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HomeMy WebLinkAbout23970AGREEMENT INFORMATION AGREEMENT NUMBER 23970 NAME/TYPE OF AGREEMENT T.Y. LIN INTERNATIONAL DESCRIPTION AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT/TRANSPORTATION PLANNING & TRAFFIC ENGINEERING SUPPORT SERVICE FOR BISCAYNE BOULEVARD/MATTER ID: 22-1117 EFFECTIVE DATE July 8, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/8/2022 DATE RECEIVED FROM ISSUING DEPT. 7/8/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD * :\SILK..Y11111 * 1 11 Z. a f: 441.. , f) R l CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement Dept DEPT. CONTACT PERSON: Anthony Hansen/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: TY Lin International EXT. 1895 IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO TOTAL CONTRACT AMOUNT: $484,049.59 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) Amendment No. 1 to RFQ 16-17-056 PURPOSE OF ITEM (BRIEF SUMMARY Transportation Planning and Traffic Engineering Services for Biscayne Boulevard — Project No. B-183613. COMMISSION APPROVAL DATE: 12-17-2021 FILE ID: N/A ENACTMENT NO.: 054/2021 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR Reviewed by FVP. Signatory party listed in certificate May 19 , 2022 of ' 1I�1P®TzE Aiotbori1-� Docusigned by: 1 "�`� " `� SUBMITTED TO RISK MANAGEMENT May 19 , 2022 p n a 8 89540EB73CAC468... peuSigned by: SUBMITTED TO CITY ATTORNEY MATTER ID # 22-1117 Pablo R. velez in Tune 6, 2022 1 �[ fi t9f-He 27395C6318214E7... D2c9u54nedby: „� �,;� , -A-� bellal f of (6/6/22) APPROVAL BY BUDGET OFFICE Funding is determined at PO issuance LEM June 13, 2022 I Marie 29n 1EFggOAF6FE0457... p°°u5lgned by: -- 6/9/22 APPROVAL BY ASSISTANT CITY MANAGER l _ Fernando Caif64796C5495... APPROVAL BY DEPUTY CITY MANAGER June 21, 2022 Nzeribe the IuSigned by: I 17: 56:42 wok,fuwedix 45F9436AFE40458... RECEIVED BY CITY MANAGER Jul y 5 2022 , I Pn1�e Docusigned by: 1V '' briar, eFeC372DD42A... SUBMITTED TO AND ATTESTED BY CITY CLERK July 8, 2022 1 T D8d/0:a3 ED�DocuSigned H by: ' l 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 22171 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD AMENDMENT OVERVIEW AMENDMENT TITLE: Amendment No. 1 to RFQ 16-17-056 Transportation Planning and Traffic Engineering Services for Biscayne Boulevard — Project No. B-183613 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ ❑ City Commission — ✓ Miami-DDA — Resolution No. 054/2021 2. PROCUREMENT METHOD: ✓ RFQ ❑ ITB ❑ SOLE SOURCE ❑ PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ 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. Amendment No. 1 to increase capacity by $24,800.80. Thereby increasing the total award value from $459,248.79, to an amount not -to -exceed $484,049.59. Miami-DDA Approved the capacity increase with Resolution No. 054/2021 4. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ✓ NO IF YES, WHAT IS THE RESOLUTION NUMBER? Miami-DDA Resolution No. 054/2021 5. WHAT IS THE SCOPE OF SERVICES? Amendment No. 1 is necessary to provide consulting services for T.Y. Lin International completing the following tasks during this project's life cycle to ensure continued progress. • Three candidate build alternatives were evaluated as part of Phase I alternatives evaluation while the scope of work included two build alternatives; and • Miami -Dade County provided comments in April 2020 on the FDOT approved Traffic Analysis Methodology Memorandum from May 2019. To address the County's comments, trips from approved development projects between 2016 and 2020 and Downtown Mobility Network (DMN) projects were included as part of traffic operations analysis. This required re -doing traffic impact analysis (SYNCHRO analysis and associated SimTraffic microsimulation); and • The project schedule was extended by approximately 12 months with traffic methodology memorandum approval in May 2019, which resulted in additional project coordination efforts and one-on-one stakeholder meetings/agency coordination; and • In addition to FDOT's formal review of deliverables, which is included the scope of work, the Miami -Dade County also reviewed documents through its formal process and provided comments. DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD 6. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Office of Capital Improvements 7. IS THE AWARDEE THE INCUMBENT? N/A 8. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 9. WHEN DOES THE CURRENT CONTRACT EXPIRE? Until final completion of construction of the Project and Final Payment is made to the Consultant. 10.WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 11.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Florida Statutes, Section 287.055 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD ACORN® CERTIFICATE OF LIABILITY INSURANCE ‘...------ 11/1/2022 DATE (MM/DDIYYYY) 12/2/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 CONT NAMEACT PHONE FAX (A/C, No. Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Zurich American Insurance Company 16535 INSURED T. Y. LIN INTERNATIONAL 1481412 345 CALIFORNIA STREET, SUITE 2300 SAN FRANCISCO CA 94104 INSURER B : Travelers Property Casualty Co of America 25674 INSURER C : Aspen Specialty Insurance Company 10717 INSURER D : INSURER E : INSURER F : COVERAGES MAIN CERTIFICATE NUMBER: 17123963 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R INSR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (M MIDDIYYYY) POLICY EXP (M M/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GLO 3021088 Approved by Frank Gomez 11/1/2021 01/12/2022 11/1/2022 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE RETE PREMISESO(Ea occur ence) $ 1,000,000 X SEVERABILITY MED EXP (Any one person) $ 25,000 PERSONAL & ADV INJURY $ 2,000,000 X CLAUSE GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE x X LIABILITY ANY AUTO OWNED v SCHEDULED AUTOS NON -OWNED AUTOS ONLY y y BAP 3021090 11/1/2021 11/1/2022 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXX XXX PROPERTY DAMAGE (Per accident) $ XXXXXXX $XXXXXXX B X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE Y Y CUP-8S741427-21-NF 11/1/2021 11/1/2022 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ XXXXXXX DED RETENT ON $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N NIA Y WC 3021089 11/1/2021 11/1/2022 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C PROFESSIONAL LIABILITY N N LROOJUH21 11/1/2021 11/1/2022 $1,000,000 PER CLAIM; $1,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RFQ NO. 12-13-004 - MISCELLANEOUS CIVIL ENGINEERING SERVICES. THE CITY OF MIAMI IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY, AND EXCESS/UMBRELLA LIABILITY IF REQUIRED BY WRITTEN CONTRACT. THE GENERAL LIABILITY IS PRIMARY AND NON-CONTRIBUTORY, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY, EXCESS/UMBRELLA LIABILITY, AND WORKERS COMPENSATION/ EMPLOYER'S LIABILITY, WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. PROFESSIONAL LIABILITY RETROACTIVE DATE: MARCH I , 1954. CERTIFICATE HOLDER CANCELLATION 17123963 CITY OF MIAMI RISK MANAGEMENT MIAMI FL 33130 ACORD 25 (2016/03) 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 REPRESENTATIVF /1'1� ©1988` 015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD From: Gomez Jr., Francisco (Frank) To: Caseres, Luis; Ouevedo, Terry Subject: RE: COI TYLin 11-01-21.pdf Date: Wednesday, January 12, 2022 6:47:29 AM Attachments: image004.pnq image009.png Good morning Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CFI I Property & Casualty Manager City of Miami Risk Management (305) 416-174o Office (3o5) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Tuesday, January 11, 2022 4:03 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Subject: FW: COI TYLin 11-01-21.pdf Good afternoon, Please review and approve. DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH T.Y. LIN INTERNATIONAL FOR TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING SERVICES FOR BISCAYNE BOULEVARD This Amendment No. 1 to the Professional Services Agreement dated September 3, 2019 (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and T.Y. Lin International ("Consultant"), a Foreign Corporation authorized to transact business in Florida. for the provision of Transportation Planning and Traffic Engineering Services for Biscayne Boulevard ("Services") for the Office of Capital Improvements ("OCI") is entered into this8th day of July , 2022. RECOTALS WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and Request for Qualifications ("RFQ") No. 16-17-056, the City Manager executed an Agreement with Consultant on September 3, 2019, for an amount not -to -exceed $459,248.79; and WHEREAS, additional scope elements to the scope of work were added and accepted by the Miami Downtown Development Agency ("DDA") as authorized by Miami DDA Board Resolution No. 054/2021, enacted on December 17, 2021; and WHEREAS, Consultant has overall familiarization with the project and objectives to meet the new scope elements added to the design; and WHEREAS, funds are to be allocated from OCI Project No. B-183613 prior to City authorization to commence future assignments issued pursuant to this Amendment. NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: Section 2.03-1 Compensation limit is hereby increased by Twenty -Four Thousand Eight Hundred Dollars and Eighty Cents ($24,800.80), thereby increasing the total award value from Four Hundred Fifty -Nine Thousand Two Hundred Forty -Eight Dollars and Seventy -Nine Cents ($459.248.79) to an amount not -to -exceed Four Hundred Eighty - Four Thousand Forty -Nine Dollars and Fifty -Nine Cents ($484,049.59). The latter amount is inclusive, without limitation, of fees, costs, and reimbursable expenses. Section 10.24 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. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged. DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Amendment No. 1 to the Professional Services Agreement with T.Y. Lin International for Transportation Planning and Traffic Engineering Services — Project No. B-183613 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, the day and year above written. WITNESS/ATTEST: T.Y. Lin International, a Foreign corporation Signature Print Name, Title Consultant Secretary (Affirm Consultant Seal, if av OMAR MAJANO NOTARY PUBLIC Mecklenburg County North Carolina My Commission Expires October 22, 2025 ATTEST: 1—DocuSigned by: E46DZ5560F1459 B. ... Todd Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: \a\, Signature Ahmad Hammoud, PE - Vice President Print Name, Title (Corporate Seal) `���►�Ili,,� o�pO'' ��- ''��`'SEAV.o= >: 09/01/1964 z: CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: DOcuSign d CFs 72DD42A... rt ItNonega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: /—DocuSigned by: /`Docc"uSSigned by: -,0--,_-)-ur--.L. F1EF90AF6FE0457... Victoria Mendez, City Attorney DS (Matter 22-111 )Pv Fraank GbwIt"5 "-27395C6318214E7... Ann Marie Sharpe, Director Risk Management Department DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD T.Y. LIN INTERNATIONAL (the "Corporation") CERTIFIED EXTRACT OF RESOLUTION OF THE BOARD OF DIRECTORS OF T.Y. LIN INTERNATIONAL DATED FEBRUARY 28, 2022 Signature Authority WHEREAS, the Board of the Corporation desires to grant to certain individuals signature authority for contracts of the Corporation pursuant to the Corporation's ARM. Such contracts shall include but are not limited to, non - project contracts and other legally binding commitments except as specified in the Corporation's ARM, effective as of January 18, 2022. NOW, THEREFORE, BE IT RESOLVED, that the following individuals reflected in the Corporation's systems and records, including, but not limited to, the Corporation's human resources information systems and ARM, including written delegations allowed thereby, (each an "Authorized Signer" and collectively, the "Authorized Signers") hereby iiilawifiggiagig Q.ornoriMO pursuant to the Corporation's ARM including, but not limited to, non- project contracts and other legally binding commitments except as shall be specified below, effective as of January 18, 2022 (except as otherwise noted below): Matthew Cummings Thomas J. Price Marwan Nader Robert J. Radley Sajid Abbas Ryan Abbots Atiq Alvi Jeffrey Andrews Jim Bacchus Ram Balasubramanian James Barr Tara Boggio Logie Bruce -Lockhart (for human resource matters) Bruce Bushnell Karen Chapman F.R. Clark F.R Clark Femon Kevin Cornish Bill Detwiler Dale Dionne DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Daniel B. Drew Kevin Ducharme Intissar Durham James Duxbury Maximo A. Fajardo Raymond M. Fares Dan Fitzwilliam James Ferguson Christopher Fronheiser Robert Gorski Maz Goodarzi James Gregg Ahmad A. Hammoud William K. Harnagel Nancy Hudson Vikas Jain Douglas Jakalski Sheila Jordan Dennis Kennelly Abe Khademi Jennifer Lee (for legal matters) Ian MacLeod (for human resource matters) Kirk I. Mettam Nicholas Presciutti Michael Pyrz Nathaniel Oppenheimer Nyree Quintero Dusan Radojevic Ben Rosenberg James Rucker Gerald Salernitano Sandeep Singh Bala Sivakumar Joseph S. Smith David Tingley Grant Taylor Christopher Wallace(for information technology matters) Richard Waters John Wood (for legal matters) Philip Yartey Joseph Yesbeck John Young (for information technology matters) Pat Arnett Scott Hughes Robert Sargent DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Norm Smit Sara Steele Mike Auren Ed Meade Victoria Ponce de Leon Vassil Draganov Alastair Elliott Dated this 1 1`h of May 2022 [Corporate Seal] CERTIFIED TRUE EXTRACT David Tingley Vice President and Assistant Secretary OMAR MAJANO NOTARY PUBLIC Mecklenburg County North Carolina Commission Expires October 22, 2025 05/ 17/ n'2 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD T.Y. LIN INTERNATIONAL CORPORATE AUTHORIZATION I hereby certify that Ahmad A. Hammoud, Vice President of T.Y. Lin International a California corporation (the "Corporation"), is a duly elected and appointed officer of the Corporation and holds full corporate authority to enter into project related contracts and proposals and execute and deliver such contracts, proposals, and any supplements related thereto, for and on behalf of the Corporation. IN WITNESS WHEREOF, I have caused this instrument to be executed and the corporate seal of the Corporation to be hereunto affixed on the 11 th day of May 2022. T.Y. LIN INTERNATIONAL By: David Tingley Vice President and Assistant Secret OMAR MAJANO NOTARY PUBLIC Mecklenburg County North Carolina My Commission Expires October 22, 2025 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD Amendment No. 1 to the Professional Services Agreement with TV. Lin International for Transportation Planning and Traffic Engineering Services — Project No. B-183613 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a corporation organized and existing under the laws of the State of , held on the _day of and adopted authorizing (Name) , a resolution was duly passed as (Title) of the corporation to execute agreements on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2022. Secretary. Print: NOTARIZATION STATE OF Florida ) ) SS: COUNTY OF Miami -Dade May The foregoing instrument was acknowledged before me this 17th day of , 20 22 , by Ahmad Hammoud who is personally known to me or who has produced as identification and who (did / did not) take an oath SIGNATURE OF NOTARY PUBLIC STATE OF Florida PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Notary Public State of Florida Diane D Dillon My yHH 2198751an Exp. 2/9/2026 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Annie Perez, CPPO DATE: 4/25/22 FILE: Chief Procurement Officer/Director Department of Procurement RFQ No.: 16-17-056 I Biscayne Green Lane SUBJECT: Elimination Study Project 40-B183613 Blanket PO No.: 1702687 FROM: Hector Badia, Interim Director Office of Capital Improvements Project is partially grant funded by FDOT to analyze the potential for lane elimination on Biscayne Blvd in downtown Miami. Scope includes corridor overview, existing conditions, technical memorandum, project needs statement/ guiding principles, public workshops, stakeholder interviews, transportation analysis technical memorandum, conceptual design, cost estimates, and implementation plan, and draft and final reports. This second work order is heeded in order to complete the work as originally intended under the first work order. The first work order did not reach initial capacity and additional funds were added from agency partners to complete the work. ec: Nzeribe Ihekwaba, Ph.D., P.E., Deputy City Manager Jorge Mora, Assistant Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, Assistant Director, Department of Procurement DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Ti April 12, 2022 Hector Badia Assistant Director City of Miami Office of Capital Improvements 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Re: NTP/PO for outstanding contract amount and supplemental budget Below is my request to the City to issue T.Y. Lin International a Notice to Proceed (NTP)/Purchase Order (PO) in the amount of $62,511.38. This NTP/PO would include the following two items: 1) Make up the difference between the contract amount of $459,248.79 included in Section 2.03 Compensation of the fully executed contract dated September 3, 2019, and the NTP/PO for $421,538.21 issued by the City on January 17, 2020. 2) Supplemental budget in the amount of $24,800.80 approved by the Miami DDA Board through Resolution No. 054/2021 on December 17, 2021. It should be noted that T.Y. Lin International completed the tasks included in the scope of work. In addition, T.Y. Lin International completed the following tasks were during this project's life cycle to ensure continued progress. • Three candidate build alternatives were evaluated as part of Phase I alternatives evaluation while the scope of work included two build alternatives. • Miami -Dade County provided comments in April 2020 on the FDOT approved Traffic Analysis Methodology Memorandum from May 2019. To address the County's comments, trips from approved development projects between 2016 and 2020 and Downtown Mobility Network (DMN) projects were included as part of traffic operations analysis. This required re -doing traffic impact analysis (SYNCHRO analysis and associated SimTraffic microsimulation). • The project schedule was extended by approximately 12 months with traffic methodology memorandum approval in May 2019, which resulted in additional project coordination efforts and one-on-one stakeholder meetings/agency coordination. • In addition to FDOT's formal review of deliverables, which is included the scope of work, the Miami -Dade County also reviewed documents through its formal process and provided comments. A copy of the fully executed contract, NTP/PO issued by the City in January 2020, Miami DDA Board Resolution No. 054/2021 and T.Y. Lin International's request for supplemental budget is attached for your reference. In addition, a copy of the Blanket PO (#2000017) issued by the City on October 10, 2019, is also included. Sincerely Vikas Jain, AICP, GISP Rail + Transit - South, Sector Manager DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD Rit SOLUTION 054/2021: A- RESOLUTION OF THE BOARD OF DTRECTORS OF THE- MIAMI: DOWNTOWN DEVELOPMENT AUTHORITY OF THE. CITY OF MIAMI, FLORIDA ('MIAMI DDA7).APPROVING A SUPPLEMENTAL BUDGET REQUEST FOR. THE BISCAYNE GREEN' LANE ELIMINATION- ANALYSISIN AN AMOUNT NOT. TO EXCEED SZ4,80o.ao; WHICH IS _IN ADDITION TO THE PREVIOUSLY AWARDED S421,8.2990 IRANSPORTATION ALTERNATIVE.PROGRAM PROM THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE S30i000:00 MATCH APPROVED BY MIAMI DDA RESOLUTION NO. 01712020. WITEREAS,_ one of. the 2025 Dewntown. Miami. Master Plates, goals is.: tO 'Create a Grand. Promenade Along Biscayne Boulevard," including replacing median parking with a pedestrian oriented green median and ensuring that Biscayne Boulevard is treated as both an open space and a well -designed, pedestrian and bicycle friendly roadway known as -Biscayne Green; and WHEREAS, the Downtown -Miami BicyclePedestrian Mobility Plan recommends-"Biscayme, BonlPvard. Median irraprovements" inchiding replacement of 'median parking with a - pedestrian- oriented,green median, retail kiosks, ..and other:urban services; and WHEREAS, the Board of Directors of the Miami Downtown Development Authority of the -City of Miami, Florida ("Miami DDA") previously adopted Resolution No. 14/2014 accepting the Biscayne Boulevard Conceptual Streetscape Alternatives Report and directing ,staff to pursue implementation of Alternative No. 3 with partner agencies and the Florida Department of .Transportation CEDOT7) . after a participatory desi,gn process involving a broad , array of area stakeholders to develop concept alternatives for .iiicayne -Boulevard; and WHEREASi_onSebruary /1,. 2017, the Boardof Directors of theMiami:DDA.adopted:Resolution No. 007/2017 urging FOOT to allocate grant funds awarded. as part of the Z016 Transportation Alternatives Program Grant Cycle in. the artiount of $422,000.00; and WHEREAS, in 2018, .the: City of Miami ("City"). created' an Evaluation Committee to review responses, submittedfor the. Request for Qualifications for "Transportation Planning.. and.. Traffic Engineering Services for Biscayne Boulevard!' (RFQ No. 1-7-17.056). consisting of representativesfrom the. City, Miami,Da•de County,.EDCIT, the Miamilarking Authority,ancl -the Miarriii1DA; and WHEREAS, the Evaluation Committee met twice, reviewed :qualifications from three (3) qualifying 'firms, -and ranked the firms in the f011owing order: .1) T.Y. UN international, '2) Kintley=Horn and Associates, Inc., and 3) Calvin, Giordano -8z Associates, Inc.; and WHEREAS, in April 2018,. the Board of Directors -Of theMiariii:Dakadopted Resolution -No.. .15 /2018. selecting TN.:tin-as the preferred -consUltarn to -conduct -a Lane Elimina.tion. Study- as required by FDOT to . hap. advance therealization. of Biscayne. Green ; and.. • WHEREAS,.. in. April 2018,.. the City and the: Miami -DDA entered into a Joint. Participation. Agreement ("JPA")regarding Biscayne Green; and DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD WHEREAS; in. May 2020; the Board of Directors of the- Miami DDA adopted Resolution 0-17/2020 approving a $30,000.00 grant to the City which was combined 'with, an. additional- $421,829.00 Transportation Altematives--Progrant grant front PDOT; and WHEREAS, since- August 2019, in'eollaboration with the City and the Miami Parking Authority ("MPA"), the Miami DDA and:T.Y. Lin have initiated:the Biscayne BoulevardLane Elimination- Study to: evaluate impacts of repurposing travel- lanes in the Biscayne Boulevard Corridor with an intent to increase. inuitimodal safety, operations,- and connectivity utilizing a Compleir Strzersatirl-contextsensitiveapproach; -.and •'WF1EREAS; beginning in November 2020, TN. Lin was asked 'by the Miami 'DDA to complete additional work that was not identified in the -original Scope of Work, attached and _incorporated as Exhibit "A", -including redesigning the 'project; rerunning the traffic modeling,; .updating 'and editing the plans, typical sections, computer .renderings, and the 1.5-00-page Draft ReNrt; attending additional requested ineetingswith hoththe Port of Miami .andthe Miami-Dadecountyl3epartatent of Traffic le -Public Works (DTPW");.. and. prOviding.the draft report to DI'PW. and' addreSsing_all of their Comments,..alL as. further. detailed -in Exhibit "B"; attached and incorporated; and WHEREAS, over the Iast twenty-eight- (28). months, the combined Miami DDA, City, and MPA teams and consultants have. conducted numerous- presentations and public outreach meetings (includingthe Community Liaisorr and Visioning Teams) -to acquire feedback_ and- input- from: alLsignificaut stakeholders; and. WHEREAS, the .full "Biscayne Boulevard (US-.1) Lane nimination. Study Concept Report" .was - stibrriitted to FDOT District 6, the City and-DTPW for theirfinal review and approval; and WHEREAS, -.the Miami -DDA,..the-City; ,and their ..c onsultants.continue -to -work with .FDOT District :6 .todIoseoutaii comments; - 'NOW,..TffEREF-ORE;BEITRESOLVEDBY.THEBOARD.GFDIR:ECTOR&QF.T.HEMIAMI -''DOWNTOWNDEVELOPMENT RITY' OF THE:CITYDE- MIAMI; FLORIDA: . Section I. The recitals and findings contained in the Preamble of this Resolution are by reference and incorporated herein as if fully set forth in the Section. Section 2. The Board of the Directors- of the Miami DDA approvesa suppIementaIbudget request for the Biscayne Green Lane Elimination Analysis in an amount not toexceed$24,800:80,_ whiek is -in addition to the previonsly awardedS421-',829',09-Transportation- Alternative Program, from. FDOT and the $30,000-000 match approved by Miami DDA Resolution -No. 017/2020. Section 3. The Executive Director is- authorized to negotiate. and execute any- and _all jocuments necessary, all in forms.acceptable to the City Attorney. Section 4. This -R-esolution--shall become.effectiveimmediately upon its adoption. DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PASSED AND. ADOPTED-, tins* ir day of Decenther-242L C mmissioner IVIanoto 'hairrn stina-Crespi, Fxecutive Director Nome de ta Vega Secretary of the Board of Directors DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD aMIAMIDDA DOWNTOWN DEVELOPMENT AUTHORITY Miami Downtown Development Authority 200 S. Biscayne Boulevard - Suite 2929 Miami, Florida 33131 MEMORANDUM To: Christina Crespi, Executive Director CC: Ivonne Berrios, Chief Operating Officer From: Neal Schafers, Head of Urban Planning Date: 11/17/2021 Re: Supplemental Budget Request for Biscayne Green Lane Elimination Analysis I want to provide some rationale/background for the request to be presented to the Miami DDA Board of Directors for supplemental funding in the amount of $24,800.80 for the Biscayne Green Lane Elimination Analysis project. In order to complete the Lane Elimination Analysis, the Miami DDA staff asked the lead consultant, T.Y. Lin International, to complete additional work that was not identified in the original Scope of Work (SOW), please see attached. November through December 2020: Miami DDA staff meets with Miami DDA/City's consultant team (T.Y. Lin International, Marlin Engineering, The Corradino Group, Wantman Group, Plusurbia and Magbe Consulting) and MPA's consultant team (Kimley Horn, Cesar Garcia Pons) to discuss results of initial design and modeling data. Biscayne Boulevard is rated by Florida Department of Transportation (FDOT) based on Level of Service (LOS) at each intersection for both peak AM hour and peak PM hour. Each intersection receives a grade from A to F. Based on the proposed design, which calls for repurposing six blocks of the corridor (SE 1st St to NE 5th St) from eight (8) travel lanes to four (4) travel lanes, four different intersections LOS grades change from grade "B" to grade "F." Based on these results, there is grave concern amongst all involved that these results would lead to FDOT rejecting the Lane Elimination Analysis and ending the vision/project. Miami DDA staff updates the Executive Director and based on team input, asks the lead consultant, T.Y. Lin to redesign the project from 4 vehicular travel lanes to 6 and rerun all of the traffic models. T.Y. Lin project manager Vikas Jain informs Miami DDA staff that this extra work is not included in their scope of work and they might run out of funding from their original contract. Miami DDA staff takes this into consideration and asks them to proceed in good faith. T.Y. Lin redesigns the project, reruns the traffic modeling and none of the intersections receive "F" grades for LOS at peak AM and PM times. T.Y. Lin also has to update/edit the plans, typical sections, computer renderings, and the 1,500-page Draft Report. DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD November 24, 2020: Michael Bello, Planning Division, Port Miami, is one of stakeholder committee members of the Miami DDA Biscayne Green Community Liaison Team (a group of stakeholders comprised of downtown venues, i.e., FTX Arena, Arsht, Bayside Marketplace, etc.) Mr. Bello requests a one-on-one meeting with T.Y. Lin and Miami DDA staff. T.Y. Lin meets with Port Miami staff to review the overall project design, and the May 2020 Draft Methodology Memorandum. February 23, 2021: Based on the Nov. 24, 2020, meeting, Michael Bello, Planning Division, Port Miami, sends Miami DDA staff detailed feedback with eleven (11) specific issues/requests for information. T.Y. Lin and Miami DDA staff draft up detailed responses to all 11 comments and sends back to the Port. February 19, 2021: On June 23, 2020, after 5 months of coordination, comments and updates, Kenneth Jeffries, District Six Transportation Planning Manager, Planning and Environmental Management Office, FDOT, approves and accepts the May 2020 Draft Methodology Memorandum (the rationale for how the Miami DDA/City consultants would conduct the study). However, even though Lane Elimination Analysis is an FDOT study, Miami -Dade Department of Transportation and Public Works (DTPW) manages/operates all the signalization/traffic signals and therefore wants to have input on the methodology as well. On February 19, 2021, Yamilet Senespleda, Assistant Division Chief, Traffic Engineering, Miami -Dade DTPW, requested T.Y. Lin to submit their proposed the Draft Methodology Memorandum (the rationale for how our consultants would conduct the study) through the County's online permit system for our review and comments. T.Y. Lin agreed to this request and responded to all comments before the Draft Methodology was finally accepted. June 10, 2021: Michael Bello, Planning Division, Port Miami, requests a one-on-one meeting with Miami DDA staff and lead consultant T.Y. Lin/Vikas Jain to discuss six (6) specific issues. Christina Crespi, Neal Schafers, Lawrence Young and Vikas Jain meet with the following Port representatives: Jose Aragu, Michael Bello, Delgais Betancourt, Becky Hope, Andria Muniz- Amador, Carlos Naranjo, Nikki Padilla, Alissa Penaloza, Gerard Philippeaux and Jesus Valido. Our team reviewed all their comments/issues and explained to them in-depth the change in the overall design, where only 2 vehicular travel lanes would be repurposed, versus the 4 vehicular travel lanes that were originally proposed to be repurposed. As a result of this meeting, the Port staff agrees to support the project. July through October 2021: Anamersy Arce, Traffic Engineer II, Traffic Engineering Division, Miami -Dade County DTPW, formally requests the Biscayne Green Lane Elimination Draft Report is also uploaded to the Public Works online permit system. Their staff and reviewers then provide comments, and T.Y. Lin had to respond to all those comments as well. It took four (4) months to satisfy all comments. Please see below the rationale provided by Vikas Jain (T.Y. Lin) for additional resources required to complete the project and a staff-hour/fee estimate: DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Tasks/Job Classification Senior Project Manager Senior Senior Transportation Transportation Engineer Engineer Staff Hours Labor Loaded Hourly Rates 516x.1 5150.8 5150.8 Concept Plan - Revisions and Updates 8 0 48 56 $8,584.00 Traffic Impact Analysis - Updates 8 48 0 56 $8,584.00 Project Coordination/Meetings 8 0 0 8 $1,345.60 Final Concept Report 24 4 2 30 $4,941.60 Quality Control Total Staff Hours (A) 8 56 $9,419.2 0 52 $7,841.6 0 50 $7,540.0 8 158 $1,345.60 $24,800.80 Total - Amount by lob Classification (B) I would like to commend Vikas Jain (T.Y. Lin) for taking on so much additional work, completing it in a professional and timely manner, and for doing so in good faith. He and his team's work has kept this 2-year study on track and in good standing. Thank you for taking the time to review this request and please do not hesitate to follow up with any further questions. DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD Service Category Contract Type Consultant CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Transportation Planning and Traffic Engineering Services for Biscayne Boulevard (RFQ No. 16-17.-056) Project Specific T.Y. Lin International TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 4 ARTICLE 2 GENERAL CONDITIONS 7 7 2.02 SCOPE OF SERVICES 7 2.03 COMPENSATION 7 ARTICLE 3 PERFORMANCE 7 3.01 PERFORMANCE AND DELEGATION 7 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 7 3.03 CONSULTANT KEY STAFF 7 3.04 TIME FOR PERFORMANCE.. 8 ARTICLE 4 SUB CONSULTANTS 8 4.01 GENERAL 8 4.02 SUBCONSULTANT RELATIONSHIPS 8 4.03 CHANGES TO SUBCONSULTANTS 8 ARTICLE 5 DEFAULT 8 5.01 GENERAL 8 5.02 CONDITIONS OF DEFAULT 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE 6.02 CONSULTANT'S RIGHT TO TERMINATE 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS 7.02 DELIVERY UPON REQUEST OR CANCELLATION 7.03 RE -USE BY CITY 7.04 NONDISCLOSURE 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 7.06 E. VERIFY ARTICLE 8 INDEMNIFICATION ARTICLE 9 INSURANCE 9.01 COMPANIES PROVIDING COVERAGE 9.02 VERIFICATION OF INSURANCE COVERAGE 9.03 FORMS OF COVERAGE 9.04 MODIFICATIONS TO COVERAGE ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS 10.02 ENTIRE AGREEMENT 10.03 SUCCESSORS AND ASSIGNS 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 10.06 NOTICES 10.07 INTERPRETATION 10.08 JOINT PREPARATION 10.09 PRIORITY OF PROVISIONS 10.10 MEDIATION - WAIVER OF JURY TRIAL 10.11 TIME IS OF THE ESSENCE 10.12 COMPLIANCE WITH LAWS 10.13 NO PARTNERSHIP 2.01 TERM 10.14 DISCRETION OF DIRECTOR 9 9 9 9 9 9 10 10 10 10 10 10 11 11 12 12 12 12 13 13 13 13 13 13 14 14 15 15 15 15 15 15 16 16 17-2916 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD TABLE OF CONTENTS (CONTINUED) 10.15 RESOLUTION OF CONTRACT DISPUTES: 16 10.16 INDEPENDENT CONTRACTOR: 17 10.17 CONTINGENCY CLAUSE' 17 10.18 THIRD PARTY BENEFICIARY 17 10.19 PERFORMANCE EVALUATIONS 17 10.20 DISADVANTAGE BUSINESS ENTERPRISE (DBE) REPORTING 17 10.21 BID OPPORTUNITY LIST REPORTING 17 10.22 DRUG FREE WORKPLACE CERTIFICATION 17 10.23 ADDITIONAL TERMS AND CONDITIONS 18 ATTACHMENT A - SCOPE OF SERVICES 22 ARTICLE Al GENERAL 22 A1.01 PROJECT BACKGROUND 23 A1.02 CORRIDOR OVERVIEW 24 ARTICLE A2 BASIC SERVICES 24 A2.01 TASK 1: PROJECT MANAGEMENT AND COORDINATION 25 A2.02 TASK 2: DATA COLLECTION 26 A2.03 TASK 3: PUBLIC INVOLVEMENT AND STAKEHOLDER OUTREACH/COORDINATION 31 A2.04 TASK 4: CONCEPT DEVELOPMENT AND DESIGN 34 A2.05 TASK 5: TRANSPORTATION ANALYSIS 34 A2.06 TASK 6: ENVIRONMENTAL IMPACT ANALYSIS 39 A2.07 TASK 7: PROJECT IMPLEMENTATION 39 A2.08 TASK 8: MAJOR DELIVERABLES 39 ARTICLE A3 SCHEDULE OF WORK - TIME OF PERFORMANCE 41 ARTICLE A4 ADDITIONAL SERVICES 42 ARTICLE A5 DATA PROVIDED BY CITY 43 SCHEDULE Al - SUBCONSULTANTS 44 SCHEDULE A2 - KEY STAFF 44 ATTACHMENT B - COMPENSATION AND PAYMENTS 47 ARTICLE B.1 METHOD OF COMPENSATION 47 B1.01 COMPENSATION LIMITS 47 B1.02 CONSULTANT NOT TO EXCEED 47 ARTICLE B2 WAGE RATES 47 B2.01 FEE BASIS 47 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS 47 B2.03 MULTIPLIER 47 B2.04 CALCULATION 48 B2.05 EMPLOYEE BENEFITS AND OVERHEAD 48 B2.06 ESCALATION 48 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 48 B3.01 HOURLY RATE FEES 48 B3.02 REIMBURSABLE EXPENSES 48 B3.03 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES: 48 B3.04 FEES FOR ADDITIONAL SERVICES 48 B3.05 PAYMENT EXCLUSIONS 49 B3.06 FEES RESULTING FROM PROJECT SUSPENSION 49 ARTICLE B4 PAYMENTS TO THE CONSULTANT 49 B4.01 PAYMENTS GENERALLY 49 B4.02 FOR COMPREHENSIVE BASIC SERVICES 50 B4.03 BILLING - HOURLY RATE 50 B4.04 PAYMENT FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES 50 B4.05 DEDUCTIONS 50 REIMBURSABLE EXPENSES: 50 B4.06 GENERAL 50 B4.07 REIMBURSEMENTS TO SUBCONSULTANTS 50 ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS 50 B5.01 GENERAL 50 SCHEDULE B2 - CONSULTANT INVOICE 55 ATTACHMENT C 56 Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 2 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD Service Category Contract Type Consultant Consultant Office Location City Authorization Agreement Number CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT Transportation Planning and Traffic Engineering Services for Biscayne Boulevard Project Specific (RFQ No. 16-17-056) T.Y. Lin International 201 Alhambra Circle, Suite 900, Coral Gables, FL 33134 Section 18-87, City of Miami Code 17-2916 This Professional Services Agreement ("Agreement") made this .3 day of -641Yb'r.in the year 2019 ("Agreement") by and between the City of Miami, Florida, a Florida municipal corporation, hereinafter called the "City," and T.Y. Lin International, hereinafter called the "Consultant." RECITAL A. The City issued a Request for Qualifications ("RFQ") No. 16-17-056 on November 27, 2017 for the provision of Transportation Planning and Traffic Engineering Services for Biscayne Boulevard ("Services") and 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, and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. 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, to provide the professional services as described herein. WITNESSETH, that the City and the Consultant, for the considerations herein set forth, agree as follows: Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 3 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 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 mean 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 which is a party hereto and for which this Agreement is to be performed. In all respects hereunder, City's performance is pursuant to 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 City's authority as a governmental body and shall not be attributable in any manner to 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. 1.08 Construction Training/Qualification Program (CTQP) means the City program for training and qualifying technicians in Aggregates, Concrete, Earth work, and Asphalt. The University of Florida Transportation Research Center (TRC) administers this program. Program information is available at the CTQP website. 1.09 Commission means the legislative body of the City of Miami. 1.10 Consultant means the individual, partnership, corporation, association, joint venture, or any combination thereof, of properly registered professional architects, or engineers, which has entered into the Agreement to provide professional services to the City. 1.11 Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. 1.12 Construction Project Manager means the City employee assigned to manage the Construction Engineering and Inspection Services Agreement and represent the City during the performance of the services covered under this Agreement. 1.13 Community Small Business Enterprise ("CSBE") means construction related enterprise, including a design -build firm, and any firm providing trades and/or services for the completion of a construction project, as defined in Chapter 10 of the Code of Miami -Dade County. 1.14 Department means or refers to the City of Miami's Office of Capital Improvements ("OCI') formerly known as Capital Improvements and Transportation Program ("CITP"). 1.15 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 the purpose of this Agreement, the Director is the top administrator of the Office of Capital Improvements or his designee. 1.16 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 construction contractor to perform rework or additional work or which causes a delay to the completion of construction. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 4 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 1.17 Errors and Omissions means design defects or 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. 1.18 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make inspections of Work performed by a Contractor. 1.19 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. 1.20 Notice to Proceed means 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 Consultant may begin work on the Project. 1.21 Omissions means items in the plans, specifications or other documents prepared by the Consultant that are not shown or included which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.22 Primary Services mean 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. 1.23 Program means the City's multi -year Capital Plan, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.24 Project means the study, 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. 1.25 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor the Services to be performed under this Agreement and the construction of a project as a direct representative of the City. 1.26 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. 1.27 Professional Services Agreement ("Agreement" or "PSA") means this Agreement and 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. 1.28 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. 1.29 Risk Administrator means the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.30 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables and milestones required for the completion of Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.31 Small Business Enterprise ("SBE") means an architectural, landscape architectural, engineering or surveying and mapping professional services, including a design -build firm, as defined in Section 2- 10.4.01 of the Code of Miami -Dade Count Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 5 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 1.32 Subconsultant/Subcontractor means a person or organization of properly registered professional architects, engineers, registered surveyor or mapper, and/or other professional specialty that has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. 1.33 Verification Testing and Inspection means the level of testing and inspection as defined in the latest version of the Florida Department of Transportation (FDOT) Standard Specifications (Red Book) and FDOT's Construction Project Administration Manual (CPAM). 1.34 Wage Rates means the effective direct expense to Consultant and/or 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. 1.35 Work means all services, materials and equipment provided by, or under this Agreement with the Consultant. 1.36 Work Order means a document internal to the City authorizing the performance of specific professional services for a defined Project or Projects. 1.37 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 Project or phase of a Project. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 6 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 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 terminate upon satisfaction and completion of all the terms and conditions of the Project by the Consultant. 2.02 SCOPE OF SERVICES Consultant agrees to provide the Services as specifically described and set forth in Attachment "A — Scope of Services" hereto, which by this reference is incorporated into and made a part of this Agreement. 2.03 COMPENSATION 2.03-1 Compensation Limits The amount of compensation payable by the City to the Consultant shall be a not to exceed fee, based on the rates 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 exceed $459,248.79 in total over the term of the Agreement, as detailed in Attachment A, unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. Said fee is comprised of a fee for Basic Services of $404,322.95 and $54,925.84 for Reimbursable Expenses, to be approved by the City, respectively, in its sole discretion, and with supporting documentation and Consultant's professional methodology. The City may, in its sole and absolute discretion use other compensation methodologies. 2.03-2 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 Consultant's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. The Consultant's invoice must be a "Proper Invoice" as defined by Section 218.72, Florida Statutes. If Consultant is entitled to reimbursement of travel expenses, then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The Consultant shall utilize Attachment B, Scheduled B2 - Consultant Invoice, for the submission of invoices. Invoicing shall be submitted on a monthly basis, and in accordance with Article B4, Payments to the Consultant. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the Consultant's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said other person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or designee may make written request to Consultant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Subconsultants or Subcontractors, or any personnel of any such Subconsultants or Subcontractors engaged by the Consultant to provide and perform Services pursuant to the requirements of this Agreement. The Consultant shall respond to 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 Consultant. Such request shall solely relate to said employees work under this Agreement. 3.03 CONSULTANT KEY STAFF The parties acknowledge that Consultant was selected by City, in part, on the basis of qualifications of particular staff identified in Consultant's response to City's solicitation, hereinafter referred to as "Key Staff'. Consultant shall ensure that Key Staff are available for Work hereunder as long as said Key Staff is in Consultant's employ. Consultant will obtain prior written acceptance of Director or designee to change Key Staff. Consultant shall provide Director, or designee with such information as necessary to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such acceptance shall not constitute any responsibility or liability for the individual's ability to perform. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 7 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 3.04 TIME FOR PERFORMANCE The Consultant agrees to start all Work hereunder upon receipt of a Notice to Proceed issued by the Director and to complete each assignment, task or phase within the time stipulated in the Notice to Proceed. Time is of the essence with respect to performance of 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 claim by the Consultant for extra compensation. Time is of the essence in performance of services under this agreement. 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 61 G1 and Chapter 471 of the Florida Statutes, as amended. 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 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 SUB CONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.32 is a firm that was identified as part of the consulting team in the competitive selection process by which Consultant was chosen to perform the services under this Agreement, and as such, is identified and listed in Schedule Al — Subconsultants, attached hereto and incorporated by reference. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The Consultant acknowledges that Subconsultants are entirely under its direction, control, supervision, retention and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The Consultant shall not add or modify change any Subconsultant listed in 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 substitution. ARTICLE 5 DEFAULT 5.01 GENERAL If Consultant fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Consultant shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Consultant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Consultant while Consultant was in default shall be immediately returned to the City. Consultant understands and agrees that termination of this Agreement under this section shall not release 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, 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, City may also suspend or withhold reimbursements from Consultant until such time as the actions giving rise to default have been cured. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 8 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 5.02 CONDITIONS OF DEFAULT A finding of default and subsequent termination for cause may include, without limitation, any of the following: 5.02-1 Consultant fails to obtain or maintain the professional engineering certification/licensure, insurance or bonding herein required. 5.02-2 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 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 time the 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 shall 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 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. No additional moneys or fees will be payable by the City it being agreed that due to FORCE MAJEURE only a time extension may be granted at the sole discretion of the City. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City, including the City Manager, Director, or the Director's authorized designee, has the right to terminate this Agreement for any reason or no reason, upon ten (10) days' written notice. Upon termination of this Agreement, all charts, sketches, studies, drawings, and other documents, including all electronic copies related to Services authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's authorized designee. The Consultant shall be paid in accordance with provisions of Attachment B, provided that said documentation is turned over to Director or 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 Consultant until all documentation is delivered to the Director or designee. 6.01-1 Consultant shall have no recourse or remedy from a termination made by the City except to retain the fees earned compensation for the Services that was 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. 6.02 CONSULTANT'S RIGHT TO TERMINATE The Consultant shall have the right to terminate this agreement, in writing, following breach by the City, if breach of contract has not been corrected within sixty (60) days from the date of the City's receipt of a written statement from Consultant specifying its breach of its duties under this Agreement. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 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. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 9 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT For the breach or violation of this provision, the City shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 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 there from, including all electronic digital copies will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to Consultant or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to City at any time during the performance of such services and/or upon completion or termination of this Agreement. Consultant shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit the site for inspection of the work and the products of 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 of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) days of cancellation, or within ten (10) days of request by the City, shall be just cause for the City to withhold payment of any fees due Consultant until Consultant delivers all such documents. 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 Services will include the provision for the re -use of plans and specifications, including construction drawings, at the City's sole option, and by virtue of signing this Agreement Consultant agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees or documents being required and without recourse for such re -use. The Consultant will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NONDISCLOSURE To the extent allowed by law, Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without Director or 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 where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its employees, agents, Subconsultants and Subcontractors 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, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the Consultant for a minimum of five (5) 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 five (5) 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 Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 10 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 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. Access to records hereunder shall also be available to FDOT and the Federal Highway Administration (FHWA). 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(a,MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 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 Contract and shall expressly require any Subconsultant performing work or providing services pursuant to the Contract 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 Subcontractor during the Agreement term. ARTICLE 8 INDEMNIFICATION To the fullest extent permitted by law, the Consultant shall indemnify, save, defend and hold harmless the City, State of Florida, Florida Department of Transportation, and their respective officers and employees, from all liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, carelessness, negligent act or omission, or intentional wrongful misconduct of the Consultant and persons employed or utilized by the Consultant in the performance of this Agreement. This indemnification shall survive the termination and/or expiration of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the City's sovereign immunity. 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 satisfactory to the City. 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 expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City whether performed by the Consultant, or persons employed or utilized by Consultant. This indemnity will survive the cancellation or expiration of this Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable and as applicable. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 11 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT The Consultant shall require all Subconsultant agreements to include a provision that they will indemnify the City, FDOT, and its officers and employees. 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 Sub- Consultant, 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 all insurance required hereunder and the City's Risk Manager or his/her 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 Risk Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the Consultant has obtained insurance of the type, amount and classification required by these provisions, in excess of any pending claims at the time of contract award to the Consultant. Consultant shall maintain coverage with equal or better rating as identified herein for the term of this contract. Consultant shall provide written notice to the City's Department of Risk Management of any material change, cancellation and/or notice of non -renewal of the insurance within 30 days of the change. Consultant shall furnish copies of insurance policies pertaining to this Agreement to Risk Administrator within ten (10) days of written request. 9.03 FORMS OF COVERAGE 9.03-1 COMMERCIAL GENERAL 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. 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 (30) days/(10) 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 (30) days/ (10) 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 year after completion of the construction and acceptance of any project covered by this Agreement. 9.03-4 WORKER'S COMPENSATION INSURANCE Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 12 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 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 Consultant shall ensure that all Subconsultants comply with these same insurance requirements. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or his/her 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 The City reserves the right to audit the Consultant's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The Consultant agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the Consultant. The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code, are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of any 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 transference without City Commission approval shall be cause for the City to cancel this Agreement. The Consultant shall have no recourse from such cancellation. 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 certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 13 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 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.. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by 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: Emilio T. Gonzalez, Ph.D. City Manager Office of the City Manager City of Miami 444 S.W. 2nd Avenue, 10th Floor Miami, Florida 33130-1910 Email: etgonzaleza,miamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director Department of Procurement City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: anniepereza.miamicov.com Phone: 305-416-1910 Victoria Mendez City Attorney Office of the City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130-1910 Email: victoriamendeza.miamigov.com Phone: 305-416-1832 With Copies to: Steven C. Williamson Director Office of Capital Improvements City of Miami 444 S.W. 2nd Avenue, 8th Floor Miami, Florida 33130-1910 Email: swilliamsona.miamigov.com Phone: 305-416-1225 For Consultant: Mariano O. Valle, P.E. Sr. Vice President Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 14 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT T.Y. Lin International 201 Alhambra Circle, Suite 900 Coral Gables, FL 33134 Email: mariano.valle(a�tylin.com Phone: 305-567-1888 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 particular 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 of the subsections of such Section, unless the reference is made to a particular 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 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. Where state law and federal law are in conflict, the City will follow the most restrictive requirement, except in cases where the state or local requirement is in direct violation of federal requirements. 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 with all Subconsultants and/or independent contractors and/or Consultants 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 IS OF THE ESSENCE 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 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. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 15 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 10.12-1 Non -Discrimination 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 Consultant's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, 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 or local laws, rules, regulations and ordinances. The City reserves the right to refuse Consultant access to City property, including project jobsites, if Consultant 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 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 & 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 Consultant is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise between the parties. The Consultant has no authority to bind the City to any promise, debt, default, or undertaking of the Consultant. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES: 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 Assistant Director -Contracts, as identified in Article 10.06, Notices. Upon receipt of said notification the Assistant Director -Contracts shall review the issues relative to the dispute and issue a written finding. Should the Consultant and the Assistant Director -Contracts fail to resolve the dispute, the Consultant shall submit their dispute in writing within five calendar days to the Director. 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 shall review the issues relative to the dispute and issue a written finding. Consultant must submit any further appeal in writing within five 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 his/her resolution, is required prior to Consultant being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000, the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if applicable, or (ii) a period of sixty (60) 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) days has expired where City Manager's decision is subject to City Commission approval; or Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 16 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT (iii) 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: 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, 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. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, and agrees to provide workers' compensation insurance for any employee or agent of Consultant rendering services to the City under this Agreement. 10.17 CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days' notice. 10.18 THIRD PARTY BENEFICIARY 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 PERFORMANCE EVALUATIONS The City shall conduct performance evaluations during and after completion of agreements with Consultants, which are used as a basis for the awarding of future work as well advising the Consultant of their performance. 10.20 DISADVANTAGE BUSINESS ENTERPRISE (DBE) REPORTING If applicable, the Consultant shall complete the Anticipated DBE Participation Statement through the Equal Opportunity Compliance system within three business days after the pre -construction or pre -work conference for all federal and state funded projects. Consultant shall assist FDOT in tracking and reporting planned or estimated DBE utilization. FDOT currently has a race neutral program with a 10.65% goal as certified under the Florida Unified Certification Program. During the term of the Agreement, the Consultant shall be required to report payments to DBE and MBE Subconsultants through the web -based Equal Opportunity Compliance (EOC) system. Note: The Consultant must report DBE utilization or the lack thereof. All DBE payments must be reported whether or not you initially planned to utilize the firm. All questions regarding DBE reporting should be directed to EOOHelp(n?dot.state.fl.us. 10.21 BID OPPORTUNITY LIST REPORTING The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote Subconsultants on FDOT-assisted projects, including DBE's and non -DBEs. Consultant shall complete the Bidders Opportunity List through the Equal Opportunity Compliance system within three business days of submission of the proposal for ALL Subconsultants who quote to you for specific services for this solicitation. FDOT Form #375-040-62 — Bid Opportunity List for Professional Consultant Services, and Commodities & Contractual Services is included in this Agreement at page 59, below. The web address to the Equal Opportunity Compliance system is listed below: https://www.fdot.qov/equalopportunitv/eoc.shtm 10.22 DRUG FREE WORKPLACE CERTIFICATION The Consultant hereby certifies that it will provide a drug -free workplace program by: a. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Consultant's Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 17 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT workplace, and specifying the actions that will be taken against employees for violations of such prohibition. b. Establishing a continuing drug -free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Consultant's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and, (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Giving all employees engaged in performance of the Agreement a copy of the statement required by subparagraph (a); d. Notifying all employees, in writing, of the statement required by subparagraph (a), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and, (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; e. Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; f. Within thirty (30) calendar days after receiving notice under subparagraph (d) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and, Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraphs(a) through (f). 10.23 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the Project, 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. g. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 18 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD Print Name, Title Print Name, Title of Auth, ATTEST: Consultant Secretary (Affirm Consultant Seal, if available) ATTEST: // / APPROVED AS/TO I 'SURANCE REQUIREMEyr / U 'I/ Ann Marie Risk Man rpe, Director ent Department CITY OF MIA State of Florida PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: wri ,e6 Q,A„)., Signature T.Y. INTERNATION . 1- oreig or. •ration Sig a ure Teton; : Avio:[/&614'J 64/d'el vy ariano O. Valle, Senior Vi ,e President ial Emilio TT onzalez, Ph.D., City Manager APPROVED A,S-05-1—aAL FORM AND CORRECTN` SS: ii c}ria Mendez, Ci y Attorney Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 of the Page 19 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of T.Y. Lin International , a corporation or anized and existing under the laws of the State of California , held on the ?y day of Of,i-0104✓ 2o/ Y , a resolution was duly passed and adopted authorizing (Name) Mariano O. Valle as (Title) Senior Vice President of the corporation to execute agreements on behalf of the corporation and providing that his/her 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. I 1N IT S WHEREOF, I have hereunto set my hand this ask, day ef-tagtrst;'20'1$. a44 1.- Secretary: Print: Ile w F'.e ni3 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board , a partnership organized the laws of the State of held on the _day of was duly passed and adopted authorizing (Name) (Title) of the partnership to execute agreements partnership and provides that his/her execution thereof, attested by a partner, act and deed of the partnership. of Directors of and existing under , a resolution as on behalf of the shall be the official I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of 20 • Partner: Print: Names and addresses of partners: Name Street Address City State Zip Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 20 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) business as (d/b/a) executed and am bound by the terms of the. Agreement to which this IN WITNESS WHEREOF, I have hereunto set my hand this day of Signed: Print: NOTARIZATION STATE OF 800/34 SS: COUNTY OF H!A--(r'% -DAD , individually and doing (If Applicable) have attestation is attached. , 20. foregoing instrument was acknowledged before me this 3"" day of J , 20 )9 , by M,c)-�Ja- t, 0 , V Ape_ , who is personally known to iQ or wh has produced as identification and who (did / did not) take an oath. SI ATUR STATE OF JENNY ALONSO (;;State of Florida -Notary Public Commission # GG 188136 a My Commission Expires February 20, 2022 PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 21 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A - SCOPE OF SERVICES RFQ 16-17-056 ARTICLE Al GENERAL The Consultant shall provide Transportation Planning and Traffic Engineering Services for Biscayne Boulevard (the "Services", "Scope of Services", "Scope" or "Project"). Consultant shall provide said Services in accordance with Section §287.055 Florida Statutes, as amended, Consultants' Competitive Negotiations Act ("CCNA"). A growing number of communities are discovering the value of their streets as important public spaces for many aspects of daily life. People want streets that are safe to walk and bike along, offer places to meet people, link neighborhoods, and have a vibrant mix of uses to promote convenience and accessibility. And more people want to be able to walk and ride bicycles within their neighborhoods. These communities joined a growing nationwide movement coalesced around a simple idea: our streets should work for everyone, of all ages and abilities, regardless of how they travel. This simple idea is "Complete Streets." The power of the Complete Streets movement is that it fundamentally redefines what a street is intended to do, what goals a transportation agency is going to meet, and how the community will spend its transportation money. It breaks down the traditional separation of 'highways,' 'transit,' and 'biking/walking,' and instead focuses on the desired outcome of a transportation system that supports safe use of the roadway for everyone, by whatever means they are traveling. Integrating Context -Sensitive Solutions (CSS) principles within the transportation planning process assists communities in reaching their transportation goals by encouraging the consideration of land use, transportation and infrastructure needs in an integrated manner. With a thorough understanding of CSS principles and design process, the goal is to integrate community objectives, accommodate all users and make decisions based on an understanding of the trade-offs that frequently accompany multiple or conflicting needs. The planning principles guiding this planning effort intend to provide a balance between mobility and livability. The City has recognized the growing need to accommodate multiple modes of transportation and continues to seek solutions to address traffic congestion and alleviate national challenges related to health, energy, climate change, and clean air. The Scope of Services may include, but may not be limited to, providing general transportation planning and traffic engineering services for the completion of a lane elimination analysis for Biscayne Boulevard between SE 1st Street and NE 6th Street within Downtown Miami related to the implementation of Biscayne Green and report on the impacts of such a change in the surrounding network. The City is seeking to evaluate possible changes such as to eliminate lanes of traffic in each direction from Biscayne Boulevard in order to increase multimodal safety, operations, and connectivity utilizing a Complete Streets and context -sensitive approach. This effort will build upon any previous studies available. The proposed study will be developed at a level acceptable to the FDOT and in compliance to the Statewide Lane Elimination Guidance developed by FDOT in 2014. This study intends to support a design -driven vision rather than a model -driven vision to determine how best to meet the needs of the current and future users of the corridor, and to solidify plans for Biscayne Green as it intends to find the right balance between land use and transportation needs. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 22 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT A1.01 PROJECT BACKGROUND Downtown Miami has grown exponentially over the last decade, and now boasts approximately 90,000 residents and a daytime population of 220,000 people, with thousands of additional residents, workers and visitors projected in the years ahead. As downtown's population increases and new developments emerge, our traffic patterns are becoming more complex and our transportation needs are expanding. There is also a greater need to accommodate multiple modes of transportation for users of all ages and in a safe and dignified manner. The 2025 Downtown Miami Master Plan adopted by the Miami DDA Board of Directors in 2009 provides specific initiatives to promote transit and rebalance roadways toward transit, pedestrians and cyclists, enhancing safety and walkability of downtown streets. On December 23, 2013, the City amended Chapter 14 of Article II of the City Code to create a Downtown Pedestrian Priority Zone to apply to all public rights -of -ways within the boundaries of the Downtown Development Authority ("DDA"). These include standards for pedestrian comfort and safety. On April 8, 2014, Miami Dade County also passed Resolution-347-14 supporting the creation of the Downtown Pedestrian Priority Zone in order to further the goal of making Downtown Miami pedestrian - friendly and safe for all. Additionally, in 2013 and 2014, the City and Miami -Dade County passed legislation to implement Complete Streets programs. And last June 2016, The Board of County Commissioners approved Resolution No. R-529-16 adopting the Miami -Dade Local Action Plan for Safer People, Safer Streets, a plan that focuses on implementing projects that increase bicycle and pedestrian safety, and encourage more biking, walking, and transit use in Miami -Dade County. Biscayne Green is a long-term vision to redesign and repurpose Biscayne Boulevard into a pedestrian promenade, enhancing pedestrian safety and connectivity in Downtown. Biscayne Green will create dynamic spaces and better accommodate multiple modes of transportation. The intent is to repurpose the corridor to meet the transportation needs of all street users in a safe and comfortable manner. The proposal for this vision includes narrowing the segment of Biscayne Boulevard between SE 1st Street and NE 6th Street and also provide for on -street parking. The proposal also calls for an off-street bicycle facility through this section. The proposed configuration for the boulevard will narrow pedestrian crossing distances and provide safer bicycle and pedestrian connections from the downtown core outward in all directions. The Biscayne Green proposal aims to minimize the barrier effect of Biscayne Boulevard and to enhance the connections to Bayfront Park and the Biscayne to make downtown a more walkable, accessible, and connected place in order to elevate the status of Downtown Miami as a walkable and pedestrian safe environment. The following principles shall be considered: 1. Minimize the barrier effect of the Boulevard 2. Expand transportation options so people can choose how to travel 3. Safety of pedestrians, bicyclists, public transit users, and motorists. 4. Balance community values and mobility needs. 5. Promote the efficient use of energy resources. 6. Utilize an Integrated land use and transportation planning approach 7. Support local economic development goals (Downtown CBD). 8. Promote healthy lifestyles Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 23 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 9. Balance parking needs 10. Deemphasize the automobile dominated environment 11. Balance all modes of travel to maximize the utilization of Biscayne Boulevard A1.02 CORRIDOR OVERVIEW The subject corridor planning study described on this Scope involves approximately a half -mile section of Biscayne Boulevard (US1) between SE 1st Street to NE 6th Street. The existing corridor segment is an eight (8) lane arterial with curb and gutter through Downtown Miami. Travel lanes are 11' and 12' in each direction with a center median utilized as parking lots. Turn lanes are sometimes provided at the various signalized intersections. The estimated ROW width along the Project area ranges between 180 ft. - 230 ft. The posted speed limit is 30 miles -per -hour (mph) throughout this segment of the corridor and is entirely located within the City and DDA boundary limits. The character of the corridor is urban and fully developed. There are continuous sidewalks along both sides of the corridor. There are no marked bicycle lanes. The corridor presents a mix of commercial and residential uses emphasizing a need to accommodate multiple modes of transportation. The corridor includes signalized intersections at these locations within the study area: 1. Biscayne Boulevard and SE 1st Street 2. Biscayne Boulevard and E Flagler Street 3. Biscayne Boulevard and NE lst Street 4. Biscayne Boulevard and NE 2nd Street 5. Biscayne Boulevard and NE 3rd Street 6. Biscayne Boulevard and NE 4th Street 7. Biscayne Boulevard and NE 5th Street 8. Biscayne Boulevard and NE 6th Street The goal through this elimination study is to gather the necessary documentation and support to repurpose this corridor's role to meet the transportation needs of pedestrians, cyclists, transit users and motorists. Any coordinated changes that happen along Biscayne Boulevard shall help position Downtown Miami successfully for quality of life and economic development opportunities. ARTICLE A2 BASIC SERVICES The Consultant agrees to provide the comprehensive professional Services in accordance with all applicable federal, state, county and City laws, codes, ordinances and building regulations, including, but not limited to, the Florida Building Code, the City's Miami 21 Code and the Florida Code of Ordinances, as set forth in this Agreement and further enumerated in any Work Orders, and FDOT latest version of the FDOT Design Manual (FDM). Consultant shall furnish, as Basic Services, the comprehensive professional services for the Project including those described in "Tasks" identified below. Consultant shall maintain an adequate staff of qualified personnel on the Services at all times to ensure its performance as specified in this Agreement. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 24 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT Consultant agrees to the management of compliance and reporting requirements of federally funded projects. This includes, but is not limited to,: 1. Gathering and managing submission of all required reports pursuant to FDOT and various other federal requirements. 2. Creating reimbursement requests for federal reimbursement, including all required reports and forms per FDOT and federal requirements. The Consultant shall complete an analysis that evaluates the character, the modal behavior, traffic conditions, existing and future parking configuration, adjacent land uses, and existing and potential lane configuration alternatives of Biscayne Boulevard through Downtown Miami, Florida (between SE 1st Street to NE 6th Street) and determine the feasibility of eliminating lanes of traffic in each direction in order to increase multimodal utilization, safety, operations, and connectivity utilizing a Complete Streets and context -sensitive approach. The proposed study will be developed at a level acceptable to FDOT and in compliance with the Statewide Lane Elimination Guidance developed by FDOT in 2014. The deliverables of this Scope shall include: 1. Existing Conditions Technical Memorandum 2. Project Need Statement/Guiding Principles 3. Public Workshop Summary, Stakeholder Interview Summary, Public Meeting Minutes 4. Transportation Analysis Technical Memorandum 5. Environmental Impacts Assessment Technical Memorandum 6. Conceptual Design — Plans, Typical Sections, Renderings/Visualization 7. Cost Estimates and Implementation Plan 8. Draft and Final Concept Report The goal of this lane elimination study is to gather the necessary documentation and support to repurpose this corridor's role to meet the transportation needs of pedestrians, cyclists, transit users and motorists. Any coordinated changes that happen along Biscayne Boulevard shall help position Downtown Miami successfully. A2.01 TASK 1: PROJECT MANAGEMENT AND COORDINATION The Consultant shall perform all services necessary to properly coordinate the activities of all parties involved in completing the Project. These include maintaining complete and accurate records of all activities and events relating to the Project; properly documenting all significant Project changes; and interpreting specifications and contract provisions. In addition to the specific services detailed below, the traffic Consultant shall coordinate work with the City, the DDA and the Project team; monitor the Project schedule as it relates to the Scope contained herein; and provide timely invoicing and reporting of Project progress. A2.01.1 Coordination Meetings A2.01.1 (a) Progress Meetings CONSULTANT Project Manager will prepare for, attend and complete follow-up activities associated with monthly progress meetings (up to 9 meetings including kick-off meeting) with the City and DDA Project Managers to review Project status to date, activities Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 25 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT accomplished, next steps, budget and schedule adherence, review of unforeseen events, etc. All of these meetings will be held in person, and will include preparation and corresponding materials (agenda, progress reports, etc), and follow-up activities resulting from these monthly meetings. These meetings will also serve as stakeholder meetings to collect input from other departments on an as needed basis. A2.01.1 (b) Invoicing and Progress Report CONSULTANT will prepare a work breakdown structure and schedule for all tasks and deliverables necessary to complete the Project on time and within budget. CONSULTANT will also prepare and submit monthly invoices in a format approved by the City, DDA and FDOT. A2.01.1 (c) Other Administrative Activities CONSULTANT will prepare, submit and file all documentation required under this Agreement with the City, including detailed statements per the City's and FDOT's requirements, expense reports/receipts, and preparation of Subconsultant agreements. Deliverables: Meeting agenda, meeting materials/handouts, minutes of meeting A2.02 TASK 2: DATA COLLECTION The Consultant shall collect available data and inventory physical features of the corridor in order to prepare a preliminary assessment of the corridor's operations, issues, and concerns to support the Corridor Planning process. This will include transportation (operational and infrastructure) data obtained through review of previous studies and plans, field reviews, coordination with agencies, and other publicly available data sources such as City GIS resources and FDOT databases. The Consultant shall conduct targeted data collection that will be pertinent and useful to making recommendations for multimodal improvements along the Corridor. The types of data that could be pertinent to the subject study are listed below. The intent is to utilize readily available information to identify possible issues or considerations that will feed into stakeholder coordination and alternatives identification. To the extent possible, the Consultant shall collaborate with partner agencies for support during the data collection effort to the extent that this may benefit the assessment. The Consultant will not conduct detailed investigations of air/noise, soils, contamination, drainage, or other characteristics as part of this planning study. The data collection task may consider the following information: Community Characteristics Community -Defined Issues Consensus on Community Boundaries Demographics Existing Land Use Characteristics Property Ownership Businesses and Employment Educational /Community Institutions Leisure and Recreation Site Design Characteristics Redevelopment Potential Context Zones Social Media Existing Land Use Plans / Context Zones Transportation Characteristics Community -Defined Issues Network Characteristics Roadway Conditions / Speeds Parking Facilities Intersections & Signals/ ITS Rig ht-of-Way Traffic Data / Factors Existing LOS Access Management Lighting, Bike / Pedestrian Features Transit Facilities / Locations Potential Safety Issues / Gaps Parallel Facilities & Connectivity Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 26 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT Environmental Characteristics Community -Defined Issues Natural Resources and Landscapes Biological Communities and Wetlands Conservation Areas / Mitigation Sites Contamination Site Potential Cultural, Historic, and Archaeological Engineering / Site Characteristics Existing Utilities / Fiber -Optics Soils and Geotechnical Data Flooding and Drainage Issues Existing Permits / Current Criteria Transit Service, Headways, Ridership Multimodal Quality of Service / TDM Design Controls and Standards Transportation Plans / Sustainability Existing Travel Patterns Integrating Context -Sensitive Solutions (CSS) principles within the transportation planning process assists communities in reaching their transportation goals by encouraging the consideration of land use, transportation and infrastructure needs in an integrated manner. With a thorough understanding of CSS principles and design process, the goal is to integrate community objectives, accommodate all users and make decisions based on an understanding of the trade-offs that frequently accompany multiple or conflicting needs. The planning principles guiding this planning effort intend to provide a balance between mobility and livability. A2.02.1 Existing Planning/Background Documents The Consultant shall obtain copies of relevant past studies and future plans which may affect the corridor and any future projected conditions for the corridor. At a minimum, the following plans and studies should be researched: 1. Long Range Transportation Plan (LRTP), 2. Local Government Comprehensive Plans, including, but not limited to, Miami 21 Code, 3. Bikeway and Sidewalk Master Plans, 4. local master development plans, 5. local capital improvement plans (CIPs), 6. applicable safety and operational studies, 7. all proposed large developments which may generate significant traffic and/or provide mitigation which may include changes to segment or intersection geometry, and permit plans, 8. pending or existing projects within the Transportation Improvement Programs (TIP), 9. FDOT Work Program Items (WPI), and 10. Transit Development Plans (TDPs). 11. Future projections which have been conducted by either the state or local agencies This Corridor Planning Study will consider previous studies, planned and programmed improvements, as well as any ongoing planning efforts by the City of Miami, FDOT, and / or Miami - Dade Transportation Planning Organization (TPO). This and other data to be collected for the evaluation will be important to understanding the unique characteristics of the corridor. The Consultant shall take into consideration envisioned plans from FDOT as part of the Downtown Miami Freight Mobility Study and the recently kicked -off SR5/ US1 / Biscayne Boulevard Corridor Study (from SR 90/US 41/ SE 8th Street to Miami -Dade / Broward County Line). A2.02.2 Roadway Data Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 27 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT The Consultant shall collect data and summarize existing corridor information graphically including, but not limited to: 1. Roadway Characteristics Inventory (RCI) information, section ID, milepost, functional classification 2. Posted speed 3. typical section(s) 4. horizontal and vertical geometry 5. location of traffic signals, signage, and ITS infrastructure 6. drainage structures/system 7. lighting A2.02.3 Traffic Data The Consultant shall conduct machine (automated traffic recorder) counts, and turning movement counts at intersections on Biscayne Boulevard from the 90 degree curve at the south end of the study section and NE 8th Street, and the parallel one-way pair facility that would serve as a diversion route- SE/NE 1st Avenue and SE/NE 2nd Avenue, and including the intersections on SE 3rd Avenue, as follows: The following data shall be collected and compiled: 1. Annual Average Daily Traffic (AADT) historical and current counts from the FDOT Florida Traffic Online website and/or Miami -Dade County Department of Transportation and Public Works, Traffic Engineering Division. 2. 72-hour machine traffic counts (15-minute interval by direction) on typical non -holiday weekdays (Tuesday -Thursday) at 25 selected locations, (e.g. between critical intersections or where volume or roadway characteristics change). 3. 24-hour machine traffic counts (15-minute interval by direction) on typical non -holiday weekend day for two consecutive weekends at 25 selected locations, (e.g. between critical intersections or where volume or roadway characteristics change). 4. Turning Movement Counts — Vehicle (auto and heavy vehicle), pedestrian, and bicycle turning movement counts (TMC) at 24 signalized and un-signalized intersections for 8- hours (6AM-9AM, 11AM-1 PM, and 3PM-6PM) on a non -holiday weekday (Tuesday, Wednesday, or Thursday). 5. Field observations with regards to traffic operations including maximum queue and signal timing observations will be conducted during the AM and PM peak periods along Biscayne Boulevard. These observations will be based on traffic counts collected through video cameras. 6. Design factors - Standard K, D, and T may be obtained from the FDOT Florida Traffic Online website. 7. Any additional traffic data collection or studies requested, such as additional 72-hour or 24- hour machine traffic counts, weekend or special event turning movement counts, weekend or special event machine traffic counts, speed zone studies, travel time and delay studies, or qualitative assessment of traffic operations (such as field observations of traffic operations during peak periods), etc., shall be accomplished in the form of an Additional Services Agreement (ASA) contract. 8. Existing signal timing and phasing information for all existing signalized intersections should be obtained from the Miami -Dade County Advanced Traffic Management System (ATMS) website. A2.02.4 Transit Data Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 28 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT The data collected in this sub -task will serve to determine the impact of the transit services along the corridor, among them: 1. Transit routes serving the corridor and adjacent areas 2. Route alignments 3. Route length 4. Travel time and speed 5. Ridership per route 6. Headways 7. Service hours 8. Buses in service (peak and off-peak) 9. Number of transfers 10. Passenger Toad during peak and off peak periods and bus crowding 11. Fare payment characteristics 12. Number and location of bus stops and amenities 13. Passenger boarding and alighting by bus stop 14. Future service changes for the corridor The Consultant will coordinate with Miami -Dade TPO and Miami -Dade Department of Transportation and Public Works (DTPW) for identifying future projects within the study area. A2.02.5 Bicycle/Pedestrian Facility Collection Existing pedestrian and bicycle facilities shall be inventoried, reviewed, and summarized within the study area. The Consultant will coordinate with the TPO for identifying future projects within the study area. A2.02.6 Parking Supply The Consultant shall coordinate with Miami Parking Authority ("MPA") and its consultant to obtain an inventory and utilization data collection of the existing on -street parking (overall total and disaggregated by designation) along the study corridor on an aerial base map. Further, the Consultant shall coordinate with MPA and its consultant to obtain and review their findings from the proposed Program Plan to better understand and incorporate its parking analysis findings including potential impacts as appropriate. A2.02.7 Safety Data The Consultant shall coordinate with FDOT and obtain crash data for the most recent five (5) year period in order to prepare a safety analysis of the corridor and determine if this corridor is identified within the high crash spot or segment list. The Consultant shall obtain data from FDOT's Crash Analysis Reporting System (CARS) and 5% crash lists. A2.02.8 Community Data The Consultant shall obtain the following information: 1. Demographics 2. Community Boundaries 3. Property Ownership 4. Business and Employment 5. Educational/Community Institutions 6. Leisure and Recreation 7. Site Design Characteristics 8. Redevelopment Potential Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 29 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 9. Context Zones 10. Social Media A2.02.9 Land Use Data The Consultant shall obtain existing and future land use plans and information on land use characteristics. The Consultant shall summarize available information related to changes in future land uses and expected growth within the area surrounding the Project corridor. This might include remaining portions of the Downtown DRI and other projects to provide context of the spatial relationship to the Biscayne Boulevard corridor and other regional facilities. This will involve an assessment of key land use elements such as the identification of activity centers, significant employment, and other uses within an established `study area', which may be determined between the Consultant, the City and the DDA, or the Consultant team and the Project Visioning Team at one of the initial meetings. It is important to develop an understanding of how the key land uses interact with each other in order to determine ways to support this with a multi - modal approach. Unique venues such as the American Airlines Arena will be considered to the extent practical in identifying the travel characteristics within the corridor. A2.02.10 Access Management Data Access management data for the corridor shall be collected and evaluated for compliance with applicable access class standards. Note that additional data and analysis may be required along parallel facilities where traffic patterns/volumes may be impacted by the proposed improvements. A2.02.11 Initiation of Efficient Transportation Decision Making (ETDM) Planning Screen The Consultant shall coordinate all necessary activities required to screen the corridor study for planning level assessment through the Efficient Transportation Decision Making (ETDM) process. Coordination with the TPO and FDOT will be required to initiate the Planning Screen. A2.02.12 Major Utilities Data All major utilities along the corridor, which could have an influence on corridor development or feasibility of Build alternatives, need to be identified. The Consultant shall collect contact information for each utility company present in the study area. Further, the Consultant shall prepare a list of Utility Agency Owners (UAOs) based on a Sunshine 811 Design Ticket; collect the contact information for each UAO and prepare a utility contact list. In addition, the Consultant will distribute available plans to the UAOs, request each mark their utility facilities on the provided plans and create a document log of the utility facilities within the Project limits based on the marked plans provided by the UAO.. Field verification of utilities, meeting with UAOs and additional research beyond information provided by the UAOs is not included in the Consultant's Scope of Services as part of this planning study. A2.02.13 Right -of -Way (ROW) Data The Consultant shall obtain right-of-way information from FDOT and prepare maps documenting the available ROW in the corridor. This information will need to be plotted at an appropriate scale. The Consultant will assume that the ROW information provided by FDOT is accurate and that no further due diligence is required. A2.02.14 Aerial Photographs and Maps The Consultant shall obtain copies and electronic files of the existing aerial photography/raster images of the corridor. Copies of relevant and available maps should also be obtained (e.g., right- of-way maps, transit route maps, zoning maps, etc.). Aerials/maps will be needed to depict Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 30 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT existing land use, environmental, existing corridor right-of-way, highway characteristics, and to present Conceptual Alternatives. A2.02.15 Corridor Issues The Consultant shall research known Project issues. The focus of the research should be to identify existing technical issues as they relate to the physical roadway corridor. The Consultant shall also identify any known issues relating to jurisdictional policies and/or regulations, and public involvement issues such as organized local opposition, either past or present, which are known to exist along the corridor. A2.02.16 Project Need Statement/Guiding Principles Based on the data, plans, policies, and analysis conducted, a Project Need Statement will be developed outlining the rationale for pursuing corridor improvements. It shall also include the degree to which improvements to the corridor are consistent with local transportation planning, local comprehensive planning, land use planning, and growth management efforts. A draft list of Guiding Principles will also be developed by the Consultant. The guiding principles will be a brief list of succinct points that speak to what the community thinks is important as it relates to the multi -modal transportation vision and the associated land use goals of the study area. The guiding principles should address what the vision is, who the major users are, and what the desired role of the facility is. Performance Measures: Building upon the formulation of the Project Need Statement and the development of Guiding Principles, the Consultant shall also define performance measures that relate to the purpose and needs of the Project in order to have an established direction and a foundation in which to evaluate alternatives during the transportation analysis stage. Deliverables: Existing Conditions Technical Memorandum, including Project need statement/guiding principles A2.03 TASK 3: PUBLIC INVOLVEMENT AND STAKEHOLDER OUTREACH/COORDINATION The Consultant shall provide technical input, coordination and support for the City to hold or participate in various meetings. These activities will include: A2.03.1 Kick-off Meeting The Consultant will participate and facilitate a kick-off meeting with the City of Miami Project manager and other City staff will to review and vet the Project Scope and schedule, identify Project visioning team members, and identify potential dates and venues for the Project Visioning Team meetings. A2.03.2 Project Visioning Team Meetings The Consultant will facilitate up to two (2) Project Visioning Team meetings at key milestones throughout the study. The Project Visioning Team will serve as the Project advisory committee comprising of staff from various agencies including City, MPA, FDOT, Port of Miami, key stakeholder representatives from business community, elected official appointees and so on. The committee members will be actively engaged as part of the Project Visioning Team, as major milestone discussions and decision -making will occur at these meetings. Separate review meetings will only be conducted outside of the Project Visioning Team meetings as needed to discuss detailed technical issues, per the direction of the Project manager. The first Project Visioning Team meeting will be held to kick-off the Project with the Visioning Team. The Consultant shall present the Project's Scope, schedule, and highlight key milestones. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 31 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT This first meeting will also include a field tour (e.g. walking tour) of the corridor, to travel along the corridor by walking and / or biking to gain another point of view for the non -vehicular users. At the second Project Visioning Team meeting, the Consultant will summarize existing conditions, corridor issues, purpose and need for the Project and discuss build alternatives including their impacts relative to the Project goals and objectives. The feedback received at this meeting will help the Consultant adjust concepts and build alternatives. A2.03.3 Community Liaison Team Meetings Throughout the study, the Consultant will prepare and facilitate up to four (4) meetings with the Community Liaison Team. The Community Liaison Team will include representatives from local neighborhoods, businesses, and property owners, as previously described. The Community Liaison Team will not be a decision -making entity, but instead will be an additional sounding board to the Study Team to help disseminate information to the larger corridor community and seek input on preliminary ideas. Information presented to the Community Liaison Team will be presented after these have been reviewed and vetted with the Project Visioning Team and before they are presented to the larger community at Public Workshops. A2.03.4 Stakeholder Interviews The Consultant shall conduct up to eight (8) one-on-one stakeholder interviews to identify and document the local stakeholders' visions for the corridor. It is anticipated that due to the amount of local stakeholders, these interviews will occur back-to-back at a single venue, within an agreed time period. Each interview will last approximately 45 minutes. This initial outreach will seek to gather input on the future vision for the corridor, its users, and the role the facility should play in the transportation network. The Consultant shall schedule the interview, facilitate the interview, and take notes. A2.03.5 Miscellaneous Meetings The Consultant shall attend additional meetings (up to eight meetings) based on the direction of the City Project Manager. These meetings may include briefings with elected officials, Miami - Dade TPO board members, FDOT District 6 and other special interest groups. Three of the eight meetings are identified below: A2.03.5 (a) Initial Lane Elimination Meeting The Consultant shall prepare for and participate in methodology meeting with District review team. The Lane Elimination Review and Approval Process is initiated when the applicant meets with the District for the first time to discuss a potential or proposed lane elimination Project. The Initial Meeting will be arranged by the District Coordinator, who will be responsible for inviting the District's multi -disciplined reviewers to the Initial Meeting and providing them with any materials transmitted by the applicant in advance of the meeting. The purpose of the Initial Meeting is the sharing of preliminary information about the proposed Project, discussion of key issues, and a discussion of FDOT concerns. Typically, this meeting is an opportunity for the applicant to gain an understanding of the Lane Elimination Review and Approval Process. District reviewers are not required to prepare consolidated comments in advance of the Initial Meeting. At the Initial Meeting, District reviewers will identify any challenges that may make it infeasible for the applicant to proceed with the proposed lane elimination Project. If no such challenges are identified, District reviewers at the Initial Meeting will prepare a list of elements for the applicant to analyze in detail and provide to the District in the form of a concept report. The concept report will be discussed at the Interim Meeting in Stage 2. The District Coordinator will also send notice to Central Office (Public Involvement Office) that the District has been contacted about a lane elimination proposal. The District Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 32 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT Coordinator will provide a summary of the Initial Meeting as well as the list of elements to be addressed in Stage 2 to the applicant and to the District reviewers. A2.03.5 (b) Presentation(s) to elected officials and boards The Consultant shall prepare for and participate in a City Commission meeting to seek resolution for this lane elimination Project. A2.03.5 (c) Interim Lane Elimination Meeting The Consultant shall prepare for and participate in meeting with District review team to review comments on draft concept report. The purpose of the Interim Meeting is to discuss the results of the detailed analysis conducted by the applicant following the Initial Meeting. The applicant will provide a complete Draft concept report that summarizes this analysis to the District Coordinator no less than 30 days in advance of the Interim Meeting so that District reviewers have adequate opportunity to review the report. District reviewers' comments on the concept report will be consolidated by the District Coordinator in advance of the Interim Meeting and shared at the meeting for the purposes of discussion. The concept report requirements and the items to be discussed at the Interim Meeting will be identified at the Initial Meeting. Following discussion of District reviewers' comments on the concept report, District staff and the applicant will jointly determine if further analysis is needed. A follow-up meeting may be scheduled by the District Coordinator to resolve outstanding comments and concerns. At the conclusion of the Interim Meeting, the District Coordinator will send notice to Central Office (Public Involvement Office) that a concept report for a proposed lane elimination Project has been received and reviewed by the District. The notice shall indicate whether or not the concept report proves the Project's viability from a capacity, operations and safety perspective. The District Coordinator will also provide a summary of the Interim Meeting to the applicant and to the District reviewers. The summary will include a list of items to be addressed before the District will approve a formal application for lane elimination in Stage 3. A2.03.6 Public Workshops The Consultant shall prepare for and facilitate up to three (3) public involvement workshops throughout the study process. At a minimum, the first workshop is a public information workshop. The second workshop is the alternatives development workshop. During the second workshop, the Consultant will present two initial build alternatives along with their potential impacts and solicit feedback. Finally, the last workshop is the presentation of recommended or preferred build alternative and conclusions. These workshops will be centrally located within the study area. The first public workshop (during Discovery phase) will solicit input from any and all interested parties that wish to actively engage in the planning process. Similar to the Project Visioning Team meeting, the format of the meeting will include a brief presentation to review the study process, provide a synopsis of the existing conditions and key Project issues, and to highlight the existing and future conditions of the Corridor. The meeting will also present the guiding principles and the reinstate the overall purpose of the Study. With input from the City of Miami, the Consultant will secure a site to host the Public Workshops. If applicable, the Consultant shall pay all costs for meeting site rent and insurance. The Consultant shall provide up to six (6) staff members to attend the public workshops to assist the City's Project Manager. The City will be responsible for advertising these public workshops including sending out correspondence to residents and business owners as appropriate. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 33 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT A2.03.7 Materials for Website The Consultant shall provide Project information, graphics, and other materials generated for major deliverables, public and stakeholder coordination meetings in a suitable format to the City to share online as needed. The Consultant will not develop and/or maintain a Project specific website as a part of this planning study. Deliverables: Public Workshop Summary, Stakeholder Interview Summary, Meeting Minutes, Meeting Agenda, Display Boards/Roll Plot, PowerPoint Presentation, Meeting Materials/Handouts, Comment Forms, Sign -in Sheet A2.04 TASK 4: CONCEPT DEVELOPMENT AND DESIGN A2.04.1 Conceptual Design The Consultant shall develop conceptual design plan for two initial build alternatives based on information gathered in Task 2 as well as initial public involvement and stakeholder outreach/coordination effort. It should be noted that the technical information obtained from diversion analysis will drive the development of these initial build alternatives. Further, the Consultant will evaluate two build alternatives based on technical performance measures as well as public input. Based on this assessment, the Consultant will develop a recommended or preferred build alternative. The Consultant shall refine this recommended or preferred corridor improvement alternative to address the results of the intersection operational evaluation as well as the engineering and environmental assessment. A plan view drawing of the corridor will be prepared to illustrate the potential corridor -wide concept. This corridor plan may reflect different character zones based on the context within each segment of the corridor. The Consultant will prepare conceptual design plans (including proposed typical sections) that meet FDOT design standards for all transportation modes. A2.04.2 Case Specific Special Considerations The Consultant shall identify case specific considerations to support the application for the lane elimination Project on Biscayne Boulevard. These considerations will illustrate that the Project meets the initiative of implementing Complete Streets that the State, County, and City are committed to completing and meets the intent of the Lane Elimination Process. The Consultant shall provide the necessary arguments by highlighting consistency with previous and current plans, identifying land use characteristics, operational data, and safety and connectivity information to support the lane elimination request. The Consultant may also choose to include as part of their approach the inclusion of demonstration areas that highlight specific short-term interventions or interim measures to advance the implementation of the Project. A2.04.3 Cost Estimates The Consultant shall develop Project planning -level cost estimates for each viable improvement alternative evaluated. Total Project cost is comprised of components that include design, right-of- way, construction, and CEI. Given the planning -level detail of the concepts, cost estimates will be developed based upon FDOT's long range estimates (LRE) methodology. Planning -level order of magnitude cost estimates are intended for providing a relative comparison between options. Detailed costs would be developed in the subsequent Project Phase. Deliverables: One rendered master plan, two renderings for initial build alternatives, typical sections, cost estimates A2.05 TASK 5: TRANSPORTATION ANALYSIS A2.05.1 Travel Characteristics The purpose of this task is to gain a better understanding of the travel characteristics within the corridor and its area of influence. The Consultant will define the study area based on input Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 34 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT received from the Project Visioning Team, City/DDA staff as well as Initial Lane Elimination Meeting with District 6 review committee (Task 3.5.1). The Consultant will assess key land use elements, such as, major activity centers, significant employment, and other uses within an established `study area' to understand desire pathways that influence travel patterns. It is important to develop an understanding of how the key land uses interact with each other in order to determine ways to support this with a multi -modal approach. Consideration of the existing travel patterns within the corridor will also support the identification and evaluation of alternatives. The Consultant will use several data sources such as LEHD, FTI traffic information, SERPM model, Southeast regional household survey, transit ridership statistics, and planned transit service as needed to estimation of current mode split to include an estimate current mode split to include usage by cyclist, pedestrians, and transit riders, as well as vehicular traffic. Due to budget constraints, it is understood that the data collected during the evaluation of travel characteristics is intended to provide a representative sampling sufficient to support a planning -level evaluation. The study will also provide insight into the multimodal relationships that would be required to support the development of context -sensitive alternatives that further encourage the use of transit, or biking/walking between destinations. A2.05.2 Project Traffic Development of Project traffic shall be in accordance with FDOT 2014 Project Traffic Forecasting Handbook. A2.05.3 Existing Traffic The Consultant shall determine the existing year AADT and turning movement volumes using collected existing traffic counts and factors obtained from FDOT Florida Traffic Online. Existing traffic volumes shall be balanced as appropriate to avoid unrealistic differences between intersections, as can occur when utilizing data collected at different times. The existing volumes shall be documented in a figure. A2.05.4 Travel Demand Model Development The most recent version of SERPM 7 will be used for traffic demand modeling. The Consultant shall perform a subarea validation of the base year model to verify the model reasonably reflects traffic volumes and travel patterns in the area. The subarea must include all roadways that are anticipated to be impacted by the lane elimination and diversion. The Consultant shall review traffic modeling assumptions and inputs. Appropriate subarea modifications to socio-economic data and highway and transit network parameters (area type, facility type, speed, capacity, centroid connectors, turn penalties, routes, stops, headway, mode, operator, etc.) will be performed. The validation will be performed in accordance with the Project Traffic Forecasting Handbook. Moreover, the results of the subarea validation will be compared against the validation thresholds documented in the Project Traffic Forecasting Handbook. All modifications to the zonal data, network structure, and model parameters will be documented and carried forward to 2040 future year models. The Consultant will perform subarea extraction process and use CUBE Analyst trip table estimation process to fine-tune the OD patterns within the subarea. The future year subarea OD matrices will be developed by pivoting off the 2018 CUBE analyst OD matrices and adding the SERPM model growth from the subarea. The Consultant will review and update the 2040 horizon year Cost Feasible SERPM networks to verify that all new committed or planned projects (that impact surrounding travel patterns) are reflected in the modeling analysis. All changes to the model will be documented. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 35 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT The Build model will be developed by incorporating the Build alternative improvements into the No Build model. The Consultant will model up to two Build Alternatives. The model assignments will be reviewed for reasonableness and checked against counts and future land use changes. A2.05.5 Diversion Analysis The Consultant will perform a diversion analysis using the 2040 SERPM 7 No Build (without lane elimination) and Build (with lane elimination) assignments. The purpose of the analysis is to develop an understanding of potential route diversion as a result of the lane elimination. Select link analysis will be conducted as needed to verify the model results. The change in traffic volumes with and without the lane elimination will be graphically documented in a map. The results of this analysis will be considered during the Project traffic development. A2.05.6 Project Traffic The Consultant shall develop Project traffic for one recommended or preferred build alternative for adopted land use to conduct Segment and Intersection -Level Operational Evaluation. The methodology for traffic projections shall be presented and approved by FDOT prior to proceeding with Project traffic development. A2.05.6.1 Project Design Traffic Development: The Consultant will develop long-term 2040 traffic volumes (AADTs, DDHVs, peak hour turning movement volumes) for the No Build (without lane elimination) and one (1) lane configuration Build (with lane elimination) alternatives using the approved MPO TAZ data. Forecasts will account for future traffic demands along the corridor and within the area of influence. This includes, at a minimum, all signalized intersections along Biscayne Boulevard and key intersections along the parallel streets where traffic might be expected to divert with the lane elimination. A set of design factors (Standard K, D, and T) will be determined utilizing traffic count data and data obtained from FDOT Florida Traffic Online. The forecasts shall be developed consistent with these design traffic factors. Turning movement volumes will be developed using TMToot, TURNS5-V2014, or other approved forecasting tool consistent with NCHRP 765. For this level analysis, reduced or diverted trips will be analyzed within the context of the parallel network. The development of turning movements will consider the influence of future planned development and improvements, as well as traffic rerouting and diversion on intersection turning movement distributions. A2.05.7 Segment and Intersection -Level Operational Evaluation (with and without lane elimination) The Consultant shall perform multimodal level of service (LOS) for existing conditions and long- term: 2040 for the No Build (without lane elimination) and Build (with lane elimination) alternatives. The weekday AM and PM peak hours will be evaluated based on the Highway Capacity Manual (HCM) 2010 procedures using SYNCHRO 10 and the ARTPLAN 2012 analysis tool to analyze the intersection and arterial operational performance. In cases where limitations in methodology preclude the application of HCM 2010, HCM 2000 module should be applied. The adopted minimum acceptable level of service will be identified. Three (3) lane configuration Build alternatives will be presented in the study area including two initial build alternatives and one recommended or preferred alternative. A capacity analysis will include multimodal LOS using SYNCHRO 10 and the ARTPLAN 2012 for one (1) recommended or preferred alternative. In addition, the two (2) initial build alternatives will include multimodal LOS Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 36 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT using ARTPLAN 2012 only. The multimodal LOS as described above, will be conducted for a minimum of eight (8) signalized intersection and up to a maximum of 24 signalized intersections that may be affected as a result of the recommended build alternative. The eight signalized intersections will be on Biscayne Boulevard within the Project limits between SE 1st Street and NE 6th Street while 16 intersections will be on the parallel one-way pair facility that would serve as a diversion route - SE/NE 1st Avenue and SE/NE 2nd Avenue, The existing conditions analysis will be reviewed to verify if the results reasonably represent field conditions. Adjustment of input values to achieve reasonable representation of the field conditions will be documented. Depending on the parameter(s) that is adjusted, the corresponding parameter(s) may be carried over to the future conditions analysis, when appropriate. In addition, the traffic factors, Standard K (hourly design), D (directional design), T (truck factor), peak hour truck percentage, and PNF (peak hour factor), will be identified for each analysis year and included in the capacity analysis. Intersections will be evaluated based upon Highway Capacity Manual procedures and in accordance with the FDOT Traffic Analysis Handbook (2014). The intent of the analysis is to identify potential intersection lane configuration needs. This Scope assumes that signals will remain at most of the existing locations. Analysis of additional intersection improvement options for up to five (5) intersections will be undertaken to address identified deficiencies and/or provide a comparison to an alternative traffic control type. Weekend analysis will not be included in the Project Scope. Based on the results of the analysis, a summary of Multimodal Quality of Service shall be prepared to document the existing and future corridor operations. A series of figures and tables to be incorporated into the Project documentation. This will include an aggregate discussion summarizing the overall operational performance within the context of a Complete Streets approach. Elements considered as part of this evaluation include the automobile LOS results as they apply to intersections and roadway links, as well as Bicycle, Pedestrian, and Transit LOS. The potential future needs and performance of the corridor for all modes, including pedestrian, bicycling, and transit travel shall be qualitatively assess. This will be based upon the ARTPLAN results and an understanding on transit ridership trends, planned and programmed future transit investments, and anticipated growth on land uses that generate pedestrian and bicycling movements along the corridor. The following measures of effectiveness (MOEs) shall be reported: 1. Approach and overall intersection delay 2. Approach and overall intersection automobile LOS 3. Queue length 4. Arterial speed and automobile LOS 5. Pedestrian LOS and LOS Score 6. Bicycle LOS and LOS Score 7. Transit LOS and LOS Score A2.05.8 Identification of Mitigation Projects The Consultant shall identify mitigation to address any significant and adverse LOS impacts on State roads and the regional transportation system resulting from the lane elimination. The Consultant shall outline mobility strategies for the corridor and impacted parallel facilities. Each alternative will be described in detail including suggestions for single mode and/or multimodal improvements. The Consultant shall start with a general description of all possible strategies and techniques, and through a screening process choose a specific slate of potential Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 37 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT improvements for the corridor. Roadway improvements should be recommended for the different scenarios to ensure that the analyzed intersections will continue to operate at a level of service similar to the No Build traffic conditions. The Consultant shall prepare conceptual alternatives. Utilizing the forecast data, results of the future conditions assessment / DTPW Metrobus AA Model Development Report, as well as the input received, Consultant will identify a series of improvement needs to be evaluated. Development patterns, redevelopment opportunities, and regulations play a major role in determining the type of multimodal alternatives that are appropriate for the corridor. Consideration shall be given to maximizing opportunities for utilization of non -vehicular modes such as bicycle, pedestrian and transit. Types of enhancements could possibly include, among other things,: 1. Improving parallel roadways and/or network connectivity in the vicinity of the corridor; 2. Operations strategies to provide incremental capacity benefits; 3. Multimodal strategies to increase the movement of people in and through the corridor, including the addition of a dedicated bicycle lane. A2.05.9 Safety Analysis Based upon a review of the crash history within the corridor for the most recently -available five (5) years, The Consultant shall summarize the identified crash types and frequency, crash patterns, high crash locations (intersections / segments), and identify potential near -term and Tong -term safety improvement strategies. As part of the evaluation of the crash history, the pedestrian / cyclist crashes will be assessed to identify locations of concern. As applicable, Consultant will document any additional observations from field reviews or information from prior studies. The crash analysis should include an evaluation of the potential increase or decrease in crashes for the Build scenario, using the Crash Modification Factors (CMFs) from the Highway Safety Manual, the Federal Highway Administration CMF website, or other appropriate methodologies. A2.05.10 Assessment of Impacts (pedestrian and bicycle infrastructure (e.g., sidewalks, bicycle lanes, and multi -use paths and connectivity), transit, and access) The Consultant shall perform an assessment of impacts (pedestrian and bicycle facilities, transit, trucks, parking, emergency evacuation/access impacts, etc.) as determined in the Initial Lane Elimination Meeting with District 6 (Task 3.5.1). To determine the impact of the transit services use along the corridor, the Consultant will consider the following eight performance measures: 1. Public transit routes/stop locations (including appropriateness of turn radii and lane widths and coordination with transit providers) 2. Schedule adherence/late trips 3. Bus bunching 4. Detours 5. Fare payment characteristics 6. Passenger loading and bus crowding Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 38 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 7. Boarding and alighting by stop 8. Passenger activity versus service provided. The Access Class for the corridor shall be evaluated to ascertain compliance with applicable median opening and driveway spacing standards. Note that additional data and analysis may be required along parallel facilities where traffic patterns/volumes may be impacted by proposed improvements. A2.055.2.9 Documentation of Findings The Consultant shall prepare a summary of the Transportation Analysis. Results will be compared and summarized based upon previously identified evaluation criteria. Utilizing these evaluation criteria, the Consultant will prepare a matrix comparing the Project opportunities and constraints. This will include a qualitative summary of anticipated impacts and costs associated with the various improvement strategies. This step will be used to support coordination with the Project Visioning Team as part of the process to identify the alternative(s) recommended for implementation. The Consultant shall analyze and evaluate each desired improvement to a point of sufficient decision making as a viable improvement. The impacts for each improvement shall be identified and expressed in a form suitable for comparison to other corridor improvements. Deliverables: Transportation Impact Analysis Technical Memorandum A2.06 TASK 6: ENVIRONMENTAL IMPACT ANALYSIS Based on the approach and methodology agreed to at the Initial Lane Elimination Meeting with District review committee and as required by FDOT's Statewide Lane Elimination Guide, the Consultant shall conduct a due -diligence / fatal flaw evaluation of the improvement strategies and recommendations that involves: 1. Preliminary assessment of engineering issues (e.g. geometrics, drainage, potential R/W needs, and others) as needed to support a review and comparison of alternatives by the Department; 2. Desktop assessment (using the Environmental Screening Tool and/or GIS) to evaluate the potential for environmental impacts (social, natural and physical) to be further explored during subsequent phases; and 3. Assessment of potential land use patterns to support the options, and a fatal flaw screening process of these options. Deliverables: Environmental Impact Assessment Interim Technical Memorandum A2.07 TASK 7: PROJECT IMPLEMENTATION The Consultant shall identify and describe the implementation and funding strategy for the Project. The plan shall identify if the desire is to coordinate the lane elimination Project with a programmed project or to advance this Project independently. This section shall highlight any opportunities to share costs of studies, design, and implementation among multiple stakeholders. Since this lane elimination Project leads to implementation of a Complete Street and considers facilities for multimodal users along the corridor, the Consultant shall identify alternative funding sources. Deliverables: Project Implementation Plan Interim Technical Memorandum A2.08 TASK 8: MAJOR DELIVERABLES A2.08.1 PRELIMINARY PROJECT INFORMATION PACKAGE Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 39 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT The Consultant shall prepare a Preliminary Project Information Package for submission to FDOT prior to the initial lane elimination meeting. This package shall provide sufficient information for the FDOT to make an initial assessment of fatal flaws that would make it infeasible for the request to move forward in the process. All items listed in the FDOT Lane Elimination Guide shall be documented in the Preliminary Project Information Package, where appropriate and applicable. Items include, but are not limited to: Project description, Project conceptual plan, Roadway Characteristics Inventory (RCI) information, right-of-way (ROW) information, regional transportation system and community impacts, public and elected officials outreach plan, funding sources, and implementation strategies. A2.08.2 CONCEPT REPORT The Consultant shall prepare a concept report summarizing the data, analyses and results supporting the lane elimination/repurposing for review and approval by FDOT District 6 and Central Office. This Concept Report will provide reference to the planning context summary and the corridor purpose and needs summary developed as part of the analysis. This Report will serve as the final report for this Corridor Planning Study, and will include a synopsis of the study process, the key issues and opportunities, and the stakeholder and public engagement activities. It will also outline the alternatives developed and a summary of the alternatives evaluation. The report will also identify the potential timing of strategies, potential funding sources, and necessary actions anticipated from the various planning partners to advance the preferred alternative. This document will also include an outline of Project priorities and a recommended plan for implementation with descriptions of the phases needed for each proposed project on the priority list, anticipated timelines, and responsible parties to help guide the next step of the Project, whether the improvements are short-term or long-term improvements. A draft concept report shall be prepared and submitted for comment. A final concept report should be prepared addressing FDOT comments. The following elements, along with the supporting documents as agreed to during the Initial Lane Elimination Meeting (Task 3.5.1) shall be included in the concept report: 1. Alternatives to lane elimination 2. Conceptual design plans (including proposed typical sections) that meet FDOT design standards for all transportation modes 3. Need for any design variations or exceptions 4. Long-term traffic forecasts with and without the proposed Project (with changes in travel patterns clearly shown) along corridor and adjacent roadways 5. Long-term level of service (LOS) and queuing analyses for intersections and segments in the impact area (corridor and adjacent roadways), with and without the proposed Project 6. Traffic diversion and mitigation to address any significant and adverse LOS impacts on State roads and the regional transportation system resulting from the lane elimination 7. Impact on pedestrian and bicycle infrastructure (e.g., sidewalks, bicycle lanes, and multi -use paths), connectivity, and accessibility 8. Impact on transit routes and/or transit stop locations (including appropriateness of turn radii and lane widths) 9. Impact on trucks and designated truck routes (including appropriateness of turn radii and lane widths and possible relocation of designated truck routes) 10. Signal timing modification (if any) 11. Case -specific special considerations (e.g. railroad crossing improvements) Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 40 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 12. Impact on evacuation routes 13. Impact on delivery zones 14. Impact on active construction projects 15. Impact on utilities, wetlands, and habitats 16. Impact on bridges. traffic signals, and sign structures 17. Impact on school crossing locations 18. Impact on parking supply 19. Impact on emergency response 20. Crash data, analysis, and summary 21. Identification of high -crash locations (by crash type) and locations on FDOT's 5% lists (Le., the list of the 5% of segments and locations with the highest number of crashes) 22. Estimate of the potential increase or decrease in crashes using Crash Modification Factors (CMFs) from the Highway Safety Manual, CMFs from the Federal Highway Administration CMF website, or other appropriate methodologies 23. Conceptual access management plan 24. Conceptual funding plan (including cost estimates and funding sources) 25. Conceptual implementation plan A2.08.3 PREPARATION OF APPLICATION PACKAGE: The Consultant will assist the applicant to submit the following documents to the District Coordinator: 1. Formal letter requesting the lane elimination 2. Documentation of Project approval by the appropriate city or county body (e.g., a commission resolution or formal letter) 3. Documentation that public involvement activities were noticed and occurred 4. Summary of concerns and supportive comments that were voiced at the public meeting(s) or provided through written communication to the applicant, along with discussion of how any concerns were addressed 5. Final concept report (as applicable) 6. Final funding plan (as applicable) 7. Final implementation plan (as applicable) The District Coordinator will review the formal letter and supporting documents, with input from District staff as needed. The District will send notice to Central Office (Secretary) that the applicant has submitted an application for lane elimination, it has been reviewed by the District, and the District has made a recommendation for approval (or denial). After receiving approval from the Secretary, the District Coordinator will inform the applicant that the application for lane elimination has been approved (or denied). A before -and -after study or a pilot implementation of the concept may be a condition of approval of the application. ARTICLE A3 SCHEDULE OF WORK — TIME OF PERFORMANCE Consultant shall submit the Deliverables and perform the Work as depicted in the tables below SCHEDULE OF DELIVERABLES Task, 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) 1 Project Management and Coordination 36 weeks NTP+ 36 weeks Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 41 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 2 Data Collection 12 weeks NTP+ 16 weeks 3 Public Involvement and Stakeholder Outreach/Coordination 36 weeks NTP+ 36 weeks 4 Concept Development and Design 32 weeks NTP+ 32 weeks 5 Transportation Analysis 32 weeks NTP+ week 36 weeks 6 Environmental Impact Analysis 32 weeks weekNTP36 weeks 7 Project Implementation 32 weeks w36 weeweeks 8 Major Deliverables 32 weeks weekNTP36 weeks *An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. ARTICLE A4 ADDITIONAL SERVICES A. Develop Growth Scenario The Consultant will summarize available information related to changes in future land uses and expected growth within the area surrounding the Project corridor. This might include remaining portions of the Downtown DRI and other projects to provide context of the spatial relationship to the Biscayne Boulevard corridor and other regional facilities. The Consultant will identify possible future growth scenarios of the area roadway network including Biscayne Boulevard based upon the following activities: 1. Review of relevant traffic projections from other studies 2. Review of historical AADT growth trends and combination of historical trends with horizon year forecast 3. Review of BEBR growth projections 4. Review of SERPM 7 base year 2010 to horizon year 2040 Z-DATA growth 5. Review of SERPM 7 base year 2010 and horizon year 2040 LRTP Cost -Feasible model assignment growth The various data sources will be compiled to document the range of possible network and corridor growth scenarios that could be anticipated through 2040 based upon the existing infrastructure along Biscayne Boulevard and planned/programmed improvements to regional roadways. Near - term growth trends will also be considered through year 2025. The growth rates will be assessed for reasonableness based on future anticipated land use changes in Downtown (including planned and programmed developments), changing travel patterns of downtown residents, and information on current and potential travel patterns of residents and employees derived from stakeholder interviews. Year 2025 and 2040 AADTs will be developed for each growth scenario. B. Additional transportation analysis Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 42 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT The Consultant will perform multimodal level of service (LOS associated with the growth scenarios consistent with methodology included in Task 5.2.5. ARTICLE A5 DATA PROVIDED BY CITY The following information or documents are to be provided by the City: • Mail out for public workshops • Property appraiser data • Aerial imagery (latest available dataset) • Relevant GIS data • Relevant traffic and planning studies in the study area Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 43 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS FIRM NAME CONSULTING FIELD Magbe Consulting Services, Inc. Public Involvement & Stakeholder Coordination Marlin Engineering, Inc. Traffic Data Collection, Environmental Analysis & Funding PlusUrbia Design Urban Design & Land Use Planning The Corradino Group Travel Demand Forecast & Project/Design Traffic Wantman Group, Inc. Parking Analysis, Utilities, Right of Way & Landscape Architecture SCHEDULE A2 - KEY STAFF CONSULTANT JOB CLASSIFICATIONS T.Y. Lin International Principal in Charge Senior Project Manager Lead Transportation Planner Senior Transportation Engineer Senior Transportation Engineer Senior Planner Transportation Engineer Chief Engineer Chief Engineer Chief Engineer Engineer/Planning Intern Engineer/Planning Intern Engineer/Planning Intern Graphic Designer Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 44 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT Graphic Designer Admin Support/Clerical Magbe Consulting Services, Inc. Public Outreach Coordinator PIO Assistant/Governmental Liaison Marlin Engineering, Inc. Senior Transportation Planner Chief Engineer Chief Engineer Senior Planner Planner Planner GIS Analyst Project Engineer Senior Engineering Technician Senior Engineering Technician Engineer/Planning Intern Engineering Technician Engineering Technician Admin Support/Clerical PlusUrbia Design Project Manager Lead Urban Designer Planner Engineer/Planning Intern Engineer/Planning Intern Graphic Designer Admin Support/Clerical Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 45 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT Public Outreach Coordinator The Corradino Group Senior Transportation Planner Senior Transportation Planner Senior Transportation Planner Senior Planner Engineer/Planning Intern Engineer/Planning Intern Transportation Engineer Wantman Group, Inc. Lead Landscape Architect Senior Transportation Planner Senior Transportation Planner Senior Planner Senior Planner Transportation Planner GIS Analyst Senior Transportation Engineer Transportation Engineer Chief Engineer Chief Engineer Chief Engineer Chief Engineer Engineer/Planning Intern Engineer/Planning Intern Admin Support/Clerical Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 46 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B.1 METHOD OF COMPENSATION The fees for Professional Services for each Work Order shall be determined with the consent of the consultant and in accordance with the Hourly Rates, as defined in B3.01, below, and at the rates set forth in Schedule B1 Wage Rates Summary. 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 Section 2.03-1 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 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 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 received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of 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 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, specifications writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Services, the City reserves the right to recommend the use of Consultant employees at particular Wage Rate levels. B2.03 MULTIPLIER For Work assigned under this Agreement, a multiplier of 2.8 for home office, except for The Corradino Group and Wantman Group, the Home multiplier shall be 2.74 and 3.09, respectively. A multiplier of 2.4 for field office shall apply to Consultant's hourly Wage Rates in calculating compensation payable by the City. The field office multiplier will be utilized for full time staff assigned to the City of Miami and housed at a City facility. Should the Consultant have an approved multiplier with the State of Florida or Miami Dade County, the City may elect to utilize of these multipliers should they be less than above stipulated rates. Said multiplier is intended to cover Consultant employee benefits and 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. Failure to comply with this section shall be cause for cancellation of this Agreement. The Consultant and all Subconsultants shall provide to the City current certified audit statements reflecting their overhead at the request of the City. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 47 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT B2.04 CALCULATION Said Wage Rates are to be utilized by Consultant in calculating compensation payable for specific assignments and Work Orders as requested by City. 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 Services as exemplified in Schedule A2, Key Staff. B2.05 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by City shall, via the Multiplier, cover all 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 cancellation 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 the hourly rates identified in Schedule B1 Wage Rates in the following manner. Compensation for the Scope of Work shall be the Not to Exceed Fee mutually agreed upon in writing by the City and the Consultant and as stated in Article 2.03-1 Compensation Limits, above. The City shall make a determination of allowable costs in accordance with the Federal cost principals for services rendered under this Agreement. B3.01 HOURLY RATE FEES B3.01-1 Hourly Rate Fees shall be those rates for Consultant and Subconsultant employees identified in Schedule B1 Wage Rates. The City shall have no liability for any fee, cost or expense above this figure. B3.01-2 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 particular 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. B3.02 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for Consultant handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the Consultant. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the Consultant for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks. B3.03 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 Services and construction budget may be billed to 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. B3.04 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 Sections B3.043 and B3.025, respectively, Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 48 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT may be applicable. Consultant shall utilize the Work Order Proposal Form and worksheets which can be found on the City's Webpage at http://www.miamigov.com/CITP/forms.html. The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.04-1 Determination Of Fee The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum; Hourly Rate with a Not to Exceed Limit, or Percentage of Construction Cost. B3.04-2 Procedure and Compliance An independent and detailed Notice to Proceed, 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 Notice to Proceed 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 Consultant's Competitive Negotiation Act, and other applicable laws. B3.04-3 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 the Consultant will apply the multiplier of one- (1.0) times the amount expended by the Consultant. B3.05 PAYMENT EXCLUSIONS Consultant shall not be compensated by 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 Consultant as determined by City. B3.06 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 the prior month. For the Lump Sum portion of this Agreement, payments shall be made monthly in an amount equal to 1/12th the annual Lump Sum total compensation. Hourly Rate payments shall be made on the basis of actual hours worked based on the Hourly Rate Fee, accompanied by a duly certified invoice, giving names, classification, salary rate per hour (not to exceed the values depicted in Schedule B1), hours and associated tasks worked and total charge for all personnel directly engaged Services. Recurring Reimbursement Expenses established at an annual lump sum as shown in Schedule B3 may be invoiced monthly, and paid as noted above for the Lump Sum portion of the Agreement. Other, pre - approved Variable Reimbursement Expenses are to be invoiced within 120 days of the Consultant's expenditure thereof. Subconsultant's fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by Consultant. Consultant shall utilize the City standard Consultant Invoice Form available on the OCI website http://www.miamigov.com/CITP/forms.html. Failure to submit invoice(s) within 60 days following the provision of Services contained in such invoice may be cause for a finding of default. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 49 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 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 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 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 & 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 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. REIMBURSABLE EXPENSES: B4.06 GENERAL Reimbursable Expenses are those items authorized by the City outside of or in addition to the Scope of Services 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, Subconsultants, and Special Subconsultants in the interest of the Work for the purposes identified below: B4.06-1 Communication Expenses Identifiable communication expenses approved by the Project Manager, long distance telephone, courier and express mail between the Consultant's various permanent offices. The Consultant's field office at the Project site is not considered a permanent office. B4.06-2 Reproduction, Photography Cost of printing, reproduction or photography, which is required by or of Consultant to deliver services, set forth in this Agreement. B4.06-3 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. B4.07 REIMBURSEMENTS TO 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 herein. ARTICLE B5 COMPENSATION FOR REUSE OF PLANS AND SPECIFICATIONS B5.01 GENERAL Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 50 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT 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. Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 51 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD ATTACHMENT B - COMPENSATION SCHEDULE B1 - WAGE RATES SUMMARY NAME JOB CLASSIFICATION UNLOADED ACTUAL HOURLY RATES UNLOADED AVERAGE HOURLY RATE HOURLY RATE (2.8 HOME) T.Y. Lin International Principal in Charge $73.36 $73.36 $205.41 Senior Project Manager $75.73 $75.73 $212.04 Lead Transportation Planner $73.50 $73.50 $205.80 Senior Transportation Engineer $81.60 $70.80 $198.24 Senior Transportation Engineer $60.00 Senior Planner $74.80 $74.80 $209.44 Transportation Engineer $42.03 $42.03 $117.68 Chief Engineer $75.00 $81.91 $229.35 Chief Engineer $88.19 Chief Engineer $82.56 Engineer/Planning Intern $34.47 $31.99 $89.57 Engineer/Planning Intern $28.80 Engineer/Planning Intern $32.70 Graphic Designer $67.10 $43.75 $122.49 Graphic Designer $20.39 Admin Support/Clerical $23.96 $23.96 $67.09 Magbe Consulting Services, Inc. Public Outreach Coordinator $39.25 $39.25 $109.89 PIO Assistant/Governmental Liaison $35.47 $35.47 $99.32 Marlin Engineering, Inc. Senior Transportation Planner $68.75 $68.75 $192.50 Page 52 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD NAME JOB CLASSIFICATION UNLOADED ACTUAL HOURLY RATES UNLOADED AVERAGE HOURLY RATE HOURLY RATE (2.8 HOME) Chief Engineer $52.88 $56.59 $158.44 Chief Engineer $60.29 Senior Planner $48.08 $48.08 $134.62 Planner $36.86 $35.93 $100.60 Planner $35.00 GIS Analyst $42.84 $42.84 $119.95 Project Engineer $60.00 $60.00 $168.00 Senior Engineering Technician $30.00 $30.00 $84.00 Engineer/Planning Intern $30.29 $30.29 $84.81 Admin Support/Clerical $25.00 $25.00 $70.00 PlusUrbia Design Project Manager $38.46 $38.46 $107.69 Lead Urban Designer $24.76 $24.76 $69.33 Urban Planner/Designer $35.00 $28.75 $80.50 Urban Planner/Designer $22.50 Engineer/Planning Intern $22.98 $22.98 $64.34 Graphic Designer $27.40 $27.40 $76.72 Admin Support/Clerical $30.00 $30.00 $84.00 Public Outreach Coordinator $21.54 $21.54 $60.31 The Corradino Group' Senior Transportation Planner $84.13 $85.47 $234.19 Senior Transportation Planner $74.79 Senior Transportation Planner $97.05 Senior Planner $50.48 $50.48 $138.32 Transportation Engineer $41.80 $41.80 $114.53 Page 53 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD NAME JOB CLASSIFICATION UNLOADED ACTUAL HOURLY RATES UNLOADED AVERAGE HOURLY RATE HOURLY RATE (2.8 HOME) Engineer/Planning Intern $28.85 $28.85 $79.05 Wantman Group, Inc.2 Lead Landscape Architect $58.14 $58.14 $179.65 Senior Transportation Planner $64.00 $59.30 $183.24 Senior Transportation Planner $54.60 Senior Planner $55.00 $55.00 $169.95 Transportation Planner $34.62 $34.62 $106.98 GIS Analyst $51.00 $51.00 $157.59 Senior Transportation Engineer $79.40 $79.40 $245.35 Transportation Engineer $51.50 $49.21 $152.06 Transportation Engineer $46.92 Chief Engineer $85.00 $73.00 $225.57 Chief Engineer $64.00 Chief Engineer $70.00 Engineer/Planning Intern $29.81 $29.81 $92.11 Admin Support/Clerical $28.55 $28.55 $88.22 'Multiplier is 2.74 for The Corradino Group 2Multiplier is 3.09 for Wantman Group, Inc. Page 54 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT ATTACHMENT B SCHEDULE B2 - CONSULTANT INVOICE t ; Jia r6 a .3, ria `u?�':v :f 'aI-eY"li„„ RO iP sR''G�' "k.... ��-';,-'� v 1 �u • '� + v" }{J rA y ti Tji (`�. flk f o er,s. Qr,ti4cW_t9 $-.tF„..4.`�X t - vr,g�.. y 9 O�-.l$. fi q, `?'.. ie;'. ,- V, -N s a y, . "N- �`{ �. i •$' sE i rl `l'ie.fr 1., ;. To: City of Miami Office of Capital Improvements (OCI) 444 SW 2nd Avenue - 8th Floor Miami, FL 33130 Invoice Number: ATTN: Invoice Date: Month 00, 0000 ................ Page:: From: ...,__...,...._,.....__......_.._...._......,._..._....._...__..._._. _,...,_......._.,,...... From: Invoice Period: To: .......... . _.......__. .. _..............._ _.__........ ' Month 00, 0000 Month 00, 0000 Contract No.:i Contract Title:- Project No.: - Project Name:: NOTE: Invoices received past 3:00 PM will be stamped with the Next Business Date ..... ....... Prepare Invoices properly to avoid payment delay.Purchase Each Invoke must be signed by a Principal of the firm as designated. Order No.:: Attach appropriate back-up documents to each Invoice. i Work Order No: SERVICE - - - CONTRACT AMOUNT %COMPLETE TOTAL EARNED TO DATE PREVIOUSLY INVOICED -. CURRENT INVOICE AMOUNT Schematic Design (SD) $ - 0% $ - $ - $ _ Design Development (DD) $ - 0 % $ - $ - $ 30% Construction Documents (30% CD) $ - 0% $ - $ - $ - 60% Construction Documents (60% CD) $ - 0% $ - $ _ $ - 90% Construction Documents (90% CD) $ - 0% $ . $ - $ 100% Construction Documents (100% CD) $ - 0% $ - $ - $ - Dry Run Permitting $ - 0% $ - $ - $ - Bidding or Negotiation Phase $ - 0% $ - $ - $ - Construction Administration (CA) $ - 0% $ - $ - $ - $ - 0% $ - $ - $ - $ - 0% $ - $ - $ - $ 0% $ - $ - $ - $ - 0% $ - $ - $ - $ - 0% $ - $ - $ Reimbursable Expenses $ - 0% $ - $ - $ - 1. (Title) $ - 0% $ - $ - $ - 2. (Title) $ - 0% $ - $ - $ 3. (Title) $ - 0% $ - $ - $ - $ 0% $ $ $ Additional Services $ - 0% $ - $ - $ - 1. (Title) $ - 0% $ - $ - $ 2. (Title) $ - 0% $ - $ - $ - 3. (Title) $ - 0% $ - $ - $ - $ - 0% $ - $ - $ - TOTAL: $ - $ - $ - $ Subtotal: $ - Prior to this Invoice Remaining Contract Balance:) $ __________J Deductions: Total Due : $ - TO BE COMPLETED BY CONSULTANT FIRM CERTIFIED TRUE AND CORRECT BY: SUPPORTING DOCUMENTS CHECKLIST: Activation Letter of Phase being Invoiced: Supporting Documents for Invoice: Construction Statue Report: (Signature of Principal) Final Payment Documents: Additional Service Authorizations: (Type Name and Title of Principal) AREA TO BE COMPLETED BY CITY OF MIAMI CITY OF MIAMI APPROVAL: .?;;' DATE - ��� �; -- ".i;�'+F$tGNATURE . ' ' '' Date Received CIP: 0 PROJECT MANAGER CHIEF PROJECT MANAGER Hector Badia Date Received for Payment Processing (Budget Department): ASSISTANT DIRECTOR Steven C. Williamson DIRECTOR Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 55 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD PROFESSIONAL SERVICES AGREEMENT FDOT FORMS FDOT Form #375-040-84 — Local A enc Pro ram Terms For Federal Aid Contracts FDOT Form #375-040-62 — Bid Opportunity List For Professional Consultant Services, and Commodities & Contractual Services FDOT Form #275-030-11 — DBE Bid Package Information Transportation Planning and Traffic Engineering Services for Biscayne Boulevard RFQ 16-17-056 Page 56 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD LOCAL AGENCY PROGRAM FEDERAL -AID TERMS For PROFESSIONAL SERVICES CONTRACTS TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I. 375-040-84 PROGRAM MANAGEMENT 12/17 Page 1 of 3 The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. All tracings, plans, 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, will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Agency at any time during the performance of such services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time. C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency (subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. H. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of Transportation, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, 1. withholding of payments to the Consultant under the contract until the Consultant complies and/or 2. cancellation, termination or suspension of the contract, in whole or in part. J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions 57 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD LOCAL AGENCY PROGRAM FEDERAL -AID TERMS For PROFESSIONAL SERVICES CONTRACTS 375-040-84 PROGRAM MANAGEMENT 12/17 Page 2 of 3 issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. K. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 --12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP. persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. 1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate. 0. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to 58 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD LOCAL AGENCY PROGRAM FEDERAL -AID TERMS For PROFESSIONAL SERVICES CONTRACTS 1. employ or retain, or agree to employ or retain, any firm or person, or 375-040-84 PROGRAM MANAGEMENT 12/17 Page 3 of 3 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. R. The Consultant hereby certifies that it has not: 1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. S. The 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 Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract 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 subcontractor during the Contract term. 59 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT SERVICES, AND COMMODITIES & CONTRACTUAL SERVICES Prime Contractor/Prime Consultant: Address/Phone Number: Procurement Number/Advertisement Number: 375-040-62 PROCUREMENT 04/07 49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, on DOT -assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and supplies materials on DOT -assisted projects, including both DBEs and non -DBEs. For consulting companies this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT -assisted project. Prime contractors and consultants must provide information for Numbers 1, 2, 3 and 4, and should provide any information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non -DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 - $5 million 4. Address: ['Between $5 - $10 million 7. ❑ Subcontractor ['Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 6. ❑ DBE 8. Annual Gross Receipts ❑ Non -DBE ['Less than $1 million ❑ Between $1 - $5 million ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non -DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 - $5 million 4. Address: ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non -DBE ❑ Less than $1 million 3. Phone: ❑ Between $1 - $5 million 4. Address: ❑ Between $5 - $10 million 7. ❑ Subcontractor ❑ Between $10 - $15 million ❑ Subconsultant ❑ More than $15 million 5. Year Firm Established: AS APPLICABLE, PLEASE SUBMIT THIS FORM WITH YOUR: BID SHEET (Invitation to Bid - ITB) LETTERS OF RESPONSE (LOR) PRICE PROPOSAL (Request for Proposal - RFP) REPLY (Invitation to Negotiate - ITN) 60 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DBE BID PACKAGE INFORMATION 275-030-11 EQUAL OPPORTUNITY OFFICE 10/17 Page 1 of 2 DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE's. Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this information. Forms may be downloaded at: www.dot.state.fl.us/proceduraldocuments/ . DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre -construction or pre -work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity Compliance (EOC) system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact EOOHeIp@dot.state.fl.us. Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: httos://www3.dot.state.fius/EqualOpportu nitvCompliance/Account.aspx/Loq I n?ReturnUrl=%2fEqualOppor tunitvCompliance%2f 61 DocuSign Envelope ID: 93A45BE4-1 F63-42E0-ADB9-F7A23794D5CD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DBE BID PACKAGE INFORMATION 275-030-11 EQUAL OPPORTUNITY OFFICE 10/17 Page 2 of 2 DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows: • Print the first page of the document on company stationery ("letterhead") that indicates the company's name, mailing address, phone number, etc. • Print the company's name in the "" space; next to "Date" print the month/day/year the policy is being signed; record the signature of the company's Chief Executive Officer, President or Chairperson in the space next to "by" and print the full first and last name and position title of the official signing the policy. • Print the DBE Liaison's full name, email address, business mailing address and phone number the bottom of email. E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us. The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. 62 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Detail by Entity Name DIVISION OF CORPORATIONS DiY .nf of Af,y,iy,sorg �'J,r►L ij rSrron, wm ojflritrl Slime of Florida %WWI, Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation T.Y. LIN INTERNATIONAL Filing Information Document Number 834521 FEI/EIN Number 94-1598707 Date Filed 06/12/1975 State CA Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 03/17/2010 Event Effective Date NONE Principal Address 345 California Street Suite 2300 San Francisco, CA 94104 Changed: 04/24/2021 Mailing Address 345 California Street Suite 2300 San Francisco, CA 94104 Changed: 04/24/2021 Registered Agent Name & Address C T CORPORATION SYSTEM C/O C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 05/29/2019 Address Changed: 05/29/2019 Officer/Director Detail Name & Address Title Sr. Vice President https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI N... 1/10 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Detail by Entity Name Radley, Robert J. 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Nader, Marwan 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Harnagel, William K. 345 California Street Suite 2300 San Francisco, CA 94104 Title Secretary Harnagel, William K. 345 California Street Suite 2300 San Francisco, CA 94104 Title Treasurer Harnagel, William K. 345 California Street Suite 2300 San Francisco, CA 94104 Title CEO Cummings, Matthew 345 California Street Suite 2300 San Francisco, CA 94104 Title President Cummings, Matthew 345 California Street Suite 2300 San Francisco, CA 94104 Title Director Cummings, Matthew https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI N... 2/10 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Detail by Entity Name 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Waters, Richard 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Yesbeck, Joseph 345 California Street Suite 2300 San Francisco, CA 94104 Title Vice President/ General Counsel Lee, Jennifer N. 345 California Street Suite 2300 San Francisco, CA 94104 Title VP MacLeod, Ian 345 California Street Suite 2300 San Francisco, CA 94104 Title Senior Vice President Abbas, Sajid 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Ashley, W. Mark 345 California Street Suite 2300 San Francisco, CA 94104 Title Asst. Secretary, VP David, Tingley 345 California Street Suite 2300 San Francisco, CA 94104 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI N... 3/10 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Title VP Detail by Entity Name Atiq, Alvi 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Jeffrey H, Andrews 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Ram , Balasubramanian 345 California Street Suite 2300 San Francisco, CA 94104 Title VP James, Barr 345 California Street Suite 2300 San Francisco, CA 94104 Title Asst. Secretary Dennis , Blaschke 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Darin, Bryant 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Bruce, Bushnell 345 California Street Suite 2300 San Francisco, CA 94104 Title VP https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI N... 4/10 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Detail by Entity Name Karen, Chapman 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Kevin , Cornish 345 California Street Suite 2300 San Francisco, CA 94104 Title VP William, Detwiler 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Daniel , Drew 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Kevin , Ducharme 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Intissar, Durham 345 California Street Suite 2300 San Francisco, CA 94104 Title VP James P. , Duxbury 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Maximo A. , Fajardo https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI N... 5/10 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Detail by Entity Name 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Raymond M, Fares 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Clark, Fernon, F.R 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Dan, Fitzwilliam 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Christopher, Fronheiser 345 California Street Suite 2300 San Francisco, CA 94104 Title Asst. Secretary Maz , Goodarzi 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Ahmad A, Hammoud 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Tim , Ingham 345 California Street Suite 2300 San Francisco, CA 94104 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI N... 6/10 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Title VP Detail by Entity Name Douglas, Jakalski 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Sheila , Jordan 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Dennis, Kennelly 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Abe , Khademi 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Dante, Lius 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Kirk I. , Mettam 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Michael , Miller 345 California Street Suite 2300 San Francisco, CA 94104 Title VP https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI N... 7/10 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Detail by Entity Name Juan, Nunez 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Nathaniel, Oppenheimer 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Eduardo J. , Palacio 345 California Street Suite 2300 San Francisco, CA 94104 Title Executive vp, Director Thomas J, Price 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Michael, Pyrz 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Nyree, Quintero 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Dusan , Radojevic 345 California Street Suite 2300 San Francisco, CA 94104 Title VP James, Rucker https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI N... 8/10 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Detail by Entity Name 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Sandeep, Singh 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Bala, Sivakumar 345 California Street Suite 2300 San Francisco, CA 94104 Title VP Joseph S, Smith 345 California Street Suite 2300 San Francisco, CA 94104 Title Sr. Vice President Philip , Yartey 345 California Street Suite 2300 San Francisco, CA 94104 Title VP John, Young 345 California Street Suite 2300 San Francisco, CA 94104 Annual Reports Report Year Filed Date 2021 04/24/2021 2022 03/21/2022 2022 03/30/2022 Document Images 03/30/2022 -- AMENDED ANNUAL REPORT View image in PDF format 03/21/2022 -- ANNUAL REPORT View image in PDF format 04/24/2021 -- ANNUAL REPORT View image in PDF format 04/16/2020 -- AMENDED ANNUAL REPORT View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI N... 9/10 DocuSign Envelope ID: 93A45BE4-1F63-42E0-ADB9-F7A23794D5CD Detail by Entity Name 01/08/2020 -- ANNUAL REPORT 05/31/2019 -- AMENDED ANNUAL REPORT 05/29/2019 -- Reg. Agent Change 05/28/2019 -- Off/Dir Resignation 03/06/2019 -- ANNUAL REPORT 04/05/2018 -- ANNUAL REPORT 02/09/2017 -- ANNUAL REPORT 02/25/2016 -- ANNUAL REPORT 07/23/2015 -- AMENDED ANNUAL REPORT 04/13/2015 -- ANNUAL REPORT 10/30/2014 -- AMENDED ANNUAL REPORT 03/23/2014 -- ANNUAL REPORT 03/11/2013 -- ANNUAL REPORT 03/30/2012 -- ANNUAL REPORT 09/23/2011 -- ANNUAL REPORT 02/15/2011 -- ANNUAL REPORT 03/17/2010 -- Merger 02/10/2010 -- ANNUAL REPORT 02/23/2009 -- ANNUAL REPORT 04/07/2008 -- ANNUAL REPORT 01/26/2007 -- ANNUAL REPORT 07/19/2006 -- ANNUAL REPORT 01/09/2006 -- ANNUAL REPORT 01/10/2005 -- ANNUAL REPORT 02/02/2004 -- ANNUAL REPORT 08/05/2003 -- ANNUAL REPORT 02/27/2003 -- ANNUAL REPORT 02/04/2002 -- ANNUAL REPORT 02/07/2001 -- ANNUAL REPORT 03/06/2000 -- ANNUAL REPORT 03/06/1999 -- ANNUAL REPORT 02/25/1998 -- ANNUAL REPORT 05/13/1997 -- ANNUAL REPORT 05/01/1996 -- ANNUAL REPORT 05/01/1995 -- ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=TYLI NI ... 10/10 Olivera, Rosemary From: Caseres, Luis Sent: Friday, July 8, 2022 11:01 AM 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 - Amendment No. 1 - RFQ 16-17-056 - Trans. Planning and Traffic Eng. Services for Biscayne Blvd. Attachments: Amendment No 1 - RFQ16-17-056 - TY Lin Intl_Executed 07-08-2022.pdf Good morning All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Paola You may now close this Matter ID 22- 1117 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Amendment No. 1 First Party: City of Miami Second Party: TY Lin International Program/Purpose: Trans. Planning and Traffic Eng. Services for Biscayne Blvd. Effective Date: 07/08/2022 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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