasons for such decision. Subsequently, on December 11, 2020, the Evaluation Committee appointed by the City Manager met and completed the Step 1 evaluation of the four (4) responsive and responsible proposals pursuant to the six (6) evaluation criteria stated in the RFQ. The Committee ranked the Consultant, Silva Architects, LLC, highest of the proposing firms and the Committee unanimously recommended that negotiation of a PSA be initiated with the Consultant. Negotiations were authorized on February 3, 2021. Negotiations with Silva were commenced with the kickoff meeting on February 22, 2021. The City's Negotiation Committee was comprised of experienced fire department professionals, two (2) from the City's Fire Department and one (1) from Miami -Dade County's Fire Department. After reviewing and discussing the Project scope with Silva, the Consultant provided the Committee with its initial fee proposal on February 25, 2021. After reviewing Silva's initial fee proposal, the Committee determined that subsequent meetings were needed to discuss and clarify certain elements through further revisions to the proposal. Among other things, the Committee required that the proposal provide options for a station with four (4) drive -through apparatus bays and an option with three (3) drive -through apparatus bays, along with delineation and clarification of the fees associated with each option. Following three revisions to the Consultant's initial proposal, the Committee determined that Silva's proposal dated April 15, 2021 contains the clarity needed to allow the City to make the prudent choices required to proceed with the DCP process. Consequently, approval of this recommendation is requested. Execution of the ensuing PSA will be completed upon your approval. Your signature below indicates your approval of Procurement's recommendation, subject to subsequent final approval by the City Commission. Approved: Arth r Norieda V, City Manager Date: -In c: Nzeribe Ihekwaba, PE, PhD, Deputy City Manager Fernando Casamayor, Assistant City Manager, Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Joseph F. Zahralban, Chief of Fire, Department of Fire Rescue Hector Badia, Interim Director, Office of Capital Improvements (OCI) Jorge Mora, Assistant Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR21131 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 City of Miami RFQ 19-20-027 Solicitation #RFQ 19-20-027 - Request for Qualifications (RFQ) Design Criteria Package for Fire Station No. 10 Creation Date Jun 16, 2020 Start Date Jun 25, 2020 10:23:38 AM EDT End Date Aug 14, 2020 5:00:00 PM EDT Awarded Date Not Yet Awarded RFQ 19.20-027-01-01 RFQ - Design Criteria Package for Fire Station No. 10 Supplier Unit Price Qty/Unit Total Price Attch. Docs Dry Out Restorations First Offer - 1 / contract Y Product Code: Agency Notes: Supplier Product Code' Supplier Notes: All required documents have been uploaded? (Y/N): y Architects Design Group, Inc. First Offer - 1 / contract Y _ Product Code: Agency Notes: Supplier Product Code: Supplier Notes: All required documents have been uploaded? (YIN): Y Silva Architects, LLC , l First Offer - 1 / contract Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: All required documents have been uploaded? (Y/N): Y Wolfberg Alvarez & Partners First Offer - 1 / contract Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: All required documents have been uploaded? (Y/N): Y RFQ 19-20-027 Wolfberg Alvarez and Partners Wannemacher Jensen Architects First Offer - 1 / contract Y Product Code: Agency Notes: Supplier Product Code: Supplier Notes: All required documents have been uploaded? (Y/N): Y Supplier Totals f Architects Design Group, Inc. Bid Contact Tonya Cronin marketing@adgusa.org Ph 407-647-1706 Agency Notes: f Dry Out Restorations Bid Contact Robert Ellis yari@dryoutrestorations.com Ph 305-285-0030 Agency Notes: f Wannemacher Jensen Architects Bid Contact Chris Mercer $0.00 Address P.O. Box 1210 Winter Park, FL 32790 Supplier Notes: $0.00 Address 1455 SW 13th Ave MIAMI, FL 33145 Head Attch: Supplier Notes: Head Attch: $0.00 Address 180 Mirror Lake Dr N 8/17/2020 BidSync p. 2 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 City of Miami RFQ 19-20-027 mercer@wjarc.com Ph 727-822-5566 Agency Notes: f Wolfberg Alvarez & Partners Bid Contact Kristen Lacayo achavero@wolfl3ergalvarez.com Ph 305-666-5474 Fax 305-665-4293 Bid Notes RFQ 19-20-027 Wolfberg Alvarez and Partners Agency Notes: f Silva Architects, LLC Bid Contact Alejandro Silva asilva@silvaarc.com Ph 305 444 8262 Agency Notes: ** St. Petersburg, FL 33701 Supplier Notes: $0.00 Address 75 Valencia Avenue Suite 1050 Coral Gabels, FL 33134 Supplier Notes: RFQ 19-20-027 Wolfberg Alvarez and Partners $0.00 Address 135 San Lorenzo Ave Suite 880 Coral Gables, FL 33146 Supplier Notes: 8/17/2020 BidSync P. 3 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: EE87B73E-67AE-4A28-8118-635C8AE29E95 ILV CHI Date: April 15, 2021 Revised Dear Mr. Rolle: Silva Architects, LLC proposed to provide the services identified below for the project entitled "Design Criteria Package for Fire Station No. 10" Project No. B-193207-D4. I. GENERAL The scope of work generally involves the creation of a Design Criteria Package for Fire Station No. 10 as outlined in Attachment A — Scope of Work with exceptions as noted below. This involves Programming, Design, Bidding, Design Review, and Construction Administration. II. SCOPE OF WORK The scope of work generally involves the creation of a Design Criteria Package for Fire Station No. 10. This involves: Task 1: Programming and Schematic Design for two different Options 1. Programming and Schematic Design for Option 1 - $9.5 million budget (assumes re -use of existing Option 1 work and includes only re -validation of Option 1) 2. Full Programming and Schematic Design for Option 2 - $4.5 million budget 3. Cost Estimates for each Option 4. Aid Owner in Evaluation of all options 5. 2 Exterior Renderings for Option 2 (Option 1 renderings already completed to be re -used) 6. Includes 1 Community Meeting and 6 design meetings 7. Includes attendance at any required Zoning/Approvals hearings Task 2: Design Development 1. 30% Drawings for Architectural, Civil, Structural, MEP Engineering, and Landscape Architecture (Task 2 fees Option 1, 2, or 3 to be selected by City upon commencement of Task 2) 2. Design Criteria documents and Specifications 3. Updated Cost Estimate(s) 4. Includes 1 Community Meeting and 6 design meetings 5. Includes attendance at any required Zoning/Approvals hearings 6. Aid Owner in Selection of Final Option Task 3: Bidding and Award 1. Preparation of Design Criteria Bid Package utilizing 30% drawings and Design Development Criteria. 2. Review of Bidder RFIs 3. Aid Owner in evaluation of bids and technical proposals Task 4: Design Review of Design/Builder's drawings 1. Review of Design/Builder AOR submittal at Phase II/III — 50% Construction Documents 2. Review of Design/Builder AOR submittal at Phase II/III — 100% Construction Documents Task 5: Construction Administration 1. Attendance at biweekly OAC meetings during project construction 2. Periodic Construction observations for quality inspections and conformance to Design Criteria Package 3. Punchlist at Substantial Completion 135 SAN LORENZO AVENUE SUITE 880 e CORAL GABLES, FLORIDA 33146 *PH: (305) 444-8262 *Fax: (305) 444-5920 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: EE87B73E-67AE-4A28-8118-635C8AE29E95 III. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the performance of the Work: Sub -Consultant Name Specialty or Expertise AMBRO, Inc. Civil Engineering DDA Engineers, PA Structural Engineering Fraga Engineers, LLC MEP Engineering O'Leary Richards Design Associates, Inc. Landscape Architecture IV. SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below: Schedule of Deliverables Task Deliverable Duration Delivery Date Task 1A Programming and Schematic Design for Options 1 and 2 Cost Estimate for each option 60 days NTP + 60 days Task 1 B City Review/Approval 21 days NTP + 81 days Task 2A Submittal of Design Development Drawings and Design Criteria Package Cost estimate for each option 140 days NTP + 221 days Task 2B City Review/Approval 21 days NTP + 242 days Task 3 Bidding & Award 60 days NTP + 302 days Task 4A Review of Design Builder's Phase II/III — 50% CDs 14 days (DCP Review time only) Task 4B Review of Design Builder's Phase II/III — 100% CDs 14 days (DCP Review time only) Task 5 Construction Administration 365 days V. COMPENSATION This fee proposal includes proposals for three different Options for the Work. Task 1 is a Lump Sum fee proposed to bring the project up to the completion of Task 1. Consultant shall perform the Work detailed in this proposal for a total fee for Task 1 of Eighty -Five Thousand Seven Hundred Fifty dollars ($85,750.00). After Task 1 is completed, City would elect either Option 1, Option 2, or Option 3. If Option 1 ($9.5 million budget project) is selected, Consultant shall perform the Work detailed in this proposal for a total fee (inclusive of Tasks 1 through 5) of Three Hundred Eighty Eight Thousand Seven Hundred dollars ($388,700.00). This includes development of ONLY Option 1 to full Design Criteria and subsequent bidding, review, and CA work. If Option 2 ($4.5 million budget project) is selected, Consultant shall perform the Work detailed in this proposal for a total fee (inclusive of Tasks 1 through 5) of Two Hundred Forty Two Thousand Two Hundred Fifty dollars ($242,250.00). This includes development of ONLY Option 2 to full Design Criteria and subsequent bidding, review, and CA work. If Option 3A is selected, Consultant shall perform the Work detailed in this proposal for a total fee (inclusive of Tasks 1 through 5) of Four Hundred Fifty -Six Thousand Four Hundred Fifty dollars ($456,450.00). If Option 3B is selected Consultant shall perform the Work detailed in this proposal for a total fee (inclusive of Tasks 1 through 5) of Three Hundred Seventy -Three DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: EE87B73E-67AE-4A28-8118-635C8AE29E95 Thousand Two Hundred Twenty -Five dollars ($373,225.00). Option 3 includes development of BOTH Options 1 and 2 to full Design Criteria. The City would then select either Option 1 or Option 2 for Bidding, review, and CA work. The City shall not be liable for any fee, cost, expense, or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed $10,000 for Task 1, $15,000 for Option 1, $15,000 for Option 2, and $22,000 for Option 3. Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes 112.061. Summary of Compensation for Programming and Schematic Design Task Deliverable Fee Amount Fee Basis Task 1 Programming and Schematic Design for Option 1 $ 15,000.00 Lump Sum Programming and Schematic Design for Option 2 $ 60,750.00 Lump Sum Subtotal — Professional Fees $ 75,750.00 Lump Sum Allowance for Task 1 Reimbursable Expenses $ 10,000.00 Not to Exceed Total Task 1 $ 85,750.00 Summary of Compensation for Option 1 ($9.5 million project ONLY if selected) Task Deliverable Fee Amount Fee Basis Task 2 Submittal of Design Development Drawings and Design Criteria Package $123,975.00 Lump Sum Task 3 Bidding & Award $ 41,325.00 Lump Sum Task 4A Review of Design Builder's Phase II/III — 50% CDs $ 20,000.00 Lump Sum Task 4B Review of Design Builder's Phase II/III — 100% CDs $ 20,000.00 Lump Sum Task 5 Construction Administration $ 82,650.00 Lump Sum Subtotal — Professional Fees Option 1 Tasks 2 through Task 5 $287,950.00 Lump Sum Allowance for Option 1 Reimbursables $15,000.00 Not to Exceed Total Option 1 Tasks 2 through Task 5 including Reimbursables $302,950.00 Plus Task 1 (See breakdown above) $ 85,750.00 Total Option 1 Tasks 1 through Task 5 $388,700.00 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: EE87873E-67AE-4A28-8118-635C8AE29E95 Summary of Compensation for Option 2 ($4.5 million project ONLY if selected) Task Deliverable Fee Amount Fee Basis Task 2 Submittal of Design Development Drawings and Design Criteria Package $ 60,750.00 Lump Sum Task 3 Bidding & Award $ 20,250.00 Lump Sum Task 4A Review of Design Builder's Phase II/III — 50% CDs $ 10,000.00 Lump Sum Task 4B Review of Design Builder's Phase II/III — 100% CDs $ 10,000.00 Lump Sum Task 5 Construction Administration $ 40,500.00 Lump Sum Subtotal — Professional Fees Option 2 Tasks 2 through Task 5 $141,500.00 Lump Sum Allowance for Option 2 Reimbursables $15,000.00 Not to Exceed Total Option 2 Tasks 2 through Task 5 including Reimbursables $156,500.00 Plus Task 1 (See breakdown above) $ 85,750.00 Total Option 2 Tasks 1 through Task 5 $242,250.00 Summary of Compensation for Option 3A (Development of BOTH Options 1 and 2 through Task 2 and selection of Option 1 before Bidding) Task Deliverable Fee Amount Fee Basis Task 2 for Option 1 Submittal of Design Development Drawings and Design Criteria Package $123,975.00 Lump Sum Task 2 for Option 2 Submittal of Design Development Drawings and Design Criteria Package $ 60,750.00 Lump Sum Task 3 Bidding & Award $ 41,325.00 Lump Sum Task 4A Review of Design Builder's Phase II/III — 50% CDs $ 20,000.00 Lump Sum Task 48 Review of Design Builder's Phase II/III — 100% CDs $ 20,000.00 Lump Sum Task 5 Construction Administration $ 82,650.00 Lump Sum Subtotal — Professional Fees Option 3A Tasks 2 through Task 5 $348,700.00 Lump Sum Allowance for Option 3A Reimbursables $22,000.00 Not to Exceed Total Option 3A Tasks 2 through Task 5 including Reimbursables $370,700.00 Plus Task 1 (See breakdown above) $ 85,750.00 Total Option 3A Tasks 1 through Task 5 $456,450.00 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: EE87B73E-67AE-4A28-8118-635C8AE29E95 Summary of Compensation for Option 3B (Development of BOTH Options 1 and 2 through Task 2 and selection of Option 2 before Bidding) Task Deliverable Fee Amount Fee Basis Task 2 for Option 1 Submittal of Design Development Drawings and Design Criteria Package $123,975.00 Lump Sum Task 2 for Option 2 Submittal of Design Development Drawings and Design Criteria Package $ 60,750.00 Lump Sum Task 3 Bidding & Award $ 20,250.00 Lump Sum Task 4A Review of Design Builder's Phase I I/III — 50% CDs $ 10,000.00 Lump Sum Task 4B Review of Design Builder's Phase II/III — 100% CDs $ 10,000.00 Lump Sum Task 5 Construction Administration $ 40,500.00 Lump Sum Subtotal — Professional Fees Option 3B Tasks 2 through Task 5 $265,475.00 Lump Sum Allowance for Option 3B Reimbursables $22,000.00 Not to Exceed Total Option 3B Tasks 2 through Task 5 including Reimbursables $287,475.00 Plus Task 1 (See breakdown above) $ 85,750.00 Total Option 3B Tasks 1 through Task 5 $373,225.00 "NO BUILD" OPTION FOR ALL OPTIONS The City may elect not to proceed with Bidding and Award and/or Construction of the project. If this is the case, Tasks 3, 4A, 4B, and 5 for each Option would not be performed as applicable on the fee tables above. VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: 1. Only 2 Options included as noted in Scope description above in lieu of 4 variations noted on "boilerplate" Scope. 2. Threshold Inspections not included in Construction Administration. If these are requested they shall be: Option 1 $28,350.00 ($90/hr X 315 hours) Option 2 $14,220.00 ($90/hr X 158 hours) 3. Geotechnical work not included. 4. Survey work not included. 5. Printing work not included. 6. 1 (one) exterior rendering for each scheme included. VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the City: 1. Geotechnical Report 2. Survey (PDF and CAD) 3. As -Built drawings of existing station DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 DocuSign Envelope ID: EE87673E-67AE-4A28-8118-635C8AE29E95 4. CAD files of Feasibility Study VIII. PROJECT MANAGER Consultant's Project Manager for this Work Order assignment will be Alejandro Silva, AIA Submitted by: Alejandro Silva, AIA AS/ab DocuSign Envelope ID: 411BCADD-FC1A-4E20-9A22-84EB158656F8 Page 1 of 2 Florida Department of State ..A1VB.10i1 Cif urt c/Jirerr! :Ate rrf,Floritt iurb.ste Department of Stale / Division of Corporate ng / Search Records / Sear •h by Entity Name / DIVISION OF CORPORATIONS Detail by Entity Name Florida Limited Liability Company SILVA ARCHITECTS, LLC Filing Information Document Number L06000000871 FEI/EIN Number 20-4038377 Date Filed 01/03/2006 State FL Status ACTIVE Principal Address 135 SAN LORENZO AVE. SUITE 880 CORAL GABELS, FL 33146 Changed: 02/16/2010 Mailing Address 135 SAN LORENZO AVE. SUITE 880 CORAL GABELS, FL 33146 Changed: 02/16/2010 Registered Agent Name & Address ARAZOZA & FERNANDEZ-FRAGA, P.A. 2100 SALZEDO STREET SUITE 300 CORAL GABLES, FL 33134 Authorized Person(s) Detail Name & Address Title MGR SILVA, ALEJANDRO 135 SAN LORENZO AVE CORAL GABLES, FL 33146 Title Manager Silva, Andrew https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Ent... 11/22/2021 DocuSign Envelope ID: 411 BCADD-FC1A-4E20-9A22-84EB158656F8 Letau oy r,nut.y name Page 2 of 2 135 SAN LORENZO AVE. SUITE 880 CORAL GABELS, FL 33146 Annual Reports Report Year Filed Date 2020 01/16/2020 2021 01/15/2021 2021 05/06/2021 Document Images 05/06/2021 — AMENDE ANNUAL REPORT 01/15/2021 --ANNUAt. REPORT 01L16/2020-ANNUA 1EEQR]: 02/08/2019 — ANNUAL REPORT 01/24/2018 -- ANNUAL REPORT 02/09/2017 -- ANNUAL REPORT 04/20/2016 -- ANNUAL REPORT 01/22/2015 -- ANNUAL REPORT 02/13/2014 -- ANNUAL REPORT 02/27/2013 —ANNUAL REPORT 01/09/2012 — ANNUAL REPORT 02/17/2011 -- ANNUAL REPORT 05/03/2010 — ANNUAL REPORT 04/15/2010 — FEI# 02/16/2010 —ANNUAL REPORT 01/15/2009 — ANNUAL REPORT 01/08/2008 — ANNUAL REPORT 01/15/2007 -- ANNUAL REPORT 01 /03/2006 -- Florida Limited Liability 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 PL)F format View image in PDF forrnat View image in PDF format View irnage in PDF format View image in PDF format View image in PDF forrnat View image in PDF format View linage in PDF format View image in PDF format View image in PDF format View image in PDF format L. View irnage in PDF format Elonda Department of State, DivISlon of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Ent... 11/22/2021 Olivera, Rosemary From: Caseres, Luis Sent: Monday, March 28, 2022 8:52 AM To: McGinnis, Lai -Wan; Badia, Hector; Darrington, Mario; Cabrera, Paola; Rolle, Anthony Cc: Cambridge, Susan; Barr, Thomas; Ponassi Boutureira, Fernando; Velez, Pablo; Hannon, Todd; Olivera, Rosemary Subject: Document Distribution - RFQ 19-20-027 - Design Criteria Package for Fire Station No. 10, B-193207- D4 Attachments: RFQ 19-20-027 Fire Station 10 - Executed 03-25-2022.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 21-983 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Project Specific First Party: City of Miami Second Party: Silva Architects, LLC Program/Purpose: Design Criteria Package for Fire Station No. 10, B-193207- D4 Effective Date: 03/25/2022 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