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HomeMy WebLinkAbout23966AGREEMENT INFORMATION AGREEMENT NUMBER 23966 NAME/TYPE OF AGREEMENT CUMMINS CEDERBERG, INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/MARINE & COASTAL ENGINEERING SERVICES FOR DINNERY KEY MARINA BREAKWATERS MITIGATION 406 - D2/FILE ID: 11934/R-22-0173/MATTER ID: 21-1497 EFFECTIVE DATE June 24, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 6/24/2022 DATE RECEIVED FROM ISSUING DEPT. 6/24/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C * :\S1[1..111111 11 11 .e. a r 4411... l CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement Dept DEPT. CONTACT PERSON: Anthony Hansen/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Cummins Cederberq, Inc. EXT. 1895 IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO TOTAL CONTRACT AMOUNT: $1,541,109.66 FUNDING INVOLVED? ❑ YES I❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GRANT AGREEMENT ['INTER -LOCAL AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT ❑ LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Project Specific — RFQ 20-21-016 PURPOSE OF ITEM (BRIEF SUMMARY Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 — D2 COMMISSION APPROVAL DATE: 05/12/2022 FILE ID: 11934 ENACTMENT NO.: R-22-0173 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date R P ewed/bL B V DEPAinato NTA rty 15 TIQR ed Y g Y p Y June 1, 2022 QQ��}}rr��q {Signature/Print I "17:' DT 1—DocuSignedby: �"'^'''`.. K? `'q ina7gQ� pe—D°cuSigned •-89540EB73CAC468... by: in the Ceri fi cate of Authority. SUBMITTED TO RISK MANAGEMENT June 1, 2022 1 SUBMITTED TO CITY ATTORNEY MATTER ID # 21-1497 Pablo R. velez in behalf June 9, 2022 I of (6/9/22) tQQrJJa endeZ �: jl: EDT —27395C6318214E7... (-2°7" igned by: —� '-R� p I n APPROVAL BY BUDGET OFFICE Funding is available in 40-8193402A--7- June 13, 2022 �� ED F g �D1EFN edny:FE0457... LEM 6/13/22 APPROVAL BY ASSISTANT CITY MANAGER Fernando Casam 6E831796C5495... APPROVAL BY DEPUTY CITY MANAGER June 22 , 2022 Nzeribe Ihekwab I 09:49:28 ED Docusigned by: Nvilit, ltulwalia 5F9^3RAPE^0^58 RECEIVED BY CITY MANAGER June 22, 2022 I AIIIIXTOdegg Docu�igned by: Ar l Norit,la -8596r6C372DD12A... SUBMITTED TO AND ATTESTED BY CITY CLERK June 24, 2022 ITgc_droriDT DocuSignedby: 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT E46D7560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 22173 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 — D2 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — ❑ City Commission — RESOLUTION No. R-22-0173 2. PROCUREMENT METHOD: 1 RFP/Q 0 ITB 0 SOLE SOURCE 0 PIGGY -BACK 0 PROFESSIONAL SERVICES UNDER $25,000 0 OTHER (Please explain): 3. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC. N/A 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? N/A IF YES, WHAT IS THE RESOLUTION NUMBER? N/A 5. WHAT IS THE SCOPE OF SERVICES? The Consultant shall provide interdisciplinary phase services and work with the City of Miami ("City") Office of Capital Improvements to complete the design and permit for coastal structures to be developed at the spoil island by the Dinner Key Marina to protect and make resiliency for the marina and the shore during a storm event satisfying the plan set forth in the Hazard Mitigation Plan ("HMP") by the Federal Emergency Management Agency ("FEMA"). 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? N/A 7. IS THE AWARDEE THE INCUMBENT? N/A 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? Project Specific 10.WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Evaluation Committee per Florida Statutes, Section 287.055 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 - D2 Project Specific Cummins Cederberg, Inc. TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5 ARTICLE 2 GENERAL CONDITIONS 7 2.01 TERM 7 2.02 SCOPE OF SERVICES 7 2.03 BALL BUSIINESS ENTERPRISE r«ST ) PARTICIPATION REQ III REMENTS _ NOT ADD ABLE .7 2.04 COMPENSATION 7 ARTICLE 3 PERFORMANCE 7 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 8 3.03 CONSULTANT KEY STAFF 8 3.04 TIME FOR PERFORMANCE 8 3.05 STANDARD OF CARE 8 ARTICLE 4 SUBCONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 9 ARTICLE 5 DEFAULT 9 5.01 GENERAL 9 5.02 CONDITIONS OF DEFAULT 9 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 9 ARTICLE 6 TERMINATION OF AGREEMENT 9 6.01 CITY'S RIGHT TO TERMINATE 9 6.02 CONSULTANT'S RIGHT TO TERMINATE 10 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 10 ARTICLE 7 DOCUMENTS AND RECORDS 10 7.01 OWNERSHIP OF DOCUMENTS 10 7.02 DELIVERY UPON REQUEST OR CANCELLATION 10 7.03 RE -USE BY CITY 10 7.04 NONDISCLOSURE 11 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 11 7.06 E-VERIFY 11 ARTICLE 8 INDEMNIFICATION 12 ARTICLE 9 INSURANCE 12 9.01 COMPANIES PROVIDING COVERAGE 12 9.02 VERIFICATION OF INSURANCE COVERAGE 12 9.03 FORMS OF COVERAGE 13 9.04 MODIFICATIONS TO COVERAGE 13 ARTICLE 10 MISCELLANEOUS 13 10.01 AUDIT RIGHTS; INSPECTION 13 10.02 ENTIRE AGREEMENT 14 10.03 SUCCESSORS AND ASSIGNS 14 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 14 10.06 NOTICES 14 10.07 INTERPRETATION 15 10.08 JOINT PREPARATION 15 10.09 PRIORITY OF PROVISIONS 15 10.10 MEDIATION - WAIVER OF JURY TRIAL 16 10.11 TIME 16 Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 RFQ 20-21-016 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.12 COMPLIANCE WITH LAWS 16 10.13 NO PARTNERSHIP 16 10.14 DISCRETION OF DIRECTOR 16 10.15 RESOLUTION OF CONTRACT DISPUTES 17 10.16 INDEPENDENT CONTRACTOR 17 10.17 CONTINGENCY CLAUSE 17 10.18 THIRD PARTY BENEFICIARY 17 10.19 ADDITIONAL TERMS AND CONDITIONS 17 10.20 SEVERABILITY 18 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 18 10.22 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS 18 ATTACHMENT A - SCOPE OF WORK 27 ARTICLE Al GENERAL 27 A1.01 SCOPE OF SERVICES 27 A1.02 WORK ORDERS 27 A1.03 PAYMENTS 27 ARTICLE A2 OVERVIEW OF PROJECT SERVICES 27 A2.01 DEVELOPMENT OF OBJECTIVES 28 A2.02 SCHEMATIC DESIGN 28 A2.03 DESIGN DEVELOPMENT 28 A2.04 CONSTRUCTION DOCUMENTS 28 A2.05 BIDDING AND AWARD OF CONTRACT 28 A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT 28 A2.07 TIME FRAMES FOR COMPLETION 28 ARTICLE A3 ADDITIONAL SERVICES 28 A3.01 GENERAL 28 A3.02 EXAMPLES 28 A3.03 ADDITIONAL DESIGN 29 ARTICLE A4 REIMBURSABLE EXPENSES 29 A4.01 GENERAL 29 A4.02 SUBCONSULTANT REIMBURSEMENTS 29 ARTICLE A5 CITY'S RESPONSIBILITIES 30 A5.01 PROJECT AND SITE INFORMATION 30 A5.02 CONSTRUCTION MANAGEMENT 30 SCHEDULE Al - SUBCONSULTANTS 31 SCHEDULE A2 - KEY STAFF 31 ATTACHMENT B - COMPENSATION AND PAYMENTS 32 ARTICLE B1 METHOD OF COMPENSATION 33 B1.01 COMPENSATION LIMITS 33 B1.02 CONSULTANT NOT TO EXCEED 33 ARTICLE B2 WAGE RATES 33 B2.01 FEE BASIS 33 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 33 B2.03 MULTIPLIER 33 B2.04 CALCULATION 33 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 34 B2.06 ESCALATION 34 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 34 B3.01 LUMP SUM 34 B3.02 HOURLY RATE FEES 34 B3.03 REIMBURSABLE EXPENSES 34 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 35 B3.05 FEES FOR ADDITIONAL SERVICES 35 B3.06 PAYMENT EXCLUSIONS 35 B3.07 FEES RESULTING FROM PROJECT SUSPENSION 35 ARTICLE B4 PAYMENTS TO THE CONSULTANT 35 B4.01 PAYMENTS GENERALLY 35 B4.02 FOR COMPREHENSIVE BASIC SERVICES 36 B4.03 BILLING - HOURLY RATE 36 B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 36 B4.05 DEDUCTIONS 36 ARTICLE B5 REIMBURSABLE EXPENSES 36 B5.01 GENERAL 36 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS 37 Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 37 B6.01 GENERAL 37 SCHEDULE B1 - WAGE RATES SUMMARY 38 SCHEDULE B2 - CONSULTANT INVOICE 39 END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Service Category Contract Type Consultant Consultant Office Location City Authorization Agreement Number Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 — D2 Project Specific (RFQ No. 20-21-016) Cummins Cederberg, Inc. 7550 Red Road, Suite 217, South Miami, FL 33143 Section 18-87, City of Miami Code 20-21-016 THIS PROFESSIONAL SERVICES AGREEMENT ("PSA" or "Agreement") made this 24th day of June in the year 2022 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and Cummins Cederberg, Inc., hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 20-21-016 on June 4, 2021, for the provision of Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 — D2 ("Services") and the Consultant's proposal ("Proposal"), in response thereto, was selected as the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents ("Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the Consultant in accordance with Section 287.055, Florida Statutes, (Consultants' Competitive Negotiation Act, hereinafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, including, without limitation, City Code Section 18-87, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.03 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. 1.04 Basic Services means those services designated as such in a Work Order. 1.05 City Commission means the legislative body of the City of Miami. 1.06 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.07 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks the Director as defined in Section 1.12. 1.08 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.09 Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. 1.10 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.11 Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). 1.12 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of the Office of Capital Improvements or their authorized designee. 1.13 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. 1.14 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant which must be corrected in order for the project to function or be built as intended. 1.15 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. 1.16 Notice to Proceed ("NTP") means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all conditions precedent have been met and/or directing that the Consultant may begin work on the Project. 1.17 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 1.18 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in Attachment A of this Agreement. 1.19 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.20 Program means the City's multi -year Capital Improvements and Transportation Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.21 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.22 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.23 Professional Services Agreement ("Agreement" or "PSA") means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Qualifications ("RFQ") and the Consultant's response thereto, the RFQ shall control. In the event of any conflict between the Consultant's response to the RFQ and this PSA, this PSA shall control. In the event of any conflict between this PSA and its attachments, this PSA shall control. 1.24 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. 1.25 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.26 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.27 Small Business Enterprise ("SBE") formerly referred to as Community Business Enterprise ("CBE"), means a firm that has been certified by Miami -Dade County, who will provide architectural, landscape architectural, engineering, or surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18-87. 1.28 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.29 Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.30 Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. 1.31 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.32 Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the Consultant. 2.02 SCOPE OF SERVICES The Consultant agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, Scope of Work, hereto, which is incorporated into and made a part of this Agreement. 2.03 SMALL BUSINESS ENTERPRISE ("SBE") PARTICIPATION REQUIREMENTS NOT APPLICABLE Prospective Firms must (shall) adhcrc to thc following requirements: 1) A. -sign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami Dade County as a Small Business Entcrprisc ("SBE"), formerly rcfcrrcd to as Community Business Enterprise ("CBE"), in good standing; 2) Place a specific emphasis on utilizing local small businc ccs from within thc City's municipal boundaries. For information on the SBE requirements, visit the Miami Dade County, Internal Services Department website at http://www.nniannidade.govIsmallbusinc-c/certification programs.acp. Failure to adhcrc to thccc requirements will cause thc 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 $1,541,109.66 inclusive of Reimbursable Expenses and Owner's Contingency Allowances, 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 compensation limits of this Agreement, as it may be amended from time to time. The Work may never exceed the limitations provided in Section 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, for continuing contracts and other limitations on compensation, as applicable. 2.04-2 Payments Unless otherwise specifically provided in Attachment B, Compensation and Payments, payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. If the Consultant is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Schedule B2 - Consultant Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said another person or firm. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants, or any personnel of any such Subconsultants engaged by the Consultant to provide and perform Services or Work pursuant to the requirements of this Agreement. The Consultant shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the Consultant. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that the Consultant was selected by the City, in part, based on qualifications of particular staff identified in the Consultant's response to the City's solicitation, hereinafter referred to as "Key Staff." The Consultant shall ensure that Key Staff are available for Work upon request from the City, as long as said Key Staff is in the Consultant's employ. The Consultant will obtain prior written approval from the Director or their designee to change or add to Key Staff. The Consultant shall provide Director, or their designee with information required to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for the individual's ability to perform. 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such extension of time shall not be cause for any claims by the Consultant for additional compensation or for any damages. 3.05 STANDARD OF CARE Consultant is solely responsible for the technical accuracy and quality of their Services. Consultant shall perform all Services in compliance with Florida Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. Consultant shall perform due diligence, in accordance with industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by the Consultant under this Agreement. Consultant shall correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications, or other Services without additional compensation. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its surveys, maps, designs, drawings, specifications or other Services. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.28, Subconsultant is a firm that was identified as part of the consulting team during the competitive selection process by which the Consultant was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, Schedule Al - Subconsultants attached hereto and incorporated herein by reference. 4.01-2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the Consultant to furnish unique and/or specialized professional 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. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add to, modify, or change the Subconsultants listed in Attachment A, Schedule Al without prior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the Consultant fails to comply with any term or condition of this Agreement or any other Agreement it has with the City, or fails to perform any of its obligations hereunder, then the Consultant shall be in Default. If Consultant is given notice of default and does not cure such default in accordance with section 5.03 of this Agreement, the City, in addition to all remedies available to it by law, may immediately, without further notice to the Consultant, terminate this Agreement whereupon no further amounts shall be payable to Consultant all payments, advances, or other compensation paid by the City to the Consultant while the Consultant was in default shall be immediately returned to the City. The Consultant understands and agrees that termination of this Agreement under this section shall not release the Consultant from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the Consultant shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the Consultant until such time as the actions giving rise to default have been cured. 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The Consultant fails to obtain or maintain the professional engineering certification/ licensure, insurance or bonding herein required. 5.02-2 The Consultant fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-3 The Consultant fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE The City, through the Director or designee, shall provide written notice to the Consultant as to a finding of Default, and the Consultant shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the Consultant provides written justification deemed reasonably sufficient. If the Default has not been corrected by the Consultant within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the Consultant be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. 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 Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 accordance with provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by the Consultant until all documentation is delivered to the Director or designee. 6.01-1 The Consultant shall have no recourse or remedy from any termination made by the City except to receive and retain the fees, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge or entitlement it may have, or will, have against the City, its officials or employees. The Consultant has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the Consultant specifying the City's breach of its duties under this Agreement. Consultant shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the Consultant the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS All tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies (Deliverables), will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the Consultant at any time. The Consultant shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION Failure by the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the City, shall be just cause for the City to withhold payment of any fees due the Consultant until the Consultant delivers all such documents. The Consultant shall have no recourse from these requirements. 7.03 RE -USE BY CITY It is understood that all Consultant Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other Consultant work products, at the City's sole option, and, by virtue of signing this Agreement, the Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement for the current Project. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 7.04 NONDISCLOSURE To the extent allowed by law, the Consultant agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the Consultant hereunder, and the Consultant shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The Consultant shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS ("OCI") WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE 8 INDEMNIFICATION The Consultant shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of services under this Contract. Consultant shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries or damages arising or resulting from the work, unless it is alleged that the City, its officials and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, against any and all claims of liability and all claims, suits and actions of every name and description which may be brought against the City, in connection with services performed by the Consultant or persons employed or utilized by Consultant. This indemnity, hold harmless and duty to defend, shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly , preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. The Consultant shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated, either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant or Subconsultant under this Agreement. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. ARTICLE 9 INSURANCE The Consultant shall not start Services under this Agreement until the Consultant has obtained and provided to the City all insurance required hereunder and the City's Risk Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. All companies shall have a Florida resident agent and be rated at least A(X), in accordance with A.M. Best Company's Key Rating Guide, latest edition. 9.02 VERIFICATION OF INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the Procurement Department and Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount, and Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 classification required by these provisions, and in accordance to Insurance Exhibit C contained herein. The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. The Consultant shall furnish copies of insurance policies pertaining to this Agreement to the Procurement Department and Risk Administrator within ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03-1 Commercial General Liability and Automobile Liability The Consultant shall maintain commercial general liability coverage written on a primary and non- contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalence. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-2 Business Automobile The Consultant shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-3 Professional Liability Insurance The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of $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 (1) year after completion of the construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 9.03-4 Worker's Compensation Insurance The Consultant shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $500,000.00 each occurrence. 9.03-5 Subconsultant Compliance The Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.03-6 Umbrella Liability The Consultant shall provide umbrella liability coverage in the amount of $1,000,000 each occurrence, $1,000,000 aggregate. The City shall be listed as an additional insured, coverage is excess over the general liability and auto policies. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the Consultant in accordance with Article 10.06, Notices, herein. The Consultant shall comply with such requests unless the insurance coverage is not then readily available in the national market, and may request additional consideration from the City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code are applicable to this Agreement and are deemed as being incorporated by reference herein. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the Consultant without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the Consultant, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The Consultant's services are unique in nature and any assignment, sale transference without City Commission approval shall be cause for the City to terminate this Agreement. The Consultant shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The Consultant and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the Consultant shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of the Consultant's duties to indemnify the City under Article 8, Indemnification, herein where the Consultant shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega V City Manager Office of the City Manager, City of Miami 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: ANoriega@miamigov.com Phone: 305-416-1025 Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 Annie Perez, CPPO Director Department of Procurement, City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerez@miamigov.com Phone: 305-416-1910 Victoria Mendez City Attorney Office of the City Attorney, City of Miami 444 SW 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: VictoriaMendez@miamigov.com Phone: 305-416-1832 With Copies to: Angel R. Carrasquillo, PE Director Office of Capital Improvements, City of Miami 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: ACarrasquillo@miamigov.com Phone: 305-416-1236 For Consultant: Jason Cummins, M.SC, PE Principal Cummins Cederberg, Inc. 7550 Red Road, Suite 217 South Miami, Florida, 33143 Email: JCummins@cumminscederberg.com Phone: 305-741-6155 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the Consultant and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and /or construction of the subject project(s), and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The Consultant agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. Consultant shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The Consultant represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12-1 Non -Discrimination The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the Consultant's performance under this Agreement on account of race, color, gender, 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. 10.12-2 OSHA Compliance The Consultant warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The City reserves the right to refuse the Consultants access to City property, including project jobsites, if the Consultants employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non-compliance with safety regulations is exhibited by the Consultant. 10.12-3 ADA Compliance The Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, the Consultant shall take affirmative steps to insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The Consultant has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 10.15 RESOLUTION OF CONTRACT DISPUTES The Consultant understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the Consultant to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the Consultant and the Project Manager fail to resolve the dispute the Consultant shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of OCI shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Director of OCI fail to resolve the dispute the Consultant shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Upon receipt of said notification, the Director of Procurement, shall review the issues relative to the dispute and issue a written finding. The Consultant must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the Consultant. Appeal to the City Manager for their resolution, is required prior to the Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The Consultant has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the Consultant shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the Consultant and agrees to provide workers' compensation insurance for any employee or agent of the Consultant rendering services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the Consultant and the Consultant has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The Consultant and the City agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the project(s), no additional terms or conditions, which materially or substantially vary, modify or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 10.22 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS a. Equitable Adjustment 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. 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, 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. 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 Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Contractor shall use the Federal Wages reflected in Wage General Decision Number FL 180260 01/12/2018 FL260 in developing its proposal for this 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. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract 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 (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 (1) of this section, in the sum of $10 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 (1) of this section. 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 Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the 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 (2) of this section. 4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (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 the scope of work shall be billed at the Contractor's actual cost and will be passed on to the City without markup or any additional fees. The Contractor shall submit purchase receipt of parts along with the labor invoice for payment. The Contractor shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be 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 Jessica Lunsford Act, Florida Statue § 1012-32. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 J• The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Contractor shall provide Level Two (2) background screening results for all employees completing the work on park grounds. 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, 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, or national origin. Such action 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 employment without regard to race, color, religion, sex, or national origin. 3. 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. 4. 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. 5. 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. 6. 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. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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. 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. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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 Federal Government The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, 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) Contractor who 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, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that take place in connection with obtaining any federal award. Such disclosures are forwarded form tier to tier, and up to the recipient. Please refer to the "Certification Regarding Lobbying" attachment. It is MANDATORY for the Contractor to return this form signed along with their Proposal. p. Procurement of Recovered Materials 1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2. Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. 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 FEMA financial assistance will be used to fund this contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. q. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 s. Access to Records 1. The Contractor agrees to provide the City of Miami, (insert name of project manager), the FEMA Administrator, 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 FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. t. Suspension and Debarment 1. This contract is a covered transaction for 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) 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 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 Contractor 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 offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. 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 contractors 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 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. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, 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 135 regulations. 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 workers' representative of the contractors commitments under this section 3 clause and will post copies of the notice in conspicuous places at the work site where Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 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. 4. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and 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 CFR part 135. 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 135. 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 CFR pad 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 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). w. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) 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. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C 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: Signature Leonard Barrera Allen Print Name, Title ATTEST: Co - ultant Secretary (Affirm Consultant, Seal, if a ailable) ATTEST: ,—DocuSigned by: '— €46DZ56BDI6 -1459... Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: DocuSigned by: Fr' c Gbwiti5 nn'ITariegnarpe, Director Risk Management Department DocuSi CUMMINS CEDERBERG, INC., a Florida Profit Corporation Jason ummins, VP Print Name, Title CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: 111464e Navit, ne' by Arthur Noriega V, City Manager Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 APPROVED AS TO LEGAL FORM AND CORRECTNESS: (—DocuSigned by: _.F.A.En1s7... Victoria Mendez, City Attorney (Matter 21-1497) DS . RFQ 20-21-016 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Cummins Cederberg, Inc, a corporation organized and existing under the laws of the State of Florida held on the 1i day of March 2010 a resolution was duly passed and adopted authorizing (Name) Jason Cummins as (Title) VP of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHE = EOF, I have hereunto set my hand this2 day of , 20_ZZ Secretary: Print: r CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws , held on the _day of , a resolution was duly passed of the State of and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. 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 Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 RFQ 20-21-016 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT _ EXHIBIT 1 20 22-, by 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: STATE OF ;IQ►rl r c COUNTY OF lF 1lckrell The foregoing instrument was ton Lummths NOTARIZATION ) ) SS: acknowledged before me this 19i day of TkOi who is personally known to me r who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA (G.ClaSad5C7 Aglzoayl Notary Public State.nf Florida PRI NAM Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The Consultant shall provide Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406. The Consultant shall provide interdisciplinary services necessary to complete the design and permit for the coastal structures to be developed at the spoil island by the Dinner Key Marina to protect and make resiliency for the marina and the shore during a storm event. The Consultant shall provide full design and permitting services for the construction of the project, detailed field investigation, topographic survey, seagrass survey, uplands vegetation survey, geotechnical testing and reports, coastal engineering studies such as, design waves, water level, sea level rise, including level of risk of the proposed structures. A1.01 SCOPE OF SERVICES A1.01-1 The Consultant agrees to provide comprehensive Professional Services in accordance with all applicable laws, building and environmental regulations, including the Florida Building Code and the City of Miami, Florida, Code of Ordinances, and as set forth in this Agreement and further enumerated in a Work Order. Consultant may be required to perform all or some of the services described in this Agreement, depending on the needs of the City for the Project. The Scope of Services shall include, but are not limited to, complete planning and design services, programming, surveying, geotechnical, feasibility studies, options, evaluations, public meetings, irrigation, lighting, electrical, mechanical, plumbing, landscaping, parking analysis, detailed facility assessments, cost estimates, opinions of probable construction cost, permitting, preparation of bid and construction documents, review of work prepared by Sub -consultants and other consultants, field investigations and observations, construction contract administration, as -built documentation, and other related marine and coastal engineering services as needed to complete the Project. Consultant shall provide comprehensive marine and coastal engineering services for the Project for which Consultant was selected in accordance with Section 287.055 Florida Statutes, as amended, Consultants' Competitive Negotiations Act (CCNA). A more detailed version of scope of work is included in Exhibit A., "Consultant Work Order Proposal". A1.02 WORK ORDERS When OCI has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the Consultant based on the proposed Scope of Services provided to the Consultant in writing by the Director or designee. The Consultant and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The Consultant shall then prepare a Work Order Proposal following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents. The Director or designee may accept the Work Order Proposal as submitted, reject the Work Order Proposal, or negotiate revisions to the Work Order Proposal. Upon acceptance of a Work Order Proposal, OCI will prepare a Work Order that will be reviewed by OCI staff and the Director or designee. Upon approval, OCI will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. A1.03 PAYMENTS The City will pay the Consultant in accordance with provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the Consultant's time or services in connection with the preparation of any Work Order Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. ARTICLE A2 OVERVIEW OF PROJECT SERVICES Consultant agrees to provide complete marine and coastal engineering services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances. Consultant shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. Consultant shall submit one (1) electronic set of all documents and seven (7) copies of documents required under Article A2, without additional charge, for review and approval by the City. Consultant shall not Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 proceed with the next task of the Work until the documents have been approved, in writing, by City, and an Authorization to Proceed with the next task has been issued by City. Consultant is solely responsible for the technical accuracy and quality of their Work. Consultant shall perform all Work in compliance with Chapter 471 of the Florida Statutes and Rules 61G15-18 through 61G15-37 of the Florida Administrative Code. Consultant shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of design. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all design, drawings, specification, and other Services furnished by the Consultant under this Agreement. Consultant shall, without additional compensation, correct or revise any errors, omissions, and/or deficiencies in its designs, drawings, specifications or other Services. Consultant shall also be liable for claims for delay costs, and any increased costs in construction, including but not limited to additional work, demolition of existing work, rework, etc., resulting from any errors, omissions, and/or deficiencies in its designs, drawings, specifications or other Services. A2.01 FEASABILITY STUDY Please refer to Exhibit A, "Consultant Work Order Proposal". A2.02 SCHEMATIC DESIGN Please refer to Exhibit A, "Consultant Work Order Proposal". A2.03 DESIGN DEVELOPMENT Please refer to Exhibit A, "Consultant Work Order Proposal". A2.04 CONSTRUCTION DOCUMENTS Please refer to Exhibit A, "Consultant Work Order Proposal". A2.05 BIDDING AND AWARD OF CONTRACT Please refer to Exhibit A, "Consultant Work Order Proposal". A2.06 ADMINISTRATION OF THE CONSTRUCTION CONTRACT Please refer to Exhibit A, "Consultant Work Order Proposal". A2.07 TIME FRAMES FOR COMPLETION The following time frames are sequential from the date of the NTP. A concurrent project timeline is attached as Schedule A5. Feasibility Study Schematic Design Design Development 50% Construction Documents 100% Construction Documents Dry — Run Permitting Bidding and Award of Construction Contract Construction Contract Administration 180 days 60 days 90 days 60 days 60 days 60 days 60 days 365 days ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL Services categorized below as "Additional Services" may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. A3.02 EXAMPLES Except as may be specified in Schedule A herein, Additional Services may include, but are not limited to the following: Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 A3.02-1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. A3.02-2 Specialty Design: Any additional special professional services not included in the Scope of Work. A3.02-3 Pre -Design Surveys & Testing: Environmental investigations, site evaluations, or comparative studies of prospective sites. Surveys of the existing structure required to complete as -built documentation are not additional services. A3.02-4 Extended Testing & Training: Extended assistance beyond that provided under Basic Services for the initial start-up, testing, adjusting and balancing of any equipment or system; extended training of City's personnel in operation and maintenance of equipment and systems, and consultation during such training; and preparation of operating and maintenance manuals, other than those provided by the Contractor, sub -contractor, or equipment manufacturer. A3.02-5 Major Revisions: Making major revisions to drawings and specifications resulting in or from a change in Scope of Work, when such revisions are inconsistent with written approvals or instructions previously given by City and are due to causes beyond the control of Consultant (Major revisions are defined as those changing the Scope of Work and arrangement of spaces and/or scheme and/or any significant portion thereof). A3.02-6 Expert Witness: Preparing to serve or serving as an expert witness in connection with any mediation, arbitration or legal proceeding, providing, however, that Consultant cannot testify against City in any proceeding during the course of this Agreement. A3.02-7 Miscellaneous: Any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural/engineering practice related to construction. A3.03 ADDITIONAL DESIGN The City may, at its option, elect to proceed with additional services relating to the Project. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the Consultant and the Subconsultant for the purposes listed below. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. A4.01-1 Communications Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between the Consultant's various permanent offices and Subconsultants. The Consultant's field office at the Project site is not considered a permanent office. Cell phones will not be considered as reimbursable expenses under this agreement. A4.01-2 Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant's part of the work, set forth in this Agreement. A4.01-3 Geotechnical Investigation: Identifiable Soil Borings and Reports and testing costs approved by the Project Manager. A4.01-4 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the Consultant. A4.01-5 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. A4.01-6 Other: Items not indicated in Article A4, Reimbursable Expenses, when authorized by the Project Manager. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, may furnish Consultant with the information described below, or, if not readily available, may authorize Consultant to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. Consultant shall recommend necessary tests to City. A5.01-3 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program pursuant to Article A2.02, Schematic Design. A5.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. Consultant must still perform field investigations as necessary in accordance with Article A2.01, Development of Objectives, to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-5 Reliability: The services, information, surveys and reports described in Articles A5.01-1 through A5.01-4 above, shall be furnished at City's expense, and Consultant shall be entitled to rely upon the accuracy and completeness thereof, provided Consultant has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. A5.02 CONSTRUCTION MANAGEMENT A5.02-1 During construction, Consultant and the Project Manager shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction work by the Contractor. A5.02-2 If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other nonconformance with the contract during construction, City shall give prompt notice thereof to Consultant. END OF SECTION REMAINDER OF PAGE INTENTIONALLYY LEFT BLANK Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD AECOM Technical Services, Inc. Environmental Engineering NV5, Inc. Geotechnical APTIM Environmental and Infrastructure, LLC Environmental Engineering DHI Water & Environmental Coastal Advisor Basulto & Associates, Inc. Mechanical, Electrical, and Plumbing Services 300 Engineering Group, P.A. Civil Engineering Services Curtis + Rogers Design Studio, Inc. Landscape Architecture SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION Jason Cummins, P.E. Project Manager Jannek Cederberg, P.E. Lead Marine and Coastal Engineer Jason Taylor, P.E. Lead Structural Engineer Vik Kamath, P.E. Lead Environmental Engineer Danielle Irwin, CFM, PWS, LEED AP, WEDG Adaptation Specialist Rene Basulto, P.E. Senior Mechanical, Electrical, and Plumbing Engineer Michael Lowiec, PSM Professional Surveyor and Mapper Mariana Boldu, RLA, ASLA, LEED AP, WEDG Lead Landscape Architect Jordan P. Cheifet, P.E., CFM Senior Coastal and Marine Engineer Leonard Barrera Allen, P.E., WEDG Coastal Engineer Penny Cutt Senior Marine Scientist and Environmental Permitting Gina Chiello, WEDG Senior Marine Scientist and Environmental Permitting Christie Hurley, WEDG Marine Scientist Rebecah Delp, MPS, WEDG Marine Scientist Trisha Stone, PWS Senior Marine Scientist Jessica Rakich, El Coastal Engineer Sahar Haddadian, El Coastal Engineer Colton Manning, El Coastal Engineer Jon Cunningham, El Marine Engineer Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 RFQ 20-21-016 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 SCHEDULE A2 — KEY STAFF (Continued) NAME JOB CLASSIFICATION Geoffrey Parker, P.E. Senior Marine and Coastal Engineer Anne E. Laird Marine Scientist Caroline Jasperse Marine Biologist Francesa Fourney Marine Scientist Katie Britt Williams Grant Funding and Policy Garfield Wray, P.E., DGE Geotechnical Manager Jeffrey Andrews, PSM, CH Surveyor and Mapper Charles T. Yost Electrical Engineer Franklin A. Torrealba, P.E., ENV SP Civil and Environmental Engineer Josh van Berke! Coastal Engineering Advisor Danker Kolijn Coastal Engineering Advisor Tom Foster Coastal Engineering Advisor REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. a) A Lump Sum as defined in Article B3.01, Lump Sum. b) An Hourly Rate as defined in Article B3.02, Hourly Rate Fees, and at the rates set forth pursuant to the same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the Consultant, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Manager or City Commission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the Consultant's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 - Wage Rates Summary incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the Consultant and Subconsultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B2.02 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 - Wages Rates Summary identifies the professions, job categories and/or employees expected to be used during the term of this Agreement. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a maximum multiplier of 2.9 for home office and 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. Said multiplier is intended to cover the Consultant employee benefits and the Consultant's profit and overhead, including, without limitation, office rent, local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, stenographic, administrative and clerical support, other employee time or travel and subsistence not directly related to a project. B2.04 CALCULATION Said Wage Rates are to be utilized by the Consultant in calculating compensation payable for specific assignments and Work Orders as requested by the City. The Consultant shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the Consultant costs including, without limitation, employee fringe benefits (e.g. sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits), and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. B2.06 ESCALATION There shall be no escalation clause as part of this Agreement. ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the Consultant and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance. B3.01-3 Lump Sum compensation shall be calculated by Consultant, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require Consultant, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 CONDITIONS FOR USE Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man- hours, or milestones for a Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the Consultant. B3.05 FEES FOR ADDITIONAL SERVICES The Consultant may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A4 and B3.03 respectively, may be applicable. The Consultant shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at https://www.miamigov.com/Government/Departments-Organizations/Office-of- Capital-Improvements. The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.05-1 Determination of Fee The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the Consultant will apply the multiplier of one (1.0) times the amount expended by the Consultant. B3.06 PAYMENT EXCLUSIONS The Consultant shall not be compensated by the City for revisions and/or modifications to drawings and specifications, for extended construction administration, or for other work when such work is due to errors or omissions of the Consultant as determined by the City. B3.07 FEES RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the Consultant shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the Consultant's further compensation shall be subject to renegotiations. ARTICLE B4 PAYMENTS TO THE CONSULTANT B4.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the Consultant. The Consultant shall utilize the City's Invoice Form, which can be found on the OCI website at https://www.miamigov.com/Government/Departments-Organizations/Office- of-Capital-Improvements. Failure to submit invoice(s) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B4.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B4.03 BILLING — HOURLY RATE Invoices submitted by the Consultant shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the Consultant shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The Consultant shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.05 DEDUCTIONS No deductions shall be made from the Consultant's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. ARTICLE B5 REIMBURSABLE EXPENSES B5.01 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Work as identified in the Work Order (as Basic Services and/or Additional Services) and consist of actual expenditures made by the Consultant and the Consultants' employees, the Subconsultants, and the Specialty Subconsultants in the interest of the Work for the purposes identified below: B5.01-1 Transportation: Transportation shall not be considered as reimbursable expenses under this Agreement. B5.01-2 Travel and Per Diem: Travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. B5.01-3 Communication Expenses: Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between Consultant and Subconsultants. B5.01-4 Reproduction, Photography: Cost of printing, reproduction or photography, beyond that which is required by or of the Consultant to deliver services, set forth in this Agreement. All reimbursable expenses must be accompanied by satisfactory documentation. B5.01-5 Permit Fees: All Permit fees paid to regulatory agencies for approvals directly attributable to the Project. These permit fees do not include those permits required to be paid by the construction Contractor. B5.01-6 Surveys: Site surveys and special purpose surveys when pre -authorized by the Project Manager. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 B5.02 REIMBURSEMENTS TO THE SUBCONSULTANTS Reimbursable Subconsultant's expenses are limited to the items described above when the Subconsultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to all budgetary limitations of the City and requirements of Article B5, Reimbursable Expenses, herein. ARTICLE B6 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B6.01 GENERAL It is understood that all Consultant agreements and/or work Orders for new work will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, by virtue of signing this agreement they agree to a re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C 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 Office Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) Principal* $62.50 Project Director $62.50 $181.25 $150.00 Senior Project Manager $48.08 $139.43 $115.39 Project Manager $37.50 $108.75 $90.00 Senior Scientist $43.27 $125.48 $103.85 Project Scientist $34.62 $100.40 $83.01 Associate Scientist II $26.44 $76.68 $63.46 Senior Engineer $55.29 $160.34 $132.70 Project Engineer $48.56 $140.82 $116.54 Associate Engineer II $37.50 $108.75 $90.00 Senior Designer $35.10 $101.79 $84.24 Clerical $18.27 $52.98 $43.85 (*) Flat rate, no multipliers applied. Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (As Amended) CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his/her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officers or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form, LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that II subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, Cummins Cederberg, Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31, U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor/Contractor's Authorized Official / (IL — Name and Title of Cont or/Contractor's Authorized Official Jannek Cederberg, President Date: 07/16/2021 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PROFESSIONAL SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B2 - CONSULTANT INVOICE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS iOClj CONSULTANT STANDARD INVOICE To: ATTN Front: NOTE: City a1 miaT office a Capita In p o erer-a i OCI; 444 SW 2rIA Avenue - FPoDr MMiami, FL 33130 •1-vvokaa nc.hrd r,.a l 2.IE I'N nil ba a1.npad nth dra hul Saa nom Data Itirao from arm..er t. ovoid Pr rm-1 dos/ Lad, arm co mak oo .pride =7 .• 2,rgro cl n.. rar .a eaopvre Mach .opop-w a.dr.._ 6_c..r...1• E ..oh .r.co wlant fao r21 oLrlod o-sou lo !Inc... oa Hr_-nter: Ir-.olx a37e: Mmt11o0,I1ID Page: 7Y+:Ice .i. : From: Contrast Na.: COrdraot Title: Prc$. t NO.: Fr* ct Narne: PLmhxe Order No.: SERVICE CBNIRICTAMotM' %CCtlRERE Work Order No: Toc Mo9e7 CEI, DEI3a TOTAL EARNED TO DATE PREV1dtISLY NYYRCF 3 CIAIRENT A/J011E AMOUNT Berrrrnal Dery,jr ;ED; Croon D L,Ho arl8'I r, tC' 33% iwTu[dan DoeLe eia Hers( CD; Ecr 3cwTu rke Dc.. 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Carras^ullo, PE_ Dade RD_vivo! kr Paler. c FrOzs4W rq (Ewer1 DeforllY tl Marine and Coastal Engineering Services for RFQ 20-21-016 Dinner Key Marina Breakwaters Mitigation 406 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C CUMMINS I CEDERBERG Coastal & Marine Engineering CUMMINS CEDERBERG, INC. 7550 Red Road, Suite 217 South Miami, Florida 33143 305-741-6155 1 info@cumminscederberg.com CONSULTANT WORK ORDER PROPOSAL Date: February 28, 2022 Dear Mr. Hansen: Cummins Cederberg, Inc. (Consultant), in association with our team members, proposes to provide the services identified below for the project entitled "Marine and Coastal Engineering Services Dinner Key Marina Breakwater Mitigation", Project B-193402A, pursuant to its Professional Service Agreement with the City of Miami (City) for engineering and consulting services. I. GENERAL Dinner Key Marina, one of the largest public marinas on the east coast of US, is protected by spoil islands created in the early 1900's as a result of dredging activities associated with the creation of navigation channels and harbors in the vicinity. The area has a rich history, with the upland area being the former headquarters of the Pan Am Seaplane Terminal in the 1930's. The spoil islands have served to offer protection to the marina and surrounding community, including multiple City properties, such as the City Hall, which has a direct view of the islands. Following the impacts of Hurricane Irma in 2017, the spoil islands were inundated and sustained damage from the hurricane storm surge, hurricane related waves, and capsized vessels. Furthermore, Dinner Key Marina sustained damage from similar, related impacts and recently underwent significant repairs and restoration. With the increasing threat of future elevated sea levels and increasing threat of storm impacts to important City assets along the waterfront, the City is taking a proactive approach through RFQ-20-21-016 in requesting coastal and marine engineering services for the restoration, increase in resilience, additional storm protection of Dinner Key Marina, and enhanced recreational opportunities of the spoil islands. The proposed project includes funding from the Federal Emergency Management Agency (FEMA), related to damages sustained from Hurricane Irma in 2017. Negotiation meetings between Cummins Cederberg and the City were held on 9/23/21, 10/21/21, 1/6/22, 1/13/22, and 2/3/22. The focus of the meetings was to define the scope of work, considering the resilience, recreational aspects, additional storm protection, and potential additional funding opportunities of the proposed project. The final scope of work was developed to satisfy the FEMA requirements and incorporate comments provided by the City during the negotiation meetings. II. SCOPE OF WORK The following scope of work was developed to satisfy the plan set forth in the Hazard Mitigation Proposal (HMP) by the Federal Emergency Management Agency (FEMA) as it relates to the shoreline protection and storm mitigation plan consisting of the armoring of existing spoil islands and the construction of a new breakwater protecting Dinner Key Marina. The location of the proposed improvements was developed as set forth in the Concept Master Plan for the Dinner Key Marina Spoil Island Resiliency. Specifically, data collection, coastal engineering analyses, design, permitting, construction documents, construction administration and overall project management to implement the armoring within Island E (approximately 780 linear feet), armoring within Island D (approximately 1,200 linear feet), armoring of Island C (approximately 750 linear feet), and a breakwater north of Island C not to exceed a length of 350 linear feet are included in the scope (refer to Figure 1 for Island nomenclature). The island armoring is presently characterized with a crest elevation of +6 feet mean sea level (MSL) and a crest width of 10 feet atop polymeric marine mattress, however, this may be optimized based DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C on the results of the detailed coastal engineering analysis to improve protection. The new breakwater is presently characterized as an emerged breakwater, consisting of a core section atop polymeric marine mattress and encased in armor stone, with a crest elevation of +6 feet MSL, ridge span of 8 feet, and side slopes of 1.5:1 creating an approximate based width of 50 feet and an effective elevation of 14 feet above the existing seabed. Cummins Cederberg's scope of work, presented herein, details the required activities to investigate, design, permit and ultimately construct the presently proposed FEMA HMP scope of work or an optimized version approved by the City. The project is divided into two phases: Phase I and Phase II. Phase I includes the investigations, due diligence, engineering analyses, stakeholder outreach, and planning to reach conceptual designs for achieving the project goals. Phase II includes the detailed design, permitting, and construction support to execute the FEMA HMP scope of work. Island Legend • IslandA Island6 Island C ▪ Island ❑ ▪ Island E David: Kennedy ok Park Cd.51.5111'S I cpnr.nnrAc wrm.Cu.:.::: cde,t.m.o.n 0.125 0.25 0.5 Miles sin01933 20latosPkona Fbride Eag FIP& 0901 F1 US reap Scala: 1:7.293 0 1 :11 = 600 feat Figure 1. Island Nomenclature CIP Form 116 2 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C PHASE I: PROJECT MANAGEMENT, DATA COLLECTION, COASTAL ENGINEERING ANALYSES & CONCEPTUAL DESIGN 1. TASK 1 — PROJECT MANAGEMENT, MEETINGS, & SCHEDULE 1.01 KICKOFF MEETING The Consultant will attend a project kick-off meeting with the Project team and City staff to discuss the Project objectives and considerations, identify key team members, review the project scope and schedule, and discuss the overall project work plan, deliverables, and critical milestones. The Consultant will prepare a meeting agenda and meeting minutes for distribution to meeting attendees. Deliverable: Kickoff Meeting Agenda and Meeting Minutes. 1.02 PROJECT MANAGEMENT, PLAN, AND SCHEDULE The Consultant will develop a project management plan coordinating the interdisciplinary team taking part in the Project and establish communication protocols, general procedures, scheduling, and process standards. The plan will include a project schedule outlining the tasks for completion and the associated deliverables, and an organizational chart displaying task and subtask assignments. The Consultant will conduct project management of the tasks with its subconsultants, coordinate internally, and communicate progress with the City as required to carry out the project. Project duration is assumed to be 30 months. Deliverable: Project Management Plan and Schedule. 1.03 COORDINATION MEETINGS The Consultant will attend bi-monthly coordination meetings with City staff to discuss the project progress and other coordination activities for the duration of the project in person or by teleconference. The Consultant will provide an agenda, meeting minutes, and presentations as required. Project duration is assumed to be 30 months. Deliverable: Coordination Meeting Agendas and Meeting Minutes. 1.04 GRANT ADMINISTRATION SUPPORT The Consultant will provide grant administration support to the City's grants team including compiling existing available project information and attending up to four (4) meetings with the City's grants department, in person, by teleconference, or by video conference, including preparation of exhibits, under this task. 2. TASK 2 — DATA COLLECTION, COASTAL ENGINEERING ANALYSES, & CONCEPTUAL DESIGN 2.01 DATA COMPILATION & SITE ASSESSMENTS 2.01-1 Existing Data Compilation & Processing The Consultant will compile publicly available data within the project area, including topographic and bathymetric data, winds, waves, currents, geotechnical data, historical storm surge data, engineering documents, and other sources of data. This data will be reviewed by the Consultant to support the conceptual planning and layout of the Project. The compiled and processed topographic and bathymetric data will be used to develop a Digital Elevation Model (DEM) of the project area, which will be used to evaluate the existing conditions relative storm surge, tidal, and project sea level rise water levels. The DEM will be used to support the numerical modeling of both the existing conditions and the proposed conceptual layouts. 2.01-2 Site Assessments The Consultant will conduct an on -site assessment of each spoil island to visually evaluate the conditions within the spoil islands. Specifically, observations will be made of the existing topography and bathymetry, shoreline configuration, shoreline stabilization, vegetation, sediment transport, and wind and wave conditions. CIP Form 116 3 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C Consultant will capture aerial photography of the shorelines, nearshore, and adjacent upland area at the spoil islands. The aerial photography will be collected with a small, unmanned aircraft system (sUAS) at strategic locations and will be utilized as visual aids to support the planning and development of proposed improvements. 2.01-3 Recreational Opportunities & Amenities Assessment The Consultant will conduct an assessment of the existing and potential recreational opportunities and amenities on the island as it relates to the adjacent community and associated existing plans for the surrounding region. The existing amenities on each island will be tabulated and mapped along with its general condition, and the potential new recreational opportunities and amenities feasible for development on each island will be identified and detailed in a summary report. 2.01-4 Preliminary Environmental Resource Assessment The Consultant will conduct background research to identify potential vegetation and benthic habitat within the influence of the proposed Project. Available information, such as historical aerial photography, previous surveys in the area conducted by Miami -Dade County Department of Environmental Resources Management (DERM) and others, and knowledge from local institutions, will be reviewed. A pre -survey map showing historical distribution of benthic resources will be generated in order to identify ground-truthing areas for in situ assessment at the Project site. Once the initial background research has been completed, the Consultant will conduct a preliminary qualitative marine resource reconnaissance survey within the general Project area of the five islands to confirm the presence or absence of resources of significance (e.g., seagrasses, corals, mangroves). Surveying will include methodology that allows assessment of large-scale areas (e.g., towed -diver surveying or drop -video transects) to be supplemented with resource edge mapping using GPS-based equipment (e.g., Trimble or HYPACK) when suitable. Upland shoreline vegetation will be observed from a survey vessel as accessible. Surveying will include upland walkthroughs for parts of the islands that cannot be viewed from the survey vessel; drone aerial photography may also be utilized. General observation notes will be taken in the field and representative photographs will be taken. Data will be compiled and represented on a basemap and a brief description of site conditions will be provided in a summary report. The survey conducted under this task is for general planning/design purposes to understand environmental constraints and is not anticipated to provide enough detail for environmental permit processing. In addition, different environmental agencies recognize different seagrass growing seasons, with the narrowest window occurring between June 1st and September 30th. Depending on the magnitude and location of the proposed works, a more extensive seagrass survey, conducted in - season between June 1st and September 30th, will likely be requested by the environmental agencies for quantifying potential resource impacts if the initial survey is done outside of this window. Similarly, a wetland delineation and detailed tree survey will be required for permitting purposes and is outlined in the Design Phase below. 2.01-5 Mitigation Options Assessment The Consultant will conduct an assessment of potential mitigation options to offset anticipated impacts of benthic and coastal wetland/mangrove habitats associated with various levels of the proposed Project. Options such as upland water quality improvements, habitat creation, and seagrass planting or transplanting will be considered. The Consultant will discuss with the environmental regulatory agencies as to the availability, efficacy, precedence, and overall feasibility of mitigation options. An outline of mitigation options will be prepared including potential types and locations, precedent applications, credit ratios, and feasibility, as well as a summary of agency meetings. 2.01-6 Data Compilation & Site Assessment Memorandum The Consultant will prepare a Memorandum summarizing the above subtasks, inclusive of figures and graphics illustrating findings. Deliverables: Data Compilation & Site Assessment Memorandum. 2.02 COASTAL VULNERABILITY ANALYSES CIP Form 116 4 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C 2.02-1 Coastal Field Measurements The Consultant will conduct coastal field measurements in relation to the tidal variations at the Project site during both ebb and flood flow conditions to serve as a baseline condition. Instrumentation will be deployed for up to three (3) days to conduct measurements. The measurements will be utilized to gain a quantitative understanding of conditions at the Project site, as well as for the calibration and analysis of a numerical model. 2.02-2 Hydrodynamic Modeling — Calibration The Consultant will develop a detailed model domain utilizing the compiled topographic and bathymetric data. Numerical model simulations of the tidal hydrodynamics in the vicinity will be conducted for the existing conditions in order to analyze the flow characteristics. The MIKE21 Flow Model FM numerical model will be utilized. Due to the configuration of Biscayne Bay with smaller islands, channels, and shallow areas, a model domain larger than the actual project area is anticipated in order to more confidently resolve the coastal dynamics. The model is based on an unstructured flexible mesh, which accommodates the detailed modeling of channels, estuaries, and coastal settings in varying sizes and configurations. The model will be calibrated with the collected coastal field measurements. 2.02-3 Hurricane Design Conditions The Consultant will conduct a statistical analysis based on the National Oceanic and Atmospheric Administration's National Hurricane Center Atlantic hurricane database (HURDAT2) to determine the hurricane design conditions for the Project site. The HURDAT2 database contains six -hourly information on the location, maximum winds and central pressure of known tropical cyclones and subtropical cyclones in the Atlantic. The statistical analysis of the historical storm and hurricane track data will be used to determine the extreme conditions (i.e., 25-, 50-, and 100-year return periods) through an extreme probability analysis. Size and approach angles for hurricanes will be analyzed as these can significantly impact the storm surge and wave conditions. 2.02-4 Hurricane Numerical Modeling — Calibration The Consultant will establish a regional numerical hurricane model for the analysis of storm conditions at the Project site. The model will be based on the MIKE 21 Flow Model FM (HD) and the MIKE 21 Spectral Waves FM (SW) models. The two models will be coupled in order to simulate the interactions between the hydrodynamic and wave conditions resulting from the environmental forcing. The models are based on an unstructured flexible mesh, which accommodates large-scale modeling, as well as localized, detailed modeling. The coupled model will be calibrated using available historical storm events and data directly impacting the Project site (e.g., Hurricane Irma in 2017). 2.02-5 Hurricane Numerical Modeling The calibrated model will be utilized to simulate the hurricane design conditions determined in Task 2.02-3. Different approach directions for the hurricane design conditions will be considered in the simulations to determine the sensitivity of the Project site to storm track directionality. The results of the simulations will be used to identify vulnerable areas, obtain design parameters such as storm surge elevation, significant wave height, peak wave period, and current speeds. The results will also support the conceptual layout and analysis of the benefits of the Project implementation based on the potential damage reduction. 2.02-6 Wave Analysis and Modeling The Consultant will perform detailed wave modeling to evaluate the wave attenuation effects of existing island features and associated protection or exposure during normal and extreme conditions. The modeling will be conducted utilizing an advanced wave model (e.g., MIKE 21 Spectral Waves FM or MIKE 21 Boussinesq Wave numerical model). The models simulate wave shoaling, breaking, diffraction, reflection, and refraction at varying water depths. The results of the wave modeling will be used to identify vulnerable areas and support the conceptual layout of the proposed improvements. 2.02-7 Flushing Analysis CIP Form 116 5 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C The flushing of the Project area is mainly dictated by tidal exchange. The hydrodynamic model developed under Task 2.02-2 will be utilized to simulate tidal flow characteristics under normal conditions. The Consultant will conduct a flushing analysis based on the existing conditions to evaluate potential flushing impacts as a result of the Project. The dispersion module of the MIKE 21 Flow Model FM AD numerical model will be utilized to visually simulate the exchange of water at the Project area. The dispersion of an artificial dye will be simulated and the flushing time to exchange the majority of the water will be evaluated. Areas of low water circulation and/or stagnation will be identified to guide the conceptual design and subsequent concept testing. 2.02-8 Sea Level Rise Evaluation & Considerations The Consultant will consider the impacts of sea level rise (SLR) relative to the Project area. To satisfy requirements for the Resilient Florida Grant Program, the published NOAA Intermediate High and Intermediate Low SLR projections will be considered for the analysis. Two target years, 2040 and 2070, will be analyzed and included in the numerical simulations to understand the potential impacts from SLR. The impact of the Intermediate High and Intermediate Low scenarios on the Project area will be evaluated and recommendations on the design conditions for sea level rise considerations will be issued. 2.02-9 Coastal Vulnerability Analysis Report The Consultant will prepare a report summarizing the results of the costal vulnerability analyses conducted, including the coastal field measurements, hydrodynamic modeling, hurricane design conditions, hurricane numerical modeling, sea level rise evaluation, and the design parameters for the proposed project. The Coastal Vulnerability Analysis Report will include figures illustrating the results of the analyses. Deliverables: Coastal Vulnerability Analysis Report. 2.03 CONCEPTUAL DESIGN 2.03-1 Conceptual Layouts Based on the results of the coastal vulnerability analyses, the Consultant will develop conceptual plans showing the layout of proposed improvements. Three (3) conceptual plans will be developed, each with a different level of design and permitting effort. Specifically, the conceptual layouts will consider the budget, future improvements, expansions, and long-term goals for the region. The conceptual layouts will consider design amenities for the islands, as well as innovative concepts to increase the overall resilience and protection the islands offer to the region. The concepts will consider the following criteria: ■ Level of protection relative to storms and sea level rise over service life ■ Recreational Opportunities • Construction and maintenance costs ■ Impacts to marine resources and coastal wetlands ■ Permit feasibility • Potential phasing ■ Future adaptation for sea level rise and increased resilience ■ Stakeholder impacts and/or enhancements ■ Service life ■ Implementation Schedule ■ Grant Funding Opportunities Multiple options may be considered for each island such as vertical walls, both at and landward of the shoreline, rock breakwaters, and living shorelines. The concepts will be based on providing increased resiliency in both the short and long term, based on the anticipated design life of the type of structure. CIP Form 116 6 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C Adaptability of the proposed concept for future variations in projected water levels will be evaluated. In addition, consideration will be given to the feasibility of the concepts relative to local (i.e., Miami -Dade County), state (i.e., Florida Department of Environmental Protection [FDEP]), and federal (i.e., FEMA, U.S. Army Corps of Engineers [USACE]) guidelines and requirements. The concepts will include elements to maintain the use and feel for the community, in addition to robust engineered solutions to mitigate storm surge impacts. No conceptual cross -sections or illustrative renderings will be prepared to convey the conceptual plans. Deliverables: Three (3) Conceptual Layouts. 2.03-2 Numerical Modeling of Concepts & Benefit Determination The Conceptual layouts developed will be implemented into the calibrated hurricane numerical model. Simulations of storm conditions will be conducted to quantify the level of storm protection offered by each of the three (3) layouts. The reduction in storm impacts, such as storm surge, significant wave height, and current speeds will be documented and provided for comparison between the conceptual features. Existing conditions previously modeled will be compared with the numerical model simulation results of the three (3) proposed concepts. Deliverables: Project storm protection benefit determination summary report. 2.03-3 Cost Estimates The Consultant will prepare an Opinion of Probable Cost (OPC) for each of the three (3) concepts. The OPCs will be based on Consultant's best judgment as an experienced and qualified professional generally familiar with the industry. Final construction cost may vary. Recent unit price data for similar projects will be incorporated into the OPC. In addition to material costs, the OPC will incorporate line items relevant to the construction cost including mobilization, demobilization, as-built/layout surveys, site restoration, and environmental compliance. Quantities will be calculated based on the estimated quantities from the conceptual plans. The OPC will be broken on an island basis and further defined based on the overall plan footprint. Deliverables: Opinion of Probable Cost based on conceptual layouts. 2.04 REGULATORY REVIEW & DUE DILIGENCE 2.04-1 Pre -Application Meetings The Consultant will coordinate and participate in pre -application meetings with each of the environmental regulatory agencies that have jurisdiction over the Projects — the U.S. Army Corps of Engineers (USACE), Florida Department of Environmental Protection (FDEP), and Miami -Dade County DERM. The conceptual designs will be presented to the agencies. Consultant will present the design components pursuant to each agency's regulations and will solicit input as to the acceptability and/or concerns of various design elements. Meeting minutes documenting the discussions with each agency will be prepared and disseminated. Deliverables: Pre -Application Meeting Minutes. 2.04-2 Submerged Land Ownership & Riparian Rights Evaluation As portions of the Project may be located on submerged lands below the current mean high water line, Consultant will request a title determination from the FDEP Division of State Lands for each of the spoil islands to establish the adjacent submerged lands are not sovereign. The City will provide copies of available Deeds, Warranty Deeds, easements, covenants, and boundary surveys of the spoil islands. The City will supply Consultant with any existing submerged lands leases, easements, and deeds for any areas where such agreements exist. Coordination with the City regarding upland riparian owners and possible outreach to riparian owners on the mainland may be included under this task. Deliverables: Submerged Land Ownership & Riparian Rights Evaluation Memorandum. 2.05 OUTREACH & STAKEHOLDER INVOLVEMENT 2.05-1 Outreach Plan CIP Form 116 7 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C Consultant will develop a Project Outreach Plan to identify Project goals, create promotional materials, develop presentation materials, and prepare timelines. An initial meeting will be conducted between the Consultant and the City as well as other relevant City staff, to solicit input into the Project Outreach Plan. Initial outreach and education materials for the Project will be developed. A project template for social media, project updates, and flyers will be developed. Marina and island users are anticipated to be the focus of the outreach. Deliverables: Project Templates and Outreach Plan. 2.05-2 External Stakeholder Outreach The Consultant will conduct outreach interviews with each of the identified external stakeholders. Consultant will participate in up to eight (8) meetings, in person, by teleconference, or by video conference, including preparation of exhibits, under this task. The following stakeholders will be engaged: • Dinner Key Marina • City Hall • Miami -Dade County • Florida Inland Navigation District (FIND) • Coconut Grove Sailing Club • Shake -A -Leg Miami • Grove Harbour / Regatta Harbour • Monty's / Prime Marina Deliverables: External Stakeholder Outreach meeting minutes. 2.05-3 Public Workshop The Consultant will assist in the coordination and planning of a public workshop to share Project goals, educate the community on coastal protection infrastructure, and solicit early feedback. The audiences for and location of the Workshop will be coordinated with the City. Consultant will assist in the creation of promotional materials, however, the City will be responsible for the promotion of the workshops and finding the venue. Consultant will provide workshop outline, schedule, recommendations, and other pertinent information to the City to facilitate planning of the workshop. One (1) public workshop at a location to be provided by the City are included in this scope. The format for the workshop may be town hall style where the Consultant team and City staff will present the details of the planning effort and/or virtual. Community input will be solicitated from the public to provide an opportunity for the community to share concerns early in the process. Participant comments, materials presented, notes, and photos will be compiled and provided into a workshop summary report. Deliverables: Initial Public outreach flyer and infographic, workshop summary report 2.05-4 City Department Outreach The Consultant will coordinate, present, and facilitate discussions with the identified City departments as it relates to the proposed project. Consultant will participate in up to eight (8) meetings, in person, by teleconference, or by video conference, including preparation of exhibits, under this task. The following City entities will be engaged: • City of Miami (CoM) Office of Capital Improvements • CoM Resiliency • CoM Public Works • CoM Parks & Recreation • CoM Attorney's Office CIP Form 116 8 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C • CoM Department of Real Estate Asset Management • CoM Grants • CoM Commission Deliverables: City Department Outreach meeting minutes. 2.05-5 Project Updates Consultant will provide content for three (3) project updates on regular intervals based on the created template that can be shared with the general public, City staff, and City leadership during the Project. These updates will identify project progress, graphics, and promote a transparent process for the community and stakeholders. Deliverables: Three (3) Project updates, One (1) internal City meeting related to community outreach 2.06 GRANT RESEARCH 2.06-1 Research & Review of Eligible Grants Consultant will research and evaluate grant funding opportunities, timing, and budget for potentially available funds to assist in the design, permitting, and construction of storm surge mitigation, shoreline protection, living shorelines, boardwalks, walkways, parks, and other Project components as appropriate. Grants to be reviewed include, but will not be limited to, Florida Inland Navigation District, Building Resilient Infrastructure and Communities, Florida Resilient Coastlines Program Resilience Planning Grant, and NOAA Coastal Resilience Grants Program. PHASE II: DESIGN, PERMITTING, AND CONSTRUCTION ADMINISTRATION Following the data collection, coastal engineering analyses, and conceptual design, the Consultant will proceed to design and permit the approved conceptual layout to meet the HMP scope of work by FEMA as it relates to the shoreline protection and storm mitigation plan consisting of the armoring of existing spoil islands and the construction of a new breakwater protecting Dinner Key Marina. Specifically, the design, permitting, construction documents, and construction administration scopes will consider armoring within Island E (approximately 780 linear feet), armoring within Island D (approximately 1,200 linear feet), armoring of Island C (approximately 750 linear feet), and a breakwater north of Island C not to exceed a length of 350 linear feet . The island armoring is presently characterized with a crest elevation of +6 feet MSL and a crest width of 10 feet atop polymeric marine mattress, however, this may be optimized based on the results of the detailed coastal engineering analysis to improve protection. The new breakwater is presently characterized as an emerged breakwater, consisting of a core section atop polymeric marine mattress and encased in armor stone, with a crest elevation of +6 feet MSL, ridge span of 8 feet, and side slopes of 1.5:1 creating an approximate based width of 50 feet and an effective elevation of 14 feet above the existing seabed. 3. TASK 3 — DESIGN, PERMITTING, & CONSTRUCTION ADMINISTRATION 3.01 SITE INVESTIGATIONS 3.01-1 Topographic & Bathymetric Survey The Consultant shall prepare a specific purpose survey in CAD and PDF format including topographic and bathymetric data along transects spaced approximately 100-feet on center. Hydrographic data will extend along the transects to a minimum of 200-feet from the shoreline. Major infrastructure (floating docks, ramps, buildings, etc.) will be located. Rock revetments will be located on all Islands. The toe and landward edge of existing rock will be located at sufficient density to capture the extent of the rock present. Prior to the start of the survey, reconnaissance of published National Geodetic Survey and/or FDEP survey control monuments will be conducted. Real Time Kinematic Global Navigation Satellite System (RTK GNSS) and Static GNSS techniques will be utilized to establish temporary benchmarks (TBMs) if the existing survey control is disturbed or insufficient to cover the entire survey area. Horizontal and vertical positioning checks will be conducted at the beginning and end of each survey day. CIP Form 116 9 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C All positions will be collected in US survey feet relative to the North American Datum of 1983/2011 (NAD83/11). All vertical data will be collected in US survey feet relative to the North American Vertical Datum of 1988 (NAVD 88), Geoid 18. Hydrographic data will be collected using an Odom E20 sounder with digitizer on a vessel with a centrally located hull -mounted transducer. A Trimble RTK GNSS and a TSS DMS-25 dynamic motion sensor will be used onboard the survey vessel to provide instantaneous tide corrections as well as heave corrections. In order to maintain the vessel navigation along the profile lines, HYPACK navigation software will be used for real time navigation and data acquisition. The sounder will be calibrated with a sound velocity probe and conventional bar -check at the beginning and end of each survey day. A mean high water line survey will be collected along the shorelines of all islands. The Consultant will coordinate with the FDEP Department of State Lands for the Tidal Water Survey Approval as required by statute. Certified Mean High Water Line survey drawings will be submitted to the FDEP within 90 days of survey. Deliverables: Topographic and bathymetric survey map, certified by a registered Florida Surveyor and Mapper and a certified Mean High Water Line map. 3.01-2 Benthic Resources Survey The Consultant will provide a team of qualified marine scientists to conduct a quantitative marine resource survey to identify potential seagrasses, corals, or any other marine resource of significance along the submerged bottom within the proposed improvement boundaries in order to assess potential marine resource impacts. Data (e.g., species, percent coverage, and location of any marine resources observed) that is sufficient to satisfy environmental agencies will be collected on prepared underwater paper and representative photos will be taken. The data will be processed and illustrated on a basemap, which will include location and coverage of documented marine resources. A brief environmental survey report, including representative photographs, will be prepared summarizing the investigations. The different agencies recognize different seagrass growing seasons. FDEP recognizes a seagrass growing season of April 1st— October 31st, the USACE recognizes a seagrass growing season of June 1st — September 30th, and Miami -Dade County DERM accepts surveys from all year round. It is anticipated the survey will be conducted within the narrowest seagrass surveying season (June 1st — September 30th), to be accepted by all agencies. If the original biological assessment is performed outside of the FDEP/USACE season, then an additional survey may be required. A second seagrass survey is not included as part of this scope. Deliverables: Environmental Survey Report. 3.01-3 Geotechnical Investigation The Consultant will conduct a geotechnical investigation for the proposed improvements. The subsurface exploration and engineering analyses will provide the foundational recommendations for design and construction of the planned island improvements. The investigations will include up to two (2) offshore Standard Penetration Test (SPT) borings per island to a depth of 40 feet. Two (2) additional SPT borings will be conducted on -island to a depth of 15 feet. Up to two (2) field permeability tests will be conducted at the on -island boreholes tests to a depth of 15 feet below grade. The tests will be performed in general accordance with the South Florida Water Management District's Usual Open Hole Procedure. Prior to commencement of geotechnical investigations, Sunshine Once Call will be contacted for information pertaining to the location of underground utilities. An Engineering Report will be prepared providing: • Drawings showing boring locations, a boring summary of the subsurface conditions, and boring logs with detailed descriptions of the materials encountered. • Discussion of generalized subsurface conditions at the site including groundwater levels and hydraulic conductivities. • Evaluation from a geotechnical perspective of the suitability of the island for the proposed works. CIP Form 116 10 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C • Discussion of feasible foundation types for the proposed construction. • Design parameters for the recommended foundation types, including vertical and lateral load resistance. • Geotechnical soil parameters such as saturated unit weights, passive and active coefficients, internal friction angles, wall friction angles, cohesion. • Soil gradation analysis and testing. Deliverables: Geotechnical Engineering Report. 3.01-4 Tree Surve The Consultant will conduct an inventory of trees within the footprint of proposed construction activity using hand-held differential Global Positioning System (GPS) units. The Consultant will collect the following information and provide the information in tabular, hard copy map, and GIS shapefile format: tree number, species, diameter breast height class, canopy spread class, general health condition, defects, and maintenance/disposition recommendations. The GIS data will be utilized so that tree locations can be included in the permit application packages and construction plans. An arborist report is not included as part of this task. Deliverables: Tree Survey Map, table, and GIS shapefiles. 3.01-5 Archaeological Services Based on the Project's location within the Coconut Grove Archaeological Conservation area, archaeological phases for Phase I testing will be conducted by the Consultant to fulfill requirements of the City of Miami Historic Preservation Ordinance (Chapter 23). A Certificate to Dig Application and a shovel test report will be conducted. During the shovel testing, any uncovered cultural materials will be analyzed and catalogued, and the test hole location determined by GPS. A shovel test report including the description of the methodology, results, maps, and recommendations associated with the archaeological testing will be provided. Archaeological services are not anticipated during the construction phase and thus are not included as part of this scope of work. Deliverables: Shovel Test Report. 3.02 ENGINEERING & ARCHITECTURE DESIGN SERVICES 3.02-1 Coastal & Marine Structural Design The Consultant will conduct hydraulic and structural analyses for the proposed island improvements, such as rubble -mound structures (breakwaters), vertical structures (seawalls), and wave attenuation structures. The hurricane and wave analyses results will be utilized to determine design criteria for the coastal and marine improvements, anticipated to include wave loads and scour. The hydraulic analyses will include the determination of rock size, weight requirements, slope, and toe protection for rubble mound structures. Horizontal loads on piles and seawalls, as well as vertical uplift (wave slamming) forces will be evaluated based on the proposed design. 3.02-2 Landscape Architecture Planning & Design The Consultant will provide landscape architecture support and input for the removal and incorporation proposed vegetation on the islands. The services will include preparation of a disposition plan showing the existing vegetation to either remain, relocate, or remove, along with a planting plan showing the mitigation for removal of trees (if any) and new vegetation to be incorporated into the islands. The plan will include the area of new vegetation, type of vegetation, and quantity of plantings required. The elevations for each vegetation type will be designated, along with planting notes and maintenance notes for the proposed vegetation. An arborist report supporting the tree disposition plan will be prepared for submittal to the City of Miami for permitting. 3.02-3 Lighting Design The Consultant will prepare a lighting design package, specifically pertaining to navigation, as required for the proposed island improvements and proposed breakwater. The lighting design will be based on CIP Form 116 11 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F70FB-ADF6-4043-9983-056AEAC4AA1C solar photovoltaic (PV) fixtures. The lighting design will consider the location of the fixtures based on water levels, sun light exposure, and maintenance requirements. 3.03 SCHEMATIC DESIGN DRAWINGS The Consultant shall prepare Schematic Design drawings for the implementation of the selected conceptual design layout. The conceptual design alternative can be a combination of elements of different alternatives summarized into one concept/strategy. Consultant shall prepare and present, in writing and at an oral presentation, if requested, for approval by the City, a Schematics Report, comprising of Schematic Design Drawings, a Statement of Probable Construction Cost, Project Development Schedule, and Constructability Review reports. Deliverables: Schematics Report. 3.04 DESIGN DEVELOPMENT DRAWINGS The Consultant shall prepare Design Development drawings from the approved Schematic Design drawings. The Design Development drawings consist of the continued development and expansion of the Schematic Design drawings to establish the final scope, relationships, forms, size, and appearance of each element through: ■ Plan sections and elevations ■ Typical construction details ■ Final materials selection ■ Construction phasing plan Consultant shall prepare and present, in writing and at an oral presentation, if requested, for approval by the City, a Development Report comprising of Design Development Drawings, and an updated Statement of Probable Construction Cost, Project Development Schedule, and Constructability Review Report. Deliverables: Development Report. 3.05 PERMITTING & MITIGATION 3.05-1 DERM Class I Permit Application & Processing The Consultant will prepare and process a Miami -Dade County (DERM) Standard Form Class I Coastal Construction Permit Application, requesting authorization of the Project, pursuant to Chapter 24 of the Miami -Dade County Code. The Consultant will maintain contact with DERM to review plans and provide additional information. The City will provide the Consultant with a signed application form, contractor information, mitigation contributions, and application and permit fees (to be determined based on estimated construction cost). As the Project is anticipated to be inconsistent with Chapter 24 of the Miami -Dade County Code, this scope includes coordination and processing relative to Environmental Quality Review Board (EQCB) and Board of County Commissioners (BCC) approval, including; preparation of applications; coordination with the City of Miami for a letter of no objection, as they are the owner of the submerged land; attendance at one EQCB hearing and one BCC meeting; signed engineering and agent statements, and names and addresses of property owners within 300' for noticing purposes. 3.05-2 FDEP SWERP Individual Permit Application & Processing The Consultant will prepare and process a Statewide Environmental Resource Permit (SWERP) Application through the Florida Department of Environmental Protection (FDEP), requesting regulatory authorization of the proposed project, pursuant to Chapter 62-330, F.A.C. The Consultant will maintain contact with FDEP to review plans and provide additional information as requested. The City will provide the Consultant with a signed application form and processing fee (in an amount to be determined). 3.05-3 USACE Individual Permit Application & Processing The Consultant will prepare and process a Department of the Army Standard Permit Application with the U.S. Army Corps of Engineers (USACE) pursuant to Section 10 of the Rivers and Harbors Act and CIP Form 116 12 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C CIP Form 116 Section 404 of the Clean Water Act. The Consultant will maintain contact with the USACE to review plans and provide additional information. The City will provide the Consultant with a signed application form. 3.05-4 FWC FUWM Permit Application & Processing The Consultant will prepare and process a Florida Fish and Wildlife Conservation Commission (FWC) Florida Uniform Waterway Marker (FUWM) Application pursuant to 68D-23.104. The application will include appropriate exhibits and marker specifications. The City will provide a signed application form and fee. It is assumed these will not be lit markers and will not require the review and approval by the USCG. 3.05-5 USCG ATON Permit Application & Processing The Consultant will prepare and process a USCG Aids to Navigation (ATON). The application will include appropriate exhibits and illuminated marker specifications. The City will provide a signed application form and fee. 3.05-6 Mitigation Planning The Consultant will prepare impact assessments of the benthic and/or coastal wetland/mangrove habitats associated with the proposed project. Assessments will include preparation of the State of Florida Uniform Mitigation Assessment Method (UMAM) forms and development of a Mitigation Plan to offset functional loss of benthic or coastal wetland/mangrove areas. It is anticipated at least two mitigation concepts will be provided to the City for selection. 3.05-7 Biscayne Bay Shoreline Review Committee The Project may require review and approval by the Shoreline Development Review Committee (SDRC). The Consultant will prepare the application for review and processing by SDRC, if required. 3.05-8 City of Miami Building Department Permit Application & Processing The Consultant will prepare and process a City of Miami Building Department Application through the respective disciplines. Cummins Cederberg will maintain contact with the Building Department to review plans and provide additional information. The City will provide a signed and notarized application form. The Consultant will prepare plans and arborist report for the permitting and mitigation of upland trees as a result of the improvements. 3.06 CONSTRUCTION DRAWINGS The Consultant will prepare drawings in sufficient detail based on engineering design for submittal to the regulatory agencies, as well as ultimate construction. The drawings will incorporate technical specifications for the proposed work. Specific permit conditions can be incorporated into the plans as appropriate. The plans will be prepared in CAD format using industry standards for this type of construction. The Consultant will provide structural calculations for the design and subsequent building permit processing, as appropriate. The Consultant will produce 60%, 90%, and Final Construction documents for review and approval by the City, along with an updated Statement of Probable Construction Cost. Deliverables: 60%, 90%, and Final Construction Documents, and updated Statement of Probable Construction Cost. 3.07 BIDDING AND CONSTRUCTION ADMINISTRATION 3.07-1 Bid Documents Approval, Evaluation, & Award Upon obtaining necessary approvals of the Construction Documents from authorities having jurisdiction, and acceptance by the City of 100% construction documents and latest Statement of Probable Construction Cost, the Consultant shall assist the City in obtaining bids and preparing and warding the construction contract. The following scope is included under this task: • Attendance at one (1) on -site pre -bid meeting. • Review of bid package and/or bid forms as prepared by the City. • Responses to bidder requests for information. 13 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C • Review of bids: assist the City in bid review, evaluation, and award. 3.07-2 Construction Administration The Consultant will provide construction administration services for the City. The following scope is included under this task: • Attendance at on -site progress meetings and walkthroughs. • Shop drawing review, responses to Requests or Information (RFI's), and review of submittals. • Construction milestone inspections with field observation reports. • Up to twenty (20) site visits during active construction. • Review of pile driving logs and payment applications. • Environmental permitting compliance and support during construction. III. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the Derformance of the Work. Sub -Consultant Name Specialty or Expertise Curtis + Rodgers Landscape Architecture APTIM Topographic and Bathymetric Surveying 300 Engineering Civil Engineering NV5 Geotechnical Engineering Basulto & Associates Electrical Engineering DHI Numerical Modeling Archaeological and Historical Conservancy Archaeological Testing IV. SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below. A detailed task schedule is provided in Attachment 1. SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID # Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date* (cumulative weeks, or calendar days) Phase 1 Coastal Vulnerability Analysis & Conceptual Design 180 days NTP + 180 City Review 30 days NTP + 210 Phase II Schematic Design 90 days NTP + 300 Design Development Drawings, Permitting 120 days NTP + 420 Permitting, Construction Drawings, Bid Documents, Evaluation, and Award 450 days NTP + 870 Construction Administration 270 days NTP + 1140 'Phase II schedule contingent to the approval of the Conceptual design by the City within 30 days. *Permitting time is estimated, but is ultimately up to the regulatory agencies. * An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. CIP Form 116 14 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C V. COMPENSATION Consultant shall perform the Work detailed in this Proposal for a Total lump sum fee of one million five hundred forty-one thousand one hundred nine dollars and sixty-six cents ($1,541,109.66). The City shall not be liable for any fee, cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for concept renderings, cross -sections, and other work beyond FEMA's scope, Additional Services, and Reimbursable Expenses required in connection with the Work, which shall not exceed $258,282.00. Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION* Task, Sub - task, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis Phase I - Project Management, Data Collection, Coastal Engineering Analyses & Conceptual Design 1 Project Management, Meetings, and Schedule $150,648.27 Lump Sum 2.01 Data Compilation & Site Assessments $119,190.44 Lump Sum 2.02 Coastal Vulnerability Analyses $172,993.53 Lump Sum 2.03 Conceptual Design $169,544.85 Lump Sum 2.04 Regulatory Review & Due Diligence $17,089.00 Lump Sum 2.05 Outreach & Stakeholder Involvement $75,891.02 Lump Sum 2.06 Grant Research $8,393.41 Lump Sum Phase II - Design, Permitting, and Construction Administration 3.01 Site Investigations $139,051.11 Lump Sum 3.02 Engineering & Architecture Design Services $65,528.12 Lump Sum 3.03 Schematic Design Drawings $22, 738.44 Lump Sum 3.04 Design Development Drawings $41,851.29 Lump Sum 3.05 Permitting and Mitigation $162,797.74 Lump Sum 3.06 Construction Drawings $35,956.06 Lump Sum 3.07 Bidding and Construction Administration $101,154.38 Lump Sum Subtotal — Professional Fees $1,282,827.66 Dedicated Allowance for Concept Renderings, Cross- sections, and other work beyond FEMA's scope $80,000.00 Lump Sum Allowance for Additional Services $128,282.00 Lump Sum Allowance for Reimbursable Expenses $50,000.00 Lump Sum TOTAL $1,541,109.66 Lump Sum VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: ■ Concept Renderings, cross -Sections, and other work beyond FEMA's scope of work. ■ No design of recreational components or environmental enhancements are included in Phase II as part of the scope of services. ■ Phase II services are based on the FEMA HMP scope of work. Substantial changes to the design may require additional services. ■ No investigation or analysis of noise or vibrations is included in the scope of services. CIP Form 116 15 of 16 Revised 10/19/12 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C • No investigation or analysis of air quality is included in the scope of services. • No aesthetic lighting, aesthetic illumination, or aesthetic landscaping are included in the scope of services. • Design of utilities are not included in the scope of services. • A Florida bonneted bat survey is not included in the scope of services. • A boundary survey is not included in the scope of services. • Archaeological services during the construction phase are not included in the scope of services. • The Consultant will not be responsible for application or permit fees, mitigation bond fees or mitigation expenses, or title commitment fees. VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the City: • Available historical documents and information pertaining to works and/or investigations in the vicinity of the Project site, including, but not limited to surveys, geotechnical borings, design drawings, permits, inspections, storm damage reports, and photos. • Permit fees and signed permit applications. VIII. PROJECT MANAGER CONSULTANT'S Project Manager for this Work Order assignment will be Jason Cummins. Digitally signed by Jason R Submitted by: Cummins Date: 2022-03-01 18:48:26 Jason Cummins, Vice President Cummins Cederberg, Inc. Reviewed and approval in concept Caldeira, recommended by: Jose committee and OCI Name, City of Miami Digitally signed by Caldeira, Jose Date: 2022.03.02 06:19:27-05'00' As agreed by the negotiations CIP Form 116 16 of 16 Revised 10/19/12 Attachment 1 Tasks Duration Month (Months) 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 1 Task I - Proiect Management. Meetings, And Schedule 38 ,ram 1.01 Kickoff Meeting 1 1.02 Proiect Manaaement Plan and Schedule 2 1.03 Coordination Meetings 30 1.04 Grant Administration Support 4 2 Task 11- Data Collection, Coastal Engineering Analyses, & Conceptual Design 6 2.01 Data Compilation & Site Assessments 4 lk Arm 2.01-1 Existing Data Compilation & Processing 1 2.01-2 Site Assessments 1 2.01-3 Recreational Opportunities & Amenities Assessment 2 2.01-4 Preliminary Environmental Resource Assessment 2 2.01-5 Mitigation Options Assessment 2 2.01-6 Data Compilation & Site Assessment Memorandum 4 2.02 Coastal Vulnerability Analvses 6 2.02-1 Coastal Field Measurements 3 2.02-2 Hydrodynamic Modeling -Calibration 3 2.02-3 Hurricane Design Conditions 2 2.02-4 Hurricane Numerical Modeling -Calibration 4 2.02-5 Hurricane Numerical Modeling - Existing Conditions 2 2.02-6 Wave Analysis and Modeling 3 2.02-7 Flushing Analysis 2 2.02-8 Sea Level Rise Evaluation & Considerations 3 2.02-9 Coastal Vulnerability Analysis Report 3 2.03 Conceptual Design 3 2.03-1 Conceptual Layouts & Renderings 3 2.03-2 Numerical Modeling of Concepts & Benefit Determination 2 2.03-3 Cost Estimates 2 2.04 Regulatory Review & Due Diligence 2 2.04-1 Pre -Application Meetings 2 2.04-2 Submerged Land Ownership & Riparian Rights Evaluation 1 2.05 Outreach & Stakeholder Involvement 6 ME 2.05-1 Outreach Plan 4 2.05-2 External Stakeholder Outreach 4 2.05-3 Public Workshop 4 2.05-4 City Department Outreach 4 2.05-5 Project Updates 2 2.06 Grant Research. Application. & Support 3 11 2.06-1 Research & Review of Eligible Grants 3 2.06-2 Application Support 3 City of Miami Concept Design Review 1 3 Task III - Level 1 Design (Island C and Island D Wave Attenuation extension) 31 3.01 Site Investigations 6 ilk Ili 3.01-1 Topographic & Bathymetric Survey 3 3.01-2 Benthic Resources Survey (Summer Season) 2 3.01-3 Geotechnical Investigation 3 3.01-4 Tree Survey 3 3.01-5 Archaeological Services 4 3.02 Engineering & Architecture Design Services 15 3.02-1 Coastal & Marine Structural Design 15 3.02-2 Landscape Architecture Planning & Design 6 3.02-3 Lighting Design 4 3.03 Schematic Design Drawings 3 3.04 Design Development Drawings 4 3.05 Permitting & Mitigation 19 3.05-1 DERM Class I Permit Application & Processing 18 3.05-2 FDEP SWERP Individual Permit Application & Processing 18 3.05-3 USACE Individual Permit Application & Processing 18 3.05-4 FWC FUWM Permit Application & Processing 6 3.05-5 USCG ATON Permit Application & Processing 6 3.05-6 Mitigation Planning 10 3.05-7 Biscayne Bay Shoreline Review Committee 2 3.05-8 City of Miami Building Department Permit Application & Processing 3 3.06 Construction Drawings 8r 3.07 Bidding and Construction Administration 13 3.07-1 Bid Documents Approval, Evaluation, & Award 4 3.07-2 Construction Administration 10 Note: Permit processing time is based on Cummins Cederberg's experience but is ultimately up to the environmental agencies. 0ltN170V3V990-£866-£17017-9�0V-9�0L�9�8 :01 adoIanu3 u6ignoo4 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 04/06/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, 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 Lassiter -Ware Insurance 1300 N. Westshore Blvd. Suite 110 Tampa FL 33607 CONTACT Wendy Tyree NAME: (A/C, PHONE Ext): (800) 845-8437 FAJC AX No): (888) 883-8680 EMAIL wendyt@lassiterware.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: The Phoenix Insurance Company 25623 INSURED Cummins Cederberg, Inc. 7550 Red Road Suite 217 South Miami FL 33143 INSURER B : Travelers Casualty & Surety Co 19038 INSURER C: Berkley Insurance Company 32603 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 21-22 Cert 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6603S748821PHX21 Approved by Frank Gomez 09/26/2021 04/06/2022 09/26/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR RENTED PREMISESDAMAGE TO(Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATE P POLICY POLICY OTHER: X LIMIT APPLIES PRO - JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y BA3S5465162147G 09/26/2021 09/26/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILYINJURY(Peraccident) $ PROPERTY DAMAGE (Per accident) $ PIP -Basic $ 10,000 UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N /A UB4S3552732147G 09/26/2021 09/26/2022 X PER STATUTE OTH ER E.L. EACH ACCIDENT 1000000 $ ,, E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ C Professional Liability / Contractor Pollution Liability (Claims -Made) AEC9053651-01 03/30/2022 09/30/2022 Each Claim Aggregate $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: RFQ 19-20-020 City of Miami is included as additional insured under the terms and conditions of the attached forms on the General Liability and Automobile Liability, on a primary and non-contributory basis, and Contractors Pollution Liability policies when additional insured status is required by written contract. Blanket Waiver of Subrogation is included as part of the General Liability policy and applies when required by written contract, provided the contract is executed prior to any loss. Professional Liability Retro Date 03/30/2010. Cancellation: Thirty (30) days' notice except for Ten (10) days' notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION I City of Miami 444 SW 2nd Avenue Miami FL 33130-1910 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE L‘(a113` ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C AGENCY CUSTOMER ID: LOC #: AC =1RE) ADDITIONAL REMARKS SCHEDULE Page of AGENCY Lassiter -Ware Insurance NAMED INSURED Cummins Cederberg, Inc. POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes All supporting endorsement(s) and policy form(s) attached, if any, comprise the Certificate of Liability Insurance in its entirety. Please review these endorsement(s) and policy form(s) as certain coverage provided by them may only apply when a written contract or agreement between the parties requires such coverage be provided. The attached page(s) noting additional terms, conditions, coverage and/or comments applies. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or org anization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance, the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. 9• h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organization s as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT - FLORIDA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS— INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" CA F2 19 08 17 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C COMMERCIAL AUTO name, with your permission, while performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COVERAGE: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Paragraph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit' and keep us advised of all proceedings and actions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured' against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit', but only up to and included within the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. Page 2 of 4 © 2016 The Travelers Indemnity Company. All rights reserved. CA F2 19 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C COMMERCIAL AUTO (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deductible, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible applies under Specified Causes of Loss or Comprehensive coverage for 'loss" to glass used in the windshield. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Coverage Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclusions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company); (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or CA F2 19 08 17 © 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C COMMERCIAL AUTO (e) Any "employee" authorized by you to give notice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDITIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2016 The Travelers Indemnity Company. All rights reserved. CA F2 19 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C POLICY NUMBER: CUP-4S354701-21-47 ISSUE DATE: 07/14/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: SCHEDULE Number of Days Notice: 30 WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS A. If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. B. If we do not renew this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for When We Do Not Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal. ILT4000519 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C POLICY NUMBER: 660-3s748821-PHX-21 ISSUE DATE: 06-17-21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice: 45 WHEN WE DO NOT RENEW (Nonrenewal): Number of Days Notice: 45 PERSON OR ORGANIZATION: City of Miami ADDRESS: 444 SW 2nd Avenue FL 33130-1910 PROVISIONS A. If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. B. If we do not renew this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for When We Do Not Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal. ILT4000519 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C POLICY NUMBER: BA-3S546516-21-47-G ISSUE DATE: 03-10-22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PERSON OR ORGANIZATION - NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: WHEN WE DO NOT RENEW (Nonrenewal): PERSON OR ORGANIZATION: CITY OF MIAMI ADDRESS: 444 SW 2ND AVENUE MIAMI FL 33130 SCHEDULE Number of Days Notice: 30 Number of Days Notice: 30 PROVISIONS A. If we cancel this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for Cancellation in the Schedule above, we will mail notice of cancellation to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for Cancellation in such Schedule before the effective date of cancellation. B. If we do not renew this policy for any legally permitted reason other than nonpayment of premium, and a number of days is shown for When We Do Not Renew (Nonrenewal) in the Schedule above, we will mail notice of nonrenewal to the person or organization shown in such Schedule. We will mail such notice to the address shown in the Schedule above at least the number of days shown for When We Do Not Renew (Nonrenewal) in such Schedule before the effective date of nonrenewal. ILT4000519 © 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C From: Gomez Jr., Francisco (Frank) To: Caseres, Luis; Ouevedo, Terry Subject: RE: RFQ 19-20-020 Cummins Cederberg PSA Date: Wednesday, April 6, 2022 4:20:42 PM Attachments: image003.png imaae005.onq Hello Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-174o Office (305) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Wednesday, April 6, 2022 3:14 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Subject: FW: RFQ 19-20-020 Cummins Cederberg PSA Good afternoon, Please review and approve. Retro Date included as requested. Best regards, DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C AGENDA ITEM SUMMARY FORM File ID: #11934 Date: 05/03/2022 Commission Meeting Date: 05/12/2022 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 Type: Resolution Subject: Approve Recommendation - Professional Marine and Coastal Engineering Services Purpose of Item: The purpose of this item is to authorize a Resolution from the Miami City Commission, approving a recommendation to award a professional services agreement to Cummins, the top ranked responsive and responsible Proposer, pursuant to RFQ No. 20-21-016, to provide professional marine and coastal engineering services for the Project, with a contract value in the not -to -exceed amount of $1,541,109.66, including a not -to exceed amount of $713,750.52 for Phase 1, a not -to -exceed amount of $569,077.14 for Phase 2, a Dedicated Allowance in the not -to -exceed amount of $80,000.00, a Reimbursable Expenses Allowance in the not -to -exceed amount of $50,000.00, and an Owner's Contingency Allowance in the not -to -exceed amount of $128,282.00, on a phased basis and subject to availability of funds; allocating funds from the appropriate Capital Improvements project and Departmental budgets, subject to budgetary approval at the time of need; authorizing the City Manager to execute the agreement with Cummins in a form acceptable to the City Attorney; further authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, and prior budgetary approvals, and in compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City of Miami's Procurement Ordinance, Anti - deficiency Act, and financial integrity principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Background of Item: On June 4, 2021, the Department of Procurement ("Procurement") issued RFQ No. 20- 21-016 to provide professional marine and coastal engineering services for the Project, under full and open competition. On July 16, 2021, five (5) proposals were received by the Office of the City Clerk in response to the RFQ. Subsequently, after Procurement completed its due diligence effort, one (1) proposal was found to be non -responsive to the Minimum Requirements of the RFQ. Later, on August 26, 2021, an Evaluation Committee met and completed the evaluation of the remaining four (4) proposals submitted by responsive and responsible proposers, following the guidelines stipulated in the RFQ, finding Cummins to be the top ranked responsive and responsible Proposer. On September 23, 2021, a Negotiation Committee appointed by the City Manager met and conducted negotiations through February 28, 2022. DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C Therefore, the City Manager requests authorization to execute an Agreement with Cummins with a contract value in the not -to -exceed amount of $1,541,109.66, including a not -to exceed amount of $713,750.52 for Phase 1, a not -to -exceed amount of $569,077.14 for Phase 2, a Dedicated Allowance in the not -to -exceed amount of $80,000.00, a Reimbursable Expenses Allowance in the not -to -exceed amount of $50,000.00, and an Owner's Contingency Allowance in the not -to -exceed amount of $128,282.00, on a phased basis and subject to availability of funds. Funds are to be allocated from the appropriate Capital Improvements projects and Departmental budgets. Budget Impact Analysis Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $1,541,109.66 OCI Project No.: B-193402A Office of Capital Improvements Office of Management and Budget Department of Procurement Office of Management and Budget Department of Risk Management City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Hector L Badia Lai -wan McGinnis Annie Perez Marie Gouin Ann -Marie Sharpe Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Victoria Mendez Victoria Mendez Maricarmen Lopez Reviewed B Department Head Review Budget Analyst Review Procurement Review Budget Review Risk Review Assistant City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Completed 05/03/2022 3:27 PM Completed 05/03/2022 4:30 PM Completed 05/03/2022 4:39 PM Completed 05/03/2022 4:52 PM Completed 05/03/2022 4:59 PM Completed 05/03/2022 8:15 PM Completed 05/03/2022 8:17 PM Completed 05/03/2022 10:11 PM Skipped 05/03/2022 10:14 PM Completed 05/03/2022 10:15 PM Completed 05/12/2022 9:00 AM DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C City of Miami Legislation Resolution Enactment Number: R-22-0173 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11934 Final Action Date:5/12/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RECOMMENDATION FOR AWARD OF A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") TO CUMMINS CEDERBERG, INC., A FLORIDA PROFIT CORPORATION ("CUMMINS"), THE TOP RANKED RESPONSIVE AND RESPONSIBLE PROPOSER, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 20-21-016, FOR PROVISION OF PROFESSIONAL MARINE AND COASTAL ENGINEERING SERVICES FOR THE DINNER KEY MARINA BREAKWATERS MITIGATION 406 - D2 PROJECT ("PROJECT"), FOR A TOTAL NOT -TO -EXCEED AMOUNT OF ONE MILLION FIVE HUNDRED FORTY ONE THOUSAND ONE HUNDRED NINE DOLLARS AND SIXTY SIX CENTS ($1,541,109.66), INCLUSIVE OF THE NOT -TO - EXCEED AMOUNT OF SEVEN HUNDRED THIRTEEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND FIFTY TWO CENTS ($713,750.52) FOR PHASE 1, THE NOT -TO -EXCEED AMOUNT OF FIVE HUNDRED SIXTY NINE THOUSAND SEVENTY SEVEN DOLLARS AND FOURTEEN CENTS ($569,077.14) FOR PHASE 2, A DEDICATED ALLOWANCE FOR THE NOT -TO - EXCEED AMOUNT OF EIGHTY THOUSAND DOLLARS ($80,000.00), A REIMBURSABLE EXPENSES ALLOWANCE FOR THE NOT -TO -EXCEED AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00), AND AN OWNER'S CONTINGENCY ALLOWANCE FOR THE NOT -TO -EXCEED AMOUNT OF ONE HUNDRED TWENTY EIGHT THOUSAND TWO HUNDRED EIGHTY TWO DOLLARS ($128,282.00), ON A PHASED BASIS; ALLOCATING FUNDS FROM THE APPROPRIATE CITY OF MIAMI ("CITY") OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT AND DEPARTMENTAL BUDGETS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH CUMMINS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, on June 4, 2021, the City of Miami ("City") Department of Procurement ("Procurement") issued Request for Qualifications ("RFQ") No. 20-21-016 for the provision of professional marine and coastal engineering services for the Dinner Key Marina Breakwaters Mitigation 406 - D2 Project ("Project"); and DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C WHEREAS, on July 16, 2021, five (5) proposals were received via Procurement's BidSync software in response to the RFQ and, subsequently, one (1) proposal was found to be non -responsive to the RFQ Minimum Requirements upon Procurement's completion of its due diligence efforts; and WHEREAS, on August 26, 2021, an Evaluation Committee, approved by the City Manager, met and completed the evaluation of the remaining four (4) proposals submitted by responsive and responsible proposers, following the guidelines stipulated in the RFQ, and found Cummins Cederberg, Inc., a Florida profit corporation ("Cummins"), to be the top ranked responsive and responsible Proposer; and WHEREAS, on September 23, 2021, a Negotiation Committee, appointed by the City Manager, met and conducted negotiations through February 28, 2022; and WHEREAS, the RFQ Professional Services Agreement ("Agreement") terms and conditions, negotiated and agreed upon by Cummins, were formally accepted by the City on or about March 18, 2022; and WHEREAS, the City Manager requests authorization to execute an Agreement with Cummins, for a total not -to -exceed amount of One Million Five Hundred Forty One Thousand One Hundred Nine Dollars and Sixty Six Cents ($1,541,109.66), inclusive of a not -to -exceed amount of Seven Hundred Thirteen Thousand Seven Hundred Fifty Dollars and Fifty Two Cents ($713,750.52) for Phase 1, a not -to -exceed amount of Five Hundred Sixty Nine Thousand Seventy Seven Dollars and Fourteen Cents ($569,077.14) for Phase 2, a Dedicated Allowance for the not -to -exceed amount of Eighty Thousand Dollars ($80,000.00), a Reimbursable Expenses Allowance for the not -to -exceed amount of Fifty Thousand Dollars ($50,000.00), and an Owner's Contingency Allowance for the not -to -exceed amount of One Hundred Twenty Eight Thousand Two Hundred Eighty Two Dollars ($128,282.00), on a phased basis; and WHEREAS, funds are to be allocated from the appropriate City Office of Capital Improvements ("OCI") project and departmental budgets, subject to the availability of funds and budgetary approval at the time of need; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommendation for award of an Agreement to Cummins, the top ranked responsive and responsible Proposer, pursuant to RFQ No. 20-21-016, for the provision of professional marine and coastal engineering services for the Project, for a total not -to -exceed amount of One Million Five Hundred Forty One Thousand One Hundred Nine Dollars and Sixty Six Cents ($1,541,109.66), inclusive of the not -to -exceed amount of Seven Hundred Thirteen Thousand Seven Hundred Fifty Dollars and Fifty Two Cents ($713,750.52) for Phase 1, the not - to -exceed amount of Five Hundred Sixty Nine Thousand Seventy Seven Dollars and Fourteen Cents ($569,077.14) for Phase 2, a Dedicated Allowance for the not -to -exceed amount of Eighty Thousand Dollars ($80,000.00), a Reimbursable Expenses Allowance for the not -to -exceed amount of Fifty Thousand Dollars ($50,000.00), and an Owner's Contingency Allowance for the not -to -exceed amount of One Hundred Twenty Eight Thousand Two Hundred Eighty Two Dollars ($128,282.00), on a phased basis, is hereby approved. Section 3. Funding shall be allocated from the appropriate OCI project and departmental budgets, subject to the availability of funds and budgetary approval at the time of need. DocuSign Envelope ID: 8F6F70FB-ADF6-4043-9983-056AEAC4AA1C Section 4. The City Manager is authorized' to execute the Agreement with Cummins, in a form acceptable to the City Attorney, for said purpose. Section 5. The City Manager is further authorized' to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code of the City Of Miami, Florida, as amended ("City Code"), including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez,City Attor ' The herein authorization is further subject to compliance with all legal regulations that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Arthur Noriega V City Manager FROM: Annie Perez, CPPO, Director Department of Procurement Reviewed and signed for ,DoDocuSignedby: 1 CFA2301 DA754FF... DATE: March 16, 2022 SUBJECT: Recommendation for Award of Contract for Marine and Coastal Engineering Services for Dinner Key Marine Breakwaters Mitigation 406 — Project No. B-193402A for the Office of Capital Improvements REFERENCES: Request for Qualifications ("RFQ") No. 20-21-016 ENCLOSURES: Fee Proposal, Report of Evaluation Committee Memorandum, Evaluation Committee Appointment Memorandum, Proposal Security List RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends that the referenced Project be awarded to Cummins Cederberg, Inc. ("Consultant"), for RFQ No. 20-21-016, Marine and Coastal Engineering Services for Dinner Key Marina Breakwaters Mitigation 406 — Project No. B-193402A (the "Project"). The Consultant shall provide interdisciplinary services for the Project under the direction of the City of Miami ("City") Office of Capital Improvements to complete the design and permit for coastal structures to be developed at the spoil island by the Dinner Key Marina. The Project is intended to protect and increase the marina and the shore's resilience during a storm event satisfying the plan set forth in the Hazard Mitigation Plan ("HMP") by the Federal Emergency Management Agency ("FEMA"). The Project is divided into two (2) phases. During Phase I of the Project, the Consultant shall investigate the site conditions, provide due diligence, perform engineering analyses, provide stakeholder outreach, and develop a plan to reach conceptual designs. Phase I will be divided into different tasks: • Task 1: Project Management, Meetings, and Project Schedule. This task shall include a kickoff meeting to discuss the Project objectives and considerations. A Project Management Plan will be developed assuming a Project duration schedule of thirty (30) months. Grant administration support will be provided to include up to four (4) meetings with the City's Grants Department. ■ Task 2: Data Collection, Coastal Engineering Analyses, and Conceptual Design. Data Collection includes compiling all existing publicly available data, on -site assessments, aerial photography, preliminary qualitative marine resource reconnaissance survey, and a Data Compilation and Site Assessment Memorandum summarizing all of these tasks including, but not limited to, all graphics illustrating findings. Coastal Engineering Analyses includes coastal field measurements, hydrodynamic modeling — calibration, hurricane design conditions, hurricane numerical modeling, wave analyses and modeling, flushing analysis, sea level rise evaluation and considerations, and a Coastal Vulnerability Analysis Report summarizing the results of the coastal vulnerability analyses will be prepared for the City. Based on the coastal vulnerability analyses, three (3) conceptual plans will be developed, the City will select a preferred design approach and concept for each island, and an Opinion of Probable Cost will be delivered. A Public Outreach Plan will be developed to identify project goals, create promotional materials, presentation materials, and prepare timelines. Project templates will be PR21220 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C Page 2 - Recommendation of Award of Professional Services Dinner Key Marina Breakwaters Mitigation 406 Arthur Noriega V, City Manager created for social media, project updates, and flyers. The Consultant will participate in up to eight (8) external stakeholder meetings, one (1) public workshop, up to eight (8) with City departments, and will provide three (3) project updates which will identify project progress, graphics, and promote a transparent process for the community and stakeholders. Finally, the Consultant will research and evaluate grant funding opportunities, timing, and budget and will support the preparation of up to two (2) grant application packages for the City. During Phase II of the Project, the Consultant shall design and permit the approved conceptual layout to meet the HMP scope of work by FEMA. Task 3: Design, Permitting, and Construction Administration. This task shall include site investigations such as creating a topographic and bathymetric survey map (certified by a Florida Surveyor and Mapper), a certified mean high water line map, an environmental survey report, a geotechnical engineering report, tree survey map, and a shovel test report. The engineering and architecture design services include hurricane and structural analyses, landscape architecture planning, and lighting design. The Consultant shall prepare schematic design drawings for the implementation of the selected conceptual design layout and shall prepare and present a Schematics Report. The Consultant shall prepare design development drawings from the approved schematic design drawings and shall prepare and present a Development Report. Permitting includes processing a Standard Form Class I Coastal Construction Permit through Miami -Dade County Department of Environmental Resources Management ("DERM"), a Statewide Environmental Resources Permit through the Florida Department of Environmental Protection ("FDEP"), a Department of the Army Standard Permit Application with the U.S. Army Corps of Engineers ("USACE"), Florida Fish and Wildlife Conservation Commission ("FWC") Florida Uniform Waterway Marker ("FUWM") application, a United States Coast Guard Aids to Navigation, State of Florida Uniform Mitigation Assessment Method ("UMAM") forms, Shoreline Development Review Committee ("SDRC") application, and City of Miami applications with the Building Department. The Consultant shall prepare 60%, 90%, and Final Construction Documents with an updated Statement of Probable Construction Cost. Finally, the Consultant shall provide procurement and construction administration services at the request of the City. FISCAL IMPACT: The potential fiscal impact to the City for the negotiated contract may amount to $1,541,109.66, inclusive of Reimbursable Expenses and Owner's Contingency Allowances. The original price proposal submitted by the Consultant totaled $2,330,810.00; therefore, negotiations resulted in $789,700.34 or 33.9% of savings for our taxpayers. BACKGROUND: On June 4, 2021, Procurement issued a solicitation under full and open competition to obtain proposals from qualified firms. On July 16, 2021, Procurement received five (5) proposals in response to the solicitation (see attached Proposal Security List). Subsequently, the proposals were reviewed by Procurement staff, upon which four (4) proposals were deemed responsive and responsible in accordance with the minimum qualifications and experience requirements of the RFQ; one (1) proposal, however, was deemed non -responsive in accordance with the minimum qualifications and experience requirements of the RFQ. Accordingly, on August 26, 2021, the Evaluation Committee ("Committee") met and completed the evaluation and ranking of all proposals following the stipulated guidelines in the solicitation. The proposals were evaluated in accordance with six (6) evaluation criteria and ranked by total awarded points (see enclosed Report of Evaluation Committee Memorandum). Upon review and subsequent approval of the Report of the Evaluation Committee Memorandum by the City Manager on September 15, 2021, negotiations were initiated with the Consultant, the highest ranked firm. The City's negotiation team, comprised of staff from the Office of Capital Improvements ("OCI") and the City of Hallandale Beach held good faith negotiations with the Consultant's principals that addressed: PR21220 DocuSign Envelope ID: 8F6F7OFB-ADF6-4043-9983-056AEAC4AA1C Page 2 - Recommendation of Award of Professional Services Dinner Key Marina Breakwaters Mitigation 406 Arthur Noriega V, City Manager 1. Coordination of the various professional consulting services necessary for the Project; 2. Established and capped fair market professional services fee schedule; 3. A Project tasking solution which supports an implemental and fiscally sound agreement, in the best interest of the City and its residents, and; 4. Legally sufficient and binding agreement terms and conditions, with the assistance and support of the City Attorney's Office. Successful negotiations were accomplished, and an agreement was mutually reached on February 28, 2022. Based on the above findings, Procurement hereby recommends the award of a Professional Services Agreement to Cummins Cederberg, Inc. for the Project. Your signature below indicates your approval of Procurement's recommendation. ,-DocuSigned by: av¢Ior Novic.�a Approved:-RnCFRC 77nna7A Arthur Noriega V, City Manager Date: March 24, 2022 1 09:53:55 EDT c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Fernando Casamayor, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Angel R. Carrasquillo, PE, Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR21220 Olivera, Rosemary From: Caseres, Luis Sent: Friday, June 24, 2022 2:35 PM To: McGinnis, Lai -Wan; Badia, Hector; Darrington, Mario; Cabrera, Paola; Mora, Jorge; Hansen, Anthony Cc: Cambridge, Susan; Barr, Thomas; Ponassi Boutureira, Fernando; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Cabrera, Paola Subject: Document Distribution - RFQ 20-21-016 -Marine and Coastal Eng. Services for Dinner Key Marina Breakwaters Mitigation Attachments: RFQ 20-21-016 PSA for Dinner Key Marina - Cummins Cederberg_Executed 06-24-2022.pdf Good afternoon All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Paola You may now close this Matter ID 21-1497 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Project specific PSA First Party: City of Miami Second Party: Cummins Cederberg, Inc. Program/Purpose: Marine and Coastal Eng. Services for Dinner Key Marina Breakwaters Mitigation Effective Date: 06/24/2022 Best regards, i LuA.- Caere - 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 "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. 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