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HomeMy WebLinkAboutPre-LegislationCity of Miami "k tti'Cf$Y R14@d4 �"* �® � Legislation Resolution: R-13-0183 File Number: 13-00399 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com Final Action Date: 5!9/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES -- AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ATKINS NORTH AMERICA, INC., THE HIGHEST -RANKED FIRM PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 12-13-016, TO PROVIDE CAPITAL PROGRAM SUPPORT SERVICES, FOR ATWO (2) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN THE TOTALAMOUNT NOT TO EXCEED $1,500,000; ALLOCATING FUNDS FROM VARIOUS CAPITAL IMPROVEMENT PROJECTS, FOR SAID PURPOSE. WHEREAS, the Capital Improvements Program ("CIP") issued Request for Qualifications ("RFQ") No. 12-13-016 on February 1, 2013, for the provision of Capital Program Support Services; and WHEREAS, on February 22, 2013, five (5) proposals were received In response to the RFQ and were deemed responsive; and WHEREAS, the Evaluation Committee ("Committee") convened on March 14, 2013 and shortlisted four (4) firms in the following alphabetical order: Atkins North America, Inc. ("Atkins"), CH2M Hill, Parsons Brinkerhoff, Inc., and CSA Group; and WHEREAS, the Committee requested that the four (4) shortlisted firms respond to questions during a presentation session, conducted with each firm on March 26, 2013; and WHEREAS, based on the results of the Committee's evaluation, Atkins was determined to be the top-ranked firm; and WHEREAS, the City Manager requests authorization to execute a Professional Services Agreement ("Agreement") with Atkins, for the provision of Capital Program Support Services, in an amount not to exceed $1,500,000; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is authorized{1 } to execute an Agreement, in substantially the attached form, with Atkins, the highest -ranked firm pursuant to RFQ No. 12-13-016, to provide Capital Program Support Services, for a two (2) year period, with the option to extend for two (2) additional one (1) year periods, in an amount not to exceed $1,500,000, with funds allocated from various Capital Improvement Projects, for said purpose. City oflVlinmi Page 1 of 2 File Id: 13-00399 (Version: 1) Printed On: 512712016 File Number., 13-00399 Enactment Number: R-13-0183 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Irl: 13-00399 (Version: 1) Printed On: 512712016 CITY OF MIAMI OFFICE OF OF CAPITAL 'IMPROVEMENTS PROGRA ga PROFESSIONAL $ERVICES AGREEMENT 5 ��btld! li NpiTd Service Category Capital Program Support Services RFQ No,, 12-13.016 (RE -ISSUE) Contract Type Continuing Services for Program Management Capital Program Support Services for the Office of Capital Protect Improvements Program Consultant ATKINs NORTH AMERICA, INC. TABLE OF CONTENT � �j`iiICLE p 1 r� ITI Sa.xxae N ,YtzN.WtAa..aw.Y.,ka .,..........x..:ar ..r,a.nanr..t.ni.# s,XeNN.*;.%izY.a£a.k z#.#Y.Xkrk y .0 i 1 ...... k.......—.A ...N.. ......xa ...=.#AAA ....... AAxxNNNYxAa ..............NNmadeYSNdYaN.:Y rr.....k ............ i .0COMPENSATION ..p.X.... .....,rN. .NNkN................ .....................AA ARICLM. NyYen lyX{ - E.A 6'A�.ml fYi.Y^'S M Y.N Nq NN XWi.ir aA.#>ra':i t.ax x. ea,a XP.e w& ..Y A..i 9i Yaae .x AN Na e: A.NY NWatar YN W ¢x8. a. s',,N .saae.es N✓ 3.01 PERFORMANC15 AND DELEGATION...... ............Xtl3..Ab Y.N..mYXN tl.a.Yb.W.tl.................A..a. 8 .tit REMOVAL OVAL 1F UNSATISFACTORY PPR GNN L.....aa.X k . n ...................LWB 3.03 CONSULTANT" KEY TAFFIPERSONNE MA.....NNANeNX...... Y .YWakkiXMYYWx➢tNYN . p 3.04 TI FGR PERFORMANCE N ................... X.Nkka kx. kxi.....N.i.NaeYN.WNNrY.YNa.Atl ..A.x.aXa.rNaNN..... ARTICLE 4 UB 9ON ULTANT x#.:.N 4.01 GENERAL- ..... ....z..xA* %x.�a.x.x..;.kr4xaxAaXYrNa,YAAaiX.a .A..x.N.xXawY3NN..., 9 .0 SUB CONSULTANT RELATIONSHIPS ....-..r..Nk..xNXNN.i ...NNN a.aPSY'+.PrxYaF.....xkkAN.xR,wraaaxkNNx%% 4.03 CHANGES TO SUBCONSULTANTS---.AX,.....% R N banxrxR.rXNNNN.kxRR _NR I wE WwLTN:..wxN ,.Ya........xFt..s............. ---10 5N01 GENERAL %N..xk__.........N ........................­v.4-A0 YtCONDITIONSOFDEFAULT .r0.kvANP kxxNx%r.. .....NXNN........ ..... � .0 TIME TO CURE DEFAULT; FORCE i AJ URE .aY .xa.., r. ... .R10 ARTICLE6 TERMINATION ERIINION FARE E'T .........XY— .................. k.,...... 1n 6.0ITYS RIGHT RTERMINATE .............X* Y 6.02 CONSULTANT'S RIGHT" TO TERMINATE....... .................................. s*ia...... , ...#R.1 6.03 TERMINATION DUE TO UNDISCLOSED SED LOBBYIST OR AGENT, di........ N....N .ka.;.ei 11 1 l- ARTICLE 70CU,LAPNTS ANT _REI02p§ X...WNsaa*Y.Yk£.aad ......aNaa NdWaN.a.Y}N.NiY.x Y NYNaAW11 7.01 OWNERSHIP QF DOCK M ENTS .,snare....YYYx.'AN.N.1— ....... Nk... %%%qXk . ..tlX#.N11 7,0 DELIVERY UPON REQUEST OR CANCELLATION.... ...... ....... 7.03 RJE-USEB CITY., ..X#........k.a... 7.0NONDISCLOSURE.......... xa.YP.xsNNgYNaNxa.N1•1/��I ...Y... *NkYttlXYd..�R....a.NAN #..w ! ANN Me Yx xv tlx Nx Na....A6NY#kat PXNYYY*x YYdNNFXB Rx YNkkA aNxX RX%NNkY 7.006AINTENA.NC OF RECORDS NlbN.YN➢NNI..YNNaiR*.......NaNXrxNNRaxxX.................... ARTICLE INDEMNIFICATION ........ i.....aa. N#: kxka .NRa Y x..R#NXa YaxAXNNYN aNr% , .......AR..Na x xkNxk...1 ART CLE 9 _- IN§U,R. ...XNkrtN'x ..................... AXrXr r. x.l NxNNNYN ax xaNxwNXa XNYass1 A01 COMPANIES PROVIDING COVERE A.....% ..rkkk .x# NN.....XXXax.NN..k.k....... B *.......w ....Yk:9� 9,02g VERIFICATION OF INSURANCE COVERAGE—........N ........ ...............XNN% '1 .. Y0Ya FORMS OF COVERAGEA.NeR zNaN.Rxkaa xk NazN.:..kkkaN.....__,k x:* ....N........Ak.(>.AAX.XNex............13. .03.3 PROFESSIONAL LIABILITY INSURANCE x. Y,.,AYaY. d.....A.... ,....>;,,, .n..£ .... .........13 . � WORKER'S COMPENSATION INSURANCE mA 1 0 - CJS ON t1ImT P� i COMPLIANCE__— Pl IAN 1 9.04 MODIFICATIONS TO COVERAGE.ia..rkaakA.a#a#............:kmr.....x..... . ANxYYY#XAakBIR. I Iai un I Prograin Support gervices- RFQ.12; 3-016 Pw IM11,461 "WIN _ i 1F i p t ( OµIss o) Page 3 9 ( OµIss o) Page 3 Service Category Contract Type . Project Consultant Consultant Office Location City Authorization CITY OF MIAMI OFFICE OF THE CAPITAL. IMPROVEMENTS PROGRAM PROFESSIONAL. SERVICES AGREEMENT Professional Services (RFQ No, 12-13-016) Continuing Services for Program Management Capital Program Support Services for the Office of Capital Improvements Program (Re -Issue) ATKINS NORTH AMERICA, INC, 2001 NW 107th Ayenue,'Miami, Florida 33172 Resolution Number R-13-0183 This Agreement made this day of ! ° `� , in the year 2013 ("Agreement") by and between the City of Miami, Florida., a Florida municipal corporation, hereinafter called the "City," and (Atkins North America, Inc.), hereinafter called the "Consultant." A. The City issued a Request for Qualifications ("RFQ") No. 12-13-016 on February 1, 2013, for the provision of Program Management Services for .the Office of Capital Improvements Program ("Program or Services') ("Project") and Consultant's proposal ("Proposal"), in response thereto, was selected as one of the most qualified for the provision of said Services. The RFQ and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, 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 rand/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: Contract No: 13.1209 Capital Program Support Services- RFQ 12-13-016 Lite -Issue) Page 4 4 PROFESSIONAL SERVICES AGREEMENT 1.01 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, 1.02 Base Poe means the amount of compensation mutually agreed upon for the completion of Basic Services, I.A3 Basic Services means those services designated as such in a Work Order, 1.04 Capital Progran? Support Services or CPSS means Services provided by the, Consultant including, without limitation, all 'administrative, technical, and. management activities associated with supporting the City as. determined by the D I Vector in. the execution and Implementation of the City's Capital Program. 1.06 City Manager means the duty appointed chief administrative officer of the City of MlamL 1406 City or Owner moans the City of Miami, rlorida, a IFIbrida municipa I 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 authodty 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 CityManager. 1.07 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management, 1.08 Commission moans the legislative body of the City, of 1.09 Community !Business Enterprise ("CISE") Means a business that has registered with the relevant Miarni-Dade County agencies t I o compete for County consulting* contracts and has declared, by registration for statistical purposes, to be a CBE 1.10 Consultant means the individual, partnership, corporation, association, jolt.)t venture, or any combination thereof, of properly registered professional architects, or en9 ineers, W , hich has entered Into the Agreement to provide professional services to the City, 1 A 1 Contractor means an individual,parthership, corporation, association, join.( venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto, 1.12 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the tpeoffic project or projects covered under this Agreement. :Unless otherwisespecified herein or in a Work Order, for the purpose of this Agreement, the Director is the top administrator of the Capital Improvements Program or . designee. 1,13 Errors matins items inthe plans,, specification or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the freed for tho construction contractor to perform rework or additional work or which causes a delay to the completion of construction. 1.14 Errors and Omissions means design deficiencies in the plans, specification or other documents prepared by the Consultant, Which must be corrected In order for the project to function or be built as intended. Rapital Program Supp ort Services- RFQ 0-13-016 Page 5 R,oF S l0NA1. sERVIC u AOR EMENT 1.1Horizontal Projects means Capital Projects that generally consist of new construction, repair and/or reconstruction of roadways, rights, -of way and streetscape Improvements (roads, sidewalks and Swale areas) including, without limitation, street grading, pavement milling, paving, curb and gutter Installation, striping, sidewalks, pavers, irrigation systems, lighting and landscaping, h rdscaping end waterway Improvements and maintenance, and underground storm acid/or sanitary sewer systems and components. .such as pump stations, Brie mains, Injection wells and disposal outfalls, 1.16 Inspector means an employee of the City or of a consulting firm hired by the Clty and assigned by the City to make observations of work performed by a Contractor. 1.17 Key Pers+onnal means Staff positions assigned on a full tine 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 �1 1.19 Notice tot 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 avid/or directing that Consultant may begin work on the Project: No,; work may be commenced until a Notice to Proceed is issued ;"the City will not be liable for any cost or fee relative to the Work if a Notice: to proceed has not been Issued. 1.20 Omissions means items 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 Cervices, 1.21 Primary Services means those Services considwed by City to be furidamental to the successful management of the Program as stated in the RFQ, and in Attoohment A ofthi 'Agreement. 1.22 Professional Services means those services within the scope of the, practice of architecture; landscape architecture, professional engineering or registered surveying and rapping, 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, In this instance such professional services are as defined in 287, 05 6, Florida, Statutes. as amended ("C NK), 1.23 Program means the City's multi-year Capital improvements and Transportation Programs, prepared on an annual ,iasis, that details the planned financial resources and Implementation schedule and strategies for the Gity'a capital projects over a five (6) year period, consisting of expenditures and purchases of capital goods and equipment, 1.24 Project means the construction, alteration and/or repair, and all services and incidentals thereto, of a. City facility as contemplated and budgeted by the City, The Project shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement, 1.28 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 Posolatioo means the document constituting the ooldial approval of the City Commission as required for the City Manager to execute this Agreement , increase the Project Budget, among other matters. 1,27 Risk Administrator means the City's Fish Management Administrator also referred to as the Disk Management Director, or designee, or the individual named by the City Manager to administer )natters relating to Insurance and risk of loss for the City, 1,20 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; 0apital1'ro raw Support Servacea �1 K k�zsu Page PRO�E$810NAL 8ERVICE -S AGREEMENT 1.29 Specialty Services means those Services which may not be directly tied to the overall management of the Capital Improvements Program but to sorne unique, critical, andlor possibly large scald; element of the Capital Improvements program, that requires expertise that is unavailable from within the City's personnel resources: 1.36 SO Consultant Means a person or organization of properly registered professional architects, engineers, landscape architect, registered surveyor or mapper, and/or other professional specialty that; has entered into a Britten agreement with the Consultant to furnish specified professional services for a Project or task.. 1.31 Vertical projects Means capital Projects treat generally consist of new construction, repair,. renovation, and/or expansion of park and recreational facilities, community and day care centers, adn1I111str tive offlcas and facilities, fire stations and support facllit sf polios facilities,. stadiums, exhibition center(s), other performance venues, marinas, or any other Projects identified by the Director; . 2 Wage Rates weans the effective direct expense to Consultant and/or Sub Consultant on an Dourly rate basis, for empioyeos 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, 1.13 Work means all services, materials and equipment provided bylor under this Agreement with the Qonsultant. 1.32 Work Order means a document internal to the city authorizing the performance of specific professional services for a defined Project or projects. 1.33 Work Order Proposal means a document prepared by the Consultant; at the request of the City for Services to he provided by the Consultant on a specific phase of a Project. ARTICLE GENERAL CONDITIONS Z01 TERM The term of this Agreement shall be for two (2) years commencing on the effective date hereof, The City,' by action of the City Manager or City Commission, shalt have the option to extend the term for two (2), additional periods of one (t') year each, subject to continued satisfactory performance as determined by the Director, and to the availability and appropriation of funds. City Commission authorization of this Agreement includes delegation of authority to the City Manager to administratively approve said extensions provided that the compensation limits set forth In 2,03 are not exceeded ,411 1 .,ar Extension n of � it tl+on Gate In the event the Consultant is engaged in any Project(s) on the Agreement expiration date, their this Agreement shell remain : n effect until completion or 'termtnation of said Project(s), No new Work Birders shall be issued after the expiration date. 2.02 SCOPE OF SERVICES, Consultant agrees to provide the Services as specifically described and set forth in Attachment "A" hereto, which by this reference is Incorporated Into and made a part of this Agreement. Capital ;Pro rain Sitp ortServiies. RFQ 12 -MMU A_ lira-lssuc Page PROFESSIt NAL S RVIGIES AGREEMENT 2.82,1 COMMUNITY BUSINESS ENTERPRISE I ("CBE") PARTICIPATION REQUIREMENTS ORDINANCE 133311, codified as § 18-87(p), City Code, Prospective Pians must adhere to the following requirements: - 1) Assign a minimum of fifteen percent (16%) of the contract 'value to firms currently certified by Mianii-Dade County as a Community' Business Enterprise ("CBE"); ?) Place a specific emphasis on utilizing local small businesses from within the City's municipal boundarles. 2.03 COMPENSATION 2.03.1 ra eratitan `LtNlte The amount of compensation payable= by the City to the Consultant shall be a .lump suis or not to exceed fee, based on the rates and schedules established In Attachment B Hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed One Million Five Hundred Thousand Dollars (1,888;080.0) in total over the term of the Apreernent and any extension(s), unless explicitly approved by prior action of the City Commission and put into effect by written amendment to this Agreement executed by the parties, The City may, at Its sole discretion use other' compensation methodologies. The Cit} shall not have any liability or Will the Consultant have any recourse against the City for any compensation, payment, reimbursable , expenditure, coast or charge beyond the ccir.ipensgtlorilimits of this Agreement, as it' may be amended from time to time: Z.63.2 Papments Unless otherwise specifically provided In Atta himnt 13, payment shall be made in accordance with Florida Statutes Chapter 218, mart VII, Local Government Prompt Payment Act, after receipt of Consultant's proper invoice, as defined by this Ant, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed, If Consultant Is entitled to reimbursement of, travel expenses, there ail hills for travel expenses shall be submitted in accordance with the: provisions and subject to the limitations of Section 112,061, Florida Statutes. Consultant shall utilize Attachment "C" for the submission of proper invoices, 3.81 PERFORMANCE AND D L + ATION The Services to be performed hereunder shall be performed by the Consvitafirs 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 or contractual relationship of any bind between the City and said other person or firm,. 3.02 REMOVAL, OF UNSATISFACTORY PERSONNEL Director or designer~ may male Written request to Ccansoltant for the prompt removal and replacement of any personnel employed or retained by the Consultant, or any Sub Consultants or subcontractors, or any personnel of Gray such Sub Consultants or Sub Contractors engaged, bythe ohsuitant 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 decislons involving personnel Will be. made by Consultant. Such request shall solely relate to said employees work under this Agreement.. 3.83 CONSULTANT KEY STAFFIPERSONNEL The parties acknowledge that Consultant was selected by City, in part, on the basis of ualifications of particular staff identified in Consultant's response to City's solicitation, hereinafter referred to as "Key Staff/Personnel". Consultant shall ensure that Key Staff Personnel are available for Services hereunder as long as said Key taff/Per onnel is in, Consultant's employ, Consultant will obtain prior written ROFESSIONAL SERVICESAGREEMENT acceptance of Director or designee to change Ke Staff/Personnei. Consultant shall provide Director, or designee with such Information as necessary to determine the suitability of proposed new Key 8tafflPersonnel, director will act reasonably In 'evaluating Key Staff/Personnel qualifications,. Such acceptance shall not constitute ony responsibility or liability for the, individual's ability to perfor , 3,04 TIME FOR.P51RIFORMANCE The Consultant agrees to start all Services 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 h 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 itsobligatio under' this Agreement as stated herein, Such extension of time shall not be cause for any claim by the Consultant for .extra compensation. 105 STANDARO OF CARS Consultant is solely responsible for the technical accuracy and quality of its Services, Consultant shall perforin all Services in compliance with applicable provisions of the Florida Administrative Code including, without limitation, Rule 611G`15 19,001() and Chapter 471.,entitled "Engineering, Chapter 472, entitled "Land Surveying and Mapping", Chapter 481, entitled "Architecture",- etc, of the Florida Statutes, as amended . ConsvItont. shall perform due diligence, in accordance with best industry practices, ;n 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 Agreernent. Consultant shall, without additional compensation, correct or revise any errors, omissions, andlor deficiencies In its designs, drawings, specification or other Services, Consultant shall also be liable for claims for delay casts, and any increased costs in constaro ion, Including but not limited to. additional work; demolition of existing work, rework, etc., resiulting from any errors, omissions, and/or deficiencies in its designs, drawings, specification or other Services, ARTICLE 4 SUB CONSULTANTS 4.01 GENERAL 4.01.1 A Sub consultant, as defined in Section 1.30, is a firm than was identified as, part of the consulting' team in the competitive selection process- by which Consultant wet chosen to perform the services gander this Agreement; and as such, Is identified and listed in Schedule Al attached hereto and incorporated by reference: 4.01-2 A Specialty Sub consultant is a person or organization that has, with the consent of the Director, entered Into a written agreement with the Consultant to furnish unique anNor specialized professional -services necessary for the Project, or task, Such Specialty Sub consultant shall be in addition to those identified In Schedule At. 4.02 SUB CONSULTANT RELATIONSHIPS 4.12-1 All Services provided by the Sub consultants shall be performed pursuant to ;appropriate written agreements between the Consultant and the Sub consultants,: which shall contain provisions that preserve and protect the rights of the City under this Agr errient. 4.02.2 Nothing contained in this Agreement, shall create any contractual oar `bus1hess relationship between the City and the Sub consultants, The Consultant acknowledges that Sub consultants are entirely under its direction, control, supervlslon, retention and/or discharge, 4.03 CHANGES TO $US CONSULTANTS The Consultant shall riot add, modify, or change any Sura consultant listed in Schedule Al Withoutprior written approval by the Director or designee, in response to a written request from the Consultant stating the reasons for any proposed substitution: _e fss Page PROFESSIONAL SERVICES AGREEMENT ARTIqLE 6 iI FAULT 5,01 GENERAL if Consultant falls to comply with any terra or condition of this Agreement, or fails to perforin any of its obligations hereunder, thea Consultant shall be In default, Upon the occurrence of a default hereunder the City, in addition to all rernedes available to It by ;law, may immediately, upon written notice to Cons uItant, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Consultant while Consultant was in deforult 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 fear all xpenses 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 withheld reimbursements from Consultant until such bine as the actions giving rise to default have been cured. SX2 CONDITIONSF DEFAULT A finding of default and subsequent termination for cause may include, without limitation, any of the fbliowiitg 6.02-1 Consultant fails to obtain or maintain the insurance or bonding herein required. &02-2 Consultant fails to comply, In a substantial or material sense, with any of Its duties under this Agreement, with <any for s or. conditions set forth ih this Agreement or in any agreement it has with the City, beyond the specified period allowed: to cure such default. 6.02µ8 Consultant fails to commence the Services within the time provided or contemplated herein,; or fails to complete the Services in a timely manner as required by this Agreement. 6.024 Consultant is placed on the; debarred vendors list pursuant to 'Section 287.133, Merida Statutes, as amended, or is otherwise debarred by any Florida public agency, 6.03 TIME TO CUREDEFAULT; FORCE MAJEURE City through the Director or designee shall provide written notice to Consultant as to a finding' of default,' ; and Consultant shall tape all necessary action to cure said default within time stipulated in said notice, after which time the City may terminate the Agreement,, The City at its sole discretion, may allow additional days to perform any required cure' if Consultant provides written justification deemed reasonably sufficient. - Should any such failure on the part of Consultant be due to a condition of Force Majeure as that term i interpreted under Florida law, then the City may _allow an extension of time reasonably commensurate with the cause of such failure to perforin or curs' Ali E 1:gRMII ATJON OF AGREEMENT 6.01 ITY' RIGHT TO TERMINATE The City, including the Director, has the ri 6.32 CONSULTANT' RIGHT TO TERMINATE The Consultant obeli have the right to terminate this Agreement, in writirr, following brach by the City, if breach= of contract has not been corrected within sixty (Q) days from the data of the City's receipt of e written statement from Consultant specifying, its broach of its duties under this Agreement, 6.013 TERMINATION DUE TO UNDiscLosED LOBBYIST OR AGENT Consultant warrants that it has not employed or retained any company or person, other than a bone 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 tide employee working solely for the Consultant any fee, commission percentage, gift, or other consideration continent upon or resulting from the award or making ofthis 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, comrnrssron, percentage, gift, or consideration 7,/11 OWNERSHIP OF DOCUMENTS Ali tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained finder this Agreement, as well as all date <collected, togetherl with summaries and charts derived tonere from, including all electronic digitalcopies will be considered works made for hire and will, /eased 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 service; and/or upon completion or termination of this Agreernent. Consultant shall not copyright any material and products or patent any Invention developed gander thus Agreement. The City shell Have the right to visit the site for inspection of the work and the products of Consultant of any time, The Consultant shall be permitted to retain copies, including reparoducible copies, solely for information and reference in connection with the City's use and occupancy of the project, 7v DELIVERY UPON REQUEST OR CANCELLATION Failure' of the Consultant to promptly deliver all such documents, both hard copy and digital, to the Dtrec:tor or designee within ten (f u) 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 W1 such documents. Consultant shall have no recourse from. these requirements. 7003 -USE BY Ci"T'Y It Is understood that all Consultant agreements and6r Work Orders for new Services will include the provision for the re -use of plans and specifications, including construction drawings at the Cltft 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 reWuse. The Consultant will hotbe 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 thi 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 inforrnation concerning the services to be rendered by Consultant hereunder, and Consultant shall require all of its employees., agents, $ub.Con.sultants and subcontractors to comply with the provisions of this paragraphs, 7.06 MAINTENANCE OF RECORDS Consultant will keep adequate records and supporting documentation, which concern or reflect its services hereunder, Records subject to the provisions of Public Record Law Florida Statutes Chapter 110, shall be kept in accordance with statute, Otherwise the records and documentation will be retained by Consultant for a minimum of three (3) years from the dote of termination of this Agreement or the dote lira ttall Program uppcart Services-FQ i2-13-016 e issce Pape PROFESSIOKAL SERVICES AGREEMENT the Project Is comp'i ted, whichever is later, City, or any duly authorized agents or° representatives of City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three () year period noted above; provided, however such activity shall be conducted only during normal business hours. AP-111CLE a mpgm iFI ATI I The Consultant shall Indemnify, defend, save and hold harmless the City and Its officials, employees and agents (collectively referred to as "Indemnitees") and each of thern from and against all lass, crests, penalties, fres, damages, claims, eXpen es (including attorney's fees) or liabilities (colleotively referred to as "liabilities") arising out of or resulting front or ir) connection with (I the performance or non-performance of the duties, responsibilities, standards, services, supplies, materials and equipment contemplated by this Agreement which is directly or indirectly caused, in whole or in park, by any act, omission, default, professional errors or omissions, or negligence (whether active or passive) of CONSULTANT or its employees, agents or >sub consultants (collectively referred to as "Indemnifying Parties ° ), regardless of whether it is, or Is Alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default, treqgh, or negligence (whether active or passive) of the Indemnifying Parties or Indemnitees, or any of them, gr (ii) the failures of the CONSULTANT to comply with any of the ro is on, heroin; or (ill) the failure of the CONSULTANT , or the Indernnitees, if applicable, to conform to statutes, ordinances, rules,, or other regulations or requirements of any federal, state, county, or city governmental authority or agency , special district or state school, in connection witty the granting ,. approving or performance of this Agreement, or any Amendment to this Agreement, or any actions or challenges that: may arise out of this Agreement, as amended, by, as due to alleged failure to comply with any applicable procurement requirements or similar limitations imposed on such agreements by law, CONSULTANT expressly agrees to indemnify and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or farmer employee of CONSULTANT or any of its subcontractors, as provided above, for which the CONSULTANT ,s liability to such employee or former employee would otherwise be limited to payments under state Worker's Compensation or similar laws, This section shall be interpreted and construed In a manner to 7comply with any applicable Florida Statutes, including, without limitation, Sections, 725,06 and 725,08, RS,, If applicable, Severability shall apply to each sentence of this section, This Indemnification shall survive the cancellation or expiration of the Agreement; The Consultant shall require. all Sub Consultant agreements to. inoludo a provision that they will indemnify the City, The Consultant agrees and recognize$ that the City shall not beheld, 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 Cornsultarivs actions, In reviewing, approving or rejecting any submissions by the Consultant or other acts of the Consultant, the City in no way assumes or shams any responsibility or liability of the consultant or Saab 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. iftalAtal Prograin SupportServices- 'age Aped 12-13-016 e�t e1 12 PROMMONAL 8511=58 AGREEMENT ARTICLE g INSURANCE. The. Consultant shallnot start Services under this Agreement until the Consultant has obtained all insurance required hereunder and the City's Risk Manager has approved such insurance, 9.01 COMPANIES PROVIDING COVERAGE Ail insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Frisk Administrator. All cornpanies shall have a Plarida resident agent and b rated at least Ay, as per A;l, Beit Company`s 14y Rating quid", latest erlltlor 9.02 VERIFICATION P INSURANCE COVERAGE The Consultant shall furnish certificates of insurance to the Risky 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 Fisk Managernent of any material change, cancellation and/or notice of non -renewal of the insurance within 30days of the change._ Consultant shall furnish a copy of tho Insurance policy or policies upon request of the utak Administrator. Consultant shall furnish Copies of insurance policies pertaining to this Agreement to Risk Administrator within ten (10) days of written request. 9.0FORMS COVERAGE 9,03-1' COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY The consultant shall maintain commercial general liability coverage with limits of at least $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury and property damage. The coverage shall include Promises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favorite of the certificate .holder. The coverage shall be written on a primary and non contributory basis with the City listed as an additional Inured as reflected by endomemerit CG 2016 11186 or Its equivalence. Notice of cancellation should read (30) days/ t10i days for nonpayment. 9.03.2 BUSINESS AUTOMOBILE The consultant shall provide bu iness automobile liability coverage including coverage for all owned, hired and non owned autos with a minimal combined single limit of 1,000,000 naming the City as an additional insured with respect to this coverage, Notice of cancellation should road f30 days/ (10) days for Ponpayrnent, E i 9>03- PROFESSIONAL SIONAL LIABILITY INSURANCE The Consultant shall maintain Professional Liability Insurance including Errors and Omissions coverage in the minimum amount of '$1,000,000 per claim, $1,000,000 aggregate providing for all surns 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. Retroactive date is required' on this pcllcy. .03- l+ R R' COMPENSATION INSURANCE : The Consultant shall maintain VVorkor's Compensation Insurance in compliance with Florida Statutes, Chapter' 440, as amended, and mployea's Liability with aminimum limit f $600,000 each ocourrence. Waiver of Subrogation applies in favorite of the certlflcato holder, 9.03ok11 CONSULTANT COMPLIANCE Consultant shall ensure that all Sub consultants comply with these same Insurance requirements, pit a `PrRo tam Support errvices- Page RFQ 12.13- ,to PROFESSIONAL 9ERVIbE8 AOREE ENT 9.04 MODIFICATIONSTO COVIERA09 The Risk Administrator or his/her authorized designee reserves the right_ to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations by providing a thirty (30) day written notice to the Consultant in accordance with §10,05;' herein, Consultant small comply with such requests unless the insurance coverage Is not then readily available in the national market, and may request additional consideration from City acoor ipanied by justification: ARTICLE 10 �PII COLI 10.01 AUDIT RI I" The City reserves the right to audit the Consultant's accounts during1be performance of this Agreement and for three ($) 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 Audit and Inspection provisions of 15-100 through 18.102, City of Miarni City Code, as, amended apply to this Agreement and are deemed as being incorporated by reference heroin. 10.62 WIRP- AGREEMENT This Agreern nt, os 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 sante 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 an;y provision of this Agreement. 10,43 SUCCESSORS AND A IGN The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in whole at in part, by the Consultant without the written consent of the City, acting by and through its City CorrmMission, It is understood that a sale of the majority of the stack 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 tact 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 0amp etitivs Negotiation Act, for any Proj6ot to be compensated under the Lump Cum Method, the Consultant certifies` that wage rates and other factual unit cosh supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. The original Proje t price and any addition thereto will be adjusted to exclude any significant sins by which the City determines the project price was increased due to inaccurate, incomplete or nori-current wage rates and other factual unit costs. Al such price adjustments will be made within 1 year following the end of the Project, 10.06 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed' by the' laws of the Mate 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, tHach party shall bear its lawn attorney's tees except in actions arising out of Consultant`s duties tot Indemnify the City ;under ARTICLE' 8 where Consultant shall pay the City's reasonable attorney's fees. 14.06 NOTICE Whenever either party desires to give notice unto the other, such notice mast be in writing, sent by registered United Mates Mail, return receipt requested, addressed to the party for whom it Is intended at Capital Program Support tier^vil s: Page - FQ ,12.13.016 -sstr 14 PROFF-8810NAL SERVICsAGREwlIENT' the place last .specified; and the place for giving of notice shall remain such, until It shall have been changed by written notice ire 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: Mark Spanioll, RE., Director City of Miami Capital Improvements Program (Cl P,). 444 ;.i. Ave., 3+ FI Miami, Florida 331310 With a copy to Jecvanny Rodrigues, RE,, Assistant Director Capital Improvements, Prograrn CIP) X144 ,K Vin' Ave., - " PI, Miami, Florida 33130 For Consultant Diego Clayljo, PMP, P81? Program Coordinator Atkins forth America, Inc. 20101 N1W 1 107x" Avenue, Miami, Florida 33172 Tet, 30d-014-3579 10.07 INTERPRETATION The language of this Agreement has been agreed to .by beth 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. AtI personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice verse, unless the context otherwise requires. `Cerins such as !'herein,," '"hereof," "hereunder," end "hereinafter" refer to this Agreement as ,a whole and not to eny particular sentence, `paragraph, or lsection where they =appear, unless the content 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 rade to ,a particular subsection or subparagraph of such 8edtion or Articles 10.00 JOINT PREPARATION Preparation of this agreement has been a joint effort of the City and Consultant and the resulting document shall not, solely as amatter of judicial construction, be construed more severely against one of the parties than any other.. 10.00 PRIORITY OF PF dI I N If there is a conflict or inconsistency between any term, statement, requirement, or provision of any eXhibit attached, any document or events referred to here�t�, of any, document incorporated into this d It Agreerment ley reference and a term, statement, requirement, or provision of this agreement, the terra , statement, requirement, or provision contained In this Agreement shall prevail and be gtverr effect, 10.10 MEDIATION -WAIVER OF JURY TRIAL In an effort to engage in ei cooperative effort to resolve conflict which may arise during the course of the design, and )or construction of the subject project( ), and/or following the completion ofthe projects(s),:the parties to this Agreement agree all disputes between them shall be submitted to non -blinding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator,: who the pertl s findroutually acceptable, will conduct any Mediation Proceedings in iarni-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 sirnllar contract previsions with all Sub consuitdnts andif r independent 'contractors and/or Consultants retained for the project(s), thereby providing for non`binding mediation as the primary mechanism for dispute resolution,' 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. Capital Program Support rvicesm Page PROF58810NAC s svIc s AGREEM N'r 10.11 TIME Time is of the; essence In this Agreement. 10.1COMPLiA C WITH tw�iW Consultank shall comply with all applicable laws, codes, ordinances, rule, regulations and resolutions including", without lirrmitation, the Americans with Disabilities Act 'ADK), 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 lain in connection with the performance of this Agreement, 10.12.1 Non-Dlscr th1hattd City warrants and represents that it does not and will not engage In discrirrminatory practices and that there shall be no discrimination in connectlon with Consultants performance under this Agreement bit account of race; color, sex, religion, age, handicap; marital status or national origim Consultant further covenants that no otherwise qualified individual shall, solely by reason of his/her race, col PROPESSIONAi_ SERVICES; AGREEMENT , 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 radlulred prior to Consultant toeing 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 `dlsapproved by the City commission, Consultant shall not be entitled. to seek judicial relief unle so — - -- -- ----- - (i) It has first received city .Managers written decision, approved by the City Commission if applicable; or - (II) a period of sixty (6 0) days ha.s expired after submitting to the City Manager 8 detailed statement of the dispute, accompanied by all supporting documentation, or a periodof (90) days has expired where City Manager's decision is subject to City Commission approval, or (Iii) City has waived compliance With the procedure set fortis 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 corkers' 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 LAU: Funding for this Agreement is contingent on the availability of funds and continued authorization for program adtiivitios and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty ( fl) days notice. 4 _ - 10.18 THIIRD PARTY BENEFICIARY Consultant nd the City agree that it is not intended that any provision of this Agreement establishes a third party b nefioiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10,19. ADDITIONAL TERM, AND CONI ITION No additional terms and conditions included With the solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effoot and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it Is understood/ and agreed thatthe oherall aind " peciAt Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposees authorized signature affixed to the, i bldtder's/proposer's acknowledgment foriTi attests to this, 'If a Professional Services Agreement ("PSA") or other Agreement Is provided by the City and Included in this solicitation no additional terms or conditions Which materially or substantlally vary, modify or alter the terms or conditions of the Agreement, in the sole opinion and reasonable discretion of the city will be considered. Anyand all such additional' teras Arid conditions shall have no force or effect and are inapplicable to this Profes lonaf 8ervice8 ;Agreement ("PSA") or other Agreement. Capital Prograni SupportServices- Page T"Q 12-13-016 -e � 5. A co, ultant Secretary 'iLa (Affirm Consultant Seal, if available) Rene de los Rim, assistant Secretary ATTEST, ITY OF MI, a municipal corporation of the lorida 0 e Hannon, City Clerk -3V -Jo n y Marti ,', .4 City Manager a ital Program Support Services- Dago -RF 12-13.01 PROPESSIONAL80MVICES AGREEMENT CERTIFICATE OF AUTHORITY IIF ORPO ATION I HEREBY CERTIFY that at meeting of the Board of lir ctor$ .O Atkins N.oi,�llt America Inc. ¢ a corporation organized ed and existing under the laws of the Mate of i=icr�d held on the tst day of April 2tii� a resolution was duly passed and adopted authorizing (Name), David .1. garter as (Title) Senior vice President of the corporation to execute agreements cn behalf of the Ass stair corporation and providing that his/her execution thereof, attested y the s creAary of the corporation, shall he the official act and deed of the corporation: I further certify that said resolution remains In full force and effect. IN WITNESS WHEREOR, I have hereunto set nay lend this 14It," day of Kra Ci 13 r eCrry: a 'riot: bene Flo logs Rios, .Assistant Secretary150 4 � Polo" 1.SEALm 1960 NOTARIZATION STATE OF, r1oricla COUNTY OF Warn.j.'Dade, The 'foregoing: Instrument was acknowledged before me this ' 14th day of aww! t I3' , by David J:, garter ' who is personally -know-to-me-a who has produced as identification and who (did / [d.ta ) take an oath. BI NATURE (NARY PUBLIC STATE OF FLORIDA i' SHIMEL Deborah 1Lyna Slitniel aNY 0t 1 at a z a a '. XPI 1 : Pda erg �r 13, 20 a PRINTED, STAMPED OR TYPO NAME OF NOTARY PUBLIC pLI l4'�o t'a a Sax porty1i «t s1a Page,19 l tl .....; r 19 PROFESSIONAL SERViG SAGREEM NT. ATTACHMENT A - SCOPE OF WORK ARTICLE Ali AL Under the direction of the, Director or designee, Consultant is to assist in the programmatic management and administration of the Capital Improvements Program of the City, consisting of, but not limited to, planned capital and .transportation improvements, construction Projects, and the purchase of capital goods and equipment. Additionally, the Consultant will G ist in management oversight of the production, the planning, design and the construction of all vertical and horizontal construction Pruj cts it is the intent and purpose of the City that Consultant shall provide the Services hereunder as an extension of IIP"o resources by providing qualifiedadministrative, technical and professional personnel to perforce the duties and responsibilities assigned under the terms of this Agreement. The Consultant shall minimize reliance can CIP's resources for assignments and activities provided' under the Agreement, as may had authorized by the Director or designee. Consultant shall use its best effort at all times to cause the ;Services to be performed in the most expeditious and cost effective manner consistent with the interests of the City. A`1,01 RANGE OF SERVICES A1s01-1 Consultant may be required to perform all or some. of the, Services presented in this Agreement, depending on the needs of the Clty The Consultant shale furnish the Services specifically authorized by this Agreement, which Services may encompass one or more professional disciplines 9n adtian to those held by the Consultant; A1.01«2 CPS may include, but are not limited to, research and preparation of reports, studies, coordination with community organizations, project management, production management, co istruction administration, cook estimating, assistance with in house design projects, value engineering, scheduling, GIS productlonlmanagemont, utility coordination, document control and records management, database management, administrative, grant applications, and financial program management for the City's Capital Improvements Program, The Services may further includa but are not limited to planning, programming, field investigations, observations, feasll ility studies, apternative analysis steadies permitting and other activities that may be required to complete E, approved Wore Orders. A1,01-3 Consultant will not be responsible to assist with the purchase of capital goods and/or equipment, but shall assist with the fiscal monitoring of those capital Pruij cts and including them in the annual Capital Improvements and Transportation Programs, .Al M4 The City, at its option, may elect to expand, reduce or delete tho extent of Work elements described in the Scope of Services, provided such action does not alter the intent of the Agreements The Director or designee will request. Consultant Services an an as -needed basis. Thera is no guarantee that any or all of the Services described in this Agreement will be assigned during the terra of this Agreement, A1,02 COOPERATIVE WOR The Consultant will be responsible to Work In cooperation with' CIP, City administration, officials of the City, client 'departments and agencies, community and other stakeholders, with consulting engineers and/or architects, and contractors to administer the ',planning, design and construction of Capital Improvements and Transportation Programs Protects, and as well as overall program Management. A1.0 NON-EXCLUSIVE DSIV RIGHT It is understood that any Work Order and Notice td Proceed Will be issued under this Agreement at the sole discretion of the Director or designee and that the'Consultant has no expectation, entitlement, right to or privilege to receive a Work Order or Notice to Proceed for any, Project or Work. The City reserves at all times the right to perform any and all Services In-house, or with other private professional consultants, architects or engineers consistent with applicable lain, including Section 287,055, Florida Statutes, Cataata ><rs aaaax ufrprart5erc=aces~l � Issue page2() RFQ 12-13-ti1 20 PROFESSIONAL SERVICES AGREEMENT (Consultants' Competitive Negotiation Act), if required, or to discontinue or withdraw any or all Projects or Work or to exercise every other choice allowed by law. This Agreement does not confer on the Consultant any particular, exclusive or speclal rights to any Work required by the City. Ai,04 PAYMENTS The City will pay the Consultant in accordance with provisions and limitations of AttachF ent B. No payment will be made for the Consultants time or services in connection with the preparation of any Work Order proposal or for any Work done In the absence of an executed Work Order, Notice to Proceed and for Purchase Order. � � OVER `i OP i SUPPORT 1Ji S A2.01 PRIMARY S RVIC Where Director or designee, in his/her sale discretion, Identifies the hoed fcr Services, Consultant hall provide a Work Order Proposal for the performance of said Services, The Services may include, but are hest necessarily limited to the following: Overall assistance with Administrative Program Management Servicesfor the Capital Improvements Program Production Management: Assistance with Programmatic management of capital project Production, that is, the feasibility and other jure -design studies, financial and gather analyses scheduling, planning, review of construction acid/car design delivery method,'desicn, englnering," Assistance with Construction Program for Projects undergoing construction, activities may include, without limitation, monitoring the overall construction schedule of the capital improvement program, coordinating schedules among Projects, estimating; work order development, assisting with 'community outreach, and providing regular: construotion«associated reports; The award and execution of a Work Order or Notice to Proceed for said Services shall be solely at the City's discretion and submittal of a proposal is no guarantee or assurance that the: Consultant will be authori ed to perform the Work Compensation for any Services shall be separately negotiated and may be lump sum, hourly rate -based' or other . method as deemed appropriate by the parties; A2F02 SPECIALTY SERVICES Where Director or designee, in his/her solo discretion, identifies the need for Services related to a unique, and possibly large scale element, activity, oub-program or project within the Program and such Services are unavailable from within the City's personnel resources, hereinafter Specialty Services, Consultant shall provide a Work Order proposal for the performance of said Services. Said proposal shall identify, In such detail as deemed appropriate by the director or designee, the nature of the proposed Services, the extent of manpower and other resources. required for such Specialty Services, and the Individua`l(s), firm(s) and/or team that has qualifications and expertise in the field of the subject endeavor, The assignment of Work as Specialty Services shall be made solely at the discretion of the Director, and will be accomplished by a Work Order issued pursuant to this Agreernermta The award and execution of a Work Order or Notice to proceed for said Specialty Services shall be solely at the City's discretion and submittal of a proposal is no guarantee or assurance that the Consultant will be authori er to perform the Work as Specialty Services Compensation for any Specialty Services "shall. be separately negotiated and may be lump sura, hourly ratewbaserd or other method as deemed appropriate by the parties. a ltal Program tm crtwares-Re X�suP Page 21 RFQ 12-1.3-016 21 _ARTICLE A3 PRIMARY SERV -ICES Those 'Services considered by the City to be fundamental to the successful management of the overall Capital Improvements Program shall be considered Primary Services and shall consist, generally of the following areas. A3.01 ADMINISTRATIVE PROGRAM MANAGEMENT The Consultant, In Its capacity as Program Manager, will assist wherelwhen Director or designee, in his/her sole discretion, Identifies the need, In the comprehensive coordination, development, and management, including, but not limited to, the �folim ing Services and/or activities: A101.1 Program Implementation $trategies. research and recommend the most effective methods to Implement all aspects of the overall Program. A3,01-2 Program Coordination: Coordination and schedule management for Project design, procurement, contract negotiation and contract administration activities. A101.3 Program Lbglsflcs. Develop comprehensive Program 'Work plans, schedules and, budgets, Manage CIP's "letting" plan for Projects, including the updating, revision, conflicts, deviation,' and analyses to determine e the impact of potential changes to the "letting" plan. A3014 Facility Assessment.. Conduct an assessment of all City owned facilities to develop a pian for correcting deficiencies and a deferred maintenance program/. A .91 -6 Information ystelms. Provide guidance in the Implementation of an in-house database information system. AUI-6 , Fiscal Management Assistance: Develop financial projections, monitor and trace Program funds, financing and cash flaws and did in the processing of grant applications. Assist with the development of program and financial data for potential financing options, including' `investment bends, which may be utilized to implement the 'Program. A301-7 Reporting: Furnish regular progress and status reports on the Program at Intervals' determined by the Director or as significant issues become known to the Consultant, A3,01-8 Stafflng. Maintain staffing efficiencies within the onsl.iltant's Team; A3 01.9 Procedure process ImprovementDevelopment of procedures and procedure manuals for various Program -activities and processes. Develop or assist with the, development of standard documents and/or forms. A3.01-10 Document Control & Records Management-. ent-. Development of a docurnant management system for the Program;maintain documentation and correspondence relating to the Program that is accessible and will be owned by the City, A3.01-11 Annual Capital Flan. Preparation/ of the annual Capital and Transportation Improvement Plan, A3.01n1 Infer -Agency Coordinat on: Overall coordination. of the City's Pwgrorn with other' governmental a encles; such as the Florida Department of 'Transportation (FDOT), Miami -Dade County Public Works and Water and Sewer Departments, utility companies, regulatory agencies and with private developers. A .01A3 ADA Compliance, Provide regular and systematic reviews of all projects, during crEical phases of project Implementation (planning, design and construction) to assist In compliance with the Americans with Disabilities Act, A3.01-14 Prepare official minutes of meetings for the Director or designee's approval and dissemination +ba tt rot ui nppoz r e vtc s� e-tsstr P t a BF t 1 -i -01.6 2 A102 PRODUCTION MANAGEMENTSERVICES The Consultant, in Its capacity as Program Manager, willsg, ,i; ,where/when Director or designee, im his/her solo discretion, identifies the need, in the following Services andtoar activities: A3,02�1 Gena eLoJ2ct Admin stration and Fiscal. A l hies A3,02-1() CostControl: Provide value engineering throe licatrt Project life cycles as requested, and verify constructability of piano & specifications. A3.02.1(b) Financlal: Prepare monthly cash draw projections, monitor monthly Project expenditures, review, monitor and advise the City regarding the disposition of contractors grid/or consultants payment requisitions, Assist With timely submission of payment requisitions to meet: cash flow commitments, Monitor Project funding, and prepare financial projections as required. A3.024() Reporting.,. ,progress reports and status information an assignedProject(s) to .City designees at frequencies identified by Director or designee, A3 42=4() Communication 8, Outreach: At the direction of the (director car designee attend. and address meetings with City officials, neighborhood groups, and private citizens concerning Projects, respond to questions and concerns about the Project at. City Commission meetings, assist the City with public information,, notifications and public meetings required in relation to assigned design construction projects,; A3.024(e) Information Management, DocumentControl; Maintain files Of all documentation end correspondence relating to the Program and specific Projects in an orderly system which will be submitted to the City upon completion of the project and/or Program, A3,024(f) Legal & OtherServices: Should legal I$sues arise relating to p Project, provide records, depositions and testimony ablaut affected Projects. Provide consulting Services on ether matters relating to the Projects and/or Progra , A3.022 Mesion ter tinction activities 'rhe Consultant, in its capacity as Program Manager, will as _Where/when Directoror designee, in his/her sole discretion, identifies the need, In the following Servicesand/or activities: A3.u2.2(a) A 02»2(b) Project coping: Devise and/or confirm/ detailed Project scopes with staff and client departments. Commensurate with funning. Verify the accuracy of Architect's/engineer's budget and design estimates against cash flow commitments, Consultant shall consider prioriti atiori and design alternates as corifingenCy measures to verify that cash flow commitments are achieved, A3.02.2(d) Schedules & Budgets: Develop Work 'plans, schedules and budgets for the overall Program and for assigned Projects. Coordinate the ;design, preparation of construction documents, proeurernent/bIdding end establishment of construction schedules wits City staff. A ,,02.2(d) Reviews: Provide design and constructability reviews of plans and specifications at progress 'intervals, Such reviews shall not relieve the designer of record of Ile bility associated with any errors or omissions in the plans and specificatlon, the responsibility of. which shall retrain solely with the designer of record, A3.02.;.2(e) AICA Compliance: 'review compliance with handicapped accessibility requirements and maintain documentationljustificatlon when full compliance cannot be achieved, Suoh review shall not relieve the dosignor of record of liability associated with any errors or omissions in the plans and specifioations, the responsibility of which shall remain solely with the designer of record, A3.02.2(f) Permits & Approa AK Facilitate and/or assist the City ,In obtaining all Federal, State and local permits or approvals (from acgencles such as MIamkbade later and Sewer, DERM, Environmental, and Department of Health), ` etc, Review such permits for consistency with City approved plans and for special requirementsor conditions, if any. It is the responsibility of the designer of record to file for and Obtain all permits, Capital Prow raaaf uj parrServices-Reµissuo Page 23 IRF 2 13-01 3 PROFESSIONAL SERVICES AGREEMENT A102 -2(g) Utility Coordinatiow Facilitate comprehensive utility coordination to assist with conflict resolution and coordination among City, designers of record, and various utility capital plans and owners. A302 -2(h) Design Criteria tandard : Development and revision of, existing design criteria, standard and directive drawings, and construction specifications, design drawing standards, CAD. and ether similar standards and criteria to ensure best business practices are utilized. A3,02.2(1) Public Outreach: Assist in coordinating and hosting of periodic meetings at frequencies determined by the Director or designee, to promote best practices by City and industry, A.3.02-3 Bids and Contracts A3.024() Review appropriateness of architectural and engineering consultant and contractor fee proposals with CIP personnel as appropriate. , A ao2.3(b) Provide input and assist with the selection and evaluation of consultants, contractors, and other service providers. A13.024(c) Assist with preparation of award document$, grant applications, and assist with the administration of grants. A3.02«3(d) Manage and oversee the selection, monitoring and oversight of Tota harder Contracts in use by the City; assist in the preparation, evaluation and award of new Job girder contracts if deemed necessary by Director,' A yo2.3(e) Assist in negotiations with architectural and engineering consultants and/or contractors regarding price proposals and/or adjustments in time for performance of Cervices. , A3.02.3(f), Assist in the review and analysis of contractor claims as well as claims by the City against contractors and consultants. A3.03 CONSTRUCTION,A MINI TRATiON The City of Miami has contracted separately with various firms providing construction engineering and observation (CES) services. The Program Manager will assist the City, where/when Director or designee, in his/her sole discretion, identifies the need, in the Management of the CEO services, including the following tasks: A103-1 Provide administrative coordination between active construction protects in the some or adjacent areas: A3.03-2 Assist with the glob Order Contract {"JbC") Program administered by the City, A OC contract is an indefinite delivery, indefinite quantity contract pursuant to which the Contractor will perform on ongoing series of individual Projects at different locations, often simultaneously, at various City owned or controlled locations. A3103»3 Visit the job iter periodically and as needed to monitor construction progress: A3.034 review and recommend approval of requests for change carders. A ,o3»s 'Verify that Contractors have filed safety and affirmative action policies, However, Program, Manager shall not be responsible for jobsrte safety or for contractor's failure to comply With affirmative action and safety policies: A3,03-6 Administer construction contracts.. A103-7 Devise and imploment init atives and proactively assist contractors in methods intended to rWrilrni e potential disturbances to public during construction. A3.03- Coordinate_ special inspections including mpjor trades, as requested by the Director or designee. A3.034 Review, monitor and recommend approval of payment requisitions from the Contactor and otherProgram Managers, A3>03-10 Monitor monthly construction related expenditures by the City; �afrxt i ro rarxr ort e!: cos�-t~:erse Page 24 - 43-016 24. � orESslr NAL 8ERVICES A REMM A :o,3-11 Coordinate and assist in hosting of periodic meetings at frequencies determined by the Director or Designee with contractors to promote best. practices by City and industry. &RLICLE A4 S I ��S. The spear(c Scope of Services required as Specialty Services shall vary depending on nature of the speciflo endeavor, and may encompass arty or all of the tasks described under Primary Services, The required Work shall be described in a Work Order Proposal that shall form the basis for a Work Order to be approved by the Director or designee, �111TICLE A6 ST > Rl The Director or designee leas the right to approve and regulate the Consultant's workforce and approve specific Consultant's employees, The Consultant will perform all Services described In this Scope of Services , where/when Director or designee, in hlslher sole discretion, Identities the need, for use of the Key Personnel and/or Staff used for $. eolalty Services, as described below, The Qlrector's input, regarding staff" and Work assigned" as Key Personnel and/or Staff for Specialty Services shall be duly considered by Consultant in preparing any Individual Work Order proposal and failure to adequately address such concerns regarding staff assignments may be cause for Director's refection of same, All staff shall be dulyqualifier!, trairled and/or licensed to perform the Work ass!ned to them. The Consultant shall designate a Program Coordinator to manage this Agreement who small be located at an office rnaintalned by the Consultant. This Program Coordinator shall be responsible for all administrative functions associated with the Agreement, This individual and any other employee's of the Consultant performing administrative functions, which are not located at the IVIRC, shall be part of the Consultant's overhead and not direct billable charges under this Agreement", The Program Coordinator shall be eligible for billable charge wben performing specific, technical functions when so requesters by the Director or designee. A .tl1 PROGRAM STAFF _ A portion of the Peirriary Services shall be performed by Consultant's staff assigned on a full-time basis and housed at the Miami RIverslde Center building, Such personnel shall be considered Key staff" and billed to the. City on a monthly lump sung basis. Any modification in the Scope of Work assigned to the Key Personnel should trigger a corresponding modification in the lump Sum Compensation, as provided in Article S .CIf Y . Upon award of aro Agreement the Director or de igriee. hall issue a Work Order covering the initial`Key Personnel, which shall reflect the monthly levels of compensation and Services and a saparate Work Order covering those individuals assigned to perform what would be considered 8pecinity Services, which shall reflect the methods and levels of compensation. A8.02 STAFFING FOR SPECIALTY SERVICES The Work assignments perforrhed by these staff wili be requested in writing by the Director or designee for individual or short term tasks, or for long-term and continuing service tasks, associated with any element of the Scope of Services; The level of effort anticipated zfor these staff members and their assignments will be analyzed by the Director or hie/her designee' on an as needed basis and the progress will be measured through the Monthly Progress Report to'accompany the Monthly invoicing, Staff Shall be>as igned via Work Order to a given scope of Services, Individual Work Orders shall depict staff Arid/or activities as being offered on a lump sum, pdrforrnance basis: or hourly -rate, limiting amount basis: A5,03 STAFFING CHANGES If additional staff is warranted in the opinion of the Consultant due to workload issues, a written request. will be made by Consultant to the Director or designee whose written approval Is ret{Lilred" as described: below. ASM -1 Chancies,dua to,Absence or TarmirrAVM lf'there are changes in the" staff depleted in an authorized Work Order, particularly with ley Personnel, clue to voluntary or 'involuntary Capita ort ervicest` e—Issrle Page 2 5 R 16 25 PROFS ar NAL SERVICE'S AGREEMENT termination, that, position will be replaced within five (5) business days of the date of separation, or as requested by the Director or designee Should an individual staff, particularly within the key Personnel, be absent for more than 15 consecutive business days due to vacation, illness or other matter, Consultant shall provide a qualified replacement that is acceptable to the Director,or designee, Director or designee, in Director's wile discretion, may additionally request qualified replacement staff due to absences of less than 16 business daysif warranted by the nature of the Worm handled by that staff. The Director or deslgne may request one or more resumes for any personnel to be assigned and may also request to Interview the proposed personnel and select the most qualified person (s), In the City's sole opinlon. Selection of such a person to work on the Program does not change the Consultant's sole responsibility and liability for the performance aid actidns of said person. Such changes shall be noted and approved in writing. A 03-2 Pjanaes due to Work togulrements. Director or designee's approval shall be in Writing for additional or replacement Program, Staff not included in the ProposallWork.Order estimated to work in excess of 20 hours per month in total.Consultant shall provide a written' proposal to Director detailing anticipated Bran -hour and related requirements for the task or activity to be assigned' to additional ley Personnel or any Staff assigned for Specialty Services. The Director or designee may request one or more resume for any personnel to be assigned and may also request to interview the proposed personnel and select the most qualified person, In the City's sole opinion= Selection of such a person to work on the Program does not change the Consultant's sole responsibility and liability for the: performance and actions of said person. ART1919M ASSIGNMENT OF WORD it is the intent and purpose of the City that Consultant shall provide the Primary Services hereunder as air extension of CIF's resources as may be authorized by the Director, It is envisioned that areas of responsibilities and specified tasks will be assigned by the Director or designee. A6.01-1 WORK ORDERS When e specific task is above and beyond the scope of the initial,Nark birder assigned to Key Personnoll Program Support Staff or program Support Staff assigned to Specialty Services Work Order, the Director or designee, will request a Work Order Proposal from the Consult rt for said Services based can a proposed Supe of Services provided by the Director or designee. The Consultant and Director or designee, and Gathers if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Work and to resolve any questions regarding the proposed Project. The Consultant shall then prepare a written "Work Order Proposal" for the required Services generally following the guidelines provided by IIP, indicating ,the proposed Scope_of Services, iirne of perfbrmance, proposed fees, Sub consultants if worran ed, deliverable .items and/or documents, and timeframe to complete the Work. The Work harder Proposal shall depict detailed staffing commitments for the proposed Services and the method of compensation, either Lump Sum or Dourly ate/Limiting Amount. The Consultant shall not be compensated for the preparation or Work Order Proposals. When consensus is reached, the Consultant shall prepare a revised and final Work Order proposal which will be attached and incorporated to the Work Order euthori ed by the Director or designee. Upon acceptance of the Work Order Proposal a "notice to Proceed." will be issued by the Director or desi n e. No guaranteeis made as to how many and the extent of Work Orders issued to the Consultant. iiet Pro rams Suptataa,t arvt »R,ejsstxe Page26 RVQ 12-13-016 26 PROFESSIONAL SERVICES AGREEMENT SCHEDULEA CONSULTANT TEAM The fallowing table summarizes the roles for all members of the Consultant Team anticipated to Mark on the Professional Capital Program Support Services Agreement for the City, C taa Stsoravzesise Page 't27pt FIRM MAJOR ROLE ' Atkins forth America, Inc, Capital Program Support Services Project, Information Services TRACS Database, Program Controls VW sthorp & Associates Inc. CivilEngineering/Interagency Coordination (Certified CBE Firm) Indigo Service Corporation Facility Assessments, ACOA Compliance and (Certified CBE Firm) Architecture Curtis & Rogers Design Studio,Landscape Architecture Inc, (Certified CBE Firm) CL MAG 13 Consulting Public. Information Officer C taa Stsoravzesise Page 't27pt NAME JCB CLASSIFICATION Pedro Beltran JCC Program Manager Kingsley Cornwell Sr. Cost Estimator Thais Channon Program Controls Manager Monica Pause CADD Technician _. aP at I'ra .ra Support Sor i cs-Re-lss e Page 2 8.�"�. ar t: 2- . -016 28 PPOPES I NAL SERVICES A RCCNICNT I &R-TICLE 131 The fees for Professional Services for the project and each Work Order shall be deterrnIned by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the Consultant. aj A Lump Suit (See Section B101). b) An Hourly Rats, as deflned in Section B3.02 and at the rates se'i forth in Schedule 81. 131,01 COMPENSATION LIMITS The aggregate sum of all payments for fees and oasts, including reimbursable_ expenses, to the Consultant payable by the City under this Agreement shall be limited to the amount specified In Section 2,013,1 as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for worse performed, or as otherwise may be alleged or clalmed by Consultant, beyond the cumulative ;Amount provided herein, except There specifically' approved in accordance with the City Coda by the City Manager or City Cammission as applicable as an increase to the Agreement and put into effect via an Amendment to this Agreement. 81.02CONSULTANT NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order,' any rn ximurn dollar or percentage amounts stated for compensation shall not be exceeded, in the event they are soexceeded, 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. AF TI L S 'SAGE RATES B2.01 FEE BASIS All fees and compensation payable under this Agreement shall b formulated and based upon the certified negotiated Wage bates that have received and, approved by the Director and/or Assistant. Director, The Wage spates are summarized in Schedule 131 incorporated herein by reference, Said Wage Rates are the effective direct hourly rates, as approved by the City, of Consultant and sub' consultant employees in the specified profusions and job categories that are to be utilized to provide the services E under this Agreement, regardless of manner of compensation, B2.02 EMPLOYEES AND JOB CLASSIFICATION$ Schedule St identifies the professions, joky categories and/or employeas expected to be used during the term of this Agreement. These may .include architects, engineers, landscape architects, professional 3 Interns, designers, C DD technicians, project managers, GIS and environmental specialists, specification 1 writers, clerical/administrative support, and ethers engaged In the Work. In determining compensation for a givers Scope. of Work, the City reserves the right to recommend the use of Consultant employees at particular Wage Date levels, (32.03 ULTIPLI For Work assigned ander this Agreement; a maximum multiplier of 2.9 for home office and 2A for field office shall apply .to Consultant's hourly Wage Rates in calculating compensation payable by the City, The field office rnuitipiler will be utilized for foil tlmo 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. Sold 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, +depreiati.)n of equipment,'; professional clues, 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 Sub` Consultants shall provide to the City current certified audit statements reflecting their overhead at the request of the City: gltal Pr(ral 'suj�po t zx�xce e -issue age 2 � t VQ 12.1. -01.% 29 2.04 CALCULATION Said Wage Rates are to be utilized by onsulternt In calculating compensation payable for all Capital Progr t Support. Services 'Staff, Consultant shall identify job classifications, available staff and projected man-hours required for the, proper completion of tasks arid/or groups of tasks,, milestones and deliverables. identified under the Scope of Work as exemplified in Schedule A2; B2.0MPLO E BENEFITS,AND OVERHEAD Al Regardless of the method of compensation elected herein, compensation paid by City shall, via the Multiplier, cover all Consultant casts including, without limitation, employee fringe benefits (e.g. sick leave, vacation, holiday, unemployment taxes, retirement, medical, insuirance and uinemploymant benefits) and ars overhead factor, Failure to comply with this section shall be cause for cancellation of this.Agreement. B2,0S ALA "IO There shall be no wage escalation during the term of this contract. &RTLCLE 133 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the Consultant, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a'cornbination of the methods- outlined above, as applicable, In the following manner: S101 LUMP SUM: Compensation for a Scope of World may be a Lump Sum, either a Fixed Fee or Not to Exceed Fee as deemed appropriate by the City, to be mutually agreed upon in writing by the tatty and the Consultant and stated in a Work Order. 83.04-1 ��,u Surd : shall be the total arncauht of com enset"ran where all aspects of Work are clearly defined, quantified and calculated. 83.01.2' Modifications, to Lgra°rts Sum. If the City authorizes a substantial or material change in the. Scope of Services or level of staffing, the Lump aura compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and Consultant, subject to such additional approvals as may be required by legislation or ordinance, B3,01-3 Lump Sum compensation_ shall be calculated by Consultant,_ utilizing the Wage Rates established herein Including muitipller; and reimbursable expenses as attached` in Schedule-w2, Prior to issuing a Work Order, the City "may require Consultarit, to verify or justify Its requested Lv mp Soni compensation. Such verification shall present sufficient information as depicted in Schedule A2, .02` HOURLY RATE FEES Y 83.62.1 Hourly Fate Fees shall be those rates for Consultant and sub consultant emplcl'yees Identified In Schedule St Wag Dates. All hourly 'rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract. documents, The City shall have no liability for any fee, cost or expense above this figure, Consultant shall maintain itimesheets for all individuals compensated on an hourly basis. Said timesheets are to reflect the name and title of the individual, work week, all Work performed during the work week, and the hours associated with each task performed, Tim sheet must account fear the total number of authorized work hours In the work week. ,02.2onditio0s ty Use - Hourly Use: dourly Rate Fees shall be used only in these instances where the parties agree that it is not possible; to determine, define, quantify anWor 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 Pate 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 s a Not to Exceed Fee for the Work to be performed on an dourly Date Basis, r a rtat Pref a � Srtta ort rv�ces Re lssuc Page 30 kiFid 016 B3.02-3 Overtime: Per Staff, whose servioes are paid based on hours Work is performed Consultant shall provide written justification for use of overtime in advance of occurring such overtime and, mint obtain advance written approval of the Director or designee, Failure to obtain prior written approvalshall result In the City denying any request.for compensation for the incurred overtime;.. The Director may authoft6 the use of overtime, subject to the following' limitations that the overtime may only be used for Staff who is performing identified Specialty Services and such Staff shall not be exempt employees as defined under the Federal Pair Labor Standards Act, -Further; overtime compensation shalt not exceed one and one half (1-11 2) times the employee's regular )sourly rate, as provided in Schedule 131, The regular repeated use of overtime is discourager and may be denied by Director or designee, b3.03 REIMBURSABLE EXPENSES Any fees for authorized reimlk ursab. 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 timoor travel and subsistence not directly related to a project, All reimbursable services shall e billed to trig City at direct dost expended by the Consultant, City authorizers reproductions in excess of sets required at each phase of the ~Mork will be a reimbursable Expense The City will reimburse the Consultant for duthorized Reimbursable Expenses pursuant to the limitations of this ;Agreement as verified by supporting documentation deemed appropriate by Detector or designee including, without limitation, detailed bills, itemized invoices and/or copies of cancelled checks. f PEF.S for SPECIALTY SERVICES The Consultant may be authorized to perform Specialty Services for which additional compensation and/or Reimbursable Expenses, as provided en this Agreement: B3.04.1 Determination Of Fee The compensation for such services will be one of the methods describer) herein; mutually agreed upon Lump Sura or Hourly nate with a Not to Exceed Limit,; S&U-2 Procedure and Compliance An independent and detailed Notice to Proceed, and ars 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 far s0ch 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 Negotlation .Act, and other applicable laws, 13104-3 Fee Limitations For all Specialty Services to be provided by Cub Consultants, the Consultant .shall not. apply any mark=up or multiplier, For all reimbursable services the Consultant will be reimbursed based on actual costs. 133.06 PAYMENT EXCLUSIONS Consultant shall not be compensated by City fbr revisions and/or modifications to any Work product or services when such, Work is due to errors or omissions of Consultant asdeteernined by City. Consultant shall not be compensated for preparing and processing, work orders or far preparing and ;processing invoices, 133.06 FEES RESULTING FROM PROJECT SUSPENSION If the Program or any portion thereof is suspended for the convenience of the City for more thea three months or terminated without any cause in whole or In part, during any Phan, the Consultant shall b 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 Goo tat lit n z xztr a t rua as :f22e i xae Page 31 11 2-1 016 braving been suspended for more than three months, the Consultants further compensation shall; be subject to renegotiations. ARTICLE PAYMENTS E CONSULTANT .01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to Services performed during the prig month, For the LUMP Sint portion of this Agreement, payments shall be male monthly in an amount equal to 111 1r' the annual Luno Surntatal compensation. hourly Rate payments shall be made on the 'basis of actual hours world based on the Hourly Rate Fee, accompanied by a duly certified invoice, giving names, classification, salary rate per hour (not to exceedthe values depicted in Schedule B-1), hours and associated tasks worked and total charge for all personnel directly engaged Services; Recurring Reimbursement Expenses established of an annual lump sum as shown in Schedule 132 may be invoiced monthly, and paid as rioted above for the Lump Cup portion of the Agreement. Other, pre - approved Variable Reimbursement Expenses are to be invoiced within 120 days of the Consultant's expenditure thereof; Cub Consultant's fees and Reimbursable Expenses shall be billed to the City In the actual amount paid by Consultant. Consultant shall utilize the City standard ConsUltont Invoice Form available an the CIP' Website, Failure to submit Invoice(s) within 60 days, fallowing the provision of Cervices contained in such invoice may be cause for a finding of default., B4.02 MONTHLY PROGRESS REPORT In addition to the invoice, the Consultant shall submit a Monthly Progress Report (Report) detailing the Services prodded and activities undertaken by Consultant's staff; inclusive of all Supplemental Staff. ' The Report shall lso provide details as to tho.status of all assignments, tasks, activities and deliverables and associated hours as maybe applicable, The Report shall also provide an anticipated' date of completion for each item included in the Report, City shall reject any invoice :iiia accompanied by a Monthly Progress report. the format and content, of the Monthly Progress`Report shall be subject to the approval of the Director or designee, - I .O L NC — HOURLY RATS Invoices submitted, by Consultant shall be sufficiently detailed and accompanied by supporting docurneritation to allow for proper audit of expenditures, When services are' authorized on an Hourly' Date basis, the Consultant shall submit for approval by the Director, a duly certified involve, giving navies, classification, salary rata per hour, hours worked and total charge for ail personnel directly engaged on a. project or -task, To the sura thus obtained, any authorized Relm"burnable Services Cast may be added. The Consultant shall attach to the Invoice all supporting data for payments made to and incurred by Bub Consultants engaged on the Project, In. addition to the invoice, the Consultant shall, for dourly Rate authorizations, submit a progress report,giving the percentage of completion of the Project development and the total estirnated fee to completion, - ARTICLE B6 EXPENSES: 130.01 GENERAL Any fees for authorized reimbursable expenses shall not include charges for Consultant's handling, office rent or overhead expenses of any kind, Including depreclation, of equipment, professional dares, subscriptions, eto., or employee's time or travel and subsistence not directly related to the Program or e Pr9ject(s). Reimbursable expenses shall be billed to the City at direct oast expended by the. Consultant, The City will reimburse the Consultant for authorized Reimbursable mbursable t xpenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee Including, without limitation, detailed bills, itemized invoice andlor copies of cancelled checks. Documentation shall be submitted.with Invoices for Variable 'Reimbursement Expenses, For Recurring Reimbursement expenses, the supporting documentation for the annual lump sum amount shall be included in the Proposal/Work Order and no further supporting documentation will be.. required. 6a its 1Pra r rxr u �c�rtervzt.es':F Issue Page . F 12-13-0-16 Reimbursable Expenses shall be identified and quantified, to the extent possible; In each Work Order. 85.02 'TYPES OF R15IMBURSABLE EXPENSES As depicted in Schedule B2, Reicnbursable Expenses are to be established either as ..9 Recurring Reimbursement set as a Monthly Lump Sum amount primarily attributable to Key Personnel or as Variable Reimbursement given as a limiting amount, or allowance, subject to the advance approval of the Director or designee for direct expenses fpr attributable to either Key Program Staff or Staff assigned to Specialty Services as noted below, , Reimbursable Expenses are shown in Schedule B2. Actual direct costs pant by Consultant for Variable Reimbursement Expenses shall be the bads gat invoice to City, subject to the advance approval of the Director or designee as provided below, 135 02,1 AUTHORIZATION Both eourring Reimbursements and estimates of Variable Reimbursements, as shown in Schedule 82, are to be identified Variable Reimbursement Expenses for all travel and per d€ern, miscellaneous items' and any other item or category and shall be subject to specific written advance approval of the Director or designee using forms provided to the Consultant subsequent to award of the Agreement. 86.03 DEFINITIONS and CATEGORIES Reimbursable Expenses are those items authorized by the City outside of or in addition to professional fees as identified in the Work Order and consist of actual expenditures made by the Consultant and the Consultant's employees, or Sub Consultants, In the interest of the Work for the purposes identified below: smo -i `Brave! Aird Per Diem Identifiable per died, Meals and lodging, lodging, taxi fares and miscellaneous travelconnected expenses for Consultants personnel subject to the limitations of Section 112.061 Florida tatute as amended. Meals for class C travel inside Miami -lade or Broward County will not be reimbursed. Meals and lodging expenses wilt not be reimbursed for temporarily relocating Consultant's employees from` bane of Consultant's offices to another office if the employee is relocated for more than ten (ill) consecutive Working days. Lodging will be reimbursed only for room rates equivalent to Holiday inn, Howard. Johanson or Ramada Inn. Governmental lodging or meals will not be reimbursed that, result from travel within Mlamiiade, Broward or Palm Beach Counties_ Bs.034 Perri it Feet ill permit fees bald 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. Miscellaneous Reimbursable Expenses! ^ All other expenses as included in Schedule 92 or those otherwise 1requested in advance and approved in writingby the Director or designee ore eligible for reimbursement as Variable Reimbursements. 136.03 ` REIMBURSEMENTS it J CONSULTANTS Reimbursable Sub consultant's expenses are limited to the items described above when the Sub consultant agreement provides for reimbursable expenses and when such agreement has been previously approved in writing by the Director and subject to ail budgetary limitations of the City and requirements of 0 herein, Capital PM Page 33 11 u ARTICLE B6 COMPENSATION FOR REUSE OF PAN AND SPgC!FI AT QNB 101 GENERAL It is understood that Consultant's Agreements and/or Work Orders for existing or new Work include the provision for the re -use of plans and specifications, including construction drawings, at the City's sale 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 reuse. �Pli al Pr Okra 1! t p2x° ry 11, It C she Page �._z.. FQ 12-13-016: ATTACHMENT B - C ESTI SCHEDULE 131 - WAGE RATES SUMMARY CPSS- Atkins North America, . JO DIRECT Multiplier AVERAGE HOURLY INDIVIDUAL'S I A I I PATI HOURLY (See table RATE (Multiplier NAT RATE below) Applied) Atkins North A.rrrerrca, Initial Key Program Support staff Kingsley Cornwall Sr, Cost Estimator $34.83 2.4 $83,59 Pedro Beltran, El Job Order Contracting $49,1 2A $118.01 Manager Thais Changan program Controls Manager $35.71 2.4 $85,10 Monica Pausa CA Technician $28.017 2,4 $67.31 Additional Program Support Staff ^ Spclalty $ervtces t Diego Clavijo, PMP, PSP Sr, Claims Analyst $65:03 2.9 $18&59 William Pitcher, PE Marine/Coastal Engineer $70 99 2.9 $2IJ5, 7 Jlmrrly Suarez, PSP' Senior Scheduler $.8532 2,9 $103.59 Ana Cabrera Software bevelopment $6158 2.9 $181.48 Manager � Jim Bernstein Senior Software. Developer $4436 2,9' $128.64 Ricardo Castro, PE Roadway Engineer $44.Cit1 2,9 $127.60 Victor Herrera, PE Civil Engineer/ Permit _. $58,85 ....... ,.._. 19 r $170.67 i Coordinator Douglas Rarnlrex, PE structural Engineer $45.64 2.9 $132.36 Vertical Structures Adam Gelber Envlronrr�ontal $52,78 2. 153.ti6 I Mark Henry _._ Environmental Project $42.61 19 $123.57 -' Manager Carlos del Ule, PSMSurveying Manager $664.37 2.9 $192.47 Amit Hazra GIS Developer $41.48 2.9 $121,29 Glenn Flyers, PE_ Structural Engineer- $77.28 2.9 $224.73 Roadway & Bridges Jose Lopez, PE., PMP Grants Manager $48,07 2.9 $:139,40 Juan Alfonso Senior Project. Controls $55,22 2.9 $160.34 Praveen Om i, CEP, A1IS, l EEIJ AP Value Engineering Specialist $7P.34 2. � $230,09 Pelayo Calante, PE: Sr. Mechanical Engineer $57,4.3 2.9 $J 66,55 Pedro Trevin, PE Sr. Electrical Engineer $71,37 2.9 $2K97 Capital Piro raw Situ port ei•vtces-Re4sSt a Page35 RFQ -.13.01 35 OVERHEAD & PROFIT RATE/FACTOR SUMMARY NAME F FIRMS OFFICE OVERHEAD FIELD OVERHEAD tkins North America, 2.9 2A Inc. Pik 17 Westhorp & Associates, 2.9 2.4' Inc, Indigo Service 2.9 Curtis & Rogers Design 2.9 294 - Studio, Inc; MAGBE Consulting 2. Services, Inc. Capital Program Support Services -Re -Issue Fuge 36 AfQ 12.13-0. 36 Pro ect Information Services Timothy Wagon - principal, PIS $65.00 2.75 $178,75 Gunnel Young Senior Programmer $53.00 2,75 $145,75 Marie cossin Programmer $30,00 2,76 $82,60. esth rp & Associates Inc, (Certified CBF Firm Brenda Westhorp, PE Sr. Civil Engineer/ $48,75 2.9 $141,38 Environmental Diana Santander, PE Civil Engineer $40.89 2,9< $118.58 Barton 1, Foie, P CIvII Engineer $30.00 2.0 $87wO0 Indigo Service Corporation (Certified CBE Fire) Ricardo Fernandez, R.A. Project Manager /Senior $95.80 1,67 $160= Architect - Ante I Allam Zamora, F..A. µ Senior Architect $42,30 2.9 �..,. $1.2.267 Ai�5ndro Fernandez, Senior Architect $41.38 2,9 $120.00 RaA. Anabel Armstrong OADD `technician $26,25 2.1 $76,13 Curtis & 190 ers Design Studio, Inc. (Ceirtified CBE Firm) Aida Curtis Senlor Landscape Architect $60.09 2,9 $174.2,6 Esperana Deily Landscape Architect $37.74 2.9 $109A5 Jennifer Rogers Landscape Architect intern $25.48 2,9 $73.89 Julio Persivale Landscape Architect CADD $25.00 2,9 $72.50 MA B6 Consulting Services, inch Magaii Ahad Public Information CiffiCer $39,50 2,5 $905 OVERHEAD & PROFIT RATE/FACTOR SUMMARY NAME F FIRMS OFFICE OVERHEAD FIELD OVERHEAD tkins North America, 2.9 2A Inc. Pik 17 Westhorp & Associates, 2.9 2.4' Inc, Indigo Service 2.9 Curtis & Rogers Design 2.9 294 - Studio, Inc; MAGBE Consulting 2. Services, Inc. Capital Program Support Services -Re -Issue Fuge 36 AfQ 12.13-0. 36 '/VrKINS April 24s 2011 ertificat`r�ns Wage Cortitiaatiow 1 hereby certify that the gates contained in this certification are the actual records for the 1'ollow€t1 employees, Leyka ` era Leyka>8o ero@ Iran lobal.earr Hou !at Humberto. Alonso S89.69 Diego Claylip ,t?3 Kingsley ornwall 534.83 Pedro Beltran $40.17 'rhats Chamon $35,71 Mottica pans ;' 28,07 Jimmy Suarez $35.72 , Ana Cabrera $6158 11tH Bermtefn X44,36 Ricardo Castro $44,00 "Victor Herrera $505 Dou lm. Ramiroz $45.64 Adam Gelber $52,78 Mwk Henry $42,61; rl s Del "Valle $66,37' Await Hazra $41,4$ enn Myers $7728 ; oeLop 4,7 Juan Alfons 6, Praveera OMW $70.34" Payo Galante $5743' �'t�'ravira X71,37' illlarn Pit6hea 7 . l `you lime any cloestions Tease feel tri to Oorltaotmew 'thank yob. Leyka ` era Leyka>8o ero@ Iran lobal.earr Thomas F. Barry, J) , er#tor Vice President ATKINS NORTH A BRI N, ING, 482 South .feller Road Orlando, Florida 32810 Dear Mr, Barry: The Florida Department of Transportation has reviewed your application for qualification package and determined that the data submitted Is adequate to quality your firm for the following types of work: Group � w Project Development and Environmental (P S) Studies' Group • Highway Design -Roadway oadway .1 -y Minor Highway Design 2 w Major Highway Design 8,8 Complex Highway Design Group 4 - Highway l eslgn - I ridges 4A,i � Miscellaneous Structures b 4J.2 . Mirror- Badge resign 4.1 Major Bridge DesignConcrete 4,22 Major Bridge Design - steel 423 Major Bridge Design m.egmental Croup Bridge Inspection 51 onvontional BridgeInspection 6.3 ornplu Bridge inspection A M8ridge. goad Rating Group,6 Traffic Engineering and Operations Studies .1 - Tt°affio Engineering Studies 6. - Traffic Slqrial Timing 6.3,1 - Intelligent Tran porta fort ystrar�s Analysis end t�esign 3. _ Intelligent Tran portation Systems Impiernerrtatiorr - Intelligent Transportation Traffic 5.ngtheering Systems Cor muni atrons 6.3.4 - Intelligent Transportation Systems Software Development pment Croup 7 - Traffic Operations Design. 7,1 - Signing, Pavement Marling and Channolization 7, - t:ighting 7� w ignali ation Group 8 - Survey and'Mapping ,1 - Control Surveying 82 - Design, Eight of Way onstruction SurVeyIng 3. � Right of Way, Mapping' Group 10:' - Con0ruotion, Engineering Inspection' 1O:1 « Roadway Cobstruction I=ngin ering inspection 103 ConstrUctIon Mater is Inspection 10.4 - Miter Bridge & Miscellaneous Structures CBI %5,1 � Major Bridge C k 0oharete 10:52 - Major Bridge dEl A Steel Group 11a Engfneerlh,t Contract Ad rinistration and Management Croup 1 h Planning 13.3 Policy Planning 13.E Systems Planning 13.5 « Bubareo/ otridor Blartrrin `I3: La-3 nd Planning/ rtgihedrin 133 Transportation Statistics. Group 14' M Architect Group, 15 « Landscape Archltect Group 21 - Acquisition, Negotiation, Closing, and Order of Taping, Group 24'Acquisition Relocetion'Aasist nce� Group 25 ' - might of Way 0earing andLeasing, Your Unllrni ed Notice of`Clualffloationshall be valid Cantil September 30 at such time as Your M rott 31, 2013 overhead ,audit will be due to comply with the Departments requirement on overhead audit. We will automatically notify your firm 4.5 to 80 Mays prier to your update deadline; On the basis of data submittod the lOeoartrriont has approved, your accounting system and oorrsiders the rates listed below as accept ate rates for qualification purposes, Facilities Horne/Branch Meld capital Cost Overtime 3 ick office oaf c e2 p'r`emium Direct Exense Overhead Rate 109.13% V0:01% 0A4ii7% Exotudod 16,04%(Hol ia) 127%(Field)1i 'Rent and utilities excluded from field office rate. "Chane caste will be directly reimbursed on contracts that require the consultant to provide field offlne. Should you have any guestiot s; .pleaae feel free to oontaot e at 0/4144486. irioe `rely., Q a Lorraine , 0don! Professional Services> Qualification Administrator LOlcbhlt mYw-dof,sw(eAai CITY OF MIAMI Capital Improvements Program Capital Program Support Services Re -Issue RFQ No. 12-13-016 Addendum No. 1 February 8, 2013 TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the above -captioned Request for Qualifications, and shall become an integral part of the Proposal Responses and the subsequent Agreement. Please note the contents herein and affix same to the documents you have on hand. 1. Implementation of Community Business Enterprise ("CBE") Procedures In accordance Section 18-87, The City has established mandatory CBE Participation requirements which are specified in City Code Section 18-87. CIP has established procedures to assist proposers in complying with these CBE Participation requirements. On the left side of CIP Procurements Opportunities and Forms webpage is a link to a new page called CBE Forms/Reports. This page contains links to required City CBE forms, a forms checklist and a Frequently Asked Questions ("FAQ") page with important information as well as active links to the Miami -Dade County website for a listing of CBE certified firms and certification forms. For all additional CBE questions, please use the contact information listed on the CBE forms page. Community Business Enterprise Forms Page: http://dev.miamigov.com/capitalimproveinents/pages/ProcurementOpportunities/ProiectPa.es/CB E forms.asp New forms/reports: (*These documents are not .PDF fillable) • Letter of Agreement (LOA) required with submittal* • Form C-1 — Subconsultants required with submittal* • Certificate of Compliance required with submittal* • A/E Monthly Utilization Report (MUR) **required after award* • Monthly Utilization Report Instructions Forms Checklist ➢ Frequently asked questions (FAQ) 1 Capital Program Support Services -Re -Issue Addendum No. I RFQ No.12-13-016 m Reauest for Information:, Question. I Can you please !at me know if we are able to use the r6ference letters that we previously submitted for this project Answer Submit reference letters and forms that are specifically for the re -issued CPSS FQ, ome of these forms, including the reference letters, have been revised and are requesting additional information, THIS ADDENDUM IS AN ESSENTIAL ORTION OF THE REQUEST FOR QUALIFICATION Cpifal Progrom Support Add erktium'&, PFQ'N0,12-13.010 CITY OF MIAMI Capital Improvements Program Capital Program Support Services Re -Issue RFQ No. 12.13-016 February 20, 2013 TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the above -captioned Request for Qualifications, and shall become an integral part of the Proposal Responses and the subsequent Agreement. Please note the contents herein and affix same to the documents you have on hand. Revised Forms Form C-1 Sub -consultants and Form RFQ-QT Qualifications of the Team have been revised with text field and checkbox glitches corrected. They are both posted as part of this Addendum. Requests for Information: 1 Capital Program Support Services Re -Issue Addendum No. 2 RFQ No.12-13-016 Please confirm that Proposers can request Reference Forms (Form Question 1 RFQ-PM-R or Form RFQ-PP-R) from City of Miami staff. Answer 1 Yes. Question 2 The RFQ requests that we "disclose, in detail, any and all judgments, suits, claims, arbitrations and back charges asserted or awarded against the Proposer or any proposed Sub Consultant in the past 7 years where the threshold exceeded $100,000." We are a large nationwide firm. Please provide clarification as to whether it would be acceptable to provide the requested litigation information for the prime's submitting office only and/or only for litigation related to the proposed areas of work. Answer 2 Please provide all the requested information for the company.. 1 Capital Program Support Services Re -Issue Addendum No. 2 RFQ No.12-13-016 d, Ciy f Miami City Hallf `� �r t 3500 Pan American Drive Miami, FL 33133 Resolution: R-14-044 File Number. 14-0100 Final. action D06. 1120!201.4 ARESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA!') WITH ATKINS NORTH AMERICA, INC., FOR THE PROVISI. N OF CAPITAL PROGRAM suppoI ."I" SERVICES, IN AN AMOUNT NOT TO EXCEED $1,500,000.00, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $1,500,000.00 TO AN AMOUNT NOT TO EXCEED $3,0004000.00, ALLOCATING FUNDS FOR. SAID INCREASE FROM THE APPROPRIATE CAPITAL. IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TQ EXECUTE AMENDMENT NO, 1 TO THE PSA, IN SUBSTANTIALLY THE ATTACKED FORM, FOR SAID PURPOSE, WHEREAS, pursuant to Resolution No. 1 -01$3, adopted May 0, 2013, the City Commission authorized the execution of a Professional Services Agreement ("PSA'") with Atkins North America, Inc.: ("Atkins"), for the provision of Capital Program Support Services in an amount not to .exceed 1,500,00+0.00, and WHEREAS, the original contract capacity has diminished by varied but significant amounts, based can the volume of work and the complexity of the projects assigned; and WHEREAS, the current remaining contract balance is not sufficient to cover the costs anticipated Pear various ongoing projects under the Job Order Contracting Program, as well as for continued support necessary for Project Management, Construction Management, Computer Aided Design ("CAD") support, and overall administration support for the City's Capital Improvements and Transportation Program; and WHEREAS, it.is therefore necessary to execute Amendment No. I to the PSA with Atkins, increasing the PSA by a not to ekcee.d amount of $1,500;000.00, for a vital not to exceed contract amount of $3,000,000,00; and WHEREAS, funds are to be allocated from the appropriate Capital Improvement Projects, NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA*: Section 'I. The recitals and findings contained In the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. An increase to the PSA with Atkins, for the provision of Capital Program Support Services,in an amount not to exceed $1,500,000,00, thereby increasing the total contract amount from $"1,500,000,00 to an amount not to exceed $$,000;000.00, is authorized, with funds for said increase allocated from the appropriate Capital Improvement Projects. Qr af Miami Page] d,1°2 111e 1& 14-01,007 t Persion, ) Printed Ow 121212014 File Number: 14.01007 Enuctrtx0011Naxmber. P-.14-044 Section 3, The City Manager is further a.uthorized(1) to execute amendment leo. 1 to the PSA, in substantially the attached form, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} {1} The herein authorization is further subject to compliance with all, requirements that may be imposed by the City attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. � } If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was,passed and adopted. If the Mayor vetoes this Resolution, It shall become effective immediately upon override of the veto by the City Commission. [sit This Amendment No. 1 to the Professional Services Agreement dated May 31, 2013, (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Atkins North America, Inc., ("Consultant") a State of Florida corporation, for the provision of Capital Program Support Services for ("Services") for the ital Improvements and Transportation ("CITP") Program is entered into this 201,x''- gi WHEREAS, the Agreement was entered into pursuant to Request for Qualifications No. 12-13- 016, in the total amount of $1,500,000.00 for the Scope of Work included in the original Agreement', and WHEREAS, the original contract capacity has diminished by significant amounts based on the volume of work and the complexity of the projects assigned; and WHEREAS, the current remaining contract balance is not sufficient to cover the costs anticipated for various ongoing projects under the Job Order Contracting Program ("JOG") as well as for continued support necessary for Project Management, Construction Management, Computer Aided Design ("CAD") support and overall administration support for the CITP program; and WHEREAS, it is now necessary to enter into Amendment No.1 with Atkins, increasing the Agreement by $1,500,000.00 from $1,500,000.00 to a final not to exceed amount of $3,000,000,00; and WHEREAS, the City Commission has adopted Resolution No. 14- to approve the corresponding increase in the Compensation Limits; and NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: 1. ARTICLE 2 GENERAL CONPMgNS Section 2,03 Compensation 2.03.1 Compensation Limits The amount of compensation payable by the City to the Consultant shall be a lump sum or not to exceed fee, based on the rates and schedules established in Attachment B hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed Three Million Dollars ($3,000,000.00) in total over the term of the Agreement and any extension(s), unless explicitly approved by prior action of the City Commission and put into effect by written amendment to this Agreement executed by the parties . The City may, at its sole discretion use other compensation methodologies. The City shall not have any liability nor will the Consultant have any recourse against the City for any compensation, payment, reimbursable expenditure, cost or charge beyond the compensation limits of this Agreement, as it may be amended from time to time. Section 7.05 Maintenance of Records The above Article is amended to additionally comply with changes to Florida Statutes, Chapter 119, the Public Records Act, and is supplemented as stipulated below. These terms and conditions shall become effective upon execution of this Amendment No. 1. "Consultant shall additionally comply with Section 1%0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements and, (5) All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems." All other terms and conditions of the Agreement are in operative force and effect and remain unchanged, 9 111111141ID031111 Almr-jimma (SEAL) APPROVED AS TO LEGAL FORM AND CORR)E TNESS: By: Victoria M' ndez, City AttornV y M, ATTEST: By: doirporate Secretary Rene do los Rios Assistant Secretary (Affix Corporate CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: 0 Daniel J. Alk#6, C ty Mana APPROVED AS TO/,//, SU NCE REO,UIREMENT,a' Manaqe ent Department ATKINS NORTH AMERICA, INC,, a State of Florida Corporation 3 By David J. Carter Senior Vice President (Name and Title) File Number: 15-01023 City Hall 3500 Pan American Drive Miami, FL 33133 www.mlamigov.com Final Action Date: 9/10/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH ATKINS NORTH AMERICA, INC., FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES, IN AN AMOUNT NOT TO EXCEED $1,035,000.00, THEREBY INCREASING THE TOTAL CONTRACTAMOUNT FROM $3,000,000.00 TO AN AMOUNT NOT TO EXCEED $4,035,000.00; ALLOCATING FUNDS FOR SAID INCREASE FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, pursuant to Resolution No. 13-0183, Request for Qualifications 12-13-016, adopted May 9, 2013, the City Commission authorized the execution of a Professional Services Agreement ("PSA") with Atkins North America, Inc. ("Atkins"), for the provision of Capital Program Support Services in an amount not to exceed $1,500,000.00; and WHEREAS, pursuant to Resolution No. 14-0443, Amendment No. 1, executed February 9, 2015, increased the PSA from the original contract amount of $1,500,000.00 by an amount not to exceed $1,500,000.00 for a total contract amount not to exceed $3,000,000.00; and WHEREAS, the amended contract capacity has diminished by varied but significant amounts based on the volume of work and the complexity of the projects assigned; and WHEREAS, the current remaining contract balance is not sufficient to pay the anticipated costs of various ongoing projects under the Job Order Contracting Program; the continued support necessary for Project Management, Construction Management, Computer Aided Design support; and, the overall administration support for the Capital Improvements and Transportation Program; and WHEREAS, it is therefore necessary to execute Amendment No. 2 to the PSA with Atkins, increasing the PSA by an amount not to exceed $1,035,000.00, for a total contract amount not to exceed $4,035,000.00; and WHEREAS, funds are to be allocated from the appropriate Capital Improvement Projects; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. An increase to the PSA with Atkins, for the provision of Capital Program Support Services, in an amount not to exceed $1,035,000.00, thereby increasing the total contract amount from $3,000,000.00 to an amount not to exceed $4,035,000.00, is authorized, with funds for said City of Miand Page 1 of 2 Tile Id.- 15-01023 (Version: 1) Printed On: 512712016 City of Miami lA if Legislation z Resolution: R-15-0363 File Number: 15-01023 City Hall 3500 Pan American Drive Miami, FL 33133 www.mlamigov.com Final Action Date: 9/10/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH ATKINS NORTH AMERICA, INC., FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES, IN AN AMOUNT NOT TO EXCEED $1,035,000.00, THEREBY INCREASING THE TOTAL CONTRACTAMOUNT FROM $3,000,000.00 TO AN AMOUNT NOT TO EXCEED $4,035,000.00; ALLOCATING FUNDS FOR SAID INCREASE FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, pursuant to Resolution No. 13-0183, Request for Qualifications 12-13-016, adopted May 9, 2013, the City Commission authorized the execution of a Professional Services Agreement ("PSA") with Atkins North America, Inc. ("Atkins"), for the provision of Capital Program Support Services in an amount not to exceed $1,500,000.00; and WHEREAS, pursuant to Resolution No. 14-0443, Amendment No. 1, executed February 9, 2015, increased the PSA from the original contract amount of $1,500,000.00 by an amount not to exceed $1,500,000.00 for a total contract amount not to exceed $3,000,000.00; and WHEREAS, the amended contract capacity has diminished by varied but significant amounts based on the volume of work and the complexity of the projects assigned; and WHEREAS, the current remaining contract balance is not sufficient to pay the anticipated costs of various ongoing projects under the Job Order Contracting Program; the continued support necessary for Project Management, Construction Management, Computer Aided Design support; and, the overall administration support for the Capital Improvements and Transportation Program; and WHEREAS, it is therefore necessary to execute Amendment No. 2 to the PSA with Atkins, increasing the PSA by an amount not to exceed $1,035,000.00, for a total contract amount not to exceed $4,035,000.00; and WHEREAS, funds are to be allocated from the appropriate Capital Improvement Projects; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. An increase to the PSA with Atkins, for the provision of Capital Program Support Services, in an amount not to exceed $1,035,000.00, thereby increasing the total contract amount from $3,000,000.00 to an amount not to exceed $4,035,000.00, is authorized, with funds for said City of Miand Page 1 of 2 Tile Id.- 15-01023 (Version: 1) Printed On: 512712016 File Number: 15-01023 Enaelment Number: R-15-0363 increase allocated from the appropriate Capital Improvement Projects. Section 3. The City Manager is further authorized {1} to execute Amendment No. 2 to the PSA, in substantially the attached form, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of File Irl.• 15-01023 (Version: 1) Printed On: 512712016 CITY OF MIAMI CAPITAL IMPROVEMgNTS AND TRANSPORTATION PROGRAM AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT OTH ATKINS NORTH AMERICA, INC. FOR CAPITAL PROGRAM SUPPORT SERVICES This Amendment No. 2 to the Professional Services Agreement dated May 31, 2013, (the "Agreement") between the City of Miami, a municipal corporation of the State of Florida ("City"), and Atkins North America, Inc., ("Consultant") a State of Florida corporation, for the provision of Capital Program Support Services for ("Services") for the .Capital Improvements and Transportation Program ("CITP") is entered into this — day of , 2015. RECITALS WHEREAS, the Agreement was entered into pursuant to Resolution No. 13-0183, Request for Qualifications No. 12-13-016, in the total amount of $1,500,000.00 for the Scope of Work included in the original Agreement; and WHEREAS, pursuant to Resolution No. 14-0443, Amendment No. 1, executed February 9, 2015, increased the Agreement by a not to exceed amount of $1,500,000.00, from the original $1,500,000.00 to a total not to exceed amount of $3,000,000.00; and WHEREAS, the amended contract capacity has diminished by significant amounts based on the volume of work and the complexity of the projects assigned; and WHEREAS, the current remaining contract balance is not sufficient to cover the costs anticipated for various ongoing projects under the Job Order Contracting Program ("JOC") as well as for continued support necessary for Project Management, Construction Management, Computer Aided Design ("CAD") support and overall administration support for the CITP program; and WHEREAS, it Is now necessary to enter into Amendment No. ,2 with Atkins, increasing the Agreement by $1,035,000.00 from $3,000,000.00 to a final not to exceed amount of $4,035,000.00; and WHEREAS, the City Commission has adopted Resolution No. , to approve the corresponding increase in the Compensation Limits; and NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: ARTICLE 2. General Conditions, Section 2.03 Compensation The amount of compensation payable by the City to the Consultant shall be a lump sum or not to exceed fee, based on the rates and schedules established in Attachment 8 hereto, which by this reference is incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed Three Millie DGliars , Four Million Thirty-Five Thousgnd Dollars($4,035,000,00) in total over the term of the Agreement and any extension(s), unless explicitly approved by prior action of the City Commission and put into effect by written amendment to this Agreement executed. by the parties, The City may, at its sole discretion use other compensation methodologies. The City shall not have any liability nor will the Consultant have any recourse against the City for any compensation., payment, reimbursable expenditure, cost or charge beyond the compensation limits of this Agreement, as it may be amended from time to time. All other terms and conditions of the Agreement are in operative force and effect and remain unchanged, 2 IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first above written, THE CITY OF MIAMI, FLORIDA (SEAL) ATTEST, By:, Todd B, Hannon, City Clerk CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: Daniel J, Alfonso, City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS; REQUIREMENTS: By: Victoria M6ndez, City Attorney ATTEST: By: Corporate Secretary (Affix Corporate Seal) By: Ann -Marie Sharpe, Director Risk Management Department. CONSULTANT 3 By: (Signature) ,(Print Name and Title) Atkins North America, Inc.