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Agreement with Atkins North America, Inc.
b� � 6� 666 � y g � � g k W<: AGREEMENT BETWEEN CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. (SECONDARY) FOR TRAFFIC ENGINEERING CONSULTING SERVICES Resolution No. 2014-28666 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1. DEFINITIONS 4 ARTICLE 2. BASIC SERVICES 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 14 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 17 ARTICLE 5. ADDITIONAL SERVICES 17 ARTICLE 6. REIMBURSABLE EXPENSES 18 ARTICLE 7. COMPENSATION FOR SERVICES 18 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 20 ARTICLE 10. TERMINATION OF AGREEMENT 21 ARTICLE 11. INSURANCE 23 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24 ARTICLE 13. ERRORS AND OMISSIONS 24 ARTICLE 14. LIMITATION OF LIABILITY 24 ARTICLE 15. NOTICE 25 ARTICLE 16. EQUAL BENEFITS FOR EMPLOYEES AND SPOUSES AND 26 EMPLOYEES WITH DOMESTIC PARTNERS ARTICLE 17. CONSULTANTS COMPLIANCE WITH PUBLIC RECORDS LAW 26 ARTICLE 18. MISCELLANEOUS PROVISIONS 27 SCHEDULES: NOTE TO AGREEMENT SCHEDULES 33 SCHEDULE A - SCOPE OF SERVICES 34 SCHEDULE A-1 - CONSULTANT SERVICE ORDER 35 SCHEDULE B - CONSULTANT COMPENSATION 36 SCHEDULE C - CONSULTANT HOURLY BILLING RATE 37 SCHEDULE D - INSURANCE CERTIFICATE 38 9 ATTACHMENTS: ATTACHMENT A - Resolution, Commission Item Summary, and Commission Memorandum 38 ATTACHMENT B - Request for Qualifications ("RFQ") 39 ATTACHMENT C - Consultant's Response to the RFQ ("Proposal") 40 3 1 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. FOR TRAFFIC ENGINEERING CONSULTING SERVICES ' This Agreement made and entered into this tC) day of I\PRA - , 2015 ("Effective Date"), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as the "City"), and Atkins North America, Inc. ("ATKINS"), a Florida corporation having an office at 4030 West Boy Scout Boulevard, Suite 700, Tampa, Florida 33607 (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, the City intends to contract for Traffic Engineering Consulting Services for certain projects located within the City of Miami Beach, and wishes to engage the Consultant to provide certain professional services as same are described and set forth in Schedule "A" hereto, for such projects, to be assigned, at the City's discretion and by means of the issuance of a "Consultant Service Order" (similar to the form shown in Schedule "A" attached hereto), at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of those certain professional services relative to those projects assigned by the City, pursuant to a Consultant Service Order. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 4 1.3 CITY MANAGER/DESIGNEE: The "City Manager" shall mean the chief administrative officer of the City, who shall have authority with respect to any specific matters concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the Services, and/or this Agreement). The City Manager's designee shall mean the individual identified as the Project Coordinator, unless otherwise designated in writing by the City Manager. 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications No. 2014-116-SR, entitled "For Traffic Engineering Consulting Services issued by the City in contemplation of this Agreement, together with all amendments thereto (if any), (the "RFQ"), and the Consultant's proposal in response thereto ("Proposal"), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. 1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant", shall mean the architect/engineer who has entered into a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, sub-consultants, agents, and any other person or entity acting under the supervision, direction, or control of Consultant. Any sub-consultants retained by Consultant for a Project shall be subject to the prior written approval of the City Manager. Consultant shall provide the Project Coordinator with copies of the contract between Consultant and any sub- consultants. Any such contracts shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and sub-consultants. Any approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Services. The quality of services and acceptability to the City of the services performed by such sub-consultants shall be the sole responsibility of Consultant. 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in writing by the City Manager who shall be the City's authorized representative to coordinate, direct, and review (on behalf of the City) all matters related to a Project. 1.7 [Intentionally Omitted] 5 1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement (and as required to complete a Project), as further described in Schedule "A" attached hereto. In addition, any Services not specifically addressed as Additional Services (as defined herein) shall be considered Basic Services. 1.9 PROJECT: The "Project" shall mean a certain City capital project that has been approved by the City Commission and which is described in the Consultant Service Order. 1.9.1 Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Surveying, Topographical, and Mapping Services. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. 1.9.2 Project Scope: The "Project Scope" shall mean the description of the Project, contained in the Consultant Service Order (and as same may be modified by any approved change orders). 1.10 [Intentionally Omitted] 1.10.1 [Intentionally Omitted] 1.10.2 [Intentionally Omitted] 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of sub-consultants/sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process SHALL NOT be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, the Consultant shall request a time extension from the Project Coordinator within five (5) business days of said force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless additional services are required, 6 and approved pursuant to Article 5 hereof. 1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, and written amendments issued thereto), the Consultant Service Order issued to Consultant by the City for a Project, and the documents prepared by Consultant in accordance with the requirements stipulated in such Consultant Service Order. The Contract Documents may also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the solicitation documents and other agreements issued and approved by the City for construction of the Project including, without limitation, the Request for Qualifications ("RFQ") (or such other solicitation document as the City may deem advisable, in the sole and reasonable discretion), instructions to bidders, bid form, bid bond, the Contract for Construction, surety payment and performance bonds, conditions of the Contract for Construction [General, Supplementary, and other Conditions], Divisions 0-17, Construction Documents, approved change order(s), approved construction change directive(s), and/or approved written order(s)for a minor change in the Work. 1.14 [Intentionally Omitted] 1.15 [Intentionally Omitted] 1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, an adjustment in the fee and/or completion dates. Contract Amendments shall be approved by the City Commission if they exceed Fifty Thousand ($50,000.00) Dollars, or the City Manager if they are Fifty Thousand ($50,000.00) Dollars or less (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than Fifty Thousand ($50,000.00) Dollars, the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services, which the Consultant shall perform, at the City's option, and which have been duly 7 authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods, procedures, etc. necessary or convenient for performance by Consultant of all duties and obligations proposed by the Contract for Construction. 1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. When the term "Services" is used in this Agreement, it shall also be deemed to refer to the particular work, services, and/or tasks assigned to Consultant pursuant to the City's issuance of a Consultant Service Order. 1.20 [Intentionally Omitted] 1.21 [Intentionally Omitted] 1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, as described in Schedule "A" hereto, as well as any Additional Services (as approved by the City). It shall also be deemed to refer to the particular work, services, and/or tasks assigned to Consultant pursuant to the City's issuance of a Consultant Service Order. 1.23 CONSULTANT SERVICE ORDER: "Consultant Service Order" shall mean the work, services and/or tasks assigned by the City to Consultant (and issued pursuant to the notice, in substantial form, attached as in Schedule "A-1" hereto), and specifically describing and delineating the particular Services (Basic and otherwise) which will be required of Consultant for the Project that is the subject of such Order. 1.24 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A — Scope of Services. Schedule A-1 — Consultant Service Order. Schedule B — Consultant Compensation Schedule C — [Intentionally Omitted] Schedule D — Insurance Certificate 8 ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services under this Agreement, as set forth in Schedule "A" hereto, and as may also be more specifically described in the Consultant Service Order. 2.2 The Services will be commenced by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager or his/her designee. Consultant shall countersign the Consultant Service Order upon receipt, and return the signed copy to the City. 2.3 As it relates to the Services and a Project, Consultant warrants and represents to City that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. Recognizing that the construction of other projects within the City may affect scheduling of the construction for a Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Coordinator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.4 The Consultant warrants and represents to City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to City that it is responsible for the technical accuracy of the Services. 2.5 The Consultant's Basic Services to be provided under this Agreement shall consist of those described in Schedule "A" attached hereto. 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for the 9 accuracy and competency of its/their designs, working drawings, plans, technical specifications, or other technical documents, nor shall such approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, plans, technical specifications, or other technical documents; provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City pursuant to this Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of a Project and, in this respect, the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the parties which shall be the Effective Date referred on page 3 hereof, and shall be in effect for three (3) years plus two (2), one (1) year renewal options to be exercised at the sole discretion of the City Manager and upon mutual agreement of the parties. Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order issued for a particular Project, including the time for completion of the work and/or services for such Project (as set forth in the particular Service Order. 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 The Services will be performed in a manner that shall conform to the Consultant Service Order. The Consultant may submit requests for an adjustment to the Consultant Service Order completion time, if made necessary because of undue delays resulting from untimely review taken by the City (or other governmental a uthorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Coordinator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted) shall be in writing. 10 2.7.4 Nothing in Section 2.7 shall prevent the City from exercising its rights to terminate the Agreement, as provided elsewhere herein. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on a Project. 2.9 The Consultant shall perform its duties under this Agreement, and under a Consultant Service Order, in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all Services required under the Agreement and, under any Consultant Service Order issued to the Consultant by the City (including the Services performed by sub-consultants), within the specified time period and specified cost. The Consultant shall perform the Services utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consultant with respect to the disciplines required for the performance of the Services in the State of Florida. The Consultant is responsible for, and shall represent to City that its work conforms to the City's requirements, as set forth in the Agreement and in any particular Consultant Service Order issued to Consultant by the City. The Consultant shall be and remain liable to the City for all damages caused by the Consultant's negligent acts or errors or omissions in the performance of the Services. In addition to all other rights and remedies, which the City may have, the Consultant shall, at its expense, re-perform all or any portion of the Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with the above standards. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of the Services required under the Agreement shall be construed to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or its sub-consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect to the performance of Services by sub-consultants, the Consultant shall, in approving and accepting such Services, ensure the professional quality, completeness, and coordination of the sub-consultant's Services. 11 2.9.1 Consultant Performance Evaluation: The Consultant is advised that performance evaluation(s) of the work and/or services rendered throughout the Term of this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. 2.11 [Intentionally Omitted] 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a fully executed Consultant Service Order, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his/her designee. 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or his/her designee (which notice shall state the cause therefore), to promptly 12 remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project ( including, without limitation, any sub-consultants). 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non- public information concerning the Services or the Project, without the prior written consent of the City Manager or his designee, unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services, as described in this Agreement and in Schedule "A" hereto, do not delineate every detail and minor work task required to be performed by Consultant to complete the work and/or services described and delineated under a Consultant Service Order issued to Consultant by the City for a particular Project. If, during the course of performing work, services and/or tasks on a particular Consultant Service Order, Consultant determines that work and/or services should be performed (to complete the Project delineated under such Order which is, in the Consultant's reasonable opinion), outside the level of effort originally anticipated in the Consultant Service Order (issued for the particular Project), then Consultant shall promptly notify the Project Coordinator, in writing, and must obtain the Project Coordinator's written consent before proceeding with such work and/or services. If Consultant proceeds with any such additional work and/or services without obtaining the prior written consent of the Project Coordinator, said work and/or services shall be deemed to be a Basic Service under this Agreement and shall also be deemed to be within the scope of services delineated in the Consultant Service Order (whether or not specifically addressed in such scope of services). Mere notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the City to perform such work and/or services. Performance of any such work and/or services by Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 [Intentionally Omitted] 2.18 GREEN BUILDING STANDARDS: [Intentionally Omitted] 13 2.19 SUB-CONSULTANTS: All services provided by sub-consultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the sub-consultants, which shall contain of the City under this Agreement. Nothing contained in ' ns that preserve and protect the rights y 9 provisio p P this Agreement shall create any contractual relationship between the City and the sub-consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager or his/her designee, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of sole responsibility of Consultant. The shall be the p Y the services performed by sub-consultants Consultant shall cause the names of sub-consultants responsible for significant portions of the Services to be inserted on the plans and specifications. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project during the design and construction of same (except unless otherwise expressly provided in this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying or changing, (in any way) the following: a) the Services described in this Agreement; b) the Term of this Agreement; or c) the amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall make available to Consultant all information that the City has in its possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and/or representation as to the accuracy or completeness of such information. The Consultant 14 understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 3.3 [Intentionally Omitted] 3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its sub-consultants or vendors). 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non- conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt written notice thereof to the Consultant. 3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. No City administrative (proprietary) approvals and/or decisions required under this Agreement shall be unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times have the right to approve or reject any such requests for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct, by passage of an enabling resolution or amendment to this Agreement: 3.7.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, of this Agreement. 3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from administrative decisions of the City Manager or the Project Coordinator. In such cases, the Commission's decision shall be final and binding upon all parties. 15 3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of Fifty Thousand ($50,000.00) Dollars (or such other amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements) and of any sub-consultants (and any replacements). 3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his/her discretion, the City Manager may also consult with the City Commission on such matters. 3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 3.8.4 [Intentionally Omitted] 3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of Fifty Thousand ($50,000.00) Dollars (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.8.6 The City Manager may, in his/her sole discretion, form a committee or committees, or inquire of, or consult with, persons for the purpose of receiving advice and recommendations relating to the exercise of the City's powers, duties, and responsibilities under this Agreement or the Contract Documents. 16 3.8.7 The City Manager shall be the City Commission's authorized representative with regard to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof). ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST [Intentionally Omitted] ARTICLE 5. ADDITIONAL SERVICES, 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services may include, but not be limited to, the following: 5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and causes which do not currently exist, or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or negligence of Consultant. 5.2.3 [Intentionally Omitted] 17 5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures made by the Consultant in the interest of the Project. Notwithstanding the preceding, any Reimbursable Expenses in excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator (along with any supporting receipts and other back-up material requested by the Project Coordinator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." 6.2 Reimbursable Expenses may include, but not be limited to, the following: 6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its sub-consultants, and courier, postage and handling costs between the Consultant and its sub-consultants). 6.2.2 Costs for reproduction and preparation of graphics for community workshops. 6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project (i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" or "Not to Exceed" fee for provision of the Services, , as may be set forth and described in the Consultant Service Order issued for a particular Project, shall be: $3,500 for Project Type "A" and $5,800 for Project Type "B". 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made for Services satisfactorily performed. No mark-up shall be allowed on subcontracted work. 7.3 Approved Additional Services shall be compensated in accordance with Article 5 — Additional Services. Any request for payment of Additional Services shall be included with a Consultant payment 18 request. No mark-up shall be allowed on Additional Services (whether sub-contracted or not). 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City may, at its sole discretion, by written directive approved and executed by the City Manager, adjust the lump sum amount for Project Type "A" and Project Type "B", to reflect the change in the Consumer Price Index (CPI) on a year to year basis. Such adjustment will be based on the cumulative change of the CPI since the Effective Date, for the Miami Urban Area, using the month and year of the Effective Date as the base month and year, as compared to the month and year of the beginning of the comparison year during the Term of this Agreement, or two percent (2%), whichever is lower. 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis, per project. Invoices shall identify/include the nature and extent of the work performed; Project Name, Project Type (A or B), lump sum amount and a copy of the original Service Order signed by the Project Manager. In the event sub-consultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). 7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written approval of the City Manager before disbursement of same. 19 ' RECORDS ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices" ), during customary business hours upon reasonable prior written notice. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants to the requirements of this Article and ensure compliance therewith. ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for 20 such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or(3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of 21 termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant. 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant (including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator). 22 ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator: (a) Comprehensive General Liability Insurance, in the amount of one million dollars ($1,000,000.00) per occurrence for Bodily Injury, Property Damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). (b) Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits required under Florida law. (d) The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. (e) The certificate must state the proposal number and title 11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written 23 request to Consultant. ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement and/or in the performance of any Consultant Service Order issued by the City to Consultant pursuant to this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement (or otherwise provided by Consultant) shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. ERRORS AND OMISSIONS [Intentionally Omitted] ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds $10,000, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with 24 Consultant's recovery from the City for any damages for action for breach of contract to be limited to $10,000, less any amount(s) actually paid by the City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess $10,000, which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Joe Jimenez, Assistant City Manager With a copy to: Planning Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Thomas Mooney, Planning Director Transportation Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Jose Gonzalez, Director. All written notices given to the Consultant from the City shall be addressed to: Atkins North America, Inc. 4030 West Boy Scout Boulevard, Suite 700 Tampa, Florida 33607 Attn: Paul J. Mannix, Associate Vice President All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 25 ARTICLE 16. EQUAL BENEFITS FOR DOMESTIC PARTNERS Consultant acknowledges that if this Agreement is valued at over $100,000 and Consultant maintains 51 or more full time employees on their payroll during 20 or more calendar work weeks, Section 2-373, of the Miami Beach City Code, "Requirement for city contractors to provide equal benefits for domestic partners" ("Ordinance") shall be applicable. If applicable, said Ordinance requires Consultants doing business with the City of Miami Beach, which are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to their employees with spouses. This Ordinance applies to all employees of the Consultant who work within the City limits of the City of Miami Beach, Florida, and the contractor's employees located in the United States, but outside the City of Miami Beach limits, who are directly performing work on the Agreement within the City of Miami Beach. Pursuant to said Ordinance, Consultant warrants and represents and/or acknowledges as follows: a) Consultant certifies and represents that during the performance of this Agreement, Consultant will comply with this Ordinance; b) The failure of Consultant to comply with this Ordinance shall be deemed to be a material breach of this Agreement; c) If Consultant fails to comply with this Ordinance, the City may terminate this Agreement and all monies due or to become due under this Agreement may be retained by the City. The City may also pursue any and all other remedies at law or in equity for any breach; d) If the City Manager or his designee determines that Consultant has set up or used its contracting entity for the purpose of evading the requirements of this Ordinance, the City may terminate this Agreement; and e) Failure to comply with this Ordinance may subject Consultant to the procedures set forth in Division 5 of Article 2 of the City Code "Debarment of Contractors from city work". ARTICLE 17. CONSULTANTS COMPLIANCE WITH PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. 26 For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Consultant's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. ARTICLE 18. MISCELLANEOUS PROVISIONS 18.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 18.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital or familial status, or age. 18.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the 27 construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 18.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this subsection, City shall have the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise recover) the full amount of such fee, commission, percentage, gift, or consideration. 18.5 LAWS AND REGULATIONS: 18.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal, State, Miami-Dade County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the Project. 18.5.2 Project Documents. In accordance with Section 119.071 (3) (c)(1), Florida Statutes, entitled "General Exemptions from Exemption or Copying of Public Records" all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout or structural elements of an attractions and recreation facility, entertainment or resort complex, industrial complex, retail and service development, office development, or hotel or motel development, which records are held by an agency are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons. receiving such information shall maintain the exempt status of the information. 28 18.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub-consultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 18.5.2.2 The Consultant and its sub-consultants agree in writing that the Project documents are to be kept and maintained in a secure location. 18.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. 18.5.2.4 A log is developed to track each set of documents logging in the date, time, and name of the individual(s) that work on or view the documents. 18.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its sub-consultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 18.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement and under any Consultant Service Order issued by the City to Consultant shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercial facilities. 18.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other consultant to perform any such incidental Services. 29 18.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject to the prior written approval of the City Manager. 18.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 18.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said Services. 18.12 INTENT OF AGREEMENT: 18.12.1 The intent of the Agreement ment is for the Consultant to provide traffic engineering consulting services to include all necessary items for the proper completion of such services. r rights This Agreement is for the benefit of the parties only and it does not grant g hts to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. 18.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 30 18.13 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 31 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year.first hereinabove written. Attest CIT A'OF MIX('/ BEACH: 14 00.1.warilkiklitili 4:-Alpirg 14* i RAFAEL E. GRANAD . •CL's" r 47 Y L. 1 •RALES, CITY MANAGER .i• f 0 0 INCORP ORATED= SV � •'}<A% �IINS NORTH AMERICA, INC. Attest 1,1141kuumm 6*— _swum / /2L ,1 �eeee %�4� '41F/4---1/ Signature/Secretary S nature/Pre ident m Ice' ' S "E i i 4.: 1960 Rene de los Rios Kenneth J. Burns, Jr. g '• °. ; 3 Assistant Secretary Senior Vice President •• OR14t. Print Name/Title Print Name/ Title �'� '" ,W. APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION a....1.....a. c;,1 (3 k5 City Attorney Date F:\PURC\$ALL1Solicitations1201412014-116•SR RFQ-Traffic Engineering Services111-Agreement\FinalWlkins 2014-116-SR(Secondary)A&E Agreement.doc 32 SCHEDULE A-1 CONSULTANT SERVICE ORDER PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. Service Order No. for Consulting Services. TO: Atkins North America, Inc. 4030 West Boy Scout Boulevard, Suite 700 Tampa, Florida 33607 DATE: Pursuant to the Agreement between the City of Miami Beach and Consultant for TRAFFIC ENGINEERING CONSULTING SERVICES (2014-116-SR) you are directed to provide the following Services: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Project Name and No: Estimated calendar days to complete this work: days Fee for this Service Order: $ The above fee is a Lump Sum or an Not to Exceed (check one). Project Manager Date Assistant Director Date Consultant Date Director Date 35 SCHEDULE B CONSULTANT COMPENSATION PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ATKINS NORTH AMERICA, INC. Project Name and No: Project Type: [ ] A OR [ ] B Scope of Services: Note: These services will be paid Lump Sum based on percentage of work complete, or as a Not to Exceed limit based on actual work performed, as identified in the Consultant Service Order. 36 SCHEDULE C HOURLY BILLING RATE SCHEDULE [INTENTIONALLY OMMITTED1 37 NOTE TO AGREEMENT SCHEDULES NOTE: WITH THE EXCEPTION OF SCHEDULES "A" AND "C" (BASIC SERVICES AND CONSULTANT'S HOURLY BILLING RATE SCHEDULE), THE ATTACHED SCHEDULES ARE FOR ILLUSTRATIVE PURPOSES ONLY. WHEN CONSULTANT IS ISSUED A CONSULTANT SERVICE ORDER FOR A PARTICULAR PROJECT PURSUANT TO THIS AGREEMENT, THEN THE SPECIFIC SCHEDULES PERTAINING TO THAT PARTICULAR WORK, SERVICES AND/OR TASKS (I.E. THE SCOPE OF SERVICES; CONSULTANT COMPENSATION; CONSTRUCTION COST BUDGET; PROJECT SCHEDULE; ETC) SHALL BE NEGOTIATED BETWEEN THE CITY AND THE CONSULTANT AND THE TERMS OF THIS AGREEMENT SHALL GOVERN FOR THAT PARTICULAR PROJECT. 33 SCHEDULE A SCOPE OF SERVICES PROJECT TYPE "A • Review traffic impact studies submitted by land developers for proposed projects in Miami Beach. • Provide prompt input to Planning Department staff on the accuracy of the information provided in the studies as they relate to the impact to the existing City transportation system. Expected response time would be within five working days after receiving the traffic study. The peer reviewer will be required to visit the project site prior to submitting the review of the study. The site visit date shall be documented as part of the review memo to be submitted to the City. • Determine the impact based on trip generation using the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual for the proposed modifications/developments. • Validate/Assess travel demand growth based on the forecasted historical and long range transportation plans. • Validate the traffic data collection. • Validate micro-simulation runs to assess existing and future level of service conditions. • Validate the queue analysis for all intersections and driveways. • Validate proposed roadway improvements to mitigate possible traffic impacts. • Conduct a field site visit and document as part of the review of the traffic study, the date/time of visit. • Review study findings and recommendations. • Prepare a memorandum containing comments of the traffic study considering all pertinent information. • Participate and attend meetings including attending a Planning Board hearing to respond to questions on the review of the traffic study. The Consultant(s) shall also be available to discuss issues related to the study via conference calls, as needed. • Review of on-site and off-site vehicular circulation, including appropriate signage and striping at a minimum. PROJECT TYPE "B": Project Type "B" shall include all of the items included in Project Type "A" listed above and shall also include the following services: • Review of geometric and operational analysis of all options/alternatives proposed or considered. • Assessment of valet parking operation based on mechanical parking or automated parking systems. Familiarity with the operation of these parking systems is highly desirable. • Consider additional potentially feasible alternatives not included in the study. • Review self-parking and/or valet parking assumptions. • Run Auto Turn templates to check on adequacy of turning radii as part of the proposed site circulation. • Review Transportation Demand Management Plan. 34 SCHEDULE D INSURANCE CERTIFICATE 38 ATTACHMENT A Resolution, Commission Item Summary, and Commission Memorandum 39 I , RESOLUTION NO. 2014-28666 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER- PERTAINING TO THE RANKING OF PROPOSALS,_.. .__-- --- __ PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-116-SR (THE RFQ), FOR TRAFFIC ENGINEERING CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER, FLORIDA TRANSPORTATION ENGINEERING,. INC, AS THE PRIMARY CONSULTANT AND THE SECOND- HIGHEST RANKED PROPOSER, ATKINS NORTH AMERICA, INC, AS THE SECONDARY CONSULTANT; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT UPON CONCLUSION OF • SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Qualifications (RFQ) No. 2014-116-SR was issued on March 4, 2014, with an opening date of April 3, 2014; and WHEREAS, a pre-proposal conference was held on March 13, 2014; and WHEREAS, the City received eight (8) proposals; and WHEREAS, on June 17, 2014, the City Manager via Letter to Commission (LTC) No. 204-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: • Xavier Falcon', Traffic Planner, Transportation Department, City of Miami Beach • Saul Frances, Director, Parking Department, City of Miami Beach. • Josiel Ferrer Diaz, Transportation Coordinator, Transportation Department, City of Miami Beach • Michael Belush, Principal Planner, Planning Department, City of Miami Beach • Scott Diffenderfer, Resident and member of the City's Transportation and Parking Committee ("TPC") The-following individuals were appointed as alternates: • Jose Gonzalez, Director, Transportation Department, City of Miami Beach • Carmen Sanchez, Deputy Director, Planning Department, City of Miami Beach • Seth Wasserman, Resident and member of the City's Transportation and Parking Committee ("TPC") WHEREAS, the Committee convened on June 25, 2014 to consider proposals received; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information on the scope of services, references, and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the Committee's ranking was as follows: Florida Transportation Engineering, Inc., top ranked; Atkins North America, Inc., second highest ranked; The Corradino —- - Group, Inc., third highest ranked; Marlin Engineering, fourth highest ranked; A&P Consulting - Transportation Engineers, Corp., fifth highest ranked; McMahon Transportation Engineers & Planners; sixth highest ranked; CH Perez & Associates Consulting Engineers, Inc., seventh highest ranked; Miller Legg, eight highest ranked; and WHEREAS, after reviewing all the submissions and the Evaluation Committee's and rankings, the City Manager exercised his due diligence and is recommending that the Administration be authorized to enter into negotiations with the top-ranked firm, Florida Transportation Engineering, Inc., who shall serve as the primary consultant per the RFQ and the second-ranked firm, Atkins North America, Inc., who shall serve as the secondary consultant per the RFQ; and • NOW, THEREFORE, •BE IT DULY RESOLVED BY THE MAYOR AND CITY - • COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2014-116-SR (the RFQ), for Traffic Engineering Consulting Services; authorize the Administration to enter into negotiations with Florida Transportation Engineering, Inc, as the primary consultant per the RFQ and the second- highest ranked proposer, Atkins North America, Inc, as the secondary consultant per the RFQ; and further authorize the City Manager to execute an Agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this 23 day of J • / 2014. . ,;,./- ATTEST: ' -/ afael E. Granado, City Clerk ir e, ► r or '''‘\1\a t:-Jr-':—Nt , I INCA p ORATED * Z /1 /1 '` TO ` -3 ,.. ......... '\ ,:.1 APPROVED AS f- 'r` �` <-7 FORM &LANGUAGE \�y� '' G�-_ FOR EXECUTION a,L,04r1-1.... `._11\n/Lk City Attorney Date COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-116-SR (THE RFQ), FOR TRAFFIC ENGINEERING CONSULTING SERVICES. Key Intended Outcome Supported: Commission A Comprehensive Mobility Plan Which Gives Priority Recommendations(From Non-Vehicular To Vehicular And Including Parking) Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: On February 12,2014, the City Commission approved to issue the subject Request for Qualifications(RFQ). On March 4,2014, the RFQ was issued with an opening date of April 3,2014.A pre-proposal conference to provide information to the proposers submitting a response was held on March 13,2014.The City received a total of eight(8) proposals. On June 17,2014,the City Manager via Letter to Commission(LTC)No.204-2014,appointed an Evaluation Committee(the"Committee"). The Committee convened on June 25,2014 to consider proposals received The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ.The results of the evaluation committee process were presented to the City Manager for his recommendation to the City Commission. RECOMMENDATION After reviewing the submissions and the Evaluation Committee's rankings of proposals received, the City Manager recommends that the Mayor and the City Commission, pursuant to Request for Qualifications (RFQ)No. 2014-116-SR,for Traffic Engineering Consulting Services,authorize the Administration to enter into negotiations with the top-ranked proposer, Florida Transportation Engineering, Inc., as the primary consultant, and the second-ranked proposer,Atkins North America, Inc., as the secondary consultant; and further authorize the City Manager to execute an Agreement upon conclusion of successful negotiations by the Administration. ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 N/A For Fiscal Year 2013-2014, applicants are paying in advance for the exact cost(quoted by approved vendors) of the study, and the funds are received and deposited in Trust A/C#601-7000- 229067 2 $120,000 For Fiscal Year 2014-2015,funds have been requested in the 2015 Budget submittal for the Planning Department. The account code is 011-0520-000312. $120,000 is budgeted for Traffic. OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Si•n-Offs: _ �� epa. ! 1111111110r4i teP , . � irector .. ;i` i '.. V - W// KGB fir ► 'T �� T:IAGEN i' 01., urement\RFQ-2014-1 •-S Traffic En! eering Cons. rng Services-Summa ;•• AGENDA ITEM G 7� MIAMIBEACH ATE ,.-aq--/y C.! MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of he City Co mission FROM: Jimmy L. Morales, City Manager 1 DATE: July 23, 2014 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-116-SR (THE RFQ), FOR TRAFFIC ENGINEERING CONSULTING SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Commission A Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-Vehicular To Vehicular And Including Parking) FUNDING For Fiscal Year 2013-2014, applicants are paying in advance for the exact cost (quoted by approved vendors) of the study, and the funds are received and deposited in Trust NC#601- 7000-229067. There is no budgeted amount of FY13/14, a quote is obtained for each study, funds are received in advance from the applicant and once funds clear, a requisition is entered for a Purchase Order to be issued. For Fiscal Year 2014-2015, funds have been requested in the 2015 Budget submittal for the Planning Department. The account code is 011-0520-000312. $120,000 is budgeted for Traffic. BACKGROUND, As a service to the residents of the City, the Planning Department provides peer review • services for traffic engineering consulting services. Through this Request for Qualifications, the City is seeking proposals and statements of qualifications from parties interested in providing the City with Traffic Engineering Consulting Services as detailed in RFQ 2014-116-SR. It is the intent of the City to select primary and secondary consultants to perform the requested services at fixed rates to be negotiated after an award recommendation has been approved by the Commission. However, the City reserves the right to select additional providers if it is deemed to be in the best interest of the City. In no way do the contracts resulting from this Solicitation serve as a guarantee of future work. Contracts shall be executed with a Primary Contractor and a Secondary Contractor. The User Department shall issue a work order request to the Primary Contractor. The Primary Contractor shall respond within twenty-four (24) hours or one (1) business day to requests issued by the City as part of this contract to indicate availability to proceed with the assignment, including providing a scope of work. If the Primary Contractor fails to perform the Commission Memorandum—RFQ#2014-116-SR Traffic Engineering Consulting Services July 23, 2014 Page 2 • work for any reason, the City may have the option of a Secondary Contractor to perform the work. Neither Contractor may decline services more than three (3) times. Repercussions for denial of work may include up to contract termination at the City's sole discretion. RFP PROCESS On February 12, 2014, the City Commission approved to issue the subject Request for Qualifications (RFQ). On March 4, 2014, the RFQ was issued with an opening date of April 3, 2014. A pre-proposal conference to provide information to the proposers submitting a response was held on March 13, 2014. The City received proposals from the following firms: • Florida Transportation Engineering, Inc. • Atkins North America, Inc. • The Corradino Group, Inc. • Marlin Engineering 9 9 • A&P Consulting Transportation Engineers, Corp. • McMahon Transportation Engineers & Planners • CH Perez &Associates Consulting Engineers, Inc. • Miller Legg On June 17, 2014, the City Manager via Letter to Commission (LTC) No. 204-2014,appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Xavier Falconi, Traffic Planner, Transportation Department, City of Miami Beach • Saul Frances, Director, Parking Department, City of Miami Beach • Josiel Ferrer Diaz, Transportation Coordinator, Transportation Department, City of Miami Beach • Michael Belush, Principal Planner, Planning Department, City of Miami,Beach • Scott Diffenderfer, Resident and member of the City's Transportation and Parking , Y P Committee ("TPC") The following individuals were appointed as alternates: • Jose Gonzalez, Director, Transportation Department, City of Miami Beach • Carmen Sanchez, Deputy Director, Planning Department, City of Miami Beach • Seth Wasserman, Resident and member of the City's Transportation and Parking Committee ("TPC") The Committee convened on June 25, 2014 to consider proposals received,.The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. 1 Commission Memorandum—RFQ#2014-116-SR Traffic Engineering Consulting Services July 23, 2014 Page 3 The evaluation process resulted in the following ranking of proposers: RFQ#2014.116SR Traffic Engineering Consulting Services Xavier Scott Seth N6chael 1 LOW AGGREGATE Falconi Ranting Saul Frances Ranking Diffenderfer Ranking Wasserman Ranking Belush , Ranking TOTALS RANK Florida Transportalion i Engineering,Inc. . 100 1 98 1 90 2 100 1 i 85 2 7 1 I l Atkins North America,Inc. 98 2 94 2 95 1 95 2 90 1 8 2 The Corradno Group,Inc. 96 3 90 3 90 2 90 3 80 3 14 3 Marlin Engineering 79 4 80 4 50 6 85 4 75 4 22 4 ASP Consulting Transportation Engineers,Corp. 70 8 76 5 60 4 80 5 70 5 , 27 5 McMahon Transportation Engineers&Planners 78 5 68 7 60 4 75 6 65 6 28 6 CH Perez&Associates Consulting Engineers,Inc. 73 6 72 6 50 6 65 8 60 7 I 33 7 Miller Legg l 71 7 I 64 8 40 8 70 1 55 8 I 38 8 MANAGER'S DUE DILIGENCE & RECOMMENDATION ' After reviewing the submissions and the Evaluation Committee's rankings of proposals received, the City Manager recommends that the Mayor and the City Commission, pursuant to Request for Qualifications (RFQ) No. 2014-116-SR, for Traffic Engineering Consulting Services, authorize the Administration to enter into negotiations with the top-ranked proposer, Florida Transportation Engineering, Inc., as the primary consultant, and the second-ranked proposer, Atkins North America, Inc., as the secondary consultant; and further authorize the City Manager to execute an Agreement upon conclusion of successful negotiations by the Administration. CONCLUSION The Administration recommends that the Mayor and the City Commission, pursuant to Request for Qualifications (RFQ) No. 2014-116-SR, for Traffic Engineering Consulting Services, authorize the Administration to enter into negotiations with the top-ranked proposer, Florida Transportation Engineering, Inc., as the primary consultant, and the second-ranked proposer, Atkins North America, Inc., as the secondary consultant; and further authorize the City Manager to execute Agreements upon conclusion of successful negotiations by the Adminis ratio . JLM/ T/K /TM/JG/AD/YG T:\AGENDA\20141July\Procurement\RFQ-2014-116-SR Traffic Engineering Consulting Services-Memo.doc ATTACHMENT B Request for Qualifications (RFQ) 2014-116-SR 40 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 2 REQUEST FOR QUALIFICATIONS NO. 2014-116-SR FOR TRAFFIC ENGINEERING CONSULTING SERVICES (the RFQ) April 1, 2014 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. 1. DELETE: Delete Section 0300—Tab 3 and Tab 4 in its entirety. i detailed information addressing how proposer will achieve each of the scope of services and Submit atlon add g p pa pc�+ala p technical requirements outlined in Appendix C, Minimu•• '-:-' ••••• -•: -e•-..- .e• :e• - • :- '• • -- •: '• ••-• •• • ow--the `- information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, 2. Insert: Insert new Section 0300—Tab 3 modified as follows. TA '3..... = Scope of Services Proposed Submit detailed information addressing how proposer will achieve each portion of the scope of services and technical requirements outlined in Appendix C, Minimum Requirements and Specifications. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a fully review and score the proposed scope of services. Proposers shall submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options, testing and risk mitigation options for assuring project is implemented on time and within budget. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(c�miamibeachfl.gov. Contact: Telephone: Email: Sandra M. Rico 305-673-7000 ext. 6230 SRico @miamibeachfl.gov RFQ No.2014-116-SR Page 1 of 2 Addendum#2 4/1/14 • Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, E I Alex D_..', P scurement Director RFQ No. 2014-116-SR Page 2 of 2 Addendum#2 4/1/14 I City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachrl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS NO. 2014-116-SR FOR TRAFFIC ENGINEERING CONSULTING SERVICES (the RFQ) March 27, 2014 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. 1. ATTACHED: Pre-Proposal Conference Sign-in Sheet 2. RESPONSES TO QUESTIONS RECEIVED: Q#1: Is Access Management a part of"Project A"? A#1: Yes. The peer reviewer should provide relevant access management comments as they apply to the project traffic study. Q#2: Does the traffic study review process, where improvements (recommendations) are proposed for the study, the Engineer (responsible for traffic study) most times does not consider possible right of way impacts and constructability/feasibility issues. Does City's reviewer handle such issues during the traffic study phase or during the design phase (after Development approval)? A#2: The traffic study peer reviewer only gets involved during the review phase of traffic studies. However, the peer reviewer should offer comments in relation to right-of- way impacts and constructability/feasibility issues if relevant as part of the review. • The City typically coordinates the responses to the peer reviewer comments with the applicant's traffic engineer. If a satisfactory response is not provided, the City • could make a recommendation to the Planning Board to include certain conditions • as part of the Planning Board order if necessary. Q#3: Project B requests for Autoturn evaluation for checking adequacy of turning radii. Does the applicant provide CAD file of the same to the City's reviewer along with the traffic study? A#3: Yes, the City would request the applicant to provide CAD files of the site plan so that the peer reviewer would use it to evaluate adequacy of turning radii. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Sandra M. Rico 305-673-7000 ext. 6230 SRico @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si er=1y, AI:x B-nis Procurement Director RFu No.2014-116-SR Addendum#1 3/26/14 ifi\ /4 I A 1/\ • T, t: , i v 1 /--\ v 1!, i [-.): ...:.tn.3/4,,,,,, I CITY OF MIAMI BEACH PRE-POPOSAL MEETING SIGN-IN SHEET DATE: March 13, 2014 RFP No.: RFQ 2014-1 16-SR TITLE: TRAFFIC ENGINEERING CONSULTING SERVICES (1*4E-C-P -1411111.,::';' E,MNI.,ADDRESS.f"---,-,''':.r.--t:,,,;:-V:-,,177-:"-?:, --i _-=:.:e:::;[::-:'.:...?,:., : - ,i-i-:ffri;•4.;',..:'',1......•.1 Sandra Rico '-' Procurement — City of Miami Beach 305-673-7000 786-394-4404 6230 t. srico@miamibeachil.gov ext. S Y Ck- tit\--b Y c a roy-Yacen'tikA) _ CD),..... 2 0 s•-.. f9/-t-073f C..L.ew\A v. Qek tAbYt- T1, C-4 lelf'kej2•'\'‘"-r-) V5'-‘1') 1 ,is-o-: 19 r I Th-s/04 no, .4-e..-. the /--azoza. <J-6&A ,-, cen) __72,8 PG-- gl`D-- g 3 ---yl-- -1 p_i_ it, ) FALLo7,,A ik-1144.41Kip,c, -ipc,. GCAi . To A+kit -i gt).5-51Li-3222 ; a(frit --(1/0k? OVI?dt7frin(AdeZ (D61601.014\ ..e4;/i2 di/l — 2aa--A5LV- 5-d --)7.) (53(-//ftegi /q(422dt7 /1V6,4,);:-..-7-,x-L _, 0-11 kir Le_ 9 •1\40kux Cci\k — i n • _ • RFQ 2014-116-SR PAGE OF "I. pr I I t pi, 1 0 1, ol 7",:::-g, it V 1\ CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET :k• j • •• •,-• 4-pj--.‘A Ah A 1. (-). 2k.'l A "..• ,* '7 " • ‘'..-a44-1Vet rtA NV,V V - • • : • ;-; AAA E, LEA8r,P NT:1 41: •14AX, ; • -• .• -:•r . :; rpck t R-entiotie15, iriuuti eff\uN___ Sc3I\ ck &3*1( C_ Cria- n I U q)17E-(4 01-1 r&-7WC• A/ 463-64 If/az RFQ 2014-1 16-SR PAGE OF ACO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 02/20/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME. Willis of New York, Inc. PHONE FAX c/o 26 Century Blvd. (A/CNOFxT). 877-945-7378 (A/c.NO). 888-467-2378 P. O. Box 305191 E-MAIL AnnRFSS. certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Greenwich Insurance Company 22322-001 INSURED INSURERB:American Guarantee & Liability Insurance 26247-001 Atkins North America, Inc. 2001 NW 107th Avenue INSURERC:Underwriter's at Lloyds 15792-001 Miami, FL 33172-2507 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:22789885 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I TR D/Y INSD WV❑ (MM/DYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y CGG740901603 4/1/2014 4/1/2015 EACH OCCURRENCE $ 1,000,000 Dp CLAIMS-MADE X OCCUR PREM oNcurence) $ 300,000 X Contractual Liability MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO-JECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y CAH740901703 4/1/2014 4/1/2015 COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR AUC924234902 4/1/2014 4/1/2015 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION CWG740901503 4/1/2014 4/1/2015 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE N N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional B080111209P14 4/1/2014 4/1/2015 $1,000,000 Each Claim & Liability-Claims Made $1,000,000 Annual Aggregate 11/11/1961 Retrodate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additonal Remarks Schedule,may be attached if more space is required) Traffic Engineering Consulting Services, RFQ Solicitation No. 2014-116-SR;Resolution No. 2014-28666 Greenwich Insurance Companies Best Rating A XV American Guarantee and Liability Insurance Company Best Rating A+ XV Underwriters at Lloyd's London AM Best Rating: A XV. Illinois Union Insurance - A+ XV Professional Liability policy written on claims-made basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Miami Beach AUTHORIZED REPRESENTATIVE Attn: City Manager's Office 041 key, 1700 Convention Center Drive Miami Beach, FL 33139 Coll:4630044 Tp1:1794401 Cert:22789885 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 33004588 LOC#: ACOREP ADDITIONAL REMARKS SCHEDULE Page_2_of _2— AGENCY NAMED INSURED Atkins North America, Inc. Willis of New York, Inc. 2001 NW 107th Avenue POLICY NUMBER Miami, FL 33172-2507 See First Page CARRIER NAIC CODE See First Page EFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE There are no Deductibles or Self-Insured Retentions on the General Liability, Automobile Liability, Workers Compensation and Umbrella coverages. Pollution Liability Policy #CPYG24882196005 Carrier: Illinois Union Insurance Company Term: 04/01/2014 to 04/01/2015 Limits: $1,000,000 Per Occurrence $1,000,000 Aggregate Retention Limit $50,000 The City of Miami Beach Florida is an Additional Insured on the General Liability, including Completed Operations (GL ONLY) and the Automobile Liability on a Primary basis, if required by contract, with respect to the operations of the insured on the above listed project. • ACORD 101 (2008/01) Col 1:4630044 Tp1:1794401 Cert:22789885 ©2008ACORDCORPORATION.Allrightsreserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CGG740901603 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations ANY PERSON OR ORGANIZATION WITH WHOM YOU VARIOUS AS REQUIRED PER WRITTEN HAVE AGREED,THROUGH WRITTEN CONTRACT, CONTRACT. AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS, TO PROVIDE ADDITIONAL INSURED COVERAGE. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or "property damage" pp y y damage" or "personal and advertising injury" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. )7ec(2, CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER:CGG740901603 COMMERCIAL GENERAL LIABILITY CG 2037 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WITH WHOM VARIOUS AS REQUIRED PER WRITTEN YOU HAVE AGREED,THROUGH WRITTEN CONTRACT. CONTRACT, AGREEMENT OR PERMIT, EXECUTED PRIOR TO THE LOSS,TO PROVIDE ADDITIONAL INSURED COVERAGE. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products- completed operations hazard". gad: CG 20 37 07 04 ©ISO Properties,Inc., 2004 Page 1 of 1 D POLICY NUMBER:CAH740901703 XIC4111007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE,Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or"property damage" otherwise covered under this Policy caused, in whole or in part, by the negligent acts or omissions of: 1. You,while using a covered"auto";or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered"auto"with your permission; Provided that: a. The written contract is in effect during the policy period of this Policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or"property damage"for which liability coverage is sought;and c. Such person or organization is an"insured"solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this Polley be increased by the contract. C. General Conditions,Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this Policy be primary. All terms, conditions, exclusions and limitations ofthis Policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. (Authorized Representative) XIC 411 1007 ©2007, XL America,Inc. Page 1 of 1 Includes copyrighted material of Insurance Office,Inc.,with its permission. POLICY NUMBER:CGG740901603 COMMERCIAL GENERAL LIABILITY CG022410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: . COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days'Notice 90 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than Policy Condition or as amended by an applicable nonpayment of premium, the number of days state cancellation endorsement, is increased to the required for notice of cancellation, as provided in number of days shown in the Schedule above. paragraph 2. of either the CANCELLATION Common CG022410 93 Copyright,Insurance Services Office, Inc.,1992 POLICY NUMBER:CAH740901703 XIC4051007 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION BY US This endorsement modifies insurance provided u.nder the following: • BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Changes In Conditions The number of days required for notice of cancellation by us for any reason other than nonpayment of premium, as provided in either paragraph 2. of the CANCELLATION Common Policy condition or as amended by an applicable state cancellation endorsement, is extended to the number of days shown in the Schedule below: SCHEDULE Number of Days' Notice:90 All other terms and conditions of this policy remain unchanged. • (Authorized Representative) XIC 405 1007 ©2007, XL America, Inc. Page 1 of 1 Includes copyrighted material of Insurance Office, Inc.,with its pennission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0110 (Ed. 1/08) THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Number of Days Notice: 90 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in PART SIX """ CONDITIONS, D. Cancelation of the Workers' Compensation and Employers' Liability Insurance Policy or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. All other terms and conditions remain the same. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective April 1, 2014 Policy No.CWG740901503 Endorsement No. Insured ATKINS US HOLDINGS INC. Insurance companyGreenwich Insurance Comp �t`�'tersigned by WC 99 0110 Ed. 1/08 ©2007 XL America,Inc. . • Willis Limited FINEX Global i CONTRACT ENDORSEMENT INSURED: WS Atkins Plc and as more fully defined in the contract PERIOD: 1 Apri12014to 31 March 2015 TYPE: Insurance of UK PI Generic Primary UNIQUE MARKET REFERENCE: B0801 1 1 209P14 ENDORSEMENT REFERENCE: 0002 EFFECTIVE DATE: 1 Apri12014 local standard time at the address of the Insured. It is hereby noted and agreed that with effect from the effective date above the following General Condition is added to the policy: "If INSURERS cancel this policy prior to its expiry date by notice to the INSURED for any reason,INSURERS will send written notice of cancellation to the persons or organizations listed in the schedule to be created and maintained by the INSURED (the "Cancellation Notice Schedule")at least 30 days prior to the cancellation date applicable to the policy. This notice will be in addition to any notice to the INSURED. The INSURED will provide an updated copy of the Cancellation Notice Schedule to Insurers on a monthly basis. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Cancellation Notice Schedule in the event of a pending cancellation of coverage. INSURERS have no legal obligation of any kind to any such person(s) or organization(s). Any failure to provide advance notice of cancellation to the person(s) or organization(s)named in the Cancellation Notice Schedule will impose no obligation or liability of any kind upon INSURERS,will not extend any policy cancellation date and will not negate any cancellation of the policy. INSURERS are not responsible for verifying any information in any Cancellation Notice Schedule, nor are INSURERS responsible for any incorrect information that the INSURED may use." All other terms and conditions remain unaltered. Willis Limited WUv1081!l Willis Internal Rei'0002