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HomeMy WebLinkAbout2019-142-3271 Negotiate and Execute Contract for Architecture and Engineering Services RESOLUTION NO. 2019-142-3271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE NON-EXCLUSIVE CONTINUING CONTRACTS FOR CONTINUING ARCHITECTURE AND ENGINEERING SERVICES; A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A", PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's current contract for continuing architectural and engineering services has expired, and WHEREAS, the City continues to require architectural and engineering services for various ongoing projects and for future City needs, and WHEREAS, on February 21, 2019, Request for Qualifications (RFQ) Number 18-19-008 for Continuing Architectural and Engineering Services for Professional Fees $10,000 to $200,000 was solicited via BidSync, and WHEREAS, the RFQ closed on March 28, 2019, and WHEREAS, thirty (30) firms submitted responses to the solicitation, all thirty (30) were publicly read, and WHEREAS, a copy of the proposal document and submittals are available at the Assistant to the Mayor and Council's office for review, and WHEREAS, on May 14, 2109, a Selection Committee meeting was held, it was determined by the Selection Committee that all thirty (30) firms were responsive and responsible to the requirements of the RFQ, and WHEREAS, the Selection Committee scored and ranked the firms and selected all thirty (30) firms for recommendation for award, and WHEREAS, each of the responding firms indicated the Architectural and Engineering disciplines, which their firm is licensed to provide as listed below: Disciplines Firms Architect: . Anillo Toledo Lopez, LLC • Barranco Gonzalez Architecture • BEA Architects, Inc. • CSA Central, Inc. • E.L. Waters and Company, LLC • Fernandez Architecture • Jorge A. Gutierrez Architect, LLC • Nyarko Architectural Group, Inc. • Sol-ARCH, Inc. • Synalovski Romanik Saye, LLC The Tamara Peacock Company Architects of Florida • Vitalini Corazzini Architects Landscape . A&P Consulting Transportation Engineers, Architect: Corp • Barranco Gonzalez Architecture • BEA Architects, Inc. • Calvin Giordano & Associates, Inc. CSA Central, Inc. • Craven Thompson and Associates, Inc. i • Fernandez Architecture • Keith & Schnars ( KCI Technologies, Inc.) • Kimley Horn and Associates, Inc. • Sol-ARCH, Inc. • Stantec Consulting Services, Inc. 2 Resolution No. 2019-142-3271 Civil Engineer: • A&P Consulting Transportation Engineers, Corp • Barranco Gonzalez Architecture • BEA Architects, Inc. • Calvin Giordano & Associates, Inc. • CES Consultants, Inc. • CSA Central, Inc. • Craven Thompson and Associates, Inc. • E.L. Waters and Company, LLC • Florida Technical Consultants, LLC • Keith & Schnars ( KCI Technologies, Inc.) Kimley Horn and Associates, Inc. • Nyarko Architectural Group, Inc. • Premiere Design Solutions, Inc. • R.J. Behar & Company, Inc. • Stantec Consulting Services, Inc. • The Beta Jones Group, Inc. • Universal Engineering Sciences, Inc. Construction • A&P Consulting Transportation Engineers, Engineer: Corp • BEA Architects, Inc. • Calvin Giordano & Associates, Inc. • CSA Central, Inc. • Craven Thompson and Associates, Inc. • E.L. Waters and Company, LLC • Florida Technical Consultants, LLC • Keith & Schnars ( KCI Technologies, Inc.) • KimleY Horn and Associates, Inc. 3 Resolution No. 2019-142-3271 • Premiere Design Solutions, Inc. • R.J. Behar & Company, Inc. • Stantec Consulting Services, Inc. • The Beta Jones Group, Inc. Planning: • A&P Consulting Transportation Engineers, Corp • Barranco Gonzalez Architecture • BEA Architects, Inc. • Caltran Engineering Group, Inc. • Calvin Giordano & Associates, Inc. • CSA Central, Inc. • Dover Kohl & Partners • E.L. Waters and Company, LLC • Fernandez Architecture • Florida Technical Consultants, LLC • Keith & Schnars ( KCI Technologies, Inc.) • Kimley Horn and Associates, Inc. I • Premiere Design Solutions, Inc. • Stantec Consulting Services, Inc. Electrical • A&P Consulting Transportation Engineers, Engineer: Corp • Barranco Gonzalez Architecture • BEA Architects, Inc. • CSA Central, Inc. • Craven Thompson and Associates, Inc. • Keith & Schnars ( KCI Technologies, Inc.) • Nyarko Architectural Group, Inc. 4 Resolution No. 2019-142-3271 • R.J. Behar & Company, Inc. • Shamrock Engineering, Corp. • Stantec Consulting Services, Inc. i Mechanical • A&P Consulting Transportation Engineers, Engineer: Corp • Barranco Gonzalez Architecture • BEA Architects, Inc. • CSA Central, Inc. j • Keith & Schnars ( KCI Technologies, Inc.) • Nyarko Architectural Group, Inc. • R.J. Behar & Company, Inc. • Shamrock Engineering, Corp. • Vitalini Corazzini Architects Structural • A&P Consulting Transportation Engineers, Engineer: Corp • Barranco Gonzalez Architecture • BEA Architects, Inc. i • Billerreinhart Engineering Group, Inc. • CSA Central, Inc. • Craven Thompson and Associates, Inc. • Eastern Engineering Group • Keith & Schnars ( KCI Technologies, Inc.) • Kimley Horn and Associates, Inc. • Nyarko Architectural Group, Inc. • R.J. Behar & Company, Inc. • Stantec Consulting Services, Inc. • Vitalini Corazzini Architects Traffic and • A&P Consulting Transportation Engineers, 5 Resolution No 2019-142-3271 Transportation Corp Engineer: • Barranco Gonzalez Architecture • BEA Architects, Inc. • Caltran Engineering Group, Inc. • Calvin Giordano & Associates, Inc. • CSA Central, Inc. • Craven Thompson and Associates, Inc. • E.L. Waters and Company, LLC • Kimley Horn and Associates, Inc. • R.J. Behar & Company, Inc. • Stantec Consulting Services, Inc. Surveying • A&P Consulting Transportation Engineers, Services: Corp • Barranco Gonzalez Architecture • BEA Architects, Inc. • Biscayne Engineering Company, Inc. • Calvin Giordano & Associates, Inc. • Craven Thompson and Associates, Inc. • E.L. Waters and Company, LLC • Keith & Schnars ( KCI Technologies, Inc.) • Kimley Horn and Associates, Inc. • Premiere Design Solutions, Inc. i • R.J. Behar & Company, Inc. GIS: • A&P Consulting Transportation Engineers, Corp • Barranco Gonzalez Architecture • BEA Architects, Inc. i • Calvin Giordano & Associates, Inc. 6 Resolution No. 2019-142-3271 • CSA Central, Inc. • Craven Thompson and Associates, Inc. • Dover Kohl & Partners • E.L. Waters and Company, LLC • Florida Technical Consultants, LLC • Keith & Schnars ( KCI Technologies, Inc.) • Kimley Horn and Associates, Inc. • Premiere Design Solutions, Inc. • R.J. Behar & Company, Inc. • Stantec Consulting Services, Inc. Other . BEA Architects, Inc. Environmental- • Calvin Giordano & Associates, Inc. • CSA Central, Inc. • Craven Thompson and Associates, Inc. • Keith & Schnars ( KCI Technologies, Inc.) Other . BEA Architects, Inc. Architectural and • Caltran Engineering Group, Inc. Engineering CSA Central, Inc. Services: • Craven Thompson and Associates, Inc. • Dover Kohl & Partners E.L. Waters and Company, LLC • Fernandez Architecture • Florida Technical Consultants, LLC Keith & Schnars ( KCI Technologies, Inc.) • R.J. Behar & Company, Inc. 7 Resolution No. 2019-142-3271 WHEREAS, the Office of Procurement Management applied the City of Miami Gardens Business and Resident Economic Growth Plan (CMG-BREP) to this solicitation, and WHEREAS, staff is recommending the City Council to authorize the City Manager to negotiate and execute non-exclusive continuing contracts with the awarded firms for continuing architecture and engineering services, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1 : ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to negotiate and execute non-exclusive continuing contracts with the awarded firms for continuing architecture and engineering services. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 12, 2019. r ` OLI R GILBERT, III, MAYOR ATTEST: MARIO BATAILLE, CITY CLERK 8 Resolution No. 2019-142-3271 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Vice Mayor Harris Seconded by Councilwoman Odom VOTE: 7-0 Mayor Oliver Gilbert, III X (Yes) (No) Vice Mayor Rodney Harris X (Yes) (No) Councilwoman Katrina Wilson X (Yes) (No) Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No) Councilwoman Lillie Q. Odom X (Yes) (No) Councilman Reggie Leon X (Yes) (No) Councilman David Williams Jr X (Yes) (No) 9 Resolution No. 2019-142-3271 Page 330 of 519 Exhibit A CITY OF MIAMI GARDENS NONEXCLUSIVE PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2019 by and between the City of Miami Gardens, a Florida municipal corporation, (hereinafter referred to as "City"), and [INSERT COMPANY NAME], authorized to do business in the State of Florida, (hereinafter referred to as "Consultant")and jointly referred to as the Parties. WITNESSETH: WHEREAS, the City desires to hire the Consultant on a nonexclusive basis to provide professional continuing services (Services) as expressed in the City's Request for Qualifications No. 18-19-008, which was posted on February 21, 2019, and to which Consultant responded a copy of which is also incorporated herein by reference and as more particularly described below; and WHEREAS,the Consultant has expressed the capability and desire to perform the Services described in Exhibit"1" attached hereto and incorporated herein by reference, as described in the City's Request for Qualifications and Consultant's response thereto; and WHEREAS, the City's Request for Qualifications No. 18-19-008 was undertaken in accordance with Section 287.055, Florida Statutes, Florida's Consultant Competitive Negotiation Act and the parties hereto have complied with all the requirements therein. WHEREAS, the Consultant and City desire to enter into the foregoing Agreement. NOW, THEREFORE, in consideration of the mutual terms and conditions, the Parties agree as follows: ARTICLE 1 1.1 The above Recitals are incorporated herein by reference. The following documents are incorporated and made part of this Agreement: ❑ Specifications prepared by the City in its Request for Qualifications No. 18-19-008 (Exhibit 1). ❑ Proposal for the City prepared by the Consultant(Exhibit 2) ❑ The above Recitals are incorporated herein by reference Continuing Contract Page 1 of 29 Continuing Engineering Services 10-200K Professional Services Page 331 of 519 1.2 All exhibits may also be collectively referred to as the "Documents". In the event of any conflict between the Documents or any ambiguity or missing specification or instruction, the following priority is established: ❑ Specific direction from the City Manager(or designee). ❑ This Agreement and all attachments ❑ Exhibit 1 ❑ Exhibit 2 ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1 General 2.1.1 The Consultant agrees, upon issuance of a written work authorization, to perform for the benefit of the City part or all of the Services set forth and described in this Agreement and as provided for in Sections 2 through 5 and the Documents including, but not limited to: Architectural Design, Landscape Architect, Construction Engineer and etc., on various projects within the City. Consultant shall perform the Services in accordance with standard industry practice. The Consultant shall guard against defects in its work or its consultants or sub- consultants work. 2.2 Preliminary Services 2.2.1 The Consultant shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies and evaluation of existing facilities; preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the City as may be necessary for the City to reach decisions concerning the subject matter. The Consultant shall attend meetings with the City Council and City staff as may be required. Provide the City with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. During this phase, the Consultant shall advise the City, based on Consultant's professional opinion and the current project conditions and reasonably foreseeable conditions, of the completeness of existing data and its suitability for the intended purposes of the project; Consultant to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the City's needs for surveys, site evaluations and comparative studies of prospective sites and solutions; and prepare Continuing Contract Page 2 of 29 Continuing Engineering Services 10-200K Professional Services Page 332 of 519 and furnish not more than six (6) copies of a report setting forth the Consultant's findings and recommendations. 2.2.2 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 2.2.3 Preliminary design services to be performed by the Consultant shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six(6)copies of the preliminary design documents shall be furnished to the City, the exact number needed shall be determined by the City. 2.2.4 Consultant shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project and/or Upon authorization of the City, the Consultant will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the City in matters relating to regulatory agency operations review or operating permit noncompliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, maintenance and staffing manuals for the project. 2.3 Basic Services 2.3.1 The Consultant shall, consult and advise the City in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work, and prepare contract documents and a final estimate of Probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to (6) copies of plans and specifications to the City; the exact number needed shall be determined by the City. Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These Continuing Contract Page 3 of 29 Continuing Engineering Services 10-200K Professional Services Page 333 of 519 applications shall include,but not be limited to site plan approvals,or other permits and work efforts and shall also consist of meeting at the staff level and meetings with the appropriate governing body and the City. Unless specifically provided for under the final design phase,permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits or landfill permits. 2.3.2 The Consultant, based upon the approved Design Documents and any adjustments authorized by the City in each Project, project schedule or construction budget, shall prepare, for approval by the City,Design Development Documents consisting of drawings and other documents to fix and describe the size and character of each Project's civil engineering, environmental, landscape, architectural, structural, mechanical and electrical systems and any other requirements or systems,materials and such other elements as may be appropriate for a complete project. The Consultant shall also advise the City of any adjustments to the preliminary estimate of probable Construction Costs. 2.3.3 The Consultant, based upon City approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget, shall prepare Construction Documents within the number of calendar days specified within any notice issued by the City. The Construction Documents shall consist of Drawings and Specifications setting forth in detail the requirements for the construction of each Project. 2.3.4 The Consultant shall assist the City in the preparation of the necessary proposal information and forms. 2.3.5 The Consultant shall advise the City of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements or general market conditions. 2.3.6 The Consultant shall submit to the City, for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 2.3.7 Consultant shall include in the Construction Documents a requirement that the Construction Contractor shall provide a final as-built survey of the Project in Auto Cad electronic format by a Registered Land Surveyor, and provide marked up construction drawings to Consultant so that the Consultant can prepare and deliver to the City the record drawings in the form required by the City and as required. 2.3.8 Prior to final approval of the Construction Documents by the City, the Consultant shall conduct a thorough review and quality control evaluation of the entire Work Continuing Contract Page 4 of 29 Continuing Engineering Services 10-200K Professional Services Page 334 of 519 Product to ensure compliance with requirements of any local, state or federal agency from which a permit or other approval is required. The Consultant shall insure that all necessary approvals have taken place. 2.3.9 Prior to each phased submittal, the Consultant shall conduct a thorough quality control review and assessment of the Work Product to ensure that all work is properly coordinated and that the City and agency comments have been addressed and incorporated into the Contract Documents. The Consultant shall provide to the City a Quality Assurance and Quality Control Plan in a format that will assure the City that all work has been performed as required per ISO 9000 standards. A monthly report shall be submitted in accordance with those standards to apprise the City that due care has been taken in the preparation of the Contract Documents to ensure the highest level of quality. 2.3.10 The Consultant shall signify responsibility for the Construction Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Chapters 471 and 481, Florida Statutes, if applicable. The Consultant shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in the preparation of the work. 2.3.11 The Consultant shall guarantee the construction documents, technical specifications and drawings are completed to the City's satisfaction in the time frame agreed upon at the onset of the project. If the Consultant does not adhere to the agreed upon time schedule, the Consultant agrees to compensate the City for any additional costs incurred by the City or for any loss of funding which may result in delay of the project. 2.4 The Consultant, following the City's approval of the Construction Documents and of the latest estimate of Probable Construction Cost, shall, when so directed and authorized by the City, assist the City in obtaining Proposals or negotiated proposals and assist in awarding and preparing contracts for construction. 2.4.1 The Consultant shall review and analyze the proposals received by the City, and shall make a recommendation for any award based on the City's Procurement Ordinance. 2.4.2 Should the lowest responsible, responsive bid, as recommended by Consultant, exceed the Estimated Total Construction Cost of the Final Design Plan by less than 25% for small projects (equal to or less than $1 million) or 10% for large projects (more than$1 million),Consultant,at no additional cost to the City,shall meet with the City's representatives to identify ways to reduce costs to bring the Project cost to within the Final Estimated Probable Total Construction Cost of the Final Design Continuing Contract Page 5 of 29 Continuing Engineering Services 10-200K Professional Services Page 335 of 519 Plan, and if after meeting with the City, the City determines that they cannot identify ways to reduce costs, Consultant will be required to redesign portions of the Project, within 3 months following direction from the City, to bring the cost of the Project within the Final Estimated Probable Total Construction Cost of the Final Design Plan, at no additional expense to the City. If the Project is not advertised for Proposals within 3 months after delivery of Final Design Plans,through no fault of Consultant or if industry-wide prices are changed because of unusual or unanticipated events affecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the City's representative and as approved by the City if necessary. If the City expands a Project scope of work after the Consultant renders the Final Estimated Probable Construction Cost of the Final Design Plans, the Consultant shall not be responsible for any redesign without compensation, which shall be mutually agreed to by the parties hereto. Should the lowest, responsible, responsive bid, as recommended by Consultant,be less than the Estimated Total Construction Cost of the Final Design Plan by more than 25% for small projects (equal to or less than $1 million) or 10% for large projects(more than$1 million),and if Consultant's compensation was a percentage of the estimated construction cost, than Consultant's services shall be adjusted to one half of the difference between the Consultant's estimated cost and the lowest responsible responsive bid. 2.4.3 The Consultant shall provide the City with a list of recommended, prospective bidders. 2.4.4 The Consultant shall attend all pre-proposal conferences. 2.4.5 The Consultant shall recommend any addenda, through the City's representative, as appropriate to clarify, correct, or change Proposal Documents. 2.4.6 If Pre-Qualification of Bidders is required as set forth in the Request for Proposal, Consultant shall assist the City, if requested, in developing qualification criteria, review qualifications and recommend acceptance or rejection of the Bidders. 2.4.7 If requested, Consultant shall evaluate proposals and Bidders, and make recommendations regarding any award by the City. 2.5 The City shall make decisions on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the Consultant. The Consultant shall check and approve samples, schedules, shop drawings and other submissions for conformance with the concept of the Project, and for compliance with the information given by the Continuing Contract Page 6 of 29 Continuing Engineering Services 10-200K Professional Services Page 336 of 519 Construction Documents. The Consultant shall also prepare Change Orders, assemble written guarantees required of the Contractor, and approve progress payments to the Contractor based on each Project Schedule of Values and the percentage of Work completed. 2.5.1 The City shall maintain a record of all change orders which shall be categorized according to the various types,causes,etc.that it may be determined are useful and necessary for its purpose. Among those shall be change orders, which are identified as architectural/engineering errors or omissions. An error determined to be caused solely by the Consultant and the costs of which would not otherwise have been a necessary expense to the City for the project shall be considered for purposes of this agreement to be an additional cost to the City,which would not be incurred without the error or omission. If the Consultant is not the Construction Manager for the construction, the City shall notify the Consultant within 3 days of the discovery of any architectural/engineering error or omission so that the Consultant can be part of the negotiations resolving the claim between the City and the Contractor. So long as the total additional cost of construction for all errors caused solely by the Consultant remain less than Five Percent (5%) of the total construction cost for projects (equal to or less than $1 million) or Two and One Half Percent (2.5%) for large projects (more than $1 million), the City shall not look to the Consultant and/or its insurer for reimbursement for additional costs caused by errors and omissions. However, the Consultant shall be required to provide, at no cost to the City, services including redesign if necessary to resolve the error or omission. Should the sum of the additional construction costs for errors in total exceed Five Percent (5%) of the total construction cost for projects(equal to or less than $1 million) or Two and One Half(2.5%) for large projects (more than $1 million), the City shall be entitled to recover the full and total additional cost to the City as a result of Consultant errors and omissions from the Consultant. To obtain such recovery, the City shall deduct from the Consultant's fee a sufficient amount to recover all such additional cost to the City up to the amount of the Consultant's insurance deductible. Should additional costs incurred by the City exceed the Consultant's insurance deductible,the City shall look to the Consultant and the Consultant's insurer for the remaining amount of additional construction costs incurred by the City. The recovery of additional costs to the City under this paragraph shall not limit or preclude recovery for other separate and/or additional damages, which the City may otherwise incur. The City reserves the right to withhold from the Consultant's fees or the Consultant's request for payment such amounts for the Consultant's errors and omissions, as determined by the City,after a meeting with the Consultant and City Continuing Contract Page 7 of 29 Continuing Engineering Services 10-200K Professional Services Page 337 of 519 staff. The Consultant shall retain all rights to assert a claim to recover any amount so withheld. The Consultant recognizes that the City's right to withhold payments is a material inducement to the City entering into this agreement. Withholding any monies herein shall not be deemed a default and/or breach of this agreement by the City and the Consultant shall continue performance of all services required under this agreement notwithstanding such withholding of monies by the City. The recovery of additional costs to the City under this paragraph shall not limit or preclude recovery for other separate and/or additional damages that the City may otherwise incur. ■ This paragraph does not apply to changes requested by the City of Miami Gardens ■ The provision of 2.5.1 does not constitute a waiver of the City's right to claim or recover damages in excess of the Consultant's basic services fees through litigation or other means. The City of Miami Gardens reserves the right to act as Project Manager. 2.6 The Consultant shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation. The purpose of such review and examination will be to protect the City from an unbalanced Schedule of Values which allocates greater value to certain elements of each Project than is indicated by industry standards,supporting documentation, or data. If the Schedule of Values is not found to be appropriate, it shall be returned to the Contractor for revision or supporting documentation. After making such examination,when the Schedule of Values is found to be appropriate,the Consultant shall sign the Schedule of Values indicating informed belief that the Schedule of Values constitutes a reasonable,balanced basis for payment of the Contract price to the Contractor. 2.7 The Consultant shall perform on-site construction observation of each Project based on the Construction Documents in accordance with Paragraph 2.12 of this Agreement. The Consultant's observation shall determine the progress and quality of the work, and whether the work is proceeding in accordance with the Construction Documents. The Consultant will provide the City with a written report of each site visit in order to inform the City of the progress of the Work. The Consultant shall endeavor to guard the City against defects and deficiencies in the work of Contractors, and make written recommendation to the City where the Work fails to conform to the Construction Documents. Based on such observation and the Contractor's Application for Payment, the Consultant shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the City, based on such observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate for Payment,the Consultant will also represent to the City that, to the best of its information and belief,based on what its observations have revealed, the work is in accordance with the Construction Documents. The Consultant Continuing Contract Page 8 of 29 Continuing Engineering Services 10-200K Professional Services Page 338 of 519 shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final Payment. 2.8 The Consultant shall revise the Construction Drawings and submit record or corrected drawings to the City to show those changes made during the construction process, based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF Files and Auto. Cad files in a form compatible with the City's version of Auto Cad formats for archival purposes. 2.9 The Consultant shall attend regularly scheduled progress meetings on site by-monthly or as otherwise determined based on a specific need established prior to construction by the City. 2.10 The Consultant shall prepare construction Change Orders for the City's approval. Consultant shall not authorize any changes in the work or time, no matter how minor, without prior written approval of City. 2.11 Each project's construction or demolition shall be considered complete upon compilation of a punch list by Consultant, written notification to Contractor by Consultant that all releases of liens are satisfied and written recommendation by Consultant for final payment to the Contractor, which shall be at the sole decision of the City. 2.12 Resident Project Services. During the construction progress of any work the Consultant will, if authorized by the City, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the Consultant. Resident project representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to provide protection for the City against defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include,but is not limited to, the following: ❑ Conducting all preconstruction conferences; ❑ Conducting all necessary construction progress meetings; ❑ Observation of the work in progress, to the extent authorized by the City; ❑ Receipt,review coordination and disbursement of shop drawings and other submittals; ❑ Maintenance and preparation of progress reports; ❑ Field observation and approval of materials for conformance to the specifications; Continuing Contract Page 9 of 29 Continuing Engineering Services 10-200K Professional Services Page 339 of 519 ❑ Field observation and verification of quantities of equipment and materials installed; ❑ Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; ❑ Maintenance at each Project site, on a current basis, of all drawings, specifications, contracts, samples,permits, and other Project related documents, and at the completion of each Project, deliver all such records to the City; ❑ Preparation, update and distribution of a Project Budget with each Project Schedule; ❑ Notification to the City immediately if it appears that either each Project Schedule or each Project Budget will not be met; ❑ Scheduling and conducting monthly progress meetings, at which City, Engineer, General Contractor, Trade Contractor, Utilities Representative, Suppliers, can jointly discuss such matters as procedures,progress, problems and scheduling; ❑ Recommending courses of action, and enforcing courses selected by the City, if so directed by the City, if the General and/or Trade contractors are not meeting the requirements of the plans, specifications, and construction contract; ❑ Development and implementation of a system for the preparation, review, and processing of Change Orders; ❑ Maintenance of a daily log of each Project; ❑ Recording the progress of each Project, and submission of written monthly progress reports to the City,including information on the Contractors'Work,and the percentage of completion; ❑ Determination of substantial and final completion of work and preparation of a list of incomplete or unsatisfactory items and a schedule for their completion; ❑ Securing and transmitting to the City required guarantees, affidavits, releases, key manuals, record drawings, and maintenance stocks; and The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the Consultant or the City in connection with the Work. The Resident Project Representative shall be a person acceptable to the City, and the City shall have the right to employ personnel to observe the work in progress, provided,however, that such personnel as are employed by the City and Continuing Contract Page 10 of 29 Continuing Engineering Services 10-200K Professional Services Page 340 of 519 such personnel will be responsible directly to the City in the performance of work that would otherwise be assumed and performed by the Consultant. ARTICLE 3 ADDITIONAL SERVICES 3.1 When authorized pursuant to a written Work Authorization, the Consultant shall furnish the following additional services: ❑ Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. ❑ Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the City. ❑ Services resulting from significant changes in the general scope, extent or character of any particular project or its design including, but not limited to, changes in size, complexity, the City's schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the Consultant's control. ❑ Providing renderings or models for the City's use. ❑ Preparing documents for alternate Proposals requested by the City for work that is not executed or documents for out-of-sequence work. ❑ Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the City in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the City. ❑ Assistance in connection with Proposal/proposal protests, re-bidding or renegotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the City to be caused by the Consultant (e.g., Continuing Contract Page I 1 of 29 Continuing Engineering Services 10-200K Professional Services Page 341 of 519 defective plans and/or specifications which inhibit contractors from submitting Proposals), in which event there shall be no additional cost for the provision of such services. ❑ Preparing to serve or serving as a Consultant or witness for the City in any litigation, arbitration or other legal or administrative proceeding. ❑ Additional services in connection with a project not otherwise provided for in this Agreement. ❑ Services in connection with a work directive change or change order requested by the City. ❑ Providing artwork,models, or renderings as requested by the City. 3.2 When required by the Construction Contract Documents in circumstances beyond the Consultant's control, and upon the City's authorization, it will furnish the following additional services: ❑ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. ❑ Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the Consultant. ❑ Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or negligent work of any Contractor,(3)acceleration of the progress schedule involving services beyond normal working hours, or (4) default by any Contractor; provided,however, if a fire occurs as a direct result of errors or omissions in the design by the Consultant or if the Consultant negligently fails to notify the Contractor of the status of their workmanship pursuant to Consultant's duties as described in the Contract Documents, the Consultant's additional construction services related to the remedy shall be deemed part of Basic Services and compensated as such. ❑ Services in connection with any partial utilization of any part of a project by City prior to Substantial Completion. Continuing Contract Page 12 of 29 Continuing Engineering Services 10-200K Professional Services Page 342 of 519 ❑ Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract Award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract. ❑ Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the Consultant, in which case such services shall be deemed Basic Services. Except when caused by a design error by the Consultant, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. ARTICLE 4 CITY'S RESPONSIBILITIES 4.1 The City shall do the following in a timely manner so as not to delay the services of the Consultant: 4.1.1 Designate in writing a person to act as the City's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions and receive information with respect to the Consultant's services for a particular project. 4.1.2 Provide all criteria and full information as to the City's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 4.1.3 Assist the Consultant by placing at the Consultant's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4.1.4 Fumish to the Consultant, if required for performance of the Consultant's services (except where otherwise furnished by the Consultant as Additional Services), the following: 4.1.4.1 Data prepared by, or services of others, including without limitation borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; Continuing Contract Page 13 of 29 Continuing Engineering Services 10-200K Professional Services Page 343 of 519 4.1.4.2 Appropriate professional interpretations of all of the foregoing; 4.1.4.3 Environmental assessment and impact statements; 4.1.4.4 Property, boundary, easement, right-of-way, topographic and utility surveys; 4.1.4.5 Property descriptions; 4.1.4.6 Zoning, deed and other land use restrictions; 4.1.4.7 Approvals and permits required in the City's jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the Consultant; and 4.1.4.8 Arrange for access to and make all provisions for the Consultant to enter upon the City's property as required for the Consultant to perform services under this Agreement. ARTICLE 5 SEQUENCE OF SERVICES AND TIME FOR PERFORMANCE 5.1 This Agreement shall commence upon the execution by both parties and shall continue for an initial period of three (3) years, unless terminated sooner as provided for in this Agreement. The Consultant understands and acknowledges that the Services to be performed during the three(3)year term will be governed by this Agreement,and that there is no guarantee of future work being given to the Consultant. 5.2 Parties agree and understand that this Agreement shall be renewable after the expiration of the initial three (3) year period with terms and conditions to be agreed upon by City and Consultant. 5.3 Following receipt of any written work authorization the Consultant shall submit to the City, at least five (5) days prior to actually commencing services, a schedule of services and expenses for approval by the City before any services commence. The City reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. Work authorizations will be issued to the Consultant in the order in which the City wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the City. Minor adjustments to the timetable for completion Continuing Contract Page 14 of 29 Continuing Engineering Services 10-200K Professional Services Page 344 of 519 approved by City in advance, in writing, shall not constitute non-performance by Consultant pursuant to this Agreement. 5.4 When the City issues work authorizations to the Consultant,each authorization will contain a stated completion schedule. Failure of the Consultant to meet the stated schedule will constitute a default, for which payment for services may be withheld until default is cured. Time extensions will be reviewed, upon request, for extenuating circumstances. It is anticipated and intended that the Consultant will be authorized to begin new work authorizations on a "rolling" basis, as some already assigned work authorizations near timely completion. If a subsequent work authorization is issued to the Consultant before it has completed the current work authorization, the completion date for each work authorization will remain independent of each other, so that the Consultant will prioritize the uncompleted work authorization from the first work authorization and finish them as soon as practical. Failure to complete these"older"work authorizations in a timely manner may adversely impact upon continued early authorization to start a subsequent work. 5.5 When the Consultant has exceeded the stated completion date, including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) calendar days of the date that the default became active with a requirement of seven (7) days to cure said default, to the Consultant and payment for services rendered shall be withheld until such time that the City has determined that default has been cured. 5.6 Should the Consultant exceed the assigned completion time,the City reserves the right not to issue to the Consultant any further work authorizations until such time as there is no longer in a Default and the Consultant has demonstrated,to the City's satisfaction,that the reasons for tardy completion have been addressed and are not likely to be repeated in subsequent work authorizations. This restricted issuance provision may result in the Consultant not being issued all of the planned work the City anticipated in this Agreement. The Consultant shall have no right to the balance of any work, nor to any compensation associated with these non-issued work authorizations, due to the Consultant being in Default. 5.7 Should the Consultant remain in Default for a time period of fifteen (15) consecutive calendar days beyond the time frame provided in article 5.5, the City may, at its option, retain another Consultant to perform any Work arising out of this Agreement and/or terminate this Agreement. ARTICLE 6 DELAY IN PERFORMANCE/SUSPENSION OR ABANDONMENT Continuing Contract Page 15 of 29 Continuing Engineering Services 10-200K Professional Services Page 345 of 519 6.1 City shall be entitled to withhold progress payments to Consultant for services rendered until completion of services to the City's satisfaction. 6.2 A delay due to an Act of God, fire, lockout, strike or labor dispute, manufacturing delay, riot or civil commotion, act of public enemy or other cause beyond the control of Consultant, or by interruption of or delay in transportation, labor trouble from whatever cause arising and whether or not the demands of the employees involved are reasonable and with City's power to concede, partial or complete suspension of City's operations, compliance with any order or request of any governmental officer, department, agency, or committee shall not subject City to any liability to Consultant. At the City's option, the period specified for performance of services shall be extended by the period of delay occasioned by any such circumstance, and services omitted shall be made or performed during such extension, or the services so omitted shall extend this Agreement for a period equal to such delay. During this period such delay shall not constitute a delay by the Consultant. 6.3 If a project is suspended for the convenience of the City for more than six months, or abandoned in whole or in part for the convenience of the City under any phase, the City will give written notice to the Consultant of such project abandonment or suspension. The Consultant will be compensated only for work completed prior to abandonment or suspension. The City will not be liable for overhead, or any other cost direct or indirect, that the Consultant may incur outside of any direct costs associated with a project. If a project is resumed after having been suspended for an excess of six months, the Consultant's further compensation may be renegotiated, but the City shall have no obligation to complete the project. ARTICLE 7 COMPENSATION AND METHOD OF PAYMENT 7.1 City agrees to compensate Consultant for the services performed(whether based upon a negotiated lump sum based on percentage of construction,hourly with a cap or some other agreed to format) pursuant to the provisions of this Agreement, and based on the hourly rates and/or percentages as set forth and identified on Exhibit"A", attached hereto. 7.2 The Consultant shall submit to the City for approval, prior to actual performance, the anticipated number of hours to be expended and the personnel to be assigned to each Project. If the services are performed in accordance with the City's approved expenditure of hours and utilization of personnel, the Consultant shall be entitled to invoice for work authorizations as they are completed. The Consultant shall submit an original invoice and Continuing Contract Page 16 of 29 Continuing Engineering Services 10-200K Professional Services Page 346 of 519 one copy to the City. This will be considered the official request for payment. The invoices shall include the following information: Invoice number for each work order and date; Purchase Order Number; Amount previously billed; Purchase Order balance unbilled; Amount due this invoice. 7.3 Consultant agrees that, with respect to any sub consultant or subcontractor to be utilized by Consultant on any particular work authorization, Consultant shall be limited to a maximum markup of one point five percent(1.5%)on the subcontractor or sub consultant's fees. The limitations on a reimbursable expenses for subcontractors or sub consultants shall be same as those approved for the consultant without mark-up. 7.4 The City shall pay Consultant within thirty (30) days of receipt of any invoice the total shown to be due on such invoice, provided the City has accepted the Consultant's performance. ARTICLE 8 OWNERSHIP OF DOCUMENTS 8.1 All documents, design plans and specifications resulting from the professional services rendered by the Consultant under this Agreement shall be deemed the sole property of the City, and the City shall have all rights incident to the sole ownership. Consultant agrees that all documents maintained and generated pursuant to this contractual relationship between City and Consultant shall be subject to all provisions of Chapter 119.01 et. seq. Florida Statutes. 8.2 The Consultant shall agree to indemnify and hold harmless the City, 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. ARTICLE 9 COURT APPEARANCE, CONFERENCES AND HEARINGS Continuing Contract Page 17 of 29 Continuing Engineering Services 10-200K Professional Services Page 347 of 519 9.1 This Agreement shall obligate the Consultant to prepare for and appear in litigation or any other proceeding on behalf of the City for any dispute arising out of this Agreement. Except for litigation caused by errors or omissions of the Consultant, Consultant shall be compensated for such litigation support services at its prevailing rates for such services. 9.2 The Consultant shall confer with the City during the performance of the Services regarding the interpretation of this Agreement,the correction of errors and omissions,the preparation of any necessary revisions to correct errors and omissions or the clarification of service requirements, all without compensation. ARTICLE`10 REPRESENTATIONS 10.1 The Consultant shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement and all services performed under this Agreement shall be done in a professional manner. 10.2 The Consultant represents, with full knowledge that the City is relying upon these representations when entering into this Agreement with the Consultant,that the Consultant has the professional expertise, experience and manpower to perform the services as described in this Agreement. 10.3 The Consultant shall be responsible for technically deficient designs,reports or studies due to Consultant's errors and omissions, for four years after the date of final acceptance of the Services by the City or as provided under Florida law,whichever is greater. The Consultant shall, upon the request of the City, promptly correct or replace all deficient work due to errors or omissions which fall below the recognized standard of care,without cost to City. The Consultant shall also be responsible for all damages resulting from the Consultant's documents. Payment in full by the City for services performed does not constitute a waiver of this representation. 10.4 All services performed by the Consultant shall be to the satisfaction of the City. In cases of disagreement or ambiguity, the City shall decide all questions, difficulties and disputes of whatever nature that may arise under this Agreement. The City's decision on all claims or questions is final. 10.5 The Consultant warrants and represents that all of its employees,other consultants and sub- consultants are treated equally during employment or retention without regard to race, color, religion, gender, age or national origin. 10.6 The Consultant represents that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Continuing Contract Page 18 of 29 Continuing Engineering Services 10-200K Professional Services Page 348 of 519 contract and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee,commission,percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this representation, the City shall have the right to cancel this Agreement without liability to the Consultant or any third party. Execution of this Agreement by Consultant shall act as the execution of a truth-in-negotiation certificate certifying that wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of this Agreement ARTICLE 11 NOTICES All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated or as may be changed from time to time. Such notice shall be deemed given on the day on which personally served, or if by mail, on the date of actual receipt. Consultant: City: City of Miami Gardens 18605 NW 27`h Avenue Miami Gardens, Florida 33056 Attention: City Manager With a copy to: City Attorney 18605 NW 27`h Avenue Miami Gardens, Florida 33056 ARTICLE 12 AUDIT RIGHTS The City reserves the right to audit the records of the Consultant covered by this Agreement at any time during the execution of the Services and for a period three (3) years after final payment is made for any Work performed. ARTICLE 13 SUBCONTRACTING Continuing Contract Page 19 of 29 Continuing Engineering Services 10-200K Professional Services Page 349 of 519 13.1 No Services shall be subcontracted, assigned, or transferred under this Agreement without the prior consent of the City, which consent maybe withheld. 13.2 The Consultant shall be fully responsible to the City for all acts and omissions of any agents or employees, or approved subcontractors. Subcontractors shall have appropriate general liability, professional liability, and workers' compensation insurance, or be covered by Consultant's insurance. Consultant shall furnish the City with appropriate proof of insurance and releases from all subcontractors in connection with the work performed. ARTICLE 14 TERMINATION 14.1 The City retains the right to terminate Consultant's services and/or this Agreement, with or without cause,upon ten(10)days written notice, at any time prior without penalty. City shall only be responsible to pay the Consultant for any service actually rendered up to the date of termination. Consultant shall not be entitled to any other amounts or damages, including but not limited to anticipated profits or consequential damages, special damages or any other type of damages upon termination by the City pursuant to this Article. 14.2 It is understood by the City and Consultant that any payment to Consultant shall be made only if Consultant is not in default under the terms of this Agreement. 14.3. Upon receipt of a Termination Notice and except as otherwise directed by the City, Consultant shall: 14.3.1 Stop work on the date and to the extent specified. 14.3.2 Terminate and settle all orders relating to the terminated work. 14.3.3 Transfer all work in progress, completed work, and other materials related to the terminated work to the City. ARTICLE 15 DEFAULT 15.1 An event of default shall mean a breach of this Agreement by the Consultant. Without limiting the generality of the foregoing and in addition to those instances referred to as a breach, an event of default shall include the following: Consultant has not performed services on a timely basis; Consultant has refused or failed to supply enough properly skilled Personnel; Continuing Contract Page 20 of 29 Continuing Engineering Services 10-200K Professional Services Page 350 of 519 Consultant has failed to make prompt payment to subcontractors or suppliers for any services after receiving payment from the City for such services or supplies; Consultant has failed to obtain the approval of the City where required by this Agreement; Consultant has failed in any representations made in this Agreement; or Consultant has refused or failed to provide the Services as defined in this Agreement. Consultant has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within 90 days of such date. 15.2 In an Event of Default, the Consultant shall be liable for all damages resulting from the default, including: ❑ The difference between the amount that has been paid to the Consultant and the amount required to complete the Consultant's work,provided the fees by the firm replacing the Consultant are reasonable and the hourly rates do not exceed the Consultant's rates. This amount shall also include procurement and administrative costs incurred by the City. ❑ Consequential damages and Incidental damages. 15.3 The City may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the City. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The City's rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the City in law or in equity. ARTICLE 16 INDEMNIFICATION 16.1 The Consultant shall defend, indemnify and hold harmless the City, its officers and employees 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. Continuing Contract Page 21 of 29 Continuing Engineering Services 10-200K Professional Services Page 351 of 519 Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. One percent ( 1%) of the contract amount shall represent the consideration to be provided for this indemnification. Nothing contained herein shall be deemed a waiver of sovereign immunity. ARTICLE 17 INSURANCE 17.1 Throughout the term of this Agreement, the Consultant shall maintain in force at its own expense, insurance as follows: 17.1.1 Workers' Compensation: Workers' Compensation Insurance with statutory limits, including coverage for Employer's Liability, with limits not less than $100,000. 17.1.2 General Liability: Commercial General Liability with limits not less than $1,000,000 each occurrence combined single limit for Bodily Injury and Property damage including coverage for contractual liability, personal injury, broad form property damage, products and completed operations that could arise directly or indirectly from the performance of this Agreement. No more than a $10,000.00 deductible for combined single limit for bodily injury liability and property damage liability. This coverage is required by the Consultant and any subcontractor or anyone directly or indirectly employed by either of them. The City shall be named additional insured. 17.1.3 Automobile Liability: Comprehensive or Business Automobile Liability Insurance with not less than $100,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverage for owned, hire and non-owned vehicles as applicable. The Consultant and any of its approved subcontractors shall take out and maintain this insurance coverage against claims for damages resulting from bodily injury,including wrongful death and property damage which may arise from the operations of any owned, hired or non-owned automobiles and/or equipment used in any endeavor in connection with the carrying out of this Agreement. The City shall be named as an additional insured. 17.1.4 Professional Liability: The Consultant, its officers, employees and agents will provide the City a Certificate of Insurance evidencing professional liability insurance with limits of not less than $1,000,000 aggregate with respect to acts, errors or omissions in connection with professional services to be provided under this Agreement and any deductible is not to exceed $25,000 for each claim. Consultant represents it is financially responsible for the deductible amount. Continuing Contract Page 22 of 29 Continuing Engineering Services 10-200K Professional Services Page 352 of 519 The Consultant shall maintain professional liability insurance during the term of this Agreement and for a period of four (4) years from the date of completion of each Project. In the event that Consultant goes out of business during the term of this Agreement or the four (4) year period described above, Consultant shall purchase Extended Reporting Coverage for claims arising out of Consultant's negligent acts errors and omissions during the term of the Professional Liability Policy. 17.1.5 The Consultant agrees to notify the City within five(5)business days of coverage cancellation, lapse or material modification by written notice to the Office of Procurement Management by Fax: 305-474-1285 or e-mail: pparkin@miamigardens-fl.gov. 17.1.6 The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation, non-renewal, material change, modification or lapse of coverage, Consultant shall notify the City within five (5) business days with written notice of such to the Office of Procurement Management by Fax: 305-474-1285 or e-mail: pparkin@miamigardens-fl.gov. All original renewal or replacement certificates of insurance specific to the contract/agreement/award shall be forwarded to the Office of Procurement Management. 17.1.7 Subcontractors Insurance: Each subcontractor shall furnish to the Consultant two copies of the Certificate of Insurance and Consultant shall furnish one copy of the Certificate to the City, and shall name the City as an additional insured. 17.2 All insurance policies required of the Consultant shall be written by a company with a Best's rating of B+or better and duly authorized and licensed to do business in the State of Florida and be executed by duly licensed agents upon whom service of process may be made in Miami-Dade County,Florida. The City may accept coverage with carriers having lower Best's ratings upon review of financial information concerning Consultant and the insurance carrier. 17.3 The required insurance shall be proved under occurrence-based policies,which Consultant shall maintain continuously throughout the term of this Agreement 17.4 Any deductibles or self-insured retentions must be declared to and approved by the City Manager or designee prior to the start of work under this Agreement. The City reserves the right to request additional documentation,financial or other such documentation as well as such additional insurance as the City Manager deems appropriate, prior to giving approval of the deductible or self-insured retention and prior to executing the Agreement. Continuing Contract Page 23 of 29 Continuing Engineering Services 10-200K Professional Services Page 353 of 519 The City manager or designee,prior to the change taking effect,must approve any changes to the deductibles or self-insured retentions made during the term of this Agreement or during the term of any policy. 17.5 Consultant shall require all of its sub-consultants to provide the aforementioned coverage as well as any other coverage that the consultant may consider necessary, and any deficiency in the coverage or policy limits of said sub-consultants will be the sole responsibility of the consultant. ARTICLE 18 ATTORNEYS FEES 18.1 If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, expenses and court costs,including appellate fees incurred in that action or proceeding,in addition to any other relief to which such party or parties may be entitled. ARTICLE 19 CODES, ORDINANCES,AND LAW 19.1 The Consultant shall abide and be governed by all applicable local, state and federal codes, ordinances,and laws,rules,regulations and directives regarding the Consultant's Services. ARTICLE 20 ENTIRETY OF AGREEMENT 20.1 This Agreement and its attachments constitute the sole and only Agreement of the parties and sets forth the rights, duties, and obligations of each party. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. ARTICLE 21 NON-EXCLUSIVE AGREEMENT 21.1 The professional services to be provided by the Consultant pursuant to this Agreement shall be nonexclusive, and nothing shall preclude the City from engaging other firms to perform similar professional services. Continuing Contract Page 24 of 29 Continuing Engineering Services 10-200K Professional Services Page 354 of 519 ARTICLE 22 GOVERNING LAW; VENUE 22.1 This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. ARTICLE 23 INDEPENDENT CONTRACTOR 23.1 Consultant and its employees and agents shall be deemed to be independent contractors, and not City agents or employees. The Consultant, its employees or agents shall not attain any rights or benefits under the City's retirement plan nor any rights generally afforded the City's classified or unclassified employees. The Consultant shall not be deemed entitled to the Florida Workers'Compensation benefits as a City employee. ARTICLE 24 NONDISCRIMINATION 24.1 Consultant agrees that it shall not discriminate as to race,sex, color, creed, national origin, or disability, in connection with its performance under this Agreement. ARTICLE 25 AMENDMENTS 25.1 No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. ARTICLE 26 CONDUCT/CONFLICT OF INTEREST 26.1 Consultant covenants that no person under its employ who presently exercises any functions or responsibilities on behalf of the City in connection with this Agreement has any personal financial interest, direct or indirect, with contractors or vendors providing professional services on projects assigned to the Consultant, except as fully disclosed and approved by the City. Consultant further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. ARTICLE 27 OTHER PROVISIONS Continuing Contract Page 25 of 29 Continuing Engineering Services 10-200K Professional Services Page 355 of 519 27.1 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 27.2 No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same of any other provision, and no waiver shall be effective unless made in writing. 27.3 Should any provision,paragraph, sentence,word or phrase contained in this Agreement be determined to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida by a court of competent jurisdiction, such provision, paragraph, sentence, word or phrase shall be deemed modified in order to conform with Florida law. If not modifiable to conform with such law, then it shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force an effect. 27.4 This Agreement is binding upon the parties hereto their heirs, successors and assigns. 27.5 The preparation of this Contract has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction,be construed more severely against one of the parties than the other. It is the party's further intention that this Contract be construed liberally to achieve its intent. 27.6 This Agreement may not be assigned by the Consultant IN WITNESS WHEREOF, this Agreement is effective as of the date first written above. Consultant: CITY OF MIAMI GARDENS By: By: Name: City Manager Title: WITNESS: ATTEST: Corporate Secretary City Clerk APPROVED AS TO FORM: Seal: Continuing Contract Page 26 of 29 Continuing Engineering Services 10-200K Professional Services Page 356 of 519 City Attorney Continuing Contract Page 27 of 29 Continuing Engineering Services 10-200K Professional Services Page 357 of 519 EXHIBIT "A" CONSULTANT COMPENSATION RATES Consultant 1. Fee estimate for projects with a total construction cost up to $1,000,000.00 for project profiles as stated in the scope of project: Architectural/Engineering costs —8% of the Lump Sum of the Estimated Construction Cost for basic services. Additional services will be negotiated at hourly rates. All costs to provide basic services in Section 2.3 shall be included 2. Consultant's hourly rate schedule for all personnel for project(s) below. Personnel Hourly rate inclusive of multiplier ENGINEERS & ARCHITECTS Principal Principal Engineer/Architect Project Manager Senior Engineer/Architect Engineer/Architect Junior Engineer/Architect Construction Manager/Senior Field Inspector Field Inspector Junior Field Inspector Senior Technician (CADD) Technician CADD Administrative/Clerk SURVEYORS Professional Surveyor& Mapper Survey Technician 2 Man Survey Crew 3 Man Survey Crew PLANNING Senior Planner Planner LANDSCAPE ARCHITECT Registered Landscape Architect Landscape Designer GIS Senior GIS Analyst GIS Analyst GIS Technician/CADD Technician Continuing Contract Page 28 of 29 Continuing Engineering Services 10-200K Professional Services Page 358 of 519 No reimbursement for normal office procedures including but not limited to facsimiles, photo copies, regular postage, local mileage, blueprints and digital copies shall be due to Consultant under the terms of this agreement. Consultant shall be limited to a maximum markup of one point zero five (1.05) for overhead & profit inclusive on the subcontractor or sub consultant's hourly fees. The limitations on a reimbursable expenses for subcontractors or sub consultants shall be same as those approved for the consultant without mark-up. Continuing Contract Page 29 of 29 Continuing Engineering Services 10-200K Professional Services Page 359 of 519 Exhibit B RFP1RFQ RFQ#18-19-008 Date Advertised: 2/21/19 ARCHITECTURAL/ENGINEERING SERVICES FOR PROFESSIONAL FEES Title $10K-$200K Date Opened: 3/28/19 Number of Responses Received: 30 r State o ry Vendors Listed Alphabetically Street Address City Zone Zip A&P Consulting Transportation Engineers,Corp 10305 NW 41 sl Street,Suite 115 = ra 33178 Anillo Toledo Lopez,LLC 3191 Coralay,7u—ite= Miami FL 33145 Barranco Gonzalez Architecture 1915 Southeast 4th Ave Fort Lauderdale FL 33316 BEA Architects, Inc. 3075 NW SouthRive Drive Miami FL 33142 Billerreinhart Engineering Group, Inc. 3434 Colwellvenue,Ste. I OC Tampa FL 33614 Biscayne Engineering Company, Inc. est ager Street Miami FL 33130 Caltran Engineering Group, Inc. 790 NW 107thAve,Suite 200 Miami FL 33172 Calvin Giordano&Associates,Inc. 1800 Eller Drive,Suite 600 Fort Lauderdale FL 33316 CES Consultants, Inc. 77=9th Tve.,Suite 450 Miami FL 33146 CSA Central, Inc. 8=VV 71 st Street,Suite 305 Doral FL 33166 Craven Thompson and Associates, Inc. 3563 NW 53rdStreet Fort Lauderdale FL 33309 Dover Kohl&Partners 1571 Sunset Drive Coral Gables FL 33143 Eastern Engineering Group 771771=7777,Suite 370 Doral FL 33122 E.L.Waters and Company,LLC 6625 Miami Lakes Drive,Suite Miami Lakes FL 33014 Fernandez Architecture 25 SW 2ndAve,Suite 712 Miami FL 33131 Florida Technical Consultants, LLC b33 East Ocean Avenue,Suite 02 Boynton Beach FL 33435 Jorge A.Gutierrez Architect,LLC 14400 NW 77 Court,Suite Miami Lakes FL 33016 Keith&Schnars(KCI Technologies,Inc.) 6500 NorthAndrews Avenue Fort Lauderdale FL 33309 Kimley Horn and Associates, Inc. 600 NorthPine Island Road, Plantation FL 33324 Nyarko Architectural Group, Inc. 5931 NW 173 Drive,Suite 2 Miami FL 33015 Premiere Design Solutions,Inc. 12781 Miramar Parkwa_y,777705 Miramar FL 33027 R.J.Behar&Company, Inc. 7850 NW 146thtreel, uite Miami Lakes FL 33016 Shamrock Engineering,Corp. 12485 SW 137thAve,Suite Miami FL 33186 Sol-ARCH,Inc. 6780 SW 8ot77t-reet - Miami FL 33143 Stantec Consulting Services, Inc. 901 Ponce de Leon Blvd.,Suite 90C Coral Gables FL 33134 Synalovski Romanik Saye,LLCer rive,Suite 500 Fort Lauderdale FL 33316 The Beta Jones Group, Inc. 801 BrickellAve,Suite 900 Miami FL 33186 The Tamara Peacock Company Architects of Florida ort 7ndrews Avenue Fort Lauderdale FL 33309 Universal Engineering Sciences, Inc. 9960 NW 116thay,Suite 8 Medley FL 33178 Vitalini Corazzini Architects ragon Avenue,Suite 33C Coral Gables FL 33134 COMMENTS I Date Created: 3/28/2019 Page 360 of 519 Exhibit C � CITY OF MIAMI GARDENS OFFICE OF PROCUREMENT MANAGEMENT SCORING SUMMARY SHEET RFQ #18-19-008 — Continuing Architectural/Engineering Services for Professional Fees $10,0004200,000 May 14, 2019 Osvaldo Laura Leslie Name of Firms Diaz Laliberte Pettit Tom Ruiz Total Ranking A&P Consulting Transportation Engineers, Corpq �� --73 85 917 Anillo Toledo Lopez, LLC 7,6 Barranco Gonazalez Architecture 91 (oil--82- t7 82„ 2-90 BEA Architects, Inc. S1 — j (r0 O Billerreinhart Engineering Group, Inc. Biscayne Engineering Company, Inc. ^ -2, O 16 Caltran Engineering Group, Inc. :5S 5 f Q ED Z- 61 is Calvin Giordano &Associates, Inc. 3 CES Consultants, Inc. �9 ` I I 9� O� q CSA Central, Inc. r7 --7o -,72L Craven Thompson and Associates, Inc. ss- J's U'� 3 1 Dover Kohl & Partners (D` 5 --� ` J Eastern Engineering Group -50 �52 L4 E.L. Waters and Company, LLC ►-� V "' Ip (1p 1 Page Page 361 of 519 Fernandez Architecture lSOS SS Florida Technical Consultants, LLC Jorge A. Gutierrez Architect, LLC (D Keith &Schnars ( KCI Technologies, Inc.) r7 9 Is Kimley Horn and Associates, Inc. 81 ,27 rl 5- ,Qp5 Z Z Nyarko Architectural Group, Inc. SS 68 Premiere Design Solutions, Inc. 1-3 33 b R.J. Behar& Company, Inc. r 1 4 557 :�)\3 Shamrock Engineering, Corp. Sol-ARCH, Inc. � 1 '7 -73 -15 `Z 1 L'l Stantec Consulting Services, Inc. 1�7 0 5 Q Synalovski Romanik Saye, LLC rl21 The Beta Jones Group, Inc. .Z G q The Tamara Peacock Company Architects of Florida �D /, 3(� �Z z DJ Z� Universal Engieering Sciences, Inc. SO j L, 10 �Q Vitalini Corazzini Architects D 2,3 2Pag. c Page 362 of 519 Exhibit D RFP/RFO# RFQ#18-19-008 Date Advertised: 2/21/19 CONTINUING ARCHITECTURAL/ENGINEERING 4• SERVICES FOR PROFESSIONAL FEES Title. $10K-$200K v Date Opened: 3/28/19 .� Number of Responses Received: 30 oa Recommendation of Award: 5/14/19 State-Country Ranking Vendors Listed in Ranked Order Street Address City Zone Zip 1 Craven Thompson and Associates,Inc. 3563 NW 53rd Street Fort Lauderdale FL 33309 2 Kimley Horn and Associates,Inc. 600 North Pine Island Road,Suite 450 Plantation FL 33324 3 Keith&Schnars(KCI Technologies,Inc.) 6500 North Andrews Avenue Fort Lauderdale FL 33309 4 R.J.Behar&Company,Inc. 7850 NW 146th Street,Suite 504 Miami Lakes FL 33016 5 BEA Architects,Inc. 3075 NW South Rive Drive Miami FL 33142 6 Premiere Design Solutions,Inc. 12781 Miramar Parkway,Suite 205 Miramar FL 33027 7 CES Consultants,Inc. 3150 SW 38th Ave.,Suite 450 Miami FL 33146 8 Synalovski Romanik Saye,LLC 1800 Eller Drive,Suite 500 Fort Lauderdale FL 33316 9 A&P Consulting Transportation Engineers,Corp 10305 NW 41st Street,Suite 115 Doral FL 33178 9 Florida Technical Consultants,LLC 533 East Ocean Avenue,Suite 02 Boynton Beach FL 33435 10 Barranco Gonzalez Architecture 1915 Southeast 4th Ave Fort Lauderdale FL 33316 11 CSA Central,Inc. 8200 NW 41st Street,Suite 305 Doral FL 33166 12 Dover Kohl&Partners 1571 Sunset Drive Coral Gables FL 33143 13 Jorge A.Gutierrez Architect,LLC 14400 NW 77 Court,Suite 104 Miami Lakes FL 33016 14 Sol-ARCH,Inc. 6780 SW 80th Street Miami FL 33143 PAGE 1 of 2 'Tie for#9 Page 363 of 519 State-Country Ranking Vendors Listed in Ranked Order Street Address City Zone Zip 15 Nyarko Architectural Group,Inc. 5931 NW 173 Drive,Suite 2 Miami FL 33015 16 Biscayne Engineering Company,Inc. 529 West Flagler Street Miami FL 33130 171 Billerreinhart Engineering Group,Inc. 3434 Colwell Avenue,Ste.100 Tampa FL 33614 18 Anillo Toledo Lopez,LLC 3191 Coral Way,Suite 400 Miami FL 33145 18 Caltran Engineering Group,Inc. 790 NW 107th Ave,Suite 200 Miami FL 33172 19 The Beta Jones Group,Inc. 801 Brickell Ave,Suite 900 Miami FL 33186 20 Stantec Consulting Services,Inc. 901 Ponce de Leon Blvd.,Suite 900 Coral Gables FL 33134 21 E.L.Waters and Company,LLC 6625 Miami Lakes Drive,Suite 238 Miami Lakes FL 33014 22 Shamrock Engineering,Corp. 12485 SW 137th Ave,Suite 201 Miami FL 33186 23 Vitalini Corazzini Architects 300 Aragon Avenue,Suite 330 Coral Gables FL 33134 24 Calvin Giordano&Associates,Inc. 1800 Eller Drive,Suite 600 Fort Lauderdale FL 33316 25 The Tamara Peacock Company Architects of Florida 6500 North Andrews Avenue Fort Lauderdale FL 33309 26 Eastern Engineering Group 3401 NW 82nd Ave,Suite 370 Doral FL 33122 27 Fernandez Architecture 25 SW 2nd Ave,Suite 712 Miami FL 33131 28 Universal Engineering Sciences,Inc. 9960 NW 116th Way,Suite 8 Medley FL 33178 Date Created: 5/14/2019 COMMENTS: ALL 30 Firms are recommended for Award PAGE 2 of 2 Tie for# 18