Agreement with Hazen and Sawyer, P.C DocuSign Envelope ID:0559CF80-71)04-4E8B-AC29-21D6EB693178
Contract no.22-122-01
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
HAZEN AND SAWYER, P.C.
FOR
ENGINEERING SERVICES FOR WATER AND WASTEWATER SYSTEM PROJECTS
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2022-122-ND
I10901TI0NiNQ ;2022421.75"
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DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
Contract no.22-122-01
AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
HAZEN AND SAWYER, P.C.
FOR
2/8/2023 I 2:13 EST
ENGINEERING SERVICES FOR WATER AND WASTEWATER SYSTEM PROJECTS
This Agreement made and entered into this January 18, 2023 ("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 "City"), and HAZEN AND SAWYER, P.C., a New York professional
corporation having its principal office at 498 Seventh Avenue, 11th Floor, New York, 10018
(hereinafter referred to as "Consultant").
WITNESSETH:
WHEREAS, on January 20, 2022, the Mayor and City Commission authorized the issuance
of Request for Qualifications No. 2022-122-ND for Engineering Services for Water and Wastewater
Systems Projects (the "RFQ")on an "As-Needed Basis"; and
•WHEREAS, the RFQ was intended to provide access to engineering consulting firms in
accordance with Section 287.055, Florida Consultant's Competitive Negotiation Act ("CCNA") for
future work as the need may arise; and,
•
WHEREAS, on June 22, 2022, the City Commission approved Resolution No. 2022-32175,
respectively, authorizing the City to enter into negotiations with Hazen and Sawyer, P.A. and, if
successful, execute an agreement with the Consultant pursuant to the RFQ; and
WHEREAS,the Contract Provisions for Non-Federal Entity Contracts Under Federal Awards,
attached hereto as Exhibit D1, are incorporated into this Agreement by this reference; and
WHEREAS, City and the Consultant have negotiated the following agreement pursuant to the
RFQ; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions used
in this Agreement. Additional terms may be defined in other Contract Documents. The following
terms shall have the meanings specified herein unless otherwise stated herein:
ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic
Services in this Agreement, as described in Article 5 and the Consultant Service Order, which the
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• Contract no.22-122-01
Consultant shall perform, at the City's option, and which must be duly authorized, in writing, by the
City Manager or his authorized designee, prior to commencement of same.
APPLICABLE LAWS: "Applicable Laws" means all laws, statutes, codes (including, but not limited
to, building codes), ordinances, rules, regulations, lawful orders and decrees of governmental
authorities having jurisdiction over the Project, the Project Site or the Parties.
BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant (and approved by the City) as being within the Construction Cost
Budget. "Base Bid" shall not include additive alternates or deductive alternates.
BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in
accordance with the terms of the Agreement, as described in Article 2 and the Consultant Service
Order. Any Services not specifically enumerated as Additional Services(as defined herein)shall also
be considered Basic Services.
CITY(OR OWNER): "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. In all
respects hereunder, City's obligations and performance is pursuant to City's position as the owner of
the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a
governmental body including, but not limited to, its regulatory authority for code inspections and
issuance of Building Department permits, Public Works Department permits, or other applicable
permits within its jurisdiction, the exercise of such regulatory authority and the enforcement of any
Applicable Laws shall be deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City as a Party to this Agreement.
CITY COMMISSION:"City Commission" shall mean the governing and legislative body of the City.
CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The
City Manager shall also be construed to include any duly authorized representatives designated by
the City Manager in writing, including the Project Administrator with respect to any specific matter(s)
concerning the Services and/or this Agreement(exclusive of those authorizations reserved to the City
Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over
• the Project).
CONSTRUCTION COST BUDGET: "Construction Cost Budget" shall mean the amount budgeted
and established by the City to provide for the cost of construction of the Work for the Project
("Construction Cost"), as set forth in the Consultant Service Order.
CONSTRUCTION DOCUMENTS: "Construction Documents"shall mean the final (100% completed)
plans, technical specifications, drawings, schematics, documents, and diagrams prepared by the
architect/engineer of record for the Project, setting forth in detail the requirements for the construction
of the Project. The Construction Documents shall set forth in full all details necessary to complete the
construction of the Project in accordance with the Contract Documents. Construction Documents
shall not be part of the Contract Documents, until (a) the Consultant has submitted completed
Construction Documents to the City and (b)they have been reviewed and approved by the City and
any agencies having jurisdiction in accordance with the procedures as otherwise provided by the
Contract Documents.
CONSULTANT: "Consultant" shall mean the entity named on page 1 of this Agreement that will
perform (or cause to be performed through subconsultants acceptable to the City) all Services
required under this Agreement and/or Consultant Service Order. When the term "Consultant" is used
in this Agreement it shall also be deemed to include any officers, employees, or agents of
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Consultants, and any other person or entity acting under the supervision, direction, or control of
Consultant to provide any Services or similar professional services with respect to a Project
("Subconsultants"). The Consultant shall not be replaced by any other entity, except as otherwise
permitted in this Agreement. The Subconsultants in Schedule "D", attached hereto, are hereby
approved by the City Manager for the Project.
CONSULTANT SERVICE ORDER: Consultant Service Order ("CSO") shall mean the work order
issued by the City to Consultant (in substantial form as in Schedule A attached hereto), that
specifically describes and delineates the particular Services-(Basic Services and/or Additional
Services) which will be required of Consultant for the Project that is the subject of such Consultant
Service Order, and which may include studies or study activity, and/or professional services as
defined in Section 287.055 of the Florida Statutes.
Service Order Amendments shall be approved in accordance with Contract Approval Authority
Procedure 03.02 or as amended. The City Manager reserves the right to seek the approval of the
City Commission for any such Service Order Amendment.
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,
authorizing a change in the Services, or the method and manner of performance thereof, or an
adjustment in the fee and/or completion dates.
Contract Amendments shall be approved in accordance with Contract Approval Authority Procedure
03.02 or as amended. The City Manager reserves the right to seek the approval of the City
Commission for any such Contract Amendment.
CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all
exhibits, schedules, addenda, Consultant Service Orders and written amendments issued thereto),
and all Design Documents and Construction Documents. The Contract Documents shall also include,
without limitation (together with all exhibits, schedules, addenda, and written amendments issued
thereto), the Request for Qualifications ("RFQ"), instructions to bidders, bid form, bid bond, Design
Criteria Package (if any), the Contract for Construction, surety payment and performance bonds,
Conditions of the Contract for Construction (General, Supplementary, and other Conditions),
Divisions 0-17 specifications, an approved Change Order(s), approved Construction Change
Directive(s), and/or approved written order(s) for a minor change in the Work.
CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding
agreement between City and the Consultant for performance of the Work contemplated by (or
reasonably inferable from)the Contract Documents
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. The Contractor may be a general contractor, construction manager, design-builder or
any other duly licensed construction consultant selected pursuant to any other procurement
methodology available under Florida law.
DESIGN CRITERIA PACKAGE or DCP: "Design Criteria Package" means concise, performance-
oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing
sufficient information to permit design-build firms to prepare a bid or a response to a City request for
proposal, or to permit the City to enter into a negotiated design-build contract. The Design Criteria
Package must specify performance-based criteria for the design-build Project, including the legal
description of the site, survey information concerning the site, interior space requirements, material
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quality standards, schematic layouts and conceptual design criteria of the project, cost or budget
estimates, design and construction schedules, site development requirements, provisions for utilities,
stormwater retention and disposal, and parking requirements applicable to the project.
DESIGN DOCUMENTS: "Design Documents" means all plans, drawings specifications, schematics
and all other documents which set forth in full the design of the Project and fix and describe in detail
the size, configuration and character of the Project concerning all items of the Project necessary for
the final preparation of the 100% completed, permitted Construction Documents in accordance with
the requirements of the Contract Documents including, without limitation, all architectural and
engineering elements as may be appropriate. Design Documents shall not be part of the Contract
Documents, until (a) the Consultant has submitted completed Design Documents to the City and (b)
they have been reviewed and approved by the City and agencies having jurisdiction in accordance
with the procedures as provided by the Contract Documents. However, approval by the City shall not
in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant's
obligations to ensure the Design Documents are constructible, in compliance with all Applicable Laws
and in accordance with the Contract Documents.
PROJECT: "Project" shall mean that certain City capital project described in the Consultant Service
Order.
Project Cost: "Project Cost" shall mean the estimated total cost of the Project, as
described in the CSO.
Project Scope: "Project Scope" shall mean the description of the Project, as described
in the CSO.
PROJECT ADMINISTRATOR: "Project Administrator" shall mean the individual designated by the
City Manager who shall be the City's authorized representative to issue directives and notices on
behalf of the City with respect to all matters concerning the Services of this Agreement(exclusive of
those authorizations reserved to the City Manager or City Commission under this Agreement, or to
regulatory or administrative bodies having jurisdiction over the Project).
PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the RFQ, together with all
amendments or addenda thereto (if any), which is incorporated by reference into this Agreement and
made a part hereof; provided, however, that in the event of an express conflict between any term(s)
in the Proposal Documents and this Agreement, the terms set forth in this Agreement shall prevail.
Consultant's proposal in response to the RFQ is included for reference purposes only and shall not
be incorporated as part of this Agreement, except with respect to Consultant's representations
regarding the qualifications and experience of Consultant and its key personnel, its commitment to
provide the key personnel listed therein, and its capability to perform and deliver the Services in
accordance with this Agreement and consistent with the all representations made therein.
SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and
referred to as follows:
Schedule A—Consultant Service Order
Schedule B— Hourly Rate Schedule
Schedule C— Approved Subconsultants
Schedule D— FEMA Provisions for Contracts
SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and
any Additional Services(as approved by the City), all as described in Schedule"A" hereto and further
described in the CSO.
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SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed
pursuant to or undertaken under this Agreement, including services delineated as part of the Scope
of Services.
SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction Cost
including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing,
general consultant, financing, permitting fees and other similar costs, as determined by the City, that
are not considered as direct costs for the construction of the Project.
STATEMENT OF PROBABLE CONSTRUCTION COST: "Statement of Probable Construction
Cost"shall mean the detailed estimate prepared by Consultant in Construction Standard Index("CSI")
format or other format approved by the Project Administrator, which includes the Consultant's
estimated total construction cost to the City of the Work for the Project(as established in the Contract
Documents, as they may be amended from time to time). The Statement of Probable Construction
Cost shall be in sufficient detail to identify the costs of each element of the Project and include a
breakdown of the fees, general conditions and construction contingency for the Project. Costs shall
be adjusted to the projected bid date to account for any anticipated price escalation.
WORK: "Work" shall mean all labor, materials, equipment, supplies, tools, machinery, utilities,
fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes
and government approvals, licenses, tests, quality assurance and/or quality control inspections and
related certifications, surveys, studies, and other items, work and services that are necessary or
appropriate for the total construction, installation, and functioning of the Project, together with all
additional, collateral and incidental items, and work and services required for delivery of a completed,
fully functional and functioning Project as set forth in the Contract Documents.
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, specifically described in the
Consultant Service Order and in accordance with the hourly rates in Schedule B. The Consultant
shall be qualified and properly professionally licensed professional in the State of Florida and as
otherwise required by any entities, agencies, boards, governmental authorities and/or any other
professional organizations with jurisdiction governing the professional practice area for which the
professional has been engaged by City. Further, any Subconsultant that may perform Services on
behalf of the Consultant shall be a qualified and properly professionally licensed professional in the
State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities
and/or any other professional organizations with jurisdiction governing the professional practice area
for which the subconsultant has been engaged by Consultant to perform professional services in
connection with the Project.
2.2 The Consultant shall commence the Services upon receipt of a written Consultant Service
Order signed by the City Manager or designee. Consultant shall countersign the Consultant Service
Order upon receipt and return the signed copy to the City.
to the resents
2.3 As it relates to the Services and the Project, Consultant warrants and represents City
that it is knowledgeable of and shall comply with all Applicable Laws. The Consultant agrees to
comply with all 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.
2.4 The Consultant warrants and represents to the City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in
comparable projects in South Florida. Consultant warrants and represents to the City that it is
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experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the
Services. Consultant warrants and represents to the City that it is responsible for the technical
accuracy of the Services.
2.5 The Consultant's Basic Services may consist of various tasks, including planning, design,
bidding/award, preparation of a DCP, studies, construction administration, and Additional Services
(as may be approved), all as further described in the Consultant Service Order; and shall also include
any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in
the General Conditions of the Contract for Construction.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City shall
waive or excuse Consultant's obligations under the Agreement and/or other Contract Documents and
Consultant shall remain fully liable for all work performed by Consultant including, without limitation,
any design errors or omissions (if applicable to the services performed by Consultant). 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 any subconsultants),for the accuracy and competency
of the Services, nor shall any City approval and/or decisions be deemed to be an assumption of such
responsibility by the City for a defect, error or omission in the Services. Moreover, neither the City's
inspection, review, approval or acceptance of, nor payment for, any Services required under the
Agreement shall be construed to relieve the Consultant(or any subconsultant) 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
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 to comply with the terms and conditions of the Agreement
or by the Consultant's misconduct, unlawful acts, negligent acts, errors or omissions in the
performance of the Agreement.
2.7 TIME: It is understood that time is of the essence in the completion of the 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 City and
Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall be in
effect for three (3) years ("Initial Term"), plus two (2), one (1) year renewal options, to be
exercised at the sole discretion of the City Manager (Initial Term and any renewals shall be
collectively referred to as the "Term"). Notwithstanding the preceding Term, Consultant shall
adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order,
including the time for completion of the work and/or services for such Project (as set forth in
the particular Consultant 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 Recognizing that the construction of other projects within the City may affect
scheduling of the construction for the Project, the Consultant shall diligently coordinate
performance of the Services with the City (through the Project Administrator) in order to
provide for the safe, expeditious, economical and efficient completion of the Project, without
negatively impacting concurrent work by others.
2.7.4 The Services shall 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
delays by the City (or authorities having jurisdiction over the Project) in reviewing and
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approving 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 Administrator 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 Administrator may
require), the Project Administrator 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 Administrator's approval (if granted)shall be in writing.
2.8 Consultant shall use reasonable efforts to maintain a constructive, professional, cooperative
working relationship with the Project Administrator, Consultant, and any and all other individuals
and/or firms that have been contracted, or otherwise retained, to perform work on the 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.
2.10 The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all Services required under the Agreement and under the Consultant
Service Order(including the services performed by subconsultants), 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 such Services in the State of Florida. The Consultant is responsible
for and shall represent to City that the Services conform to the City's requirements, the Contract
Documents and all Applicable Laws. The Consultant shall be and remain liable to the City for all
damages to the City 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.The Consultant shall also be liable for the replacement or repair of any defective materials
and equipment and for the cost of the re-performance of any non-conforming construction work
resulting from such deficient Services for a period beginning on the Effective Date of this Agreement
and ending twelve (12) months following final acceptance of the Work. The Project Administrator
shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of
the corrections.
2.11 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, Consultants, 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 relating to
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. 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.
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2.11.1 The Consultant acknowledges that a performance evaluation of the Services rendered
throughout this Agreement will be completed by the City and kept in the City's files for
evaluation of future solicitations.
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 the Project Administrator. Replacement
(including reassignment)of an approved Project Manager shall not be made without the prior written
approval of the City Manager or his or her designee (i.e. the Project Administrator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from
the City Manager or the Project Administrator(which notice shall state the cause therefore),
to promptly remove and replace a Project Manager, or any other personnel employed or
• otherwise retained by Consultant for the Project ( including, without limitation, any
subconsultants).
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 the Project Administrator, 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 subconsultants to comply with this subsection.
2.15 The City and Consultant acknowledge that the Services, as described in the Agreement and
the Consultant Service Order, 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, then Consultant shall promptly notify the Project
Administrator, in writing, and shall obtain the Project Administrator'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 Administrator, 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 the Scope of Services). Mere notice by Consultant to the Project
Administrator shall not constitute authorization or approval by the City to perform such work.
Performance of any such work and/or services by Consultant without the prior written consent of the
Project Administrator 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.
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2.17 THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY
WAY THE CONSULTANT'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT
DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE
CONSULTANT SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE
CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF
CONSULTANT'S OBLIGATIONS, A WAIVER OF CONSULTANT'S OBLIGATIONS AND/OR
EXCUSE ANY BREACH BY CONSULTANT OF ITS OBLIGATIONS UNDER THE CONTRACT
DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONSULTANT'S
OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM DECLARING CONSULTANT IN
DEFAULT FOR CONSULTANT'S FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT
LIMIT, IN ANY WAY, THE CITY'S RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE
CONSULTANT EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS
DEFENSE TO ANY CLAIM, ACTION, SUIT AND/OR OTHER PROCEEDING OF A SIMILAR
NATURE, THE CITY'S PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE
PERFORMANCE OF CONSULTANT'S OBLIGATIONS. THIS SHALL INCLUDE, WITHOUT
LIMITATION, ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH
• UTILITIES, OR OTHER MATTERS RELATED TO THE PROJECT. IN THE EVENT OF ANY
CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION OF THIS AGREEMENT
OR OTHER CONTRACT DOCUMENTS, THIS SECTION SHALL GOVERN.
2.18 GREEN BUILDING STANDARDS: If applicable, the Consultant shall comply with the
requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may
be amended from time to time, addressing applicable Leadership in Energy and Environmental
Design (LEED)compliance requirements.
2.19 SUBCONSULTANTS: All services provided by subconsultants shall be consistent with those
commitments made by the Consultant in its Proposal and during the competitive solicitation selection
process and interview, as indicated in Schedule C. Such services shall be undertaken and performed
pursuant to appropriate written agreements between the Consultant and the subconsultants, which
shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing
contained in this Agreement shall create any contractual relationship between the City and the
subconsultants.
The Consultant shall not retain, add, or replace any subconsultant without the prior written approval
of the City Manager or designee, in response to a written request from the Consultant stating the
reasons for any proposed substitution. The Consultant shall cause the names of subconsultants
responsible for significant portions of the Services to be inserted on the plans and specifications.
The Consultant shall 'be ultimately responsible for ensuring the Consultant's and all of its
subconsultants' compliance with the requirements of this Section and any other provision of the
Agreement and/or Consultant Service Order. With respect to the performance of work by
subconsultants, the Consultant shall, in approving and accepting such work, ensure, within the
standard of professional skill and care required by this Agreement, the professional quality,
completeness, and coordination of the subconsultant's work.
The Consultant shall, upon the request of the City, submit to the City such documentation and
information as the City reasonably requests to evidence the creation, standing, ownership and
professional licensure of the Consultant (and subconsultants), including organizational documents,
operating agreements and professional licensure documentation, and copies of the Consultants
contracts with the subconsultant with respect to the Project. However, the City's failure to request
such documentation or evidence and/or failure to enforce in any way the terms and provisions of this
Section, the Agreement and/or any other Consultant Service Order during the Project does not
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excuse, waive and/or condone in any way any noncompliance of the requirements set forth therein
including,without limitation,the professional licensure requirements. Any approval of a subconsultant
by the City shall in no way shift from the Consultant to City the responsibility for the quality and
acceptability of the services performed by the subconsultant. Payment of subconsultants shall be the
sole responsibility of the Consultant and shall not be cause for any increase in compensation to the
Consultant for payment of the Services.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Project Administrator, who shall be the City's authorized
representative to act on City's behalf with respect to the City's responsibilities or matters requiring
City's approval under the Contract Documents. The Project Administrator shall be authorized to
transmit instructions, receive information, interpret and define City policies and decisions with respect
to the Services and the Project and to act on the City's behalf in respect of such other matters as the
City Manager may specify. The Project Administrator shall have full authority to require the
Consultant to comply with the Contract Documents, provided, however, that any failure of the Project
Administrator to identify any noncompliance, or to specifically direct or require compliance, shall in
no way constitute a waiver of, or excuse, the Consultant's obligation to comply with the requirements
of the Contract Documents.
3.2 The City shall make available to Consultant, for the convenience of the Consultant only,
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 and assumes no responsibility whatsoever with respect to, the sufficiency,
completeness or accuracy of such information. The Consultant 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 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 subconsultants or vendors).
3.4 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 Manager,through the Project Administrator, shall
give prompt written notice thereof to the Consultant.
3.5 The City Manager, 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.
3.6 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:
3.6.1 The City Commission shall be the body to consider, comment upon, or approve any
assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be
defined to also include sale of the majority of the stock of a corporate consultant.
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3.6.2 Contract Amendments shall be approved in accordance with Contract Approval
Authority Procedure 03.02 or as amended.
3.7 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.
3.7.1 The City Manager shall have prior review and approval of the Project Manager (and
any replacements)and of any subconsultants (and any replacements).
3.7.2 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.
3.7.3 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 discretion.
3.7.4 Contract Amendments shall be approved in accordance with Contract Approval
Authority Procedure 03.02 or as amended.
3.7.5 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.
3.7.6 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).
3.8 The City's review, evaluation, or comment as to any documents prepared by or on behalf of
the.Consultant shall be solely for the purpose of the City's determining for its own satisfaction the
suitability of the Project(or portions thereof), as detailed in such documents for the purposes intended
therefor by the City, and may not be relied upon in any way by the Consultant or any other third party
as a substantive review thereof.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City shall establish a Construction Cost Budget for the Project, as set forth in the
Consultant Service Order based upon existing market conditions and assumptions contained therein
("Consultant Service Order Market Assumptions"). Consultant shall design the Project so that the
Construction Cost Budget for the Project is not exceeded based upon the Consultant Service Order
Market Assumptions. As part of the Basic Services, Consultant shall design and/or re-design the
Project to the Construction Cost Budget in accordance with this Article 4, making all revisions
necessary to maintain the Construction Cost Budget. Consultant shall attend meetings with the City
to review and discuss cost estimates, cost-saving alternatives, and implementation or revision of the
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Design Documents and Construction Documents to address such items, as may be necessary to
meet the established budget parameters set forth in the Construction Cost Budget.
4.2. Consultant shall provide and/or update the Statement of Probable Construction Cost at each
stage of completion of the Design Documents and at completion of the Construction Documents,
unless otherwise specified in a written directive of the Project Administrator.
4.2.1. At completion of the conceptual design (at such stage of completion of the Design
Documents as may be specified by the Project Administrator), Consultant shall provide the
City a Statement of Probable Construction Cost, which must include an estimated
Construction Cost for the Project within a range of plus or minus fifteen percent (+/-15%) of
the Construction Cost Budget. If at the foregoing stage of design,the Consultant's Statement
of Probable Construction Cost exceeds the City's Construction Cost Budget by more than
fifteen percent (15%), based upon the Consultant Service Order Market Assumptions, then
the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then
identify the cause(s) for the difference and recommend in writing for the City's approval any
modification in the Design Documents necessary to conform to the Consultant's estimated
total costs in the Statement of Probable Construction Cost to within fifteen percent (15%) of
the City's Construction Cost Budget. Upon obtaining City's approval of any proposed
modifications, Consultant shall incorporate such modifications within the Design Documents
as part of the Basic Services and at no additional cost to the City.
4.2.2. At the 30% and 60% completion of the Design Documents, Consultant shall update its
Statement of Probable Construction Cost,which must include an estimated Construction Cost
for the Project within a range of plus or minus ten percent(+/-10%)of the Construction.Cost
Budget. If at the foregoing stages of design, the Consultant's Statement of Probable
Construction Cost exceeds the City's Construction Cost Budget by more than ten percent
(10%), based upon the Consultant Service Order Market Assumptions, the Project
Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the
cause(s)for the difference and recommend in writing for the City's approval any modification
in the Design Documents necessary to conform to the Consultant's estimated total costs in
the Statement of Probable Construction Cost to within ten percent (10%) of the City's
Construction Cost Budget. Upon obtaining City's approval of any proposed modifications,
• Consultant shall incorporate such modifications within the Design Documents as part of the
Basic Services and at no additional cost to the City.
4.2.3. At the 90% stage completion of the Design Documents and at completion of the
Construction Documents, Consultant shall update its Statement of Probable Construction
Cost,which must include an estimated Construction Cost for the Project within a range of plus
or minus five percent (+/-5%) of the Construction Cost Budget. If at the foregoing stages of
design, the Consultant's Statement of Probable Construction Cost exceeds the City's
Construction Cost Budget by more than five percent(5%), based upon the Consultant Service
Order Market Assumptions, the Project Administrator shall provide notice thereof to the
Consultant. Consultant shall then identify the cause(s) for the difference and recommend in
writing for the City's approval any modification in the Design Documents necessary to conform
to the Consultant's estimated total costs in the Statement of Probable Construction Cost to
within five percent (5%) of the City's Construction Cost Budget. Upon obtaining the City's
approval, Consultant shall promptly modify the Design Documents or Construction
Documents within the time period specified by the Project Administrator(which time period for
completion shall not exceed ninety(90)days from the date Consultant is notified to re-design),
as part of the Basic Services and at no additional cost to the City.
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4.2.4. To ensure that the Construction Cost shall not exceed the City's Construction Cost
Budget, each Statement of Probable Construction Cost shall be in sufficient detail to identify
the costs of each element and include a breakdown of the fees, general conditions and a
reasonable and appropriate construction contingency.
4.3. Consultant shall certify and warrant to the City that the Statement of Probable
Construction Cost and any update thereto, represents Consultant's reasonable judgment of
the Construction Cost for the Project as an experienced design professional familiar with the
construction industry, provided, however, that Consultant cannot (and does not) guarantee
that bids or negotiated prices will not vary from any estimates of Construction Cost or other
cost evaluation(s) prepared (or otherwise provided) by Consultant.
4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of
Probable Cost by more than ten percent (10%), based upon the Consultant Service Order
Market Assumptions, the Project Administrator shall provide notice thereof to the Consultant,
and the Consultant shall re-design the Project within the Project Scope, construction
schedule, sequence of Work, or such other action, as deemed necessary, to reduce the
Statement of Probable Construction Cost,and Consultant shall provide any required revisions
to the Contract Documents (including, without limitation, the Construction Documents)within
the time period specified by the Project Administrator (which time period for completion shall
not exceed ninety (90) days from the date Consultant is notified to re-design), and shall
provide re-bidding services, as many times as may be reasonably requested by the City, as
part of the Basic Services and at no additional cost to the City, in order to bring any
resulting, responsive and responsible bids within ten percent (10%) of the Consultant's final
updated Statement of Probable Cost.
4.5. The Construction Cost Budget shall not be exceeded without fully justifiable,
extraordinary, and unforeseen circumstances (such as Force Majeure)which are beyond the
control of the parties. Any expenditure above this amount shall be subject to prior City
Commission approval which, if granted at all, shall be at the sole and reasonable discretion
of the City Commission. The City Commission shall have no obligation to approve an
increase in the Construction Cost Budget and, if such Construction Cost Budget is exceeded,
the City Commission may, at its sole and absolute discretion, terminate this Agreement(and
the remaining Services)without any further liability to the City.
4.6. The City Commission may, at its sole and absolute discretion, and without relieving
Consultant of its obligations under this Agreement to design the Project to the Construction
Cost Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the
following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids,
and (at its option) authorize rebidding of the Project; (3)abandon the Project and terminate
the remaining Services without any further liability to the City; (4) select as many deductive
alternatives as may be necessary to bring the lowest and best bid within the Construction Cost
Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written
authorization by the Project Administrator (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; a lump sum to be negotiated at the time of the request
for additional services or a fee (in accordance with the rates in Schedule "B" hereto), with a "Not to
Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended
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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
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
Administrator.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 include the following:
5.2.1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing
facilities, and surveys or inventories in connection with construction performed by City.
5.2.2. Unforeseen Conditions. Providing additional work relative to the Project which arises
from subsequent circumstances and causes which could not reasonably have been foreseen
at the time of execution of this Agreement(excluding conditions determined by all prior studies
available to Consultant and excluding circumstances and causes resulting from error,
omission, inadvertence, or negligence of Consultant).
5.2.3. City-Requested Revisions to Construction Documents: Making revisions to
Construction Documents resulting in or from City-requested changes in Scope of Work
involving new program elements, when such revisions are inconsistent with written approvals
or instructions previously given by City and/or are due to causes beyond the control of
Consultant.
5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or
subpoena to appear and give testimony, preparing to serve or serving as an expert witness in
connection with any state or federal court action to which the Consultant is not a party in its
own name, that is not instituted by the Consultant or in which the performance of the
Consultant is not in issue.
5.2.5 Procurement: Assistance in connection with bid protests, re-bidding,.or re-negotiating
contracts (except for Contract Document revisions and re-bidding services required under
Section 4.4 hereof, which shall be provided at no additional cost to City).
5.2.6. Models: Preparing professional perspectives, models or renderings in addition to
those provided for in this Agreement except insofar as these are otherwise useful or necessary
to the Consultant in the provision of Basic Services.
5.2.7. Threshold Inspection/Material Testing and Inspection: Providing threshold inspection
services and material testing/special inspection services, provided that Consultant, as part of
the Basic Services, shall report on the progress the Work, including any defects and
deficiencies that may be observed in the Work.
• 5.2.8 Pre-Design Surveys & Testing: Environmental investigations and site evaluations,
provided, however, that surveys of the existing structure required to complete as-built
documentation are not additional services.
5.2.9 Geotechnical engineering. Providing geotechnical engineering services or site
surveys.
5.3 Additional services may be requested by the City using a Consultant Service Order (CSO).
For each proposed Consultant Service Order, Consultant shall provide the City with a cost proposal
on a lump sum or not-to-exceed basis, based on the fee schedule set forth in Schedule "B" hereto.
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Consultant Service Order shall be executed in accordance with Contract Approval Authority
Procedure 03.02 or as amended. Any CSO not executed in accordance herewith shall be null and
void.
Except as specified herein, services that are required for completion of the Construction Documents
shall be part of Consultant's Basic Services.
Reimbursable Expenses shall be authorized and approved in accordance with Article 6 hereto.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses must be authorized, in advance, in writing, by the Project
Administrator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project
Administrator(along with any supporting receipts and other back-up material requested by the Project
Administrator). 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."
Reimbursable Expenses may include, but not be limited to, the following:
• 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 subconsultants, and courier, postage and handling costs
between the Consultant and its subconsultants).
• Costs for reproduction and preparation of graphics for community workshops.
• Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over
the Project(i.e. City permit fees).
6.2 Reimbursable expenses are an allowance set aside by the City and shall only include
actual expenditures made by the Consultant in the interest of the Project, provided such expenses
are authorized in advance by the City Manager in a CSO. The reimbursable expenses allowance, as
specified herein, belongs to, and shall be controlled by the City(i.e. unused portions will be retained
by the City and shall not be paid to Consultant). Only approved travel-related expenses authorized
by a CSO will be reimbursed to the Consultant in an amount not-to-exceed the agreed upon amount
reflected on the corresponding CSO and in accordance with the City-wide Procedure OD. 20.01
(Travel on Business)as may be updated by the City from time to time.
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Lump Sum" or "Not to Exceed" fee for provision of the Services, or portions
thereof, as may be set forth and described in the Consultant Service Order attached hereto as
Schedule "A", issued for a particular Project, shall be negotiated between the City and Consultant,
and shall be set forth in the Consultant Service Order and in accordance with Schedule "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 Administrator. Payments shall be made in proportion
to the Services satisfactorily performed, so that the payments for Services never exceed the progress
percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No
mark-up shall be allowed on subcontracted work. In addition to the invoice, the Consultant shall, for
Hourly Rate authorizations, submit a progress report giving the percentage of completion of the
Project and the total estimated fee to completion.
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7.3 Approved Additional Services shall be compensated in accordance with the hourly billing rates
set forth in Schedule "B," attached hereto. Any request for payment of Additional Services shall be
included with a Consultant payment 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, up to the
"Not to Exceed" Reimbursable allowance amount set forth in Consultant Service Order (as
applicable). 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: The initial hourly rates set forth in Schedule B shall remain constant for the
Initial Term of the agreement. Ninety(90)days prior to expiration of the Initial Term,the City Manager
may consider an adjustment to the preceding year's unit costs for the subsequent year. Any such
adjustments, if any, shall be based on a corresponding increase in the Consumer Price Index for All
Urban Consumers; U.S. City average(1982-84=100), as established by the United States Bureau of
Labor Statistics("CPI"), or material adjustments to the scope or requirements of the RFQ by the City,
including (but not limited to) living wage increases, provided, however, that in no event shall any
annual increase exceed the Consumer Price Index for All Urban Consumers. In the event that the
City Manager determines that the requested increase is unsubstantiated, the Consultant agrees to
perform all duties at the current cost terms.
7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld
by the City on payments to Consultant.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Administrator 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;the total hours of work performed by employee category;
and the respective hourly billing rate associated therewith. 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
Administrator for the requested Additional Service(s)or Reimbursable Expense(s) shall accompany
the invoice.
Invoices shall be submitted to the City at the following address:
Accounts Payable: pavables(a�miamibeachfl.gov
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).
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 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. 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 subconsultants to the requirements of this Article and ensure
compliance therewith.
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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 its
native electronic form, 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 Administrator in their native electronic form, as required
in the Consultant Service Order 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
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 subconsultants 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).
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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
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
Administrator 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 Administrator 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
Administrator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all
Project documents (for delivery to the Project Administrator).
ARTICLE 11. INSURANCE
11. INSURANCE REQUIREMENTS: The vendor shall maintain the below required insurance in
effect prior to awarding the contract and for the duration of the contract. The maintenance of proper
insurance coverage is a material element of the contract and failure to maintain or renew coverage
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may be treated as a material breach of the contract, which could result in withholding of payments or
termination of the contract.
11.1 The maintenance of proper insurance coverage is a material element of the Agreement and
failure to maintain or renew coverage may be treated as a material breach of the Agreement, which
could result in withholding of payments or termination of the Agreement.
11.1.1 Workers' Compensation Insurance for all employees of the Contractor as required by
Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than
$1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from
this Statute, the Contractor and each employee shall hold the City harmless from any injury
incurred during performance of the Contract. The exempt contractor shall also submit (i) a
written statement detailing the number of employees and that they are not required to carry
Workers' Compensation insurance and do not anticipate hiring any additional employees
during the term of this contract or(ii)a copy of a Certificate of Exemption.
11.1.2 Commercial General Liability Insurance on an occurrence basis, including products
and completed operations, property damage, bodily injury and personal & advertising injury
with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate.
11.1.3 Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles, then coverage for hired and non-owned automobiles, with limit no less than
$1,000,000 combined per accident for bodily injury and property damage.
11.1.4 Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's
profession, with limit no less than $2,000,000.
11.2 Additional Insured-City of Miami Beach must be included by endorsement as an additional
insured with respect to all liability policies (except Professional Liability and Workers' Compensation)
arising out of work or operations performed on behalf of the Consultant including materials, parts, or
equipment furnished in connection with such work or operations and automobiles owned, leased,
hired or borrowed in the form of an endorsement to the Consultant's insurance.
11.3 Notice of Cancellation - Each insurance policy required above shall provide that coverage
shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance
Compliance Services.
11.4 Waiver of Subrogation - Consultant agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However, this provision
applies regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
11.5 Acceptability of Insurers - Insurance must be placed with insurers with a current A.M. Best
rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance
Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized
-to do insurance business in the State of Florida.
11.6 Verification of Coverage - Consultant shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this contract. All certificates and endorsements are to be received and approved by the
City before work commences. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements, required
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by these specifications, at any time.
CERTIFICATE HOLDER ON ALL COI MUST READ:
CITY OF MIAMI BEACH
do EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent,
EXIGIS, at:
Certificates-miamibeach(a�riskworks.com
11.7 Special Risks or Circumstances - The City of Miami Beach reserves the right to modify
these requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
12.1 To the fullest extent permitted by 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.
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 Consultant,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 subconsultants and/or any registered professionals
(architects and/or engineers) under this Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes
categorized by the City as caused by an error, an omission, or any combination thereof in the
Consultant's performance of the Services will constitute an additional cost to the City that would not
have been incurred without the error. The damages to the City for errors, omissions or any
combinations thereof shall be calculated as the total cost of any damages or incremental costs to the
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City resulting out of the errors or omissions by the Consultant, including, without limitation, the direct,
indirect and/or consequential damages resulting from the Consultant's errors and/or omissions or any
combination thereof.
Damages shall include delay damages caused by the error, omission, or any combination thereof.
Should the Consultant disagree that all or part of such damages are the result of errors, omissions,
or any combination thereof, the Consultant may appeal this determination, in writing, to the Project
Administrator. The Project Administrator's decision on all claims, questions and disputes shall be
final, conclusive, and binding upon the parties hereto unless such determination is clearly arbitrary or
unreasonable. In the event that the Consultant does not agree with the decision of the Project
Administrator, the Consultant shall present any such objections, in writing, to the City Manager. The
Project Administrator and the Consultant shall abide by the decision of the City Manager. This
paragraph does not constitute a waiver of any party's right to proceed in a court of competent
jurisdiction after the above administrative remedies have been exhausted.
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 the "not to exceed" amount of the fee paid to
Consultant under this Agreement, less any amount(s) actually paid to Consultant hereunder.
Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery
from the City for any damages for action for breach of contract to be limited to Consultant's "not to
exceed" fee under this Agreement, 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 of the"not to exceed amount"of Consultant's fees
under this Agreement, 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.
SUBJECT TO CONSUTLANT'S COMPLIANCE WITH THE REQUIREMENT OF SECTION
558.0035, FLORIDA STATUTES, A DESIGN PROFESSIONAL WHO IS AN INDIVIDUSL
EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE.HELD INDIVIDUALLY LIABLE FOR
NEGLIGENCE OCCURING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL
SERVICES AGREEMENT.
ARTICLE 15. NOTICE
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
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: Alina T. Hudak, City Manager
Email: AlinaHudak(p miamibeachfl.gov
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With a copy to:
Public Works Engineering
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
•
Attn: Cristina Ortega Castineiras, PE, ENV SP
Ph: 305-673-7080 ext. 26153
Email: CristinaOrteoa(ci miamibeachfl.gov
All written notices given to the Consultant from the City shall be addressed to:
Hazen and Sawyer, P.C.
498 Seventh Avenue, 11th Floor
New York, 10018
Attn: Jayson Page, PE
Ph: 305-443-4001
Email: jpage(a�hazenandsawver.com
All notices mailed electronically to either party shall be deemed to be sufficiently transmitted.
ARTICLE 16. CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
16.1 Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
16.2 The term "public records" shall have the meaning set forth in Section 119.011(12), which
means 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.
16.3 Pursuant to Section 119.0701 of the Florida.Statutes, if the Consultant meets the definition
of"Consultant" as defined in Section 119.0701(1)(a),the Consultant shall:
a. Keep and maintain public records required by the City to perform the service;
b. Upon request from the City's custodian of public records, provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes 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, for
the duration of the contract term and following completion of the Agreement if the
Consultant does not transfer the records to the City;
d. Upon completion of the Agreement, transfer, at no cost to the City, all public records
in possession of the Consultant or keep and maintain public records required by the
City to perform the service. If the Consultant transfers all public records to the City
upon completion of the Agreement, the Consultant shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Consultant keeps and maintains public records upon completion
of the Agreement, the Consultant shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the City, upon
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request from the City's custodian of public records, in a format that is compatible with
the information technology systems of the City.
16.4 REQUEST FOR RECORDS; NONCOMPLIANCE.
16.4.1 A request to inspect or copy public records relating to the City's contract for services
must be made directly to the City. If the City does not possess the requested records, the City
shall immediately notify the Consultant of the request, and the Consultant must provide the
records to the City or allow the records to be inspected or copied within a reasonable time.
16.4.2 Consultant's failure to comply with the City's request for records shall constitute
a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate
the Agreement; (2)avail itself of the remedies set forth under the Agreement; and/or(3)avail
itself of any available remedies at law or in equity.
16.4.3 A Consultant who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
16.5 CIVIL ACTION.
16.5.1 If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award against the
Consultant the reasonable costs of enforcement, including reasonable attorneys'fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Consultant has
not complied with the request, to the City and to the Consultant.
16.5.2 A notice complies with subparagraph (16.5.1)(b) if it is sent to the City's custodian
of public records and to the Consultant at the Consultant's address listed on its contract
with the City or to the Consultant's registered agent. Such notices must be sent by
common carrier delivery service or by registered, Global Express Guaranteed, or certified
mail, with postage or shipping paid by the sender and with evidence of delivery, which
may be in an electronic format.
16.5.3 A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
16.6 IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(c�MIAM!BEACH FL.GOV
PHONE: 305-673-7411
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ARTICLE 17. INSPECTOR GENERAL AUDIT RIGHTS
17.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform reviews,
audits, inspections, and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by or on behalf
of the City.
17.2 The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records, contracts and
transactions. In addition, the Inspector General has the power to subpoena witnesses, administer
oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an
existing City project or program may include a report concerning whether the project is on time, within
budget and in conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities,.
performance and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists,
City staff and elected officials to ensure compliance with the contract documents and to detect fraud
and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its
overall annual contract expenditures to fund the activities and operations of the Office of Inspector
General.
17.3 Upon ten (10)days written notice to the Consultant, the Consultant shall make all
requested records and documents available to the Inspector General for inspection and copying. The
Inspector General is empowered to retain the services of independent private sector auditors to audit,
investigate,monitor, oversee, inspect and review operations activities, performance and procurement
process including but not limited to project design, bid specifications, (bid/proposal) submittals,
activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials
to ensure compliance with the contract documents and to detect fraud and corruption.
17.4 The Inspector General shall have the right to inspect and copy all documents and records
in the Consultant's possession, custody or control which in the Inspector General's sole judgment,
pertain to performance of the contract, including, but not limited to original estimate files, change
order estimate files,worksheets, proposals and agreements from and with successful subconsultants
and suppliers, all project-related correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates,
or dividends received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
17.5 The Consultant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance of this
Agreement,for examination, audit, or reproduction, until three(3)years after final payment under this
Agreement or for any longer period required by statute or by other clauses of this Agreement. In
addition:
a. If this Agreement is completely or partially terminated,the Consultant shall make available
records relating to the work terminated until three (3) years after any resulting final
termination settlement; and
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b. The Consultant shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals,
litigation, or claims are finally resolved.
17.6 The provisions in this section shall apply to the Consultant, its officers, agents,
employees, subconsultants and suppliers. The Consultant shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Consultant in connection with
the performance of this Agreement.
17.7 Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the City by the Consultant or third parties.
ARTICLE 18. MISCELLANEOUS PROVISIONS
18.1 VENUE AND WAIVER OF JURY TRIAL: 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, 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, 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
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 Consultant, supplier, subconsultant, 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.
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18.5 LAWS AND REGULATIONS:
18.5.1 The Consultant shall, during the Term of this Agreement, be governed by all Applicable
Laws which may have a bearing on the Services involved in the Project.
18.5.2 Project Documents. In accordance with Section 119.071 (3) (b)(2), Florida Statutes,
entitled "General exemptions from inspecting or copying public records," all building
plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and
final formats, 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 Consultant 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.
18.5.2.1 In addition to the requirements in this subsection 18.5.2, 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 subconsultants 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 subconsultants 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.
18.5.3 E-Verify
18.5.3.1 Consultant shall comply with Section 448.095, Florida Statutes,
"Employment Eligibility"("E-Verify Statute"), as may be amended from time
to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021,
Consultant shall register with and use the E-Verify system to verify the work
authorization status of all newly hired employees during the Term of the
Agreement. Additionally, Consultant shall expressly require any
subconsultant performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility of all new employees
hired by the subconsultant during the contract Term. If Consultant enters
into a contract with an approved subconsultant, the subconsultant must
provide the Consultant with an affidavit stating that the subconsultant does
not employ, contract with, or subcontract with an unauthorized
alien. Consultant shall maintain a copy of such affidavit for the duration of
the Agreement or such other extended period as may be required under
this Agreement.
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18.5.3.2 TERMINATION RIGHTS.
18.5.3.2.1 If the City has a good faith belief that Consultant has knowingly
violated Section 448.09(1), Florida Statutes, the City shall terminate this
Agreement with Consultant for cause, and the City shall thereafter have or
owe no further obligation or liability to Consultant.
18.5.3.2.2 If the City has a good faith belief that a subconsultant has
knowingly violated the foregoing Subsection 18.5.3.1 but the Consultant
otherwise complied with such subsection, the City will promptly notify the
Consultant and order the Consultant to immediately terminate the
Agreement with the subconsultant. Consultant's failure to terminate a
subconsultant shall be an event of default under this Agreement, entitling
City to terminate the Consultant's contract for cause.
18.5.3.2.3 A contract terminated . under the foregoing Subsection
18.5.3.2.1 or 18.5.3.2.2 is not in breach of contract and may not be
considered as such.
18.5.3.2.4 The City or Consultant or a subconsultant may file an
action with the Circuit or County Court to challenge a termination under
the foregoing Subsection 18.5.3.2.1 or 18.5.3.2.2 no later than 20
calendar days after the date on which the contract was terminated.
18.5.3.2.5 If the City terminates the Agreement with Consultant under the
foregoing Subsection 18.5.3.2.1 Consultant may not be awarded a public
contract for at least 1 year after the date of termination of this Agreement.
18.5.3.2.6 Consultant is liable for any additional costs incurred by the City
as a result of the termination of this Agreement under this Section 18.5.3.
18.6 FORCE MAJEURE:
18.6.1 A"Force Majeure" event is an event that(i) in fact causes a delay in the performance
of the Contractor or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to an
intentional act,error,omission,or negligence of such party, and(iv)could not have reasonably
been foreseen and prepared for by such party at any time prior to the occurrence of the event.
Subject to the foregoing criteria, Force Majeure may include events such as war, civil
insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo
restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or
tornadoes,earthquakes,or other acts of God which prevent performance. Force Majeure shall
not include technological impossibility, inclement weather, or failure to secure any of the
required permits pursuant to the Agreement.
18.6.2 If the City or Contractor's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately, upon
learning of the occurrence of the event or of the commencement of any such delay, but in any
case within fifteen (15) business days thereof, provide notice: (i)of the occurrence of event of
Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated
impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of
action such party plans to take in order to mitigate the detrimental effects of the event. The
timely delivery of the notice of the occurrence of a Force Majeure event is a condition
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precedent to allowance of any relief pursuant to this section; however, receipt of such notice
shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact
Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be
on the requesting party.
18.6.3 The City may, in its sole and absolute discretion, make amendment or equitable
adjustment in the contract terms and conditions and/or pricing to address very limited
unforeseen circumstances outside of the successful Bidder's control relating to certain supply
chain issues and extreme market volatility. The City may, but shall have no obligation to
consider or otherwise approve an adjustment,where pricing or availability of supply is affected
by extreme or unforeseen volatility in the marketplace satisfying, at a minimum, all of the
following criteria: 1) the volatility is due to causes wholly beyond the successful Bidder's
•control; 2) the volatility affects the entire marketplace or industry, not just the particular
successful Bidder's source of supply; 3) the effect on pricing or availability of supply is
substantial; and 4)the volatility so affects the successful Bidders that continued performance
of the Contract would result in an excessive or unreasonable substantial loss or financial
hardship to the Bidders, such as, for example, an event implicating insolvency or bankruptcy.
Any adjustment would require irrefutable evidence and written approval by the Director of
Purchasing Services. For the avoidance of doubt, this section does not in any way alter or
affect the allocation of risk between the City and the Bidders pursuant to the Contract, or
Bidder's assumption of all risks relating to its performance in accordance with the Contract
terms.
18.6.4 No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by Force
Majeure to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer duration
than is required. The party shall use its reasonable best efforts to continue to perform its
obligations hereunder to the extent such obligations are not affected or are only partially
affected by the Force Majeure event, and to correct or cure the event or condition excusing
performance and otherwise to remedy its inability to perform to the extent its inability to
perform is the direct result of the Force Majeure event with all reasonable dispatch.
18.7 CORRECTIONS TO CONTRACT DOCUMENTS: If applicable to the performance of
Consultant's Services, 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 subconsultants.
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.
18.8 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 subconsultants, subject to the prior written approval of the City Manager.
18.9 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
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Agreement by the Consultant.
18.10 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, subconsultants, and other purchased services, etc., as necessary to
complete said Services.
18.11 INTENT OF AGREEMENT:
18.11.1 The intent of the Agreement is for the Consultant to provide all necessary items for
the proper completion of the Services. The Consultant shall perform, as Basic Services, such
incidental work which may not be specifically referenced, as necessary to complete the
Project.
18.11.2 This Agreement is for the benefit of the parties only and it does not grant rights 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.
18.11.3 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.
18.11.4 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.
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DocuSign Envelope ID:225CF126-B28A-4619-946D-7A2C75AA7152
Contract no.22-122-01
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.
i I
FOR CITY:
Attest CITY F MIAMI BEACH:
r—DoeuSigned by:
ra faki f. ara,A,ate
R` rA" Lbffy ANADO, CITY CLERK ALINA T. HUDAK, CITY MANAGER
Date 2/8/2023 I 2:13 EST
FOR CONSULTANT:
HAZEN AND SAWYER, P.C.
Si ature
Jayson Page,.PE
Print Name
Date 1/18/2023
APPROVED AS TO
FORM&LANGUAGE
&F R EXECUTION
31 . t
1) City Attorney Dote
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
Contract no.22-122-01
SCHEDULE A
CONSULTANT SERVICE ORDER SAMPLE (CSO)
Contract# Dept.CSO# Change Order#
Consultant: Project Title:
Authority(Must select one)
City awarded continuing contract for NE services for a project whose estimated cost of construction
does not exceed$4 million.
City awarded continuing contract for the study,planning activity,or other services whose costs are
estimated not to exceed$500,000.
City awarded project-specific contracts not subject to CCNA limitations for continuing contracts.
By accepting this CSO,Consutant agrees to,provide services pursuant to the attached proposal dated and the terms.
conditions,and rates established in the above-referenced contract between the City and the Consultant.Consultant explicitly agrees that
no other terms and conditions shall apply to the work regardless of whether saki other terms and conditions are included herein or in arty
attachment to thin C5O.My deviation from the scope of work agreed to herein shall require a change order approved by the City.
Estimated calendar days to complete the work:
Total amount original CS() $
Total amount this Amendment $
Total amount all previous Amendments $
Total Amount for Engagement $
Account Code:
Approval of New Subconsultants:
If a new subconsultant is being added.City Manager approval is required.
Name Amount
For City(Name) Signature Date
Project Admin(required):
Dept Director(required):
Procurement:
ACM:
CM:Aline Hudaic
For Consultant(Name) Signature Date
Lead Project Admin:
Notes
By signing,the consultant acknowledges that this CSO is not valid and no work may commence until the City has issued a purcha
order for the CSO.The C' shall not beliablefarctk r- relatinttoan work Mat is net math tnaC -issued.urchase order_
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SHEDULE B
CONSULTANT HOURLY RATES
LABOR CATEGORY HOURLY RATE
Admin/Clerical $ 59.09
Administrator $ 100.45
Associate $ 222.17
CADD Manager $ 179.63
CADD Operator $ 135.90
CADD Technician $ 88.63
Clerk $ 94.54
Designer $ 127.63
Draftsman $ 85.09
Draftsperson $ 119.55
Engineer $ 159.24
Engineer / Assistant Engineer $ 133.54
Engineering Intern $ 105.18
Engineering Technician $ 53.18
Field Inspector $ 100.45
Inspector $ 100.45
Principal $ 280.00
Principal Designer $ 166.63
Principal Engineer $ 178.45
Project Engineer $ 194.99
Project Engineer Senior $ 219.22
Project Geotechnical Engineer $ 141.81
Project Manager $ 229.26
Project Manager Senior $ 280.00
Scientist I Assistant Scientist $ 104.00
Senior Associate $ 280.00
Senior Driller $ 76.81
Senior Engineer $ 206.81
Senior Field Coordinator $ 170.17
Senior Geotechnical Engineer $ 168.99
Senior Principal Designer $ 187.90
Senior Principal Engineer $ 203.26
Senior Principal Scientist $ 193.81
Staff Geotechnical Engieer $ 106.36
Survey Crew Member $ 73.65
Survey Designating Crew Member $ 141.28
Survey VAC Crew Member $ 159.60
Surveyor & Mapper $ 134.49
Technician $ 81.54
Vice President $ 280.00
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SCHEDULE C
APPROVED SUBCONSULTANTS
1. CES CONSULTANTS (DBE/MBE)
2. V&A CONSULTING ENGINEERS
3. THE ENGINEERING COMPANY(DBE/SBE)
4. LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES
5. LANGITUDE SURVEYORS (DBE/SBE)
6. HML PUBLIC OUTREACH
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SCHEDULE D
FEMA PROVISIONS FOR CONTRACTS
Dl. CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER
FEDERAL AWARDS
D2. BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM
D3. SUSPENSION AND DEBARMENT CERTIFICATION FORM
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EXHIBIT D1
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
The following provisions shall be applicable to all work performed pursuant to the Contract and shall
supersede any conflicting provisions contained elsewhere.
A. BREACHES AND DISPUTE RESOLUTION. For all purchases in excess of the simplified
acquisition threshold, currently $150,000, the following provisions shall apply:
(1) Disputes and Remedies - Disputes arising in the performance of this Contract which are
not resolved by the Contractor and the City's project manager or contractor manager, shall be
referred, in writing, to the authorized representative of the City Mayor for a decision. If there
is a disagreement among the parties regarding the decision of the City Mayor's representative,
then either party may submit any claim, counterclaim, dispute and other matters in question
between the City and the Contractor arising out of or relating to this Contract or its breach to
a court of competent jurisdiction within The City of Miami Beach.
(2) Performance During Dispute - Unless otherwise directed by the City, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
(3) Claims for Damages-Should either party to the Contract suffer injury or damage to person
or property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefore shall be made in
writing to such other party within a reasonable time after the first observance of such injury of
damage.
B. TERMINATION FOR CONVENIENCE.
The City, at its sole discretion, reserves the right to terminate this Contract without cause upon thirty
(30) days written notice. Upon receipt of such notice, the Contractor shall not incur any additional
costs under this Contract.The City shall be liable only for reasonable costs incurred by the Contractor
prior to notice of termination. The City shall be the sole judge of"reasonable costs."
C. DEFAULT; REMEDIES; TERMINATION FOR CAUSE
The City reserves the right to terminate this Contract, in part or in whole, or place the Contractor on
probation, or to avail itself of all other remedies available at law and equity, inclusive injunctive relief
and specific performance, in the event the Contractor fails to perform in accordance with the terms
and conditions stated herein. Following breach of the Contract by the Contractor, the City shall
provide written notice specifying the breach to the Contractor and advising the Contractor that the
breach must be cured immediately or this Agreement may be terminated by the City. The City
reserves the right to avail itself of any and all remedies available at law or at equity, including claims
for damages and injunctive relief. The City further reserves the right to suspend or debar the
Contractor in accordance with the appropriate City ordinances, resolutions and/or
administrative/implementing orders. The vendor will be notified by letter of the City's intent to
terminate if, following the initial notice of breach, the Contractor fails to timely or adequately and to
the satisfaction of the City cure said breach. In the event of termination for default, the City may
procure the required goods and/or services from any source and use any method deemed in its best
interest. All re-procurement costs shall be borne by,the terminated Contractor.
D. EQUAL EMPLOYMENT OPPORTUNITY
(1) In connection with the performance of this Contract, the Contractor shall not discriminate against
any employee or applicant for employment because of race, religion, color, sex, age, disability,
ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. The
Contractor shall take affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, religion, color, sex, age, disability,
ancestry, marital status, pregnancy, sexual orientation, veteran's status, or national origin. Such
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action shall include, but not be limited to, the following: employment, upgrading, promotion, demotion
or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeships. Contractor further agrees to
insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or
raw materials. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by MDC setting forth the provisions of this Equal
Opportunity clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
(4) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(7) In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each of Contractor's vendors and subcontractors. The Contractor will take such
action with respect to any subcontract or purchase order as the City may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
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E. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148) and COPELAND "ANTI-
KICKBACK"ACT(18 USC§40 U.S.C. 3145).The Davis-Bacon Act and the Copeland Anti-Kickback
Act only apply to the emergency Management Preparedness Grant Program, Homeland Security
Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program, and Transit Security Grant Program. They do not apply to other FEMA grant
and cooperative agreement programs, including the Public Assistance Program. Accordingly, if
applicable to this Contract:
(1)All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include
a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
a) In accordance with the statute, and if applicable, the Contractor must pay all laborers and
mechanics employed or working upon the site of the work, unconditionally and not less often
than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor pursuant
to 29 CFR part 3), the full amount of wages and bona fide fringe benefits(or cash equivalents
thereof) at rates not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not less
than once a week. The City will attach a copy of the current prevailing wage determination
issued by the Department of Labor to this form.
b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis—Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of
29 CFR§5.5;also, regular contributions made or costs incurred for more than a weekly period
(but not less often than quarterly) under plans, funds, or programs which cover the particular
weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on
the wage determination for the classification of work actually performed,without regard to skill,
except as provided in 29 CFR§ 5.5(a)(4).
c) Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under paragraph (a)(1)(ii) of 29 CFR § 5.5) and the
Davis—Bacon poster (WH-1321) shall be posted at all times by the Contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be
easily seen by the workers.
(2) The Contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29
C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract.
Contractors and Subcontractors are prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled.The Contractor or subcontractor shall insert in any subcontracts
the clause in these subparagraphs (G)(1) and (2), and also a clause requiring the subcontractors to
include this clause in any lower tier subcontracts. The Contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with this clause. A breach of this clause
may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor
as provided in 29 C.F.R. § 5.12.
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F. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962, 40 U.S.C. §§ 3702
AND 3704.
If applicable, the Contractor and all of its subcontractors shall comply with the Contract Work Hours
and Safety Standards Act of 1962, 40 U.S.C. §§ 3702 and 3704, requiring that mechanics and
laborers (including watchmen and guards) employed on federally assisted contracts be paid wages
of not less than one and one-half times their basic wage rates for all hours worked in excess of forty
hours in a workweek. In the event of any violation of the preceding clause, the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor
and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth herein, in the sum of$10 for each calendar day on which
such individual was required or permitted to work in excess of the standard workweek of forty hours
without payment of the overtime wages required. The City shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under
any such contract or any other Federal contract with the same prime contractor,or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided herein. The
Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F)
herein also a clause requiring the subcontractors to include this clause in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in herein.
G. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD.
If the Federal award meets the definition of"funding agreement" under 37 CFR § 401.2 (a) and the
City wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement," the City must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
H. THE CLEAN AIR ACT OF 1955, as amended, 42 U.S.C. §§7401-7671q and the FEDERAL
WATER POLLUTION CONTROL ACT, as amended, 33 U.S.C. §§ 1251- 1387.
(1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq. and issued pursuant to the Federal Water Pollution Control Act, as amended, 33
USC §1251 et. seq.
(2) The Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure notification
to the City, Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(3) The Contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided by
FEMA.
I. ENERGY CONSERVATION.
Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.)and (42 U.S.C.
6201).
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J. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION.
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such the Contractor is required to verify that none of the Contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates(defined at 2 C.F.R. § 180.905)are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). The
Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into. This certification is a material representation of fact relied upon
by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City,
the Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment. The Contractor agrees to comply with the requirements of
2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a provision
requiring such compliance in its lower tier covered transactions.
(2) By signing and submitting this form, the Contractor shall also execute and provide the City
with, and require all lower tiered contractors to also execute, the certification set out in
"Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion
Lower tier Covered Transaction"attached hereto. The Contractor shall require all lower tier
participants to agree that they: a. shall not knowingly enter into any lower tier covered
transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized in writing by the
City; and ii. they will include this clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion", and the certification form, without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions. The Contractor may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous.The Contractor may decide the method and frequency by which it determines
the eligibility of its principals. The Contractor may, but is not required to check the Non-
procurement List issued by U.S. General Service Administration. Nothing contained in the
foregoing shall be construed to require establishment of system of records in order to
render in good faith the certification required by this clause.The knowledge and information
of the Contractor and any other participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a
lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to all remedies available to the Federal
Government, the City may pursue available remedies including suspension and/or debarment.
K. BYRD ANTI-LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS.
Contractors who apply or bid for or have received an award of$100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract,grant, or any other award
covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the recipient.
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L.RECYCLEDPRODUCTS/RECOVERED MATERIALS
The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act (42 U.S.C. § 6962),
including but not limited to,the regulatory provisions of 40 CFR Part 247,and Executive Order 12873,
as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.AI1 goods
and/or services to be purchased as a result of any award under this Contract shall be in accordance
with all applicable governmental standards, including, but not limited to those issued by the
Occupation Safety and Health Administration (OSHA), the National Institute of Safety Hazards
(NIOSH), and the National Fire Protection Association (NFPA). It shall be the responsibility of the
Contractor and vendors to be regularly informed to conform to any changes in standards issued by
any regulatory agencies that govern the commodities or services applicable to this solicitation, during
the term of any contract resulting from this solicitation. In the performance of this Contract, the
Contractor shall make maximum use of products containing recovered materials that are EPA-
designated items unless the product cannot be acquired:
(1) Competitively within a timeframe providing for compliance with the contract performance
schedule;
(2) Meeting Contract performance requirements; or (3)At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available
at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa:gov/smm/regulatory- background-comprehensive-procurement-guideline-
program-cpg.
M. CONTRACTING' WITH SMALL AND MINORITY BUSINESS, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS, C.F.R. § 200.321(G).
Pursuant to C.F.R.200.321 (g),the City will take all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used when possible.
Affirmative steps'must include:
(1) Placing qualified small and minority businesses and women's 'business enterprises on
solicitation lists;
(2)Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the'Minority Business Development Agency of the Department of
Commerce;,an
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed
in paragraphs (1�)through (5)above.
N. ACCESS TO RECORDS. In addition to the provisions contained in the Contract, the following
access to records requirements apply to this Contract:
(1)The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General
of the United States, or any of their authorized representatives access to any books, documents,
papers,and records of the Contractor which are directly pertinent to this Contract for the purposes
of making audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
41
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
Contract no.22-122-01
(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives
access to construction or other work sites pertaining to the work being completed under the
Contract.
O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS. The
Contractor hereby acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims
and Statements) applies to the Contractor's actions pertaining to the Contract.
P. DHS SEAL, LOGO,AND FLAGS. The Contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
Q. COMPLIANCE WITH FEDERAL LAW, REGULATIONS,AND EXECUTIVE ORDERS.This is an
acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract.
The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
R. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this Contract and is not subject to any obligations or
liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting
from the Contract.
S. CHANGES
The Contract may be modified by mutual consent, in writing through the issuance of a modification to
the Contract.
T. INDEMNIFICATION
For any work performed on Federally funded projects, the Contractor agrees to indemnify and hold
harmless the Federal Government, its employees and/or contractors, the County, its employees
and/or contractors, and the City and its employees and/or contractors from liability to third parties for
claims asserted under the contract.
U. E-VERIFY. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the Contractor during the
term of the Contract and shall expressly require any subcontractors performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the subcontractor
during the Contract term.
V. BOND REQUIREMENTS (2 CFR §200.325). Notwithstanding Florida law or City practice, at a
minimum for construction or facility improvement contracts or subcontracts exceeding the
Simplified Acquisition Threshold(currently$150,000), the following requirements must be met:
A. A bid guarantee from each bidder equivalent to five percent (5%)of the bid price. The "bid
guarantee" must consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon
acceptance of the bid, execute such contractual documents as may be required within the
time specified.
B. A performance bond on the part of the contractor for 100 percent of the contract price.
C. A payment bond on the part of the contractor for 100 percent of the contract price.
42
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
Contract no.22-122-01
EXHIBIT D2
BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM
APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for
Contracts, Grants, Loans, and Cooperative Agreements
The Contractor certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any. Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a.Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The Contractor shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by 31, U.S.C. § 1352(as amended by the Lobbying.Disclosure
Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification
and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31
U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
43
DocuSign Envelope ID:0559CF80-7D04-4E813-AC29-21D6EB693178
Contract no. 22-122-01
EXHIBIT D3
SUSPENSION AND DEBARMENT CERTIFICATION
The Contractor acknowledges that:
(1)This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.
As such the contractor is required to verify that none of the Contractor, its principals(defined at 2
C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2
C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
•
(3) This certification is a material representation of fact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to the City, the Federal Government may
pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The Contractor further agrees to include a provision requiring such
compliance in its lower tier covered transactions."
By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and
Debarment Certification.
1
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21 D6EB693178
RESOLUTION NO. 2022-32175
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, PERTAINING TO REQUEST FOR QUALIFICATIONS NO.
2022-122-ND, FOR ENGINEERING SERVICES FOR WATER AND
WASTEWATER SYSTEMS PROJECTS; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH HAZEN AND
SAWYER, P.C., THE TOP-RANKED PROPOSER, AND A & P CONSULTING
TRANSPORTATION ENGINEERS CORP., THE SECOND-RANKED
PROPOSER, TO SERVE AS CO-PRIMARY CONSULTANTS; FURTHER,
ESTABLISHING A POOL OF PRE-QUALIFIED CONSULTANTS FOR SPECIFIC
TASKS RELATING TO WATER AND WASTEWATER PROJECTS ON AN AS-
NEEDED BASIS; WITH RESPECT TO THE PRE-QUALIFIED CONSULTANT
POOL, AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH ARDURRA GROUP, INC., AS THE THIRD-RANKED
PROPOSER; KIMLEY-HORN AND ASSOCIATES, INC., AS THE FOURTH-
RANKED PROPOSER; 300 ENGINEERING GROUP, P.A., AS THE FIFTH-
RANKED PROPOSER; NOVA CONSULTING, AND STANTEC CONSULTING
SERVICES, INC,AS THE TIED SIXTH-RANKED PROPOSERS; CHEN MOORE
AND ASSOCIATES, INC., AS THE EIGHTH RANKED PROPOSER; AND
AECOM TECHNICAL SERVICES,INC.,AS THE.NINTH RANKED PROPOSER;
AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, on January 20, 2022, the Mayor and City Commission authorized the
issuance of Request for Qualifications (RFQ) 2022-122-ND for Engineering Services for Water
and Wastewater Systems Projects; and
WHEREAS, on January 28, 2022, the RFQ 2021-3122-ND for Engineering Services for
Water and Wastewater Systems Projects(the"RFQ")was issued;and
WHEREAS,a voluntary pre-proposal meeting was held on February 10, 2022;and
WHEREAS,on March 25, 2022,the City received a total of 19 proposals; and
WHEREAS, on February 24, 2022,the City Manager, via Letter to Commission No.073-
2022, appointed an Evaluation Committee consisting of t: Mariana Evora, Assistant Director of
Infrastructure, Public Works Department; Giancarlo Pena, Assistant City Engineer, Public Works
Department;and Luis Soto,Senior Principal Engineer,Public Works Department;and
WHEREAS, the Evaluation Committee convened on April 11, 2021, to review and score
the proposals; and
WHEREAS, the Evaluation Committee received 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 and a copy of each proposal; and
WHEREAS, the Evaluation Committee was instructed to score and rank each proposal
pursuant to the evaluation criteria established in the RFQ; and
Page 32 of 1232
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21 D6EB693178
•
•
WHEREAS, the Evaluation Committee process resulted in the ranking of proposers as
follows: Hazen and Sawyer, P.C., as the top-ranked proposer; A& P Consulting Transportation
• Engineers Corp., as the second-ranked proposer; Ardurra Group, Inc., as the third-ranked
proposer; Kimley-Hom and Associates, Inc., as the fourth-ranked proposer; 300 Engineering
Group, P.A.,as the fifth-ranked proposer,Nova Consulting and Stantec Consulting Services, Inc.,
as the tied sixth-ranked proposers; Chen Moore and Associates, Inc., as the eighth-ranked
proposer, .and AECOM Technical Services, Inc., as the ninth-ranked proposer;and
WHEREAS, after reviewing all of the submissions and the Evaluation Committee's
rankings and analysis,the City Manager concurs with the Evaluation Committee and recommends
that the Mayor and City Commission authorize the Administration to enter into negotiations with
Hazen and Sawyer, P.C., the top-ranked proposer, and A & P Consulting Transportation
Engineers Corp.; as the second-ranked proposer, to serve as co-primary consultants; further,
establishing a pool of pre-qualified consultants for specific tasks relating to water and wastewater
projects,on an as-needed basis,and with respect to the pre-qualified consultant.pool,authorizing
the Administration to enter into negotiations with Ardurra Group, Inc., as the third-ranked
proposer; Kimley-Hom and Associates, Inc., as the fourth-ranked proposer; 300 Engineering
Group, P.A., as the fifth-ranked proposer; Nova Consulting, and Stantec Consulting Services,
Inc., as the tied sixth-ranked proposers; Chen Moore and Associates, Inc., as the eight-ranked
proposer; and AECOM Technical Services, Inc., as the ninth-ranked proposer; and further
authorizing the City Manager and City Clerk to execute an agreement upon conclusion of
successful negotiations by the Administration.
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, pursuant to Request For
Qualifications No. 2022-122-ND for Engineering Services for Water and Wastewater Systems
Projects,authorize the Administration to enter into negotiations with Hazen and Sawyer, P.C.,the
top-ranked proposer, and A & P Consulting Transportation Engineers Corp.; as the second-
ranked proposer, to serve as co-primary consultants; further, establish a pool of pre-qualified
consultants for specific tasks relating to water and wastewater projects, on an as-needed basis;
with respect to the pre-qualified consultant pool, authorize the Administration to enter into
negotiations with Ardurra Group, Inc.,as the third-ranked proposer; Kimley-Horn and Associates,
Inc., as the fourth-ranked proposer; 300 Engineering Group, P.A., as the fifth-ranked proposer;
Nova Consulting,and Stantec Consulting Services, Inc.,as the tied sixth-ranked proposers;Chen
Moore and Associates, Inc.,as the eighth-ranked proposer,and AECOM Technical Services, Inc.,
as the ninth-ranked proposer; and further authorize the City Manager and City Clerk to execute
an agreement upon conclusion of successful negotiations by the Administration and the City
Attorney's Office. 7'
PASSED AND ADOPTED this ‘2.?- day of JUne 2022.
ATTEST:
JUN 2 3 2021
RAFAEL E.GRANADO, CITY CLERK DAN GELBER, MAYOR • APPROVED AS TO
FORM 8 LANGUAGE
\ 1............ BFOR T
ry�
? _ . . City Attorney sr Date
kl CORP DRATED-'
`+ ?? Page 33 of 1232
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21 D6EB693178
Competitive Bid Reports-C2 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: June 22,2022
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 REQUEST FOR QUALIFICATIONS
NO. 2022-122-ND, FOR ENGINEERING SERVICES FOR WATER AND
WASTEWATER SYSTEMS PROJECTS; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH HAZEN AND
SAWYER, P.C., THE TOP-RANKED PROPOSER,AND A& P CONSULTING
TRANSPORTATION ENGINEERS CORP., THE SECOND-RANKED
PROPOSER, TO SERVE AS CO-PRIMARY CONSULTANTS; FURTHER,
ESTABLISHING A POOL OF PRE-QUALIFIED CONSULTANTS FOR
SPECIFIC TASKS RELATING TO WATER AND WASTEWATER
PROJECTS ON AN AS NEEDED BASIS; WITH RESPECT TO THE PRE- •
QUALIFIED CONSULTANT POOL,AUTHORIZING THE ADMINISTRATION
TO ENTER INTO NEGOTIATIONS WITH ARDURRA GROUP, INC.,AS THE
THIRD-RANKED PROPOSER; KIMLEY HORN AND ASSOCIATES, INC.,AS
THE FOURTH-RANKED PROPOSER; 300 ENGINEERING GROUP, P.A.,AS
THE FIFTH RANKED PROPOSER; NOVA CONSULTING, AND STANTEC
CONSULTING SERVICES, INC, AS THE TIED SIXTH-RANKED
PROPOSERS; CHEN MOORE AND ASSOCIATES, INC., AS THE, EIGHTH
RANKED PROPOSER; AND AECOM TECHNICAL SERVICES, INC., AS
THE NINTH RANKED PROPOSER; AND FURTHER AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY 'THE
ADMINISTRATION.
RECOMM'ENDATION
It is recommended that the Mayor and City Commission approve the Resolution authorizing the
Administration to enter into negotiations with Hazen and Sawyer, P.C. and A & P Consulting
Transportation Engineers Corp.,the first-and second-ranked firms,respectively,to serve as co-
primary consultants for engineering services required for water and wastewater projects.
Additionally, the Resolution authorizes the Administration to negotiate with the following firms to
establish a pool of prequalified consultants, pursuant to Section 287.055, Florida Statutes, for
limited engagements or specific tasks: Ardurra Group, Inc., as the third-ranked proposer,
Page 27 of 1232
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Kimley-Hom and Associates, Inc.,as the fourth-ranked proposer;300 Engineering Group, P.A.,
as the fifth-ranked proposer; Nova Consulting, and Stantec Consulting Services, Inc., as the
tied sixth-ranked proposers; Chen Moore and Associates, Inc., as the eighth-ranked proposer;
and AECOM Technical Services, inc.,as the ninth-ranked proposer.
This solicitation is currently under the cone of silence.
BACKGROUND/HISTORY
Many of the City's infrastructure assets are near or past their useful life.A comprehensive review
of the water and wastewater infrastructure was performed in 2019, which resulted in the Water
and Sewer System Master Plan(through 2045)for addressing the necessary improvements. In'
2020,the City's 5-year Water and Sewer Capital Improvement Plan was approved to address
the most critical infrastructure needs. The projects covered by the 5-year Capital Improvement
Plan(CI P)include but are not limited to:sewer pump stations renewal and replacement(R&R),
water booster stations R&R and new construction, gravity main inflow, and infiltration, and water
main and force main replacements or improvements.Overall, the capital improvement plan
intends to provide a roadmap to implement improvements for a more resilient, robust, and
future-proofed water and wastewater infrastructure.
ANALYSIS
On January 20, 2022,the Mayor and City Commission authorized the issuance of Request for
Qualifications (RFQ) 2022-122-ND for Engineering Services for Water and Wastewater
Systems Projects. On January 28, 2022, the RFQ was issued. A voluntary pre-proposal
conference to provide information to proposers submitting a response was held on February.10,
2022. The Department issued bid notes to 17,980 companies through the e-procurement
system, with 138 prospective bidders accessing the advertised solicitation. RFQ responses
were due and received on March 25, 2022. The City received a total of 19 proposals from the
following firms:
• 300 Engineering Group, P.A.
• A&P Consulting Transportation Engineers Corp.
• AECOM Technical Services, Inc.
• Ardurra Group, Inc.
• Black&Veatch Corporation
• Calvin, Giordano&Associate, Inc.
• CPH Inc.
• EXP U.S.Services, Inc.
• Gannett Fleming, Inc.
• Hazen and Sawyer, P.C.
• HDR Engineering, Inc.
• Kimley-Hom and Associates, Inc.
• Milian, Swain&Associates, Inc.
• Nova Consulting, Inc.
• SRS Engineering, Inc.
• Stantec Consulting Services, Inc.
• Tetra Tech, Inc.
• WSP USA, Inc.
On February 24, 2022, the City Manager appointed the Evaluation Committee via LTC # 073-
Page 28 of 1232
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
2022. The Evaluation Committee convened on April 11, 2022, to consider the proposals
received.The Committee was comprised of Mariana Evora,Assistant Director of Infrastructure,
Public Works Department; Giancarlo Pena,Assistant City Engineer, Public Works Department;
and_Luis Soto,Senior Principal Engineer, Public Works Department.
The Committee was provided an overview of the project and information relative to the City's
Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also
provided with general information on the scope of services 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 evaluation process resulted in the ranking of proposers as
indicated in Attachment A.
Currently, the estimate of projects to be implemented through 2027 is approximately $230
million. Because of the significant amount of work to be implemented,staff believes it is prudent
to award more than one primary firm. Therefore, staff recommends awarding the first- and
second-ranked firms, Hazen and Sawyer, P.C. and A& P Consulting Transportation Engineers
•
Corp., respectively,as co-primaries. Projects awarded to the co-primaries are not limited to the
limits established in Section 287.055(2)(g), Florida Statutes; however, projects that exceed the
thresholds established in the statute shall require prior City Commission approval.
Further,to assist with smaller projects or tasks which likely will be required, staff also recommends
establishing a pool of firms to whom projects can be awarded pursuant to the limits established in
Section 287.055(2)(g), Florida Statutes.Task orders for projects that exceed the limits established in
•
the referenced statute shall not be allowed. Task orders for projects awarded pursuant to the pool
may be approved by the City Manager or designee in accordance with City policy.
A summary of each firm is available upon request.
SUPPORTING SURVEY DATA
N/A
FINANCIAL NFORMATION
The City is working to execute the Water and Sewer 5-Year Critical Needs Plan, approved by
Commission in 2020. The total Water and Sewer 5-Year Critical Needs Plan through 2027 is
estimated at $230 million, and approximately $80 million worth of projects are currently
underway.
CONCLUSION
After reviewing all of the submissions and the Evaluation Committee's rankings, I note that the
Evaluation Committee has found Hazen and Sawyer, P.C. and A& P Consulting Transportation
Engineers Corp.to be the top-and second-ranked firms, respectively,responding to the RFQ.
For the last five years, Hazen and Sawyer has been the incumbent Prime Proposer providing
the City with subject matter expertise on its water and wastewater systems projects. Hence, it is
very well qualified and has demonstrated extensive experience with City projects and with
projects of other agencies in the Tri-County area. Hazen and Sawyer has assembled an
extensive local team of qualified professionals ready to meet the City's current and future
needs.A & P Consulting Transportation Engineers Corp. is a local company with significant
Page 29 of 1232
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21 D6EB693178
experience in water and sewer projects, including some completed in the City of Miami Beach.
Its proposal demonstrates its ability to move projects along various phases such as planning,
design, and construction. Moreover, its experience involves a diverse range of scopes of work,
such as pump stations, pipelines, and emergencies. Finally,the firm has demonstrated its ability
to be reliable and able to provide permitting assistance.
. Further, I concur with staffs recommendation to award a contract, as co-primary firms, Hazen
and Sawyer, P.C. and A& P Consulting Transportation Engineers Corp., the first and second-
ranked firms, respectively. Doing so will allow the Administration to more effectively address the
large number of projects requiring implementation.Additionally, I recommend the following seven
(7) firms, based on the City's anticipated needs and potential volume of work, be approved to
participate in the pool of prequalified consultants to assist with smaller engagements relating to water
and wastewater work in accordance with Section 287.055(2)(g), Florida Statutes:Ardurra Group,
Inc., Kimley-Hom and Associates, Inc., 300 Engineering Group, PA, Nova Consulting, Stantec
Consulting Services, Inc., Chen Moore and Associates, Inc., and AECOM Technical Services, inc.
Based on the foregoing, I recommend that the Mayor and City Commission approve the
Resolution authorizing the Administration to enter into negotiations with Hazen and Sawyer, P.C.,
the first-ranked proposer, and A & P Consulting Transportation Engineers Corp., the second-
ranked proposer, to serve as co-primary consultants. Further, the Resolution authorizes the •
Administration to negotiate with the following firms to establish a pool of prequalified consultants
for specific tasks relating to water and wastewater projects: Ardurra Group, Inc., as the third-
ranked proposer, Kimley-Hom and Associates, Inc., as the fourth-ranked proposer, 300
Engineering Group, P.A., as the fifth-ranked proposer, Nova Consulting and Stantec Consulting
Services, Inc.; as the tied sixth-ranked proposers, Chen Moore and Associates, Inc., as the
eight-ranked proposer, and AECOM Technical Services, Inc., as the ninth-ranked proposer.
Finally, the Resolution authorizes the City Manager and City Clerk to execute an agreement
upon conclusion of successful negotiations by the Administration and the City Attorney's Office.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.Q.
to Know"item.pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Public Works/Procurement
ATTACHMENTS:
•
Description
o Attachment A
❑ Resolution
Page 30 of 1232
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DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
ATTACHMENT B
ADDENDUM AND RFQ SOLICITATION
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
M ,Aiv\I BEACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
ADDENDUM NO. 3
REQUEST FOR QUALIFICATIONS NO.2022-122-ND
ENGINEERING SERVICES FOR WATER AND WASTEWATER SYSTEMS PROJECTS(the"RFQ")
March 16,2022
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 (deletions are
shown by strikethrough and additions are underlined).
The deadline for questions has passed. No further questions will be considered, and no further extensions
will be made.
I. RFQ DUE DATE AND TIME. The deadline for receipt of electronic submittals through Periscope S2G is
extended until 3:00 p.m., Friday, March 25,2022.
All proposals received and time stamped through.PeriscopeS2G,prior to the proposal submittal deadline shall be
accepted as timely submitted. Proposals cannot be submitted after the deadline established for receipt of
proposals.Hard copy proposals or proposals received electronically,either through email or facsimile,submitted
prior to or after the deadline for receipt of proposals are not acceptable and will be rejected. Late bids cannot be
submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by
technical difficulty or caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
• Dial the Telephone Number: +1 786-636-1480
• Enter the Conference ID No: 883 910 03#
To join on your computer or mobile app
Click here to join the meeting
II. REVISIONS
1. Section 0300, Proposal Submittal Instructions and Format,Tab 2, Experience and Qualifications of the Firm
and Team, Section 2.2 Qualifications of the Team, of the RFQ, is hereby amended as follows. (Underlined
denotes added language):
Provide an organizational chart of all the prime proposer's personnel and subconsultants, each team
members'qualifications and the role that each team member will play in providing the services detailed herein.
A resume of each individual, including education, licensure, relevant experience, and any other pertinent
information, shall be included for each respondent team member to be assigned to this contract.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranadona.miamibeachfl.gov
RFQ No.2022-122-ND
Addendum#3
3/16/2022
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
/\/\
I A v 1A I BE C FlProcurement Department
I 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
Contact: Telephone: Email:
Natalia Delgado 305-673-7000 ext. 26263 nataliadelgado@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission.
Si ferely,
AI• penis
' urement Director
Balance of Page Intentionally Left Blank
RFQ No.2022-122-ND
Addendum#3
3/16/2022
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
M I AM I BEACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
•
ADDENDUM NO.2
REQUEST FOR.QUALIFICATIONS NO..2022-122-ND
ENGINEERING SERVICES FOR WATER AND WASTEWATER SYSTEMS PROJECTS(the"RFQ")
March 9,2022
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 (deletions are
shown by strikethrough and additions are underlined).
I. REVISIONS
1. Delete Section 0400, Proposal Evaluation of the RFQ,in its entirety and Replace with Revised Section 0400,
Proposal Evaluation,attached hereto as Exhibit G.
III. ATTACHMENTS.
EXHIBIT A: Hazen and Sawyers Contract under RFQ No. 2017-129-KB(Inclusive of Proposal)
EXHIBIT B: The City of Miami Beach Water Master Plan
EXHIBIT C: The City of Miami Beach Sewer Master Plan
EXHIBIT D: The City of Miami Beach Renewal and Replacement(R&R) Report
EXHIBIT E: LTC#073-2022
EXHIBIT F: Pre-Proposal Meeting Sign-in Sheet
EXHIBIT G: Revised Section 0400, Proposal Evaluation
IV. RESPONSES TO QUESTIONS RECEIVED.
Q1: In Section 2.1 Qualifications of the Proposing Firm, must experience be submitted in each of the areas of
expertise(a.through h.)or can a firm submit on selected areas of expertise,for instance just a.through d.?
Al: Bidders are advised that the referenced areas of expertise are representative of the City's
current and anticipated requirements for the awarded firm(s). Further,the majority of City projects
require a mix of referenced competencies. Few, if any, projects are single expertise projects.
Therefore,it is not feasible for the City to predetermine the mix of competencies that will be required
by any given project, particularly future projects. Bidders are reminded that the areas of expertise
requested may be satisfied by either the prime or a team member of the prime.
Q2: Would you be able to send me a copy of the proposal submitted by Hazen and Sawyer for RFQ NO. 2017-
129-KB and any awarded contract with the dollar amount of awarded work?
A2: Please refer to Exhibit A, Hazen and Sawyer's Proposal and Contract under RFQ No.2017-129-
KB.
RFQ No.2022-122-ND
Addendum#2
3/9/2022
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21 D6EB693178
M I AM I BEACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
Q3: Page 72, Appendix D - Please confirm that Standard Form 330 will be used for 2.1 Qualifications of the
Firm and for 2.2 Qualifications of the Proposer Team.
A3: The Standard Form 330 will be used for 2.1 Qualifications of the Firm and 2.2 Qualifications of
the Proposer Team. Bidders are not limited to the ten (10)project maximum noted on the Standard
Form 330.
Q4: Page 7, Section 4—States "When requested by the City, each bidder shall arrange for Dun &Bradstreet
to submit a Supplier Qualification Report(SQR). However,the next sentence states that"No proposal will
be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet." Is the Dun &
Bradstreet SQR to be submitted with the proposal?
A4: The Dun & Bradstreet SQR is not to be submitted with the proposal. If required,the City will
request.
Q5: Page 7, Section 5 The section states that no goods and services shall be purchased from the state of
Mississippi but the link to Resolution 2016-29375 also includes a ban on services from North Carolina. Is
there a ban on services from North Carolina?
A5: There is no longer a ban on travel to North Carolina nor moratorium on purchasing goods and
services sourced in North Carolina.
Q6: Section 2.2 requires a resume to be submitted for each individual on the team. Should this information be
submitted on Section E of the SF 330?
A6: Resumes are to be submitted on Section E of the SF 330.
Q7: Section 2.1 requires 3 projects for each area of expertise and states bidders are not limited to the 10 project
minimum as stated in the SF 330. Are we to submit the requested projects in 2.1 for A through H in Section
F of the SF 330 form?
A7:Submit the requested projects in 2.1 for A through H in Section F of the SF 330.
Q8: Section 2.2.1 Project Experience of the Team again requires that we submit at least 3 projects relevant to
each area of expertise. This suggests that we are to submit another section of projects on Section F of the
330 in addition to those provided in response to Section 2.1 (A through H). Are we to utilize Section F of
the SF 330 form to submit a second set of projects for A through H listed in section 2.2?
A8: Utilize Section F of the SF 330 to submit a second set of projects for A through H listed in
Section 2.2.1.
Q9: Are there character limits and/or space (between characters) limits for the "boxes"to be completed in the
online Questionnaire form that we need to adhere to?
A9: The smaller boxes (i.e. how many years in business or zip codes) have a character limit of 5-
10.The bigger boxes (i.e.for the phone numbers)have a character limit of 15.The other boxes(i.e.
names and addresses) have a limit of 20-50 characters. The boxes themselves have a limit of 45
characters across and 5 rows down.This will include spaces,dashes or special characters..
RFQ No.2022-122-ND
Addendum#2
3/9/2022
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
M I AM I B EAC H Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
Q10: On Section 0400. Item 3, Qualitative Criteria, we noticed that 5 points for Veterans' Preferences will be
awarded. Can a firm use a subconsultant to obtain the 5 points?
A10: Only the prime consultant is eligible for Veteran's Preference points.
Q11: Section 0300, Item 4, Electronical Proposal Format: TAB 2— Experience & Qualifications of the Firm and
Team. Item 2.1 requires the submittal of at least three SF 330 firm projects for each of the areas of expertise
(items a through h).•Do we need to submit a complete SF-330(all sections)under 2.1,or do you want only
the project sheets(Section F of SF-330) located here?
All: Submit Section F of the SF 330 in response to Tab 2,Experience and Qualifications of the Firm
and Team,Section 2.1 Qualifications of Proposing Firm.
Q12: Item 2.2.1 Project Experience requires us to submit relevant experience of each team member with
emphasis on the specific areas of expertise (items a through h). After the requirement of staff experience,
the RFQ has the same paragraph that was provided under Item 2.1 requesting firm projects. So, in addition
to the Org Chart and SF 330-Resumes we are providing within this section, do we need to submit project
sheets again?
Al2: See response to Q8 above.
Q13: I would like to receive electronic copies of the awarded firms'submittals for RFQ 2017-129-KB-Engineering
Services Water Wastewater Systems.
A13: Please refer to our website to find the contracts for the firms (inclusive of the proposals).
Home Page-Awarded Contracts(miamibeachfl.gov)
Q14: Does the city want firms to include resumes for everyone on the org chart or only for key personnel?
A14: Include only resumes for key personnel.
Q15: If a public outreach firm has an active contract:with City of Miami Beach, would they be precluded from
participating as a subconsultant on this RFQ?
A15: The public outreach firm is not precluded from participating as a subconsultant on this RFQ.
Q16: Could you please provide a copy of the following: (a)The City of Miami Beach Water Master Plan, (b)The
City of Miami Beach Sewer Master Plan,and(c)The City of Miami Beach Renewal and Replacement(R&R)
Report?
A16: Please refer to Exhibit B, The City of Miami Beach Water Master Plan, Exhibit C, The City of
Miami Beach Sewer Master Plan,and Exhibit D,The City of Miami Beach Renewal and Replacement
(R&R) Report.
Q17: Can you please provide a copy of the recording of the pre-proposal meeting?
All: The recording of the pre-proposal meeting was uploaded to Periscope S2G.
RFQ No.2022-122-ND
Addendum#2
3/9/2022
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
M I AM I BEACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
Q18: Can you please provide the names of the members on the evaluation committee once they have been
selected?
A18: Please refer to Exhibit E, LTC#073.2022.
Q19: In Section 2.1 Qualifications of the Proposing Firm, must experience be submitted in each of the areas of
expertise(a.through h.)or can a firm submit on selected areas of expertise,for instance just a.through d.?
A19: See response to Q1.
Q20: Please provide a sign-in sheet for the pre-proposal meeting.
A20: Please refer to Exhibit F, Pre-Proposal Meeting Sign-in Sheet.
Q21: Please provide a list of firms holding the current contract that will be replaced by this RFQ selections
A21: The firms with an executed agreement pursuant to RFQ No. 2017-129-KB are Hazen and
Sawyer,CH2M Hill Engineers, Inc., 300 Engineering Group, P.A.,AECOM Technical Services, Inc.,
Ardurra Group,Inc.(formerly King Engineering Associates, Inc.),and Wade Trim, Inc.
Q22: Does the City want copies of firm and key personnel's licenses/certifications included in Tab 2 of the
uploaded responses?
A22: Include licensure of the key personnel as part of Tab 2, Experience and Qualifications of the
Firm and Team,Section 2.2 Qualifications of the Proposer Team.
Q23: Can a team mark its submittal to let the city know they are only to be considered for the pool of qualified
consultants?
A23: Yes,a team can mark its submittal to let the City know they are only to be considered for the
pool of qualified consultants.
Q24: Regarding the contents of the submittal for the pool of pre-qualified consultants, would you want a full team
with sub-consultants or only the submitting firms qualifications?
A24: All submittals will include the experience and qualifications of the proposing firm and the
team.
Q25: The RFQ states that a prime consultant will be selected along with a continuing pool of prequalified
consultants. What will be the responsibility of the prime consultant versus the pool of consultants? Will
there be a reporting relationship between the two?
A25: Please refer to Section 0100, Instructions to Respondents and General Conditions,Section 3
Purpose, Subsection 3.1 and 3.2 for a description of the responsibility of the prime consultant
versus the pool of consultants. The prime and pool will not have a reporting relationship unless
mutually agreed upon by all parties.
RFQ No.2022-122-ND
Addendum#2
3/9/2022
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
M I q H1 v 1 A ,t I B Ei\cH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
Q26: How many consultants is the City looking to select in the pool of consultants?
A26: To be determined.
Q27: The qualifications/experience requirements and evaluation criteria are very specific. How will the City
evaluate/consider consultants that provide qualifications in some areas, but not all?
A27: See response to Q1.
Q28:Tab 2.2.1: It is our understanding that Tab 2 is people based. Should we show a minimum of 3 projects
per each category for each team member? This would make our key personnel resumes 2-3 pages for
each. Please clarify.
A28: Proposer shall submit detailed information regarding the relevant experience and proven track
record of each team member in providing the scope of services similar as identified in this
solicitation.
Q29: Page 56 of the RFQ "Insurance Requirements" - Do all subconsultants have to maintain the required
insurance limits provided in the RFQ?
A29: The awarded Prime Proposer(s) haslhave to maintain the required insurance limits provided
in the RFQ.
Q30:Would the City please clarify what is meant by"Change Management Plan"? Is this in reference to change
orders or climate change?
A30: "Change management Plan" refers to change orders, such as project scope, cost, andlor
schedule changes.
Q31: I would like to request the City's 5-year Water and Sanitary Sewer Capital Improvement Plan that are
referenced in Section 0100 of RFQ 2022-122-ND.
A31: The City's 5-Year Water and Sewer Critical. Needs Capital Improvement Plan refers to the
proposed projects prioritized within the Water and Sewer Master Plans for the first five years of the
planning period. Please refer to Exhibit B,The City of Miami Beach Water Master Plan,and Exhibit
C,The City of Miami Beach Sewer Master Plan.
Q32: The SF 330 is limited to 10 projects. What is the City's preferred method to submit additional projects to
meet the RFQ's minimum requirements?
A32: Additional projects are to be submitted on Section F of the SF 330.
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado a(�.miamibeachfl.gov
Contact: Telephone: Email:
Natalia Delgado 305-673-7000 ext. 26263 nataliadelgado@miamibeachfl.gov
RFQ No.2022-122-ND
Addendum#2
3/9/2022
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21 D6EB693178
Iv\ I AM I BEACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission.
Si -rely,1Al ;ems _
r urement Director
Balance of Page Intentionally Left Blank
RFQ No.2022-122-ND
Addendum#2
3/9/2022
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
M I A M I BEACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
ADDENDUM NO. 1
REQUEST FOR QUALIFICATIONS NO.2022-122-ND
ENGINEERING SERVICES FOR WATER AND WASTEWATER SYSTEMS PROJECTS(the"RFQ")
March 7,2022
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 (deletions are
shown by strikethrough and additions are underlined).
The deadline for questions has passed. No further questions will be considered, and no further extensions
will be made.
I. RFQ DUE DATE AND TIME. The deadline for receipt of electronic submittals through Periscope S2G is
extended until 3:00 p.m.,Monday, March 21,2022.
All proposals received and time stamped through PeriscopeS2G, prior to the proposal submittal deadline shall be
accepted as timely submitted. Proposals cannot be submitted after the deadline.established for receipt of
proposals.Hard copy proposals or proposals received electronically,either through email or facsimile,submitted
prior to or after the deadline for receipt of proposals are not acceptable and will be rejected. Late bids cannot be
submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by
technical difficulty or caused by any other occurrence.
PUBLIC BID OPENING
Dial-In Instructions:
• Dial the Telephone Number:+1 786-636-1480
• Enter the Conference ID No: 883 910 03#
To join on your computer or mobile app
Click here to join the meeting
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED..
Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranadoAmiamibeachfl.gov
Contact: Telephone: Email:
Natalia Delgado 305-673-7000 ext. 26263 nataliadelgado@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission.
Si . rely,
s
A epenis
•r urement Director
RFQ No.2022-122-ND
Addendum#1
3/7/2022
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
MIAMI BEACH
Request for Qualifications (RFQ)
2022-122-ND
Engineering Services for Water & Wastewater Systems
Projects
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO RESPONDENTS
0200 GENERAL CONDITIONS
0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT
0400 PROPOSAL EVALUATION
APPENDICES:
APPENDIX A SPECIAL CONDITIONS
APPENDIX B SAMPLE CONTRACT
APPENDIX C INSURANCE REQUIREMENTS
APPENDIX D STANDARD FORM 330
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
MIAMI BEACH
SECTION.0100 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS
1.GENERAL.This Request for Qualifications(RFQ) is issued by the City of Miami Beach, Florida(the"City"), as the
means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select
a firm with whom it may negotiate an agreement for the purpose noted herein.
The City utilizes Periscope S2G(formally known as BidSync) (www.periscopeholdinqs.com or www.bidsync.com)for
automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any
addendum to this RFQ. Any prospective Proposer who has received this RFQ by any means other than through
Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFQ.
Failure to receive an addendum may result in disqualification of proposal submitted.
2. BACKGROUND. The City is over 100 years old, and many of its infrastructure assets are aged near or past their
useful life. Improvements,and expansions have been made throughout the City's history.A comprehensive review of
the water and wastewater infrastructure was performed in 2019. The City developed its Water and Sanitary Sewer
System Master Plan, covering a planning period through 2045. In 2020, the City's 5-year Water and Sanitary Sewer
Capital Improvement Plan (CIP)was approved to address its most critical infrastructure needs.The projects covered
by the 5-yearClP include:
• sanitary sewer pump stations renewal and replacement(R&R),
• water booster stations and ground storage tanks R&R and new construction,
• gravity main Inflow and Infiltration Reduction,
• water main and force main replacements and/or upsizing to address age,capacity and/or fire flow issues,
The City also developed calibrated hydraulic models for its water distribution and its sewer force main systems, using
InfoWater and InfoWorks, respectively.
Overall,the proposed longer-term capital improvement plan intends to provide a roadmap to improve the community
with a more resilient, robust, environmentally responsible, and future proof, water, and wastewater infrastructure.
Hence, it is important that Proposers have an understanding of Miami Beach's vulnerabilities to climate change and
sea level rise; are familiar with the work and regional planning tools of the Southeast (SE) Florida Climate Change
Compact, and aware of the City's approach to incremental adaptation over time. The City is interested in partnering
with the most innovative and solutions-oriented engineers in the field dedicated to resilience and Miami Beach Rising
Above.
•
The scope of this RFQ does not include stormwater projects for which the City currently has a consultant for
engineering services related to the neighborhood improvement projects to address stormwater and other
resiliency improvements not relating to potable water and wastewater. The projects under the scope of this RFQ
are further articulated in Section 2.1 and 2.2 below.
2.1. Water. The City of Miami Beach (City) purchases treated potable water from Miami-Dade County and
redistributes it to City residents and,businesses. For this purpose,the City owns, operates, and maintains the
water distribution system within the City's service area of approximately 7.5 square miles (Figure 1-2). Water
is supplied through five interconnects (four duty, one emergency). The City's water system serves
approximately 100,000 residents, 30,000 hotel guests, and a floating population (i.e., employees) of
approximately 70,000 people. Water distribution and system pressure is controlled by City's six booster pump
stations. The booster pump stations downstream of the WASD interconnects are used to supplement the
system pressure supplied by WASD and increase system reliability during emergencies.The two pump stations
located adjacent to the ground storage tanks are used to pump water from the storage tanks into the system
and can also be leveraged in the event of an emergency to supplement water from WASD. The City's
distribution network is comprised of approximately 184 miles of water mains. The largest water main pipe
diameter in the City is 36 inches.
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
MIAMI BEACH
2.2.Wastewater. The City collects wastewater from its customers, including satellite cities, and conveys it to
Miami/Dade County for treatment. The City also provides wholesale sanitary sewer to the Village of Bal
Harbour,the Town of Bay Harbor Islands,the City of North Village, and the Town of Surfside(collectively,the
"Satellite Cities"). Sewage is collected throughout the service area and pumped through a single 60-inch
connection to Miami-Dade Water and Sewer Department's (WASD's) Central District Wastewater Treatment
Plant(CDWWTP)for treatment and disposal. The collection system includes the gravity sanitary sewers and
major gravity interceptors, whereas the transmission system includes the pump stations and force main
network. The sanitary sewer system consists of 23 pump station service areas (basins), approximately 117
miles of gravity sewer mains, approximately 26 miles of active force mains, and over 3,100 manholes.
3.PURPOSE.The purpose of this RFQ is to select a prime consultant and a continuing pool of prequalified consultants
for the water and wastewater/sewer systems that do not include the stormwater program or the above ground
improvements. The City.desires to receive proposals from qualified firms that can provide professional services, in
accordance with Section 287.055, Florida Statutes,commonly referred to as the Consultant's Competitive Negotiation
Act(CCNA).The City may,after considering proposals received,award contracts for services to a prime consultant(s),
as well as create a continuing pool of prequalified consultants, as follows:
3.1. Prime Consultant(s).The City may make an award to qualified consultant(s)that can act in the capacity of
the City's prime consultant on its long-term capital improvement projects for water and wastewater.The selected
prime consultant shall provide the City with subject matter expertise to the City of Miami Beach on its water and
wastewater systems. The Consultant must have a team of qualified individuals who can guide the City of Miami
Beach through the decision-making process of making its water and wastewater systems resilient,environmentally
responsible, dependable, and future proof. While the City intends to make an award to a single consultant, it
reserves its right to award to multiple consultants if it deems it is in its best interest.Additionally,the City reserves
the right to engage other consultants, either through option 2 below or through other means, to assist the City in
its water and wastewater endeavors.The prime consultant shall be selected in accordance with the Consultant's
Competitive Negotiation Act for related projects as defined in Section 287.055(2)(f)(2), Florida Statutes.As such,
the scope or value of the work awarded to the prime consultant shall not be limited to the limits established
pursuant to Section 287.055(2)(g), Florida Statutes.
3.2. Pool of Pre-qualified Consultants. Additionally, to assist with smaller engagements relating to water and
wastewater work (or related needs), the City intends to create a continuing pool of prequalified consultants (not
selected in Option 1 above) in accordance with Section 287.055(2)(g), Florida Statutes. Firms that submit a
proposal pursuant to the RFQ, and who are deemed to be responsive, responsible and best qualified may be
eligible to participate in the continuing pool of pre-qualified consultants. Projects awarded to pool contractors are
subject to the limits established in Section 287.055(2)(g), Florida Statutes,for continuing contracts. The firms
included in the continuing pool will also be eligible to participate as sub-consultants to the prime consultant on
applicable projects at the discretion of the City Manager.
THIS RFQ, AND ANY RESULTING CONTRACT, IS ISSUED AND GOVERNED BY SECTION 287.055, FLORIDA
STATUTES
4.STATEMENT OF WORK
The Consultant will provide subject matter expertise to the City of Miami Beach on its Water and Wastewater systems.
The Consultant must have a team of qualified individuals who can guide the City of Miami Beach through the decision-
making process of making its water and wastewater systems resilient, environmentally responsible, dependable, and
future proof.The City is interested in partnering with the most innovative and solutions-oriented engineers in the field
dedicated to resilience and Miami Beach Rising Above. The services described in subsequent items may be awarded
in the future.
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
MIAMI BEACH
I. Water and/or Wastewater Systems Hydraulic Modeling
II. Design, Permitting, Bidding Services, and Construction Services for:
a. Water and sanitary sewer pipelines
b. Water and sanitary sewer main subaqueous and aerial crossings
c. Ground storage tanks and water pump stations
d. Wastewater Pump Stations Design
e. Water Pump Stations Design
III. Adaptation of the Water System Capital Improvement Plan (CIP)to shifting needs
IV. Adaptation of the Wastewater System Capital Improvement Plan (CIP)to shifting needs
V. Various studies, reports, etc.
5.ANTICIPATED RFQ TIMETABLE.The tentative schedule for this solicitation is as follows:
RFQ Issued January 28, 2022
Pre-Proposal Meeting February 10, 2022 @ 10:00 a.m. ET
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID: 142 018 858#
Deadline for Receipt of Questions February 23, 2022 @ 5:00 p.m. ET
Responses Due March 14, 2022 @ 3:00 p.m. ET
To join on your computer or mobile app
Click here to join the meeting
Or call in(audio only)
(1) Dial the TELEPHONE NUMBER: 1 786-636-1480
(Toll-free North America)
(2) Enter the MEETING NUMBER 883 910 03#
Evaluation Committee Review TBD
Tentative Commission Approval TBD
Contract Negotiations Following Commission Approval
6. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact: Telephone: Email:
Natalia Del•ado 305-673-7000 x26263 NataliaDel•ado. miamibeachfl.•ov
Additionally, the City Clerk is to be co•ied on all communications via e-mail at: RafaelGranado• miamibeachfl.•ov;
or via facsimile: 786-394-4188.
The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must
be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0100-5.
All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
7. PRE-PROPOSAL MEETING OR SITE VISIT(S). A pre-proposal meeting or site visit(s) may be scheduled.
Attendance for the pre-proposal meeting shall be via web conference and recommended as a source of information
but is not mandatory. Proposers interested in participating in the Pre-Proposal Meeting must follow these steps:
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
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Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 786-636-1480 United States, Miami
Phone Conference ID: 142 018 858#
Proposers who are participating should send an e-mail to the contact person listed in this RFQ expressing their intent
to participate.
8. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions.Only questions answered by written addenda
will be binding and may supersede terms noted in this solicitation.Addendum will be released through Periscope S2G.
Any prospective proposer who has received this RFQ by any means other than through Periscope S2G must register
immediately with Periscope S2G to assure it receives any addendum issued to this RFQ. Failure to receive an
addendum may result in disqualification of proposal. Written questions should be received no later than the date
outlined in the Anticipated RFQ Timetable section.
9. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the
City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible,for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of
such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement
Contact named herein with a copy to the City Clerk at rafaelgranado(p.miamibeachfl.00v
10. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to
require additional information from Proposers (or Proposer team members or sub-consultants) to determine:
qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial
capability(including, but not limited to,annual reviewed/audited financial statements with the auditors notes for each
of their last two complete fiscal years).
11. PROPOSER'S RESPONSIBILITY. Before submitting a response, each.Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements,and/or
failure to make such evaluations, investigations, and examinations,will not relieve the Proposer from any obligation to
comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis
for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer.
12.DETERMINATION OF AWARD.The City Manager may appoint an evaluation committee to assist in the evaluation
of proposals received.The evaluation committee is advisory only to the city manager.The city manager may consider
the information provided by the evaluation committee process and/or may utilize other information deemed
relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation
committee process and takes into consideration Miami Beach City Code Section 2-369, including the following
considerations:
(1)The ability,capacity and skill of the Proposer to perform the contract.
(2)Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3)The character, integrity, reputation,judgment,experience and efficiency of the Proposer.
(4)The quality of performance of previous contracts.
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(5)The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Manager may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of
the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's
recommendation and may approve such recommendation. The City Commission may also, at its option, reject the
City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of
the City, or it may also reject all Proposals.
13.NEGOTIATIONS. Following selection,the City reserves the right to enter into further negotiations with the selected
Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected
Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by
Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an
Agreement has been agreed to; approved by the City; and executed by the parties.
14. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility:" Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the Contract term.
15. PERISCOPE S2G (FORMALLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier-to-
Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations
released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier-to-
Government www.bidsvnc.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed
instructions on how to register, complete vendor qualifications and submit electronic bids visit
https://www.miamibeachfl.govlcity-hall/orocurement/for-approval-how-to-become-a-vendor/.
Should you have any questions regarding this system or registration, please visit the above link or contact Periscope
S2G, Supplier-to-Government at support(a.bidsvnc.com or 800.990.9339, option 1, option 1.
16. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to
registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web
page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor
Self-Service(VSS)webpage(https://selfservice.miamibeachfl.qov/vssNendors/default.aspx)will also provide you with
purchase orders and payment information.
Should you have any questions and/or comments,do not hesitate to submit them to vendorsupport anmiamibeachfl.gov
17. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement
of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National
LGBT Chamber of Commerce(NGLCC)and small and disadvantaged businesses,as certified by Miami-Dade County.
See authorizing resolutions here.
If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by
Miami-Dade County, click on the link below to be added to the City's supplier registry(Vendor Self-Service) and bid
system(Periscope S2G,Supplier-to-Government).These are two different systems and it is important that you register
for both.
Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procurement/how-to-
become-a-vendor/.
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SECTION 0200 GENERAL CONDITIONS •
TERMS & CONDITIONS —SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer
agrees to be bound by and in compliance with the Terms and Conditions for Services (dated April 13, 2020),
incorporated herein,which may be found at the following link:
https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/
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SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1.ELECTRONIC RESPONSES(ONLY).Proposals must be submitted electronically through Periscope S2G(formerly
BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or
facsimile are not acceptable and will be rejected.
A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the
deadline for proposal submittals.The City will only consider the latest version of the bid.
Electronic proposal submissions may require the uploading of attachments. All documents should be attached as
separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded
documents or proprietary file extensions are prohibited. It is the Bidders responsibility to assure that its bid, including
all attachments, is uploaded successfully.
Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal
submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted.
Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical
issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or
S2G a(�periscopeholdinos.com.The City cannot assist with technical issues regarding submittals and will in no way be
responsible for delays caused by any technical or other issue.
It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in Periscope S2G
prior to the deadline for proposal submittals.
2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non-
responsiveness. Non-responsive proposals will not be considered.
1. Bid Submittal Questionnaire(submitted electronically).
3.OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire
(submitted electronically) with the bid and by the deadline for submittals shall render a proposal non-
responsive. With the exception of the Bid Submittal Questionnaire(completed and submitted electronically),the City
reserves the right to seek any omitted information/documentation or any additional information from Proposer or other
source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant
individuals, client information, financial information, or any information the City deems necessary to evaluate the
capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or
additional information in accordance with the City's request shall result in proposal being deemed non-responsive.
4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist
the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed
in accordance with the tabs,and sections as specified below.The electronic submittal should be tabbed as enumerated
below and contain a table of contents with page references. The electronic proposal shall be submitted through the
"Line Items"attachment tab in Periscope S2G.
TAB 1 Cover Letter&Table of Contents
Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for
the purposes of this solicitation. The table of contents should indicate the tabs,sections with tabs and page numbers
to facilitate the evaluation committee's review.
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TAB 2 Experience&Qualifications of the Firm and Team
SUBMIT THE BELOW REQUESTED INFORMATION UTILIZING THE ENCLOSED STANDARD FORM 330
(APPENDIX D)—ARCHITECT-ENGINEER QUALIFICATIONS
2.1 Qualifications of Proposing Firm.Utilizing the enclosed Standard Form 330(Appendix B)—Architect Engineer
Qualifications, submit detailed information regarding the relevant experience and proven track record of the firm
and/or its principals in providing the scope of services similar as identified in this solicitation, including experience
in providing similar scope of services to public sector agencies, with emphasis on the following areas of expertise:
Submit at least three(3)projects relevant to each area of expertise,performed within the last ten (10)years
as evidence of the requested experience. Projects must be submitted in the order indicated below.Bidders
are not limited to the ten (10)project maximum noted on the Standard Form 330(Appendix B).
a. WaterBooster Pump Stations and Sewage Pumps Stations. Experience must include the design of a triplex
pump station,or larger, and 1,000 gallons per minute(gpm)or greater in capacity;.and the design of a dry
well/wet well pump station configuration.
b. Inflow and Infiltration Reduction and Sanitary Sewer Evaluation Surveys.These projects must also include
compliance with Miami-Dade County Department of Regulatory and Economic Resources(DRER)Sanitary
Sewer Evaluation Survey(SSES)requirements.
c. Force Mains and Water Mains. Experience must include urban design of a 36-inch or larger water main of
at least 1,000 continuous linear feet in length and a 42-inch force main or larger of at least 1,000 continuous
linear feet in length.
d. Gravity Sewer Systems. Experience must include the design of a 24-inch or larger gravity sewer system
of at least 500 continuous linear feet in length
e. Trenchless Technologies for Pipe Installation/Rehabilitation. Experience must include a horizontal
directional drill of a 24"diameter pipe or larger crossing under Florida waters.
f. Water hydraulic modeling utilizing the InfoWater software to assess the capacity of a water distribution
system and assess the impacts of private development.
g. Wastewater hydraulic modeling utilizing InfoWorks software to assess the capacity of a wastewater
collection and transmission system.Experience must include the analysis of gravity sewers and the analysis
of pump stations and force mains.
h. Experience in Public Outreach. Some of this experience must be in Miami Beach.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all the prime proposers personnel,each
team members'qualifications and the role that each team member will play in providing the services detailed herein.
A resume of each individual, including education, licensure, relevant experience, and any other pertinent
information,shall be included for each respondent team member to be assigned to this contract.
2.2.1 Project Experience.Submit detailed information regarding the relevant experience and proven track
record of each team member in providing the scope of services similar as identified in this solicitation,
including experience in providing similar scope of services to public sector agencies,with emphasis on the
following areas of expertise:
Submit at least three (3) projects relevant to each area of expertise, performed within the last ten
(10) years as evidence of the requested experience. Projects must be submitted in the order
indicated below. Bidders are not limited to the ten (10) project maximum noted on the Standard
Form 330(Appendix B).
a. Water Booster Pump Stations and Sewage Pumps Stations. Experience must include the design of a
triplex pump station,or larger, and 1,000 gallons per minute(gpm)or greater in capacity; and the design of
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a dry well I wet well pump station configuration.
b. Inflow and Infiltration Reduction and Sanitary Sewer Evaluation Surveys. These projects must also
include compliance with Miami-Dade County Department of Regulatory and Economic Resources(DRER)
Sanitary Sewer Evaluation Survey(SSES) requirements.
c. Force Mains and Water Mains. Experience must include urban design of a 36-inch or larger water main
of at least 1,000 continuous linear feet in length and a 42-inch force main or larger of at least 1,000
continuous linear feet in length.
d. Gravity Sewer Systems. Experience must include the design of a 24-inch or larger gravity sewer system
of at least 500 continuous linear feet in length
e. Trenchless Technologies for Pipe Installation/Rehabilitation. Experience must include a horizontal
directional drill of a 24"diameter pipe or larger crossing under Florida waters.
f. Water hydraulic modeling utilizing the InfoWater software to assess the capacity of a water distribution
system and assess the impacts of private development.
g. Wastewater hydraulic modeling utilizing InfoWorks software to assess the capacity of a wastewater
collection and transmission system.Experience must include the analysis of gravity sewers and the analysis
of pump stations and force mains.
h. Experience in Public Outreach. Some of this experience must be in Miami Beach.
TAB 3 Approach and Methodology
Submit detailed information on the proposed approach and methodology. Include information on approach and
methodology that the Proposer and its team have successfully utilized on previous engagements to accomplish a
similar scope of work. The information to be provided within this tab should address, but need to be limited to the
following:
• project planning;
• project phasing;
• strategies to meet schedule and budget requirements without compromising quality, considering both
design and construction phases;
• quality assurance/quality control management plan;
• change management plan; and
• project communications and public outreach plan.
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SECTION 0400 PROPOSAL EVALUATION
1. EVALUATION OF PROPOSALS.All responsive proposals will be evaluated in accordance with
this section. If more than one proposal is received, the City Manager may appoint an Evaluation
Committee to consider and provide feedback on the qualitative factors of each proposal. In the event
that only one responsive proposal is received, the City Manager, after determination that the sole
responsive proposal materially meets the requirements of the RFQ, may, without an evaluation
committee,recommend to the City Commission that the Administration enter into negotiations. In the
evaluation of proposals, Proposers may be requested to make additional written submissions of a
clarifying nature or oral presentations to the Evaluation Committee. Failure to provide the requested
information within the time prescribed may result in the disqualification of proposal.
2. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance
with the following criteria:
3. QUALITATIVE CRITERIA. The Evaluation Committee shall review responsive, responsible
proposals and assign points for the qualitative factors only. The Evaluation Committee shall not
consider quantitative factors (e.g. revenue) in its: review of proposals. The Evaluation Committee
shall act solely in an advisory capacity to the City Manager.The results of the Evaluation Committee
process do not constitute an award recommendation.The City Manager may utilize,but is not bound
by,the results of the Evaluation Committee process,as well as consider any feedback or information
provided by staff, consultants or any other third-party in developing an award recommendation in
accordance with Section 0100, Sub-section 112. In its review of proposals received,the Evaluation
Committee may review and score all proposals, with or without conducting interview sessions, in
accordance with the following criteria.
Qualitative Criteria Maximum Points
Experience and Qualifications of the Proposing Firm 50
Experience and Qualifications of the Team 30
Approach and Methodology . 20
TOTAL AVAILABLE POINTS for Qualitative Criteria 100
Quantitative Criteria Maximum Points
Veterans Preference 5
Prime Proposer Volume of Work (0-5 Points). Points awarded
to the proposer for volume of work awarded by the City in the
last three(3)years in accordance with the following table: 5
Less than$250,000 5
$250,000.01 —$2,000,000 3
Greater than$2,000,000 0
TOTAL AVAILABLE POINTS for Qualitative, Quantitative 110
and Veteran's Preference Criteria
4.QUANTITATIVE CRITERIA. Procurement Department staff will assign points for the quantitative
criteria. Veterans' Preference points will be assigned in accordance with Section 2-374 of the City
Code
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5. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be
converted to rankings in accordance with the example below:
Proposer A Proposer B Proposer C
Qualitative Points 82 74 80
Committee Quantitative Points 5 5 0
Member 1 Total 87 79 80
Rank 1 3 2
Qualitative Points 82 85 72
Committee Quantitative Points 5 5 0
Member 2 Total • 87 90 72
• Rank 1 2 3
Qualitative Points 90 74 66
Committee Quantitative Points 5 5 0
Member 2 - Total 95 . 79• 66
Rank 1 2 3
Low Aggregate Score 3 7 8
Final Ranking* 1 2 3
It is important to note that the results of the proposal evaluation process in accordance with Section
0400 does not represent an award recommendation.The City Manager will utilize the.results of the
proposal evaluation process, and any other information he deems appropriate,to develop an award
recommendation to the City Commission,which may differ from the results of the proposal evaluation
process and final rankings. .
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APPENDIX A
MIAMI BEACH
Special Conditions
•
2022- 122-N D
ENGINEERING SERVICES FOR WATER
& WASTEWATER SYSTEMS PROJECTS
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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1. Term of Contract. It is expected that any resulting agreement shall be valid for a term of
three(3)years from the effective date.The contract could be extended for an additional two
(2),one(1)year terms, at the sole discretion of the City Manager.
2. Additional Terms or Conditions.This RFQ, including the attached Contract,contains all the
terms and conditions applicable to any service being provided to the City resulting from award
of contract. By virtue of submitting a proposal,consultant agrees not to require additional terms
and conditions at the time services are requested, either through a separate agreement,work
order,letter of engagement or purchase order.
3. Change of Project Manager.A change in the 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 an Assistant City Manager). Replacement (including
reassignment) of an approved project manager or public information officer shall not be
made without submitting a resume for the replacement staff person and receiving prior
written approval of the City Manager or his designee(i.e.the City project manager).
4. Sub-Consultants. The Consultant shall not retain, add, or replace any sub-consultant
without the prior written.approval of the City Manager, 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 Manager 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 the services performed by
sub-consultants shall be the sole responsibility of Consultant.
5: Licensure. Consultant shall hold a "Certificate of Authorization" by the State of Florida,
Division of Business and Professional Regulations, as applicable.
6. Roadmap. Firms providing professional services under continuing contracts shall not be
required to bid against one another.The user department may select the consultant it deems
to be most qualified for the particular project.
6.1 Approval of Task Orders for Prime Consultant. Prior to the commenced of work on
any, a task order and corresponding purchase order must be issued by the City. Task
orders that exceed the "continuing contract" limits established in 287.055 (i.e., study
activities with fees greater than $500,000 or professional services for projects with an
estimated construction cost greater than $4 million) shall be approved by the City
Commission.Task order for lesser amounts may be approved by the City Manager.
6.2 Approval of Task Orders for Pool.Consultants. Prior to the commenced of work on
any, a task order and corresponding purchase order must be issued by the City.Task
orders are limited to the"continuing contract"limits established in 287.055.
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APPENDIX B
MIAMI
BEACH
Sample Contract
2022- 122-ND
ENGINEERING SERVICES FOR WATER
& WASTEWATER SYSTEMS PROJECTS
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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AGREEMENT BETWEEN
CITY OF MIAMI BEACH` ,1 \ r*
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RESOLUTION;NO.XXXXXX
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TABLE OF CONTENTS
DESCRIPTION
PAGE
ARTICLE 1. DEFINITIONS 4
ARTICLE 2. BASIC SERVICES 9
ARTICLE 3. THE CITY'S RESPONSIBILITIES .
,, 134
/21
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTON // " .
COST 154
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ARTICLE 5. ADDITIONAL SERVICES .i s' \ ''// 177
ARTICLE 6. REIMBURSABLE EXPENSES ,, . 19
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ARTICLE 7. COMPENSATION FOR SERVICES/1-- --T\ \- :\\ I/ 20
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ARTICLE 8. CONSULTANT'S ACCOUNTING-AND„OTHE/R RECORDS/ 21
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ARTICLE 9. OWNERSHIP OF PROJEC1,DOCUMENTS 21
21
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ARTICLE 10. TERMINATION OF AGREEMENj\ s'-. N/ • 22
ARTICLE 11. INSURANCE7,:;"----- '`\ \ sN-., 23
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ARTICLE 12. INDEMNIFICATIONAN6-HOLD HARMLESS 244
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ARTICLE 13. ERRO,RS-AND OMISSIONS 245
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ARTICLE 14. LIMITATION-9F,L1)NBILITI 255
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ARTICLE-15. NOTICE \\'(/ -/ 255
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ARTI4E16,-FLORIINk PUBLIC RECORDS LAW 296
ARTICLE 17. INSPECTOR GENERAL AUDIT RIGHTS. 28
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ARTCILE 18. MISCELLANEUS PROVISIONS 29
SCHEDULES:
SCHEDULE A 36
SCHEDULE B 38
SCHEDULE C 39
2
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ATTACHED SEPARATELY:
ATTACHMENT A: Resolution and Commission Award Memorandum
ATTACHMENT B: Addenda and Request for Qualifications (RFQ) Solicitation
ATTACHMENT C: Consultant Proposal Response to RFQ and Sunbiz
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AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH •
AND
XXXXXXXX
FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES`IN SPECIALIZED
CATEGORIES "AS-NEEDED" BASIS f
This Agreement made and entered into this day of ✓ "\ \ ,;220r
(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 offces at 1700 Convention Center Drive,
Miami Beach, Florida,33139,(hereinafter referred to as City),and XXXXXX.,a Flonda corporation
having its principal office at XXXXXX(hereinafter referred'to as Consultant)
WITNES'iETH: \`•
WHEREAS, on XXXXX, the City Comrnlssi n approved the issuance of Request for
Qualifications No. XJI;X)CXXX(the RFQ);�and \,
N
WHEREAS, the RFQ was intendedt`provide'accessto architectural and engineering
consulting firms in accordance with the Flo Co Competitive Negotiation Act for future
work as the need may arise; and l�
WHEREAS, on XXXXX;�the2City,!\Commission 'approved Resolution No. XXXX,
respectively,authorizing the City to°enter into:negotiations with XXXXX and, if successful,execute
an agreement with the Consultant pursuant to"the RFQ; and
WHEREAS, City and ,C theonsultanthave negotiated the following agreement pursuant to
the RFQ; ands+
/,OW'THEREFORE,City and Consultant, in consideration of the mutual covenants and
agreement herein contained` agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Definitions.-The definitions included in this Section are not exhaustive of all definitions
used in this Ag'reement. Additional terms may be defined in other Contract Documents. The
following terms shall have the meanings specified herein unless otherwise stated herein:
ADDITIONAL SERVICES: "Additional Services"shall mean those services, in addition to the
Basic Services in this Agreement, as described in Article 5 and the Consultant Service Order,
which the Consultant shall perform, at the City's option, and which must be duly authorized, in
writing, by the City Manager or his authorized designee, prior to commencement of same.
4
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APPLICABLE LAWS: "Applicable Laws" means all laws, statutes, codes (including, but not
limited to, building codes), ordinances, rules, regulations, lawful orders and decrees of
governmental authorities having jurisdiction over the Project, the Project Site or the Parties.
BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant(and approved by the City)as being within the Construction Cost
Budget. "Base Bid"shall not include additive alternates or deductive alternates.
BASIC SERVICES: "Basic Services"shall include those services which Consultant shall perform
in accordance with the terms of the Agreement, as described in Articl2"and the Consultant
Service Order. Any Services not specifically enumerated as Additional Services (as defined
herein) shall also be considered Basic Services. N.
f a
CITY(OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention enter Drive, Miami Beach;'Florida,
33139. In all respects hereunder, City's obligations and perf,Cormance is pursuant:to.Cj,ty's position
as the owner of the Project acting in its proprietary capacity. In the event City,/exercises its
regulatory authority as a governmental body including, but nopimited to, its�\regulatory authority
for code inspections and issuance of Building Department pe rmits, Public,Works Department
permits, or other applicable permits within its jurisdictiori;4he exercise`of such regulatory authority
and the enforcement of any Applicable Laws<shall be deemed to have,occurred pursuant to City's
regulatory authority as a governmental body and`shail not be attributable in any manner to City
as a Party to this Agreement.
\'�1 `
CITY COMMISSION: "City Commission"sha .
ll'mean thug yerning and legislative body of the
City. \ • •
CITY MANAGER: The"City Manager"shall mean the chief administrative officer of the City. The
City Manager shall also be construed to include,any duly authorized representatives designated
by the City Manager in writing, including the Project Administrator, with respect to any specific
matter(s) concerning the,_Services and/or this Agreement (exclusive of those authorizations
reserved to the City Commission under this/Agreement, or to regulatory or administrative bodies
having jurisdiction over the
CONSTRUCTION COST\BUDGET:The "Construction Cost Budget" shall mean the amount
budgeted and established`by the City to provide for the cost of construction of the Work for the
Projeck"Construction,Cost");as set forth in the Consultant Service Order.
CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final (100%
completed) plans, technical specifications, drawings, schematics, documents, and diagrams
prepared by the architect/engineer of record for the Project,setting forth in detail the requirements
for the construction of the Project. The Construction Documents shall set forth in full all details
necessary to complete the construction of the Project in accordance with the Contract Documents.
Construction Documents shall not be part of the Contract Documents, until(a)the Consultant has
submitted completed Construction Documents to the City and (b) they have been reviewed and
approved by the City and any agencies having jurisdiction in accordance with the procedures as
otherwise provided by the Contract Documents.
CONSULTANT: The named entity on page 1 of this Agreement, the"Consultant"shall mean the
qualified and properly professionally licensed professional in the State of Florida and as otherwise
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required by any entities,agencies, boards,governmental authorities and/or any other professional
organizations with jurisdiction governing the professional practice area for which the professional
has been engaged by City and who will perform(or cause to be performed through subconsultants
acceptable to the City) all Services required under this Agreement and/or Consultant Service
Order. When the term "Consultant" is used in this Agreement it shall also be deemed to include
any officers, employees, or agents of Consultants, and any other person or entity acting under
the supervision, direction, or control of Consultant to provide any Services or similar professional
services with respect to a Project("subconsultants").The Consultant shall not be replaced by any
other entity, except as otherwise permitted in this Agreement. Further, any subconsultant that
may perform Services on behalf of the Consultant shall be a qualified and'properly professionally
licensed professional in the State of Florida and as otherwise requiredb any entities, agencies,
boards, governmental authorities and/or any other professional organizations with jurisdiction
governing the professional practice area for which the subconsultant:has..beir engaged by
Consultant to perform professional services in connection with the Project. The subconsultants
in Schedule "D", attached hereto, are hereby approved by the City Manager'fo'the Project.
CONSULTANT SERVICE ORDER:Consultant Service'Order shall mean the Work/order issued
by the City to Consultant (in substantial form as in Schedule Q attached hereto),/that specifically
describes and delineates the particular Services'(a ic,Services and/or,),dditional Services)
which will be required of Consultant for the Project that is the subjectof such Consultant Service
Order, and which may include studies or studyactivity, and/or professional services as defined in
Section 287.055 of the Florida Statutes.
\ \`
CONTRACT AMENDMENT: "Contract\Amendment"'shall mean a written modification to the
Agreement approved by the City(as specified-beelow)and'executed between City and Consultant,
covering changes, additions, or reductions\in the\terms.,,of this Agreement including, without
limitation, authorizing a change-in-the Services;or`the method and manner of performance
thereof, or an adjustment in the fee-and/or,eompletion,dates.
Contract Amendments shall be approved -in-accordance with Contract Approval Authority
Procedure 03.02.The City.Manager reserves the right to seek and obtain concurrence of the City
Commission for approval.of any such Contract Amendment.
CONTRACT DOCUMENTay`Contract Documents shall mean this Agreement(together with all
exhibits;addenda, Consultant Service Orders and written amendments issued thereto), and all
Design(Documents and Construction Documents. The Contract Documents shall also include,
without fimitation-(together'with all exhibits, addenda, and written amendments issued thereto),
the Request-for Qualifcations(RFQ), instructions to bidders, bid form, bid bond, Design Criteria
Package (if any), the} Contract for Construction, surety payment and performance bonds,
Conditions of.the Contract for Construction (General, Supplementary, and other Conditions),
Divisions 0-17`specifications, an approved Change Order(s), approved Construction Change
Directive(s), and/dr approved written order(s) for a minor change in the Work.
CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding
agreement between City and Consultant for performance of the Work covered in the Contract
Documents, including, without limitation, a general Consultant, construction manager, design-
builder or any other duly licensed construction Consultant selected pursuant to any other
procurement methodology available under Florida law. .
CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company,
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corporation,joint venture,or other entity contracting with City for performance of the Work covered
in the Contract Documents.
DESIGN CRITERIA PACKAGE or DCP: "Design Criteria Package" means concise,
performance-oriented drawings or specifications of a design-build Project, prepared for the
purpose of furnishing sufficient information to permit design-build firms to prepare a bid or a
response to a City request for proposal, or to permit the City to enter into a negotiated design-
build contract. The Design Criteria Package must specify performance-based criteria for the
design-build Project, including the legal description of the site, survey information concerning the
site, interior space requirements, material quality standards, schematic,layouts and conceptual
design criteria of the project, cost or budget estimates, design and construction schedules, site
development requirements, provisions for utilities, stormwater retenttion'and disposal,and parking,
requirements applicable to the project. )
DESIGN DOCUMENTS: Design Documents meansall plans, drawings specifications,
schematics and all other documents which set forth in full,,the design of the Project/and fix and
describe in detail the size, configuration and character<ofttheNProject concernind.all items of the
Project necessary for the final preparation of the 100%`°completed, permitted Construction
Documents in accordance with the requirements�of t eheh ContractDocuments5including, without
limitation, all architectural and engineering elements as'may be app\opriate: Design Documents
shall not be part of the Contract Documents;-until\(a) the1Consultant has submitted completed
Design Documents to the City andlb) they have-:been reviewed and/approved by the City and
agencies having jurisdiction in accordance\with the procedures as provided by the Contract
Documents. However, approval by the City'shall not in`anyvay be construed, interpreted and/or
deemed to constitute a waiver or excuse\Consultant's obligations to ensure the Design
Documents are constructible, in compliance`with.,all,Applicable Laws and in accordance with the
Contract Documents. ,, '
PROJECT: The"Project"shall mean that certain City capital project described in the Consultant
Service Order. \T�`--„.,` :�,.
Project Cost:., The `Project2Cost" shall mean the estimated total cost of the
Project, as\describedin•the Consultant Service Order(CSO)
- Project Scope: The "Project Scope" shall mean the description of the Project, as
r, described in the Consultant Service Order(CSO).PROJECT ADMINISTRATOR: The"Project Administrator"shall mean the individual designated
by the City Manager who shall be the City's authorized representative to issue directives and
notices on behalf of the,City with respect to all matters concerning the Services of this Agreement
(exclusive of thoseauthorizations reserved to the City Manager or City Commission under this
Agreement, or to regulatory or administrative bodies having jurisdiction over the Project).
PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the RFQ, together with all
amendments or addenda thereto (if any), 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 Agreement shall prevail. Consultant's proposal in
response to the RFQ is included for reference purposes only and shall not be incorporated as
part of this Agreement, except with respect to Consultant's representations regarding the
qualifications and experience of Consultant and its key personnel, its commitment to provide the
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key personnel listed therein, and its capability to perform and deliver the Services in accordance
with this Agreement and consistent with the all representations made therein.
SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and
referred to as follows:
Schedule A—Consultant Service Order
Schedule A-1 — Consultant Compensation
Schedule B— Hourly Rate Schedule
Schedule C— Approved Subconsultants , ;✓/"--'
SCOPE OF SERVICES: "Scope of Services"shall include the Project Scope, Basic\Services, and
any Additional Services (as approved by the City), all as described`in Schedu jl"A"'hereto.
SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed
pursuant to or undertaken under this Agreement, including services delineatethas'`part of the
Scope of Services. ` y.�
\. i\
SOFT COSTS: "Soft Costs"shall mean costs related to the Project,other than-Construction Cost
including, without limitation, Consultant's Basic'Services, Additional•-Services, surveys, testing,
general consultant, financing, permitting fees,°and'other similar costs;,as determined by the City,
that are not considered as direct costs for/the construction'of the Project.
STATEMENT OF PROBABLE CONSTRUCTION COST:\\The "Statement of Probable
Construction Cost" shall mean the detailed'estimate prepared by Consultant in Construction
Standard Index(CSI)format or other format'app`roved by the-Project Administrator,which includes
the Consultant's estimated tota('construction cost,to-the City of the Work for the Project (as
established in the Contract Documents;as\they may be amended from time to time). The
Statement of Probable Construction,�Cost shall be insufficient detail to identify the costs of each
element of the Project and.include breakdo not the fees, general conditions and construction
contingency for the Project. Costs shall be adjusted to the projected bid date to take into account
anticipated price escalations
WORK: "Work" shall mean;,all labor,,materials, equipment, supplies, tools, machinery, utilities,
fabrication,--transportatio Insurance, bonds, permits and conditions thereof, building code
changes and g n;overnment pprovals, licenses, tests, quality assurance and/or quality control
inspections and related certifications, surveys, studies, and other items, work and services that
are necessaryor appropriatelor the total construction, installation, and functioning of the Project,
together with all additional, collateral and incidental items, and work and services required for
delivery of a ,completed, fully functional and functioning Project as set forth in the Contract
Documents. • ` ='
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, 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 the Project Administrator. Consultant shall
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countersign the Consultant Service Order upon receipt and return the signed copy to the City.
2.3 As it relates to the Services and the Project, Consultant warrants and represents to the
City that it is knowledgeable of and shall comply with all Applicable Laws. The Consultant agrees
to comply with all 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.
2.4 The Consultant warrants and represents to the City that all of the Services required under
this Agreement shall be performed in accordance with the standard of carenormally exercised in
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 the City that it is responsi l forthe technical
accuracy of the Services. '� )
2.5 The Consultant's Basic Services may consist of various tasks, including.planryng, design,
bidding/award, preparation of a DCP, studies, construction administration, 'and Additional
Services(as may be approved),all as further described in theConsultant Service'Order; and shall
also include any and all of Consultant's responsibilities andobligations with respect to the Project,
as set forth in the General Conditions of the Contract for.,Construction.)
2.6 RESPONSIBILITY FOR CLAIMSAND LIABILITIES: No action or omission by City shall
waive or excuse Consultant's obligations under the\Agreement and/or other Contract Documents
and that Consultant shall remain fully liable*all work performed by Consultant including,without
limitation, any design errors or omissions(if\applicable to the services performed by Consultant).
Written decisions and/or approvals issued IkthiCity,shall not constitute nor be deemed a release
of the responsibility and liability of-th Consultant`'(or'any subconsultants), for the accuracy and
competency of the Services, nor.shall any City approval and/or decisions be deemed to be an
assumption of such responsibility by thedCity'for a defect, error or omission in the Services.
Moreover, neither the City's inspection,\eview;approval or acceptance of, nor payment for, any
Services required under the Agreements hall be construed to relieve the Consultant (or any
subconsultant)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 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 to comply with the terms,and conditions of the Agreement or by the Consultant's misconduct,
unlawful;acts,.negligent acts errors or omissions in the performance of the Agreement.
)f
2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in
this respect, the parti_eVagree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the City
and Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall
be in effect for three (3) years ("Initial Term"), plus two (2), one (1) year renewal options,
to be exercised at the sole discretion of the City Manager(Initial Term and any renewals •
shall be collectively referred to as the "Term"). Notwithstanding the preceding Term,
Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the
Consultant Service Order, including the time for completion of the work and/or services
for such Project(as set forth in the particular Consultant Service Order).
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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 Recognizing that the construction of other projects within the City may affect
scheduling of the construction for the Project, the Consultant shall diligently coordinate
performance of the Services with the City (through the Project Administrator) in order to
provide for the safe, expeditious, economical and efficient completion of the Project,
without negatively impacting concurrent work by others.
2.7.4 The Services shall be performed'in a manner that shalllconform.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 authorities having jurisdictionovver the Project) to
approve the Consultant's submissions, or any other portion of ttie,,Service requiring
approval by the City (or other governmental authorities having jurisdiction over the
Project). Consultant shall immediately provide the Project Administrator wit i 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 documentatio ias the-Project Administrator
may require), the Project Administrator may grant a reasonable extension of time for
completion of the particular work involved,and authorize thatthe appropriate adjustment
be made to the Project Schedule`. The Project Administrator's approval (if granted) shall
be in writing.
47
2.8 Consultant shall use its best efforts\to maintain a on tructive, professional, cooperative
working relationship with the/ProjectAdministrator,Consultant, and any and all other individuals
and/or firms that have been contracted;or otherwise`,refained, to perform work on the Project.
2.9 The Consult nt shall performs 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: v
2.10 The Consultant`his' responsible for the professional quality, technical accuracy,
completeness, performance and coordination of all Services required under the Agreement and
underythe Consultant4Service-Order(including the services performed by subconsultants), 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\disciplir s required for the performance of such Services in the State of Florida.
The Consultant ;r`esponsible for and shall represent to City that the Services conform to the
City's requirements, the Contract Documents and all Applicable Laws. The Consultant shall be
and remain liable to the City for all damages to the City 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. The Consultant shall also be liable for the
replacement or repair of any defective materials and equipment and for the cost of the re-
performance of any non-conforming construction work resulting from such deficient Services (i)
for a period from the Effective Date of this Agreement, until twelve (12) months following final
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acceptance of the Work. The Project Administrator shall notify the Consultant, in writing, of any
deficiencies and shall approve the method and timing of the corrections.
2.11 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,
Consultants, 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 relating to comparable projects; or which are inconsistent with Applicable Laws; or
which are inconsistent with standards, decisions or approvals provided by thety under this
Agreement. Consultant will use reasonable care and skill, in accordan
Ci
ce and'conslstent 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.
Consultant shall address comments forwarded to it in a t Oly 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. \� I
2.11.1 The Consultant is advised that ayperformance evaluation ofthe Services rendered
throughout this Agreement will be completed byjthle City an kept in the City's files for
evaluation of future solicitations. 79 `�.� ;/
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 personriefto-provide •
2.13 Consultant agrees to designate, in wnting, within five (5) calendar days after receiving a
fully executed Consultant Service Order, a qualified licensed professional to serve as its project
manager (hereinafte'r'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`theServices. Consultant s Project Manager (as well as any
replacement) shall be subjebt to-The/prior written approval of the City Manager or the Project
Admin strraato Replacement(includin reassignment) of an approved Project Manager shall not
be made without the prion.written approval of the City Manager or his designee (i.e. the Project
Administrator).-----
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
from the CityrlVlanager or the Project Administrator (which notice shall state the cause
therefore),-to-promptly remove and replace a Project Manager, or any other personnel
employedor otherwise retained by Consultant for the Project(including,without limitation,
any subconsultants).
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 the Project Administrator, 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 subconsultants to comply with this subsection.
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2.15 The City and Consultant acknowledge that the Services, as described in the Agreement
and the Consultant Service Order, 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, then Consultant shall promptly
notify the Project Administrator, in writing, and shall obtain the Project'Administrator'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 writtenc,ponsent`of the Project
Administrator, 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 serviceKdelineate'd;in the
Consultant Service Order(whether or not specifically addressed in the Scope of\Services). Mere
notice by Consultant to the Project Administrator shall not/Constitute authorization or.-approval by
the City to perform such work. Performance of any such work and/or services by Consultant
without the prior written consent of the Project Administratoi-sl all be underteken`�at Consultant's
sole risk and liability. ,%- _;� N-.�
2.16 Consultant shall establish, maintain, and categorize any and,all Project documents and
records pertinent to the Services and shall•provid •th ee\Clty, 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 THE CITY HAS NO OBLIGATION'TO\ASSIST, FACILITATE AND/OR PERFORM IN
ANY WAY THE CONSULTANT'S,OBLIGATIONS\UNDER THE AGREEMENT OR OTHER
CONTRACT DOCUMENTS.•`::,T--HE`CITY'S PARTICIPATION, FACILITATION AND/OR
ASSISTANCE TO THE CONSUCT,ANT`SHALL BEAT ITS SOLE DISCRETION AND SHALL
NOT, IN ANY WAY, BE CONSTRUED;'--1NTERPRETED AND/OR CONSTITUTE AN
ASSUMPTION BY\:THE CITY OF':,CONSULTANT'S OBLIGATIONS, A WAIVER OF
CONSULTANT'S OBLIGATIONS AND/OR: XCUSE ANY BREACH BY CONSULTANT OF ITS
OBLIGATIONS UNDER THE;•CONTRACT DOCUMENTS. THE PARTICIPATION IN THE
PERFORMANCE OF ANY OF'CONSULTANT'S OBLIGATIONS SHALL NOT PRECLUDE THE
CITY FROM•DECLARING'CONSULTANT IN DEFAULT FOR CONSULTANT'S FAILURE TO
PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY WAY, THE CITY'S RIGHTS
AND 'REMEDIES—IN CONNECTION THEREWITH. THE CONSULTANT EXPRESSLY
ACKNOWLEDGES:<AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY
CLAIM,ACTION,SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE,THE CITY'S
PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF
CONSULTANT'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION, ASSISTING WITH
OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES, OR OTHER MATTERS
RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION
AND/OR ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT
DOCUMENTS, THIS SECTION SHALL GOVERN.
2.18 GREEN BUILDING STANDARDS: If applicable, the Consultant shall comply with the
requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both
may be amended from time to time, addressing applicable Leadership in Energy and
Environmental Design (LEED) compliance requirements.
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•
2.19 SUBCONSULTANTS: All services provided by subconsultants 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 subconsultants, which 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 the
subconsultants.
The Consultant shall not retain, add, or replace any subconsultant without,the prior written
approval of the City Manager, in response to a written request from,the Consultant stating the
reasons for any proposed substitution. The Consultant shall cause thenemes of'subconsultants
responsible for significant portions of the Services to be inserted on theplans and specifications.
� ., 11 )3
The Consultant shall be ultimately responsible for ensuring the Consultant's andt,:fali of its
subconsultants' compliance with the requirements of thisSection and any other provision of the
Agreement and/or Consultant Service Order. With .respect to the performance'of work by
subconsultants, the Consultant shall, in approving_and`accepting such work, ensure the
professional quality, completeness, and coordinatio i.o_f the subconsultant s,work.
The Consultant shall, upon the request of the Clty, submit'to the City such documentation and
information as the City reasonably requests to evidence-the creatiop"standing, ownership and
professional licensure of the Consultant (and\subonsultants), including organizational
documents, operating agreements and professional licensurtoe documentation, and copies of the
Consultant's contracts with the subconsultant with respect 'the Project. However, the City's
failure to request such documentation or evidence and/or failure to enforce in any way the terms
and provisions of this Section,the Agreement and%or`any other Consultant Service Order during
the Project does not excu e,'waive and/ocondone'in any way any noncompliance of the
requirements set forth therein including, without limitation, the professional licensure
requirements. Any_ approval of a sconsultant by the City shall in no way shift from the
Consultant to City the ub responsibility for the quality and acceptability of the services performed by
the subconsultant. Payment-of subconsultants shall be the sole responsibility of the Consultant
and shall not be cause\for any_increa_s7e in compensation to the Consultant for payment of the
Services. ' \,,17
,!�
} ARTICLE 3.THE CITY'S RESPONSIBILITIES
..^.'ems"•"`-�" �.,.: t�
3.1 The City Manager shall designate a Project Administrator, who shall be the City's
authorized rep esentetive to act on City's behalf with respect to the City's responsibilities or
matters requiring-City's approval under the Contract Documents. The Project,Administrator 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. The Project
Administrator shall have full authority to require the Consultant to comply with the Contract
Documents, provided, however, that any failure of the Project Administrator to identify any
noncompliance, or to specifically direct or require compliance, shall in no way constitute a waiver
of, or excuse, the Consultant's obligation to comply with the requirements of the Contract
Documents.
3.2 The City shall make available to Consultant, for the convenience of the Consultant only,
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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 and assumes no responsibility whatsoever with respect to,the
sufficiency, completeness or accuracy of such information. The Consultant 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 measufes(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 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 eervices to
verify the Consultant's applications for payment, or to ascertain that Consultant..has properly
remitted payment due to its subconsultants or vendors):`--'.,\
3.4 If the City observes or otherwise becomes eware,.of any•fault or defect in the Project, or
s;th
non-conformance with the Contract Documente City, through'the•Project Administrator, shall
give prompt written notice thereof to the Consultants ; )
3.5 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 Seryisand of the Work.
3.6 The City Commissionshall-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:
,, _
3.6.1 The City Commission shaU be the-body to consider, comment upon, or approve any
assignment,`sale,._transfer or subletting of this Agreement. Assignment and transfer shall
be defined to also.include sale of tle'majority of the stock of a corporate consultant.
3.6.2,Contract�Ameridments shall be approved in accordance with Contract Approval
,Authority Procediker03.02 ors amended.
3.7 t 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.
3.7.1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any subconsultants (and any replacements).
3.7.2 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
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City Commission on such matters.
3.7.3 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.
3.7.4 Contract Amendments shall be approved in accordance with Contract Approval
Authority Procedure 03.02 or as amended. �r1"
3.7.5 The City Manager may, in his/her sole discretion,forma committe,aor committees,
or inquire of, or consult with, persons for the purposeNof.\receivilig\advice and
recommendations relating to the exercise of the City's powers, duties rand responsibilities
under this Agreement or the Contract Documents. ,`�\
3.7.6 The City Manager shall be the City Commission's authorized representative with
regard to acting on behalf of the City in the event of,isuing any default%notice(s) under
this Agreement, and, should such defaultremaln uncured;in terminating the Agreement
(pursuant to and in accordance with Article 10 hereof). ''-, \,� ,r
\l
3.8 The City's review, evaluation, or comment as,to any documents prepared by or on behalf
of the Consultant shall be solely for the purpose of theCity.,s determining for its own satisfaction
the suitability of the Project, or portions thereof�detailed,,i fs`uch documents for the purposes
intended therefor by the City, and may not be relied uporph any way by the Consultant or any
other third party as a substantive review thereof.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City shall establish a Construction Cost Budget for the Project, as set forth in the
Consultant Service`Older. Consultant`shall,,design the Project so that the Construction Cost
Budget for the Projec -not exceeded. As/part of the Basic Services, Consultant shall design
and/or re-design the Project`to,the Construction Cost Budget in accordance with this Article 4,
making all revisions necessary to maintain the Construction Cost Budget. Consultant shall attend
meetings with\•.the City 'to°review /and discuss cost estimates, cost-saving alternatives, and
impleri entation or revision,\of the Design Documents and Construction Documents to address
such items,-as'necesary`\t/emeet the established budget parameters set forth in the City
Construction_Budget- 0 L
4.2. Consultant shall provide and/or update the Statement of Probable Construction Cost at
each stage of completion of the Design Documents and at completion of the Construction
Documents, unless otherwise specified in a written directive of the Project Administrator.
4.2.1. At completion of the conceptual design (at such stage of completion of the Design
Documents as may be specified by the Project Administrator), Consultant shall provide the City a
Statement of Probable Construction Cost,which must include an estimated Construction Cost for
the Project within a range of plus or minus fifteen percent (+/-15%) of the Construction Cost
Budget. If at the foregoing stage of design, the Consultant's Statement of Probable Construction
Cost exceeds the City's Construction Budget by more than fifteen percent(15%),then the Project
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Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the
cause(s) for the difference and recommend in writing for the City's approval any modification in
the Design Documents necessary to conform to the Consultant's estimated total costs in the
Statement of Probable Construction Cost to within fifteen percent(15%)of the City's Construction
Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall
incorporate such modifications within the Design Documents as part of the Basic Services and at
no additional cost to the City.
4.2.2. At the 30%and 60%completion of the Design Documents,Consultant shall update
its Statement of Probable Construction Cost, which must include an estimatedrConstruction Cost
for the Project within a range of plus or minus ten percent (+/-10%)/of the Construction Cost
Budget. If at the foregoing stages of design,the Consultant's Stater ent'of Probable Construction
Cost exceeds the City's.Construction Budget by more than ten percent (,10%)' the\Project
Administrator shall provide notice thereof to the Consultant. Consultant,.shall then identify the
cause(s) for the difference and recommend in writing for the City's approval.any modification in
the Design Documents necessary to conform to the Consultant's estimated-total..costs in the
Statement of Probable Construction Cost to within ten.iercent (10%) of the City;s'Construction
Budget. Upon obtaining City's approval of any_propos`edi"modifications, Consultant shall
incorporate such modifications within the Design Documents as,part of the Basic Services and at
no additional cost to the City. (
\ 1
4.2.3. At the 90% stage completion of the;Design Documents and at completion of the
Construction Documents, Consultant sh'all'update its Statement of Probable Construction Cost,
which must include an estimated Construction-Cost for the"Project within a range of plus or minus
five percent (+/-5%) of the Construction Cost\Budget. If'at'the foregoing stages of design, the
Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget
by more than five percent ,(5°/);the Project`Adrninist ator shall provide notice thereof to the
Consultant. Consultant shall thenyidentify, the causes) for the difference and recommend in
writing for the City's approval any modificatiorrinth&Design Documents necessary to conform to
the Consultant's estimated total costs,in the Statement of Probable Construction Cost to within
five percent (5%) "cif-the City's Construction Budget. Upon obtaining the City's approval,
Consultant shall prornptlysmodify the Design Documents or Construction Documents within the
time period specified by the-;project Administrator (which time period for completion shall not
exceed ninety (90) days�ro/rn the date Consultant is notified to re-design), as part of the Basic
Services-and"•at no additional cost to the City.
i
4.2.4.—To-ensure thatAhe Construction Cost shall not exceed the City's Construction
Budget;each.Statement ofProbable Construction Cost shall be in sufficient detail to identify the
costs of each element and include a breakdown of the fees, general conditions and a reasonable
and appropriate construction contingency.
•
4.3. Consultanfshall certify and warrant to the City that the Statement of Probable Construction
Cost and any update thereto, represents Consultant's best judgment of the Construction Cost for
the Project as an experienced design professional familiar with the construction industry,
provided, however,that Consultant cannot(and does not)guarantee that bids or negotiated prices
will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or
otherwise provided) by Consultant.
4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of
Probable Cost by more than ten percent (10%), the Project Administrator shall provide notice
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thereof to the Consultant, and the Consultant shall re-design the Project within the Project Scope,
construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce
the Statementof Probable Construction Cost, and Consultant shall provide any required revisions
to the Contract Documents (including, without limitation, the Construction Documents)within the
time period specified by the Project Administrator (which time period for completion shall not
exceed ninety (90) days from the date Consultant is notified to re-design), and shall provide re-
bidding services, as many times as may be reasonably requested by the City, as part of the Basic
Services and at no additional cost to the City, in order to bring any resulting, responsive and
responsible bids within ten percent(10%)of the Consultant's final updated Statement of Probable
Cost.
fi„
4.5. The Construction Cost Budget shall not be exceeded without )fully justifiable,
extraordinary, and unforeseen circumstances (such as Force Ma`jeure)whip)i ar beyond the
control of the parties. Any expenditure above this amount shall be.,subject to prior City
Commission approval which, if granted at all, shall be at the,sole and reasonable,discretion of the
City Commission. The City Commission shall have no obligation to approve an Increase in the
Construction Cost Budget and, if such Construction Cost Budget is `exceeded, the City
Commission may,at its sole and absolute discretion,terminate this Agreement`(and the remaining
Services)without any further liability to the City. � '�, �� r
�.._%/
4.6. The City Commission may, at its sole..and absolute discretion,and without relieving
Consultant of its obligations under this Agreement4ode0gn the Project to the Construction Cost
Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the following
options: (1) approve an increase to the Construction Cost\Budget; (2) reject all bids, and (at its
option) authorize rebidding of the Project (3)�abandon Project and terminate the remaining
Services without any further liability to the City; (4)select as°many deductive alternatives as may
be necessary to bring the lowest and best bid\within the1Construction Cost Budget.
1, ~ \), 1�
ARTICLE 5:`'-ADDITIONAL SERVICES
5.1 Additional S ces,shall only be'performed by Consultant following receipt of written
authorization by theroject`Administrator (which authorization must be obtained prior to
commencement of any•\such .additional'work by Consultant). The written authorization shall
contain a_description of th.e,Additional'Services required; a lump sum to be negotiated at the time
of the request for additional services or a fee(in accordance with the rates in Schedule"C"hereto),
with a; Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount;
the am ended`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 fees allowable(or,in the case of Reimbursable Expenses,the maximum
cumulative expense )llowable), which the Consultant shall not exceed without further written
authorization of-the"Project Administrator. 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 include the following:
5.2.1 Appraisals: Investigation and creation of detailed appraisals and valuations
of existing facilities, and surveys or inventories in connection with construction performed
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by City.
5.2.2. Unforeseen Conditions. Providing additional work relative to the Project which
arises from subsequent circumstances and causes which could not reasonably have been
foreseen at the time of execution of this Agreement (excluding conditions determined by
all prior studies available to Consultant and excluding circumstances and causes resulting
from error, omission, inadvertence, or negligence of Consultant).
5.2.3. City-Requested Revisions to Construction Documents: Making revisions to
Construction Documents resulting in or from City-requested changes=in Scope of Work
involving new program elements, when such revisions are;inconsistent with written
approvals or instructions previously given by City and/or are due to causes beyond the
control of Consultant.
\
5.2.4 Expert Witness: Except insofar as the Consultant is required,by legal process or
subpoena to appear and give testimony, preparing.t6( erve or serving as•an-expert witness
in connection with any state or federal court action.to'which the Consultant/is not a party
in its own name, that is not instituted by the Consultant'or in which the\performance of the
Consultant is not in issue. \ r
5.2.5 Procurement: Assistance in connection with bid-,prote'sts, re-bidding, or re-
negotiating contracts (except for contract'pocurnent revisions/and re-bidding services
required under Section 4.4 hereof;which shall b 'provided atcno additional cost to City).
5.2.6. Models: Preparing profess onalpersp ctives,models or renderings in addition to
•
those provided for in this Agreement"except insofar/as these are otherwise useful or
necessary to the Consultantti n the po�vision"o fBasic Services.
5.2.7. Threshold Inspection/Material\\Testingand Inspection: Providing threshold
inspection services and `material---testing/special inspection services, provided that
Consultant, s,part of the BasicServices, shall report on the progress the Work, including
any defects and deficiencies thatmaybe observed in the Work.
5.2.8 Pre-Design Survevs&•Testinq: Environmental investigations and site evaluations,
provided, however,;th'at surveys of the existing structure required to complete as-built
,documentation are'not additional services.
't 5.2.9 Geotechnicakengineering. Providing geotechnical engineering services or site
\s rvu eys.�_r_:_ if
5.3 Additional services may be requested by the City using a Consultant Service Order(CSO).
For each proposed::Consultant Service Order, Consultant shall provide the City with a cost
proposal on a lump sum or not-to-exceed basis, based on the fee schedule set forth in Schedule
"C" hereto. Consultant Service Order shall be executed in accordance with Contract Approval
Authority Procedure 03.02 or as amended. Any CSO not executed in accordance herewith shall
be null and void.
Except as specified herein, services that are required for completion of the Construction
Documents shall be part of Consultant's Basic Services.
Reimbursable Expenses and/or Contingency are allowance(s) set aside by the City and shall
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include actual expenditures (no markups allowed) made by the Consultant in the interest of the
Project, provided such expenses are authorized in advance by the City. The Reimbursable
Expenses and/or Contingency allowance(s), as specified herein, belongs to, and shall be
controlled by the City (i.e. unused portions will be retained by the City and shall not be paid to
Consultant).
Notwithstanding the above, any Reimbursable Expenses must be authorized, in advance, in
writing, by the City Manager or corresponding Department's Director. Invoices or vouchers for
Reimbursable Expenses shall be submitted to the corresponding Department's Director (along
with any supporting receipts and other back-up material required to support the>amount invoiced,
and as requested by the corresponding Department's Director).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."Only actual amounts incurred,,and paid (requiring
proof of payment) by the Consultant shall be invoiced,without any markups and/or additions.
ARTICLE 6. REIMBURSABLE-EXPENSES \
6.1 Reimbursable Expenses must be authorized,_in advance, in writing, by the Project
Administrator. Invoices or vouchers for Reimbursable-Expenses•slialI be submitted to the Project
Administrator (along with any supporting receipts and other back=uprmaterial requested by the
Project Administrator). Consultant shall certify as'to each such involceyand/or voucher that the
amounts and items claimed as reimbursable are`Irue'and correct and in accordance with the
Agreement." Reimbursable Expenses may,include, tut not be limited to, the following:
.�\
• 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'subconsultants, and courier, postage and handling
costs between the Consul nt.and itssubconsultants).
• Costs-for reproduction and preparation of graphics for community workshops.
• Permit fees-required by City'of Miami Beach regulatory bodies having jurisdiction
over the Proj ct'(i e.City;permit fees).
•
ARTICLE 7.COMPENSATION FOR SERVICES
7.1 ~Constiltant's"lump S m"or"Not to Exceed"fee for provision of the Services, or portions
thereof, as may be setlforth and described in the Consultant Service Order attached hereto as
Schedule"A", issued:for a particular Project, shall be negotiated between the City and Consultant,
and shall be set forth in the Consultant Service Order.
•
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 Administrator. Payments shall be made in
proportion to the Services satisfactorily performed, so that the payments for Services never
exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted
with each invoice). No mark-up shall be allowed on subcontracted work. In addition to the invoice,
the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the
percentage of completion of the Project and the total estimated fee to completion.
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7.3 Approved Additional Services shall be compensated in accordance with the hourly billing
rates set forth in Schedule "B," attached hereto. Any request for payment of Additional Services
shall be included with a Consultant payment 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, up to
the "Not to Exceed" Reimbursable allowance amount set forth in Schedule A-1 or Consultant
Service Order(as applicable). Any request for payment of Reimbursable Expenses shall also be
included with Consultant's payment request. No mark-up shall be all wethon Reimbursable
Expenses.
7.5 ESCALATION: The initial hourly rates set forth in Schedule B sh l r*emain constant for
the Initial Term of the agreement. Ninety (90) days prior toexpiration of the-Initial Term,-the City
Manager may consider an adjustment to the preceding years unit costs for the:subs,quent year.
Any such adjustments, if any, shall be based on a corresponding increase in9he Consumer Price
Index for All Urban Consumers; U.S. City average (1982-84=100), as established by the United
States Bureau of Labor Statistics("CPI"), or material stments to the scope or requirements of
the RFQ by the City, including (but not limited to) living wage increases,provided, however, that
in no event shall any annual increase exceed,three percent (3 ),. In/the event that the City
Manager determines that the requested,iricrease.,\s'unsubstantiated�;the Consultant agrees to
perform all duties at the current cost terms
\\ \
7.6 No retainage shall be made from�the,�Consultants compensation on account of sums
•
withheld by the City on payments to Consultant.\
\\\
7.7 METHOD OF BILLING'AND�PAYMEN�I Consultant shall invoice the Project
Administrator in a timely manner, but,no more tlian once on a monthly basis, per project. Invoices
shall identify/include the nature and'extent fthe work performed; the total hours of work
performed by empldyee-category; and'the respective hourly billing rate associated therewith. In
the event sub-consultant-work-is used, the percentage of completion shall be identified. Invoices
shall also itemize and`suari a any_Additional Services.and/or Reimbursable Expenses. A
copy of the written appro% f theii�oject Administrator for the requested Additional Service(s)
or Reimbursable Expenses) shall accompany the invoice.
Invoicesshall-be-submitted}fo-the City at the following address:
Accounts Payable: payables@miamibeachfl.gov
7.7.1 If.i-eequested, 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).
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 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
20
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office (at the address designated in Article 15 [°Notices"]), during customary business hours. 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 subconsultants 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, signs, drawings,
renderings, calculations, specifications, models, photographs, reports;'surveys, investigations,
and any other documents (whether completed or partially completed);a'nd coprghys thereto for
Services performed or produced in the performance of this Agreement;or related to thkProject,
whether in its native electronic form, paper or other hard copy medium drip electronic medium,
except with respect to copyrighted standard details and designs owned by,the Consu tant or
owned by a third party and licensed to the Consultant fora"se and reproduction,`shal'become the
property of the City. Consultant shall deliver all such documents to the Project Administrator in
their native electronic form, as required in the Consultant Se'rvice\Order within thirty (30) days of
completion of the Services (or within thirty (30)_,days".of`expiration\or earlierrtermination of this
Agreement as the case may be). However,the.City may gr ex ant an clusivelicense of the copyright
to the Consultant for reusing and reproduc rig 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 tdany third party without prior written approval
from the City Manager. The Consultant shallgwarrant to the`City,7that it has been granted a license
to use and reproduce any standard details ana\designs';owned by a third party and used or
trin th
reproduced by the Consultane performance of this Agreement. Nothing contained herein
shall be deemed to excludefany.document from Chapter/119, Florida Statutes.
9.2 The Consultant is permitte J to reproduce\copyrighted material described above subject to
prior written approval,,of the City Manager.
9.3 At the City's option the Consult nn,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 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`'stiall,haves'th'e right to modify the Project or any components thereof without
permissionefrom-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 subconsultants 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
21
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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 C�the City, at its sole
option and discretion, may take over the remaining Services\end 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 satisfactoriiy,perforrried and accepted prior to the date
of termination (as such date is set forth(n, orcani be calculatrom, the City's initial
written default notice). Upon paymentof any amount which med fay be due to Consultant
pursuant to this subsection 10.2. ,-,e City.ehalLhave 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 I0.2.2, the'Consultent 'shall promptly assemble and deliver
to the Project Administrator 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 shalllnot_be-ressponsible/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 throughthe City_Manager,`y 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 Conultant's costs in assembly and delivery to the Project Administrator
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.
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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
Administrator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all
Project documents (for delivery to the Project Administrator).
ARTICLE 11. INSURANCE
Insurance requirements will be determined on a project by project basis at the time of
Consultant Service Order(CSO).
' `ti. a
1.1.1 The maintenance of proper insurance coverage is a material element%of the Agreement
and failure to maintain or renew coverage may be treated as a material breach of the Agreement,
which could result in withholding of payments or termination7of the Agreement, \ f;
11.2 Additional Insured - City of Miami Beach m st'be\included by'endorseement as an
additional insured with respect to all liability policies-(except°Professional Liability and Workers'
Compensation) arising out of work or operations,performed on behalf of the,Consultant including
materials, parts, or equipment furnished in.'connectibp)with such work or operations and
automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's
insurance. ` \- /
11.3 Notice of Cancellation - Each1;ihsurance policy required above shall provide that
coverage shall not be cancelled, except`wi'th',notice to`the City of Miami Beach do EXIGIS
Insurance Compliance Services., r\ ,\
11.4 Waiver of Subrogation-.7,Consultant\'agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation.on`the coverages required. However,this provision
applies regardless of whether the Ciity'has received a waiver of subrogation endorsement from
the insurer. \:,
11.5 Acceptability of`Insurers Insu ance must be placed with insurers with a current A.M.
Best ratingof,�A:VII or higher. If not;rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance business in the State of Florida.
�—
11.6 Verification of Coverage - Consultant shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting coverage
required by this,contract. All certificates and endorsements are to be received and approved by
the City before work commences. However, failure to obtain the required documents prior to the
work beginning shall not waive the Consultant's obligation to provide them. The City reserves the
right to require complete, certified copies of all required insurance policies, including
endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER ON ALL COI MUST READ:
CITY OF MIAMI BEACH
do EXIGIS Insurance Compliance Services
P.O. Box 947
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DocuSign Envelope ID:0559CF80-7D04=4E8B-AC29-21D6EB693178
Murrieta, CA 92564
Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent,
EXIGIS, at:
Certificates-miamibeach c(D.riskworks.com
11.7 Special Risks or Circumstances -The City of Miami Beach reserves the right to modify
these requirements, including limits, based on the nature of the risk, prior/experience, insurer,
coverage,or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor orhis liability and
obligation under this section or under any other section of this agre me en\f//
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
/` C\ ` \//
12.1 To the fullest extent permitted by Section 725.08;Florida Statutes,lhe Consultant shall
indemnify and hold harmless the City and its officers, m.eployees, agents, and instrumentalities,
from liabilities, damages, losses, and costs, including,�but not`limited to, reasonable attorneys'
fees, to the extent caused by the negligence,,recklessn`es, or intentionally wrongful conduct of
the Consultant and other persons employed utilized byithe Consultant in the performance of
this Agreement. ( \\\�r
The Consultant shall pay all claims and losses\in connectlt on the rewith and shall investigate and
defend all claims, suits, or actions of any ki\d 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, keepand save harmless and defend the City or its officers,
employees, agents,,and instrumentalitiess\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 f m-any negligent, reckless, or intentionally wrongful actions,
errors or omissions of�thei,Consultant/in which the City participated either through review or
concurrence of4the Consultant's actions. In reviewing, approving or rejecting any submissions by
the Consultant, or other.acts of the Consultant, the City in no way assumes or shares any
responsibility-or liability of thieConsultant (including, without limitation its subconsultants and/or
any registered-professionals/(architects and/or engineers) under this Agreement).
/i ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes
categorized by the City as caused by an error, an omission, or any combination thereof in the
Consultant's performance of the Services will constitute an additional cost to the City that would
not have been incurred without the error. The damages to the City for errors, omissions or any
combinations thereof shall be calculated as the total cost of any damages or incremental costs to
the City resulting out of the errors or omissions by the Consultant, including, without limitation,
the direct, indirect and/or consequential damages resulting from the Consultant's errors and/or
omissions or any combination thereof.
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Damages shall include delay damages caused by the error, omission,or any combination thereof.
Should the Consultant disagree that all or part of such damages are the result of errors,omissions,
or any combination thereof,the Consultant may appeal this determination, in writing,to the Project
Administrator. The Project Administrator's decision on all claims, questions and disputes shall be
final,conclusive,and binding upon the parties hereto unless such determination is clearly arbitrary
or unreasonable. In the event that the Consultant does not agree with the decision of the Project
Administrator, the Consultant shall present any such objections, in writing, to the City Manager.
The Project Administrator and the Consultant shall abide by the decision/of the City Manager.
This paragraph does not constitute a waiver of any party's right to proceedin a-court of competent
jurisdiction after the above administrative remedies have been exhausted.
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 fan alleged breach'byth City of this
Agreement, so that its liability for any such breach never-exceeds the "not to exceed" amount of
the fee paid to Consultant under this Agreement, less any amoun (s) actually,�paid to Consultant
hereunder. Consultant hereby expresses its willingness to` \enter into this Agreement, with
Consultant's recovery from the City for any damages for'action for•breach 9f contract to be limited
to Consultants "not to exceed" fee under this Agreement,,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 annarriount in excess of the "not to exceed amount" of
Consultant's fees under this'Agreement, which''amount shall be reduced by any amount(s)
actually paid by the City to C nsu taut here d\. f,/
Nothing contained in this subsection el es where in this Agreement, is in any way intended to
be a waiver of the limitation placed uponCity's liability, as set forth in Section 768.28, Florida
Statutes.
( .,ARTICLE 15. NOTICE
Until changethtay notice in:writing, all such notices and communications shall be addressed as
follows: \\
All written notices given/to City by Consultant shall be addressed to:
City Managr:' Office
City of Miami Beach
1700 Convention.Center Drive
Miami Beach, Florida 33139
Attn: Raul Aguila, Interim City Manager
Email: raulaguila al7miamibeachfl.Qov
With a copy to:
City Manager's Office
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DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Aline Hudak, Assistant City Manager
Email: alinahudak@miamibeachfl.gov
All written notices given to the Consultant from the City shall be addressed to:
XXXXXX • ff
X 0000(
) XXXX /
Attn: XXXXX
Ph: XXXXX
Email: XXXXXXX \ �'`
•
All notices mailed electronically to either party shall be deemed to be sufficiently transmitted.
ARTICLE 16. CONSULTANT'S COMPLIANCE W TI H'F.LORIDA.PUBLICRECORDS LAW •
� �. '/
16.1 "" -Consultant shall comply with Florida,Publ\'I�ecords law under Chapter 119, Florida
Statutes, as may be amended from time tome.\
16.2 The term "public records" shall.have4he\meaning 'set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books,tapes,photographs, films, sound recordings,
data processing software, or other material\regadless of�the physical form, characteristics, or
means of transmission, made or received pursuantto lava or ordinance or in connection with the
transaction of official business oftheCity. 1
16.3 Pursuant to Section 119.0701 of4h Florida Statutes, if the Consultant meets the definition
of"Consultant"as defned in Section 119;0701(1)(a), the Consultant shall:
(a) Keep arid-maintain public `records required by the City to perform the service;
(b) Upon request-from`the_City's custodian of public records, provide the City with a
copy of the reques et d,rec'ords or allow the records to be inspected or copied within
Ng reasonable time at a cost that does not exceed the cost provided in Chapter 119,
{{ Florida Statutes or as otherwise provided by law;
t�(c)_--Ensure.that public records that are exempt or confidential and exempt from public
`�>records•disclo'sure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Consultant does not transfer the records to the City;
(d) Upon-completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement,the Consultant shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Consultant keeps and maintains public
records upon completion of the Agreement, the Consultant shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's custodian
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of public records, in a format that is compatible with the information technology
systems of the City.
16.4 REQUEST FOR RECORDS; NONCOMPLIANCE.
16.4.1 A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the.requested
records, the City shall immediately notify the Consultant of the request, and the
Consultant must provide the records to the City or allow the records to be inspected or
copied within a reasonable time.
16.4.2 Consultant's failure to comply with the City's request for' records shall constitute
a breach of this Agreement, and the City, at its sole discretlonrnay: (1) 5\
unilaterally terminate the Agreement; (2) avail itself of the remedes,setforth
under the Agreement; and/or(3) avail itself of any available remedies<at law or
in equity.
16.4.3 A Consultant who fails to provide the public(records to the City within a
reasonable time may be subject to penalties under el 19.10. \�
16.5 CIVIL ACTION. \_
,
/7
16.5.1 .If a civil action is filed against>aConsultant to compel,production of public records
relating to the City's contract for services,the`cort shall assess and award against the
Consultant the reasonable costs(7of enforceme`t including reasonable attorneys' fees, if:
(a) The court determines\that the Consulta t unlawfully refused to comply with
the public records requestwithin a reasoble time; and
(b) At least 8 business daysbeefore'filing the the plaintiff provided written
notice ofthe public records request;-including a statement that the Consultant
has not complied w�ith-the\rrequest,,to the City and to the Consultant.
`` ```
16.5.2 A notice complies with`subparagraph (16.5.1)(b) if it is sent to the City's custodian
of public records,and to the Consultant at the Consultant's address listed on its contract
with the City or\to.the`Consultant'ss)registered agent. Such notices must be sent by
common carrier\delivery service or by registered, Global Express Guaranteed, or certified
mail;with postage oshipping,paid by the sender and with evidence of delivery, which
,may-beJn an electronic format.
it
1:6.5 3—A Consultant who complies with a public records request within 8 business days
after the-notice is sent is not liable for the reasonable costs of enforcement.
16.6 IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
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DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a�MIAMIBEACHFL.GOV
PHONE: 305-673-7411
ARTICLE 17. INSPECTOR GENERAL AUDIT RIGHTS
17.1 Pursuant to Section 2-256 of the Code of the City of Miami Beach;theCity has
established the Office of the Inspector General which may, on a rando,n basis, perform reviews,
audits, inspections, and investigations on all City contracts, throughout the durationof said
contracts. This random audit is separate and distinct from any other-\audit performed tby or on
behalf of the City. \\-`.\.<
�p�
17.2 The Office of the Inspector General is authorized to`investigate City affairs ands
empowered to review past, present and proposed Cityiprograms, accounts, recoJds, contracts
and transactions. In addition, the Inspector General hasi\the.\power to s1ubpoena witnesses,
administer oaths, require the production of witnesses-and monitor City projects and programs.
Monitoring of an existing City project or program'maOnnclude .•.report concerning whether the
project is on time, within budget and in conformance with3tt)e contract documents and applicable
law. The Inspector General shall have the1powert&audit,!investigate,,monitor, oversee, inspect
and review operations, activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal)submittals, activities of the Consultant, its
officers, agents and employees, lobbyists\City staff and,.elected officials to ensure compliance
with the contract documents and to detect fraud>and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating'a.percentage of its overall annual contract expenditures to fund
the activities and operations of,theOfficeof Inspector General.
17.3 Upon ten (10) days written notice to the Consultant, the Consultant shall make all
requested records and,documents available to the Inspector General for inspection and copying.
The Inspector Generalis mpoaered to retairi the services of independent private sector auditors
to audit, investigate, monitor;_oversee, inspect and review operations activities, performance and
procurement process including'but;ot,limited to.project design, bid specifications, (bid/proposal)
submittals;=activities of the`Consultaptits officers,.agents and employees, lobbyists, City staff and
electedfficial's to ensure compliance with the contract documents and to detect fraud and
corruption��__-�, \\
17.4 The Insp'ct r General shall have the right to inspect and copy all documents and records
in the Consultant's possession,custody or control which in the Inspector General's sole judgment,
pertain to performance"of the contract, including, but not limited to original estimate files, change
order estimate\files, worksheets, proposals and agreements from and with successful
subconsultants and suppliers, all project-related correspondence, memoranda, instructions,
financial documents, construction documents, (bid/proposal) and contract documents, back-
change documents, all documents and records which involve cash, trade or volume discounts,
insurance proceeds, rebates, or dividends received,payroll and personnel records and supporting
documentation for the aforesaid documents and records.
17.5 The Consultant shall make available at its office at all reasonable times the records,
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materials, and other evidence regarding the acquisition (bid preparation) and performance of this
Agreement, for examination, audit, or reproduction, until three(3)years after final payment under
this Agreement or for any longer period required by statute or by other clauses of this Agreement.
In addition:
(a) If this Agreement is completely or partially terminated, the Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting,final termination settlement; and
(b) The Consultant shall make available records relating to appeals orrto litigation or the
settlement of claims arising under or relating to this Agreement until such appeals,
litigation, or claims are finally resolved. �
�,, \ t\s-�
17.6 The provisions in this section shall apply to the Consultant, its officers, agents, ;
employees, subconsultants and suppliers. The Consultant shall incorporate'the•'provisions in this
section in all subcontracts and all other agreements executed by the Consultant,.in'connection
with the performance of this Agreement. ' ., �\ j
17.7 Nothing in this section shall impair any indep ndent right to the Cityto4conduct audits or
investigative activities. The provisions of this!sectior Pare neither Intended nor shall they be
construed to impose any liability on the City byrthe-Consialtant or third parties.
ARTICLE 18. MISCELLANEOUS PROVISIONS
18.1 VENUE'AND WAIVER OF JURY\TRIAL:This Ag eement 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, Thee cglusivevenue 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, n 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. )j
18.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not
discriminate against any employee for applicant for employment for work under this Agreement
because of race,color, national origin, religion,sex, gender identity, sexual orientation, disability,
marital orfamilial-status, or age, and will take affirmative steps to ensure that applicants are
employ\edland-emploOes are treated during employment without regard to race, color, national
origin, religion, sex, 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 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 Consultant, supplier,
subconsultant, 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
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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 discretiori to deduct from the
contract price(or otherwise recover)the full amount of such fee, commission, percentage, gift, or
consideration. `� r18.5 LAWS AND REGULATIONS: ,
•
1 �.• \ ;1
18.5.1 The Consultant shall, during the Term of'`this Agreement, be.,govemed by all
Applicable Laws which may have a bearing'on the Services involved iri the Project.
•
18.5.2 Project Documents. In accordance_ with Section.\119.0712(3) (b)(2), Florida
Statutes, entitled "General exemptions fromi\inspecting.or copying public records,"
all building plans, blueprints,.schematic drawings, and Cjiagrams, including draft,
preliminary,and final formats,are exernptfrom the provisions of Section 119.07(1),
Florida Statutes (inspection and copyin(of public records), and s. 24(a), Article I
of the State Constitution. City
tinformation made\exempt by this paragraph, with prior
written approval from the \Manager,'maybe disclosed to another entity to
perform its duties and responsibilities; to/a licensed architect, engineer, or
Consultant who is performing'�work'ori ir_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.
ti.
18.5 2 1---tn addition to the requirements in this subsection 18.5.2,the Consultant
•,\ -,agrees to abide.,by all applicable Federal, State, and City procedures,
t� as'may'be..arnended from time to time, by which the documents are
\\handled, copied, and distributed which may include, but is not limited
\sto, each (employee of Consultant and subconsultants 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.
i
.18.5.2. The Consultant and its subconsultants 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.
18.5.3 E-Verify
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18.5.3.1 Consultant shall comply with Section 448.095, Florida Statutes,
"Employment Eligibility" ("E-Verify Statute"), as may be amended from
time to time. Pursuant to the E-Verify Statute, commencing on January
1, 2021, Consultant shall register with and use the E-Verify system to
verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Consultant shall expressly
require any subconsultant performing work or providing services
pursuant to the Agreement to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify, the employment
eligibility of all new employees hired by the subconsultant during the
contract Term. If Consultant enters into a contract with an approved
subconsultant, the subconsultant must provide the Consultant with an
affidavit stating that the subconsultant does nofiemploy, contract with,
or subcontract with an unauthorized alien. Consultant shall maintain a
copy of such affidavit for the duration of the Agreerent or such other
extended period as may be required under this Agreement:/
18.5.3.2 TERMINATION RIGHTS.
18.5.3.2.1 If the Citylhas�, as good''<faith belief 1that Consultant has
knowingly violated Section 448.09(1), FloridaiStatutes, the City shall
terminate this Agreenent with Consultanf for cause, and the City shall
thereafter have,,or owe no further obligatiorOr liability to Consultant.
18.3.5.2.2 If\the -City has` good faith belief that a subconsultant
has knowingly`violated the foregoing Subsection 18.5.3.1 but the
Consultant otherwise porpplied)Wiith such subsection, the City will
promptly-notify theConsultant-and order the Consultant to immediately
terminate-the Agreement with the subconsultant. Consultant s failure
to terminate a-subconsultant shall be an event of default under this
Agreemententitling-City to terminate the Consultant's contract for
�����
18:5.3.2:3.,A,tontract terminated under the foregoing Subsection
L 18'5 3 2:1;or 18.5.3.2.2 is not in breach of contract and may not be
A r 3
,considered as such.
1'8:5:3.2.4 The City or Consultant or a subconsultant may file an
r - ` action with the Circuit or County Court to challenge a termination under
. the foregoing Subsection 18.5.3.2.1 or 18.5.3.2.2 no later than 20
calendar days after the date on which the contract was terminated.
18.5.3.2.5 If the City terminates the Agreement with Consultant under
the foregoing Subsection 18.5.3.2.1 Consultant may not be awarded a
public contract for at least 1 year after the date of termination of this
Agreement.
18.5.3.2.6 Consultant is liable for any additional costs incurred by the
City as a result of the termination of this Agreement under this Section
18.5.3.
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18.6 FORCE MAJEURE:
18.6.1 A "Force Majeure" event is an event that (i) in fact causes a delay in the
performance of the Consultant or the City's obligations under the Agreement, and (ii) is
beyond the reasonable control of such party unable to perform the obligation, and (iii) is
not due to an intentional act, error, omission, or negligence of such party, and (iv) could
not have reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
• accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include'technologi`cal impossibility,
inclement weather, or failure to secure any of the required`permtS%pursuant to the
Agreement. \• \
18.6.2 If the City or Consultant s performance of.its contractual obligationsjs'prevented
or delayed by an event believed by to be Force Majeure, such party shall/immediately
upon learning of the occurrence of the event or of the commencementof<'any such delay,
but in no case within fifteen (15) business d ys thereof;\provide/I notice of (i) of the
occurrence of event of Force Majeure, (ii)f of the nature of the event and the cause thereof,
(iii) of the anticipated impact on the Agreement, (iv)1of the anticipated period of the delay,
and(v)of what course of action such party`plans totake in order to mitigate the detrimental
effects of the event.The timely delive of the•notice of the occurrence of a Force Majeure
event is a condition precedent to ary llowance of any relief pursuant to this section; however,
receipt of such notice shall not constitute'acceptanc&that the event claimed to be a Force
Majeure event is in fact Force Maje�ure,,end the burden of proof of the occurrence of a
Force Majeure events_hall'be.on the requesting-party.
18.6.3 No party hereto shall be-liable for its failure to carry out its obligations under the
Agreement during a period when such-party is rendered unable, in whole or in part, by
Force Majeure to.crry out suchobligations. The suspension of any of the obligations
under this Ag`reem nttdue to a For e'Majeure event shall be of no greater scope and no
longer duration'than is required The party shall use its reasonable best efforts to continue
to perform its obligations Hereunder to the extent such obligations are not affected or are
�,cn"Iy-partially affected by the/Force Majeure event, and to correct or cure the event or
(condition excusing..performance and otherwise to remedy its inability to perform to the
extent its-inability t -perform is the direct result of the Force Majeure event with all
'reasonable-dispatch./
18.6.4, Obligations pursuant to the Agreement that arose before the occurrence of a
Force Majeure event causing the suspension of performance shall not be excused as a
result of such occurrence unless such occurrence makes such performance not
reasonably possible. The obligation to pay money in a timely manner for obligations and
liabilities which matured prior to the occurrence of a Force Majeure event shall not be
subject to the Force Majeure provisions.
18.6.5 Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence,the City may, at the sole discretion of the City Manager, suspend the
City's payment obligations under the Agreement, and may take such action without regard
to the notice requirements herein. Additionally,in the event that an event of Force Majeure
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delays a party's performance under the Agreement for a time period greater than thirty
(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Consultant of such termination. If
the Agreement is terminated pursuant to this Section, Consultant shall be paid for any
Services satisfactorily performed up to the date of termination; following which the City
shall be discharged from any and all liabilities, duties, and terms arising out of,or by virtue
of,this Agreement. In no event will any condition of Force Majeure extend this Agreement
beyond its stated term. 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 and approved pursuant to Article 5 hereof.;,r
18.7 CORRECTIONS TO CONTRACT DOCUMENTS: If applicable to the performance of
Consultant's Services, 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; pr�eparedby its
subconsultants. Compliance with this subsection shall not'be construed to relievethe�Consultant
from any liability resulting from any such errors, omissions;*and/or ambiguities"ip'the Contract
Documents and other documents or Services related thereto \
18.8 ASSIGNMENT:The Consultant shall not"assign-transfer or convey this Agreement to any
other person,firm, association or corporation;in.whole orinpart,without the prior written consent
of the City Commission, which consent, if-given�at all,1hall be at the'Commission's sole option
and discretion. However, the Consultanttwill.be permitted to cause portions of the Services to be
performed by subconsultants, subject to the_.pripr written;approval of the City Manager.
18.9 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, success •gal,representative and assigns to the other party of the
Agreement and to the partnerssacsors, legal representatives, and assigns of such party in
respect to all covenants of this Agr ces eement:.,;,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 bf this Agreement by the Consultant.
18.9 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, subconsultants, and other purchased services, etc., as
necessary to complete said Services.
18.10 INTENT OF AGREEMENT:
18.10.1aThe-intent of the Agreement is for the Consultant to provide all necessary items
for the proper completion of the Services.The Consultant shall perform,as Basic Services,
such incidental work which may not be specifically referenced, as necessary to complete
the Project.
18.10.2 This.Agreement is for the benefit of the parties only and it does not grant rights
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.
33
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18.10.3 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.
18.10.4 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 orwritten. It•.is further agreed
that no modification, amendment or alteration in the terms orfconditions contained herein
shall be effective unless memorialized in written document approval and executed with
the same formality and of equal dignity herewith. \sr
;,
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DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
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 CITY OF MIAMI BEACH.'
,. • I,_
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RAFAEL E. GRANADO, CITY CLERK DAN GELBER, MAYOR;,\\ ,, /
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Print Name _-- -y-- . . )7 Print Name
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35
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
•
SCHEDULE A
CONSULTANT SERVICE ORDER
Service Order No. _for services described herein
TO: [Consultant]
PROJECT NAME: ,/r
DATE: '�\\� , f;t
Pursuant to the agreement between the City of Miami Beach and [Consultant], for,[Name of
Project] RFQ-XXXXX, you are directed to provide the following services: \ /"
\ %. /
SCOPE OF SERVICES: • yam, \.`� I
`,
Per attached proposal dated , , o be"considered part of this Agreement.
Estimated calendar days to complete thisiwork \,,Y " Days
Original Service Order Amount: ',,,,, \ ��ti;i\�/
$
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Total From Previous Additional Service Or`ders:\ \��I/
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Fee for this Service Order is Lump`Sum/Not'to Exceed amount
of: \\`� r:
Total Agreement to.Date: $
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Dept. Director A 77,- �
.Date
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Assistant City Manage 1 % Date Consultant Date
• i
City Manager ,,.\ " Date
36
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
SCHEDULE A-1
CONSULTANT COMPENSATION
Schedule of Payments
Planning Services* $XXXXXXXX
Design Services* �$XXXXXXXX
Bidding and Award Services �`�< $XXXXX
Construction.Administration** \$XXXXXXXX;�!
\•
Reimbursable Allowance*** i $XXXXXXXX
\ \
Note*: These services will be paid lump sum based on percentage complete of each phase
as identified in the individual tasks. � `l
/ /
Note**: Construction Administration will,be paid•offa monthly basis upon commencement
of construction.
In the event that,through no fault of the Consultant, Construction Administration services
are required to be extended;wh_ich extension`sliall be'subject to prior City approval, and
what shall be at the City's sole dis'cret on`;,\the Consultant agrees to extend said services
for$XXXXXX, per month,for the,duration required to complete the Project.
Note***:The Reimbursable Allowance,belongs to the City and must be approved in writing,
in advance, by the',Project Administrator. Unused portions will not be paid to the
Consultant. !
j�
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37
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
SCHEDULE B
CONSULTANT HOURLY RATE SCHEDULES
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38
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
SCHEDULE C
APPROVED SUBCONSULTANTS
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39
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
MIAMI BEACH
APPENDIX C
MiAMI
BEACH
Insurance Requirements
2022- 122-ND
ENGINEERING SERVICES FOR WATER
& WASTEWATER SYSTEMS PROJECTS
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
MIAMI BEACH
INSURANCE REQUIREMENTS
The vendor shall maintain the below required insurance in effect prior to awarding the contract and
for the duration of the contract. The maintenance of proper insurance coverage is a material element
of the contract and failure to maintain or renew coverage may be treated as a material breach of the
contract,which could result in withholding of payments or termination of the contract.
A. Workers' Compensation Insurance for all employees of the Contractor as required
by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no
less than$1,000,000 per accident for bodily injury or disease.Should the Contractor
be exempt from this Statute, the Contractor and each employee shall hold the City
harmless from any injury incurred during performance of the Contract. The exempt
contractor shall also submit(i)a written statement detailing the number of employees
and that they are not required to carry Workers'Compensation insurance and do not
anticipate hiring any additional employees during the term of this contract or(ii) a
copy of a Certificate of Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including products
and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than$1,000,000 per occurrence,and$2,000,000
general aggregate.
C. Automobile Liability Insurance covering any automobile, if vendor has no owned
automobiles,then coverage for hired and non-owned automobiles,with limit no less
than $1,000,000 combined per accident for bodily injury and property damage.
D. Professional Liability(Errors&Omissions)Insurance appropriate to the Consultant's
profession,with limit no less than$2,000,000.
Additional Insured-City of Miami Beach must be included by endorsement as an additional insured
with respect to all liability policies(except Professional Liability and Workers'Compensation)arising
out of work or operations performed on behalf of the contractor including materials, parts, or
equipment furnished in connection with such work or operations and automobiles owned, leased,
hired or borrowed in the form of an endorsement to the contractors insurance.
Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not
be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance
Services.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect
the waiver of subrogation on the coverages required. However, this provision applies regardless of
whether the City has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating
of A:VII or higher. If not rated,exceptions may be made for members of the Florida Insurance Funds
(i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do
insurance business in the State of Florida..
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MIAMI BEACH
Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory
endorsements, or copies of the applicable insurance language, effecting coverage required by this
contract. All certificates and endorsements are to be received and approved by the City before work
commences. However,failure to obtain the required documents prior to the work beginning shall not
waive the Contractor's obligation to provide them. The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, required by these
specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668—ECM#35050
New York, NY 10163-4668
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent,
EXIGIS, at:
Certificates-miamibeachna.riskworks.com.
Special Risks or Circumstances The City of Miami Beach reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage,
or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
•
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MIAMI BEACH
APPENDIX D
MIAMI
BEACH
Standard Form 330
2022-122-ND
ENGINEERING SERVICES FOR WATER
& WASTEWATER SYSTEMS PROJECTS
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
ARCHITECT-ENGINEER QUALIFICATIONS OMB Control Number: 9000-0157
Expiration Date: 2/29/2024
Paperwork Reduction Act Statement-This information collection meets the requirements of 44 USC§3507,as amended by section 2 of the Paperwork
Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget(OMB)control number.
The OMB control number for this collection is 9000-0157. We estimate that it will take 29 hours(25 hours for part 1 and 4 hours for Part 2)to read the
instructions,gather the facts,and answer the questions. Send only comments relating to our time estimate,including suggestions for reducing this
burden,or any other aspects of this collection of information to: U.S.General Services Administration,Regulatory Secretariat Division(M1 V1 CB),1800 F
Street,NW,Washington,DC 20405.
PURPOSE DEFINITIONS
Federal agencies use this form to obtain information from Architect-Engineer Services: Defined in FAR 2.101.
architect-engineer(A-E)firms about their professional
qualifications. Federal agencies select firms for A-E contracts on Branch Office: A geographically distinct place of business or
the basis of professional qualifications as required by 40 U.S.C. subsidiary office of a firm that has a key role on the team.
chapter 11,Selection of Architects Engineers,and Part 36 of the
Federal Acquisition Regulation(FAR). Discipline: Primary technical capabilities of key personnel, as
The Selection of Architects and Engineers statute requires the evidenced by academic degree, professional registration,
public announcement of requirements for A-E services(with certification,and/or extensive experience.
some exceptions provided by other statutes),and the selection of
at least three of the most highly qualified firms based on Firm: Defined in FAR 36.102.
demonstrated competence and professional qualifications
according to specific criteria published in the announcement. Key Personnel: Individuals who will have major contract
The Act then requires the negotiation of a contract at a fair and responsibilities and/or provide unusual or unique expertise.
reasonable price starting first with the most highly qualified firm.
The information used to evaluate firms is from this form and other SPECIFIC INSTRUCTIONS
sources, including performance evaluations,any additional data
requested by the agency,and interviews with the most highly Part I-Contract-Specific Qualifications
qualified firms and their references.
Section A.Contract Information.
GENERAL INSTRUCTIONS 1. Title and Location. Enter the title and location of the
contract for which this form is being submitted, exactly as shown
Part I presents the qualifications for a specific contract. in the public announcement or agency request.
2. Public Notice Date. Enter the posted date of the agency's
Part II presents the general qualifications of a firm or a specific notice on the Federal Business Opportunity website
branch office of a firm. Part II has two uses: (FedBizOpps), other form of public announcement or agency
request for this contract.
1. An A-E firm may submit Part II to the appropriate central,
regional or local office of each Federal agency to be kept on file. 3. Solicitation or Project Number. Enter the agency's
A public announcement is not required for certain contracts,and solicitation number and/or project number, if applicable,
agencies may use Part II as a basis for selecting at least three of exactly as shown in the public announcement or agency request
the most highly qualified firms for discussions prior to requesting for this contract.
submission of Part I. Firms are encouraged to update Part II on
file with agency offices,as appropriate, according to FAR Part Section B. Architect-Engineer Point of Contact.
36. If a firm has branch offices,submit a separate Part II for
each branch office seeking work. 4-8. Name, Title, Name of Firm,Telephone Number, Fax
(Facsimile) Number and E-mail (Electronic Mail) Address.
2. Prepare a separate Part II for each firm that will be part of . Provide information for a representative of the prime contractor
the team proposed for a specific contract and submitted with Part or joint venture that the agency can contact for additional
I. If a firm has branch offices,submit a separate Part II for each information.
branch office that has a key role on the team.
INDIVIDUAL AGENCY INSTRUCTIONS
Individual agencies may supplement these instructions. For
example,they may limit the number of projects or number of
pages submitted in Part I in response to a public announcement
for a particular project. Carefully comply with any agency
instructions when preparing and submitting this form. Be as
concise as possible and provide only the information requested
by the agency.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330(REV.7/2021) PAGE 1 OF INSTRUCTIONS
Prescribed by GSA-FAR(48 CFR)53.236-2(b)
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Section C. Proposed Team. 19. Relevant Projects. Provide information on up to five
projects in which the person had a significant role that
9-11. Firm Name,Address,and Role in This Contract. demonstrates the person's capability relevant to her/his proposed
Provide the contractual relationship, name,full mailing address, role in this contract. These projects do not necessarily have to
and a brief description of the role of each firm that will be be any of the projects presented in Section F for the project team
involved in performance of this contract. List the prime if the person was not involved in any of those projects or the
contractor or joint venture partners first. If a firm has branch person worked on other projects that were more relevant than
offices, indicate each individual branch office that will have a key the team projects in Section F. Use the check box provided to
role on the team. The named subcontractors and outside indicate if the project was performed with any office of the current
associates or consultants must be used,and any change must firm. If any of the professional services or construction projects
be approved by the contracting officer. (See FAR Part 52 Clause are not complete, leave Year Completed blank and indicate the
"Subcontractors and Outside Associates and Consultants , status in Brief Description and Specific Role(block(3)).
(Architect-Engineer Services)"). Attach an additional sheet in the
same format as Section C if needed. Section F. Example Projects Which Best Illustrate Proposed
Team's Qualifications for this Contract.
Section D. Organizational Chart of Proposed Team.
Select projects where multiple team members worked
As an attachment after Section C,present an organizational together, if possible,that demonstrate the team's capability to
chart of the proposed team showing the names and roles of all perform work similar to that required for this contract. Complete
key personnel listed in Section E and the firm they are one Section F for each project. Present ten projects, unless
associated with as listed in Section C. otherwise specified by the agency. Complete the following
blocks for each project:
Section E. Resumes of Key Personnel Proposed for this
Contract. 20. Example Project Key Number. Start with"1"for the first
project and number consecutively.
Complete this section for each key person who will
participate in this contract. Group by firm,with personnel of the 21. Title and Location. Title and location of project or
prime contractor or joint venture partner firms first. The following contract. For an indefinite delivery contract,the location is the
blocks must be completed for each resume: geographic scope of the contract.
12. Name. Self-explanatory. 22. Year Completed. Enter the year completed of the
professional services(such as planning,engineering study,
13. Role in this contract. Self-explanatory. design,or surveying), and/or the year completed of construction,
if applicable. If any of the professional services or the
construction projects are not complete, leave Year Completed
14. Years Experience. Total years of relevant experience
(block 14a),and years of relevant experience with current firm, blank and indicate the status in Brief Description of Project and
Relevance to this Contract(block 24).
but not necessarily the same branch office(block 14b).
23a. Project Owner. Project owner or user,such as a
15. Firm Name and Location. Name,city and state of the
government agency or installation,an institution, a corporation or
firm where the person currently works,which must correspond
private individual.
with one of the firms(or branch office of a firm, if appropriate)
listed in Section C.
23b. Point of Contact Name. Provide name of a person
associated with the project owner or the organization which
16. Education. Provide information on the highest relevant
academicEducation.
degree(s)received. Indicate the area(s)of contracted for the professional services,who is very familiar with
the project and the firm's(or firms')performance.
specialization for each degree.
17. Current Professional Registration. Provide information
23c. Point of Contact Telephone Number. Self-explanatory.
on current relevant professional registration(s)in a State or 24. Brief Description of Project and Relevance to this
possession of the United States, Puerto Rico, or the District of
Columbia according to FAR Part 36. Contract. Indicate scope,size,cost, principal elements and
special features of the project. Discuss the relevance of the
example project to this contract. Enter any other information
18. Other Professional Qualifications. Provide information
requested by the agency for each example project.
on any other professional qualifications relating to this contract,
such as education,professional registration, publications,
organizational memberships,certifications,training,awards, and
foreign language capabilities.
STANDARD FORM 330 (REV. 7/2021)
PAGE 2 OF INSTRUCTIONS
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
25. Firms from Section C Involved with this Project. Indicate 29. Example Projects Key. List the key numbers and titles of
which firms(or branch offices,if appropriate)on the project team the example projects in the same order as they appear in Section
were involved in the example project, and their roles. List in the F.
same order as Section C.
Section H. Additional Information.
Section G. Key Personnel Participation in Example Projects.
30. Use this section to provide additional information
This matrix is intended to graphically depict which key specifically requested by the agency or to address selection
personnel identified in Section E worked on the example projects criteria that are not covered by the information provided in
listed in Section F. Complete the following blocks(see example Sections A-G.
below).
Section I. Authorized Representative.
26.and 27. Names of Key Personnel and Role in this
Contract. List the names of the key personnel and their 31. and 32. Signature of Authorized Representative and
proposed roles in this contract in the same order as they appear Date. An authorized representative of a joint venture or the
in Section E. prime contractor must sign and date the completed form.
Signing attests that the information provided is current and
28. Example Projects Listed in Section F. In the column factual, and that all firms on the proposed team agree to work on
under each project key number(see block 29)and for each key the project. Joint ventures selected for negotiations must make
person, place an"X"under the project key number for available a statement of participation by a principal of each
participation in the same or similar role. member of the joint venture.
33. Name and Title. Self-explanatory.
SAMPLE ENTRIES FOR SECTION G (MATRIX)
26. NAMES OF KEY 27. ROLE IN THIS 28. EXAMPLE PROJECTS LISTED IN SECTION F
PERSONNEL CONTRACT (Fill in "Example Projects Key"section below first, before
(From Section E, (From Section E, completing table. Place 'X"under project key number for
Block 12) Block 13) participation in same or similar role.)
1 2 3 4 5 6 7 8 9 10
X X
Jane A. Smith Chief Architect
Joseph B. Williams Chief Mechanical Engineer X X X X
Tara C. Donovan Chief Electricial Engineer X X X
•
29. EXAMPLE PROJECTS KEY
NUMBER TITLE OF EXAMPLE PROJECT(From Section F) NUMBER TITLE OF EXAMPLE PROJECT(From Section F)
1 Federal Courthouse, Denver, CO 6 XYZ Corporation Headquarters, Boston, MA
2 Justin J. Wilson Federal Building, 7 Founder's Museum, Newport, RI
Baton Rouge, LA
STANDARD FORM 330 (REV. 7/2021)
PAGE 3 OF INSTRUCTIONS
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21 D6EB693178
Part II-General Qualifications
See the"General Instructions"on page 1 for firms with branch 9. Employees by Discipline. Use the relevant disciplines and
offices. Prepare Part II for the specific branch office seeking associated function codes shown at the end of these instructions
work if the firm has branch offices. and list in the same numerical order. After the listed disciplines,
write in any additional disciplines and leave the function code
1. Solicitation Number. If Part II is submitted for a specific blank. List no more than 20 disciplines. Group remaining
contract,insert the agency's solicitation number and/or project employees under"Other Employees"in column b. Each person
number, if applicable,exactly as shown in the public can be counted only once according to his/her primary function.
announcement or agency request. If Part II is prepared for a firm(including all branch offices),enter
the number of employees by disciplines in column c(1). If Part II
2a-2e. Firm(or Branch Office)Name and Address. Self- is prepared for a branch office,enter the number of employees
explanatory. by discipline in column c(2)and for the firm in column c(1).
3. Year Established. Enter the year the firm(or branch 10. Profile of Firm's Experience and Annual Average
office, if appropriate)was established under the current name. Revenue for Last 5 Years. Complete this block for the firm or
branch office for which this Part II is prepared. Enter the
4. Unique Entity Identifier. Insert the unique entity identifier experience categories which most accurately reflect the firm's
issued by the entity designated at SAM. See FAR part 4.6. technical capabilities and project experience. Use the relevant
experience categories and associated profile codes shown at the
5. Ownership: end of these instructions,and list in the same numerical order.
After the listed experience categories,write in any unlisted
a.Type. Enter the type of ownership or legal structure of the relevant project experience categories and leave the profile
firm(sole proprietor,partnership,corporation,joint venture,etc.). codes blank. For each type of experience,enter the appropriate
revenue index number to reflect the professional services
b.Small Business Status. Refer to the North American revenues received annually(averaged over the last 5 years)by
Industry Classification System(NAICS)code in the public the firm or branch office for performing that type of work. A
announcement,and indicate if the firm is a small business particular project may be identified with one experience category
according to the current size standard for that NAICS code(for or it may be broken into components,as best reflects the
example,.Engineering Services(part of NAICS 541330), capabilities and types of work performed by the firm. However,
Architectural Services(NAICS 541310),Surveying and.Mapping do not double count the revenues received on a particular
Services(NAICS 541370)). The small business categories and project.
the internet website for the NAICS codes appear in FAR part 19.
Contact the requesting agency for any questions. Contact your 11. Annual Average Professional Services Revenues of Firm
local U.S. Small Business Administration office for any questions for Last 3 Years. Complete this block for the firm or branch office
regarding Business Status. for which this Part II is prepared. Enter the appropriate revenue
index numbers to reflect the professional services revenues
6a-6c. Point of Contact. Provide this information for a received annually(averaged over the last 3 years)by the firm or
representative of the firm that the agency can contact for branch office. Indicate Federal work(performed directly for the
additional information. The representative must be empowered Federal Government,either as the prime contractor or
to speak on contractual and policy matters. subcontractor), non-Federal work(all other domestic and foreign
work, including Federally-assisted projects),and the total.
7. Name of Firm. Enter the name of the firm if Part II is
prepared for a branch office. 12. Authorized Representative. An authorized
representative of the firm or branch office must sign and date the
8a-8c. Former Firm Names. Indicate any other previous completed form. Signing attests that the information provided is
names for the firm(or branch office)during the last six years. current and factual. Provide the name and title of the authorized
Insert the year that this corporate name change was effective representative who signed the form.
and the associated unique entity identifier. This information is
used to review past performance on Federal contracts.
•
STANDARD FORM 330 (REV. 7/2021)
PAGE 4 OF INSTRUCTIONS
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
List of Disciplines (Function Codes)
Code Description Code Description
01 Acoustical Engineer 32 Hydraulic Engineer
02 Administrative 33 Hydrographic Surveyor
03 Aerial Photographer 34 Hydrologist
04 Aeronautical Engineer 35 Industrial Engineer
05 Archeologist 36 Industrial Hygienist
06 Architect 37 Interior Designer
07 Biologist 38 Land Surveyor
08 CADD Technician 39 Landscape Architect
09 Cartographer 40 Materials Engineer
10 Chemical Engineer 41 Materials Handling Engineer
11 Chemist 42 Mechanical Engineer
12 Civil Engineer 43 Mining Engineer
13 Communications Engineer 44 Oceanographer
14 Computer Programmer 45 Photo Interpreter •
15 Construction Inspector 46 Photogrammetrist
16 Construction Manager 47 Planner: Urban/Regional
17 Corrosion Engineer 48 Project Manager
18 Cost Engineer/Estimator 49 Remote Sensing Specialist
19 Ecologist 50 Risk Assessor
20 Economist 51 Safety/Occupational Health Engineer
21 Electrical Engineer 52 Sanitary Engineer
22 Electronics Engineer 53 Scheduler
23 Environmental Engineer 54 Security Specialist
24 Environmental Scientist 55 Soils Engineer
25 Fire Protection Engineer 56 Specifications Writer
26 Forensic Engineer 57 Structural Engineer
27 Foundation/Geotechnical Engineer 58 Technician/Analyst
28 Geodetic Surveyor 59 Toxicologist
29 Geographic Information System Specialist 60 Transportation Engineer
30 Geologist 61 Value Engineer
31 Health Facility Planner 62 Water Resources Engineer
STANDARD FORM 330 (REV.7/2021)
• PAGE 5 OF INSTRUCTIONS
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
List of Experience Categories (Profile Codes)
Code Description Code Description
A01 Acoustics, Noise Abatement E01 Ecological&Archeological Investigations
A02 Aerial Photography;Airborne Data and Imagery E02 Educational Facilities;Classrooms
Collection and Analysis E03 Electrical Studies and Design
A03 Agricultural Development;Grain Storage; Farm Mechanization E04 Electronics
A04 Air Pollution Control E05 Elevators; Escalators; People-Movers
A05 Airports; Navaids;Airport Lighting;Aircraft Fueling E06 Embassies and Chanceries
A06 Airports;Terminals and Hangars; Freight Handling E07 Energy Conservation; New Energy Sources
A07 Arctic Facilities E08 Engineering Economics
E09 Environmental Impact Studies,
A08 Animal Facilities Assessments or Statements
A09 Anti-Terrorism/Force Protection El 0 Environmental and Natural Resource
A10 Asbestos Abatement Mapping
All Auditoriums&Theaters El 1 Environmental Planning
Al2 Automation;Controls; Instrumentation E12 Environmental Remediation
El3 Environmental Testing and Analysis
B01 Barracks; Dormitories
B02 Bridges F01 Fallout Shelters; Blast-Resistant Design
F02 Field Houses;Gyms;Stadiums
CO1 Cartography F03 Fire Protection
CO2 Cemeteries(Planning&Relocation) F04 Fisheries; Fish ladders
F06 Forensic Engineering
CO3 Charting: Nautical and Aeronautical
F06 Forestry&Forest products
C04 Chemical Processing&Storage
C05 Child Care/Development Facilities G01 Garages;Vehicle Maintenance Facilities;
C06 Churches;Chapels Parking Decks
C07 Coastal Engineering G02 Gas Systems(Propane; Natural, Etc.)
C08 Codes;Standards;Ordinances G03 Geodetic Surveying:Ground and Air-borne
C09 Cold Storage; Refrigeration and Fast Freeze G04 Geographic Information System Services:
C10 Commercial Building(low rise);Shopping Centers Development,Analysis,and Data Collection
C11 Community Facilities G05 Geospatial Data Conversion:Scanning,
C12 Communications Systems;TV; Microwave Digitizing,Compilation,Attributing,Scribing,
C13 Computer Facilities;Computer Service Drafting
C14 Conservation and Resource Management G06 Graphic Design
C15 Construction Management
H01 Harbors;Jetties; Piers, Ship Terminal
C16 Construction Surveying Facilities
C17 Corrosion Control;Cathodic Protection; Electrolysis H02 Hazardous Materials Handling and Storage
C18 Cost Estimating;Cost Engineering and H03 Hazardous,Toxic, Radioactive Waste
Analysis; Parametric Costing; Forecasting Remediation
C19 Cryogenic Facilities H04 Heating;Ventilating;Air Conditioning.
H05 Health Systems Planning
D01 Dams(Concrete;Arch) H06 Highrise;Air-Rights-Type Buildings
D02 Dams(Earth;Rock);Dikes; Levees H07 Highways;Streets;Airfield Paving; Parking
Lots
D03 Desalinization(Process&Facilities) H08 Historical Preservation
D04 Design-Build-Preparation of Requests for Proposals H09 Hospital&Medical Facilities
D05 Digital Elevation and Terrain Model Development H10 Hotels; Motels
D06 Digital Orthophotography H11 Housing (Residential, Multi-Family.
D07 Dining Halls; Clubs; Restaurants Apartments;Condominiums)
D08 Dredging Studies and Design H12 Hydraulics&Pneumatics
H13 Hydrographic Surveying
STANDARD FORM 330 (REV. 7/2021)
PAGE 6 OF INSTRUCTIONS
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
• List of Experience Categories (Profile Codes continued)
Code Description Code Description
101 Industrial Buildings; Manufacturing Plants P09 Product, Machine Equipment Design
102 Industrial Processes; Quality Control P10 Pneumatic Structures,Air-Support Buildings
103 Industrial Waste Treatment P11 Postal Facilities
104 Intelligent Transportation Systems P12 Power Generation,Transmission, Distribution
105 Interior Design;Space Planning P13 Public Safety Facilities
106 Irrigation; Drainage
R01 Radar;Sonar; Radio&Radar Telescopes
J01 Judicial and Courtroom Facilities R02 Radio Frequency Systems&Shieldings
L01 Laboratories; Medical Research Facilities R03 Railroad; Rapid Transit
L02 Land Surveying R04 Recreation Facilities(Parks, Marinas, Etc.)
L03 Landscape Architecture R05 Refrigeration Plants/Systems
L04 Libraries;Museums;Galleries R06 Rehabilitation(Buildings;Structures; Facilities)
L05 Lighting(Interior, Display;Theater, Etc.) R07 Remote Sensing
L06 Lighting(Exteriors;Streets; Memorials; R08 Research Facilities
Athletic Fields, Etc.)
R09 Resources Recovery; Recycling
MO1 Mapping Location/Addressing Systems R10 Risk Analysis
M02 Materials Handling Systems;Conveyors;Sorters R11 Rivers; Canals;Waterways; Flood Control
M03 Metallurgy R12 Roofing
M04 Microclimatology;Tropical Engineering
S01 Safety Engineering;Accident Studies;OSHA
MO5 Military Design Standards Studies
MO6 Mining&Mineralogy SO2 Security Systems; Intruder&Smoke Detection
M07 Missile Facilities(Silos; Fuels;Transport)_ S03 Seismic Designs&Studies
M08 Modular Systems Design; Pre-Fabricated Structures or SO4 Sewage Collection,Treatment and Disposal
Components
SO5 Soils&Geologic Studies; Foundations
S06 Solar Energy Utilization
NO1 Naval Architecture;Off-Shore Platforms S07 Solid Wastes; Incineration; Landfill
NO2 Navigation Structures; Locks S08 Special Environments; Clean Rooms, Etc.
NO3 Nuclear Facilities; Nuclear Shielding S09 Structural Design;Special Structures
001 Office Buildings; Industrial Parks S10 Surveying; Platting; Mapping; Flood
002 Oceanographic Engineering Plain Studies
003 Ordnance;Munitions;Special Weapons S11 Sustainable Design
S12 Swimming Pools
P01 Petroleum Exploration; Refining S13 Storm Water Handling&Facilities
P02 Petroleum and Fuel(Storage and Distribution)
TO1 Telephone Systems(Rural;Mobile;Intercom,
P03 Photogrammetry Etc.)
PO4 Pipelines(Cross-Country-Liquid&Gas). T02 Testing&Inspection Services
P05 Planning(Community, Regional,Areawide and State) T03 Traffic&Transportation Engineering
T04 Topographic Surveying and Mapping
P06 Planning(Site, Installation,and Project) T05 Towers(Self-Supporting&Guyed Systems)
P07 Plumbing&Piping Design T06 Tunnels&Subways
P08 Prisons&Correctional Facilities
STANDARD FORM 330 (REV. 7/2021)
PAGE 7 OF INSTRUCTIONS
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
List of Experience Categories (Profile Codes continued)
Code Description
U01 Unexploded Ordnance Remediation
UO2 Urban Renewals;Community Development
UO3 Utilities(Gas and Steam)
V01 Value Analysis; Life-Cycle Costing
WO1 Warehouses&Depots
W02 Water Resources; Hydrology;Ground Water
W03 Water Supply;Treatment and Distribution
W04 Wind Tunnels; Research/Testing Facilities Design
Z01 Zoning; Land Use Studies
STANDARD FORM 330 (REV. 7/2021)
PAGE 8 OF INSTRUCTIONS
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
ARCHITECT-ENGINEER QUALIFICATIONS
PART I -CONTRACT-SPECIFIC QUALIFICATIONS
A. CONTRACT INFORMATION
1. TITLE AND LOCATION (City and State)
2. PUBLIC NOTICE DATE 3. SOLICITATION OR PROJECT NUMBER
B. ARCHITECT-ENGINEER POINT OF CONTACT
4. NAME AND TITLE
5. NAME OF FIRM
6. TELEPHONE NUMBER 7. FAX NUMBER 8. E-MAIL ADDRESS
C. PROPOSED TEAM
(Complete this section for the prime contractor and all key subcontractors.)
(Check)
ujz0
'z m° 9. FIRM NAME 10. ADDRESS 11. ROLE IN THIS CONTRACT
a a��
a.
❑CHECK IF BRANCH OFFICE
b.
❑CHECK IF BRANCH OFFICE
C.
❑CHECK IF BRANCH OFFICE
d.
❑CHECK IF BRANCH OFFICE
e.
❑CHECK IF BRANCH OFFICE
f.
❑CHECK IF BRANCH OFFICE
D. ORGANIZATIONAL CHART OF PROPOSED TEAM ❑ (Attached)
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330(REV. 7/2021)
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6E6693178
E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME 13. ROLE IN THIS CONTRACT 14. YEARS EXPERIENCE
a.TOTAL b.WITH CURRENT FIRM
15. FIRM NAME AND LOCATION (City and State)
16. EDUCATION(Degree and Specialization) 17. CURRENT PROFESSIONAL REGISTRATION(State and Discipline)
18. OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations, Training,Awards,etc.)
19. RELEVANT PROJECTS
(1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
PROFESSIONAL SERVICES CONSTRUCTION(If applicable)
(3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm
a.
(1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
PROFESSIONAL SERVICES CONSTRUCTION(If applicable)
(3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE E Check if project performed with current firm
b.
(1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
PROFESSIONAL SERVICES CONSTRUCTION(If applicable)
(3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE [I Check if project performed with current firm
C.
(1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
PROFESSIONAL SERVICES CONSTRUCTION(If applicable)
d. (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE E Check if project performed with current firm
(1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED
PROFESSIONAL SERVICES CONSTRUCTION(If applicable)
(3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE E Check if project performed with current firm
e.
STANDARD FORM 330 (REV. 7/2021) PAGE 2
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20. EXAMPLE PROJECT KEY
QUALIFICATIONS FOR THIS CONTRACT NUMBER
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)
21. TITLE AND LOCATION(City and State) 22. YEAR COMPLETED
PROFESSIONAL SERVICES CONSTRUCTION(If applicable)
23. PROJECT OWNER'S INFORMATION
a.PROJECT OWNER b.POINT OF CONTACT NAME c.POINT OF CONTACT TELEPHONE NUMBER
24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope,size,and cost)
25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT
(1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE
a.
(1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE
b.
(1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE
C.
(1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE
d.
(1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE
e.
(1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE
f.
STANDARD FORM 330 (REV. 7/2021) PAGE 3
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS
26. NAMES OF KEY 27. ROLE IN THIS 28. EXAMPLE PROJECTS LISTED IN SECTION F
PERSONNEL CONTRACT (Fill in"Example Projects Key"section below before completing table.
Place 'X"under project key number for participation in same or similar role.)
(From Section E, Block 12) (From Section E, Block 13) 1 2 3 4 5 6 7 8 9 10
29. EXAMPLE PROJECTS KEY
NUMBER TITLE OF EXAMPLE PROJECT(From Section F) NUMBER TITLE OF EXAMPLE PROJECT(From Section F)
1 6
2 7
3 8
4 9
5 10
STANDARD FORM 330 (REV. 7/2021) PAGE 4
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21 D6EB693178
H. ADDITIONAL INFORMATION
30. PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY. ATTACH ADDITIONAL SHEETS AS NEEDED.
I. AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.
31. SIGNATURE 32. DATE
33. NAME AND TITLE
STANDARD FORM 330 (REV. 7/2021) PAGE 5
DocuSign Envelope ID:0559CF80-7D04-4E8B-AC29-21D6EB693178
1. SOLICITATION NUMBER(If any)
ARCHITECT-ENGINEER QUALIFICATIONS
PART II -GENERAL QUALIFICATIONS
(If a firm has branch offices, complete for each specific branch office seeking work.)
2a. FIRM(or Branch Office)NAME 3. YEAR ESTABLISHED 4. UNIQUE ENTITY IDENTIFIER
2b. STREET 5. OWNERSHIP
a.TYPE
2c. CITY 2d. STATE 2e. ZIP CODE
b.SMALL BUSINESS STATUS
6a. POINT OF CONTACT NAME AND TITLE
7. NAME OF FIRM(If Block 2a is a Branch Office)
6b. TELEPHONE NUMBER 6c. EMAIL ADDRESS
8a. FORMER FIRM NAME(S)(If any) 8b. YEAR ESTABLISHED 8c. UNIQUE ENTITY IDENTIFIER
10. PROFILE OF FIRM'S EXPERIENCE
9. EMPLOYEES BY DISCIPLINE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS
c.Number of Employees a.Profile c.Revenue Index
a.Function b.Discipline b.Experience Number
Code (1)FIRM (2)BRANCH Code (see below)
Other Employees
Total
11. ANNUAL AVERAGE PROFESSIONAL PROFESSIONAL SERVICES REVENUE INDEX NUMBER
SERVICES REVENUES OF FIRM
FOR LAST 3 YEARS 1. Less than$100,000 6. $2 million to less than$5 million
(Insert revenue index number shown at right) 2. $100,000 to less than$250,000 7. $5 million to less than$10 million
a. Federal Work 3. $250,000 to less than$500,000 8. $10 million to less than$25 million
b. Non-Federal Work 4. $500,000 to less than$1 million 9. $25 million to less than$50 million
5. $1 million to less than$2 million 10. $50 million or greater
c.Total Work
12. AUTHORIZED REPRESENTATIVE
The foregoing is a statement of facts.
a.SIGNATURE b.DATE
c.NAME AND TITLE
STANDARD FORM 330 (REV. 7/2021) PAGE 6