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HomeMy WebLinkAbout26232AGREEMENT INFORMATION AGREEMENT NUMBER 26232 NAME/TYPE OF AGREEMENT GFT INFRASTRUCTURE, INC., F/K/A GANNET FLEMING, INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/CEI SERVICES FOR SEAWALL, BAYWALK & LANDSCAPE IMPROVEMENTS AT JOSE MARTI PARK - D3 - PROJECT NO. B-193083/FILE ID: 18970/R-26-0146/MATTER ID: 26-1349 EFFECTIVE DATE August 7, 2026 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/7/2026 DATE RECEIVED FROM ISSUING DEPT. 8/7/2026 NOTE DOCUSIGN AGREEMENT BY EMAIL Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Luis Caseres/Anthony Hansen EXT. 1923 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: GFT Infrastructure, Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 1,335,400.08 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ■❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ ■ YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (BRIEF SUMMARY): RFP 24-25-012 - Construction Engineering & Inspection ("CEI")Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3 - Project No. B-193083 COMMISSION APPROVAL DATE: 04/09/2026 FILE ID: 18970 ENACTMENT NO.: R-26-0146 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR/CHIEF PROCUREMENT OFFICER Reviewed and OK to proceed. Fernando Ponassi June 30, 2026 17:10:07 Annie Perez, CPPO EDT SIGNATURE: DocuSigned t _A-:t. RISK MANAGEMENT July 1, 2026 1 06:31:18 David Ruiz EDT R �F �D954sgned b ocu i Men? 195•F2 BUDGET OFFICE Funding is available in 40-B193500 for this PO. ok to approve LEM 7/31/26 July 31, 2026 113:25:17 Marie Gouin EDT SIGNATURE:4V 5349 ,—DocuSigned '.`A, 9�t t (',t N CITY ATTORNEY /s/ NRA Matter ID No. 26-1349 July 31, 2026 113 George K. Wysong III 45:32 EDT SIGNATURE: Signed by: a{,bK•t, `— ASSISTANT CITY MANAGER/CHIEF FINANCIAL OFFICER July 31, 2026 114:10:45 Erica Paschal Darling, CPA EDT SIGNATURE: &37Ta E8EEstr ,—DocuSigned t et.,, Pa< �5E85r75-0-A53t ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS N/A Barbara Hernandez, MPA N/A SIGNATURE: ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE August 3, 2026 I Asael "Ace" Marrero, AIA 6:59:42 EDT SIGNATURE: ,—DocuSigned by l ', -_ —cnF4An9ARos DEPUTY CITY MANAGER N/A Natasha Colebrook -Williams N/A - Natasha SIGNATURE: out on va CITY MANAGER August 6, 2026 I ' James Reyes 0:36:58 EDT ,—Signed SIGNATURE: � V ' \—Ae8e256F2C CITY CLERK August 7, 2026 1 Todd Hannon 11:29:06 EDT SIGNATURE: DocuSigned by i-j3 E46D7560DCF1 480... 44E.. 48B... y: 54BC... 45A ation 78.. 59... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 26061 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 AGREEMENT OVERVIEW AGREEMENT TITLE: RFP No. 24-25-012 Construction Engineering & Inspection ("CEI") Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3 - Project No. B-193083 - GFT Infrastructure, Inc. 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ ❑x City Commission — RESOLUTION No. 26-0146 2. PROCUREMENT METHOD: ❑x RFP/RFQ ❑ IFB ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ COOPERATIVE ❑ PROFESSIONAL SERVICES UNDER $25,000 3. TYPE OF AGREEMENT: ❑x PROFESSIONAL SERVICES AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ SOFTWARE AS A SERVICE AGREEMENT ❑ LEASE AGREEMENT ❑ OPERATOR AGREEMENT ❑ CONCESSION AGREEMENT ❑ OTHER (Please explain): 4. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC AND INCLUDE THE PAGE NUMBER(S) THAT SPECIFIES WHAT IS BEING AMENDED ON THE CONTRACT. N/A 5. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? 6. WHAT IS THE SCOPE OF SERVICES? The Consultant shall provide CEI and Construction Contract Administration services for new development projects at Jose Marti Park, located at 362 SW 4th Street, Miami, FL 33130. The Consultant will provide engineering and other technical personnel to the City to provide CEI Services for the administration of the aforementioned project(s) as directed by OCI. Perform CEI in accordance with all applicable laws and building regulations, including, but not limited to, the City of Miami Public Works Specifications and Design Standards, Miami -Dade County standards, and Division II and III of the FDOT Standard Specifications for Road and Bridge Construction dated 2018 (including all supplemental specifications current at the time of bidding), and all other requirements set forth in the proposed Agreement. Coordinate the activities of all parties involved in completing the project. Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 7. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements 8. IS THE AWARDEE INCUMBENT? N/A 9. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 10. WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 11.WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 12.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Florida Statutes Sec. 287.055, Consultants' Competitive Negotiation Act (CCNA) Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Construction Engineering & Inspection (CEI) Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3 - Project No. B-193083 Contract Type Project Specific Consultant GFT Infrastructure, Inc. f/k/a Gannett Fleming, Inc. TABLE OF CONTENTS ARTICLE 2 GENERAL CONDITIONS 6 2.01 TERM 6 2.02 SCOPE OF SERVICES 6 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS 6 2.04 COMPENSATION 6 ARTICLE 3 PERFORMANCE 7 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7 3.03 CONSULTANT KEY STAFF 7 3.04 TIME FOR PERFORMANCE 7 3.05 STANDARD OF CARE 7 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 8 ARTICLE 5 DEFAULT 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 NON -DISCLOSURE 11 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 11 7.06 E-VERIFY 12 ARTICLE 8 INDEMNIFICATION 14 ARTICLE 9 INSURANCE 15 9.01 COMPANIES PROVIDING COVERAGE 15 9.02 VERIFICATION OF INSURANCE COVERAGE 15 9.03 FORMS OF COVERAGE 15 9.04 MODIFICATIONS TO COVERAGE 16 ARTICLE 10 MISCELLANEOUS 16 10.01 AUDIT RIGHTS; INSPECTION 16 10.02 ENTIRE AGREEMENT 16 10.03 SUCCESSORS AND ASSIGNS 16 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 17 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 17 10.06 NOTICES 17 10.07 INTERPRETATION 18 10.08 JOINT PREPARATION 18 10.09 PRIORITY OF PROVISIONS 18 10.10 MEDIATION - WAIVER OF JURY TRIAL 18 10.11 TIME 19 10.12 COMPLIANCE WITH LAWS 19 10.13 NO PARTNERSHIP 19 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.14 DISCRETION OF DIRECTOR 19 10.15 RESOLUTION OF CONTRACT DISPUTES 20 10.16 INDEPENDENT CONTRACTOR 20 10.17 CONTINGENCY CLAUSE 20 10.18 THIRD PARTY BENEFICIARY 20 10.19 ADDITIONAL TERMS AND CONDITIONS 20 10.20 SEVERABILITY 21 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 21 10.22 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS 21 ATTACHMENT A - SCOPE OF WORK 36 ARTICLE Al GENERAL 36 A1.01 SCOPE OF SERVICES 36 A1.02 WORK ORDERS 37 A1.03 PAYMENTS 38 ARTICLE A2 OVERVIEW OF CEI SERVICES 38 A2.01 CONSTRUCTION ENGINEERING AND INSPECTION DUTIES 39 A2.02 COORDINATION 39 A2.03 GENERAL REQUIREMENTS 39 A2.04 CONSTRUCTION ENGINEERING AND INSPECTION SERVICES 39 A2.05 PERSONNEL 44 A2.06 STAFFING 45 A2.07 TIME FRAMES FOR COMPLETION 45 ARTICLE A3 ADDITIONAL SERVICES 45 A3.01 GENERAL 45 A3.02 EXAMPLES 45 ARTICLE A4 REIMBURSABLE EXPENSES 45 A4.01 GENERAL 45 A4.02 SUBCONSULTANT REIMBURSEMENTS 46 ARTICLE A5 CITY'S RESPONSIBILITIES 46 A5.01 PROJECT AND SITE INFORMATION 46 ARTICLE A6 CITY'S RESPONSIBILITIES 46 A6.01 GENERAL 46 SCHEDULE Al - SUBCONSULTANTS 49 SCHEDULE A2 - KEY STAFF 49 ATTACHMENT B - COMPENSATION AND PAYMENTS 50 ARTICLE B1 METHOD OF COMPENSATION 50 B1.01 COMPENSATION LIMITS 50 B1.02 CONSULTANT NOT TO EXCEED 50 ARTICLE B2 WAGE RATES 50 B2.01 FEE BASIS 50 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 50 B2.03 MULTIPLIER 50 B2.04 CALCULATION 51 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 51 B2.06 ESCALATION 51 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 51 B3.01 LUMP SUM 51 B3.02 HOURLY RATE FEES 51 B3.03 REIMBURSABLE EXPENSES 52 B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES 52 B3.05 FEES FOR ADDITIONAL SERVICES 52 B3.06 PAYMENT EXCLUSIONS 53 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 53 ARTICLE B4 PAYMENTS TO THE CONSULTANT 53 B4.01 PAYMENTS GENERALLY 53 B4.02 FOR COMPREHENSIVE BASIC SERVICES 53 B4.03 BILLING - HOURLY RATE 53 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 53 B4.05 DEDUCTIONS 53 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 54 B5.01 GENERAL 54 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 54 SCHEDULE B1 - WAGE RATES SUMMARY 55 SCHEDULE B2 - CONSULTANT INVOICE 56 CEI Services for Seawall, Baywalk, and Landscape 2 RFP No. 24-25-012 Improvements at Jose Marti Park - D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI DEPARTMENT OF PROCUREMENT PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Consultant Office Location City Authorization Agreement Number CEI Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park — D3 — Project No. B-193083 Project Specific GFT Infrastructure, Inc. f/k/a Gannett Fleming, Inc. 800 NW 62nd Avenue, Suite 490, Miami, FL 33126 Section 18-87, City of Miami Code 24-25-012 THIS PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this 7th day of August in the year 2026 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and GFT Infrastructure, Inc., f/k/a Gannett Fleming, Inc., hereinafter called the "Consultant." RECITAL A. The City issued Request for Proposals ("RFP") No. 24-25-012 on February 28, 2025, for the provision of Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park ("Services") and the Consultant's proposal ("Proposal"), in response thereto, was selected as the most qualified for the provision of said Services. The RFP 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: CEI Services for Seawall, Baywalk, and Landscape 3 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks to the Director as defined in Section 1.12. 1.08 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management 1.09 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.12 Department means or refers to the City of Miami's Office of Capital Improvements ("OCI"). 1.13 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of OCI or their authorized designee. 1.14 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.15 Errors and Omissions mean design deficiencies in the plans, specifications or other documents prepared by the Consultant, which fail to meet the Standard of Care. 1.16 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.17 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff CEI Services for Seawall, Baywalk, and Landscape 4 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. 1.18 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. 1.19 Omissions mean items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.20 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFP, and in Attachment A of this Agreement. 1.21 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.22 Program means the City's multi -year Capital Improvements Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.23 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.24 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.25 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Proposals ("RFP") and the Consultant's response thereto, the RFP shall control. In the event of any conflict between the Consultant's response to the RFP and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.26 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.27 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.28 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.29 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise ("CBE"), means a firm that has been certified by Miami Dade County, who will professional services to the Consultant as required pursuant to City Code Section 18 87. CEI Services for Seawall, Baywalk, and Landscape 5 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.30 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.31 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.32 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.33 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.34 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, hereto, which is incorporated into and made a part of this Agreement. 2.03 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 Community Business Enterprise ("CBE"), in good standing. 2) Place a specific emphasis on utilizing local small bucinc ccs from within the City'c municipal boundaries. For information on the SBE requirements, visit the Miami Dadc County, Intcrnal Scrvicct) Department website at http://www.miamidade.gov/smallbusiness/certification programs.asp. Failure to adhere to these requirements will cause the firm to be disqualified as nonresponsive or at a subsequent time cause the Agreement to be canceled. 2.04 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 One Million Three Hundred Thirty -Five Thousand Four Hundred Dollars and Eight Cents ($1,335,400.08), inclusive of Reimbursable Expenses, a Dedicated Allowance for Pre -Cast Inspections, and a ten percent (10%) Owner's Contingency Allowance, as detailed in Exhibit A, Consultant Work Order Proposal, attached hereto, unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditures, costs, fees, or charges beyond the CEI Services for Seawall, Baywalk, and Landscape 6 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 VI I, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule B2 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said another person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the City, in part, based on qualifications of particular staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the City, as long as said Key Staff are in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide the Director, or their designee with information required to determine the suitability of the proposed new Key Staff. The Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for t. individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such an extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3.05 STANDARD OF CARE Consultant shall use the same degree of care, skill, and diligence exercised in the performance of the services as is ordinarily possessed and exercised by members of the same profession, CEI Services for Seawall, Baywalk, and Landscape 7 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 currently practicing, under similar circumstances ("Standard of Care") and is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with the Standard of Care, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its Services not meeting the Standard of Care without additional compensation. Consultant shall also be liable for claims for delay costs, and any additional costs in construction, including, but not limited to additional work, demolition of existing work, rework, etc., to the extent caused by errors, omissions, and/or deficiencies in its Services that fail to meet the Standard of Care for professional services. The Consultant's scope of services may include access to the general contractor's work to determine if it is proceeding in accordance with applicable standards. However, neither the Consultant nor its sub -consultants shall have control over or be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work; these are solely the general contractor's obligations under the contracts for construction. The Consultant shall not be responsible for any contractor's schedules or failure to carry out the work in accordance with the contract documents. Except as otherwise provided in this Agreement and for the purposes of providing oversight, the Consultant shall not have control over or charge of acts and omissions of the contractor's, construction subcontractors, or their agents or employees, or any other persons performing the work. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, Schedule Al. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. CEI Services for Seawall, Baywalk, and Landscape 8 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any material term or condition of this Agreement or any other Agreement it has with the City, or fails to perform any of its obligations hereunder, then the Consultant shall be in Default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to the Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accrued prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement, or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT, FORCE MAJEURE The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City (including specifically the City Manager or the Director acting administratively), has the right to terminate this Agreement for any reason or no reason, upon ten (10) business day's written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other data and/or documents, including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's designee. The Consultant shall be paid in accordance with the provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall cause the CEI Services for Seawall, Baywalk, and Landscape 9 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 withholding of any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the City, its officials, or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies, will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse to these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees CEI Services for Seawall, Baywalk, and Landscape 10 Improvements at Jose Marti Park — D3 RFP No. 24-25-012 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of six (6) 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 six (6) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. CEI Services for Seawall, Baywalk, and Landscape 11 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 7.06 E-VERIFY By entering into this Agreement, Contractor and its subcontractors are jointly and severally obligated to comply with the provisions of § 448.095, F.S., as amended, titled "Employment Eligibility." Additional general and registration information is available at https://www.e-verify.gov/. Contractor affirms that: (a) It has registered and uses the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees; (b) It has required all subcontractors under this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of such subcontractors; (c) It has obtained an affidavit from all subcontractors attesting that the subcontractor does not employ, contract with, or subcontract with unauthorized aliens; and (d) It shall maintain copies of all such affidavits for the duration of the Agreement. If the City has a good faith belief that Contractor has knowingly violated § 448.09, F.S., the City shall terminate this Agreement in accordance with § 448.095, F.S. Upon such termination, Contractor acknowledges it may not be awarded a public contract for at least one (1) year from the date of termination and shall be liable for any additional costs incurred by the City. If the City has a good faith belief that a subcontractor has knowingly violated §§ 448.09 or .095, F.S., but Contractor has otherwise complied, Contractor shall terminate its contract with that subcontractor upon receipt of written notice from the City. Any challenge to termination under this Section must be filed in Circuit or County Court no later than twenty (20) calendar days after the termination date. 7.07 VENDOR LISTS The following lists are maintained by the Florida Department of Management Services and are available at https://www.dms.myflorida.com/. By entering into this Agreement, Contractor affirms it is not included in any of the following lists. Convicted Vendor List. Pursuant to § 287.133, F.S., "[a] person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." Discriminatory Vendor List. Pursuant to § 287.134, F.S., "[a]n entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Antitrust Violator Vendor List. Pursuant to § 287.137, F.S., "[a] person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity." Forced Labor Vendor List. Pursuant to § 287.1346, F.S., "[a]n agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with a company on the forced labor vendor list, or an entity under the control of such CEI Services for Seawall, Baywalk, and Landscape 12 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 company, for a period of 365 days after the date the company was placed on the list unless the company is removed from the list pursuant to paragraph (5)(d)." Suspended Vendor List. Pursuant to § 287.1351, F.S., "{a]n agency may not accept a bid, proposal, or reply from, or enter into or renew any contract with, a vendor on the suspended vendor list until such vendor has been removed from the suspended vendor list and returned to the vendor list maintained by the department pursuant to s. 287.042(1)(a) and (b) and the vendor has reimbursed the agency for any re -procurement costs." 7.08 SCRUTINIZED COMPANIES LISTS The following lists are maintained by the Florida State Board of Administration and are available at https://www.sbafla.com/. Scrutinized Companies that Boycott Israel List. Pursuant to § 287.135, F.S., by entering into this Agreement, the Contractor certifies that it is not participating in a boycott of Israel. Scrutinized Companies with Activities in Sudan and in Iran Terrorism Sectors Lists; Business Operation in Cuba and Syria. Pursuant to § 287.135, F.S., if this Agreement is valued at one million dollars ($1,000,000) or more, by entering into this Agreement, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List and that it does not have business operations in Cuba or Syria. 7.09 FOREIGN COUNTRY OF CONCERN ATTESTATION Pursuant to § 287.138, F.S., a governmental entity may not enter into, extend, or renew a contract with an entity that would give access to an individual's personal identifying information if: (a) The entity is owned by the government of a foreign country of concern; (b) The government of a foreign country of concern has a controlling interest in the entity; or (c) The entity is organized under the laws of, or has its principal place of business in, a foreign country of concern. If this Agreement involves access to an individual's personal identifying information, Contractor shall execute and submit to the City an affidavit in compliance with § 287.138, F.S., attached and incorporated herein as "Foreign Country of Concern Attestation." Failure to comply entitles the City to suspend or terminate this Agreement immediately and without prior notice, and the City shall have no liability to Contractor for any additional, consequential, or incidental damages arising therefrom. 7.10 ANTI -HUMAN TRAFFICKING AFFIDAVIT Pursuant to § 787.06, F.S., when a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not use coercion for labor or services as defined in that section. Contractor shall execute and submit to the City an affidavit in compliance with § 787.06, F.S., attached and incorporated herein as "Anti -Human Trafficking Affidavit." Failure to comply entitles the City to suspend or terminate this Agreement immediately and without prior notice, and the City shall have no liability to Contractor for any additional, consequential, or incidental damages arising therefrom. 7.11 NO CONFLICTS OF INTEREST Pursuant to City Code Section 2-611, Contractor certifies that no individual member of Contractor, no employee, and no subcontractor under this Agreement, nor any immediate family member of any of the foregoing, is a City employee or a member of any City board, commission, or agency. Contractor represents and warrants that throughout the term of this Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition. Contractor further agrees, during CEI Services for Seawall, Baywalk, and Landscape 13 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 the term of this Agreement, not to serve as a paid expert witness, affiant, or otherwise furnish evidence adverse to the City in any third -party claim against the City. 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. Any limitation of liability, limitation of remedies, disclaimer of damages, cap on damages, waiver of subrogation, shortened limitations period, or similar provision that purports to limit Contractor's liability to the City, or limit the City's rights or remedies, is rejected, deleted in its entirety, and is of no force or effect as applied to the City unless expressly and specifically adopted by the City in writing. CEI Services for Seawall, Baywalk, and Landscape 14 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all insurance required hereunder, and the City's Risk Management Administrator, also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. Should the Consultant not maintain the insurance coverage required in this Agreement, the City may cancel this Agreement or, at its sole discretion, shall purchase such coverage and charge the Consultant for such coverage purchased. The City shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the City to purchase such insurance coverage shall in no way be construed as a waiver of its rights under this Agreement. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the Procurement Department and Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and classification required by these provisions, and shall be enclosed herein as Exhibit C Insurance. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the Procurement Department and Risk Administrator within ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03.1 Commercial General Liability and Automobile Liability: The Consultant shall maintain commercial general liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalent. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.2 Business Automobile: The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03.3 Professional Liability Insurance: The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the Consultant shall be legally obligated to pay as damages for claims arising out of the services performed by the Consultant or any person employed by the Consultant in connection with this Agreement. This insurance shall be maintained for at least one CEI Services for Seawall, Baywalk, and Landscape 15 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 9.03.4 Worker's Compensation Insurance: The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 for bodily injury caused by disease, each employee, policy limit. 9.03.5 Umbrella Liability: The Consultant shall maintain Umbrella Liability with minimum limits of $2,000,000.00 per occurrence and policy aggregate. Excess Follow form over all liability policies contained herein. 9.03.6 Subconsultant Compliance: The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 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 six (6) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SOVEREIGN IMMUNITY Nothing in this Agreement is construed as a waiver of the limitations on the City's liability under § 768.28, F.S., or other applicable law. The City does not waive sovereign immunity. No claim, judgment, or award against the City includes attorneys' fees, investigative costs, pre -suit costs, adjusting costs, or pre -judgment interest, except to the extent expressly authorized by statute and awarded by a court of competent jurisdiction. 10.04 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. CEI Services for Seawall, Baywalk, and Landscape 16 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 10.05 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. 10.06 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification, herein where the Consultant shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.07 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: James Reyes City Manager Office of the City Manager, City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: JReyes@miami.gov Phone: 305-416-1025 Annie Perez, CPPO Director of Procurement/Chief Procurement Officer Department of Procurement, City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerez©miami.gov Phone: 305-416-1910 CEI Services for Seawall, Baywalk, and Landscape 17 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 George K. Wysong III City Attorney Office of the City Attorney, City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: GWysonq@miami.gov Phone: 305-416-1800 With Copies to: Jose Perez, AIA Director Office of Capital Improvements, City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: JRPerez@miami.gov Phone: 305-416-1225 GFT Infrastructure, Inc. Martin Benzaquen, PE, ENV SP Vice President 800 NW 62nd Avenue, Suite 490 Miami, FL 33126 Email: mbenzaquen@gfnet.com Phone: 954-547-0017 10.08 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. 10.09 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. 10.10 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.11 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the Consultant's Services under this contract, and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation CEI Services for Seawall, Baywalk, and Landscape 18 Improvements at Jose Marti Park — D3 RFP No. 24-25-012 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 10.12 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. 10.13 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. 10.13.1 Non -Discrimination: The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation. The Consultant further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.13.2 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. 10.13.3 ADA Compliance: The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding non-discrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the Consultant shall take affirmative steps to insure non-discrimination in employment of disabled persons. 10.14 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. 10.15 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. CEI Services for Seawall, Baywalk, and Landscape 19 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.16 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of OCI shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of OCI fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the Director of Procurement shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for their resolution is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by the City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.17 INDEPENDENT CONTRACTOR The Consultant has been procured and is engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant, and the Consultant has no ability to bind the City in this regard. 10.18 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities, and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.19 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. 10.20 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 CEI Services for Seawall, Baywalk, and Landscape 20 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 10.21 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.22 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as the original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 10.23 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS This subsection applies to all projects included in this solicitation. a. Equitable Adjustment (41 U.S.C. 1908) The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the contract would results in a substantial loss. The Contractor might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. b. Non -Appropriation of Funds In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty, or representation is made that any project(s) will be awarded to any firm(s). c. Subcontractors of Work Shall be Identified As part of the contract, the Contractor is required to identify any and all Subconsultants/Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subconsultant/Subcontractor. The Contractor shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subconsultant/Subcontractor(s) not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant/Subcontractor(s) and the City. CEI Services for Seawall, Baywalk, and Landscape 21 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 The Contractor shall be fully responsible to the City for the acts and omissions of the Subconsultant/Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Contractor. d. Davis -Bacon Act 1. All transactions regarding this contract shall be done in compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146- 3148 and the requirements of 29 C.F.R. pt. 5 as applicable. 2. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. 3. Additionally, contractors are required to pay wages not less than once a week. 4. Weekly certified payrolls must be submitted weekly to the Prime and all subcontractors working on the job. 5. Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. The Contractor shall use the Federal Wages reflected in the applicable Wage Determination, "Building" category, in developing its bid for this contract; Wage Determinations can be found at the link SAM.gov I Search. The Contractor shall be required to provide certified payroll records documenting the work performed on this project. e. Compliance with the Copeland "Anti -Kickback" Act 1. The Contractor shall comply with 18 U.S.C. 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract's clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. f. Compliance with the Contract Work Hours and Safety Standards Act 1. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (b) (1) of this section, the Contractor, and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (b) (1) of this section. CEI Services for Seawall, Baywalk, and Landscape 22 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) (2) of this section. 4. Subcontracts: The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (b) (1) through (4) of this section. g. Parts at Pass Through Cost (for Repairs Outside the Scope of Work} All cost for parts required for repair jobs and not otherwise included in thc scope of work shall bc for payment. requirements of each job specification. Replacement parts furnished must be of thc same manufacturer or an equal product. All equipment and materials shall be of commercial quality and equipment/materials shall not bc specified or installed in the facilities. h. Notification to Perform Work The Contractor shall notify the Project Manager when an employee is on the property and for what purpose. i. Background Checks The Contractor shall be required to comply with the background screening specifications as listed in the Jessicasford Act, Florida Statue § 1012 32. The law requires that before contract personnel are permitted access on grounds when children arc present, or if thcy will have dircct contact with children, or have acce-c to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement employees completing thc work on park grounds. j. Equal Employment Opportunity During the performance of any resulting contract from an RFQ, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such actions shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for CEI Services for Seawall, Baywalk, and Landscape 23 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will CEI Services for Seawall, Baywalk, and Landscape 24 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. k. Clean Air Act 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. Federal Water Pollution Control Act 1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2. The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. m No Obligation by the Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, the Contractor, or any other party pertaining to any matter resulting from the contract. n. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. o. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Contractors who apply for or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, CEI Services for Seawall, Baywalk, and Landscape 25 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the recipient who in turn will forward the certification(s) to the awarding agency. Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Contractor to return this form signed along with their Bid. P. q• Procurement of Recovered Materials (a) A recipient or subrecipient that is a State agency or agency of a political subdivision of a State, and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single -use plastic products. See Executive Order 14057, section 101, Policy. Non-use of DHS, Seal, Logo, and Flags The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. r. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. s. Access to Records 1. The Contractor agrees to provide the State of Florida, City of Miami, the Federal agency providing funding, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3. The Contractor agrees to provide the Federal agency providing funding or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 4. In compliance with the Disaster Recovery Act of 2018, the City of Miami and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the Federal agency providing funding or the Comptroller General of the United States. t. Debarment and Suspension 1. This contract is a covered transaction for the purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. §180.995), or its affiliates (defined at 2 C.F.R. § 180.905) CEI Services for Seawall, Baywalk, and Landscape 26 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower - tier -covered transaction it enters into. 3. This certification is a material representation of fact relied upon by the State of Florida, and City of Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower -tier -covered transactions. 5. Additional requirements found at 24 § 570.609 pertaining to the use of debarred, suspended, or ineligible contractors or Subrecipients, in accordance with the requirements set forth in 24 CFR Part 5, apply to this program. u. United States Housing and Urban Development; CDBG-MIT 1. This contract is funded by US HUD dollars and Community Development Block Grant (CDBG) dollars, and/or CDBG Mitigation (CDBG-MIT) dollars, and therefore, is subject to federal procurement regulations 2 CFR 200.318 to 200.327. 2. Unless a fixed -price contract is used, profit must be negotiated as a separate element of the price for each contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. v. Section 3 of the Housing and Urban Development Act of 1968 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that the employment and other economic opportunities generated by the United States Department of Housing and Urban Development's ("HUD") assistance of HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations codified in 24 C.F.R. part 75, which implements Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the regulations contained in 24 C.F.R. part 75. 3. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the Contractor's commitments under this section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. CEI Services for Seawall, Baywalk, and Landscape 27 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. part 75, and further agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part 75. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. part 75. 5. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed; and (2) with persons other than those to whom the regulations of 24 C.F.R. Part 75 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 C.F.R. Part 75. 6. Non-compliance with HUD's regulations as set forth in 24 C.F.R. Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. Employment and Training. To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by 24 C.F.R. Part 75, subpart C shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the Miami Dade County. Where feasible, priority for opportunities and training described in this subsection (i)should be given to: (a) Section 3 workers residing within the service area or the neighborhood of the project; and (b) Participants in YouthBuild programs. 9. Contracting. To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by 24 C.F.R. Part 75, subpart C shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within Miami Dade County. Where feasible, priority for contracting opportunities described in this subsection (ii) should be given to: (a) Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project; and (b) YouthBuild programs. w. Rights to Inventions Made Under a Contract or Agreement If the FEMA award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non -Federal entity must comply with the requirements of 37 CFR Part 401, (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements) and any implementing regulations issued by FEMA. CEI Services for Seawall, Baywalk, and Landscape 28 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 x. Procurements by Non -Federal Entities When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State will comply with 2 C.F.R. §§ 200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in 2 C.F.R. 200.318 through 200.327. Y. Contracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus Area Firms (a) When possible, the recipient or subrecipient should ensure that small businesses, minority businesses, women's business enterprises, veteran -owned businesses, and labor surplus area firms (See U.S. Department of Labor's list) are considered as set forth below. (b) Such consideration means: (1) These business types are included on solicitation lists; (2) These business types are solicited whenever they are deemed eligible as potential sources; (3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types; (4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring a contractor under a Federal award to apply this section to subcontracts. z. Prohibition On Certain Telecommunications and Video Surveillance Services or Equipment (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (5) (1) Procure or obtain covered telecommunications equipment or services; (2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services. (b) As described in section 889 of Public Law 115-232, "covered telecommunications equipment or services" means any of the following: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); Telecommunications or video surveillance services provided by such entities or using such equipment; (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director CEI Services for Seawall, Baywalk, and Landscape 29 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 (3) (3) Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country; (c) For the purposes of this section, "covered telecommunications equipment or services" also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained. (e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports. For additional information, see section 889 of Public Law 115-232 and § 200.471. (f) aa. Domestic Preference for Procurements a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. (c) Federal agencies providing Federal financial assistance for infrastructure projects must implement the Buy America preferences set forth in 2 CFR part 184. bb.Affirmative Socioeconomic Steps If subcontracts are to be let, the Prime Contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. cc. License and Delivery of Works Subject to Copyright and Data Rights The Contractor grants to the City of Miami, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the City of Miami or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, CEI Services for Seawall, Baywalk, and Landscape 30 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the City of Miami data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City of Miami. dd.Termination for Convenience In addition to cancellation or termination as otherwise provided for in the Contract, the City may at any time, in its sole discretion, with or without cause, terminate the Contract by written notice to the Contractor. Such Written Notice shall state the date upon which the Contractor shall cease all Work under the Contract and vacate the Project site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: ■ Stop all Work on the Project on the date specified in the notice (the "Effective Date"). ■ Take such action as may be necessary for the protection and preservation of the City's materials and property. ■ Cancel all cancelable orders for materials and equipment. ■ Assign to the City and deliver to the site, or any other location specified by the Project Manager, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work. ■ Take no action that shall increase the amounts payable by the City under the Contract Documents; and ■ Take reasonable measures to mitigate the City's liability under the Contract Documents. ■ All charts, sketches, studies, drawings, reports, and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to deliver the documentation timely shall be cause to withhold any payments due without recourse by the Contractor until all documentation is delivered to the City. In the event that the City exercises its right to terminate the Contract pursuant to the Contract Documents, the City will pay the Contractor: ■ For the actual cost or the fair and reasonable value, whichever is less, of (1) the portion of the Project completed in accordance with the Contract through the completion date, and (2) non -cancelable material(s) and equipment that is not of any use to the City except in the performance of the Contract and has been specifically fabricated for the sole purpose of the Contract but not incorporated in the Work. To the extent practical, the fair and reasonable value shall be based on the price established because of the Contract. In no event, shall any payments under this Paragraph exceed the maximum cost set forth in the Contract. ■ The amount due hereunder may be offset by all payments made to the Contractor. ■ All payments pursuant to this Article shall be accepted by the Contractor in full satisfaction of all claims against the City arising out of the termination. Further, the City may deduct or set off against any sums due and payable under this Article any claims it may have against the Contractor. ■ The Contractor shall not be entitled to lost profits, overhead, or consequential damages as a result of a Termination for Convenience. ■ All payments made under the Contract are subject to audit. CEI Services for Seawall, Baywalk, and Landscape 31 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Upon the City's payment in full of the amounts due to the Contractor under this Article the Contractor grants the City full use of the Work and any Work Product to complete the Project and subsequently occupy the Project. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CEI Services for Seawall, Baywalk, and Landscape 32 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 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: Jill Reynolds, Project Coordinator Print Name, Title ATTEST: Consult Assistant Secretary (Affirm Consultant Seal, if available) ATTEST: DocuSigned by: r E4ZDZ5&QBGF445 Todd B. Hannon, City Clerk Signed b GFT Infrastructure, Inc., a Foreign Profit Corporation Signature Martin J. Benzaquen, Vice President * �• CITY OF MIAMI, a municipal corporation of the State of Florida Signed by: n — James Reyes, City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND REQUIREMENTS: DocuSigned by: turn 6141t-u<c-4,6 CORRECTNESS: ,—Signed by: rc ov�c RiStitit.#) (II 5-5349a495F 1$0---SS-7-7-GE9FE882486... David Ruiz, Interim Director George K. Wysong III, City Attorney Risk Management Department Matter ID 26-1349 ,initial CEI Services for Seawall, Baywalk, and Landscape 33 RFP No. 24-25-012 Improvements at Jose Marti Park— D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that, via unanimous written consent in lieu of a meeting of the the Board of Directors of GFT Infrastructure, Inc., a corporation organized and existing under the laws of the State of Delaware, effective as of the 15th day of June 2026, a resolution was duly passed and adopted electing Martin Benzaquen as Vice President; and effective as of the 20th day of December 2022, a resolution was duly passed and adopted authorizing a Vice President to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary or assistant secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolutions remain in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of June 2026. Assistant Secretary: Print: Lea Ann Schmolze CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of , held on the _day of , , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner: Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Names and addresses of partners: Name Street Address City State Zip CEI Services for Seawall, Baywalk, and Landscape 34 Improvements at Jose Marti Park — D3 RFP No. 24-25-012 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 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 St. Johns The foregoing instrument was acknowledged before me this 25th day of June 20 26 , by Martin Benzaquen , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF N' TARY PUBLIC STATE OF FLORIDA Jill Reynolds PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC JILL REYNOLDS MY COMMISSION # HH 650494 EXPIRES: May 3, 2029 CEI Services for Seawall, Baywalk, and Landscape 35 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The City has procured a qualified and experienced engineering firm to provide construction engineering and inspection ("CEI") services for seawall, baywalk, and landscape improvements at Jose Marti Park ("Project"), under the oversight of the Office of Capital Improvements ("OCI"), and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the City, as well as the Scope of Services contained in this RFP. The Consultant and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A1.01, "Scope of Services." The Consultant has been selected in accordance with Section 287.055 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES The Consultant shall provide CEI and Construction Contract Administration services for new development projects at Jose Marti Park, located at 362 SW 4th Street, Miami, FL 33130. The Consultant will provide engineering and other technical personnel to the City to provide CEI Services for the administration of the aforementioned project(s) as directed by OCI. The following specific Scope of Services will typically be included as part of the work to be performed on a project. The Consultant will be required to provide all necessary vehicles, equipment (including field testing equipment), and personnel to perform the Services required under the proposed Agreement. Proof of licensing will be required for testing equipment and the personnel operating said equipment. Proof of licenses will need to be furnished to the City upon request. Services include, but are not limited to: ■ Perform CEI in accordance with all applicable laws and building regulations, including, but not limited to, the City of Miami Public Works Specifications and Design Standards, Miami -Dade County standards, and Division II and III of the FDOT Standard Specifications for Road and Bridge Construction dated 2018 (including all supplemental specifications current at the time of bidding), and all other requirements set forth in the proposed Agreement. ■ Coordinate the activities of all parties involved in completing the project. Coordination includes, but is not limited to: - Maintaining records of all activities and events relating to the project. - Providing verification of Quality Control tests. - Documenting all significant project changes. - Checking for errors and omission, and interpreting plans, specifications, and contractual requirements. - Assisting in claims and dispute resolution. - Public information services. - Managing pre -construction and construction progress meetings and preparing and disseminating meeting minutes. ■ The Consultant will be responsible for collecting data, monitoring and reporting for compliance of Miami -Dade County contract measure recommendation(s) established by the Department of Business Development Project Worksheet for the participation of specified business entities and/or trades, and for Community Business Enterprise requirements, as administered by the County's Department of Small Business Development (SBD). This includes, but is not limited to, educating the contractor and CEI Services for Seawall, Baywalk, and Landscape 36 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ensuring contractor compliance with the City of Miami and/or Miami -Dade County contract requirements. ■ Sampling, Inspections and Testing. - Levels of testing will be defined in the project specifications and in accordance with the American Society for Testing and Materials, Underwriter Laboratories, and/or other applicable industry standards. ■ Stored material/equipment review. ■ Project photo and video documentation. ■ Record Drawing review. ■ Maintain progressive list of items requiring correction. ■ Notification of accident, damage, or injury. ■ Review and Response of resident complaints. ■ Coordination, review, and Response of RFIs, field directives, and change Response requests. ■ Change order management. ■ Pay application review. ■ Perform review of Contractor invoices to ensure compliance by Contractor with Davis -Bacon and Section 3 requirements. ■ Substantial completion inspection. ■ Final completion and inspection. ■ Project close-out. This comprehensive approach ensures thorough oversight and coordination throughout the project lifecycle, promoting compliance with all regulatory and contractual obligations. The Consultant will play a critical role in maintaining project quality, resolving issues, and ensuring effective communication among all stakeholders, ultimately contributing to the successful completion of the construction projects in accordance with the City of Miami's standards and requirements. Further details concerning the Scope of Services are contained in the solicitation for CEI Services for seawall, baywalk, and landscape improvements at Jose Marti Park, included as part of this Agreement. A more detailed version of scope of work is included in Exhibit A, "Consultant Work Order Proposal." A1.02 WORK ORDERS When OCI has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, department staff will prepare a Work Order that will be reviewed by the Director CEI Services for Seawall, Baywalk, and Landscape 37 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 or designee. Upon approval, department staff will issue a written Notice to Proceed ("NTP") subsequent to approval of the Work Order by the Director or designee. A1.03 PAYMENTS The City will pay the Consultant in accordance with the provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. ARTICLE A2 OVERVIEW OF CEI SERVICES Consultant agrees to provide comprehensive CEI Services as set forth in the Agreement, enumerated hereinafter, in accordance with the Florida Building Code, latest edition, City of Miami Public Works Specifications and Design Standards, Miami -Dade County Standards, Division II and III of the FDOT Standard Specifications for Road and Bridge Construction, dated 2018 (including all current supplemental specifications), all federal, state, county and City laws, codes, and ordinances, and all other requirements set forth in this Agreement. Consultant shall maintain an adequate staff of qualified personnel on the Project(s) at all times to ensure its performance as specified in this Agreement. Consultant agrees to the management of compliance and reporting requirements of federally funded projects. This includes, but is not limited to: • Educating contractor and ensuring contractor compliance with FDOT requirements, Equal Employment Opportunity ("EEO") requirements, Community Small Business Enterprise ("CSBE") requirements, Davis -Bacon requirements, On the Job Training ("OJT") requirements, and American Recovery and Reinvestment Act ("ARRA") reporting requirements (See Exhibit A). • Gathering and managing submission of all required reports to various agencies as required by ARRA, other federal requirements, and FDOT requirements. • Creating reimbursement requests for federal reimbursement, including all required reports and forms per FDOT and federal requirements. • Scheduling and supervising pre -construction meetings, OJT Post and Pre -Construction Training Evaluation Meetings, EEO meetings, and any other ARRA, federal, or FDOT required meetings for all applicable projects. • Performing required Labor/EEO Compliance Interviews and OJT Trainee Interviews as required. • Managing reports, data, and monitoring City compliance with CSBE requirements and Local Workforce Requirements compliance. Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall perform all Work in compliance with Florida Administrative Code Chapter 61G15 and Chapter 471 of the Florida Statutes. Consultant shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of the Work. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all activities included in the Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or deficiencies in its activities, reports, interpretations, and specifications, included in the Services that fall below the Standard of Care. Consultant shall also be liable for claims for delay costs, and any additional costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., to the extent caused by any errors, omissions, and/or deficiencies in its activities, reports, interpretations, and specifications included in the Services that fail to meet the Standard of Care for professional services. CEI Services for Seawall, Baywalk, and Landscape 38 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 A2.01 CONSTRUCTION ENGINEERING AND INSPECTION DUTIES The Consultant shall be fully responsible for carrying out all functions necessary to provide CEI Services on Projects. The Consultant will be the City's representative during the construction phase of Projects and all communications to the Contractor will be given through the Consultant. The Consultant shall immediately advise the Project Manager of any omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action needed to be taken and/or taken. A2.02 COORDINATION The Consultant shall coordinate all activities, correspondence, reports, and other communication related to the Services with the Project Manager. Upon request, this information shall be made available to the Construction Manager. All activities and decisions of the Consultant relating to the Projects shall be subject to review by the Construction Manager. A2.03 GENERAL REQUIREMENTS General requirements and responsibilities of the Consultant are provided in Article Al — General. Requirements and activities to be undertaken by Consultant shall be as detailed in each Work Order Proposal accepted and pursuant to terms and conditions of this Agreement. The City may direct the Contractor to utilize a Contractor Quality Control program as defined in FDOT's Standard Specifications. The Consultant shall provide verification testing and inspection for all assigned Projects unless otherwise directed. A2.04 CONSTRUCTION ENGINEERING AND INSPECTION SERVICES The Consultant shall perform all services necessary to coordinate properly the activities of all parties involved in completing the Project. These include, but are not limited to, providing all necessary vehicles, equipment (including field testing equipment) , and personnel to perform the CEI Services (proof of licenses will be required for testing equipment and only licensed personnel will be operating the testing equipment); maintaining complete and accurate daily records of all activities and events relating to the Project; providing verification of quality control tests or independent quality assurance as requested by the Construction Manager; properly documenting all significant Project changes; checking for errors and omissions; interpreting plans, specifications, and contractual provisions and requirements; assisting in and making recommendations regarding claims and dispute resolutions; providing public information services; managing pre -construction and construction progress meetings; preparing and disseminating meeting minutes; and maintaining an adequate level of surveillance of Contractor activities. All documentation will comply with standard City procedures, formats, and content. The Consultant shall obtain the Construction Manager's approval for all procedures and processes. Services include, but are not limited to, the following: Meetings Schedule and attend, within ten (10) calendar days after the Notice to Proceed, a pre - construction meeting for the Project in accordance with City procedures. The Consultant shall provide appropriate staff to attend and participate in the pre -construction meeting. The Consultant shall record a complete and concise record of the pre -construction meeting and distribute copies of the meeting minutes to all participants and other required parties within five (5) calendar days of the pre -construction meeting. Contractor Monitoring Monitor Contractor's work and assure that the Contractor is conducting inspections, preparing reports, and monitoring all stormwater pollution prevention measures associated with the Project. For each Project that requires the use of the National Pollutant Discharge Elimination System ("NPDES") General Permit, provide at least one staff person who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors." The Consultant's inspector will be familiar with the requirements set forth in the FEDERAL CEI Services for Seawall, Baywalk, and Landscape 39 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Stormwater Discharges from Construction Sites" and guidelines developed by the City. Problem Resolution Analyze problems that arise on a Project and proposals submitted by the Contractor, prepare and submit recommendations to the Construction Manager, and process the necessary paperwork. Payment Review Produce reports, verify quantity calculations, confirm compliance with contract requirements, and field measure for payment purposes as required. Traffic Control Responsible for review of Work Zone traffic control plan, design, implementation, and inspection of maintenance of traffic schemes and devices in work zones to assure they are in accordance with the City's requirements. Public Information Provide public information services as required to support the City and assist in managing inquiries from the public, public officials, and the news media. Prepare fact sheets for internal distribution as requested. The Construction Project Manager shall approve all notices, newsletters, brochures, responses to news media, etc., prior to release. Resident Complaints Receive, log, and coordinate responses to resident questions and/or complaints. Responses to resident questions and/or complaints are required to be provided to the resident within seven (7) calendar days. Prepare and issue response letters as required. Project Journal Maintain both a detailed electronic and hard copy diary with accurate records of the Contractor's operations, quantities, testing data, and significant events that affect the work. Submit daily construction reports to the Construction Manager on a weekly basis and provide electronic copies on a monthly basis. A2.04.1 Verification Sampling and Testing The Consultant may be required to perform sampling and testing in accordance with the requirements defined in the applicable Project specifications and applicable industry standards, such as the American Society for Testing and Materials, Underwriter Laboratories, and Verification Sampling and Testing as defined in the latest versions of the Florida Department of Transportation ("FDOT") Standard Specifications for Road and Bridge Construction and FDOT's Construction Project Administration Manual ("CPAM"). Plant Inspection & Material Sampling The Consultant and/or the Consultant's lab may be required to perform plant inspection and sampling of materials and components at remote locations (from the vicinity of the Project) in accordance with the applicable requirements. Job Control Samples The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items based on either test results or verification of a certification, certified mill analysis, FDOT label, FDOT stamp, etc. Sample Transport The Consultant shall be responsible for transporting samples, cylinders, beams, etc. to an approved laboratory for testing. The laboratory shall not be the same laboratory the contractor is using for their acceptance testing. CEI Services for Seawall, Baywalk, and Landscape 40 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Documentation Documentation reports on sampling and testing shall be submitted to responsible parties during the same week that the construction work is done. The Consultant will supply verification testing information and data to the Construction Manager within forty-eight (48) hours of the test taking place. A2.04.2 Verification Inspection Services The Consultant shall monitor the Contractor's on -site construction activities and inspect materials as required to ensure that the work is completed in reasonable conformity with the plans, specifications, and other Construction Contract provisions. Unless otherwise directed by City, all verification inspections shall be in accordance with the requirements of the latest versions of the FDOT Standard Specifications and FDOT's CPAM. The Consultant shall observe, record, and report the Contractor's work progress to determine that the Work is in general conformance with the requirements of the Contract Documents. This shall include, without limitation, documenting activities observed and making notes of deficiencies and issues requiring resolution; noting construction deficiencies and punch list items; making photograph or video records of construction as deemed necessary, and labeling and logging photos and videotapes. Site Conditions Review Review site conditions during construction to determine that the Contractor is maintaining site -related items in accordance with the Contract Documents. Document any deficiencies and notify the Contractor and the Construction Manager. Soils Testing Coordinate the inspection of backfill compaction and performance of all required testing. Monitor reports of compaction densities for trench backfill, and general site backfill to ascertain that minimum specified densities are achieved. Review all test results submitted to verify compliance with specified requirements and maintain a Project log. Verify that areas of failing compaction are corrected to specified criteria. Concrete Testing Coordinate and perform sampling and testing of concrete and monitor concrete test reports to ascertain specified strengths are achieved. Follow up non -passing tests and evaluate to determine structural implications for the affected construction. Stored Material/Equipment Review Review stored materials and/or equipment for quantity and quality verification for Contractor payment and to verify that equipment and/or materials are adequately protected until installed. Coordinate with Contractor to facilitate review of major items prior to unloading and storage. Regularly review Contractor's storage areas to determine compliance with the Contract Documents. Notify the Contractor of any damaged or improperly stored materials. Adjust payments properly for damaged or improperly stored equipment. A2.04.3 Contract Management Small Business Development Requirements Consultant will be responsible for collecting data, monitoring, and reporting compliance with Miami -Dade County's contract recommendation(s) established by the Department of Small Business Development for the participation of specified business entities and/or trades. Consultant shall also be responsible for monitoring and reporting compliance with the Community Small Business Enterprise requirements, as administered by the Miami - Dade County Department of Small Business Development. This includes, but is not limited to, educating the contractor and ensuring contractor compliance with the City of Miami and/or Miami -Dade county's contract requirements. CEI Services for Seawall, Baywalk, and Landscape 41 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Project Meetings Administer weekly Project meetings with appropriate team members in attendance. Prepare and distribute meeting minutes to attendees. Note changes and/or corrections and ensure all attendees approve minutes at subsequent weekly meetings. Project Photo and Video Documentation Utilize Project video and still photo camera equipment to document construction, video meetings, and record operation and maintenance training sessions. Develop and maintain a log to enable easy retrieval of visual information. Coordinate taping of operator training sessions, major meetings, and major construction events. Record Drawing Review Throughout the course of the Project, review as -recorded drawings to verify the Contract Drawings are noted to reflect actual construction. Review monthly status of as -recorded drawings and verify for monthly pay applications. Refer to Field Order and Change Proposal Request ("CPR") logs to identify areas of construction revision. Notify Contractor in a timely fashion of deficiencies noted. Provide follow-up to verify Contractor brings as - recorded drawing status up to date. Develop a Progressive List of Items Requiring Correction Develop and provide to Contractor an on -going list of items requiring correction to encourage the timely correction of noted construction deficiencies. Monitor construction throughout the Project duration and identify deficient items. Provide Contractor with an updated list at monthly construction meetings. As deficiencies are corrected, revise the list by deleting corrected items. Distribute the list updates to authorized parties. Manufacturer's O&M Training Review Review the quantity and quality of specified manufacture's training and associated O&M manuals. Review Contract Documents with the Contractor to establish which equipment requires training and the number of hours required. Review manufacturer's training outlines and materials for completeness. Observe training sessions to verify both field and classroom training is provided. Collect and log operator equipment training certification forms. Notification of Accident Damage/Injury Document any inspections made of property damage or personal injury accidents on site and provide a written report to the Construction Project Manager. Require lost -time accident reports at construction meetings. Contract Interpretations and Modifications Receive, log, and coordinate reviews and responses to Contractor's Requests for Information/Interpretations (RFI's). Responses to RFI's are required to be provided to the Contractor within seven (7) calendar days. Prepare and issue response letters, field orders/directives, or Change Proposal Requests as required. Administration of Changed Work Track changes from initiation through completion. Estimate cost and time impacts and assist with negotiation of changes in contract time and cost. Prepare change orders to incorporate changes within Contract Documents. Evaluate the Project on a continual basis to determine when changes are required. Initiate necessary changes in the form of Change Proposal Requests. Review costs presented by Contractor on Change Proposal Requests. Assist with negotiation of final pricing as required. Assemble approved Change Proposal Requests periodically into Change Orders. Include justification documents with each Change Order. Maintain current status log of all Change Proposal Requests and Change Orders. Review as -recorded drawings to verify changes CEI Services for Seawall, Baywalk, and Landscape 42 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 in work are reflected as applicable. Review pay requests to verify Change Order items are broken out and that payment is not made until work is complete. Field Orders Provide coordination and review to identify the need for minor changes in the Work consistent with the design intent, and issue Field Orders to communicate the details of the minor changes involving no change in contract time or contract price. Coordinate and Issue Change Proposal Requests (CPR'S) Provide coordination and review to identify needed changes in the Work consistent with the design intent that involve changes in contract price and/or time, and issue CPRs to communicate the details of the changes and request pricing by the Contractor. Collect technical information and evaluate proposed changes. Prepare technical description of the CPR using necessary graphic details and specifications. Prepare Engineer's Opinion of Cost and evaluation of impact on Contract Time. Work Change Directives Issue Work Change Directives ("WCD"), as required, to authorize change or extra Work to proceed on a time and material basis when Change Proposal Request finalization is not expedient or possible. Observe Time and Material ("T&M") work and reconcile T&M costs with Contractor on a daily basis. Finalize WCD's when associated work is completed in an appropriate Change Order. Change Orders Coordinate the combining of Change Proposal Requests, Work Change Directives, and Field Orders into Change Orders, and assemble the documentation, prepare the Change Order package, and circulate for execution by the Consultant, Contractor, and Construction Manager. Update CPR and Change Order logs and provide status reports tracking the execution of Change Orders. Measurement and Payment Review and approve the Contractor's Schedule of Values (cost breakdown) to establish a reasonably balanced distribution of costs to the various elements of the total construction to serve as a basis for progress payments and determination of cost impact of changes. Notify Contractor with either a letter of acceptance or a letter of rejection noting exceptions to obvious or apparent areas of unbalanced costs. Review and Process Contractor's Applications for Payment Receive and review draft application for payment prepared by the Contractor and note and attempt to reconcile discrepancies between Engineer's estimate of progress and Contractor's application. Review draft application for payment in comparison to measured or estimated quantities. Make notations of deficient work not recommended for payment until corrected; deletion of payment for stored materials and/or equipment which do not have approved shop drawings and/or proper invoices; reduction of value for partially completed items claimed as complete. Return a copy of the reviewed draft to the Contractor. Meet with Contractor to reconcile discrepancies. Review revised application for payment and, if appropriate, advise Contractor to submit the required number of copies. Forward copies to the Construction Project Manager for processing. Project Closeout Receive and review Contractor's required substantial completion submittal and determine if Project is ready for substantial completion inspection. Develop substantial completion submittal checklist and perform the following activities: verify submittal of all required documents; review Contractor Record Drawings; perform drafting of Record Drawing revisions on reproducible set and transmit to the Construction Project Manager; review CEI Services for Seawall, Baywalk, and Landscape 43 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 other substantial completion submittal documents for completeness and compliance with Contract provisions; and schedule substantial completion inspection. Conduct Substantial Completion Inspection Coordinate, conduct, and document the substantial completion inspection. Notify all Project team members of date of substantial completion inspection. Prepare and distribute the punch list format to the parties conducting the inspection. Review progress of corrective action on punch list items, periodically updates, and re -issue. Identify tentative date of substantial completion and prepare and issue Certificate of Substantial Completion with a list of stated qualifications (punch list). Document Project Warranties Furnish written notification of the start of the warranty period to define for all parties the ending date of the period for which the Contractor is responsible for repairing deficient Project materials and equipment. Final Completion Receive and review the Contractor's required final completion submittal. Develop final completion submittal checklist. Verify submittal of all required documents and review for completeness and compliance with Contract provisions. Notify Construction Project Manager, Contractor, and other affected parties of date of final inspection. Coordinate, attend, and conduct the final inspection meeting and physical walk-through of the Project. Final Payment Collect all payment documents required and forward to the Construction Project Manager for processing along with the Contractors Final Application and Certificate for Payment. Finalize all project costs and determine the final adjusted amounts for construction. Obtain Contractor's signature on any required Contractor's Certification or Affidavits. Process and sign Final Application for Payment. Prepare transmittal letter indicating recommendation for Final Payment. Construction Disputes and Claims Consultant shall review and provide initial recommendations on disputes or claims in response to written notification of claims made by the Contractor, in accordance with the provisions of the Contract Documents, asserting the right to an adjustment in either Contract Price or Contract Time. Certification of Work Signed and sealed letter to be provided by Senior Project Engineer/Project Manager A2.05 PERSONNEL A2.05.1 General Requirements The Consultant shall provide sufficient personnel who possess the experience, knowledge, requirements, and character to perform adequately the duties assigned for each specific assignment under this scope of work. Unless otherwise agreed by the City of Miami, the City will not compensate straight overtime or premium overtime. A2.05.2 Consultants Safety Program Individuals designated by the Consultant for the Project should have appropriate level of safety training for their assigned duties. A2.05.3 Personnel Qualifications The Consultant shall utilize only competent personnel, qualified by experience, education, and licensing and certification requirements. The Consultant shall submit in writing to the Construction Manager the names of personnel proposed for assignment to the Project, including a detailed resume for each containing at a minimum salary, education, and experience. A request for CEI Services for Seawall, Baywalk, and Landscape 44 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 approval shall be submitted to the Construction Manager at least two (2) weeks prior to the date an individual is to report to work. Before the Project begins, all Project staff shall have a working knowledge of the current FDOT CPAM and must possess all the necessary certifications for obtaining the duties of the position they hold. The Consultant Project Manager shall ensure that the City of Miami's current practices, policies, and procedures are met throughout the course of the Project. Cross training of the Consultant's Project staff is highly recommended to ensure a knowledgeable and versatile Project inspection team and should occur as workload permits. A2.06 STAFFING Upon execution of the Agreement, the Consultant shall establish and maintain appropriate staff which possess the experience, education, knowledge, licensure and certification requirements, and character to adequately perform assigned Project duties. If needed, in order to assist in resolving disputed final pay quantities, the Construction Manager may ask the Consultant to provide personnel familiar with aspects of a construction project's final measurements. The Consultant shall replace staff whose performance is unsatisfactory within one (1) week of City notification. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to perform services under this scope of Work. Personnel changes will require prior written notice to and written approval from City. A2.07 TIME FRAMES FOR COMPLETION Aside from the pre -construction meeting preparation and managing, the Work shall commence at the same time as commencement of the construction work and shall be finished upon final acceptance of the construction work. The Construction Manager may customize this requirement on a case -by -case basis. 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 Non -Threshold Inspection Services: Inspections not related to the structural integrity and durability of the structures. A3.02-2 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. A3.02-3 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. 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. CEI Services for Seawall, Baywalk, and Landscape 45 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long-distance telephone, courier, and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01-2 Reproduction, Photography: Cost of printing, reproduction, or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A4.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. A4.01-4 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid for by the Consultant. A4.01-5 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-6 Other: Items not indicated in Article A4, Reimbursable Expenses, when authorized by the Project Manager. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and as far as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required to establish a program. A5.01-3 Plans & Specifications: City shall provide the Consultant with copies of the permitted plans and the specifications prepared by the Design Professional. A5.01-5 City's Standard Specifications A5.01-5 Copy of Executed Construction Contract ARTICLE A6 CONSULTANT FURNISHED DOCUMENTS AND EQUIPMENT A6.01 GENERAL Consultant shall provide, as part of its Basic Services, the following documentation and equipment, which shall be part of the Basic Services fee. CEI Services for Seawall, Baywalk, and Landscape 46 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 A6.01-1 FDOT Documents All applicable FDOT documents, as indicated in the City's Standard Specifications for Road and Bridge Construction, shall be provided by the Consultant. Most, if not all FDOT documents, specifications, directives, procedures, and standard forms are available through the FDOT's internet website. A6.01-2 Vehicles Vehicles used in the field by any member of the Consultant's team will be suitable for their intended purpose and will be equipped with appropriate safety equipment. Vehicles shall have the name and phone number of the Consultant visibly displayed and legible. A6.01-3 Field Equipment The Consultant shall supply survey, inspection, and testing equipment in order to carry out the Scope of Work and every element of the Services, and other items as determined by the Construction Manager. Quality and quantity of such items is to meet the Construction Manager's approval. At a minimum, each Consultant staff member shall be equipped with, or have immediate access to the following items: ■ Laptop computer installed with: • Wireless internet access • Microsoft Office • Scheduling software capable of reading and modifying MS Project schedules • Email access ■ Color printer (office) ■ 25' Tape measure ■ Smart Level ■ Accessible cellular phone ■ Digital camera (5 Megapixel minimum) ■ Temperature gun/reader ■ 10' straightedge ■ Any specific equipment based on the scope of Work assigned. Hard hats and other appropriate safety gear will be provided to all field personnel. Hard hats shall have the name of the Consultant visibly and legibly displayed. Such equipment includes those non -consumable and non -expendable items, which are normally needed for a CEI Project and are essential in order to carry out the Scope of Work. Equipment described herein under this section will remain the property of the Consultant and shall be removed at the completion of the Work. The Consultant's handling of nuclear density gauges shall be in compliance with staff license. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of Services and duration of the Agreement. Consultant's field office equipment shall be regularly maintained and in operational condition at all times. A6.01-4 Licenses The Consultant will be responsible for obtaining proper licenses for testing equipment and personnel operating testing equipment when licenses are required. The Consultant shall CEI Services for Seawall, Baywalk, and Landscape 47 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 make the license and supporting documents available to the City of Miami, for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall comply with FDOT's requirements. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CEI Services for Seawall, Baywalk, and Landscape 48 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD AREHNA Engineering, Inc. Geotechnical Engineering and Material Testing Media Relations Group, LLC Public Relations Keith and Associates, Inc. Landscape Architecture SCHEDULE A2 - KEY STAFF JOB CLASSIFICATION NAME Senior Project Engineer/Project Manager Etienne Bourgeois, PE Senior Inspector Juan Riobo, PE Senior Inspector Eddie Jimenez Project Administrator Benji Sotomayor REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CEI Services for Seawall, Baywalk, and Landscape 49 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 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. CEI Services for Seawall, Baywalk, and Landscape 50 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g., sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits), and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION After the first year of the contract term, the escalation of said Wage Rates may be considered upon request by the Consultant. The Consultant may have to supply documentation to justify any requested percentage increase in cost to the City. The City reserves the right to approve or reject said requests for escalation. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01-3 Lump Sum Compensation: Compensation shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees: Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 Conditions for Use: Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work, which is similarly indeterminate. In such cases, the City will establish an Allowance CEI Services for Seawall, Baywalk, and Landscape 51 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 in the Work Order that shall serve as a Not -to -Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B3.04 FEES FOR ADDITIVE OR DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A8 and B3.03 respectively, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets. The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.05-1 Determination of Fee: The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance: An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1.0) time the amount expended by the Consultant. CEI Services for Seawall, Baywalk, and Landscape 52 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiation. ARTICLE B4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found at the end of this document. Failure to submit invoice(s) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. B4.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B4.03 BILLING — HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services provided. 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. CEI Services for Seawall, Baywalk, and Landscape 53 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.01 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CEI Services for Seawall, Baywalk, and Landscape 54 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Principal Senior Project Engineer/Project Manager $100.68 $291.97 $241.63 Project Administrator $74.64 $216.46 $179.14 Senior Inspector $41.88 $121.45 $100.51 Resident Compliance Specialist $33.48 $97.09 $80.35 (*) Flat rate, no multipliers applied. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CEI Services for Seawall, Baywalk, and Landscape 55 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - CONSULTANT INVOICE CITY OF MIAMI OFFICE OF CAPITAL IMPRO.EMEIYTS IOCI} CONSULTANT STANDARD INVOICE To: ATTN: NOTE: city ofMani once Dr caprui Impraaeruen lock. 444 MY' 2r11 A en ue - Ell Floor Ham!. m!. FL .33130 !woks, rrc.H.d pool 2 aC I'M rill b. sl.n'p.d -eoth U. huI Gts ono Lola P .:mock. oropoatr mod Per-'1 dray Loch ron o mot k• minkl 2T a Film ci Ito lrtr as d.q®Yd. Mach r. a` -t dco.rrrY lc Noah Orono I$trrtioot ¢I rtgrr ermlock. SERVICE IC.6NINACT AMOUNT Ii cplIIP LEUE Invok., NLr'ltlsr: !moire Dada: Mirth ]] -_C__ Papa: Inroloa Pero-1:Frnm: Tc: Mo'llh ]] _y___ Cntraat No.: Contraal TTtla: Pro.aat No.: FTO»ct Nora: Fulham* Orsif4 No.: Work Ordar :No: TOTAL EARhIED TO DATE PREVIOUSLY I VOil'. D C LRRENT tdIJOli A1Op1MJT ... me Dalix ;ED: .-v-' 6' I ..1:431 ;305L cop .na�r you co F 50% en ls� Er3rrr*aIHgeLatk Phv+ eas.olxlim Adnhioat m:cA .i aivtrY Eoarelr _ :.1 =�A .4m1uaral SaNkt r t: iree; i -CTAL: li i Prior to thk. Involoa RarnalnIrp Cortratt GaNnoe: i 1k SUGotsl: Daduclor, : Total Due : 3 TO BE COMPLETED BY CONSULTANT FIRM cry n rpm TR)L All CQI[4L'_ I ST a UPrmR TING 3CCU ME HT II Cri rCKLMT: rSm-.t,.oaIn- a; rrro. R.rr. -, 1 .Er I'-nap.Ii Aslx.mn Lam of RTam farm IrrodiaL Smarm Dm,rkintr Imola u-kriren Stria kopere fcdrb-.I rarrc. 44-uuaa-n AREA TO BE COY PLETED I]Y CITY OF MIAMI . F 4 w.WO APF4 ]','AL 341L !ICHA tUILL DNA RaWo-la Dllr RralYvtl'Er P/prime Prt,yesep iEMR mitF' CEI Services for Seawall, Baywalk, and Landscape 56 RFP No. 24-25-012 Improvements at Jose Marti Park — D3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 Appendix II to Part 200—Solicitation and Contract Provisions for Non -Federal Entity Contracts Under Federal Awards and other Related Federal Clauses In addition to other provisions required by the Federal agency or non -Federal entity, all solicitations and contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. Appendix II to Part 200(A) REMEDIES: Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Appendix II to Part 200(B) TERMINATION for CAUSE & CONVENIENCE: All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. Appendix II to Part 200(C) EQUAL OPPORTUNITY & NON-DISCRIMINATION: Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Appendix II to Part 200(D) DAVIS-BACON ACT (1): Davis -Bacon Act, as amended 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis - Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. Appendix II to Part 200(D) DAVIS-BACON ACT (2): The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Appendix II to Part 200(D) DAVIS-BACON ACT (3): The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. Appendix II to Part 200(E) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Appendix II to Part 200(F) RIGHTS to INVENTIONS: Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Appendix II to Part 200(G) CLEAR AIR ACT & FEDERAL WATER POLLUTION CONTROL ACT: Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Appendix II to Part 200(H) DEBARMENT & SUSPENSION: Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Appendix II to Part 200(1) BYRD ANTI -LOBBYING: Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (J) 200.323 Procurement of recovered materials. (a) A recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single -use plastic products. See Executive Order 14057, section 101, Policy. (K) 200.216 Prohibition on certain telecommunications and video surveillance equipment or services. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain covered telecommunications equipment or services; (2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services. (b) As described in section 889 of Public Law 115-232, "covered telecommunications equipment or services" means any of the following: (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (c) For the purposes of this section, "covered telecommunications equipment or services" also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (d) In implementing the prohibition under section 889 of , heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained. (e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section. The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports. (f) For additional information, see section 889 of Public Law 115-232 and § 200.471. (L) 200.322 Domestic preferences for procurements. (a) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards, contracts, and purchase orders under Federal awards. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. Note: Pursuant to 2 CFR part 184.8, Build America, Buy America Act (BABA) preference does not apply to CDBG-DR, CDBG-NDR, or CDBG-MIT grants. Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 SECTION 3: Contracts subject to the requirements of Section 3 of the Housing and Urban Development (HUD) Act of 1968, as amended (12 U.S.C. §1701 u), must include "the Section 3 clause" pursuant to 24 CFR Part 75. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low- income persons. SECTION 3 CLAUSE I. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC.1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance, or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. II. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions, as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. V. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. VII. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Federal Awarding Agency or Pass Through Entity Review and Retention: §200.325(b)1 The non -Federal entity must make available upon request, for the Federal awarding agency or pass - through entity pre -procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates. Records will be maintained for six (6) years after the subrecipient formally closes out the grant award. Employment Eligibility Verification: Executive Order 11-116 signed May 27, 2011, by the Governor of Florida requires contractors, subcontractors, and consultants performing work or services pursuant to the CDBG-MIT sub recipient agreement use the E-Verify system to verify the employment eligibility of all new employees hired by the contractors, subcontractors, and consultants during the term of the contract. Minority and Women Business Enterprises (M/WBE) Affirmative Steps: §200.321 The following affirmative steps will be taken to maximize M/WBE participation: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed above. Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 James Reyes City Manager CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement —Docusigned by: '-89540EB73CAC468... DATE: May 13, 2026 SUBJECT: Recommendation for Award of Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193083 REFERENCES: RFP No. 24-25-012 ENCLOSURES: Bid Security List, Contractor's Price Proposal RECOMMENDATION: Based on the findings below, the City of Miami ("City") Department of Procurement ("Procurement") hereby recommends that the referenced contract be awarded to GFT Infrastructure, Inc. ("GFT"), formerly known as Gannett Fleming, Inc., the responsive and responsible Proposer, for Request for Proposals ("RFP") No. 24-25-012, Construction Engineering & Inspection ("CEI") Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193083 ("Project"). BACKGROUND: On February 28, 2025, Procurement issued RFP No. 24-25-012 for the provision of CEI services for the Project, on behalf of the Office of Capital Improvements ("OCI"). On April 7, 2025, Procurement received five (5) proposals from GFT, Encobridge, Inc. ("ENI"), JE Estate ("JEE"), Metric Engineering, Inc. ("MEI"), and Unlimited Barge Solutions LLC ("UBS") in response to this solicitation. Subsequently, the proposals were reviewed by Procurement staff, and upon completion of their due diligence effort, one (1) proposal submitted by GFT was deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFP. The remaining four (4) proposals from ENI, JEE, MEI, and UBS were disqualified from the selection process and deemed non- responsive in accordance with the minimum qualifications and experience requirements of the RFP. On August 5, 2025, an Evaluation Committee ("Committee") appointed by the City Manager, met to complete the Step 1 evaluation of the one (1) responsive proposal, following the guidelines stipulated in the solicitation. The proposal was evaluated in accordance with the six (6) evaluation criteria and ranked by total awarded points (see enclosed Report of Evaluation Committee Memorandum). Considering the amount of information provided by the Proposer, and based on their professional judgement, the Committee decided to waive Step 2 proceedings and voted unanimously to recommend to the City Manager that negotiations of a professional services agreement ("Agreement") be initiated with GFT, at the sole discretion of the City. Upon review and subsequent approval of the Report of the Evaluation Committee Memorandum by the City Manager on August 28, 2025, negotiations were initiated with the Consultant. The City's negotiation team, comprised of staff from OCI held good faith negotiations with the Consultant's principals that addressed: 1. Coordination of the various professional consulting services necessary for the Project; 2. Established and capped fair market professional services fee schedule; 3. A Project tasking solution which supports an instrumental and fiscally sound agreement, in the best interest of the City and its residents, and; PR25036 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 Page 2 - Recommendation of Award of RFP No. 24-25-012, CEI Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3 James Reyes, City Manager 4. Legally sufficient and binding agreement terms and conditions, with the assistance and support of the City Attorney's Office. On September 16, 2025, a Kickoff Negotiations Meeting was held with GFT and the Negotiations Team, composed of Messrs. Hector Badia, Keith Ng, and Richard Pope representing OCI; Keith Ng retired from the City during the negotiations process. Additional discussions and negotiation sessions were held, and an agreement was reached on January 9, 2026. Consequently, the Negotiations Committee recommends awarding the Project to GFT, concurrently with the award of the main contract requiring services by GFT, the Seawall, Baywalk, and Landscape improvements at Jose Marti Park - D3 advertised under Invitation to Bid (ITB) No. 24-25-011-R; the latter contract was awarded on April 30, 2026. As a result, and based on the above findings, Procurement supports the recommendation to award the Project to GFT as shown below: Miami -Dade County Water and Sewer ("MDWASD") Scope of Work Proposal Values Base Scope of Work $1,152,076.26 Reimbursable Expenses $57,603.81 Dedicated Allowance for Pre -Cast Inspections $4,320.00 Subtotal Contract Value $1,214,000.07 Ten Percent (10%) Owner's Contingency Allowance $121,400.01 Total Contract Value $1,335,400.08 The original price proposal submitted by the Consultant totaled $1,576,022.58; therefore, negotiations resulted in $240,622.50 or 15.27% of savings for our taxpayers. CONTRACT EXECUTION: Accordingly, Procurement hereby requests authorization to prepare and execute an Agreement with GFT, upon approval of this award recommendation. Pursuant to Resolution No. R-26-0146, approved by the City Commission on April 9, 2026, amending Section 18-117 of the City Code, "Economic Stimulus Awards and Agreements," the City Manager has delegated authority to award this contract and execute the ensuing Agreement. The total contract value at award is $1,335,400.08 (inclusive of allowances for Reimbursable Expenses, Pre -Cast Inspections, and Owner's Contingency). Your signature below indicates your approval of Procurement's recommendation. -Signed by: Approved: Date: pproveA68C256F2C6A478... James Reyes, City Manager May 26, 2026 117:12:23 EDT c: Natasha Colebrook -Williams, Deputy City Manager Asael "Ace" Marrero, AIA, Assistant City Manager/Chief of Infrastructure Erica T. Paschal Darling, CPA, Assistant City Manager/Chief Financial Officer Barbara Hernandez, MPA, Assistant City Manager/Chief of Operations Thomas M. Fossler, Assistant City Attorney Jose R. Perez, AIA, Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR25036 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 City of Miami Legislation Resolution Enactment Number: R-26-0146 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18970 Final Action Date:4/9/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), REPLACING ATTACHMENT "A" TO SECTION 18-117 OF THE CITY CODE, WHICH IDENTIFIES CERTAIN CAPITAL CONSTRUCTION PROJECTS SUBJECT TO THE CITY'S ECONOMIC STIMULUS AWARDS AND AGREEMENTS PROCESS, WITH THE REVISED ATTACHMENT "A" ATTACHED AND INCORPORATED HERETO; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 18-117 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Economic Stimulus Awards and Agreements," establishes an expedited process for certain capital construction projects identified in Attachment "A" thereto for the express purpose of stimulating the local economy; and WHEREAS, Section 18-117 further provides that Attachment "A" may be amended from time to time by City Commission resolution and that the City Commission may, from time to time, add or delete projects from the list of economic stimulus projects to which Section 18-117 applies; and WHEREAS, the City desires to update the list of qualifying capital construction projects by replacing the existing Attachment "A" with the revised Attachment "A" attached and incorporated into this Resolution; and WHEREAS, upon adoption of this Resolution, the revised Attachment "A" shall constitute the operative list of projects subject to Section 18-117 of the City Code unless and until further amended by resolution of the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Pursuant to Section 18-117 of the City Code, the City Commission hereby replaces the existing Attachment "A" to Section 18-117 with the revised Attachment "A" attached and incorporated hereto. Section 3. The revised Attachment "A" approved by this Resolution shall supersede and replace all prior versions of Attachment "A" to Section 18-117 of the City Code. Section 4. This Resolution shall become effective immediately upon its adoption. Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 APPROVED AS TO FORM AND CORRECTNESS: g I I I C ty ttor y 3/31 /2026 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B30688 Marine Stadium Restoration DREAM $68,000,000.00 04-Dry Run/Permit Citywide 40-B40571 Virrick Park New Pool Facility Parks $13,211,530.00 07-Construction 2 40-B193602 Brickell Key Bridge RPW $6,246,391.00 07-Construction 2 40-B173619 SW 15 Road from SW 3 Avenue and SW 11 Street RPW $6,261,725.00 03-Design 3 40-B30874 Brickell Avenue from SE 15 Road to SE 8 Street RPW $2,097,247.00 08-Final Completion 2 40-B50906 NE 3 Avenue from NE 54 Street to NE 58 Terrace RPW $3,259,046.00 03-Design 5 40-B193511 and 40- B193511A Curtis Park Community Center Design and Construction Parks $15,365,718.00 07-Construction 1 40-B193512 and 40- B193512A Armbrister Park Community Center Design and Construction Parks $12,129,000.00 06-Pre-Construction 2 40-B193513 Moore Park Gym Design and Construction Parks $16,357,564.00 05-Bidding 5 40-B193517 New Woodside Park at 3699/3701 SW 1st AVE Parks $7,449,955.00 07-Construction 3 40-B40566 Spring Garden Point Park Parks $1,954,059.27 03-Design 5 40-B40581 Douglas Park Community Center Parks $15,572,411.00 04-Dry Run/Permit 4 40-B193207 Fire Facilities Resiliency Project (FS10) - Design Public Safety $15,465,000.00 04-Dry Run/Permit Citywide 40-B183603 Miami River Greenway Curtis Park East RPW $5,853,553.00 05-Bidding 1 40-B183611 NW 17th Street from NW 27th AVE to NW 32nd AVE - Road & Drainage Construction RPW $7,856,143.00 03-Design 1 40-B193802 Brickell Bay Drive Seawall, Drainage and Road Improvements RPW $32,261,008.00 07-Construction 2 40-B30606 Flagler Street Beautification OCI $33,104,407.00 07-Construction Citywide 40-B30737 South Bayshore Lane/Fairview Street - East and West RPW $12,420,228.00 05-Bidding 2 40-B193522A Dog Run Park Parks $925,877.00 03-Design 4 40-B233506 Fairlawn Community Park Parks $1,150,000.00 07-Construction 4 40-B233507 Shenandoah Playground Replacement Parks $900,000.00 08-Final Completion 2 40-B233513 Grapeland Heights Park and Baseball Park Parks $2,611,514.00 07-Construction 1 40-B233523 Bayfront Park Fountain Parks $2,833,760.00 01-Planning 2 40-B223801 East Flagami Flood Mitigation RPW $80,137,359.00 05-Bidding 4 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B223802 Auburndale Flood Mitigation Project RPW $74,747,852.00 Multi -Phased Project 4 40-B50413 SW 24th St. from 27th Ave to SW 32nd Ave RPW $8,478,403.00 07-Construction 4 40-B50412 SW 23 Terrace from SW 27 Avenue to SW 32 Avenue RPW $6,649,232.00 01-Planning 4 40-B233822 Localized Flooding Improvements Citywide RPW $10,375,000.00 03-Design Citywide 40-B183611A NW 17 Street from NW 32 to NW 37 Avenue RPW $7,473,497.00 05-Bidding 1 40-6193500 Jose Marti Park Seawall, Shoreline, and Flood Improvements- Construction OCI $26,644,082.00 05-Bidding 3 40-B193501 Little River Mini Park (Outfall Connection) RPW $3,986,499.00 04-Dry Run/Permit 5 40-B233815 Allapattah Flood Improvements - NW 7 Ave to 14 Ave, NW 23 St to RPW $62,674,641.00 03-Design 1 40 B233816 Melrose Flood Improvements - NW 23 Ave to NW 19 Ave, NW 34 St to NW 30 St (Pump Station) RPW $33,642,745.00 03-Design 1 40 B233805 Edgewater Flood Improvements - NE 4 Ave to Biscayne Bay, NE 22 St to NE 24 St (Pump Station) RPW $40,852,943.00 03-Design 2 40-B233811 Replacement of Seawalls Morningside between NE 55 Terr, NE 65 St and Biscayne Bay - D2 RPW $3,378,160.00 03-Design 2 40-B233809 Brickell and Coconut Grove Seawalls between SE 25th Rd to Mathenson Ave. and Biscayne Bay - D2 RPW $1,659,265.00 03-Design 2 40-B233810 Replacement of 8 Seawalls in Edgewater between NE 22 St to NE 34 St. along Biscayne Bay - D2 RPW $3,541,662.00 03-Design 2 40 B233804 East Little Havana Flood Improvements - W 12 Ave to W 17 Ave, NW 2 St to SW 6 St (Pump Station) RPW $64,605,980.00 01-Planning 3 40-B233606 8 Street Flood Improvements - SW 17 Ave to SW 22 Ave, SW 5 St to SW 12 St RPW $40,000,000.00 03-Design 3 40 B233803 Shorecrest South Flood Improvements - NE 8 Ct to NE Bayshore Ct, NE Little River Dr to NE 79 St (Pump Station) RPW $34,607,969.00 05-Bidding 5 40 B233814 South-West Wynwood Flood Improvements - NW 3 Ave to NW 5 PI, NW 16 St to NW 28 St (Pump Station) RPW $70,802,459.00 01-Planning 5 40-B233812 Replacement of Seawalls Shorecrest between NE 84 St and Ademar Canal; NE Bayshore Dr. and Davis Canal - D5 RPW $3,688,974.00 03-Design 5 40-B233817 Clemente Park Flood Improvements - Miami Ave to NW 2 Ave and NW 30 St to 36 St RPW $22,422,143.00 03-Design 5 40-B233806 Immediate Flood Control: Install Backflow Valves CW RPW $4,084,000.00 03-Design Citywide 40-B203801 Citywide Pump Stations Telemetry System RPW $1,536,263.00 03-Design Citywide 40-B233819 Localized Flooding Improvements RPW $5,558,000.00 03-Design 3 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40-B233820 Pump Stations RPW $2,500,000.00 03-Design 3 40-B223521 Parks Public WiFi Installation Parks $2,500,000.00 07-Construction 2 40-B50414 SW 24 Terrace from SW 27 Avenue to SW 31 Avenue RPW $4,762,302.00 08-Final Completion 4 40-B50421 SW 25 Street from SW 27 Avenue to SW 32 Avenue D4 RPW $4,853,136.00 08-Final Completion 4 40-B223212 Fire Station 12 - Hardening Fire $1,423,000.00 01-Planning Citywide 40-B213210 Fire Station 2 - Hardening Fire $1,007,027.00 01- Planning Citywide 40-B213209 Fire Station 9 - Hardening Fire $1,322,000.00 01- Planning Citywide 40-B213512 Hadley Park - Resiliency Hub Parks $1,807,056.00 05-Bidding 5 40-B50104 NW 13 Street from NW 35 Avenue to NW 37 Avenue RPW $3,165,866.00 07-Construction 1 40-B30756 NW 30 Street Improvement RPW $6,539,324.00 07-Construction 1 40-B183610 West Grove Roadway Improvements RPW $4,270,918.00 03-Design 2 40-B183612 Charles Avenue from Main Highway to South Douglas Road RPW $5,040,542.00 05-Bidding 2 40-B213606 Kinloch Roadway Neighborhood Improvements RPW $3,516,341.00 03-Design 4 40-B173613 South Golden Pines No Outlet Streets Improvements RPW $10,817,382.00 03-Design 4 40-B243800 Wagner Creek Embankment Stabilization RPW $16,096,190.00 03-Design 1 40-B173511A Morningside Park - Baywalk, Kayak Launch, and Boat Ramp Parks $19,182,327.00 07-Construction 2 40-B193521 Fairlawn Community Park Parks $3,809,461.00 07-Construction 4 40-B203509 Athalie Range Park - New Recreation Building D5 Parks $15,600,000.00 04-Dry Run/Permit 5 40-B243208 Police HQ -Garage Demolition and Sitework Police $3,799,272.00 07-Construction Citywide 40-B233601 Miami River Greenway - NW N River Dr from NW 22 Ave to NW 19 RPW $8,009,423.00 03-Design 1 40-B213605 NW 11 Street from NW 1 Avenue To NW 3 Avenue RPW $2,412,839.00 06-Pre-Construction 5 40-B70046 Virginia Key Boat Launch & Trailer Parking OCI $3,620,265.00 07-Construction 2 40-B70042 Miami Marine Stadium Marina - Mooring Field DREAM $4,133,205.49 06-Pre-Construction 2 40-B233500 Margaret Pace Park Parks $29,264,866.00 04-Dry Run/Permit 2 40-B243400 New Administration Building and Parking/Other Improvements DREAM $241,483,400.72 01-Planning Citywide 40-B193803 CE&I for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park Parks $20,000,000.00 05-Bidding 3 40-B30541D Baywood Seawall Repair Parks $8,000,000.00 01-Planning 4 40-B243602 Little Havana Pedestrian Priority Zone - Phase II RPW $5,834,069.00 01-Planning 3 40-B243604 Silver Bluff Traffic Flow Modification RPW $7,848,323.00 03-Design 3 40-B233813 North Grapeland Heights Seawall (NGHS) at NW 13 Street RPW $356,406.00 03-Design 1 40-B213606A Kinloch Flooding Mitigation and Road Reconstruction FDEP Grant RPW $2,058,005.00 05-Bidding 4 40-B243600 Tamiami Blvd Roadway Drainage Improvements RPW $4,000,000.00 03-Design 4 40-B253600 Brickell Key Bridge Replacement RPW $30,031,616.00 01-Planning 2 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District N/A Construction and Permanent Financing: MLK Residences Housing $2,000,000.00 N/A 5 N/A Construction and Permanent Financing: Liberty Renaissance Housing $1,000,000.00 N/A 5 N/A Affordable Housing and Economic Development Housing $8,000,000.00 N/A Citywide N/A Home Ownership and Economic Development Housing $4,000,000.00 N/A Citywide N/A Citywide Parks Playground Renovations (13 Sites - D1, D2, D3, and Parks $4,059,580.00 01-Planning Citywide N/A Historic Virginia Key Beach Museum VKBPT $20,500,000 01-Planning Citywide 40-B253603 Shoreline Repair Mini Rapids Park RPW $1,625,875 03-Design 1 40-B193519 Sewell Park Seawall Reconstruction - Phase III Parks $24,567,655 02-A/E Selection 1 40-B253105 Allapattah Elderly Center Improvements DREAM $2,853,787 04-Dry Run/Permit 1 40-B253104 Allapattah Child Care Improvements DREAM $1,700,641 04-Dry Run/Permit 1 40-B233501 Peacock Park Parks $3,507,095 04-Dry Run/Permit 2 B-193404 Flagler Worker's House - Structural Renovation Parks $4,275,387 04-Dry Run/Permit 2 40-B263508 2293 SW 17th Terrace - Mini Dog Park Parks $500,000 01-Planning 4 40-B263509 50 SW 68th Ave Parcel Plan Parks $500,000 01-Planning 4 TBD 235 NW 26th Ave - Sensory Park Parks $1,000,000 01-Planning 4 40-B253506 Little Haiti Cultural Complex Caribbean Marketplace Roof Parks $5,464,250 04-Dry Run/Permit 5 40-6203505 Roberto Clemente Park - Irrigation, Drainage, and Baseball Field Improvements Parks $9,429,751 04-Dry Run/Permit 5 40-B233105 Reroofing of Building B-3 Communications/GSA and Repairs for Buildings 1,2,3, and 4-Buildings at Fire Station No. 3 Fire $3,700,000 04-Dry Run/Permit Citywide 40-TBD Domino Park - 1444 SW 8 Street Parks $4,900,000 01-Planning 3 40-B263515 Triangle Park - 420 SW 11 Street Parks $4,000,000 01-Planning 3 40-B263514 Jose Marti Park - Phase II - 362 SW 4 Avenue Parks $20,000,000 01-Planning 3 40-TBD Fisherman Park - 1 SW South River Drive Parks $1,300,000 01-Planning 3 40- Historic Shenandoah Park Parks $1,220,000 01- Planning 3 40-TBD Police North Station - 100 NW 62 Ave. Police $1,500,000 01- Planning Citywide 40-B72928A Police South Roof Renovation and 40/50 Year Repairs - 2200 W. Police $1,400,000 04-Dry Run/Permit Citywide 40-TBD Police Training Center - 360 NW 2 Av. Police $600,000 01-Planning Citywide 40-B253517 Legion Park Living Shoreline - 6447 NE 7 Ave. Parks $8,050,000 02- A/E Selection 5 40-B253527 Miami Rowing Club 40/50 Year Recertification - 3601 Rickenbaker Causeway Parks $2,700,000 03- Design 2 40-TBD Simonhoff Mini Park - 1850 NW 54 Street Parks $12,900,000 01- Planning 5 40-TBD Billie Rolle Domino Park - 3400 Grand Avenue Parks $10,000,000 01- Planning 2 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 CAPITAL IMPROVEMENTS PROJECTS REVISED EXPEDITED LIST ATTACHMENT A - 04/09/2026 REVISED_FINAL_v2 B Number Project Name Project Owner Current Estimated Total Project Cost Current Phase District 40 B263510 Sewell Park Equipment and Site Improvements (Lighting, walkways, parking lot, gazebos) - 1815 South River Drive Parks $2,000,000 01- Planning 1 40-B263403 Edgewater Baywalk - 100 NW 17 St. DREAM $24,000,000 02- A/E Selection 2 40-B193402A Dinner Key Marina Breakwaters Mitigation 406 Parks/DREAM $22,271,227 01-Planning 2 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 G/LW/ LW, 1Y1 SAM.gov "General Decision Number: FL20260215 01/02/2026 Superseded General Decision Number: FL20250215 State: Florida Construction Type: Building County: Miami -Dade County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 01/02/2026 ASBE0060-001 03/01/2025 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR $ 39.76 19.02 CARP1809-002 08/01/2016 Rates Fringes CARPENTER: PILEDRIVERMAN $ 25.20 10.36 ELEV0071-002 01/01/2025 Rates Fringes ELEVATOR MECHANIC $ 55.85 38.435+a+b FOOTNOTE: a: Employer contributes 8% basic hourly rate for 5 years or more of service or 6% basic hourly rate for 6 months to 5 years of service as Vacation Pay Credit; b. Paid Holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; plus the Friday after Thanksgiving; and Christmas Day. ENGI0487-019 07/01/2023 Rates Fringes OPERATOR: Backhoe/Excavator/Trackhoe $ 27.00 14.90 ENGI0487-020 07/01/2023 Rates Fringes OPERATOR: Concrete Pump $ 32.75 14.90 ENGI0487-023 07/01/2023 Rates Fringes https://sam.gov/wage-determination/FL20260215/0 1/6 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 G/LW/ GV/ 1Y1 SAM.gov OPERATOR: Crane All Cranes 75 Tons and below $ 37.07 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes $ 40.40 Cranes 130-300 Ton $ 39.38 Cranes 76 ton to 129 Ton$ 37.57 14.90 14.90 14.90 14.90 ENGIO487-029 07/01/2023 Rates Fringes OPERATOR: Forklift $ 26.75 14.90 OPERATOR: Mechanic $ 37.07 14.90 OPERATOR: Oiler $ 27.53 14.90 IRONO272-001 10/01/2024 Rates Fringes IRONWORKER, STRUCTURAL $ 28.84 15.72 IRONO4O2-001 10/01/2024 Rates Fringes IRONWORKER, ORNAMENTAL $ 28.90 15.66 PLUMO519-001 10/01/2025 Rates Fringes PLUMBER $ 32.98 14.49 PLUMO725-001 07/16/2024 Rates Fringes PIPEFITTER (Includes HVAC Pipe, Unit and Temperature Controls Installations) $ 43.38 16.70 SFFLO821-004 07/01/2025 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 35.03 24.00 SHEE0032-001 08/12/2023 Rates Fringes SHEET METAL WORKER, Includes HVAC Duct Installation $ 29.10 14.68 SUFL2O14-024 08/16/2016 Rates Fringes CARPENTER, Includes Acoustical Ceiling Installation, Drywall Finishing/Taping, Drywall https://sam.gov/wage-determination/FL20260215/0 2/6 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 SAM.gov G/LW/ GV/ J.�V r1Y1 Hanging, Form Work, Metal Stud Installation $ 18.04 3.24 CEMENT MASON/CONCRETE FINISHER...$ 13.06 0.70 ELECTRICIAN, Includes Low Voltage Wiring $ 29.60 9.38 IRONWORKER, REINFORCING $ 17.72 0.00 LABORER: Common or General, Including Cement Mason Tending...$ 11.79 0.70 LABORER: Pipelayer $ 13.56 1.34 OPERATOR: Bulldozer $ 15.40 1.90 OPERATOR: Grader/Blade $ 18.97 0.00 OPERATOR: Loader $ 16.00 2.82 OPERATOR: Roller $ 14.43 4.78 PAINTER: Brush, Roller and Spray $ 16.00 3.48 ROOFER $ 19.98 4.77 TILE SETTER $ 18.01 0.00 TRUCK DRIVER: Dump Truck $ 13.22 2.12 TRUCK DRIVER: Lowboy Truck $ 14.24 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis -Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis -Bacon Related Acts regardless of when they were awarded. https://sam.gov/wage-determination/FL20260215/0 3/6 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 G/LW/ LW, 1Y1 SAM.gov If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUMO198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers https://sam.gov/wage-determination/FL20260215/0 4/6 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 SAM.gov G/LW/ LW, J.�V r. . The ""SU"" identifier indicates that either a single non -union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SUFL2O22-007 6/27/2024. SU indicates the rate is a single non -union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2O23-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: https://sam.gov/wage-determination/FL20260215/0 5/6 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 G/LW/ LW, 1Y1 SAM.gov Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. END OF GENERAL DECISION https://sam.gov/wage-determination/FL20260215/0 6/6 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable City of Miami Commissioners DATE: August 26, 2025 and Honorable Mayor of the City of Miami Arthur Noriega V City Manager —DocuSigned by: Qvt' .uv Novi4a. 850CF6C372DD42A... SUBJECT: Report of Evaluation Committee for Request for Proposals No. 24-25-012 Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193083 ENCLOSURES: Report of Evaluation Committee In accordance with Section 18-87 (i) of the City of Miami Code, please find attached the Report of the Evaluation Committee for subject solicitation. AP: ah c: Natasha Colebrook -Williams, Deputy City Manager Asael "Ace" Marrero, Assistant City Manager/Chief of Infrastructure Erica T. Paschal, CPA, Assistant City Manager/Chief Financial Officer Thomas M. Fossler, Assistant City Attorney Annie Perez, CPPO, Chief Procurement Officer/Director of Procurement Jose R. Perez, AIA, Director of Office of Capital Improvements Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement P R24369 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 TO: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager FROM: Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement —Docusigned by: '-89540EB73CAC468... DATE: August 26, 2025 SUBJECT: Report of Evaluation Committee for Request for Proposals No. 24-25-012 Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193083 REFERENCES: RFP No. 24-25-012 ENCLOSURES: Tabulation, Evaluation Committee Score Sheets, Evaluation Committee Appointment Memorandum, and Response Security List BACKGROUND On February 25, 2025, the City of Miami ("City") Department of Procurement ("Procurement") issued RFP No. 24-25-012 for the provision of Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3 ("Project"), on behalf of the Office of Capital Improvements ("OCI") and in collaboration with Florida Commerce ("FLC"), the State organization overseeing funding -related compliance. On April 7, 2025, Procurement received five (5) proposals in response to this solicitation. Subsequently, the proposals were reviewed by Procurement staff, and upon completion of its due diligence effort, one (1) proposal submitted by Gannett Fleming, Inc. ("GFI"), was deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFP. The remaining four (4) proposals were disqualified from the selection process for not meeting the minimum qualifications and experience requirements of the RFP. Encobridge, Inc. proposed an individual for the position of Senior Project Engineer/Project Manager ("PM") without holding an active certification in the Construction Training Qualification Program ("CTQP") Final Estimates Level II and did not submit all required Experience Forms for the Senior Project Manager and Senior Inspector; JE Estate failed to provide all required Forms, documents, and information required; Metric Engineering, Inc. proposed an individual for the position of PM that did not hold a Master's Degree in Engineering and his State of Florida Engineer license was issued less than five (5) years back from the Proposal Submission Due Date; and Noelvin Aldana d/b/a Unlimited Barge Solutions LLC failed to provide all required Forms, documents, and information required, as it was required by the RFP. Consequently, on July 2, 2025, pursuant to Section 3.1, "Acceptance/Rejection," and in consultation with the City Attorney's Office and FL Commerce, Encobridge, Inc., JE Estate, Metric Engineering, Inc., and Unlimited Barge Solutions LLC proposals were deemed non -responsive. Accordingly, FLC authorized Procurement to proceed with evaluating the one (1) responsive and responsible proposal submitted by GFI on May 22, 2025. SUMMARY OF EVALUATION While governed by Florida Statutes, Section 287.055, a typical selection for professional services firms is comprised of two (2) steps: Step 1, "Evaluation of Qualifications and Experience," and Step 2, "Evaluation of Technical Proposals/Oral Presentations." Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 Page 2, RFP 24-25-012 Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193083 Arthur Noriega V, City Manager On August 5, 2025, an Evaluation Committee ("Committee") appointed by the City Manager, met to complete the Step 1 Evaluation of the one (1) responsive and responsible proposal, following the guidelines stipulated in the solicitation. Accordingly, the proposal was evaluated pursuant to the six (6) evaluation criteria listed below: Evaluation Criteria Step 1 Maximum Points (Per Committee Member) 1. Proposer's Qualifications and Experience 40 2. Senior Project Engineer/Project Manager's Qualifications and 20 Experience 3. Senior Inspector's Qualifications and Experience 20 4. Team Members Qualifications and Experience 10 5. Amount of Work Awarded by the City 5 6. Hourly Rates 5 Total Points Per Committee Member 100 Due to the potential utilization of non -local funding sources to compensate the selected consultant under contract, the standard fifteen percent (15%) participation of Small Business Enterprise ("SBE") firms was not required. Furthermore, Procurement staff assigned scores for Criterion 6, "Amount of Work Awarded by the City," based on the amount of work awarded by the City of Miami within the previous three (3) years from the Proposal Submission Due Date of April 7, 2025. The individual score under Criterion 6 is indicated in parenthesis next to the total awarded points shown below. The final score is as follows: Proposing Firm Awarded Points (Maximum 500 points) 1. GFI 447 (3 points) The Committee decided and voted unanimously to wave Step 2 Proceedings and recommend to the City Manager that negotiations of a professional services agreement ("PSA") be initiated with GFI. Therefore, it is Procurement's recommendation to request authorization to commence negotiations with GFI. Recommendation The Committee hereby requests authorization for Procurement, in collaboration with the nominated Negotiations Committee, Messrs. Hector Badia, Keith Ng, and Richard Pope ("OCI"), to commence negotiations of a PSA with GFI for the provision of construction engineering & inspection services for seawall, baywalk, and landscape improvements at Jose Marti Park. �DocuSigned by: APPROVED: alb Novitia Date: August 28, 2025 110:38:27 EDT '-850CF6C372DD42A... Arthur Noriega V, City Manager c: Natasha Colebrook -Williams, Deputy City Manager Asael "Ace" Marrero, Assistant City Manager/Chief of Infrastructure Erica T. Paschal, CPA, Assistant City Manager/Chief Financial Officer Thomas M. Fossler, Assistant City Attorney, Office of the City Attorney Jose R. Perez, AIA, Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement P R24370 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 STEP 1: EVALUATION COMMITTEE MEETING Tuesday, August 5, 2025 Department of Procurement Request for Proposals (RFP) No. 24-25-012 Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park Arthur Noriega, V, City Manager EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FINAL RANK Hector Badia, Assistant Director, Office of Capital Improvements, City of Miami Keith Ng, CFM, Sr. Project Manager & WEDG Associate, Office of Capital Improvements, City of Miami Ileana Quintana, CCG, GEC, ENV SP, Water & Sewer Construction Coordinator, Water & Sewer Department, Miami - Dade County Lin Li, PE, ENV SP, Construction Manager 3 - Causeway Section, Highway Bridge Engineering Division, Miami -Dade County Richard Pope, Project Manager, Office of Capital Improvements, City of Miami Annie Perez, CPPO Juvenal Santana, PE, CFM Director/Chief Procurement Officer Director TABULATION SHEET RFP No. 24-25-012 NAME OF FIRM(S) 1 Gannett Fleming, Inc. 1A - Proposer's Qualifications and Experience (Max. 40 points) 35 38 39 35 35 182 2A - Senior Project Engineer/Project Manager's Qualifications and Experience (Max. 20 points) 18 19 20 18 18 93 3A - Senior Inspector's Qualifications and Experience (Max. 20 points) 18 18 19 18 18 91 4A - Team Members Qualifications and Experience (Max. 10 points) 8 9 9 9 8 43 5A - Amount of Work Awarded by the City (Max. 5 points) 3 3 3 3 3 15 6A - Hourly Rates (Max. 5 points) 5 3 5 5 5 23 87 90 95 88 87 447 1 I Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, 5A and 6A in that order. Page 1 of 1 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 RFP NO. 24-25-012 Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park EVALUATION OF PROPOSALS STEP 1 Hector Badia, Assistant Director, Office of Capital Improvements, City of Miami EVALUATION CRITERIA Maximum Points Gannett Fleming, Inc. Proposer's Qualifications and Experience 40 - Senior Project Engineer/Project Manager's Qualifications and Experience 20 Ira Senior Inspector's Qualifications and Experience 20 iS Team Members Qualifications and Experience 10, Amount of Work Awarded by the City 5 3 Hourly Rates 5 TOTAL POINTS 100 v7 SIGNATURE: PRINT NAME( DATE: Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 RFP NO. 24-25-012 Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park EVALUATION OF PROPOSALS STEP 1 Keith Ng, CFM, Sr. Project Manager & WEDG Associate, Office of Capital Improvements, City of Miami EVALUATION CRITERIA Maximum Points Gannett Fleming, Inc. Proposer's Qualifications and Experience 40- Senior Project Engineer/Project Manager's Qualifications and Experience 20 Senior Inspector's Qualifications and Experience 20 LQ, Team Members Qualifications and Experience 10 cj Amount of Work Awarded by the City 5 3 Hourly Rates 5 3 TOTAL POINTS 100 9'0 . SIGNATURE: DATE: g/s/- • PRINT NAME: ����� 1-19 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 RFP NO. 24-25-012 Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park EVALUATION OF PROPOSALS STEP 1 Deana Quintana, CCG, GEC, ENV SP, Water & Sewer Construction Coordinator, Water and Sewer Department, Miami -Dade County EVALUATION CRITERIA Maximum Points Gannett Fleming, Inc. Proposer's Qualifications and Experience 40 ,c Senior Project Engineer/Project Manager's Qualifications and Experience 20 Senior Inspector's Qualifications and Experience 20 19 Team Members Qualifications and Experience 10 Amount of Work Awarded by the City 5 3 Hourly Rates 5 5 TOTAL POINTS , / „ , 100 q 5 SIGNATURE: DATE: PRINT NAME: Gu Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 RFP NO. 24-25-012 Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park EVALUATION OF PROPOSALS STEP 1 Lin Li, PE, ENV SP, Construction Manager 3 - Causeway Section, Highway Bridge Engineering Division, Miami -Dade County EVALUATION CRITERIA Maximum Points Gannett Fleming, Inc. Proposer's Qualifications and Experience 40 l' Senior Project Engineer/Project Manager's Qualifications and Experience 20 %g Senior Inspector's Qualifications and Experience 20 f0 Team Members Qualifications and Experience 10l�' Amount of Work Awarded by the City 5 3 Hourly Rates 5 �� TOTAL POINTS 100 gg SIGNATURE: PRINT NAME: DATE: Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 RFP NO. 24-25-012 Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park EVALUATION OF PROPOSALS STEP 1 Richard Pope, Project Manager, Office of Capital Improvements, City of Miami EVALUATION CRITERIA Maximum Points Gannett Fleming, Inc. Proposer's Qualifications and Experience 40 3 5 Senior Project Engineer/Project Manager's Qualifications and Experience 20 v Senior Inspector's Qualifications and Experience 20 Team Members Qualifications and Experience 10 8 Amount of Work Awarded by the City 5 3 Hourly Rates 5 TOTAL POINTS 100 e5±— SIGNATURE: PRINT NAME: l C. A p,� OA„c„._ DATE: 740 26 2,5 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V DATE: March 25, 2025 City Manager Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement FP signing on behalf of At--DocuSigned/ by: ':ns-.:...yid,?' I/ 1 CFA23D1 DA754FF... SUBJECT: Appointment of Evaluation Committee for Request for Proposals ("RFP") No. 24-25-012 — Construction Engineering & Ion Services for Seawall, Baywalk, and ape Improvements at Jose Marti Park - ject No. B-193083 REFERENCES: RFP No. 24-25-012 The Procurement Department ("Procurement"), on behalf of the Department of Resilience and Public Works ("RPW'), issued RFP No. 24-25-012 on February 28, 2025, for Construction Engineering & Inspection Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park - D3, Project No. B-193083. It is respectfully requested that you approve the appointment of the following individuals to serve as members of the Committee to evaluate and score proposals. Each proposed member has the requisite knowledge and experience to evaluate the proposals pursuant to the RFP. Chairperson (non -voting) Anthony M. Hansen, Sr. Procurement Contracting Manager, A&E + Construction Services, Procurement, COM City of Miami Committee Members (voting) Hector Badia, Assistant Director, Office of Capital Improvements ("OCI"), COM Keith Ng, CFM, Sr. Project Manager & WEDG Associate, OCI, COM External Committee Members (voting) Ileana Quintana, CCG, GEC, ENV SP, Water & Sewer Construction Coordinator, Water and Sewer Department ("WASD"), Miami -Dade County ("M DC") Lin Li, P.E., ENV SP, Construction Manager 3 — Causeway Section, Highway Bridge Engineering Division, MDC Stefania Barigelli, Int'I Assoc. AIA, PMP, Construction Projects Manager, Department of Cultural Affairs, MDC Alternate Committee Members Jose I. Montoya, RA, Assistant Director, OCI, COM Richard Pope, Project Manager, OCI, COM APPROVED: AP: ah —DocuSigned by: Qr utr Navi4a 850CF6C372DD42A... HrLrrur ivuneyd v, City Manager April 10, 2025 1 10:20:13 EDT Date PR24321 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 c: Natasha Colebrook -Williams, Deputy City Manager Asael "Ace" Marrero, AIA, Assistant City Manager/Chief of Infrastructure Larry M. Spring, Jr., CPA, Assistant City Manager/Chief Financial Officer Barbara Hernandez, MPA, Assistant City Manager/Chief of Operations Thomas M. Fossler, Assistant City Attorney, Office of the City Attorney Jose R. Perez, AIA, Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED°AP, Assistant Director, Procurement PR24321 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 .JJ rIVI G.T-LV-V I - VLI VGI YIVOJ IVI VOPWOII, Baywalk, and Landscape Improvements at Jose Marti Park I BidNet Direct j.`"iFLORIDA SOLICITATIONS VENDORS CONTRACTS TOOLS REPORTS A • solicitations List Bid Results /21 Expand All '� Collapse All Organization Name Org. Number Submission Type ENCOBRIDGE INC 2824804 Electronic > Gannett Fleming, Inc. 2822331 Electronic } JE 2818621 Electronic Metric Engineering, Inc. 641551 Electronic Unlimited Barge 2843557 Electronic Aiva support Cancel Terms & Conditions I Privacy Policy. I Accessibility https://www.bidnetdirect.com/private/buyer/solicitations/5136305453/bid-results?cid=317 1/1 Docusign Envelope ID: 06F2E62E-9938-89B0-81 D6-6AD7B61 A04B3 ACORN® CERTIFICATE OF LIABILITY INSURANCE �.------ 2/1/2027 DATE(MMIDDIYYYY) 6/24/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC DBA Lockton Insurance Brokers, LLC in CA CA license #OF15767 444 W. 47th SL, Slc. 900 Kansas City MO 64112-1906 (816) 960-9000 kcasu@lockton.com CONTACT NAME: PHONE FAX (A/C No Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Crum & Forster Specialty Insurance Co 44520 INSURED GFT INFRASTRUCTURE, INC. 1554529 GANNETT FLEMING, INC. AND ALL SUBSIDIARIES 300 STERLING PARKWAY, SUITE 200, MECHANICSBURG, PA 17050 INSURER B : Travelers Property Casualty Company of America 25674 INSURER C : American Guarantee and Liab. Ins. Co. 26247 INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 23678189 REVISION NUMBER: XXXXXXX 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. LTRINSR TYPE OF INSURANCE IADDL NSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY (POLIO LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE �� � O G w Q) f ` EACH OCCURRENCE $ XXXXXXX CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ XXXXXXX MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PRO-LOC PER: GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XXXXXXX $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY _/macO `IC NOT APPLI ti /O _ �_. `l COMBINED SINGLE LIMIT (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX $ XXXXXXX B C x X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N CUP-A7889058 AEC-1353444 2/1/2026 2/1/2026 2/1/2027 2/1/2027 EACH OCCURRENCE $ 1 0,000,000 AGGREGATE $ 1 0,000,000 DED RETENTION $ $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A NOT APPLICABLE PER STATUTE OTH- ER E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX E.L. DISEASE - POLICY LIMIT $ XXXXXXX A EXCESS AUTO BUFFER N N SEO-154388 2/1/2026 2/1/2027 $3,000,000 EACH OCC LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AG084083 Agreement No. 24-25-012, Project No. B-193083; Construction, Engineering and Inspection (CEI) Services — Seawall, Baywalk, and Landscape Improvements at Jose Marti Park. The following are covered as Additional Insureds for Excess policy as per written contract: City of Miami. Coverages apply on a Primary and Non -Contributory basis per policy language. Waiver of Subrogation applies as respects Excess Liability. Thirty (30) day notice of cancellation applies except for non-payment of premium, which is ten (10) days per policy language. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 23678189 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF MIAMI ACCORDANCE WITH THE POLICY PROVISIONS. 444 SW 2ND AVENUE, 6TH FLOOR MIAMI FL 33130 AUTHORIZED REPRESENTATIVE! 1 )i'Zi4 4/ 4,21‘ ACORD 25 (2016/03) ©1 89 8015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 .SY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) Excess is considered follow form over the General Liability, Automobile Liability and Workers Compensation subject to the policy terms, conditions and exclusions. ,yeti G° ��oJe o6�25\ 0,\ scgP P'� ACORD 25 (2016/03) Certificate Holder ID: 23678189 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 ACORN® CERTIFICATE OF LIABILITY INSURANCE �------ 6/1/2027 DATE(MMIDDIYYYY) 6/24/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC DBA Lockton Insurance Brokers, LLC in CA CA license #OF15767 444 W. 47th SL, Slc. 900 Kansas City MO 64112-1906 (816) 960-9000 kcasu@lockton.com CONTACT NAME: PHONE FAX (A/C No Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Continental Casualty Company 20443 INSURED GFT INFRASTRUCTURE, INC. 1361922 GANNETT FLEMING, INC. AND ALL SUBSIDIARIES 300 STERLING PARKWAY, SUITE 200, MECHANICSBURG, PA 17050 INSURER B : INSURER C : INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 23678184 REVISION NUMBER: XXXXXXX 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. LTRINSR TYPE OF INSURANCE IADDL NSD SUBR WVD POLICY NUMBER POLICY EFF (POLIC YEFF POLICY (POLIO LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE �� c w O \(I�) w \/'� f ` EACH OCCURRENCE $ XXXXXXX CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ XXXXXXX MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PRO-LOC PER: GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XXXXXXX $ AUTOMOBILE LIABILITY ANY AUTO OWNED HIRED ONLY HIRED AUTOS ONLY —NON-OWNED SCHEDULED AUTOS N-O AUTOS ONLY -^ lT �O� /� NOT AP I!� ti /O �` 1//� `/A Y 7 O COMBINED SINGLE LIMIT (Ea accident) $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX $ XXXXXXX UMBRELLA LIAB EXCESS LIAB OCCUR I� CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX DED RETENTION $ $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A NOT APPLICABLE PER STATUTE OTH- ER E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX E.L. DISEASE - POLICY LIMIT $ XXXXXXX A PROF LIAB N N AEH 591957881 6/1/2026 6/1/2027 $10,000,000 PER CLAIM / AGG DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AG084083 Agreement No. 24-25-012, Project No. B-193083; Construction, Engineering and Inspection (CEI) Services — Seawall, Baywalk, and Landscape Improvements at Jose Marti Park. Retroactive Date of 01/01/1915 applies to Professional Liability. CERTIFICATE HOLDER CANCELLATION 23678184 CITY OF MIAMI 444 SW 2ND AVENUE, 6TH FLOOR 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 REPRESENTATIV 1 I 41 ACORD 25 (2016/03) ©1 89 8015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 ACOREP CERTIFICATE OF LIABILITY INSURANCE `---- DATE(MM/DD/YYYY) 6/24/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gunn -Mowery P.O. Box 900 Camp Hill PA 17001-0900 CONTACT Stefania Ruiz PHONE (A/c No Ext): 717-761-4600 (A/C, No): 717-761-6159 E-MAIL ADDRESS: Isruiz@gunnmowery.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: PA Manufacturers Indemnity Co. 41424 INSURED 6895 GFT Infrastructure, Inc 300 Sterling Parkway Suite 200 Mechanicsburg, PA 17050 INSURERB: PA Manufacturers' Assoc Ins Co. 12262 INSURERC: Manufacturers Alliance Ins. Co. 36897 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2104272835 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYYL LIMITS A B X COMMERCIAL GENERAL LIABILITY Y Y 3026012907384A 3026012907384E ' N\ 2/1/2026 2/1/2026 ((//►►�� CIO 2/1/2027 l( 2/1/2027 ti EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 X Contractual Liab MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PE PER: LOCH GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ONED W SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y ///'''��� 1526012 73!!llee������ \ — te 2/1/2026 2/1/2027 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N/A Y 2026012907384A 2026012907384E 2026012907384C 2/1/2026 2/1/2026 2/1/2026 2/1/2027 2/1/2027 2/1/2027 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Additional Insured applies per written contract. AG084083 Agreement No. 24-25-012, Project No. B-193083; Construction, Engineering and Inspection (CEI) Services — Seawall, Baywalk, and Landscape Improvements at Jose Marti Park. The following are covered as Additional Insureds for General Liability and Automobile Liability policies as per written contract: City of Miami. Coverages apply on a Primary and Non -Contributory basis per policy language. Waiver of Subrogation applies as respects to General Liability, Automobile Liability, and Workers Compensation. Thirty (30) day notice of cancellation applies except for non-payment of premium, which is ten (10) days per policy language. CERTIFICATE HOLDER CANCELLATION 90 CITY OF MIAMI 444 SW 2ND AVENUE, 6TH FLOOR 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: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 POLICY NUMBER: 302601-29-07-38-4A 302601-29-07-38-4B COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Sc+euuie, if .lot sown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 INSURED COPY Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 From: Gomez Jr., Francisco (Frank) To: Caseres, Luis; Quevedo, Terry; Aviles, Yesenia Subject: RE: RFP 24-25-012 PSA Date: Thursday, June 25, 2026 6:51:59 AM Attachments: image003.pnq image005.pnq image007.pnq image009.pnq image010.pnq image012.pnq Good morning Luis, The insurance is adequate. Thanks, Frank Gomez, RAM, CPII 0� Property & Casualty Manager G City of Miami �* Risk Management ��► 14 N.E. lstAvenue 2nd Floor Miami, Florida 33132 (305) 416-1740 Office Jew try.) (305) 416-176o Fax Q Osb V fgomez@a miamigo .c' From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Wednesday, June 24, 2026 4:33 PM To: GomezJr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com> Subject: FW: RFP 24-25-012 PSA Good afternoon, Please review and approve. Best regards, Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 IV/GI/GJ, J.," r1Y1 Detail by Entity Name DIVISION OF CORPORATIONS JSviiJ1 : Jf. amorg ? PJi) -`,fri011.� rrrr official 5ta19 of Florida weir.ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation GFT INFRASTRUCTURE, INC. Filing Information Document Number P26734 FEI/EIN Number 25-1613591 Date Filed 10/30/1989 State DE Status ACTIVE Last Event AMENDMENT AND NAME CHANGE Event Date Filed 06/12/2025 Event Effective Date 12/31/1995 Principal Address 207 Senate Avenue Camp Hill, PA 17011-2316 Changed: 01/18/2021 Mailing Address 207 Senate Avenue Camp Hill, PA 17011-2316 Changed: 01/18/2021 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 05/02/2019 Address Changed: 05/02/2019 Officer/Director Detail Name & Address Title EXECUTIVE VP, DIRECTOR https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=GANNETT... 1/7 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 IV/GI/GJ, J.," r1Y1 Detail by Entity Name KOVACS, JOHN W 1480 REDFERN DRIVE PITTSBURGH, PA 15241 Title EXECUTIVE VP MCGINNIS, ESTHER M 2554 Smallman Street Unit 201 Pittsburgh, PA 15222 Title SENIOR VP ABREU, JOSE 6950 SILVER OAK DRIVE MIAMI LAKES, FL 33014 Title SENIOR VP BARRETT, WARREN A, II 160 EAGLE CHASE LANE TROUTMAN, NC 28166 Title EXECUTIVE VP DERR, JOHN A 16434 EAST CRYSTAL RIDGE DRIVE FOUNTAIN HILLS, AZ 85268 Title SENIOR VP HAIR, GLEN L 23 HARROGATE DRIVE HUMMELSTOWN, PA 17036 Title EXECUTIVE VP. HOFFMANN, ARTHUR G, JR 1324 State Road 271 Ligonier, PA 15658 Title EXECUTIVE VP RAGAN, ROBERT E 21 Cross Road Syracuse, NY 13224 Title EXECUTIVE VP KESSLER, JON H 1625 BOW TREE DRIVE WEST CHESTER, PA 19380 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=GANNETT... 2/7 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 IV/GI/GJ, J.," r1Y1 Title SENIOR VP Detail by Entity Name BUCHHEIT, JOHN A 828 Ellwood Ave Unit B Orlando, FL 32804 Title SENIOR VP JOHNSON, MARK D 59 SOUTH SHORE DRIVE PELHAM, NH 03076 Title SENIOR VP LEWIS, PAUL J 123 Bramblewood Lane Lewisberry, PA 17339 Title SENIOR VP. ASSISTANT SECRETARY PLUMPTON, WILLIAM M 1080 CHERRY GULCH ROAD DURANGO, CO 81301 Title EXECUTIVE VP Ferruccio, Anthony C. 2856 Sewell Mill Road Marietta, GA 30062 Title SENIOR VP Schiemer, Matthew J 8914 Scottish Pastures Drive Austin, TX 78750 Title SENIOR VP Young, Paul A 201 Fawn Meadows Drive Ballwin, MO 63011 Title CORPORATE ETHICS OFFICER, SENIOR VP, SECRETARY Daly, Audrey J. 31 Balfour Drive Mechanicsburg, PA 17050 Title SENIOR VP https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=GANNETT... 3/7 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 IV/GI/GJ, J.," r1Y1 Detail by Entity Name Dreese, Trent L. 221 Littletown Road Selinsgrove, PA 17870 Title EXECUTIVE VP Gillespie, Andrew J. 8 Cavallo Way Doylestown, PA 18901 Title SENIOR VP Mason, Bradley A. 3816 Hansberry Court NE Washington, DC 20018 Title SENIOR VP Sibley, Scott W. 581 Avon Road King of Prussia, PA 19406 Title SENIOR VP Thompson, Christopher M. 222 Monroe Street Philadelphia, PA 19147 Title SENIOR VP Zachman, Shawna K. 7000 W. 64th Avenue Arvada, CO 80003 Title EXECUTIVE VP Tulumello, Guiseppe 348 CARPENTER AVENUE SEA CLIFF, NY 11579 Title Director Benavides, Joe 207 Senate Avenue Camp Hill, PA 17011-2316 Title Director Nordin, Addison 207 Senate Avenue Camp Hill, PA 17011-2316 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=GANNETT... 4/7 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 IV/GI/GJ, J.," r1Y1 Title SENIOR VP Detail by Entity Name Brenize, Brett A 24 Hunt Place Mechanicsburg, PA 17050 Title SENIOR VP Gibbons, James T 17 Rose Hill Court Hampton, NJ 08827 Title CEO, CFO, PRESIDENT, TREASURER, DIRECTOR Nevada, James S 759 110TH Avenue N Naples, FL 34108 Title EXECUTIVE VP Deery, Joseph P 301 Mission St 18F San Francisco, CA 94105 Title SENIOR VP Dandolos, Nick G 9 Springbriar Lane Kings Park, NY 11754 Title SENIOR VP Mullins, Keith R 101 W Redman Avenue Haddonfield, NJ 08033 Title EXECUTIVE VP Oswalt, Roger D 7939 Silvery Moon Ln Rancho Santa Fe, CA 92067 Title SENIOR VP, DIRECTOR EICKHOFF, HEATHER N 393 CHESTNUT DR BOILING SPRINGS, PA 17007 Title SENIOR VP https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=GANNETT... 5/7 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 IV/GI/GJ, J.," r1Y1 Detail by Entity Name PARK, TRENT M 1724 BLOOMFIELD RD RICHMOND, VA23225 Title SENIOR VP REINARD, NATHAN H 1825 SHADY LANE MECHANICSBURG, PA 17055 Annual Reports Report Year Filed Date 2024 01/31/2024 2024 09/25/2024 2025 01/09/2025 Document Images 06/12/2025 -- Amendment and Name Change 01/09/2025 --ANNUAL REPORT 09/25/2024 --AMENDED ANNUAL REPORT 01/31/2024 --ANNUAL REPORT 01/31/2023 --ANNUAL REPORT 01/18/2022 --ANNUAL REPORT 01/18/2021 --ANNUAL REPORT 01/31/2020 --ANNUAL REPORT 05/02/2019 -- Reg. Agent Change 01/29/2019 --ANNUAL REPORT 01/03/2018 --ANNUAL REPORT 01/13/2017 --ANNUAL REPORT 01/05/2016 --ANNUAL REPORT 01/19/2015 --ANNUAL REPORT 02/06/2014 --ANNUAL REPORT 03/21/2013 --ANNUAL REPORT 09/17/2012 -- Reg. Agent Change 02/28/2012 --ANNUAL REPORT 04/01/2011 --ANNUAL REPORT 03/14/2011 --ANNUAL REPORT 02/26/2010 --ANNUAL REPORT 03/05/2009 --ANNUAL REPORT 03/25/2008 --ANNUAL REPORT 03/12/2007 --ANNUAL REPORT 04/26/2006 --ANNUAL REPORT 04/22/2005 --ANNUAL REPORT 09/17/2004 -- Reg. Agent Change 05/03/2004 --ANNUAL REPORT 04/29/2003 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=GANNETT... 6/7 Docusign Envelope ID: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 IV/GI/GJ� J.," r1Y1 Detail by Entity Name 05/22/2002 --ANNUAL REPORT 04/30/2001 --ANNUAL REPORT 05/15/2000 --ANNUAL REPORT 05/10/1999 -- Reg. Agent Change 03/03/1999 --ANNUAL REPORT 05/04/1998 --ANNUAL REPORT 02/14/1997 --ANNUAL REPORT 05/01/1996 --ANNUAL REPORT 05/01/1995 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=GANNETT... 7/7 0 docusign.. Certificate Of Completion Envelope Id: 06F2E62E-9938-89B0-81D6-6AD7B61A04B3 Subject: RFP 24-25-012 - CEI Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park Source Envelope: Document Pages: 105 Signatures: 12 Certificate Pages: 8 Initials: 1 AutoNav: Enabled Stamps: 1 Envelopeld Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) Status: Completed Envelope Originator: Luis Caseres 444 SW 2ND AVE, 5th Floor Miami, FL 33130 Icaseres@miamigov.com IP Address: 149.19.49.100 Record Tracking Status: Original 6/30/2026 4:25:48 PM Security Appliance Status: Connected Holder: Luis Caseres Icaseres@miamigov.com Pool: FedRamp Location: DocuSign Signer Events Signature Timestamp Luis Caseres Icaseres@miamigov.com Construction Procurement Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Fernando Ponassi fponassi@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/22/2023 10:29:55 AM ID:9680a065-18d6-429a-94be-ba887abead91 Annie Perez annieperez@miamigov.com Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Terry Quevedo Tquevedo@miamigov.com Signing Group: Risk Management Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/21/2024 1:23:59 AM ID:ae135372-bd33-4324-aac1-955cf822dfa3 Completed Using IPAddress: 163.120.80.16 Completed Using IPAddress: 163.120.80.16 ,-DocuSigned by: '-89540EB73CAC468... Signature Adoption: Pre -selected Style Using IPAddress: 138.43.101.81 CDocuSigned by: t- 95F25 Signature Adoption: Pre -selected Style Using IPAddress: 138.43.105.186 Sent: 6/30/2026 4:33:48 PM Viewed: 6/30/2026 4:33:55 PM Signed: 6/30/2026 4:34:06 PM Sent: 6/30/2026 4:34:10 PM Viewed: 6/30/2026 4:38:11 PM Signed: 6/30/2026 4:38:48 PM Sent: 6/30/2026 4:38:51 PM Viewed: 6/30/2026 5:09:57 PM Signed: 6/30/2026 5:10:07 PM Sent: 6/30/2026 5:10:12 PM Viewed: 7/1/2026 6:30:34 AM Signed: 7/1/2026 6:31:18 AM Signer Events Signature Timestamp Lai -Wan McGinnis Imcginnis@miamigov.com Capital Budget Administrator Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Leon Michel Imichel@miamigov.com AD Signing Group: Capital Projects - Budget Approver Group Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 8/16/2023 11:37:56 AM ID: 74322cbf-45ad-4bd9-97c3-aef486c7949d Nicholas R. Atkison NAtkison@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/17/2026 2:04:47 PM ID: a523ad58-e805-42f1 -b477-bc675ca831 62 George K Wysong III gwysong@miamigov.com City Attorney Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Erica Paschal epaschal@miamigov.com Chief Financial Officer/Assistant City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/14/2023 9:54:32 AM ID:3bc88215-edc0-43d8-936a-662c9c102a5f Completed Using IPAddress: 149.19.49.100 DocuSigned by: wItitida 799F394C731444E... Signature Adoption: Pre -selected Style Using IPAddress: 138.43.105.186 �mniai Signature Adoption: Pre -selected Style Using IPAddress: 149.19.33.232 Signed by: Gt,OVV, OkhiSbin) it( "-88776E9FE882488... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.49.19 DocuSigned by: Paached C 5E85D50AB3B54BC... Signature Adoption: Pre -selected Style Using IPAddress: 149.19.49.19 Sent: 7/1/2026 6:31:23 AM Resent: 7/6/2026 8:28:40 AM Resent: 7/7/2026 11:12:30 AM Resent: 7/14/2026 1:53:04 PM Resent: 7/16/2026 2:19:45 PM Resent: 7/21/2026 11:29:13 AM Resent: 7/22/2026 3:38:13 PM Resent: 7/27/2026 3:09:54 PM Resent: 7/30/2026 2:14:06 PM Resent: 7/30/2026 2:14:21 PM Viewed: 7/31/2026 1:10:39 PM Signed: 7/31/2026 1:20:27 PM Sent: 7/31/2026 1:20:34 PM Viewed: 7/31/2026 1:25:09 PM Signed: 7/31/2026 1:25:17 PM Sent: 7/31/2026 1:33:52 PM Viewed: 7/31/2026 1:36:32 PM Signed: 7/31/2026 1:44:29 PM Sent: 7/31/2026 1:44:33 PM Viewed: 7/31/2026 1:45:15 PM Signed: 7/31/2026 1:45:32 PM Sent: 7/31/2026 1:45:37 PM Viewed: 7/31/2026 2:10:25 PM Signed: 7/31/2026 2:10:45 PM Signer Events Signature Timestamp Asael Marrero AMarrero@miamigov.com Assistant City Manager Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/23/2023 9:31:00 AM ID:09d1ab67-9d2c-4b56-bca8-009be6aae519 Luis Caseres Icaseres@miamigov.com Construction Procurement Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign James Reyes jareyes@miamigov.com City Manager City Of Miami Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Hannon, Todd thannon@miamigov.com City Clerk City of Miami Signing Group: CITY CLERK ATTESTATION Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/17/2025 2:57:18 PM ID:459d62f8-6b29-49cb-b98d-1599dcc98ebc Luis Caseres Icaseres@miamigov.com Construction Procurement Assistant Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign p-DocuSigned by: '-00F4AD9ABO3B45A... Signature Adoption: Uploaded Signature Image Using IPAddress: 149.19.49.124 Completed Using IPAddress: 138.43.105.128 Signed by: -A68 A478... Signature Adoption: Drawn on Device Using IPAddress: 138.43.105.128 1DooSigned by E46D7560DCF1459... Signature Adoption: Uploaded Signature Image Using IPAddress: 149.19.33.232 Completed Using IPAddress: 149.19.49.19 Sent: 7/31/2026 2:10:49 PM Viewed: 8/3/2026 6:57:33 AM Signed: 8/3/2026 6:59:42 AM Sent: 8/3/2026 6:59:47 AM Resent: 8/5/2026 8:47:16 AM Resent: 8/5/2026 1:21:39 PM Viewed: 8/5/2026 1:22:11 PM Signed: 8/5/2026 1:22:41 PM Sent: 8/5/2026 1:22:53 PM Viewed: 8/6/2026 10:36:32 AM Signed: 8/6/2026 10:36:58 AM Sent: 8/6/2026 10:37:04 AM Resent: 8/7/2026 9:17:36 AM Viewed: 8/7/2026 9:48:13 AM Signed: 8/7/2026 11:29:06 AM Sent: 8/7/2026 11:29:11 AM Viewed: 8/7/2026 12:05:33 PM Signed: 8/7/2026 12:06:01 PM In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sadie Brown sbrown@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Crystal Hoffman CAHoffman@Miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Thomas Fossler TFossler@miamigov.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/22/2023 10:02:03 AM ID: c72286bf-c560-4354-92fe-f3e9e87f357f Martha Rodriguez marrodriguez@miamigov.com Sandra Gilbert sgilbert@miamigov.com Executive Assistant City Manager Signing Group: City Managers Office eNotary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Martha Rodriguez marrodriguez@miamigov.com Sandra Gilbert sgilbert@miamigov.com Executive Assistant City Manager Signing Group: City Managers Office eNotary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign COPIED COPIED COPIED COPIED COPIED Sent: 7/1/2026 6:31:22 AM Sent: 7/31/2026 1:20:33 PM Sent: 7/31/2026 1:33:57 PM Sent: 8/5/2026 1:22:50 PM Sent: 8/6/2026 10:37:02 AM Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Envelope Updated Envelope Updated Envelope Updated Envelope Updated Envelope Updated Envelope Updated Certified Delivered Signing Complete Completed Hashed/Encrypted Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked Security Checked 6/30/2026 4:33:48 PM 7/30/2026 2:14:02 PM 7/30/2026 2:14:02 PM 7/30/2026 2:14:02 PM 8/5/2026 1:21:38 PM 8/5/2026 1:21:38 PM 8/5/2026 1:21:39 PM 8/7/2026 12:05:33 PM 8/7/2026 12:06:01 PM 8/7/2026 12:06:01 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 6/15/2023 8:45:09 AM Parties agreed to: Fernando Ponassi, Terry Quevedo, Leon Michel, Nicholas R. Atkison, Erica Paschal, Asael Marrero, Hannon, Todd, Thomas Fossler ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Miami (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. 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Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Miami: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: 1083@miamigov.com To advise City of Miami of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at 1083@miamigov.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Miami To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Miami To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to 1083@miamigov.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- si gning-system-requi rem ents . Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check -box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify City of Miami as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Miami during the course of your relationship with City of Miami. Olivera, Rosemary From: Sent: To: Cc: Subject: Attachments: Caseres, Luis Friday, August 7, 2026 12:19 PM Hansen, Anthony; Ponassi Boutureira, Fernando; Perez, Annie; Darrington, Mario; McGinnis, Lai -Wan; Pope, Shedrick; Sagesse, Max Fossler, Thomas; Hannon, Todd; Olivera, Rosemary; Gomez, Marta; Johnson, Antiwonesha; Atkison, Nicholas; Dubuisson, Fabiola; Badia, Hector; Osborne, Latoya Document Distribution - RFP 24-25-012 - CEI Services for Seawall, Baywalk, and Landscape Improvements at Jose Marti Park RFP_24-25-012_-_CEI_Services_for_Seawall_Bay-Executed 08-07-2026.pdf Good morning, All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Antiwonesha/Marta: You may now close this Matter ID 26-1349 Todd: Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: First Party: Second Party: Program/Purpose: Jose Marti Park Effective Date: Best regards, Project Specific City of Miami GFT Infrastructure, Inc. f/k/a Gannett Fleming, Inc. CEI Services for Seawall, Baywalk, and Landscape Improvements at 08/07/2026 i LuA.- Cc e re k Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. 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