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Agreement with Haks Engineers, Architects and Land Surveyors, P.C. ao (C- 920 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND HAKS ENGINEERS, ARCHITECTS AND LAND SURVEYORS, P.C. FOR PROFESSIONAL CONSTRUCTABILITY, COST AND VALUE ENGINEERING REVIEW SERVICES ON AN "AS-NEEDED-BASIS" PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2015-160-YG DISCIPLINE: CONSTRUCTABILITY, COST AND VALUE ENGINEERING RESOLUTION NO. 2015-29209 1 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1. DEFINITIONS 4 ARTICLE 2. BASIC SERVICES 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 15 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 17 ARTICLE 5. ADDITIONAL SERVICES 19 ARTICLE 6. REIMBURSABLE EXPENSES 20 ARTICLE 7. COMPENSATION FOR SERVICES 20 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 21 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 22 ARTICLE 10. TERMINATION OF AGREEMENT 22 ARTICLE 11. INSURANCE 24 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 24 ARTICLE 13. ERRORS AND OMISSIONS 25 ARTICLE 14. LIMITATION OF LIABILITY 25 ARTICLE 15. NOTICE 26 ARTICLE 16. MISCELLANEOUS PROVISIONS 26 2 SCHEDULES: SCHEDULE A 30 SCHEDULE B 31 SCHEDULE C 33 ATTACHMENTS: ATTACHMENT A 34 ATTACHMENT B 35 ATTACHMENT C 36 3 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND HAKS ENGINEERS, ARCHITECTS AND LAND SURVEYORS, P.C. FOR PROFESSIONAL CONSTRUCTABILITY, COST AND VALUE ENGINEERING REVIEW SERVICES ON AN "AS-NEEDED-BASIS" This Agreement made and entered into this _ day of , 20 (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 HAKS ENGINEERS, ARCHITECTS AND LAND SURVEYORS, P.C, a New York corporation having its principal office at 40 Wall Street, 11th Floor, New York, NY. 10005 and local office at 14400 N.W. 77th Court, Miami Lakes, FL. 33016 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, on May 6, 2015, the Mayor and City Commission approved the issuance of Request for Qualifications No. 2015-160-YG for Constructability, Cost and Engineering Services in Specialized Categories On An "As-Needed-Basis" (the RFQ); and WHEREAS, the RFQ was intended to provide access to architectural and engineering firms in accordance with the Florida Consultant's Competitive Negotiation Act; and WHEREAS, on December 9, 2015, the City Commission approved Resolution No. 2015- 29209, authorizing the City to enter into negotiations with Haks Engineers, Architects and Land Surveyors, P.C., if successful, execute an agreement with the Consultant pursuant to the RFQ; 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 4 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. 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): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 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: 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 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 Consultant pursuant to this Agreement, 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. However, approval by 5 1 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 Construction Documents are constructible, in compliance with all Applicable Laws and in accordance with 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 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 constructability, cost and value engineering review 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 constructability, cost and value engineering review 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 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 design services in connection with the Project. The Subconsultants in Schedule "C", attached hereto, are hereby approved by the City Manager for 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 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. 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 Project, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates. Contract Amendments shall be approved by the City Commission if they exceed fifty thousand dollars ($50,000.00). Even for Contract Amendments of fifty thousand dollars ($50,000.00) or less (or other such threshold contract amount as may be specified by the City of Miami Beach Procurement Ordinance), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. CONTRACT DOCUMENTS: "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 limitation (together with all exhibits, addenda, and written amendments issued thereto), the Invitation to Bid (ITB), 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 6 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 Contractor for performance of the Work covered in the Contract Documents, including, without limitation, a general contractor, construction manager, design- builder or any other duly licensed construction contractor selected pursuant to any other procurement methodology available under Florida law. 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. 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 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. FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as a hurricane, tornado, flood, loss caused by fire and other similar unavoidable casualties; or other causes beyond the City's or Consultant's control that are not due to any act, omission or negligence of either City or Consultant and, which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of City or Consultant under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of Subconsultants, the Contractor and its sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a Force Majeure, the Consultant shall request a time extension from the Project Administrator within five 7 (5) business days of said Force Majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless Additional Services are required and approved pursuant to Article 5 hereof. PROJECT: The "Project" shall mean that certain City capital project described in the Consultant Service Order. Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. Project Scope: The "Project Scope" shall mean the description of the Project, as described in the Consultant Service Order. 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 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 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 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 —Consultant Compensation and Hourly Billing 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 Schedule "A" hereto. SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. 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. 8 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 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 take into account anticipated price escalation. WORK: "Work" shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, services, methods, 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, appropriate, or convenient to the performance by Contractor of all duties and obligations proposed by 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 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 care normally 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 responsible for the technical accuracy of the services. 2.5 The Consultant's Basic Services may consist of various tasks, including constructability reviews, value engineering analysis to identify potential cost savings, technical specification reviews, identify alternate construction means and methods, establish accurate project scheduling, and establishing quality assurance/quality control guidelines, meet with the design team and the City during the development of a project and participate in the review of bids or proposals as needed, 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. 9 Furthermore, Consultant is required, but not limited to: • Provide detailed quantity take off of materials required to complete various projects in accordance with Technical Specifications and design documents. • Provide detailed estimate of labor and material costs in an Excel spreadsheet format showing unit prices, based on past comparable unit costs specifically associated with the South Florida Market • Provide detailed constructability review with recommendations for alternate means and methods of construction activities, value engineering, scheduling and construction sequencing that will potentially reduce costs of the project. • Provide a cost comparison to a recognized construction cost estimating service adjusted for South Florida construction. (RS Means or equivalent). The estimates will be contained in a single spreadsheet showing cost comparisons individually tabulated. • Identify any comparable projects, including completion dates that were used to develop the construction cost estimate. • Support City Staff and participate in the value engineering reviews with contractor. • Support City Staff in the bidding and award phase of projects. 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 that Consultant shall remain fully liable for all work performed by Consultant including, without limitation, any errors or omissions. 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 Design Documents and Construction Documents, 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 Design Documents and the Construction Documents. 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). 10 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. The Consultant shall coordinate the Services with all of its Subconsultants, as well as other consultants, including, without limitation, City provided consultants (if any). 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 untimely review taken by the City (or authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project 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 its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Administrator, Contractor, 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 consulting 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 re-performance of any non-conforming construction work resulting from such deficient Services 11 (i) for a period from the Effective Date of this Agreement, until twelve (12) months following final acceptance of the Work, (ii) or for the period of design liability required by applicable law, whichever is later. The Project Administrator shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of the corrections. 2.10.1 The Consultant shall be responsible for deficient, defective Services and any resulting deficient, defective construction work re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance, not to exceed twenty-four months (24)from final acceptance. 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, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project schedule. 2.11.1 The Consultant is advised 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. in writing, within five (5) calendar days after receiving a 2.13 Consultant agrees to designate, g, ( ) y g 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 designee (i.e. the Project Administrator). 12 • 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. 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 13 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: 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. 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 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 the professional quality, completeness, and coordination of the Sub-consultant'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 Consultant's 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 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. 14 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 (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, 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, through the Project Administrator, shall give prompt written notice thereof to the Consultant. 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 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 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.6.2 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. 15 3.6.3 The City Commission shall approve or consider all Contract Amendments that exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, 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 and reasonable discretion. 3.7.4 The City Manager may approve Contract Amendments which do not exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.7.5 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, 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. 16 • 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. Consultant shall design the Project so that the Construction Cost Budget for the Project is 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 implementation or revision of the Design Documents and Construction Documents to address such items, as necessary to meet the established budget parameters set forth in the City Construction 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 the Consultant Service Order or other 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 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 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 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 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 the Consultant's estimated total costs in the Statement of Probable Construction Cost to within ten percent (10%) 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. 4.2.3. 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 Budget by more than five percent (5%), the Project Administrator shall provide notice thereof to 17 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 the Consultant's estimated total costs in the Statement of Probable Construction Cost to within five percent (5%) of the City's Construction 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. 4.2.4. To ensure that the Construction Cost shall not exceed the City's Construction 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 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 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. 18 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 an hourly 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 Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project 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 the Consultant Service Order (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 19 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. Except as specified herein, services that are required for completion of the Construction Documents shall be part of Consultant's Basic Services. 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). 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 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. 20 7.3 Approved Additional Services shall be compensated in accordance with the hourly 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 in the Consultant Service Order hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: The initial hourly rates shall remain constant for the Initial Term of the agreement. Ninety (90) days prior to expiration of the Initial Term, the City may consider an adjustment to the preceding year's unit costs for the subsequent year. Only request for increases 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, will be considered. In the event that the City 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 Contractor. 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. Invoices shall identify 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 Subconsultant 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. 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 21 • 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. 22 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of 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. 23 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 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Administrator: (a) Workers' Compensation and Employer's Liability per the Statutory limits of the State of Florida. (b) Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. "City of Miami Beach" must be shown as an additional insured with respect to this coverage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. (d) Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. 11.2 The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 11.3. The Consultant must give the Project Administrator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.4 The insurance must be furnished by an insurance company rated A:V or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.5 Consultant shall provide the Project Administrator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. 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. 24 The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its 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 Contract Documents that were prepared by the Consultant 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. 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 applicable Assistant City Manager. 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 arbitra 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. 25 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. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Jimmy L. Morales, City Manager With a copy to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Eric T. Carpenter, Assistant City Manager All written notices given to the Consultant from the City shall be addressed to: Haks Engineers, Architects and Land Surveyors, P.C. 14400 N.W. 77 Court, Suite 203 Miami Lakes, FL. 33016 Attn: Joe Gomez,,P.E. Tel: (305) 698-3914 Fax: (212) 747-1947 Email: jgomez @haks.net All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 26 16.2 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. 16.3 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 contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 16.4 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. 16.5 LAWS AND REGULATIONS: 16.5.1 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. 16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," 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 contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the 27 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. 16.5.2.2 The Consultant and its Subconsultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. 16.5.2.4 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. 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its 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. 16.7 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. 16.8 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.9 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. 16.10 INTENT OF AGREEMENT: 16.10.1 The intent of the Agreement is for the Consultant to provide design and other services, and to include all necessary items for the proper completion of such 28 services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.10.2 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. 16.10.3 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. 16.11 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. 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. f� Attest- ., X04, MIAMI B A CHI;" Cl Y CLERK • ;�.•r►.1,,R�YCf .' F Attest = "HAKS•� ' I - RS; A RCHITECTS AND AND:'01- O'S 'C. �r 4.)„; /0. Ai& U■•410 1626. H • .5re Signature/Secretary 'I%%% '/P 'si-• -nt hak A ; / J'. Sc•I1V)etAA- 'EV P Print Name 'rint Nam/ APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 29 city Attorney &I%f Dots SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND HAKS ENGINEERS, ARCHITECTS AND LAND SURVEYORS, P.C. CONSULTANT SERVICE ORDER Service Order No. for Consulting Services. TO: Haks Engineers, Architects and Land Surveyors, P.C. 14400 N.W. 77 Court Miami Lakes, FL. 33016 PROJECT NAME: DATE: Pursuant to the agreement between the City of Miami Beach and Consultant for PROFESSIONAL CONSTRUCTABILITY, COST AND VALUE ENGINEERING REVIEW SERVICES ON AN "AS-NEEDED" BASIS (RFQ 2015-160-YG) you are directed to provide the following services: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Estimated calendar days to complete this work: Days Original Service Order Amount: $ Total From Previous Additional Service Orders: $ Fee for this Service Order is Lump Sum/Not to Exceed amount of: Total Agreement to Date: $ City's Project Date Coordinator/Manager Assistant Director Date Consultant. Date Project Administrator-Director Date 30 SCHEDULE B CONSULTANT COMPENSATION Schedule of Payments CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SEVICES Project Name and No: Scope of Services: Fee for this Service Order: Note: These services will be paid lump sum based on percentage of work complete as identified in the Consultant Service Order. 31 HOURLY BILLING RATE SCHEDULE CATEGORIES Hourly Rates Project Principal $155.00 Project Manager $125.00 Senior Cost Estimator $100.00 Cost Estimator $70.00 Senior Scheduler $95.00 Scheduler $65.00 Value Engineering Specialist $125.00 Sr.Construction Manager $105.00 Construction Manager $95.00 Senior Claims Specialist $125.00 Sr. Civil Engineer $125.00 Civil Engineer $105.00 Sr. Mechanical Engineer $125.00 Mechanical Engineer $105.00 Sr. Electrical Engineer $125.00 Electrical Engineer $105.00 Traffic Engineer $105.00 Sr.Architect $125.00 Architect $105.00 Sr.Computer Specialist $100.00 Computer Specialist $85.00 Documents Control Specialist $55.00 Sr.CAD Technician $65.00 CAD Technician $55.00 Clerical/Admin. $35.00 32 SCHEDULE C APPROVED SUBCONSULTANTS SUBCONSULTANT: • No preapproved sub-consultants submitted with proposal. 33 l ® DATE(MM/DD/YYYY) AW ® CERTIFICATE OF LIABILITY INSURANCE 1/12/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Risk Strategies Company NAME: Risk Strategies Company 2040 Main Street, Suite 450 PHONE FAX Irvine, CA 92614 (A/C.No.Exti: 949-242-9240 (A/c,No): ADDRESS: syounq @risk-strategies.com INSURER(S)AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No.OF06675 INSURER A: Continental Casualty Company 20443 INSURED ' INSURER B: The Travelers Indemnity Company of CT 25682 HAKS Engineers,Architects, and Land Surveyors, P.C. INSURER c: National Union Fire Ins Co of Pittsburgh PA 19445 14400 NW 77 Court, Suite 203 INSURER D: National Fire Insurance Company of Hartford 20478 Miami Lakes FL 33016 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 28099522 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE U POLICY NUMBER (MM/DDY INSD EFF POLICY EXP LTR INSD WVD IYYYY) (MM/DD/YYYY) LIMITS A / COMMERCIAL GENERAL LIABILITY ✓ 5099676491 12/11/2015 12/11/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE I ,/I OCCUR PREMISES(OEa occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ✓ JE ✓ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B �AUU TOMOBILELIABILITY 8105G233650 12/11/2015 12/11/2016 ICEOMBII COMBINED SINGLE LIMIT $ 1,000,000 �/ I ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS — NON-OWNED PROPERTY DAMAGE $ ✓ HIRED AUTOS ✓ AUTOS (Per accident) C i UMBRELLA LIAB �/ OCCUR BE54196653 12/11/2015 12/11/2016 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED ✓ RETENTION$10,000 $ D WORKERS COMPENSATION 5099676572 12/11/2015 12/11/2016 ✓ STATUTE 0TH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability AEH288237085 12/11/2015 12/11/2016 Per Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Projects as on file with the named insured including but not limited to:RFQ 2015-160-YG;Cost Estimating,Constructability and Value Engineering Services for Citywide Projects(HAKS Job#FL-009). The City of Miami Beach,Florida is named as additional insured on the general liability policy-see attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Miami Beach, Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN do Insurance Tracking Services, Inc. (ITS) ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 20270 Long Beach CA 90801 AUTHORIZED REPRESENTATIVE -'T. f1 � /f ��, �� I Michael Christian ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 28099522 1 15-16 GL AUTO UMB WC PL ($5m) 1 Sherry Young 1 1/12/2016 8:44:53 AM (PST) I Page 1 of 3 HAKS Engineers, Architects, and Land-Surveyors, P.C. CNA5099676491 G-17957-H 12/11/2015 (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE - LIMITED LIABILITY It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As per the"written contract,"provided the location is within the"coverage territory"of this Coverage Part.) Locations of Covered Operations (As per the"written contract," provided the location is within the"coverage territory"of this Coverage Part.) A. Section II-Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage,"or"personal and advertising injury"and only to the extent caused by: a. Your negligent acts or omissions, or the negligent acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the"written contract"; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the"products-completed operations hazard,"and only if: (1) The"written contract"requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. Required by the"written contract"; c. Described in B.1. above; or d. Afforded to you under this policy, whichever is less. 3. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury"arising out of: G-17957-H (01/13) Page 1 of 2 Copyright,CNA All Rights Reserved. 28099522 1 15-16 GL AUTO UMB WC PL ($5m) 1 Sherry Young 1 1/12/2016 8:44:53 AM (PST) 1 Page 2 of 3 G-17957-H CNA (Ed. 01/13) a. Acts or omissions of the additional insured, or of anyone, other than you, acting on the additional insured's behalf. b. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or c. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or"suit"that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit"; and (4) Tender the defense and indemnity of any claim or"suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the"written contract"requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V—DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The"bodily injury"or"property damage"; or b. The offense that caused the"personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. G-17957-H (01/13) Page 2 of 2 Copyright,CNA All Rights Reserved. 28099522 I 15-16 GL AUTO UMB WC PL ($5m) 1 Sherry Young I 1/12/2016 8:44:53 AM (PST) 1 Page 3 of 3 Construction Management•Engineering a Architecture 40 Wall Street, 11th Floor Land Surveying o Material Testing New York,NY 10005 Tel:(212)747-1997 Fax:(212)747-1947-Main www.haks.net Fax:(212)747-0861-Admin/Accounting LETTER OF TRANSMITTAL Date: January 13,2016 To: City of Miami Beach Procurement Department 1755 Meridian Avenue,3rd Fl Miami Beach,FL 33139 Attn: Alex Denis,Procurement Director Re: RFQ No.2015-160-YG;Cost Estimating,Constructability and Value Engineering Services for Citywide Projects (HAKS Job#2015-16-0009) WE ARE SENDING YOU: ® Attached ❑ Under Separate Cover THE FOLLOWING ITEMS: ❑ Drawings ❑ Specifications ❑ Reports ❑ Shop Drawings ❑ Change Order ❑ Prints ❑ Cost Proposal ❑ Schedule ❑ Invoice ❑ Samples Agreement ❑ Others VIA: ❑ Messenger ® Overnight Mail ❑Regular Mail ❑ FAX: ( pages including cover) Please find enclosed three (3) signed Agreements, and Certificate ificate of Insurance for the above referenced project for execution. Please return one executed copy, back to my attention. Should you have any questions or need additional information, please contact Markeia Miller, Contracts/Insurance Coordinator at 212-747-1997 Ext 511, or at mmiller@haks.net. Thank you. COPIES TO: Leonard J.Schneidt,EVP From... Joe Gomez,SVP Karla Dixon Administrative Assistant Contracts/Insurance Department ATTACHMENT A RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM 34 ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) 35 ATTACHMENT C CONSULTANT'S RESPONSE TO THE RFQ 36 ATTACHMENT A RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM 33 COMMISSION ITEM SUMMARY Condensed Title: REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-160- YG FOR CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES. Key Intended Outcome Supported: Build And Maintain Priority Infrastructure With Full Accountability Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The City's Capital Improvement Program has grown from approximately$400 million to over$1.8 billion. The active projects are valued at approximately $500 million. Quality improvement opportunities can be found by having the ability to identify constructability issues and minimize unforeseen conditions which will mitigate the attendant impact on project costs and schedules. The City recognizes the value of pursuing a two-pronged approach to implement more rigorous quality control initiatives utilizing dedicated in-house resources, as well as outside expertise from construction industry professionals that would be pre-selected as a result of the Request for Qualifications(RFQ) selection process. The Right of Way (ROW) portion of the program has been subdivided into several neighborhood projects located throughout the City that are in various stages of design, bid, and construction. The probable cost estimates and construction drawings are developed by the design consultants during the design phase of the work and reviewed by the stakeholder City Departments prior to the issuance of the Invitation to Bid, (ITB). The proposed quality control enhancements would utilize construction industry professionals, as needed, during various phases of a project to provide construction cost estimates; constructability reviews; identify value engineering alternatives; review pricing on bid submittals and provide overall input on construction quality control issues. This involvement of independent industry professionals during the design process to properly address the residents' needs, review alternate construction means and methods, establish quality assurance/quality control procedures, provide comprehensive peer review of construction documents to identify design deficiencies, identify potential value engineering alternatives and establish accurate project timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying the monetary requirements for construction allows the City to forecast the monies required prior to issuance of any necessary construction bonds and/or capital budget requirements. Approval of this RFQ will enable the City to solicit Statements of Qualifications to establish a pool of qualified successful proposer(s) for the provision of Constructability, Cost, and Value Engineering Review Services. After City Commission award approval, the City will negotiate and establish contracts with the successful proposers for a term of three(3)years, with options to renew for two(2) additional one(1) year periods. RECOMMENDATION The Administration recommends that the Mayor and Commission authorize the issuance of RFQ 2015-160-YG for Constructability, Cost, and Value Engineering Review Services. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: 1 N/A 2 N/A Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Alex Denis, Director Ext#6641 Sign-Offs: .tom Department Di t ctor Assista ;t 1 .. ' nager City M-4 t.er DM ]* .AD /rt M 1 JLM T:\AGENDA\2015\May\PR• EMENT\RFQ 2015-160-YG Constructability,Cost,and Value Engineering Re ew '.ervices-ISSUANCE SUMMARY.docx (ID M AGENDA ITEM CaC MIAMIBEACH T 33 DATE MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSI t N MEMORANDUM TO: Mayor Philip Levine and Members of he City Co mis 'e 011111. FROM: Jimmy L. Morales, City Manager + DATE: May 6, 2015 SUBJECT: REQUEST FOR APPROVAL TO IS UE REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-160-YG FOR CONSTRUC ABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES. ADMINISTRATION RECOMMENDATION Authorize the issuance of the RFQ. BACKGROUND The City's Capital Improvement Program has grown from approximately $400 million to over $1.8 billion. The active projects are valued at approximately $500 million. Quality improvement opportunities can be found by having the ability to identify constructability issues and minimize unforeseen conditions which will mitigate the attendant impact on project costs and schedules. The City recognizes the value of pursuing a two-pronged approach to implement more rigorous quality control initiatives utilizing dedicated in-house resources, as well as outside expertise from construction industry professionals that would be pre-selected as a result of the Request for Qualifications (RFQ) selection process. The Right of Way(ROW) portion of the program has been subdivided into several neighborhood projects located throughout the City that are in various stages of design, bid, and construction. The probable cost estimates and construction drawings are developed by the design consultants during the design phase of the work and reviewed by the stakeholder City Departments prior to the issuance of the Invitation to Bid, (ITB). The proposed quality control enhancements would utilize construction industry professionals, as needed, during various phases of a project to provide construction cost estimates; constructability reviews; identify value engineering alternatives; review pricing on bid submittals and provide overall input on construction quality control issues. This involvement of independent industry professionals during the design process to properly address the residents' needs, review alternate construction means and methods, establish quality assurance/quality control procedures, provide comprehensive peer review of construction documents to identify design deficiencies, identify potential value engineering alternatives and establish accurate project timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying the monetary requirements for construction allows the City to forecast the monies required prior to issuance of any necessary construction bonds and/or capital budget requirements. 34 City Commission Memorandum—RFQ for Constructability, Cost, and Value Engineering Review Services May 6, 2015 Page 2 of 2 Approval of this RFQ will enable the City to solicit Statements of Qualifications to establish a pool of qualified successful proposer(s) for the provision of Constructability, Cost, and Value Engineering Review Services. After City Commission award approval, the City will negotiate and establish contracts with the successful proposers for a term of three (3) years, with options to renew for two (2)additional one (1) year periods. SCOPE OF SERVICES Please Reference Appendix C, Sub-Section C2 of RFQ 2015-160-YG for Constructability, Cost, and Value Engineering Review Services (attached). MINIMUM QUALIFICATIONS Please Reference Appendix C, Sub-Section C1 of RFQ 2015-160-YG for Constructability, Cost and Value Engineering Review Services (attached). MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS Please Reference Section 0300 — Submittal Instructions and Format of RFQ 2015-160-YG for Constructability, Cost and Value Engineering Review Services (attached). EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION Please Reference Section 0400—Statements of Qualifications Evaluation of RFQ 2015-160-YG for Constructability, Cost and Value Engineering Review Services (attached). CONCLUSION The Administration recommends that the Mayor and Commission authorize the issuance of RFQ 2015-160-YG for Constructability, Cost and Value Engineering Review Services. ATTACHMENTS RFQ 2015-160-YG for Constructability, Cost and Value Engineering Review Services. JLM/MT/AD T:\AGENDA12015\May\PROCUREMENT\RFQ 2015-160-YG - RFQ 2015-160-YG Constructability, Cost, and Value Engineering Services-ISSUANCE MEMO.docx 35 UUMMISSIUN I I tM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-160-YG FOR CONSTRUCTABILITY, COST,AND VALUE ENGINEERING REVIEW SERVICES,AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH U.S. COST, INC. D/B/A RIB U.S. COST, KEITH&SCHNARS,P.A.,AND HAKS ENGINEERS,ARCHITECTS AND LAND SURVEYORS,P.C.;AND SHOULD THE ADMINISTRATION BE UNABLE TO NEGOTIATE AN AGREEMENT WITH ANY OF THE RECOMMENDED FIRMS,AUTHORIZING THE ADMINISTRATION NEGOTIATE WITH OTHER RANKED FIRMS IN ORDER OF RANK; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT,UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. Key Intended Outcome Supported: Build and Maintain Priority Infrastructure with Full Accountability. Supporting Data(Surveys,Environmental Scan,etc: N/A Item Summary/Recommendation: The Administration issued Request for Qualifications(RFQ)No.2015-160-YG for Constructability,Cost,And Value Engineering Review Services. On May 6,2015,the City Commission approved to issue the Request for Qualifications (RFQ) No. 2015-160-YG for Constructability, Cost, and Value Engineering Review Services. On May 8,2015,the RFQ was issued.A voluntary pre-proposal conference to provide information to the proposers submitting a response was held on May 20,2015. RFQ responses were due and received on August 25, 2015. The City received a total of five (5) proposals. The City received proposals from the following firms: Haks, Keith & Schnars, P.A., PMA Consultants, LLC, Triangle Associates, Inc., and U.S. Cost, Inc. d/b/a RIB U.S. Cost. The Evaluation Committee appointed by the City Manager convened on October 21, 2015 to consider proposals received.The Committee was provided an overview of the project,information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services, references,and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. After reviewing all the submissions and the results of the evaluation process,the City Manager recommends that the Mayor and City Commission authorize the Administration to enter into enter into negotiations with U.S. Cost, Inc. D/B/A Rib U.S. Cost, Keith & Schnars, P.A., and Haks Engineers, Architects and Land Surveyors, P.C., should the administration be unable to negotiate an agreement with any of the recommended firms, the administration is authorized to negotiate with other ranked firms. RECOMMENDATION ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source Amount Account of 1 The cost of the related services, determined upon successful Funds: negotiations, are subject to funds availability approved through the City's budgeting process. 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: I Alex Denis, David Martinez Sign-Offs: De.' ent Di -ctor Assist City 1�r City M: .g1er DM.�li AD i EC M ( .� JLM V T:\AGENDA\201 `Dece • r\PROCUREMENT\RFQ-2015- ;•-KB - Constructability, •-'t, and Value Engineering Review Services-Summary.doc MIAMIAGENDA ITEM e 7ff R� AH DATE /02 F s 189 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov CO MISSIO , MEMORANDUM 7 TO: Mayor Philip Levine and Members of t e City Com sion FROM: Jimmy L. Morales, City Manager DATE: December 9, 2015 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPT! G THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-160-YG FOR CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH U.S. COST, INC. D/B/A RIB U.S. COST, KEITH & SCHNARS, P.A., AND HAKS ENGINEERS, ARCHITECTS AND LAND SURVEYORS, P.C.; AND SHOULD THE ADMINISTRATION BE UNABLE TO NEGOTIATE AN AGREEMENT WITH ANY OF THE RECOMMENDED FIRMS, AUTHORIZING THE ADMINISTRATION NEGOTIATE WITH OTHER RANKED FIRMS; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Build and Maintain Priority Infrastructure with Full Accountability. FUNDING The cost of the related services, determined upon successful negotiations, are subject to funds availability approved through the City's budgeting process for specific projects. BACKGROUND The City's Capital Improvement Program has grown from approximately $400 million to over $1.8 billion. The active projects are valued at approximately $500 million. Quality improvement opportunities can be found by having the ability to identify constructability issues and minimize unforeseen conditions which will mitigate the attendant impact on project costs and schedules. The City recognizes the value of pursuing a two-pronged approach to implement more rigorous quality control initiatives utilizing dedicated in-house resources, as well as outside expertise from construction industry professionals that would be pre-selected as a result of the Request for Qualifications (RFQ) selection process. The Right of Way (ROW) portion of the program has been subdivided into several neighborhood projects located throughout the City that are in various stages of design, bid, and construction. The probable cost estimates and construction drawings are developed by 190 Request For Qualifications (RFQ) No. 2015-160-YG, For Constructability, Cost, and Value Engineering Review Services December 9th,2015 Page 2 the design consultants during the design phase of the work and reviewed by the stakeholder City Departments prior to the issuance of the Invitation to Bid, (ITB). The proposed quality control enhancements would utilize construction industry professionals, as needed, during various phases of a project to provide construction cost estimates; constructability reviews; identify value engineering alternatives; review pricing on bid submittals and provide overall input on construction quality control issues. This involvement of independent industry professionals during the design process to properly address the residents' needs, review alternate construction means and methods, establish quality assurance/quality control procedures, provide comprehensive peer review of construction documents to identify design deficiencies, identify potential value engineering alternatives and establish accurate project timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying the monetary requirements for construction allows the City to forecast the monies required prior to issuance of any necessary construction bonds and/or capital budget requirements. RFQ PROCESS On May 6, 2015, the City Commission approved to issue the Request for Qualifications (RFQ) No. 2015-160-YG for Constructability, Cost, and Value Engineering Review Services. On May 8, 2015, the RFQ was issued. A voluntary pre-proposal conference to provide information to the proposers submitting a response was held on May 20, 2015. RFQ responses were due and received on August 25, 2015. The City received a total of five (5) proposals. The City received proposals from the following firms: Haks, Keith & Schnars, P.A., PMA Consultants, LLC, Triangle Associates, Inc., and U.S. Cost, Inc. d/b/a RIB U.S. Cost. On August 27, 2015, the City Manager, via Letter to Commission (LTC) No. 340-2015, appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: • Carla Dixon, Capital Projects Coordinator, Office of Capital Improvement Projects • Eugene Egemba, Civil Engineer III, Department of Public Works • Ahmad Lee Khamsi, Venetian Island Home Owners Association Board Member and Resident • Diego Lopez Medina, Capital Projects Coordinator, Office of Capital Improvement Projects • Ron Starkman, South of Fifth Neighborhood Association (SOFNA) Board Member, and Resident The City Manager also considered the following individuals as alternates: • Jose Rivas, Civil Engineer III, Department of Public Works • Jose Velez, Capital Projects Coordinator, Office of Capital Improvement Projects The Committee convened on October 21, 2015 to consider proposals received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated in the table below. 191 Request For Qualifications (RFQ) No. 2015-160-YG, For Constructability, Cost, and Value Engineering Review Services December 99',2015 Page 3 ;70.#00,111:26,9F(G FOR: CgNSTR AB �P�rZePA t] _ Diego - VW_ FI W Carta Eugene Ahrr®d Lee Lopez Ron AGGREGATE A ISERVIC�ES o ._, Dixon Ranking Egerttia Ranking Khanoi Ranking Mersna Ranking Starkrnan Ranking = TOTALS Rank I tHaks 70 3 70 3 70 3 60 5 70 3 .`' . 17 3 Keith&Bohner..P.A. 81 1 80 2 80 2 80 2 90 1 U 8 2 PMA Consultants,LLC 59 5 65 4 60 4 72 4 65 4 21 4 :,ir" e 'Nang*Associates,Inc. 82 4 60 5 60 4 75 3 55 5 k; 21 4 U.S.Cost.Inc.dlbla RIB ;.t . U.S.Cost BO 2 85 , 1 85 1 93 1 85 2 A! 7 1 MANAGER'S DUE DILIGENCE & RECOMMENDATION After reviewing all the submissions and the results of the evaluation process, the City Manager recommends that the Mayor and City Commission authorize the Administration to enter into enter into negotiations with U.S. Cost, Inc. D/B/A Rib U.S. Cost, Keith & Schnars, P.A., and Haks Engineers, Architects and Land Surveyors, P.C., should the administration be unable to negotiate an agreement with any of the recommended firms, the administration is authorized to negotiate with other ranked firms. CONCLUSION The Administration recommends that the Mayor and City Commission approve the resolution accepting the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2015-160-YG (the RFQ), For Constructability, Cost, and Value Engineering Review Services. JLM/MT/EC/DM/AD T:\AGENDA\20151December\PROCUREMENTIRFQ-2015-160-KB-Constructability,Cost,and Value.Engineering Review Services-Memo.doc 192 RESOLUTION TO BE SUBMITTED 193 THIS PAGE INTENTIONALLY LEFT BLANK 194 ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) 34 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfi gov DEPARTMENT OF PROCUREMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 5 REQUEST FOR QUALIFICATIONS NO. 2015-160-YG CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES AUGUST 4, 2015 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. 1. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on Tuesday, August 25, 2015, at the following location. Please note the submittal address has been corrected City of Miami Beach Procurement Department 1700 Convcntion Centcr Drive, ri Floor 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: This location is not in City Hall. Vendors are cautioned to become familiar with the new location prior to the due date for bids or proposals. Late proposals will not be accepted. 2. CLARIFICATION REGARDING MINIMUM REQUIREMENT# 1. The term "Proposer," as used in the Minimum Requirements Section of the RFQ (Appendix C), is hereby defined to mean either the business entity submitting a proposal pursuant to this RFQ, an individual employed by the business entity deemed to be a "Qualifier" for the business entity or a consultant identified as a member of the Proposer's team in Section 2.2 (Tab 2) on p.10. • ANSWERS TO QUESTIONS SUBMITTED BY PROSPECTIVE PROPOSERS: Q1: May proposers propose for just a portion of the types of services listed in the RFQ, or must they be capable of providing all listed services? Al: Proposer must provide all services listed in the RFQ. Q2: In reviewing the above RFQ, it states under Minimum Requirements that the Proposer be a State of Florida Certified General Contractor, State of Florida Under Ground Utility Contractor, or licensed engineering or architectural firm. Our firm is none of these; however, we have been providing the type of services you are requesting for over 40 years now in the South Florida area. Is it possible that we can still submit a proposal? A2: Please refer to the clarification provided in this addendum for Minimum Requirement# 1 of the RFQ. Q3: Pursuant to Florida Statutes, Chapter 119, please allow this correspondence to serve as a request for inspection and/or copying of public records regarding the above-referenced public meeting. Request is hereby made for the following: 1. Copies of sign-in sheets for the Pre-Submittal Meeting held on May 20th, 2015. 2. A list of the previous firms qualified for Constructability, Cost, and Value Engineering Review Services from previous RFQ. 1 A3: A copy of the Pre-Proposal sign-in sheet is attached here in as Exhibit A. A list of the firms deemed qualified under the previous RFQ are attached here in as Exhibit B. Q4: Will a Certified Value Specialist (CVS) certification be required by a member of the team for the value engineering review services? A4: No. Q5: Per appendix C: the proposer must be a State of Florida Certified General Contractor, State of Florida Certified Under Ground Utility Contractor or licensed engineering or architectural firm by the State of Florida. This requirement which was not part of the current contract in place for these services, will preclude some or all of the current consultant pool from eligibility to compete for these services as a Prime proposer. The basis for evaluation previously was primarily cost estimating certifications and experience. Is it acceptable for the Prime proposer to propose without architect or professional engineer licensing but instead to include on the team either a registered professional architect or engineer to support constructability reviews? A5: Please refer to the clarification provided in this addendum for Minimum Requirement# 1 of the RFQ. Q6: Appendix A, Page 2. Item 5 states: SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please clarify the following: `Including your sub-consultants' - Is this referring to a Joint Venture only or are all sub- consultants considered to have a `controlling financial interest'? `Controlling financial interest' in this case refers to Owner's of the proposing firm? A6: Please refer to City Code Sections 2-487 through 2-490. Please click on the web link below to view these City Code sections. https://www.municode.comllibrary/fl/miami beach/codes/code of ordinances?nod eld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE Q7: Under TAB 1: Is the Cover Letter and the Table of Contents labeled 1.1? A7: Please refer to RFQ Section 0300, Page 10, Sub-Section 3 — Statements of Qualifications Format, which states: "In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered." Q8: Do our sub consultants need to fill out an Appendix A? A8: No. 2 Q9: Do our sub consultants need to fill out the Proposer Certification? A9: No. Q10: 2.1 Qualifications of Proposing Firm: This section asks us to submit relevant projects ... Is this different from 2.2 Qualifications of Proposer Team where it asks to us to submit at least 3 projects within the last 5 years? A10: The information requested in Section 2.1 of Tab 2 has to do with the Qualifications of the Proposing Firm. The information requested in Section 2.2 of Tab 2 has to with the Qualifications of the Proposer Team. Q11: Do our sub consultants need to submit a financial capacity statement from D&B? All: No. Q12: Under Tab 1, Item #1.3, the Proposer is to submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C. The first page in Appendix C is asking for, in #2, the Proposer's relevant project experience. This is exactly the same as what is being requested in Tab 2, Item 2.1. Should this project experience be placed in our proposal book under Tab 1 or under Tab 2? Al2: Proposers shall follow the "Statements of Qualifications Format" shown in Pages 10 and 11 of the RFQ. As indicated in Tab 1, Section 1.3, Proposer shall Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specification. Furthermore, as indicated in Tab 2, Section 2.1, Proposer shall "Submit detailed information regarding the firm's history, relevant experience and proven track record of providing the scope of services as identified in this solicitation to public sector clients (i.e. municipal governments, agencies or levels of government). Proposer must submit relevant projects, performed in the last five (5) years as evidence of experience; the following is required for each project: project name and description, assigned tasks and responsibilities, agency (client) name, agency (client) contact, contact telephone and email, month and year services were started and completed, term of engagement, total cost and/or fees paid to your firm, total cost of construction (estimated and actual)." Q13: On Page 10, Tab 2, Item 2.1 of the RFQ, you ask for the firm's relevant projects as evidence of experience. Under that same tab, but in Item 2.2, you specifically ask for a list of additional relevant information, but you did not state all of the categories of info needed in that list. Should it contain all of the same project info you request in Item 2.1 or should it be less detailed whereby we use our discretion as to how much info to include on the list? A13: Project information requested under item 2.2 of Tab 2 may include: "project name and description, assigned tasks and responsibilities, agency (client) name, agency (client) contact, contact telephone and email, month and year services were started and completed, term of engagement, total cost and/or fees paid to your firm, total cost of construction (estimated and actual)." Q14: When providing relevant project experience information, you are asking for "Term of Engagement" for each project. What do you mean by that? A14: Term of engagement refers to the term (number of months or years) the firm was engaged 3 I in a particular project or assigned task. Q15: The RFQ and scope specifically mentions Value Engineering studies. Normally for engineering projects, value engineering studies are conducted by professionals with a CVS (Certified Value Specialist) designation. Is the City requiring the teams to have this designation? Please clarify. A15: Please refer to the answer provided for Question 4 in this Addendum. Q16: Are any SF 330 forms required under Tab 2? Please clarify. . A16: No. Q17: Has the Technical Review Committee (TRC) been appointed? If so who are the members of the TRC? A17: An Evaluation Committee has not been appointed for this RFQ. Q18: Please provide the names of the previous firms holding this contract. • A18: Please refer to Exhibit B of this Addendum. Q19: Who will be the City's Project Manager for this contract? Please provide name and Title. I A19: Lauren Firtel, Public Information Specialist Q20: Regarding the Dunn & Bradstreet report, does the City have to have received the report before the submittal due date, or we must show in our submittal that the request has been made? A20: Please refer to RFQ Page 11, Tab 2, Section #2.4 Financial Capacity. Q21: Do you want the 3 ring binder in a separate sealed envelope and the 7 bound copies in a container? A21: Please refer to RFQ Page 10, Section 0300, Sub-Section 1 —Sealed Responses. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov J Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si ■e :ly Ale -nis Pr urement Director 4 EXHIBIT A PRE-PROPOSAL MEETING SIGN-IN SHEET 5 MAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: May 20, 2015 RFQ No.: 2015-160-YG TITLE: Constructability, Cost, and Value Engineering Review Services NAME (PLEASE PRINT) COMPANY NAME-E-MAIL ADDRESS PHONE# FAX# Yusbel Gonzalez City of Miami Beach 305-673-7490 786-394- yusbelgonzalez(amiamibeachfl.gov 4073 341 0'21 MA-Ni 30s‘-ulg-39Itt z. icA) . ($C.c V)-6; CO C/- fa e,21n! co 305- c4 3 thcer1rh5, cd Z'�' =767f 3 2 -t�v� �_ M44 Q I TLA O rt rAlrvi��N� � 3 5� �artcec�a iamikeadr �Pf,. oV 673-707( MAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: May 20, 2015 RFQ No.: 2015-160-YG TITLE: Constructability, Cost, and Value Engineering Review Services NAME (PLEASE PRINT) COMPANY NAME-E-MAIL ADDRESS PHONE# FAX# Yusbel Gonzalez City of Miami Beach 305-673-7490 786-394- yusbelgonzalez(,miamibeachfl.gov 4073 - rz,o ite U MF l,yt.`6c jkf70 siikL 6 30c-67:9-W7 ©v.- QA4 at,(2��ctic FIM L&t.0) c9A. 3P- 7ff--bza 6 9 p Co, v 14cA, (&ks u Gl. ��-tl•0-��. 3 S 2'�—21.2 0 c►S-5431-4--I t z l � etifkQ Y' c c CQScovASv (et //rn A-6 /,S.'"0 7i-d7‘ 7i- / ft' -, ,21 iAAk<S X205 oori ,C5,64S6.305'.018'3*.— oqvGc-&-49a c I Ktic_ c?(2-:;") 061(e (q.) / r � � 74 D Q)1 , ` (e �� y� gP__, MIAMI BEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: May 20, 2015 RFQ No.: 2015-160-YG TITLE: Constructability, Cost, and Value Engineering Review Services NAME (PLEASE PRINT) COMPANY NAME-E-MAIL ADDRESS PHONE# FAX# Yusbel Gonzalez City of Miami Beach 305-673-7490 786-394- yusbelgonzalez(amiarnibeachfl.gov 4073 g ra '7 S -7S�-�- 1 .� 6-i-EN/1/4/ /Le g 67-t t c, x vs c d s , c o not 786 `35.3-78/7 7 tt ANA C�� t 305-.787. 67 5odov'PLO 5k vi wic L0 7UZ YoS Of�v 1 sSc(4.14�. tv gt.7 351.71)3( Gfi4 - c- P3 61/6- ✓vice2_ PAI4 • MIAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: May 20, 2015 RFQ No.: 2015-160-YG TITLE: Constructability, Cost, and Value Engineering Review Services NAME(PLEASE PRINT) COMPANY NAME-E-MAIL ADDRESS PHONE# FAX# ardS Ze3( 1/4"ii1411"11 TfltA-CriAc\41&lea &6-44(dt‘-'441°15...q.ot„ —C.6:11- 14/62-dae,Caylj / *1I4}1t(3i 11/1-C V ✓1 f j r�'?�1\l;i1 6iD plive —rule I V;n S 5 rL y ,�� !of U � EXHIBIT B QUALIFIED FIRMS UNDER THE CITY'S CURRENT CONTRACT 6 Atkins North America, Inc. CMS — Construction Management Services, Inc. Craven Thompson &Associates, Inc. U.S. Cost, Inc. 7 MIAMI MIAAAIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 4 REQUEST FOR QUALIFICATIONS NO. 2015-160-YG CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES JULY 20, 2015 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. 1. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on Wednesday, August 5, 2015, at the following location. Miami Beach City Hall Procurement Department 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL CONTAIN ANSWERS TO THE QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov. Procurement Contact: I Telephone: Email: Yusbel Gonzalez ; 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. erel , 40. ,/ Al- •enis -rocurement Director • • 1 MIAMIBEAC ,• City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS NO. 2015-160-YG CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES JULY 8, 2015 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. 1. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on Wednesday, July 22, 2015, at the following location. Miami Beach City Hall Procurement Department 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL CONTAIN ANSWERS TO THE QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete • and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si .��ly, . .... Ale -nis Pr:A urement Director 1 BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 2 REQUEST FOR QUALIFICATIONS NO. 2015-160-YG CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES JULY 1, 2015 • This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. 1. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on Tuesday, July 14, 2015, at the following location. Miami Beach City Hall Procurement Department 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL CONTAIN ANSWERS TO THE QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: • Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerel /f • Alex D- is Procurem.nt Director 1 MI.A.MIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS NO. 2015-160-YG • CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES JUNE 24, 2015 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. 1. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m.., on. Monday, July 6, 2015, at the following location. Miami Beach City Hall Procurement Department 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 • Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL CONTAIN ANSWERS TO THE QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @mi.amibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sin - 3 gyp, Alex D is Pry ement Director 1 REQUEST FOR QUALJFICATJONS ( RFQ CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES RFQ No 2015-160-YG 1 RFQ ISSUANCE DATE: MAY 8, 2015 STATEMENTS OF QUALIFICATIONS DUE: JUNE 1, 2015 @ 3:00 PM ISSUED BY: YUSBEL GONZALEZ, CPPB M I AM I BEACH Yusbel Gonzalez, CPPB Senior Procurement Specialist DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 Ext. 6230 yusbelgonzalez @miamibeachfl.gov www.miamibeachfl.gov 36 MIAMIBEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO RESPONDENTS &GENERAL CONDITIONS 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT 10 0400 EVALUATION PROCESS 12 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 14 APPENDIX B "NO BID" FORM 21 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 23 APPENDIX D SPECIAL CONDITIONS 26 APPENDIX E INSURANCE REQUIREMENTS 28 APPENDIX F SAMPLE CONTRACT 30 RFQ 2015-160-YG 2 37 M SECTION 0200 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 Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the"contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.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 PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach is soliciting Statements of Qualifications to establish a pool of qualified successful proposer(s) for the provision of Constructability, Cost, and Value Engineering Review Services. After City Commission award approval, the City will negotiate and establish contracts with the successful proposers for a term of three (3)years, with options to renew for two (2)additional one (1) year periods. The successful proposers will be assisting the City with: constructability reviews, value engineering analysis to identify potential cost savings, technical specification reviews, identifying alternate construction means and methods, establishing accurate project scheduling, establishing quality assurance/quality control guidelines, meeting with the design team and City during the development of a project, and participating in the review of bids or proposals. These review services will be for the various current and up-coming, Right of Way (ROW) neighborhood improvement projects, underground utility and facilities projects under development by the City. When professional services are required, a proposed project will be analyzed in terms of the predominant professional specialty required, and a firm will be selected from the appropriate specialization list. P 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: Solicitation Issued May 8, 2015 Pre-Submittal Meeting May 15, 2015 at 10:00 AM Deadline for Receipt of Questions May 19, 2015 at 5:00 PM Responses Due June 1, 2015 at 3:00 PM Evaluation Committee Review& Proposer Presentations June 10, 2015 (If Required) Tentative Commission Approval June 20, 2015 Contract Negotiations Following Commission Approval RFQ 2015-160-YG 3 38 MIAMJBEACH 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement contact noted below: Procurement Contact: Telephone: Email: Yusbel Gonzalez, CPPB 305-673-7490 Ext. 6230 vusbe loonzalez(a,miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado(o,miamibeachfl.gov; or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE-STATEMENTS OF QUALIFICATIONS MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A pre-proposal conference will be held as scheduled in the Solicitation Timetable above at the following address: City of Miami Beach City Hall-4th Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 4142489 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. P RE-STATEMENTS OF QUALIFICATIONS INTERPRETATIONS. Oral information or responses to questions received by prospective Proposer are not binding on the City and will be without legal effect, including any information received at pre-submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientID=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. 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 @miamibeachfl.gov. RFQ 2015-160-YG 4 39 MIAMJBEACH 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS................................... ............... CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES..... CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS. ........... CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES...................................................................................... CITY CODE SECTION 2.488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS.......................................... CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT...... CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES............... CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE... CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES.............................. CITY CODE SECTION 2-449 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF QUALIFICATIONS. The City reserves the right to postpone the deadline for submittal of Statement of Qualifications and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2- 371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a five(5) point preference to a responsive and responsible proposer which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise. 12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Statements of Qualifications Evaluation, will be considered by the City Manager who 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 Statement of Qualifications, The City Manager's recommendation need not be consistent with the scoring results identified herein 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 (5)The previous and existing compliance by the proposer with laws and ordinances relating to the contract 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 Proposer (s) which it deems to be in the best interest of the City, or it may also reject all Statement of Qualifications. Upon RFQ 2015-160-YG 5 40 MIAMIBEACH approval of selection by the City Commission, negotiations between the City and the selected Proposer (s) will take place to arrive at a mutually acceptable Agreement, including cost of services. 13. ACCEPTANCE OR REJECTION OF RESPONSES. The City reserves the right to reject any or all Statement of Qualifications prior to award. Reasonable efforts will be made to either award the Contract or reject all Statement of Qualifications within one-hundred twenty (120) calendar days after Statement of Qualifications opening date. A proposer may not withdraw its Statement of Qualifications unilaterally before the expiration of one hundred and twenty(120)calendar days from the date of Statement of Qualifications opening. 14. PROPOSER'S RESPONSIBILITY. Before submitting a Statement of Qualifications, 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. 15. COSTS INCURRED BY RESPONDENTS. All expenses involved with the preparation and submission of Statement of Qualifications, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)of the Proposer, and shall not be reimbursed by the City. 16. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposals hereby acknowledge and agree, that the successful Proposer(s) is considered to be an independent contractor, and that neither the Proposer(s), nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 17. TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 18. MISTAKES. Proposals are expected to examine the terms, conditions, specifications,delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer's risk and may result in the Statement of Qualifications being non-responsive, 19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 20. PATENTS&ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, RFQ 2015-160-YG 6 41 MIAMI BEACH experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the proposer, or its officers,employees, contractors, and/or agents, for failure to comply with applicable laws. 22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 23. ANTI-DISCRIMINATION. The proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 24. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Statement of Qualifications will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposals must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D.The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require proposers to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplied to the City. 25. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation,without the prior written consent of the City. 26. LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. RFQ 2015-160-YG 7 42 MIAMIBEACH 27. OPTIONAL CONTRACT USAGE. When the successful proposer(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 29. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence;then C. The solicitation; then D. The proposer's proposal in response to the solicitation. 30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor 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 be incurred thereon. The contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. FLORIDA PUBLIC RECORDS LAW. Proposals are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically RFQ 2015-160-YG 8 43 MIAMI BEACH must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 33. MODIFICATIONIWITHDRAWALS OF QUALIFICATIONS. A Proposer may submit a modified Statement of Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 34. EXCEPTIONS TO RFQ. Proposals must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Statement of Qualifications. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to(as said term and/or condition was originally set forth on the RFQ). 35. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposals shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Statement of Qualifications. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official l c a duties. 9 Balance of Page Intentionally Left Blank RFQ 2015-160-YG 9 44 MIAMIBEACH SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, seven (7) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date/time established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered. TAB't. Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and proposer's primary contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire and Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications.. TAB 2. . Experience&Qualifications 2.1 Qualifications of Proposing Firm.Submit detailed information regarding the firm's history, relevant experience and proven track record of providing the scope of services as identified in this solicitation to public sector clients (i.e. municipal governments, agencies or levels of government). Proposer must submit relevant projects, performed in the last five (5) years as evidence of experience; the following is required for each project: project name and description, assigned tasks and responsibilities, agency (client) name, agency (client) contact, contact telephone and email, month and year services were started and completed,term of engagement, total cost and/or fees paid to your firm, total cost of construction(estimated and actual). 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel, support personnel and sub- consultants to be used, if awarded, and the role that each team member will play in providing the services detailed herein. A resume of each individual, including education, experience, applicable licenses, and any other pertinent information, shall be included for each respondent team member on the organizational chart who is assigned a role on this contract. Proposer shall also provide a list of a minimum of three (3) projects, performed in the last five (5) years, which demonstrates the teams' experience in providing constructability, cost, and value engineering services for right-of-way improvement projects, including but not limited to: stormwater improvements, water main improvements, enhanced landscape/streetscape treatments, asphalt paving/resurfacing, street signage/striping,sidewalk construction/repair. RFQ 2015-160-YG 10 45 MIAMIBEACH 2.3 Qualifications of Project Manager. Provide a comprehensive summary that elaborates on the experience and qualifications of the individual who will be selected to serve as the firm's project manager for this contract. (recommended 1 to 2 pages) 2.4 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800-424-2495. } TAB.3" Approach &Methodology Submit detailed information on the approach and methodology of how the proposer plans to accomplish the scope of services outlined in the RFQ. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (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). RFQ 2015-16O-YG 11 46 MIAMIBEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 &Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so,the Evaluation Committee may: ® Review and score all Statement of Qualifications received, with or without conducting interview sessions; or ® Review all Statement of Qualifications received and short-list one or more Proposer to be further considered during subsequent interview session(s) (using the same criteria). - Step- Qualitativ p e Criteria • • Maximum Points Experience and Qualifications 70 Approach and Methodology 30 TOTAL AVAILABLE STEP t POINTS . - 100 3. Step 2 Evaluation, Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Department of Procurement to those points earned in Step 1, as follows. Step =Quantitative--Criteria p+ - Veterans preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 R FQ 2015-160-YG 12 47 MIAMI BEACH 4. Determination of Final Ranking.At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 points will be added to each evaluation committee member's scores by the Department of Procurement. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer Proposer Proposer A . B C Step 1 Points 82 76 80 Step 2 Points 22 15 12 Committee Total 104 91 92 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Committee Total 101 100 84 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Committee Total 102 89 78 Member 2 Rank 1 2 3 • Low Aggregate Score 3. , -T 8: - • Final Ranki'r g .��; tiQ 1. 7; :2 3 Final ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. RFQ 2015-160-YG 13 48 APPENDIX A MIAMLEACH Response Certification , Questlinnaire• & Requirements Affidavit RFQ No . 201 5- 1 44-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 49 MAMIBEACH Solicitation No: Solicitation Title: RFQ No. 2015-160-YG Constructability,Cost,and Value Engineering Review Services Procurement Contact: Tel: Email: Yusbel Gonzalez, CPPB 305-673-7000 Ext.6230 yusbelgonzalez @miamibeachfl,gov, STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective proposers of certain solicitation and contractual requirements, and to collect necessary information from proposers in order to confirm that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information: FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek 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. RFQ 2015-160-YG Appendix A— Page 1 5O MIAMIBEACH 1. Veteran Owned Business.Is ro oser claiming a veteran owned business status? YES - NO SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposals must disclose,in their Statement of Qualifications,the name(s)of any officer,director,agent, or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposals must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposals must disclose the name(s)of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposals must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. References and Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT:'For each reference submitted, the following information is required: 1) firm name, 2) contact individual name and ' tale 3)address 4)telephone 5)contact's email and 6)narrative on scope of services provided. 4. Suspension,Debarment or Contract Cancellation.Has proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by an ublic sector agency? YES IJ NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposals are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposals shall be solely responsible for ensuring that all -applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Statement of Qualifications,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five (5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 7. , -. .- - - - - - - • _ -- - .. RFQ 2015-160-YG Appendix A— Page 2 51 MIAMI BEACH . . • I ' • 1 •• . •• • ••••• 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit(s) Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, Statement of Qualifications,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. RFQ 2015-160-YG Appendix A— Page 3 52 MIAMIBEACH SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing this affidavit document,proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposer or alter solicitation requirements.The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposals are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendums may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. RFQ 2015-160-YG Appendix A— Page 4 53 MIAMIBEACH DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicants affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained i h r eenisac accurate ate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations,interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied, as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation.Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2015-16O-YG Appendix A— Page 5 54 MIAMIBEACH • PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA } On this day of ,20_,personally } appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed.Before me: Notary Public for the State of Florida My Commission Expires: • RFQ 2015-160-YG Appendix A— Page 6 55 APPENDIX B M I AM I B E AC H “ No Bid , or R FQ No. 2015- 144-YG - Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 f.iNoteAtiVimporttint.fartficise,vendorvollo.ihcimes'ireceiVedmatificatidn. of r:,,-;,-. ,. •.::-.-- :. - ,, .. ...:. ..-: .....-1,...,i,_ ,,4,-,, .,,--, i- .....,-,.',.,:.,-,,,,:-.,1,: :,e,i:.31, ithissolicitatiOn;ba ticiie'decided no.-tto,respond,.:to';'coeilplete"and:submit f...:„,,,,f. ,T •:-, . ...,: .., -.: „ - •.,. .•. . ... . i,.. , ,.;....„,,,.„.„...„.„„„1-,.„.1 : the,attached: Staternent.i5UNO Bid.'” The "Statement of No -.7,1,,,,c,-..--..•-,..•-.,,. .--• . . . .:,. ;, -. :- 1,0' i .,:i.--..: •,',.,:; .-,-..•• • : .:, ;:, ,,,,,.,i,•„„„„,,,,, rthe the solicitation..'process .-,...•-•::-, ..., •_•. . - • ..i Fcttureic,submit a,,Itt.,t•e,Arne.„.n..,„t.l„a-t-vN•,o-., :.Br•:i,d„.,e•m- 4a...y- , r•e s.utt,in-•not being iot- e„.„d ,,,,.:.-:---41,r.,..,,,--'-aria-,ti..--: ..:,•tc•-•:,:tri,,r-iffifi..-:•,::...-„,,,,-,,:,:.7,;t0J.:,,_-.;,.........„••.:._..: ,...:: ,,,, .-,••._ •.:.,::-..,.._.-,.....,,,,,.,--:"..-.,.:.,;1,-.1.;,,:11.,;;:;,;': ';'0111 Wei ,, a ons, y- e: j.-:.;,.-:-_---•:,,.,:.:::::i-- ,;,-,,,..,::,.....,J.,-;,-) 44,,v-_•i,-1,4,,, ,,,-f-411,:::,,,74: .,:..4,:i.-,3.,-,.,,,,•:::...:•.-.,- 56 MIAMIBEACH Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service OTHER(Please specify) We do—do not—want to be retained on your mailing li st f o r future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT ATTN: Yusbel Gonzalez, CPPB STATEMENTS OF QUALIFICATIONS#2015160-YG 1700 Convention Center Drive, 3rd Floor MIAMI BEACH, FL 33139 RFQ 2015-160-YG Appendix B - Page 1 57 APPENDIX C MIAMIBEACH Minimum Requirements 8� Specificatlo : s RFQ No. 2015- 144-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 58 Cl. Minimum Requirements: The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposals that fail to comply with minimum requirements will be deemed non- responsive and will not be considered. 1. Proposer must be a State of Florida Certified General Contractor, State of Florida Certified Under Ground Utility Contractors or licensed engineering or architectural firm by the State of Florida Department of Business and Professional Regulation, regularly engaged in the business of providing the professional specialization services as described in this RFQ. Submittal Requirement: Provide a copy of the required license(s). 2. Proposer must have a minimum of five (5) years' experience providing the services outlined in the RFQ and must have successfully completed at least three (3) projects for public sector clients (i.e. municipal governments, agencies or other levels of government) demonstrating experience in providing constructability,cost, and value engineering review services. Submittal Requirement: for each project, submit project name and description, assigned tasks and responsibilities, agency (client) name, agency (client) contact, contact telephone and email, month and year the services were started and completed, term of engagement, total cost andlor fees paid to your firm, total cost of construction (estimated and actual). 3. Project Manager must have a minimum of five (5) years' experience providing the services outlined in the RFQ and must have successfully completed at least three (3) projects for public sector clients (i.e. municipal governments, agencies or other levels of government) demonstrating experience in providing constructability, cost, and value engineering review services. Submittal Requirement: for each project, submit project name and description, project manager duties and responsibilities, agency (client) name, agency (client) contact, contact telephone and email, month and year services were started and completed, and the term of engagement. C2. Statement of Work Required I. BACKGROUND The City's Capital Improvement Program has grown from approximately$400 million to over$1.8 billion. The active projects are valued at approximately $500 million. Quality improvement opportunities can be found by having the ability to identify constructability issues and minimize unforeseen conditions which will mitigate the attendant impact on project costs and schedules. The City recognizes the value of pursuing a two-pronged approach to implement more rigorous quality control initiatives utilizing dedicated in-house resources, as well as outside expertise from construction industry professionals that would be pre-selected as a result of the Request for Qualifications (RFQ) selection process. 59 The Right of Way (ROW) portion of the program has been subdivided into several neighborhood projects located throughout the City that are in various stages of design, bid, and construction. The probable cost estimates and construction drawings are developed by the design consultants during the design phase of the work and reviewed by the stakeholder City Departments prior to the issuance of the Invitation to Bid, (ITB). The proposed quality control enhancements would utilize construction industry professionals, as needed, during various phases of a project to provide construction cost estimates; constructability reviews; identify value engineering alternatives; review pricing on bid submittals and provide overall input on construction quality control issues. This involvement of independent industry professionals during the design process to properly address the residents' needs, review alternate construction means and methods, establish quality assurance/quality control procedures, provide comprehensive peer review of construction documents to identify design deficiencies, identify potential value engineering alternatives and establish accurate project timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying the monetary requirements for construction allows the City to forecast the monies required prior to issuance of any necessary construction bonds and/or capital budget requirements. II. STATEMENT OF WORK REQUIRED. The successful proposer(s) will be required to provide the City with constructability reviews, value engineering analysis to identify potential cost savings, technical specification reviews, identify alternate construction means and methods, establish accurate project scheduling, and establishing quality assurance/quality control guidelines. The successful proposers will meet with the design team and the City during the development of a project and participate in the review of bids or proposals as needed. 9 P J P P P p Furthermore, the successful proposers will be required, but not limited to: • Provide detailed quantity take off of materials required to complete various projects in accordance with Technical Specifications and design documents. • Provide detailed estimate of labor and material costs in an Excel spreadsheet format showing unit prices, based on past comparable unit costs specifically associated with the South Florida Market • Provide detailed constructability review with recommendations for alternate means and methods of construction activities, value engineering, scheduling and construction sequencing that will potentially reduce costs of the project. • Provide a cost comparison to a recognized construction cost estimating service adjusted for South Florida construction. (RS Means or equivalent). The estimates will be contained in a single spreadsheet showing cost comparisons individually tabulated. • Identify any comparable projects, including completion dates that were used to develop the construction cost estimate. • Support City Staff and participate in the value engineering reviews with contractor. • Support City Staff in the bidding and award phase of projects. 60 APPENDIX D MIAMI p EACH Special Conditions RFQ No. 2015- 144-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 61 MIAMIBEACH 1. TERM OF CONTRACT. Three (3) Years 2. OPTIONS TO RENEW.Two (2) additional one (1) year options 3. PRICES. Not applicable. 4. EXAMINATION OF FACILITIES. Not applicable 5. INDEMNIFICATION. Not applicable 6. PERFORMANCE BOND. Not applicable 7. REQUIRED CERTIFICATIONS. Not applicable 8. SHIPPING TERMS. Not applicable 9. DELIVERY REQUIREMENTS. Not applicable 10. WARRANTY REQUIREMENTS. Not applicable 11. BACKGROUND CHECKS. Not Applicable 12. ADDITIONAL TERMS OR CONDITIONS. This RFQ, including the attached Sample 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 purchase engagement urchase order. 13. PRECLUSION. Successful Proposer and sub-consultants contracted to provide constructability, cost, and value engineering services for a particular project are precluded from bidding/responding to the competitive solicitation for the design and/or construction of the project. RFQ 2015-160-YG Appendix D — Page 1 62 1 APPENDIX E 1 1 1 MIAMLIEAC , Insurance Requirements 1 1 RFQ No. 201 5- 1 44-YG Constructability, Cost, and Value Engineering Review Services 1 DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 63 M I AM I BEAC H INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. XXX 2. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. XXX 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. XXX 4. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10%of the limit of liability. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ • .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating A-:VII or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 7613.28, the Florida Constitution, and any other applicable Statutes. RFQ 2015 160-YG Appendix E — Page 1 64 APPENDIX F MIAMIBEACH Sample Contract RFQ No. 201 5- 144-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 65 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND [INSERT CONSULTANT NAME] FOR CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES Resolution No. RFQ 2015-160-YG Appendix E - Page 1 PP 9 66 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1. DEFINITIONS 3 ARTICLE 2. BASIC SERVICES 8 ARTICLE 3. THE CITY'S RESPONSIBILITIES 15 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 18 ARTICLE 5. ADDITIONAL SERVICES 19 ARTICLE 6. REIMBURSABLE EXPENSES 20 ARTICLE 7. COMPENSATION FOR SERVICES 21 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 22 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 22 ARTICLE 10. TERMINATION OF AGREEMENT 23 ARTICLE 11. INSURANCE 25 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 26 ARTICLE 13. ERRORS AND OMISSIONS 26 ARTICLE 14. LIMITATION OF LIABILITY 27 ARTICLE 15. NOTICE 28 ARTICLE 16. MISCELLANEOUS PROVISIONS 28 SCHEDULES: SCHEDULE A SCOPE OF SERVICES 34 SCHEDULE A-1 SPECIAL TAXING DISTRICT MAP 49 SCHEDULE B CONSULTANT COMPENSATION 50 SCHEDULE C HOURLY BILLING RATE 51 SCHEDULED CONSTRUCTION COST BUDGET 52 SCHEDULE E PROJECT SCHEDULE 53 SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 54 SCHEDULE G INSURANCE AND SWORN AFFIDAVITS 83 SCHEDULE H BEST VALUE AMENDMENT 84 RFQ 2015-160-YG Appendix E — Page 2 67 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND [INSERT CONSULTANT NAME] FOR CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES This Agreement made and entered into this day of , 2015, 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 [ENTER CONSULTANT NAME], a [ENTER STATE OF INCORPORATION] corporation having its principal office at [ENTER ADDRESS] (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage the Consultant to provide specific professional services including, without limitation, NE services for the Project, at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of the aforestated professional services relative to the Project, as hereinafter set forth; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY(OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized representatives designated in writing (including the RFQ 2015-160-YG Appendix E — Page 3 68 Project Coordinator) with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the Services, and/or this Agreement). 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualification No. 2015- 160-YG, entitled "Request for Qualification for Constructability, Cost, and Value Engineering Review Services, together with all amendments thereto (if any), and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the architect/engineer who has entered into a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, sub-consultants, agents, and any other person or entity acting under the supervision, direction, or control of Consultant. Any sub-consultants retained by Consultant for the Project shall be subject to the prior written approval of the City Manager. Consultant shall provide the Project Coordinator with copies of the contract between Consultant and any sub-consultant. Any such contracts shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and sub-consultants. Any approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Basic Services. The quality of services and acceptability to the City of the services performed by such sub-consultants shall be the sole responsibility of Consultant. The following sub-consultants are hereby approved by the City Manager for the Project: 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in writing by the City Manager who shall be the City's authorized representative to coordinate, direct, and review (on behalf of the City) all matters related to the Project during the design and construction of the Project (unless expressly provided otherwise in this Agreement or the Contract Documents). RFQ 2015-160 YG Appendix E - Page 4 69 1.7 [Intentionally Omitted] 1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement(and as required to complete the Project), as further described in Article 2 and Schedule "A" hereto. In addition any Services not specifically addressed as Additional Services (as defined herein) shall be considered Basic Services. 1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved by the City Commission and is described in Schedule"A" hereto. 1.9.1 Project Cost: The "Project Cost", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. 1.9.2 Project Scope: The "Project Scope" shall mean the description of the Project in Schedule "A" hereto. 1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total cost to the City of the Work(as established in the Contract Documents, as they may be amended from time to time), including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of the construction cost for rehabilitation of historic buildings. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsive and responsible bidder or proposer for such Work. 1.10.1 Construction Cost Budget: The "Construction Cost Budget" shall mean the amount budgeted by the City for the Construction Cost, as set forth in Schedule"D" hereto. 1.10.2 Statement of Probable Construction Cost: The "Statement of Probable Construction Cost" shall mean the latest approved written estimate of Construction Cost submitted by the Consultant to the City, in a format approved by the Project Coordinator. For Work which bids or proposals have not been let, the Statement of Probable Construction Cost shall be the same as the Construction Cost. RFQ 2015-160-YG Appendix E — Page 5 70 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of sub-consultants/sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process SHALL NOT be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, the Consultant shall request a time extension from the Project Coordinator within five (5) business days of said force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless additional services are required, and approved pursuant to Article 5 hereof. 1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. With regard to this Agreement, in particular, the term "Contractor" shall refer to the Design-Build firm contracting with the City for performance of the design services and Work for the Project. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, and written amendments issued thereto), and the documents prepared by Consultant in accordance with the requirements of the Scope of Services in Schedule "A" hereto (that form the basis for which the City can receive bids for the Work included in the documents). The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the invitation to bid (ITB), instructions to bidders, bid form, bid bond, the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction [General, Supplementary, and other Conditions], Divisions 0-17, Design Criteria Package, an approved Change Order(s), approved Construction Change Directive(s), and/or approved written order(s)for a minor change in the Work. 1.14 CONTRACT FOR CONSTRUCTION: In this Agreement, the term "Contract for Construction" shall mean the legally binding agreement between City and with Contractor, which is intended to be a Design-Build contract for performance of the design services and Work for the Project. RFQ 2015-1 60-YG Appendix E — Page 6 71 1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, technical specifications, drawings, documents, and diagrams prepared by the Contractor pursuant to its Contract for Construction, which show the locations, characters, dimensions and details of the Work to be done, and which are in compliance with the Contract Documents. 1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates. Contract Amendments shall be approved by the City Commission if they exceed fifty thousand dollars ($50,000.00) or the City Manager if they are fifty thousand dollars ($50,000.00) or less (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than fifty thousand ($50,000.00), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which have been duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods, procedures, etc. necessary or convenient to performance by Contractor of all duties and obligations proposed by the Contract Documents. 1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. 1.20 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, and permitting fees, etc. 1.21 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. RFQ 2015-160YG Appendix E - Page 7 72 1.22 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. 1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A - Scope of Services. Schedule B - Consultant Compensation. Schedule C - Consultant Hourly Billing Rate Schedule. Schedule D - Construction Cost Budget. Schedule E - Project Schedule. Schedule F - General Conditions of the Contract for Construction Schedule G - Insurance Requirements and Sworn Affidavits Schedule H - Best Value Amendment ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract Documents and as set forth in Schedule "A" hereto. 2.2 The Services will be commenced upon issuance of the first Notice to Proceed which shall be issued by the Project Coordinator and counter-signed by Consultant. Subsequent Notices to Proceed shall also be issued by the Project Coordinator. A separate Notice to Proceed shall be required prior to commencement of each Task (as same are set forth in Schedule"A" hereto). 2.3 As it relates to the Services and the Project, Consultant warrants and represents to City that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the RFQ 2015-160-YG Appendix E - Page 8 73 Project Coordinator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as other Consultants, including, without limitation, City provided Consultants (if any). 2.4 The Consultant warrants and represents to City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to City that it is responsible for the technical accuracy of the Services (including, without limitation, the Contract Documents contemplated in Schedule"A" hereto). 2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of Planning Services, Design Services, Bidding and Award Services, Construction Administration - Contractor's Design Phase, and Construction Administration - Construction Phase, all as further described in Schedule "A" hereto; 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 (attached as Schedule "F" hereto). 2.5.1 Planning Services: Consultant shall provide a Planning Services for the Project, as required by the Contract Documents and as set forth in Task 1 of Schedule "A" hereto (entitled "Planning Services"). 2.5.2 Design Services: Consultant shall prepare design documents for the Project, as required by the Contract Documents and as set forth in Task 2 of Schedule "A" hereto (entitled "Design Services") 2.5.3 Bidding and Award Services: Consultant shall provide bidding and award services for the Project, as required by the Contract Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding and Award Services"). 2.5.4 Construction Administration—Contractor's Design Phase: Consultant shall provide construction administration services for the Project, as required by the Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled "Construction Administration - Contractor's Design Phase"). 2.5.5 Construction Administration- Construction Phase: Consultant shall provide construction administration services for the Project, as required by the RFQ 2015-160YG Appendix E — Page 9 74 Contract Documents and as set forth in Task 5 of Schedule "A" hereto (entitled "Construction Administration - Construction Phase"). 2.5.6 Additional Services: If required (and so approved) by the City, Consultant shall provide Additional Services, as set forth in Schedule "A" hereto. 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for the accuracy and competency of its/their designs, working drawings, plans, technical specifications, or other technical documents, nor shall such approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, plans, technical specifications, or other technical documents; provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City pursuant to this Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of 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 parties (subject to approval of the Agreement by the Mayor and City Commission) (the Effective Date), and shall be in effect until all Services are completed or until the work and/or services under the Notices to Proceed in force at the end of the stated period of time have been completed and the Services accepted, whichever may be later. 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 The Services shall be performed in a manner that shall conform to the approved Project Schedule, attached to as Schedule "E" hereto. The Consultant may submit requests for an adjustment to the Project Schedule, if made necessary because of undue delays resulting from untimely review taken by the City(or other governmental authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Coordinator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other RFQ 2015-160-YG Appendix E — Page 10 75 documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted) shall be in writing. 2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate the Agreement, as provided elsewhere herein. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator, Contractor, 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 in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all work required under the Agreement(including the work performed by sub-consultants), within the specified time period and specified cost. The Consultant shall perform the work utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of the work in the State of Florida. The Consultant is responsible for, and shall represent to City that the work conforms to City's requirements, as set forth in the Agreement. 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 work. 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 re-performance of any non-conforming construction services resulting from such deficient Services for a period from the Effective Date of this Agreement, until twelve (12) months following final acceptance of the Work, and for the period of design liability required by applicable law. The Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of the corrections. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of the work required under the Agreement shall be construed to relieve the Consultant(or any sub-consultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws RFQ 2015-160-YG Appendix E - Page 11 76 for all damages to City caused by any failure of the Consultant or its sub-consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect to the performance of work by sub-consultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the sub-consultant's work. 2.9.1 The Consultant shall be responsible for deficient, defective Services and any resulting deficient, defective construction services re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance, not to exceed twenty-four months (24)from final acceptance. 2.9.2 Consultant Performance Evaluation: The Consultant is advised that a performance evaluation of the work rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any work performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. 2.11 [Intentionally Omitted] 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. RFQ 2015-160-YG Appendix E - Page 12 77 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of the first Notice to Proceed, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager(as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Coordinator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or his designee (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 sub-consultants). 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-public information concerning the Services or the Project, without the prior written consent of the City Manager or his designee (who shall be the Project Coordinator), 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 property subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services do not delineate every detail and minor work task required to be performed by Consultant to complete its work on the Project. If, during the course of performing of the Services, Consultant determines that work should be performed to complete its work on the Project, and which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated in the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall obtain the Project Coordinator's written consent before proceeding with such work. If Consultant proceeds with any such additional work without obtaining the prior written consent of the Project Coordinator, said work shall be deemed to be within the original Scope of Services, and deemed included as a Basic Service (whether or not specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the City to perform such work. Performance of any such work by Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records RFQ 2015-160-YG Appendix E — Page 13 78 pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 The City's participation in the design and construction of the Project shall in no way be deemed to relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under Applicable Laws. 2.18 GREEN BUILDING STANDARDS: 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 SUB-CONSULTANTS: All services provided by sub-consultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the sub-consultants, which shall contain 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 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. The Consultant shall cause the names of sub- consultants responsible for significant portions of the Services to be inserted on the plans and specifications. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project (except unless otherwise expressly provided in this Agreement or the Contract Documents) during the design and construction of same. The Project Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or RFQ 2015-160 YG Appendix E — Page 14 79 instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying or changing, (in any way) the following: a) the Scope of Services; b) the time within which Consultant is obligated to commence and complete the Services; or c) the amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall make available to Consultant all information that the City has in its possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and/or representation as to the accuracy or completeness of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 3.3 [Intentionally Omitted] . .3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its sub- consultants or vendors). 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non- conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt written notice thereof to the Consultant. 3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. No City administrative (proprietary) approvals and/or decisions required under this Agreement shall be unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times have the right to approve or reject any such requests for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct, RFQ 20]5-160-YG Appendix E — Page 15 80 by passage of an enabling resolution or amendment to this Agreement: 3.7.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, 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. 3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from administrative decisions of the City Manager or the Project Coordinator. In such cases, the Commission's decision shall be final and binding upon all parties. 3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements)and of any sub-consultants (and any replacements). 3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his/her discretion, the City Manager may also consult with the City Commission on such matters. 3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. RFQ 2015-160-YG Appendix E — Page 16 81 3.8.4 [Intentionally Omitted] 3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.8.6 The City Manager may, in his/her sole discretion, form a committee or committees, or inquire of, or consult with, persons for the purpose of receiving advice and recommendations relating to the exercise of the City's powers, duties, and responsibilities under this Agreement or the Contract Documents. 3.8.7 The City Manager shall be the City Commission's authorized representative with regard to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof). ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City has established the Construction Cost Budget for the Project, as set forth in Schedule "0", attached hereto. 4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by the Consultant. 4.3 Consultant shall warrant and represent to the City that its review and evaluation of the Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment 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 The Construction Cost Budget (as established in Schedule "0" hereto) 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 RFQ 201 5-160-YG Appendix E - Page 17 82 Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such budget is exceeded, the City Commission may, at its sole and reasonable discretion, terminate this Agreement(and the remaining Services)without any further liability to the City. 4.5 If the lowest and best base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission may, at its sole option and discretion, 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; or(5)work with the Consultant to reduce the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents), and provide re-bidding services, as many times as reasonably requested by the City, at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within five percent(5%) of 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 Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; an hourly 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 amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services may include, but not be limited to, the following: 5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and causes which do not currently exist, or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, RFQ 2015-160-YG Appendix E — Page 18 83 inadvertence, or negligence of Consultant). 5.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or negligence of Consultant. 4 5.2.3 [Intentionally Omitted] 5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts (except for Contract Document revisions and re-bidding services required under Section 4.5 hereof, which shall be provided at no additional cost to City). ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any money not directed to be used by City for Reimbursable Expenses shall remain with the City (i.e. unused portions will not be paid to Consultant). _Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator (along with any supporting receipts and other back-up material requested by the Project Coordinator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are"true and correct and in accordance with the Agreement." 6.2 Reimbursable Expenses may include, but not be limited to, the following: 6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its sub- consultants, and courier, postage and handling costs between the Consultant and its sub-consultants). 6.2.2 Costs for reproduction and preparation of graphics for community workshops. 6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project (i.e. City permit fees). RFQ 2015-160-YG Appendix E — Page 19 84 ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be $ , including a Reimbursable Expenses allowance of$ 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made 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. 7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule "C" 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 in Schedule "B" hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to year basis. Such adjustment will be based on the cumulative change of the CPI for the Miami urban area, provided that in no event shall any the annual increase exceed three percent(3%). 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis. Invoices shall identify 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 Coordinator for the requested Additional Service(s)or Reimbursable Expense(s)shall accompany the invoice. RFQ 2015-160-YG Appendix E — Page 20 85 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). 7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written approval of the City Manager before disbursement of same. 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 sub-consultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing. In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs RFQ 2015-160-Y3 Appendix E — Page 21 86 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 sub-consultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10.TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds b its legislative body in an amount sufficient to allow continuation of its performance in by 9 Y P accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding, either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty(30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another Consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual RFQ 2015-160-YG Appendix E — Page 22 87 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 Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty(30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) RFQ 2015-160-YG Appendix E — Page 23 88 stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator). ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator: (a) Professional Liability Insurance, in the amount of [ENTER AMOUNT], per claim, with a maximum deductible of [ENTER AMOUNT] per claim, $450,000 aggregate. Consultant shall notify the Project Coordinator, in writing, within thirty (30) days of any claims filed or made against its Professional Liability Insurance policy. (b) Comprehensive General Liability Insurance, in the amount of [ENTER AMOUNT], Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which shall include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits required under Florida law. 11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. RFQ 2015-160-YG Appendix E — Page 24 89 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. ERRORS AND OMISSIONS 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 Contract Documents that were prepared by the Consultant 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. 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 City's Capital Improvement Projects Director(the Director). The Director's decision on all claims, questions and disputes shall be final, conclusive RFQ 2015-160-YG Appendix E — Page 25 90 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 Director, the Consultant shall present any such objections, in writing, to the City Manager. The Director 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. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: , City Manager With a copy to: Procurement Department City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Director RFQ 2015-160-YG Appendix E — Page 26 91 All written notices given to the Consultant from the City shall be addressed to: [ENTER CONSULTANT NAME AND ADDRESS] All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in Federal Court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 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. 16.3 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 contractor, supplier, subcontractor, or sub-consultant 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 RFQ 2015-160-YG Appendix E — Page 27 92 16.4 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. 16.5 LAWS AND REGULATIONS: 16.5.1.The Consultant shall, during the Term of this Agreement, be governed by Federal, State, Miami-Dade County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the Project. 16.5.2... Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," 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 contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub-consultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2The Consultant and its sub-consultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. RFQ 2015-160-YG Appendix E — Page 28 93 16.5.2.4A 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. 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in these Contract Documents prepared by Consultant, including documents prepared by its sub- consultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercial facilities. 16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other Consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other Consultant to perform any such incidental Services. 16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject to the prior written approval of the City Manager. 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, RFQ 2015-160-YG Appendix E — Page 29 94 materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said Services. 16.12 INTENT OF AGREEMENT: 16.12.1 The intent of the Agreement is for the Consultant to provide design services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.12.2 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. 16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 16.13 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] RFQ 2015-160-YG Appendix E — Page 30 95 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: CITY CLERK MAYOR CONSULTANT: [ENTER CONSULTANT NAME] Attest Signature/Secretary Signature/President Print Name Print Name RFQ 2015-160-YG Appendix E — Page 31 96 SCHEDULE A SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & [ENTER CONSULTANT NAME] CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SEVICES RFQ 2015-160-YG Appendix E — Page 32 97 SCHEDULE B CONSULTANT COMPENSATION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & [ENTER CONSULTANT NAME] CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SEVICES Project Name and No: Scope of Services: Fee for this Service Order: $ Note: These services will be paid lump sum based on percentage of work complete as identified in the Consultant Service Order. RFQ 2015-160-YG Appendix E — Page 33 98 SCHEDULE C HOURLY BILLING RATE SCHEDULE RFQ 2015-160-YG Appendix E — Page 34 99 SCHEDULE D COSTRUCTION COST BUDGET RFQ 2015-160-Y3 Appendix E — Page 35 100 SCHEDULE E PROJECT SCHEDULE RFQ 2015-160-YG Appendix E — Page 36 101 I I SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT RFQ 2015-160-YG Appendix E — Page 37 102 SCHEDULE G INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS. SEE ATTACHED RFQ 2015-16O YG Appendix E — Page 38 103 1 SCHEDULE H BEST VALUE AMENDMENT of The Consultant agrees to abide by all the required documentatio n o the City's Performance Information Procurement System and submit the weekly reports. RFQ 2015-160-YG Appendix E — Page 39 104 ATTACHMENT C CONSULTANT'S RESPONSE TO THE RFQ 35 f 1 _ SUBMITTED TO: ,.., 1 - ( MIAMIBEACH . = , ,. R .t ,�1. " ,,,-»,+ 1 > 4,' _ -.'rim, r� � BEACH -- � '� �+1 '''� �''t_ MIAMI LI� fia� � !�'� CONVFNiION ifNlEi i i i91 ,• r '-•.T. ii i'1- ; 'f * 1r -. � j =1 '} ; �1 R,EQ No. 2015-16o-YG 1 ,A, i': tBAto�n Rd :.r�� . f fit, ; _ CONSTRUCTM ILITY, COST, �I E is , �.- ,L- ar VALUE ENGINEERING 7 ,1 I. _ _ . - F _ Y 4, r _,� . .._ _ = REVIEW SERVICES yA � F 4� •� I,; 7.•, t":".*-1'i 7,,,,,.J7C}1 .iK Ik.�q�;:io-,))c._-_;/..k., .1 il, ;/ . • — It----,,-- t. Ft-. J:--','lir+,, ri T V 1p 4` I)�_ S j i�..M.k n ..r ... �: 4v,:,',,... ^" .. ■ �r,Jr� ..,, ;t.', '. - '''.10.1.44'!'l C� -� " ROAD � � , �,.4 - ' �� G� LOSE t, r. !� �J A � _ ROAD � � �- Auk',:� � -��' ,cr,J1.,7,---', — - CLOSED _! .-...•II_ 4: CLOSED] CLO ,t \�CLi i•- .%.,„,:7 t__ 'tea: ,,' &-17_ _.`f — .- `-X11'a _ _ "3" _ 1 i r it II r : -r - -';'MlisTai k•147/(400 { .�.,.�.y,�_7,�,r�b'"N.Ste;,...�7 •z-ate- SUBMITTED BY: • WITH: •.w. Louis J.Aguirre&Associates,P.A. I - . ,_ -..--:- Curtoom Companies,Inc. �— Eastern Engineering Group r ,\ Robinson,Stafford&Rude,Inc. AUGUST 25,2015 _ Ws i N ,. . ., MIAMIBEACH Constructability, Cost, and Value Engineering Review Services RFQ No. 2015-160-YG TABLE OF CONTENTS TAB 1 Cover Letter & Minimum Qualifications Requirements 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A) Code of Business Ethics Vendor Campaign Contributions 1.3 Minimum Qualifications Requirements Licenses and Certifications 2 Experience and Qualifications 2.1 Qualifications of Proposing Firm 2.2 Qualifications of Proposer Team Organization Chart 2.3 Financial Capacity Appendix E Insurance Requirements 3 Approach and Methodology 3.1 Disadvantaged Business Enterprise r iEr Construction Management . Engineering Architecture Land Surveying Material Testing 14400 NW 77 Court, Suite 203 • Miami Lakes,FL 33016 • Phone: (305)698-3914 • Fax: (305)698-3916 • www.haks.net August 25,2015 Yusbel Gonzalez, CPPB City of Miami Beach Department of Procurement 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 • RE: RFQ 2015-160-YG Constructability,Cost,and Value Engineering Services Dear Mr. Gonzalez and Selection Committee Members: HAKS enthusiastically submits the enclosed qualifications to provide constructability, cost,and value engineering services to the City of Miami Beach. HAKS is a multi-disciplined infrastructure design and construction management firm with the resources of over 600 professionals. One of our core strengths is in construction management representing some of the largest clients in the United States including the New York City DOT,the New York City Department of Design and Construction,the New York City School Construction Authority,and the New York State Department of Transportation.We are currently working with Miami-Dade Parks, Recreation and Open Spaces(PROS)and as a subconsultant to the Florida Department of Transportation, District Six. We have assembled an outstanding local team to provide the City of Miami Beach with a variety of specialists to address any assignment. To lead our efforts,we have selected as Project/Contract Manager,Jose(Joe) L Gomez,P.E.,who has more than 37 years of infrastructure experience in South Florida as a member of the Florida Department of Transportation,District 6,and as a consultant. Joe has been involved in some of the most challenging and complex projects in our community; he has also worked on projects with the City of Miami Beach. To assist Joe and augment HAKS's capabilities, HAKS has teamed with the following firms: Louis J.Aguirre,PA,a leading MEP firm in South Florida; Eastern Engineering Group for structural support services;Curtoom Companies,Inc.for cost estimating support;and Robinson,Stafford and Rude,Inc.for value engineering services. Thank you for considering HAKS to serve as an extension of your staff to assist you in delivering the City of Miami Beach's ambitious capital improvements plan. Please contact me if you have any questions or require additional clarification. With k" d egards, \HAKS \,)6 41.1.41111 se ( O: L.Gomez, P.E. Ser11'or Vic- President/Contract Manager Cc: Rafael Granado,City Clerk NEW YORK • NEW JERSEY • PENNSYLVANIA • MARYLAND • CONNECTICUT • MASSACHUSETTS • VIRGINIA • FLORIDA MIAMI BEACH Solicitation No: Solicitation Title: RFQ No. 2015-160-YG Constructability,Cost,and Value Engineering Review Services Procurement Contact: Tel: Email: Yusbel Gonzalez, CPPB 305-673-7000 Ext.6230 yusbelgonzalez(a miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective proposers of certain solicitation and contractual requirements, and to collect necessary information from proposers in order to confirm that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information: FIRM NAME: HAKS No of Years in Business: 23 No of Years in Business Locally: 4 No of Employees: 624 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 40 Wall Street, 11th Floor CITY: New York STATE: NY ZIP CODE: 10005 TELEPHONE NO.: (212) 747-1997 TOLL FREE NO.: FAX NO.: (212) 747-1947 FIRM LOCAL ADDRESS: 14400 NW 77 Court CITY: Miami Lakes STATE: FL ZIP CODE: 33016 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Joe Gomez, P.E. ACCOUNT REP TELEPHONE NO.: (305) 698-3914 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: jgomez @haks.net FEDERAL TAX IDENTIFICATION NO.: 13-3779703 The City reserves the right to seek 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. RFQ 2015-160-YG Appendix A— Page 1 MIAMI BEACH 1. Veteran Owned Business.Is ro oser claiming a veteran owned business status? YES X NO SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposals must disclose,in their Statement of Qualifications,the name(s)of any officer,director,agent,or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposals must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposals must disclose the name(s)of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposals must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates 3. References and Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) firm name, 2) contact individual name and title 3)address 4)telephone 5)contact's email and 6)narrative on scope of services provided. 4. Suspension,Debarment or Contract Cancellation.Has proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an .ublic sector agency? [ YES © NO SUBMITTAL REQUIREMENT: If answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to action(s).• 5. Vendor Campaign Contributions. Proposals are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposals shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Statement of Qualifications,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics.Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 7. - -- . '_ --• = - . - ,.; - _ -- --- - -..- --- .. .• . - -.. •••_ . •••- • _:_ • ti• . - • \- •.. .• RFQ 2015-160-YG Appendix A- Page 2 MIAMIBEACH fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is•1 . _ • 1 1 , • , . . .. -e. ! . • . . • .. ..-. • ... _ .. 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? X YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? X YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit(s) Souses Domestic Partners Health X X Sick Leave X _ X Family Medical Leave X X Bereavement Leave X X If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, Statement of Qualifications,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. RFQ 2015-160-YG Appendix A - Page 3 MIAMI BEACH SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing this affidavit document,proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposer or alter solicitation requirements.The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposals are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendums may result in proposal disqualification. Initial to Confirm I:ti: 1•Confirm Initial to Confirm Receipt r ipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 6\ :,' Addendum 7 Addendum 12 Addendum 3 ► �\ � Addendum 8 Addendum 13 Addendum 4 It Vy Addendum 9 Addendum 14 Addendum 5 eV Addendum 10 _ Addendum 15 If additional confirmation of addendum' r-'u -d,submit under separate cover. RFQ 2015-160-YG Appendix A—Page 4 MIAMI BEACH �.: ;. :; ;:DISCLOSURE.AND DISCLAIMER;SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then-only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation.Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2015-160-YG Appendix A— Page 5 MIAMI BEACH •,P-ROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by • the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: CitirrOt L. E--G J� ,T.lk��t__. Y l t-r . Signatu a.'o •roposer' thorii-• -e •ntative: Date: kk.WL ► � v�1 22 210■ State of FLORIDA ) On this GZ4day of -,TL.Put ,206 personally ) appeared before me t .C ► a L who County of Mi Crn► -1,r462-) stated that (s)he is the c:v. V+t% P(.2 , of 1AK S , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowled ed said instrument to be its voluntary act and deed.Before me: ELIZABETH MESA NOTARY PUBLIC ( c l4 & - FLORIDA Notary Public for the State of Florida—STATE OF FL / • -�• Cann*FF155772 My Commission Expires: /Z .' Z4 e? . • Expires 8/28/2018 RFQ 2015-160-YG Appendix A—Page 6 �_'-• Construction Management Engineering Architecture Land Surveying Material Testing 40 Wall Street, 11th Floor • New York, NY 10005 • Phone:(212)747-1997 • Fax: (212)747-1 960 • www.haks.net CODE OF ETHICS GENERAL STATEMENT OF POLICY: • Honesty and candor in our activities, including observance of the spirit, as well as the letter of the law; • Avoidance of conflicts between personal interests and the interests of HAKS, or even the appearance of such conflicts; • Maintenance of our reputation and avoidance of activities which might reflect adversely on the Company; and • Integrity in dealing with the Company's assets. HONESTY AND CANDOR IN OUR ACTIVITIES, INCLUDING' OBSERVANCE OF THE SPIRIT,AS#FULL AS THE LETTER OF THE LA!!� HAKS will conduct its business honestly and ethically wherever we operate in the World. We will constantly improve the quality of our services, products and operations and will create a reputation for honesty, fairness, respect, responsibility, integrity, trust and sound business judgment. No illegal or unethical conduct on the part of officers, directors, employees or affiliates is in the company's best interest.. HAKS will not compromise its principles for short- term advantage. The ethical performance of this company is the sum of the ethics of the men and women who work here. Thus, we are all expected to adhere to high standards of personal integrity. Officers, directors and employees of the company must never permit their personal interests to conflict, or appear to conflict, with the interests of the company, its clients or affiliates. Officers, directors and employees must be particularly careful to avoid representing HAKS in any transaction with others with whom there is any outside business affiliation or relationship. Officers, directors and employees shall avoid using their company contacts to advance their private business or personal interests at the expense of the company, its clients or affiliates. No bribes, kickbacks or other similar remuneration or consideration shall be given to any person or organization in order to attract or influence business activity. Officers, directors and employees shall avoid gifts, gratuities, fees, bonuses or excessive entertainment, in order to attract or influence business activity. AVOIDANCE OF CONFLICTS BETIVEENPERSONAL INTERESTS AND THE INTERESTS OFHAICS OR EVEN THE APPEARANCE OF SUCH CONFLICTS Officers, directors and employees of HAKS will often come into contact with, or have possession of, proprietary, confidential or business-sensitive information and must take appropriate steps to assure that such information is strictly safeguarded. This information — whether it is on behalf of our company or any of our clients or affiliates—could include strategic NEW YORK • NEW JERSEY • PENNSYLVANIA • MARYLAND • CONNECTICUT • MASSACHUSETTS • FLORIDA business plans, operation results, marketing strategies, customer lists, personnel records, upcoming acquisitions and divestitures, new investments and manufacturing costs, processes and methods. Proprietary, confidential and sensitive business information about this company, other companies, individuals and entities should be treated with sensitivity and discretion and only be disseminated on a need-to-know basis. All employees share a serious responsibility for HAKS's good public relations, especially at the community level. Their readiness to help with religious, charitable, educational, and civic activities brings credit to HAKS and is encouraged. Employees must, however, avoid acquiring any business interest or participating in any other activity outside HAKS that would, or would appear to: • Create an excessive demand upon their time and attention, thus depriving HAKS of their best efforts on the job. • Create a conflict of interest - an obligation, interest, or distraction - that may interfere with the independent exercise of judgment in HAKS's best interest. Employees should avoid investing in or acquiring a financial interest for their own accounts in any business organization that has a contractual relationship with HAKS, or that provides goods or services, or both, to HAKS if such investment or interest could influence or create the impression of influencing their decisions in the performance of their duties on behalf of HAKS. MAINTENANCE OF OUR REPUTATION AND AVOIDANCE OF ACTIVITIES WHICH MIGHT REFLECT ADVERSELY ON THE COMPANY Employees must not accept entertainment, gifts, or personal favors that could, in any way, influence, or appear to influence, business decisions in favor of any person or organization with whom or with which HAKS has, or is likely to have, business dealings. Similarly, employees must not accept any other preferential treatment under these circumstances because their positions with HAKS might be inclined to, or be perceived to, place them under obligation to return the preferential treatment. Regarding HAKS's business activities, employees may not receive payment or compensation of any kind, except as authorized under HAKS's business and payroll policies. In particular, HAKS strictly prohibits the acceptance of kickbacks and secret commissions from suppliers or others. Any breach of this rule will result in immediate termination and prosecution to the fullest extent of the law. Officers, directors and employees will seek to report all information accurately and honestly, and as otherwise required by applicable reporting requirements. Officers, directors and employees will refrain from gathering competitor intelligence by illegitimate means and refrain from acting on knowledge which has been gathered in such a manner. The officers, directors and employees of HAKS will seek to avoid exaggerating or disparaging comparisons of the services and competence of their competitors. Officers, directors and employees will obey all Equal Employment Opportunity laws and act with respect and responsibility towards others in all of their dealings. Officers, directors and employees agree to disclose unethical, dishonest, fraudulent and illegal behavior, or the violation of company policies and procedures, directly to management. Violation of this Code of Ethics can result in disciplinary action, including possible termination. voluntary disclosure of any ethical The degree of discipline relates in part to whether there was a oluntary s y violation and whether or not the violator cooperated in any subsequent investigation. Remember that goods ethics is good business! State of Florida Department of State 1 I certify from the records of this office that HAKS ENGINEERS, ARCHITECTS AND LAND SURVEYORS, P.C. is a New York corporation authorized to transact business in the State of Florida, qualified on November 23, 2010. The document number of this corporation is F10000005161. I further certify that said corporation has paid all fees due this office through December 31, 2014, that its most recent annual report/uniform business report was filed on January 9, 2014, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Ninth day of January, 2014 . ..,*---:.-i*...... . --.. •fir 7.::::.;. T�_,�0�, i16414 04414% i.::-11, hi,it- ----_ V7,4! ! . .-. ..,:: ... Secretary of State Authentication ID:CC2331892245 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html ■ State of Florida Board of Professional Engineers 2639 North Monroe Street,Suite B-112 Tallahassee, Ft 32303-5268 HAKS Engineers,Architects & Land Surveyors,P.C. 40 WALL STREET 11TH FLOOR NEW YORK, NY 10005 Each licensee is solely responsible for notifying the Florida Board of Professional Engineers in writing the licensee's current address. Name changes require legal documentation showing name change. An original, a certified copy, or a duplicate of an original or certified copy of a document which shows the legal name change will be accepted unless there is a question about the authenticity of the document raised on its face, or because the genuineness of the document is uncertain,or because of another matter related to the application. At least 90 days prior to the expiration date shown on this license, a notice of renewal will be sent to your last known address. If you have not yet received your notice 60 days prior to the expiration date, please call (850) 521-0500,or write, Florida Board of Professional Engineers, 2639 North Monroe Street, Suite B-112,Tallahassee, FL 32303-5268 or e-mail: board @fbpe.org. Our website address is http://www.fbpe.org. State of Florida Board of Professional Engineers Attests that HAKS Engineers, Architects & Land Surveyor BPE 1' ' FetWI It .∎∎ I)01 P1SOI1 S'.S)N'■I 1 M iNI 1■RS is authorized under the provisions of Section 471.023, Florida Statutes, to offer engineering services to the public through a Professional Engineer, duly licensed''under Chapter 471, Florida Statutes. Expiration: 2/28/2017 CA Lic. No: Audit No: 228201704266 29342 UI V 1 I te • I o rt ':11::: IQ G YI y EL:►� H.• 0 aV•b.a. /}� • N CI et) ta el o 0 y m "i�},: _,,•-',.,. b 7 �.. NNa1. 7 m CO r O r ' '4 y :f M = , y p.m...l to M 11"1 CD 1:1+ rit -g- '''...,.. VI * �(� z . C p s N H _ • S �fi%� �• !,,fir. vo ..j N ...: s Cid - - x, wt..: i '0.,... •■ \ ' = ' ='''' 0 ' I .' = �. ■ t • till 0., 1 CD CD '''''s IL' • )rir.1• Pt IM.t M-1 . 01 cr 0 :)'"'"k lag 411W h � ,gym P..) e' vCCU1 P m O = =8 CU C Li C -- ° - C — O . d - — . > LT-1 0 .6--, O .-p _ t 00 r-T-■ CL) .-=• E 'II " CO !A cs= -v cl -^ • L4 `' C . 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C1117:g b i 2.g< / 2:35:36 PM 8/24/2015 Licensee Details Licensee Information',-' Name: GOMEZ, REINALDO ALEJANDRO (Primary Name) Main Address: 16047 SW 68 STREET MIAMI Florida 33193 County: DADE License Mailing: LicenseLocation: License Information License Type: Architect Rank: Architect License Number: AR0013736 Status: Current,Active Licensure Date: 04/09/1991 Expires: 02/28/2017 Special Qualifications Qualification Effective Alternate Names View Related License Information View License Complaint 1940 North Monroe Street,Tallahassee FL 32399 :: Er-a Customer Contact Center : Customer contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida,privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail.If you have any questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F,S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee.However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 45.page to determine if you are affected by this change. ` t� �' •';��r k State of Florida { ' �`�.,4 Board of Professional Engineers 'L'A 2639 North Monroe Street,Suite 8-112 . &--.,„+ .^ Tallahassee, Fl.. 32303-5268 Jake C. Ozyman 17970 NE 31ST COURT APT.4122 AVENTURA, FL 33160 NOTICE �, Pursuant to a change in Rule 61G15-22.006,F.A.C.,FBPE no longer 1. -. - it '. : requires that continuing education be reported by the provider.Instead s tate, , ..ci.ii,as +f Vin,,{;�-=+ xF licensees will be subject to a random audit no more than every four(4) Ba s." 1�� :�=0. 8:-,:..c,-,,.ers years. If you are selected for the random audit,you must provide ',P �Y 4 9 «: : verification of four(4)hours of Area of Practice and four(4)hours of• y=' 4' - \ Ar Florida Laws&Rules,all taken prior to February 28,2015, Any CE \t '1k _ ., .,riff,f . *\. _,; %'� : hours taken after February 28,2015 will result in a$100 delinquent fee }''' - , a 41:.BPI. Is licensed as a Pratt'. ..a �*r� :: . ,Florida Statutes and your license being placed in a delinquent status until the additional Bxpkadup:2/x9/2017 e9D WE P.B.Lc.Na AudltNa 728201702257 74421 fee is paid. •.1 ir..a M.rr 1: Stat ': - * rida s ,.,,, r e...,-...-___ ,. E.:- — . -. VitA i ^, '' .t 4l Boars C .: R. 1)1:. ' $ ,u I• ►' eers h t' - ' .EA 1.1.j.' % ''''''.'i'll. r;-'. ' : '' r- 1-::';-":"—;.-: -""ii': FBPE .. .. ; T 1,6,16 I tas- o P1�. :"' --. r,!' ..v�r / 1f It FL<O.ANAL tNF I.tUlF S-- • Y _L ..s. `fib ✓-- ,w S((.7 1'r+ '/ 7S 9 Is licensed as a Professi ,, = +' - ter 471, Florida Statutes .Y -Y`- lr,r ,,r Expiration:2/28/2017 •,,��Gi ••• --r•-' ;. , P.E.Lk.No: Audit No: 228201702257 '�R.. « 74421 4H ..... ..._. ,r, -g mt ...:,- . 4.) ---' ,...., ____ 0 •-- %.1..1 79, ,..c .A.-, 0 ..ti L j..1 -,Z.E.'= "CI a.) O u % 2 z 00 0 0 cip <4 cd 1.4 Co) x col CU CI r 12.;V p o v e' g . .� 0 s� Z w N CI Cd 4' N1i/ t..•�� 0.)tr Z 4j tj c°2 t CNI tj i*i .-, = RS 0 1" .... r--k 1 ; t)A 1'.* .a.J -g (I) u -1- -5- ._ cu ........ u ...CI 0 v I. ,470` t . .,. 11, le ' •r �. � y rI +. 'b' . ++� G ,p -f., . O O =C a V -� ' •N = , • + C4 O re ' t ,.it.. ..„. .. = ...-4 d„,, Cr) t4,..„ •= t ,^� u ^rT, 0�..�1 = 4) x per, ,. ♦ . . i)1, 0 % A,b.S, . iiii..,e' : _ ■ . al ao ill,. 4 ,-,tir, .....,..........„. 4,01 ..... 41.j 41-1'"JLITI""460.....--. w Ct41•4 0 It— •- v nor I ", 40 " P., -- —1!Nil 1 4111111j• CO 2.°` ' r CO CO a-d jr ti w.k (1i 0" g. : V3 Cett.VAVS . Clai ii ID li Z ca 01 0 Cf) 1.4 g. s I i HAKS RECONSTRUCTION OF THE SW GUADALAJARA STREET CORAL GABLES, MIAMI-DADE COUNTY dej HAKS has been retained by the Miami-Dade County Department of Parks, Recreation, and Open Spaces (PROS)to provide Civil Engineering and Construction Administration services for the SW Guadalajara Street in Coral Gables, which provided an access to the Chapman Field Park. Major portion of the SW Guadalajara Street consist a94 ; - of compacted lime-rock base. Over the years, - " _ , PROS has been faced with frequent maintenance ` "' �. - issues with the existing lime-rock of the access road and the parking lot due to sediment erosion during storm events, creating pot holes with uneven ~ ' _ driving and parking surfaces. HAKS has provided Schematic Design, Design ,. Development and Construction Documents for this re-construction project, which included: Roadway Geometry Plans, Grading and Drainage Plans, Pavement Markings and Signage Plans, Typical Sections, and Details. As part of the roadway reconstruction, HAKS has designed a 4 inch diameter domestic water service line, which serves a drinking fountain near the canoe launch area. Due to the site constraints, 550 linear feet of the water service line is designed to be placed via horizontal drilling under the protected wetlands. In addition, PROS directed HAKS to provide design alternatives for the entrance roadway, K pedestrian sidewalk, and parking area for the future dog park at the eastern most point of the SW Guadalajara Street. HAKS has provided three different alternatives with cost estimates. Final , alternative included 15 feet wide roadway with nine r4,52: parallel parking spaces, including two ADA.Also a -u- cul-de-sac was designed at the end of the roadway " to provide a safe turnaround for the vehicles. 911 HAKS obtained permits from City of Coral Gables, - -- Miami-Dade County Department of Regulatory and Economic Resources, and the South Florida Water Management District. Client:Miami-Dade County, Department of Parks, Reference: Roger Baptiste, P.E. Recreation and Open Spaces Project Manager Location:Coral Gables, Miami-Dade County 305-755-7805 Construction Cost:$0.6 million i HAKS DESIGN AND VALUE ENGINEERING SERVICES S; AT THE BAY FRONT PARK � r `¢ - HOIUI STEAD, M I- A E COUNTY HAKS has been retained by the Miami-Dade County Department of Parks, Recreation, and Open Spaces (PROS) to provide design and value { f t engineering services to evaluate the condition of the existing fire suppression system, and prepare are s, alternatives to the existing system that would be more reliable, reduce maintenance and operating w costs, and require a less cumbersome infrastructure. HAKS scope of services also ti_ — included preparing cost estimates for alternatives, ' ,;. including project costs and relative lifecycle costs for each alternative. I - � PROS continued to have maintenance issues with the existing fire suppression system at Homestead Bayfront Park and would like to replace this aging system with a more reliable fire suppression system supplied directly from the public water source. The existing fire suppression system was comprised of 2 separate supplies. The primary system was a self-contained private system that is not connected to the public water supply system and is dependent on three existing ground water pumping systems.The secondary system consists of 2 hydrants supplied directly from the public water supply. HAKS scope of services included: • Prepared alternatives for providing the park fire suppression system • Prepared cost estimates for the various alternatives • Prepared cost-benefit analysis for the various alternatives Upon completion of the cost estimates, value . d engineering, and the cost-benefit analysis, HAKS ., has provided Miami-Dade County PROS with an fi '• engineering report to summarize findings, and fir r scored each alternative in the categories of Initial • Capital Cost, Operation and Maintenance, and Long vv,11041• .<.. ,,V 1.,. s Term Outlook. Based upon the findings, HAKS had recommended an alternative which best addressed the technical objectives of the project to reduce maintenance and operating costs, and required a less cumbersome infrastructure. Client:Miami-Dade County, Department of Parks, Reference: Roger Baptiste, P.E. Recreation and Open Spaces Project Manager Location:Homestead, Miami-Dade County 305-755-7805 Construction Cost:$2.5 million HAKS RECONSTRUCTION OF THE 400 METER STANDARD TRACK AT THE GWEN CHERY PARK LIBERTY CITY, MIAMI-DADE COUNTY HAKS has been retained by the Miami-Dade County Department of Parks, Recreation, and Open Spaces(PROS)to provide engineering and construction management services for rehabilitation of the 400 meter Standard Track within Gwen Cherry Park, located in Miami-Dade County. The pavement of the athletic track has 411-4= undergone significant distress with major reflective cracks, both transversal and longitudinal at various locations. HAKS performed field investigations and geotechnical explorations, and determined that the main = = cause of the pavement distress is the differential settlement within the underlying unsuitable stratum. In addition, geometric analysis was performed to analyze existing longitudinal and cross slopes; which concluded that the pavement distress had resulted in the track with a non-compliant surface for any regulated competitive events. # HAKS has performed design and value engineering to identify 3 different improvement alternatives; as well as provided benefit-cost analysis to PROS Project Managers and decision makers to aid them in evaluating and comparing the alternatives as listed below: • Alternative 1: Localized full depth pavement > ,r. `'. repair with ground improvement, high-risk of reoccurrence at other locations, non- compliant surface remains, Cost:$100k • Alternative 2: Localized full depth pavement repair with ground improvement, and asphalt resurfacing, high-risk of reoccurrence at other locations, compliant surface with NCAA, Cost: $250k • Alternative 3: Full reconstruction of the pavement with removal of unsuitable stratum, minimum-risk of reoccurrence, compliant surface with NCAA, Cost:$1.1 mil. Client:Miami-Dade County,Department of Parks, Reference: Roger Baptiste, P.E. Recreation and Open Spaces Project Manager Location:Liberty City,Miami-Dade County 305-755-7805 Construction Cost:$1.1 million `x. HAKS INDEFINITE QUANTITY CM/CI SERVICES FOR SUPERSTORM SANDY-RELATED REPAIR AND RESILIENCY PROJECTS FOR MTA NYC TRANSIT HAKS is providing Construction Management \ services which includes Constructability, Cost Estimating, and Value Engineering for ip Superstorm Sandy-related repair and resiliency _ projects as well as miscellaneous construction FF projects to the MTA New York City Transit to p 1 Y protect the vulnerable right-of-way, subway '' _� stations, tunnels, storage yards, shops and depots from future storms and flooding caused Y" by severe weather such as hurricanes. These services will be provided for pre-construction, construction and contract closeout on an as-needed basis under a five- year indefinite quantity contract. Major projects under this"Fix and Fortify"contract include: • Right-of-Way including safeguarding track,signals, substations, communications and power equipment. • Station Protection,which involves such work as deployable mechanical stair covers and raised entrances, watertight equipment rooms, and raised or relocated lighting, HVAC systems, fare collection systems, vents and manholes and elevators and escalators. • Tunnel Protection including portal protection such as flood walls,tunnel barriers and retaining walls,water- filled cofferdams and relocation of equipment and fan plants. • Shops,Yards and Depots repairs including installation of alternative perimeter protection systems. As NYCT's representative, HAKS is responsible for the entire construction process, providing constructability reviews, cost analysis, value engineering and analysis to determine the best alternative to ensure } delivery of each task order on schedule and x 4. within budget. , For each task order assignment, HAKS designates a Project Manager and Project 9 1 9 ';* `' - Engineer who is responsible for the day-to- day management of the project. They are assisted by project control personnel, inspectors and augmented with specialized service staff as needed. Client: MTA New York City Transit Reference: Senker Chakrsborty, P.E. Location: New York City Construction Manager Construction Cost: $58.3 million (Est.) 646-252-4182 „ „, IHAKS CONSTRUCTION MANAGER AS AGENT SERVICES FOR NYCHA, CONEY ISLAND HOUSES BROOKLYN, NY HAKS is serving as Construction Manager as Agent for$108 million of comprehensive repairs and upgrades for the Coney Island Houses development under the Superstorm Sandy Recovery Program. Constructability Review, Cost Estimating and Analysis,Value Engineering and Analysis is a big part of HAKS'undertaking for this contract. The Coney Island Houses development in Brooklyn, completed January 31, 1957, consists of five 14-story buildings with 535 apartments housing approximately 1,398 tenants.The borders of the 6.86-acre site are West 29th and West 32nd Streets, Surf Avenue and Riegelmann Boardwalk(see diagram below). The general scope of construction includes the following: • Flood-proofing above base flood elevation to protect building envelopes in flood-prone areas • Installation of backup generators with associated electrical equipment and new natural gas piping to maintain electricity during power outages • Removal and replacement of damaged submerged site-wide underground conduits,feeders and site lighting • Replacement and relocation of the equipment and systems above the �c` design flood elevation as follows: damaged boilers (in a new boiler plant); { s mechanical equipment associated with the boiler and hot water systems; 4;! damaged electrical distribution systems;and affected electrical equipment • Restoration of the site to pre-disaster conditions e.g., walkways, play - ;, areas,fencing and parking areas I LA: . � � ••i r K' a "r_ .4 "”` '9 i r� _ rrr .` U V _...+.—:. .+at .. _.. O . ...+., ,....-ems 7 7 o 1 t' ,_ \ . r' ' � w 46:,„:.v • a ., j ' .--- U i 0 .),-,! ,r" _„,..., -;.7,,,m,.,, .nVM.a AMA• ,M 9•! Client:New York City Housing Authority Reference: Michael Rosen, Location:Brooklyn, New York Vice President. NYCHA Capital Projects Construction Cost:$108 million 212-306-8824 Aiiiiimia i HAKS rsN CONSTRUCTION MANAGEMENT AND RESIDENT ENGINEERING INSPECTION SERVICES FOR RECONSTRUCTION OF WORTH STREET FOR NEW YORK CITY DEPARTMENT OF DESIGN AND CONSTRUCTION ' ` , ; HAKS will be providing Construction I t '�'° — Management and Resident Engineering ^ d EiR� O Inspection Services to the New York City ' „s ►t Department of Design and Construction till ,,T Iit t'' \ (NYCDDC) for the reconstruction of Worth Street r► =i tiP �,,' r; -'":, from Hudson Street in TriBeCa to Chatham ''''-L,'., - _ �,;- � fi��,..,L' Square in Chinatown. , .• �; i H , _:! `1 1 One of the major responsibility of HAKS for this,ii i-i..1.• I ,Ma-' ► ,°-,' ri. project is providing Constructability Reviews.mio 1. . dry . . P . ---r44.7.7---- „ 1 HAKS is helping to decrease the likehood of t ""'"�"° flawed bids and significant change orders due to --E..„...___ _ - , , ---- .', ° '`-` - incomplete or uncoordinated construction documents with bringing very experienced set of eyes to identify problems and/or conflicts in New York City's very busy infrastructure The project includes major upgrades of aged trunk and distribution water mains, storm sewers and underground utilities and tree mitigation as well as community outreach during the reconstruction of approximately one mile of Lower Manhattan's congested streets.The project includes installation of 48-inch and 36-inch steel trunk water mains and rehabilitation of existing combined sewers. It also calls for relocation/upgrading of underground utilities (Con Ed, Energy Curtailment Specialists, NYC Transit and Time Warner Cable). New infrastructure using state-of-the-art fiber- optic technology will be installed in order to upgrade the systems and to address future demands. Other critical elements include: „et. '",: * ,•... / • Performing extensive test pits at numerous locations to , • ;•` w ..:: ", evaluate the condition/location of underground facilities 4. :; :, •, _ with respect to the water main geometry. =' ... '" � • Coordinating with other project representatives through 17_ t S,". ^ �' s LMCC (Lower Manhattan Command Center). 1 .0. .7.• ;` =j • Assurance of site safety, MPT (Maintenance and a. . - =!olio •n ,,,,,,4_ Protection of Traffic) and providing advance y „-.-_ m :e_ _1.. t -ft,* construction notices to the community. • Implementing a state-of-the-art MIS for NYCDDC and project team members. . The project will be completed with new roadway, curbs, ° ,. sidewalk,street lights and traffic signals. Client: New York City Department of Reference: Sharam laromi Design and Construction Borough Director, NYCDDC Location: New York, NY 917-417-6790 Construction Cost:$50 million i VJ w X 21( W Z a' U d Li d P w 0 o ill Q C C7 m Q y 0 �"' Q U N•°c2D C E � W vi o ON N 0 ' m J i V fite sc'-o Or > W Y °c3 N U U Q 0 i ' =a E N •� U �'� co Q Ew o Q c E cr)—; O N .c_N CO =u LIJ Ce W IZ = W CC U D c i 2�0-w m d 5 1— cn CU w W Z w U re p W N a CA wa i- Q ai Q J u. = W _1 m° ZQ co M u) cts p 1- co o - W M H N V co CC 3= H a W Q W W 0 W U CO _ IZ Ce - J ! < et LLi W Z D a CC w a a = a a) 0 a m 2 a, m <C o a N ~ Q Y a Q n c6 N Q v c cn p o m o CC 1111111 CC -1 0 -� N c co Z co w O u- v Cr ::-.1 W J�. GC ¢ a W Q W 0 Q J w D LLI K W J W N -1 J Q o Y a w t- 0 H a W H O W Q a 2 cn 0 o co J is U J W = 0 Lii LLi Q W a a W $ = W E Z a J K W N LU- NE. 1- E Z a V v) W N w o N -, J E2 sm= a M B o 1040 u) i o in ■ C MICHAEL A. S H A M M A, P.E. Project Executive EDUCATION Mr. Shamma has more than 27 years of experience in the fields of civil engineering and transportation, and is responsible for directing the daily MS,Transportation operations of HAKS' national and international offices. He has Engineering, Rensselaer successfully delivered many transportation infrastructure programs and Polytechnic Institute,Troy, projects in his accomplished career as a dynamic and diplomatic leader NY, 1999 with the highest level of integrity. BS, Civil Engineering, Rensselaer Polytechnic Mike was most recently Chief Engineer for the New York State Thruway Institute,Troy, NY, 1987 Authority/Canal Corporation. As a direct report to the Thruway PROFESSIONAL Executive Director, he led and directed the Engineering Department REGISTRATION: efforts to ensure development and delivery of a $1.5 billion multi-year capital program. This program focused on maintaining in a state of good Professional Engineer: New repair 809 bridges, 2,400 lane miles of interstate, 524 canal system miles York and 1,025 building facilities. Mike also served as a liaison to the NYSTA PROFESSIONAL Board of Directors and project management team to resolve complex AFFILIATIONS: engineering and contractual issues pertaining to the $3.9 billion New NY Adjunct Professor- (Tappan Zee) Bridge,the largest bridge project in North America. Rensselaer Polytechnic Institute Previously, in his 24-year career at the New York State Department of Transportation (NYSDOT), Mike was Region 2 Director. He was Past President- Practicing responsible for maintaining the safety and integrity of the Region's Institute of Engineering transportation system including operations, maintenance, snow and ice Past Chairman- removal, design, construction and customer, legislative and media Transportation Group, relations for the six-county Mohawk Valley Region. He also represented America Society of Civil the agency on a national level, collaborating with industry leaders on Engineers (ASCE), Mohawk- policy development and technical issues. Prior to becoming Region 2 Hudson Director, Mike was Chief Engineer for the NYSDOT Engineering Past President-ASCE, Division. He managed all activities of the Engineering Division to ensure Mohawk-Hudson delivery of a capital program in excess of$2 billion. Past Chairman-Annual Mr. Shamma is a licensed Professional Engineer in the State of New Transportation and Planning York. He has taught at and holds a Bachelor of Science in Civil Symposium Engineering and a Master of Engineering in Transportation Engineering Charter Member-American from Rensselaer Polytechnic Institute in Troy,New York. Society of Highway Engineers (ASHE), Central Mike is Past President of the Practicing Institute of Engineering; Past NY Section Chair-man of the Transportation Group, American Society of Civil Vice Chairman -AASHTO Engineers (ASCE), Mohawk-Hudson; Past President of ASCE, Mohawk- Technology Implementation Hudson; and Past Chairman of the Annual Transportation and Planning Group Symposium. • New York State Thruway Authority/Canal Corporation/New NY Bridge Project,Albany, NY. Chief Engineer- As a direct report to the Thruway Executive Director, lead and direct the Authority's! Corporation's Engineering Department of 160 professional staff to ensure development and delivery of a $1.5 billion multi-year capital program, focused on maintaining in a state of good repair 809 bridges, 2,400 lane miles of interstate, 524 canal system miles and associated structures, and 1,025 building facilities; Develop and implement a comprehensive Asset Management system to efficiently and effectively direct capital investments for aging infrastructure; Identify and execute strategies to reduce engineering and IHAKS construction inspection cost; Represent and provide counsel to the Executive Director, and ombudsman between the Authority's Board of Directors and project management team to resolve complex engineering and contractual issues pertaining to the $3.9 billion New NY (Tappan Zee) Bridge project,the largest bridge project in North America; Cultivate and maintain relationships with pertinent governmental agencies, external transp01tation partners, legislators, and civil groups and represent Executive Director to same as appropriate; Collaborate with Authority colleagues to strengthen the organization's focus and structure, identify short/long term challenges and appropriate solutions while optimizing efficiencies and maximizing revenues. (May 2012-2015) • New York State Department of Transportation (NYSDOT), Utica, NY. Region 2 Director- As a direct report to the Commissioner of Transportation was responsible for maintaining safety and integrity of the Region's transportation system including operation, maintenance, snow and ice removal, design, construction, and customer, legislative and media relations for Mohawk Valley Region, a six-county area comprised of 2,800 lane miles of state highway, 790 bridges, and other significant infrastructure; Represented the agency on a national level with industry leaders on policy development and technical issues; Represented the agency on challenging issues involving competing interests such as highway signs in the Adirondack and Catskill Parks; Served as Vice Chairman of the American Association of State Highway and Transportation Officials Technology Implementation Group. (June 2007-May 2012) • NYSDOT Engineering Division, Albany, NY. Chief Engineer - As a direct report to the Commissioner of Transportation, led, managed, and directed all activities of the Engineering Division (ED) to ensure delivery of a capital program in excess of$2 billion; Interfaced with colleagues to establish framework and strategy consistent with providing a seamless transportation system, within New York State, by strengthening focus on ED's core mission/critical activities and developing innovative application of ED's diminishing resources; Fostered and facilitated healthy, continual dialog with internal Division leadership to develop long-term statewide transportation strategic goals; Led an exhaustive effO l i to define and articulate ED's short/long-term challenges and worked closely with team to develop an evolving solution matrix; Collaborated with external transportation entities to enhance and enrich successful partnerships. (August 2006-June 2007) • NYSDOT Engineering Division, Syracuse, NY. Regional Design Engineer - Led and directed a professional staff of 100 in successfully executing and delivering a $7 5 million Regional capital program; Provided leadership to staff in management of Region's Structures Safety Assurance Program; Represented Department before constituent groups, news media, and community members in public information forums; Developed innovative methodologies to optimize utilization of resources by applying unique set of global organizational insights, comprehension of corporate goals, and leadership skills acquired during tenure as Assistant to the Chief Engineer during a time of departmental transformation. (January 2006-August 2006) • NYSDOT Engineering Division, Albany, NY. Junior Engineer- Civil Engineer V - Served in a variety of progressively responsible titles and positions culminating in service as Chief of Staff to the Chief Engineer. In that capacity coordinated and oversaw all activities of Engineering Division including management of consultant and operating budget in excess of $400 million; Assisted in evaluating overall program needs, establishing priorities for resource application, and resolving interdivisional/Region-Main Office conflicts to ensure productive, orderly work flow; Coordinated activities of ED components with other Departmental units, State agencies, local jurisdictions, and Federal agencies; Represented Chief Engineer at forums (internal and external) involving sensitive or policy related matters. IHAKS JOSE (JOE) L. GOMEZ, P.E. Project Manager Education Summary of Experience BS, Civil Engineering Mr. Gomez has over 37 years of diverse civil engineering, Technology (CET), transportation planning, design and construction experience including Florida International providing cost estimating, risk/value analysis and value engineering University (FIU) 1981 studies. He has managed and directed large-scale transportation studies including major multi-level interchanges, arterial corridors and bridge AA, Pre Engineering- replacements. Mr. Gomez is also a construction dispute resolution Miami Dade College (MDC) 1977 expert having served on several Dispute Review Boards (DRBs) for FDOT and MDX. In addition Mr. Gomez has significant experience Professional in the areas of public and community involvement, inter-agency Registration coordination and traffic management systems. He is responsible for PE, Civil Engineering, primary client contact, scope development and contract negotiations Florida, No. 35526, 1985 and strategic planning. Some of the projects for which Mr. Gomez has conducted professional engineering services include: FDOT Advanced MOT Certification No. 5653 • Senior Project Manager - I-395/SR 836 (from Midtown Interchange/I-95 to US 41/SR AlA MacArthur Causeway Bridge), FDOT CTQP Miami-Dade County, Florida for FDOT D6. The 1-395 Corridor QC Manager Improvements which include developing, 30% plans and criteria package, constructability reviews, cost estimates including Awards Cost/Schedule Risk Analysis pursuant to FHWA requirements for the Jay W. Brown Award for project. Project also includes significant infrastructure improvement Outstanding Managerial around the project area as well major stakeholder coordination. (June and Leadership Abilities, 2011-to Present) FDOT 1991 o Client: Florida Department of Transportation, District 6 Distinguished Alumni, "1 o Client Contact: Raul Quintela, PE, Project Manager 305-470-5117 am MDC", Miami Dade o Client Email: raul.quintela @dot.state.fl.us College, 2002, 2012 o Term of Service: June 2011 -January 2015 Professional • Project Manager and Engineer of Record - SR 5/US 1 Overseas Organizations Highway (from MM 93 to MM 97), Tavernier, Florida for 4 miles of Construction US 1 in the Florida Keys for FDOT D6. The project includes milling Management Association and resurfacing, improving shoulders,adding drainage and the addition of America (CMAA), of a new northbound 10 ft. wide emergency shoulder. Provided cost Member estimating services at 30/60/90/100 % phases and constructability review at 60% phase. Included support during construction phase. Florida Engineering (April 2007-June 2009) Society- President for o Client: Florida Department of Transportation, District 6 2007/2008, Miami o Client Contact: Christopher Tavella, PE, District Design Engineer Chapter Tel: 305-470-5103 o Client Email: chris.tavella a dot.state.fl.us American Society of Civil o Term of Service: April 2007-June 2009 Engineers (ASCE), Member 1HAKS • Project Manager and Engineer of Record - SR 5/US 1 Overseas Highway (from MM 103 to MM 106), Key Largo, Florida for 3 miles of US 1 in the Florida Keys for FDOT D6. The project includes milling and resurfacing, improving shoulders, adding drainage and the addition of a new northbound 10 ft. wide emergency shoulder. Provided cost estimating services at 30/60/90/100 % phases and constructability review at 60% phase. Included support during construction phase. o Client: Florida Department of Transportation, District 6 o Client Contact: Christopher Tavella, PE, District Design Engineer 305-470-5103 o Client Email: chris.tavella @dot.state.fl.us o Term of Service: April 2007-June 2009 • Project Manager and Engineer of Record - SR 5/US 1 Brickell Avenue (from SE 25th Road to SE 5th Street), Miami, Florida for 1.8 miles of Brickell Avenue in the Downtown Brickell area for FDOT D6 Consultant Management. The project includes concrete pavement replacement, milling and resurfacing of existing flexible pavement and a new state-of-the-art drainage pump station to relieve existing flooding at the intersection of Coral Way and Brickell Avenue.Provided cost estimating services at 30/60/90/100%plans and constructability review at 60%. o Client: Florida Department of Transportation, District 6 o Client Contact: Jason Chang, PE, Senior Project Manager Tel: 305-470-5331 o Client Email:jason.chanfz a dot.state.fl.us o Term of Service: June 2007-June 2009 • Project Manager and Engineer of Record - NW 2nd Street (from NW 24th Avenue to NW 22nd Avenue), Miami, Florida for 0.8 miles of NW 2nd Street for the City of Miami Office of Capital Improvements. The project includes milling and resurfacing, improving drainage swales using pervious concrete and landscaping. Project included cost estimating at 60/100%phases and constructability review at 60%phase. o Client: City of Miami, Department of Capital Improvements o Client Contact: John De Pazos, Project Manager Tel: 305-416-1094 o Client Email:jdepazos @miamigov.com o Term of Service: June 2008-May 2009 • Project Manager and Engineer of Record - NW 1st Street (from NW 27th Avenue to NW 22nd Avenue), Miami, Florida for 1.2 miles of NW 1st Street for the City of Miami Office of Capital Improvements. The project includes reconstruction of 500 feet, milling and resurfacing, improving drainage swales using pervious concrete and landscaping. (June 2008-May 2009) o Client: City of Miami, Department of Capital Improvements o Client Contact: John De Pazos, Project Manager Tel: 305-416-1094 o Client Email:jdepazos@miamigov.com o Term of Service: June 2008-May 2009 IHAKS • Project Manager- La Gorce Neighborhood Right-of-Way Improvements, Miami Beach, Florida for the City of Miami Beach Office of Capital Improvements. Provide urban planning, traffic analysis and traffic calming, roadway and infrastructure design, cost estimating at 30/60/100%phases, constructability reviews, value engineering and prepare Basis of Design Report(BODR). o Client: City of Miami Beach, Department of Capital Improvements o Client Contact: Charlie Carreno, PE , Deputy CIP Program Manager Tel: 786-615-2943 o Client Email: ccarreno @urvanx.com o Term of Service: April 2001-August 2003 • Project Manager - Nautilus Neighborhood Right-of-Way Improvements, Miami Beach, Florida for the City of Miami Beach Office of Capital Improvements. A $10 million, 24 month capital improvement to provide urban planning,traffic analysis and traffic calming, roadway and infrastructure design cost estimating at 30/60/100 %phases, constructability reviews, value engineering and prepare Basis of Design Report(BODR). o Client: City of Miami Beach, Department of Capital Improvements o Client Contact: Charlie Carreno, PE , Deputy CIP Program Manager Tel: 786-615-2943 o Client Email: ccarreno @urvanx.com o Term of Service: May 2001-August 2003 • This page left blank intentionally IHAKS ALBERTO VILLAMAN, P.E. Q,/QC Education Summary of Experience Bachelor of Science,Civil Engineering,Columbia Mr. Villaman oversees HAKS's infrastructure projects, including University,NY, 1989 streets, highways, bridges, tunnels, dams, water and sewer lines, Professional and utility infrastructure. With more than 25 years of experience, Registration Mr. Villaman has served in the positions of principal-in-charge, Professional Engineer—New project executive, project manager, construction manager, and York 1995,#072715-1; resident engineer since joining the firm in 2000. His award- Connecticut winnin projects include the $122 million rehabilitation of the New 7;N ew Jersey New winning p � #PEN.0027897; 2011,#24GE04898100; Croton Aqueduct for NYCDEP, which received the 2012 ACEC Maryland 201I,#40305; New York Diamond Award, and the $175 million design-build Washington,D.C.2011, rehabilitation of the St. George Ferry Terminal in Staten Island for #PE90628I;Pennsylvania 2011, #PE079214;Massachusetts NYCDOT, recipient of the 2013 ASCE-Met Design-Build Project 2012,#49689 of the Year Award and the 2012 Municipal Engineers of New York Florida,2015,#78680 Project of the Year Award. Licenses and Certifications Mr. Villaman is also leading resident engineering inspection OSHA 30-Hour Occupational services for the $40 million electrical renovation of the Brooklyn Safety and Health Standards, Battery Tunnel for MTA Bridges and Tunnels; the $600 million 2002 Gilboa Dam Reconstruction, the $176 million activation of the OSHA Confined Space Third Water Tunnel, and the $21 million interconnection of the Awareness,2008 Catskill-Delaware Aqueducts at Shaft 4, all for NYCDEP; the $213 Concrete Strengthening million Phase II of the Gowanus Expressway deck replacement for Techniques&Design Considerations Seminar—4 of NYSDOT; the $80 million Catenary Replacement on the New Credits AIA/CES Learning Units, Haven Main Line for ConnDOT; the $28 million South Brooklyn 2008 Marine Terminal Infrastructure Rehabilitation for NYCEDC; and Training in Contract Control the $10 million Fulton Street Improvement project for NYCDDC, using Primavera Expedition 7.5, among others. Mr. Villaman is also overseeing the firm's 2002 construction inspection work for several DC Water Clean Rivers Training in Contract Act projects and the firm's safety consultancy services for the Management using Primavera p y y Expedition 7.5,2002 construction of 18 highway projects for the National Highway FHWA/NHI Course-Design Authority of India. and Operation of Work Zone Traffic Control;Hot Mix Prior to joining HAKS, Mr. Villaman served as Engineer-in- Asphalt Construction;Bridge Charge for NYSDOT. He is a licensed professional engineer in six Painting Inspection;Superpave for the Generalist Engineer and states and the District of Columbia. He graduated Columbia Project Staff;Stream Stability University with a B.S. in Civil Engineering. and Scour at Highway Bridges; Engineering Concepts for Bridge Inspection Representative projects follow: Memberships American Society of Civil • Principal-in-Charge — NYCDEP CAT-DEL Aqueduct Engineers(ASCE) Interconnection Construction Management, New Paltz, American Council of NY. HAKS is managing a $22 million project to Engineering(ACEC) interconnect flow from the open channel Catskill Aqueduct Society of American Military with the pressurized Delaware Aqueduct. Major project Engineers(SAME) elements will include installation of a reinforced concrete The New York State Society of flow/pressure control structure; distribution header; Professional Engineers,Inc. (NYSSPE) 1HAKS chambers for transferring flow between the Delaware and Catskill Aqueducts; and buried 72- and 48-inch-diameter piping. The installations will require controls and instrumentation for mechanical process, electrical and HVAC work. Construction Cost $22 million. (06/11 —present) • Principal-in-Charge — NYCDEP TCM-52, Third City Water Tunnel. Principal-in- Charge for HAKS's joint venture construction management services for the final construction phase of the 8.5-mile Manhattan leg of the $5 billion new tunnel, which will provide critical redundancy for the city's water supply. Once operational, the 600-foot- deep, 60-mile tunnel will deliver 1.3 billion gallons of water daily, allowing Tunnels No. 1 and 2 to be inspected and repaired for the first time since they were put into service in 1917 and 1936, respectively. Construction Cost$176 million. (2009—2013) • Principal-in-Charge — NYCDDC Reconstruction of Broadway Phase I, Lower Manhattan. Principal-in-Charge for the replacement of aged water mains, sewers, street lights, traffic signals and utilities on Broadway from Ann to Rector Streets, and to construct a new roadway with sidewalks, curbs and more. Key issues addressed include: Improved Project Management Systems; Technical/Construction Factors; Safety and Maintenance and Protection of Traffic; and Community Concerns. Construction Cost $41.7 million. (08/13 —present) • Project Executive — NYCDDC Reconstruction of Eastern Parkway, Brooklyn. Replacement of 12"and 20" distribution water mains and 36" and 48" trunk water mains, complete with apparatus and valve chambers. Installation of 15" ESVP and 16" DIP combined sewers, complete with catch basins and chute connections. Installation of new granite curb, concrete sidewalk, 7' early concrete roadway base, and 3' asphalt concrete wearing course. Installation of new street lighting, traffic signal, and street name signs. Upgrading/widening the median to include new green area, walkway and bike lane. (9/10—3/13) • Project Executive — NYCDDC Paulding Avenue Reconstruction Phase II, Bronx. The $29 million project in the Williamsbridge section will replace distribution and trunk water mains and sewers, reconstruct curbs and sidewalks, and rehabilitate roadways. Work began in April 2010 and is expected to end in the spring of 2012. (4/10—6/13) • Project Executive — NYCDDC Fulton Street Reconstruction Phase II. The project includes the installation of water mains, sewers, catch basins. Installation of underground utilities (Con Ed, ECS, cable and communications) through a joint bid contract to eliminate delays due to conflicts between reconstruction work and utility interferences. Construction Cost$28 million. (1/09— 12/13) • Assistant Project Manager — NYSTA Rehabilitation of Mainline Bridge over the Saw Mill River Parkway - Stage 1 Construction. Milling and paving adjacent highway sections, drainage improvements between northbound mainline and northbound on-ramp. Construction Cost$15 million. (11/05 — 1/06) Don H. Stafford, PE, CVS®-Life, FSAVE, CTM - Page 1 Don Stafford is a founding partner in Robinson,Stafford&Rude,Inc.(RSRI). BS, Civil Engineering Don's career includes more than 45 years of experience in the planning, management,design,value Georgia Tech engineering(VE)and construction of public and private capital projects across North America. Registrations/Certifications His 30 years of value management,value analysis and value engineering study experience includes Professional Engineer— more than 350 VE studies on a very wide variety of project types. Complementing his VE FL, GA, MS, 1VC, NH, NJ, experience is 16 years of additional experience in planning, management, design and construction OR, TX, WA, WI, VA of civil works projects. Certified Value Specialist- He is a registered civil engineer in II states and a Life-Certified, Certified Value Specialist (the Life Certified highest level of certification in VE). CTNf, Toastmasters Don's employment experience includes working for public agencies (owners), designers, value International engineers and contractors,giving him an unusually broad range of project perspectives. SAVE, International, - Don's diverse VE study experience includes highway, rail and water transportation systems; water Fellow,former VP and wastewater conveyance, storage and treatment facilities; drainage, dam and flood control Education, Director, facilities; environmental projects and various buildings, as well as more unusual projects. He has Certification Board conducted VE studies on projects and programs with capital costs ranging to$2 billion. Member The true measure of his capability, however, is his record of savings for his past VE clients. His American Society of Civil VE studies have averaged owner-accepted savings in excess of four times the VE industry average. Engineers-Member He is also experienced in the application of VE to the improvement of business systems and Water Environment procedures, including purchasing processes, capital project management systems, revenue Federation—Member enhancement programs,and record management systems and others. Project Management Don is also expert at facilitating workshops of other types, including constructability reviews, Institute-Member alternatives analysis workshops, risk assessment workshops, decision-making workshops, planning International Association workshops,peer reviews,and project initiation workshops. of Facilitators—Member Finally,he is in demand as an instructor in the VE processes. Examples of his experience follow: Years Experience—47 Water Treatment Plant Reverse Osmosis Expansion-Florida Keys Aqueduct Authority-Florida City, FL-VE study of a$9.5 million expansion of the J.Robert Dean Water Treatment Plant using reverse osmosis (RO) membrane technology to treat Floridian Aquifer brackish groundwater supply. The RO product water will be combined with existing lime softening plant product and cartridge-filtered Biscayne Aquifer RO bypass water. The blended product water will receive chemical addition and be transferred to existing finished water storage facilities and pumped to distribution with existing high service pumps. Biscayne Bay Coastal Wetlands Improvement Project - South Florida Water Management District- West Palm Beach, FL - VE study of a project to improve the salinity and hydrologic environment of three coastal wetlands areas along Biscayne Bay in Southeast Florida. The project included pump stations, canals, drainage structures, culverts, gate structures, and a constructed artificial wetland. The project will take stormwater from existing canals, and distribute it so that it will flow across existing marine wetlands to partially restore the salinity regimes in the wetlands that existed prior to human development. East Water Reclamation Plant—City of Fort Myers-Fort Myers, FL VE study on a new 4 mgd, $116 million water reclamation plant for the City of Fort Myers to be constructed on 106 acres of a 150-acre City-owned site,partially underlain by a former unregulated landfill. The treatment process consists of influent pumping, fine screening, grit removal, scum, oil and grease removal,a moving bed bioreactor(MBBR) biological treatment system,a DAF solids removal system,a filtration system, effluent chlorination and an effluent pumping system. Waste solids will be centrifuged and hauled offsite for disposal. Also included are two 4-million reject water tanks, and two 5-million reclaimed water tanks, two reclaimed water rejection wells and influent sewer and effluent reclaimed water pipeline. Facilities also include a number of public amenities on the site, including hiking/biking trails,a public exhibit/meeting space and open park space.Owner-accepted life cycle savings were$5 million. Norwood Oeffler Water Treatment Plant—City of North Miami Beach-North Miami Beach,FL VE study of the expansion of the Norwood Oeffler Water Treatment Plant from 17 mgd to 31 mgd, with the capability for later expansion to 42.5 mgd. The project will add an 8 mgd nanofiltration (NF) system and a 6 mgd reverse osmosis (RO) system to the existing 15 mgd lime softening plant. An additional 2 mgd of blending flow will come from filtered raw water. The NF system will treat water from the Biscayne Aquifer and the RO system will treat water from the Floridian Aquifer. The existing lime softening system will also be improved. Existing finished water tanks will be demolished and a new 5 MG ground storage tank will be built, along with expanded high service pumping. A centrate injection well will also be constructed.. A new plant administration building will be constructed for plant staff and department engineering staff. Accepted present worth savings totaled over$8 million. Don H. Stafford, PE, CVS -Life, FSAVE, CTM - Page 2 Lakeside Ranch Stormwater Treatment Area-South Florida Water Management District- West Palm Beach, FL - VE study of a$115 million, 2700-acre multi-train, multi-cell, constructed wetlands stormwater treatment facility to be constructed as a part of the Comprehensive Everglades Restoration Program. The facility will remove phosphorus from stormwater runoff prior to discharge to Lake Okeechobee. The project included a 500 CFS and a 610 CFS stormwater pump station. Owner-accepted savings totaled$4.1 million. The completed project won a 2014 grand Award from the Florida Institute of Consulting Engineers. Biscayne Bay Coastal Wetlands Improvement Project-South Florida Water Management District- West Palm Beach, FL - VE study of a project to improve the salinity and hydrologic environment of three coastal wetlands areas along Biscayne Bay in Southeast Florida. The project included pump stations, canals, drainage structures, culverts, gate structures, and a constructed artificial wetland. The project will take stormwater from existing canals, and distribute it so that it will flow across existing marine wetlands to partially restore the salinity regimes in the wetlands that existed prior to human development. Wekiva Parkway/SR 46 Realignment—Florida DOT-Lake and Seminole Counties, FL VE study of the portions of the planned $1.1 billion construction of the Wekiva Parkway and realignment of SR 46 from the intersection of SR 46 and SR 500/US 441 I-4 in Lake County to the intersection of SR 417 and I-4 in Seminole County. The project looked at the road widening and realignment to minimize ROW purchase, improve functions, and improve wildlife protection goals and estuary preservation. The completed Wekiva Parkway won a 2014 Grand Award from the Florida Institute of Consulting Engineers Widening of State Road 483—Florida DOT- Volusia County,FL VE study of a project to widen an existing four lane urban arterial highway to six lanes. Included in the project was the addition of sidewalks and bike lanes on both sides,plus the creation of a median in this currently undivided arterial. Because of the major widening to the cross-section,the project required extensive right of way acquisition. Also included were intersection improvements at the crossings of two other major 6-lane arterials. Freedom Park — Collier County - Collier County, FL - VE study of a passive water quality park. The plan included a new, multi-cell constructed wetlands treatment system for urban runoff and a designated natural wetlands. The park included an educational building, restrooms, wood pavilions, parking and several thousand feet of trail and boardwalk. The project was reviewed following receipt of bids. Owner-accepted savings totaled$600,000 on this$9.9 million project. Aircraft Carrier Homeport Dredging Plan Naval Station- U.S. Navy- Puget Sound, Everett, WA-VE study of dredging plan for new homeport facilities for Nimitz-class aircraft carrier battle group. Dredging approach was complicated by contaminated sediments from industrial operations in the area,space restrictions,and limited locations for disposal of contaminated sediments. Forensic DNA Laboratory—New York City-New York,NY- VE study for a state of the art, 300,000 sq foot forensic DNA laboratory facility for use by the New York City Medical Examiner and the Police department. The Facility incorporates extensive use of robotics and computers and will house a staff or approximately 500. Also a part of the building is an Emergency Medical Services station for the City. Remsen Ave Maintenance Yard Reconstruction—New York City-New York,NY VE study of a replacement crew operations center for water and sewer line maintenance. The $38 million project involved demolition and replacement of an existing operations and warehouse building,construction of a new garage building and reconfiguration of maintenance yard operations,all while the facility operations continue. The new facility was to achieve a LEED Silver certification. The majority of the new yard was to be covered with a complex glass roof incorporating photovoltaic cells. Accepted savings totaled over$8 million. Tucson Airport Soils Remediation Project— Tucson Airport Authority- Tucson,AZ- VE study of facilities to remove volatile solvent contaminants from the soil and shallow groundwater zone in an area of the airport used for aircraft maintenance during World War II. The proposed systems included a number of soil vapor and groundwater extraction wells, and a groundwater treatment and vapor extraction treatment system. Collection piping crossed both a major highway and a railroad. Automation Strategy Value Analysis Workshop—City of Calgary-Calgary,AB Canada Value Analysis (VA) workshop to identify an optimized strategy for upgrading the automation systems for the City's three wastewater treatment facilities, as well as multiple associated other facilities. Included were discussions on whether or not individual plants will be operated remotely from a central control location or wireless mobile locations. The VA team involved 21 individuals from the City of Calgary Water Resources agency, in addition to five consultant specialists. Initiatives (recommendations) will result in improved flow control, higher level of automation,and better use of technology and human knowledge. Costs were not addressed during this workshop. Lake City Pond Drainage Project—Seattle Public Utilities Dept-Seattle, WA - VE study of combination stormwater detention pond/neighborhood park/wildlife refuge area on site of old WWTP in residential area of Seattle. Project involved creating artificial wetlands, fish habitat, and stream modifications to improve salmon migration, in concert with stormwater and erosion control,high school biology teaching program, local park and wildlife refuge setting,without creating nuisance conditions. Federal Courthouse—U.S. General Services Administration-Jefferson City,MO-VE study of a proposed new four-story,$58 million, 11,000 square meter (118,000 SF) federal courthouse in Jefferson City, MO. The facility will include two US District courtrooms, two US Magistrate courtrooms, a Grand Jury Suite, US Attorney offices, US Marshals offices, a US Bankruptcy Judge,a senator's office,a congressman's offices and the various supporting facilities for these operations. ■ H AKS F RA N C O BA LAS S O N E, P.E., CCM Constructability Reviews Task Leader Education Summary of Experience Master of Science, Civil Mr. Balassone offers 30 years of experience in the management of and Environmental construction services for high-profile, award-winning Engineering, University of transportation projects. He is currently overseeing HAKS's critical Rhode Island, 1984 construction engineering and inspection services for the $80 million Catenary Replacement on the New Haven Main Line. Bachelor of Science, Civil Previously, he led inspections for the Arrigoni Bridge Inspection and Environmental Engineering, University of and Evaluation, which received the 2012 ACEC CT Engineering Rhode Island, 1982 Excellence Award, and the inspection and evaluation of gusset plate connections on the Gold Star Bridge, which received the Professional 2011 ACEC New York Platinum Award. Some of his Registration representative projects include: Professional Engineer— Connecticut PEN. Resident Engineer - Construction of a new locomotive fueling 0017393, facility for Metro-North's Croton-Harmon Rail Yard. This multi- Delaware 17455, disciplined project included a significant soil and groundwater Florida 73481, remediation program for all work below grade, construction of a Maine 12539 new pump house and fuel island while maintaining operation of the Maryland 40185, existing facility, and decommissioning and removal of the existing Massachusetts 49114, fueling facility. As Resident Engineer he spearheaded a multi- New Hampshire 13399, discipline constructability review of the contract plans and New York 071170, specifications to correct and minimize potential problems during North Carolina 040077 construction. He also coordinated and interacted with electrical, Pennsylvania PE078902 mechanical and HVAC engineers and subcontractors to assure Rhode Island 5973, proper installation and operation of new equipment, He developed South Carolina 31774, Texas 114004, a correspondence tracking procedure and monthly report format Vermont 018.0075494, that Metro-North adopted for use as a standard on other Washington DC PE906166 construction projects. He coordinated with railroad representatives for flag protection, third rail and track outages and various force Certified Construction account activities during both construction of the new facility and Manager(CCM) 3730 demolition of the old. Actively participated in Metro-North's Safety program and assured compliance by the contractor, Certification subcontractors and suppliers, and the inspection staff. Construction OSHA 40-Hour, cost $4 million (02/96-02/97) Hazardous Waste Operations Training Resident Engineer — I-95 Reconstruction (Blue Contract) for ConnDOT Project consisted of replacing 8 highway bridges, including a major viaduct carrying I-95 over Metro-North Railroad founded on 8-foot-diameter caissons, constructing 20 new retaining walls, and reconstructing 2.5 kilometers of local roads. This included overseeing the handling and treatment of numerous environmental issues, including hazardous and contaminated soils and groundwater, as well as archeological concerns that demanded constant environmental monitoring. Responsible for construction administration, supervision of a HA.KS inspection staff, and evaluation of traffic control activities and temporary works during complete reconstruction of 1-95 from Exits 24 to 26 (2.2 km) in Bridgeport. He also reviewed protective service requirements, demolition and erection procedures, and protective shielding and safety procedures for replacement of the mainline I-95 Bridge over Metro-North Railroad. Construction Cost$132 million (02/01 —04/06) Resident Engineer — 1-95 Reconstruction (Orange Contract) for ConnDOT. Responsible for supervising inspection staff and overseeing the administration of all construction activities for the reconstruction of I-95 from Exits 26 to 27A (1.3 km), including the Route 8/25 Interchange. Seven highway bridges were replaced as part of this ambitious partnering project including a major viaduct carrying I-95 over Metro-North Railroad, founded on 8-foot-diameter drilled shafts (caissons), along with 15 new retaining walls. During this large-scale project, he supervised numerous environmental issues including handling of hazardous and contaminated soils, set-up and operation of a wastewater treatment plant for the treatment of contaminated groundwater, asbestos and lead-based paint abatement, and air and noise pollution limitations. Responsibilities also included evaluating all caisson installation activities including integrity testing, anomaly repairs and Osterberg Load testing, evaluating all temporary pier and superstructure supports, including temporary and permanent pier cap girder launching plans over the railroad and reviewing project CPM baseline schedules and updates using Primavera Project Planner(P3). Construction Cost$126 million (02/97—02/01) Resident Engineer — Annsville Creek Bridge Replacement for Metro-North Railroad. Responsible for overseeing the administration of all construction activities and supervising the inspection staff for the complete replacement of Metro-North's Hudson Line rail bridge over Annsville Creek in Peekskill,NY. Scope of work included evaluating all phases of the temporary railroad trestle and the cofferdam design, reviewing and updating CPM schedules using Primavera Project Planner (P3) to evaluate and approve progress payments to the contractor. This project required the construction of a 1,600-foot-long temporary run-around trestle to facilitate demolition and construction of the replacement bridge while maintaining uninterrupted commuter and freight rail service. All work was performed using waterborne heavy equipment and marine construction methods. More than 400 temporary 12-inch-diameter pipe piles were driven to support the trestle. The replacement bridge was constructed within dewatered cofferdams with more than 100 permanent pipe piles driven for the new foundations. Railroad work included track construction using continuously welded rail (CWR) and communication and signal relocation. This project required extensive coordination with the railroad for support services, track and power outages, and flagmen/groundmen usage. Construction Cost $13 million (1995 — 1996) Resident Engineer — Croton Point Avenue Bridge Replacement for Metro-North Railroad. Responsible for the administration of construction activities for replacement of the Croton Point Avenue Bridge in Westchester County, NY. The new bridge was a 9-span steel girder structure spanning 24 Metro-North tracks including the Hudson Line mainline, as well as shop and yard tracks servicing the Croton-Harmon Railroad Maintenance Facility. Duties included review of all work plans, and review and evaluation of CPM Baseline schedule and monthly updates. Construction Cost$9 million (1994— 1996) CURTOOM Paul Edward Curtis, CGC EDUCATION Cost Estimating Task Leader MBA-LaSalle University BS Civil Engineering-Florida A&M Paul Curtis is the founder, principal, sole University shareholder, multi-license qualifier Chief Executive Officer and President of a PROFESSIONAL REGISTRATION closely held, Construction Management, Certified Class"A"General Contractor Engineering, Services company. For the Certified Underground Utility&Excavation last 25 years, he has assumed Contractor responsibilities including soliciting Certified Pollutant Storage Systems Contractor procurement opportunities; marketing, Certified Specialty Structures Contractor Certified Senior Engineering Technician negotiating contracts, approving costing Certified Land Surveyor Technician systems before they are implemented; Florida Licensed Realtor supervising a managerial team of licensed professionals as well as manage the OTHER RELEVANT EXPERIENCE company's financial and legal affairs Tampa Bay By-Pass Canal throughout Florida. Miami Int'l Airport Parking Garage Faulkenberg Road WWTP RELEVANT WORK Faulkenberg Road Wastewater Treatment Plant Cooper City High School—Ft.Lauderdale,FL Tampa,FL Concourse C-Miami International Airport Role:Project Executive 78th Street Improvement Provide general oversight to project manager Flaming Parking Garage-Miami International in relation to construction contract for new Airport construction of entire new waste water Airside A-Miami International Airport treatment plant. Our firm worked at various phases to assist the client and construction Jan Platt Library-Tampa FL team in development of an accurate Courthouse Square-Tampa FL construction budget. By using our extensive VA Medical Center-Orlando FL historical database of cost information, we are Sun City Force Main and Pump Station able to provide you with highly precise conceptual estimates. Variance reports are City of Riveria Beach utilized throughout the budget phase to identify changes to the budget. City of Riveria Beach,Florida Role:Project Executive Provide direct oversight to our firms project managers and personnel on execution of trade scope of work. CURTIOM Bethune Elementary School, Dania Beach. FL Summerfield Elementary, Riverview, FL Role: Project Executive Role: Construction Executive Provided general oversight to project manager in Provide general oversight to project relation to performance of renovation of multiple manager in relation to construction classroom and cafeteria addition contract. contract for new construction of ancillary structures at public school. North Beach -High School. North Miami Beach. FL Jan Platt Regional Lihrav- Hillsborough Role: Construction Executive County Provided general oversight to project managers, superintendent and estimator throughout the Provided Oversight where our firm performance of remodeling and renovation performed constructability review services contract of multiple classrooms and installation of for analysis of various construction means fire alarm systems. and methods to evaluate solutions to determine impacts on project cost, Brandon Feeder Roads. schedule, function, and suitability. Assist Role: Project Executive team in development of accurate cost Provided executive oversight of our professional estimates throughout the life of the team during all of the phases of our scope of project. work to ensure efficiency and value during construction and thereafter. Our firm assessed Veterans Affairs Community Living the availability of materials, provided road Center. Orlando. FL inspectors and estimating services for roadway resurfacing and widening improvements at Provided Executive Oversight where our various intersections throughout the project firm provided estimates for project including MOT and signalization. controls contracts, site engineering and construction, estimates during entire 78th Street & 1-75 Interchange. project lifecycle. This was construction of Provided executive oversight to Senior road a new veterans affairs medical facility on inspectors and estimators for 3.8 miles of multi- a 65 acre site, involving sustainable lane improvements. Improvements consist of design. adding lanes with the existing median and general- purpose lanes to the outside in both directions, expanding the facility to a minimum of 6 lanes. 1 1HAKS JAKE OZYMAN, P.E., ENV SP Civil/Infrastructure Task Leader Education Senior Project Engineer Master of Science in Over the past 17 years, Mr. Ozyman has successfully managed Construction Management numerous infrastructure, roadway, land development and water New York University, resources projects, understanding key stakeholder/agency needs New York and requirements, meeting those needs without compromising on project goals or client budgetary and schedule requirements. Mr. Bachelor of Science in Ozyman focused on project intent; understood constraints and Engineering Yildiz Tech University, opportunities; and worked collaboratively in a multi-disciplined Istanbul environment. Continuing Education In addition to engineering design expertise, Mr. Ozyman served as Courses in Hydraulics& Senior Project Engineer on some of the most complex projects Hydrology within the Metropolitan Area with specific experience in Cornell University, New construction inspection of highway, bridge and entire street York infrastructure including new sidewalk, curb, road restoration, traffic signals, streetlights, water mains, sanitary and storm sewers, Professional and catch basins. With emphasis in project set-ups, management, Registration record keeping, quality control, material testing, closeouts, problem Licensed Professional solving, constructability reviews and estimating. Engineer in: Florida#74421 Summary of Experience New York#90288 Maryland#42815 Reconstruction of the 400m Athletic Track, Gwen Cherry Park, Chapman Field Park Access Road, Liberty City, Miami- Licenses and Dade County, FL Certifications Senior Project Engineer in charge of managing and developing EnvisionTM' Sustainability design and construction documents for the 400 meter standard Professional athletic track and its vicinity. The track's pavement has undergone significant distress with major reflective cracks, both transversal FDOT Advanced MOT and longitudinal at various locations due to differential settlement FDOT QC Manager within the underlying unsuitable stratum. The project included geotechnical engineering & analysis, geometric design & analysis, Memberships storm water modelling and drainage design, signage and striping. Board Member, Miami- Dade County Reconstruction of SW Guadalajara Street, Coral Gables, Shoreline Review Board Miami-Dade County, FL Senior Project Engineer responsible of managing and developing design and construction documents for 1 mile of SW Guadalajara Street which provides an access to the Chapman Field Park. The project included roadway geometric design, storm water modelling and drainage design, permitting with South Florida Water Management District, roundabout design, parking facility design, domestic water system with horizontal drilling, signage and striping, and Maintenance and Protection of Traffic Schemes. LI HAKS • Island Estates Drive, City of Aventura, Miami-Dade County,FL Senior Project Engineer responsible of providing engineering services to perform an analysis of existing and future vehicular and pedestrian traffic, and evaluate the need for additional pedestrian facilities at Island Estates Drive. Island Estates Drive is a 24 feet wide private local access/sub collector road, which connects North and South Island in Dumbfounding Bay to Island Boulevard in Williams Island. The project included analysis of level of service (LOS) for both the roadway and the pedestrian facilitates, existing and future traffic volumes, pedestrian facilities and their level of service (LOS). Mr. Ozyman also provided expert witness services. • Various Storm and Sanitary Sewer Connections, Manhattan, Brooklyn, Queens, Bronx, and Staten Island, NY — New York City Department of Environmental Protection Section Chief in charge of review and approval of over twelve hundred (1,200) the storm and sanitary sewer connection proposals that are subject to new Title 15 of the Rules of the City of New York, in order to reduce total discharge into combined sewer systems and ultimately minimize combined sewer overflow into water bodies. He also guided Engineering and Architecture professionals for compliance requirements with the citywide effort to better manage storm water using a variety of innovative, sustainable green infrastructure. • Various. Drainage & Sewer Projects, Manhattan, Brooklyn, Queens, Bronx, and Staten Island, NY—New York City Department of Environmental Protection Section Chief in charge of detailed review and progress of highly complex major hydraulic design and analysis of proposed projects within the five boroughs of the City of New York. Mentored and supervised a staff of approximately 30 engineers and planners during the design and construction phase. Responsible for developing and directing a transformation of the overall approach to all Storm water and Drainage initiatives as it pertains to the use of Green Infrastructure and modeling techniques. Developed and directed a work flow on moving forward the Bureau's priority projects through the Bureau, the Agency and other City Departments and develop best management practices for design and review that incorporates current construction practices. • Linden Place Extension, College Point, Queens, NY Project Engineer in charge of performing roadway and site design services for a new roadway in the College Point District in Queens. Work included roadway design, signal design, lighting design, pavement markings, sewer, water, landscape architecture, topographic survey, an extensive geotechnical study, utility survey, traffic study as well as preliminary and final design of the roadway. The geotechnical study revealed that the new roadway was to be built on organic fill and would require sub-grade consolidation. Performed both preliminary and final design and obtained all necessary approvals from affected agencies and private utility companies. Located in the vicinity of wetlands, this project also included environmental permitting and wetland delineation and mitigation. LOUIS J. AGUIRRE, P.E., LEED® AP u+ao,ti`c MEP Task Leader =. • • 11 Louis J. Aguirre, P.E. is founder and president of LOUIS J. AGUIRRE & ASSOCIATES, P.A. For the last 45 years, the firm has specialized in providing P P 9 sometimes challenging solutions to complex designs to various facility types such as healthcare, educational, municipal, industrial, commercial, private sector, hospitality, judicial, aviation, multi-family and housing complexes, telecommunication, transportation, parking garages and structures, marinas, parks, recreational, historical restoration and multiple miscellaneous contracts EDUCATION with various clients. Mr. Aguirre bears the overall responsibility for contractual performance, particularly with respect to the level of service and client Bachelor of Science satisfaction. As the design Principal of the firm, he has participated in the Electrical Engineering programming, design and supervision of installations and construction in University of Miami numerous projects of up to $150 million, where his vast knowledge is vividly 1964 portrayed. He has served numerous public and private sector clients including Miami-Dade Aviation Department, Miami-Dade Park and REGISTRATION Recreation Department, the School Board of Broward County, Baptist Hospital of Miami, Jackson Memorial Hospital and Miami-Dade County Public Schools 1968, Professional Engineer where he is currently fulfilling his third Professional Services Agreement for Florida, PE#11642 Mechanical/Electrical Engineering Services. Other continuous professional service agreements clients include but not limited to Miami-Dade Aviation 1973, Professional Engineer Department, Jackson Memorial Hospital, City of Miami, Miami-Dade College, Nevada, PE#3741 Florida International University, Broward College and numerous other entities throughout the years. He has full comprehension and understanding of the 1998,Professional Engineer State Requirements for Educational Facilities (SREF), Chapter 235 Florida Colorado, PE#32845 Statutes, Florida Building Codes and Public Approvals. AFFILIATIONS/HONORS Mr. Aguirre was the honored recipient of the award "Outstanding Consultant Engineer for. 2.007" presented by the American Institute of Architects Member of U.S.Green organization. In addition, to this award, Mr. Aguirre's designs have been Building Council LEED recognized by other entities such as Hispanic Builder's Award, ULI Vision Accredited Professional- Award, Florida Building of America Award and Education Design Showcase. (Leadership in Energy and Mr. Aguirre strives to provide LEED elements and features in his designs. Environmental Design) Currently, Mr. Aguirre, the Principal-in-Charge was involved in the design and National Society of construction towards the parking garages and structural lots that included an Professional Engineers additional 60,000 sf of retail spaces for Marlins Baseball Stadium, a $74 Million dollar project that has brought much excitement for Miami-Dade, Broward Florida Engineering Society and Monroe Counties. American Society of RELEVANT PROJECTS Heating, Refrigeration and • Building Code Consultant for Miami-Dade County Public Schools-Code Air Conditioning Engineers Compliance in Plan Reviews and Site Inspections for Early Childhood (ASHRAE) Centers, Elementary, Middle and Senior High Schools throughout Miami- Building Code Compliance Dade County, Florida (BCC) Inspector/Reviewer • City of Miami Moore Park, Design Build Services for the Design & Construction -Miami, Florida • City of Miami Gibson Park, Modifications&Renovations-Miami, Florida • Goulds, Naranja & Sgt. Delancy Parks, New Aquatic Facilities - Miami, Florida • City of Miami, Clubhouse/Restaurant Renovations at Melreese Golf Course (LEED Silver)-Miami, Florida • City of Miami,Stadium Site Parking,Marlin's new Stadium complex, 4 Parking Garage Structures, 4 Parking Lot Structures and 60,000 sf. retail support spaces -Miami, Florida • City of Miami, Fire Station No. 13-Miami, Florida • Joseph Caleb Center, New Courthouse Annex Building & Parking LOUIS J.AGUIRRE&ASSOCIATES,P.A. Garage—Miami, Florida Consulting Engineers • Pinecrest Gardens Landscape & Lighting Design - Village of Pinecrest, Florida • Fisher Island Town Center Landscape Lighting and Fountain - Fisher Island, Florida This page left blank intentionally EASTERN ENGINEERING GROUP G Raissa R.Lopez,PE Structures Task Leader Ms. Lopez has over 23 years of experience as a Structural Engineer, in a wide EDUCATION range of commercial, residential, educational and marine projects. Her Polytechnic Institute JAE, engineering skills comprise structural design of reinforced concrete, Cuba structural steel, masonry,timber,and aluminum.. Bachelor's of Science Degree in Structural Engineering 1990 Engineering Responsibilities: Staff supervision and project coordination, engineering design, analysis of structural systems,structural design for wind PROFESSIONAL and seismic conditions, impact, overpressure, and other accidental LICENSES conditions, review of shop drawings and other drawings, preparation of Florida PE#59399 specifications, fee proposals, and miscellaneous inspections. Software Florida SI#7014079 proficiency: Risa3D, Enercalc, Staad Pro, Ram, AutoCAD, MathCAD and Georgia PE#037856 Microsoft Office Word,Outlook,and Excel. Louisiana PE#36083 Massachusetts PE#48567 Administrative Responsibilities: Sanction of financial, executive, human Mississippi PE#18384 resources, and other Company decisions and strategies, client relations and Nevada PE#16495 New Mexico PE#19839 contract negotiation, marketing strategies including attendance of Ohio PE#76498 networking events,one-on-one meetings,workshops and seminars. Wisconsin PE#37231 Recent Events: PROFESSIONAL • Meeting with City of Doral representatives for marketing purposes. AFFILIATIONS • Meeting with City of Miami Beach representatives for marketing US Women purposes. Chamber of Commerce • "Structural Plan Review Workshop" at Miami-Dade County Building PREVIOUS EMPLOYERS Department. PBS&J • Training session on City policies for A/E firms at City of Miami Beach. Position:Structural Engineer • "Small Business Subcontracting Networking Session", organized by the Date:2004-2005 GSA in Fort Lauderdale, FL. Location:Miami,FL Specific Project Experience: Stantec Consulting Position:Project Engineer 36 Units Elderly Building-Hialeah,Florida Date:2003—2004 Structural design of a residential building which will serve as home for Location:Las Vegas,NV elderly people,featuring six stories of approximately 7000 square feet each, Donnell,Duquesne and 35 apartment units, and a laundry room at each floor.The structural system Albaisa,PA consists of concrete slabs and beams, masonry walls,concrete columns over Position:Structural Engineer a shallow foundation, and pre-manufactured wood trusses at roof. Threshold building inspections and review of reinforcing steel, concrete mix, and wood trusses shop drawings are being performed, among other construction administration services. Estimated construction cost: $3 million. IVI Doral-Doral,Florida Structural design of six different two story models for this modern community in the heart of City of Doral. The structural design consisted of precast concrete slabs at second floor and roof, load bearing EASTERN ENGINEERING GROUP masonry walls,concrete beams,concrete and steel columns,and spread footings. Bonita Grand-Miami Dade,Florida Structural design of eight different models for one and two story single family residences.The structural design consisted of pre-manufactured wood trusses at second floor and roof, load bearing masonry walls and load bearing partitions,and monolithic foundations. Doral Modern Club Houses-Doral,Florida Structural design of a total of three clubhouses and three guardhouses to serve the 45's, 60's and 75's collections on this new modern community.The structural design consisted of poured in place concrete slabs at second floor and roof, load bearing masonry walls,concrete beams,concrete and steel columns, and spread footings. Air Traffic Control Tower at HYA-Hyannis,Massachusetts Structural design of a new five-story air traffic control tower, where construction inspection services involved responses to RFIs, review of shop drawings of precast panels, reinforced concrete, structural steel, metal deck, aluminum railings and windows, and periodic site visits to observe the work in progress. The tower is designed for blast protection, and it is pursuing LEED Silver rating. Construction cost:$6.7 million Haitian Free Church Renovation-Orlando,Florida Structural engineering design to convert an existing one-story 13,000 square foot building into a church, and requiring miscellaneous changes: re-design of the front facade, replacement and removal of miscellaneous structural elements, addition of a floor metal platform and a prefabricated baptistery, among others. Construction inspection services consisted of site visits, responses to RFIs, review of shop drawings,and also several coordination meetings. National World War II Museum Pavilion-New Orleans,Louisiana Structural design of the curtain wall covering two sides of the façade of this new pavilion building. The curtain wall is made of steel and glass and it is connected to a steel structure. Drawings and calculations for the mock up tests performed on the curtain wall system were also prepared. This building is a new one-story United States Freedom Pavilion featuring 26,540 square feet, four mezzanines and a mechanical penthouse.Construction cost:$20 million Palm Center Parking Garage-Hialeah,Florida Structural analysis and design of a three-story 105,000 square foot parking garage,featuring 383 parking spaces. Documents needed for bidding procedures were prepared for the City, and construction administration services included threshold building inspections and responses to Contractor's RFIs.This garage is part of a two-phase project which also comprises a 72 unit affordable housing building in a subsequent phase.Construction cost:$3.8 million Air Traffic Control Tower at OPF-Opa-Locka,Florida Shop drawing design of aluminum air intake louvers and soffit enclosures around precast concrete structure, located on 11th level, under the 20-sided control cab of this new 211-foot high ATCT. Also, structural design of a temporary self-standing wooden monument sign. +guilDl�.0 SERGIO R. SERRANO, P.E., LEED® AP �� ,. Mechanical Engineer Baca Sergio R. Serrano, P.E. has been a mechanical engineer since 1992 and has since acquired an immense amount of experience ini his respective discipline. He has been involved in all phases of the design and construction process. t " As Project Manager and Sr. Associate for Louis J. Aguirre & Associates, P.A., Mr. Serrano is responsible for client relations, management and coordination, site/facility analysis, researching and implementing the most beneficial Mechanical Design Concepts, project design, contract administration and EDUCATION observation of systems' installation, testing and performance for major projects. Bachelor of Science Mechanical Engineering Mr. Serrano has developed his design and project management skills related University of Central Florida to educational, commercial and airport f ac iliti es. He has performed and 1992 supervised Mechanical system assessments for condition, code compliance, problem solving and upgrade. REGISTRATION Mechanical Engineer REPRESENTATIVE PROJECTS Florida:57864 • Building Code Consultant for Miami-Dade County Public Schools - AFFILIATIONS/HONORS Code Compliance in Plan Reviews and Site Inspections for Early Childhood Centers, Elementary, Middle and Senior High Schools throughout Miami-Dade County, Florida U.S.Green Building Council • City of Miami, Marlin's Stadium Parking Garage, 4 Parking Garage LEED Certified (Leadership Structures, 4 Parking Lot Structures and 60,000 sf. retail support spaces - in Energy and Miami,Florida Environmental Design) • YMCA of Greater Miami, New Allapattah Family Branch Facility (included an on-site parking structure) -Miami, Florida Building Code Compliance • Miami Senior High School, Historical Restoration, Renovations, (BCC) Inspector/Reviewer Remodeling and New Addition (includes a 3-level secured parking garage)-Miami, Florida • American Airlines North Terminal Development - Federal Inspection Services Station - 405,000 square feet - Miami International Airport - Miami, Florida • MIA Mover A PM System, Fixed Facilities Construction Services Consultant-Miami,Florida • MIA Taxi Drivers Area Renovation and Expansion-Miami, Florida • Bijoux Terner B.98.A Store at MIA-Miami, Florida • Bijoux Terner B.77.B Store at MIA-Miami, Florida • Broward College Master Planning, campuses and center buildings - Broward County, Florida • 396 Alhambra, 15-story Mixed-Use Development Towers and multi-story parking garage (awarded LEED Gold and Silver)-Coral Gables, Florida • EFG Capital at 701 Brickell Avenue Interior Renovations-Miami, Florida • SCOR Miami at 701 Brickell Avenue Interior Renovations-Miami, Florida • Hairforce Signature at 701 Brickell Avenue Interior Renovations-Miami, Florida • 701 Brickelll-Roof Top Fan Replacement Retrofit-Miami, Florida • Relief to Highland Oaks Middle School (K-mart Store Conversion) - Miami Dade County Public Schools-Miami, Florida • New K-8 Schools for Miami-Dade County Public Schools-Miami, Florida - Aventura Waterways K-8 Center (State School D, K-8 Prototype) - Mandarin Lakes K-8 Academy (State School DD-1, K-8 Prototype) - Coconut Palm K-8 Academy (State School CC-1, K-8 Prototype) - Arch Creek Elementary School (State School E-1, New K-8) LOUIS J.AGUIRRE&ASSOCIATES,P.A.'.. - Dr. Rolando Espinosa K-8 Center (State School P-1, New K-8) Consulting Engineers - State School TT-1 (New K-8) - State School AA-2(New K-8) i This page left blank intentionally MARIO PAZOS, P.E., LEED®AP Electrical Engineer ' x _; • Mario Pazos, P.E. has over 40 years of experience in the electrical engineering profession,inclusive of electrical design and construction phase inspection for industrial, commercial, educational and residential facilities in Cuba and South Florida. He has particular expertise in the design of power lighting, fire alarms, grounding, lightning and other electrical systems. He has worked on individual projects and consulting contracts involving new construction, additions and improvements to different types of facilities. Mr. EDUCATION Pazos is familiar with all applicable codes and regulations. As Project Manager for Louis J. Aguirre & Associates, P.A., Mr. Pazos is Bachelor of Science responsible for client relations, management and coordination, site/facility Electrical Engineering analysis, researching and implementing the most beneficial Electrical Design University of Havana,Cuba Concepts, project design, contract administration and observation of 1974 systems' installation, testing and performance for major projects. He has performed and supervised Electrical system evaluations for condition, code REGISTRATION compliance, problem solving and upgrade. He has also performed plan reviews and prepared Design Criteria Documents. Professional Engineer _ Florida, PE#52078 Mr. Pazos was the head Electrical Engineer involved in the re-design of the construction documents towards the 396 Alhambra building, a 15-story AFFILIATIONS/HONORS mixed-use tenant/retail facility situated along Alhambra Circle in Coral Gables which contain two towers. Both towers gained LEED® certification. U.S.Green Building Council The North tower attained GOLD and the south tower Silver rating. LEED (Leadership in Energy Additionally, Mr. Pazos has worked in the capacity of project manager for and Environmental Design) • many of our continuing miscellaneous contracts for both City of Miami and Y g Y Accredited Professional higher educational facilities. Building Code Compliance REPRESENTATIVE PROJECTS (BCC)inspector/Reviewer • Building Code Consultant for Miami-Dade County Public Schools-Code Compliance in Plan Reviews and Site Inspections for Early Childhood Centers, Elementary, Middle and Senior High Schools throughout Miami- Dade C ounty, Florida • • City of Miami, Sargeant Joseph Delancy, Naranja and Goulds Parks Aquatic Center Renovations-Miami,Florida • City of Miami, Marlin's Stadium Parking Garage, 4 Parking Garage Structures, 4 Parking Lot Structures and 60,000 sf. retail support spaces - Miami, Florida • MIA Mover APM System, Fixed Facilities Construction Services Consultant -Miami, Florida • 396 Alhambra, 15-story Mixed-Use Development Towers and multi-story parking garage (Awarded LEED Gold and Silver)-Coral Gables, Florida • City of Miami Haldey park-Miami, Florida • New K-8 Schools for Miami-Dade County Public Schools (schools include parking lot structure facilities serving staff, students and parents, LEED Principles and Concepts will followed throughout design development)- • Miami, Florida • American Airlines North Terminal Development - Federal Inspection Services Station-Miami International Airport,Miami, Florida • Building Code Consultants for Miami-Dade County Public Schools Code Compliance in Plan Reviews and Site Inspections for Schools throughout Miami-Dade County, Florida • City of Miami, Fire Station No. # 13 (LEED Certification in process) -Miami, • Florida • YMCA of Greater Miami,New Allapattah Family Branch Facility(included LOUIS J.AGUIRRE&ASSOCIATES,P.A. an on-site parking structure) -Miami, Florida Consulting Engineers • Norwegian Cruise Lines, Buildings 10 & 11 Headquarters, Café and Conference Center Renovations-Miami, Florida This page left blank intentionally EDUARDO A. SUAREZ, P.E., LEED® AP no. Mechanical Engineer Mr. Suarez has several years of experience in the Design of all phases of Mechanical Engineering that include HVAC, Plumbing and Fire Protection Design and Calculations. He is proficient in all aspects of computer ` n applications for Mechanical Design, including Auto-CAD Revit and a wide range of computer graphic design programs. He has worked in a wide range of versatile project types that include facilities such as municipality, educational, military, governmental, commercial, healthcare and EDUCATION residential. - Bachelor of Science Due to his vast involvement and experience in the many phases of the Mechanical Engineering development in educational facilities and having worked on countless University of Miami separate school facility projects, many of those projects have included but 2001 have not been limited to designing new buildings, Remodeling and/or Renovations, Roof Repair or Re-roofing, Life Safety, Cost Estimates, system REGISTRATION research, code research, specifications, shop drawing review, fire safety and provisions for ADA and the handicapped law requirements. Professional Engineer Florida,PE#64759 Mr. Suarez was the head plumbing/fire protection involved in the design AFFILIATIONS/HONORS and construction towards the parking garages and structural lots that included an additional 60,000 sf of retail spaces for the Marlins Baseball Stadium, a $74 Million dollar project that has brought much excitement for U.S.Green Building Council Miami-Dade, Broward and Monroe Counties. Additionally, Eduardo LEED (Leadership in Energy provided the Mechanical (Plumbing and F/P) observations and and Environmental Design) documentation for the master planning of each campus and center for Accredited Professional Broward College. He has gained full comprehension and understanding of the State Requirements for Educational Facilities (SREF), Chapter 235 Florida American Society of Statutes, Florida Building Codes and Public Approvals. Heating, Refrigeration and Air Conditioning Engineers REPRESENTATIVE PROJECTS (ASHRAE) American Society of • Building Code Consultant for Miami-Dade County Public Schools-Code Plumbing Engineers (ASPE) Compliance in Plan Reviews and Site Inspections for Early Childhood Centers, Elementary, Middle and Senior High Schools throughout Miami- Dade Code Compliance Dade County, Florida (BCC) Inspector/Reviewer • City of Miami, Athalie Range Park Swimming Pool Improvements - Miami, Florida • City of Miami, Sargeant Joseph Delancy, Naranja and Goulds Parks Aquatic Center Renovations-Miami, Florida City of Miami, Hadley Park -Miami, Florida • City of Miami, Marlin's Stadium Parking Garage, 4 Parking Garage Structures, 4 Parking Lot Structures and 60,000 sf. retail support spaces — Miami, Florida • American Airlines North Terminal Development, Federal Inspection Services Station at Miami International Airport-Miami, Florida • MIA Mover APM System, Fixed Facilities Construction Services Consultant Miami, Florida • Joseph Caleb Center, new Courthouse Annex Building and Parking Garage (LEED Silver Rating in process) -Miami, Florida • 396 Alhambra, 15-story Mixed-Use Development Towers and multi-story parking garage (awarded LEED Gold and Silver)-Coral Gables, Florida • City of Miami, Fire Station No. # 13 (LEED Certification in process) - Miami, Florida • Broward College Master Planning, each campuses and center buildings LOUIS J.AGUIRRE&ASSOCIATES,P.A. -Fort Lauderdale, Florida Consulting Engineers • Miami Senior High School, Historical Restoration, Renovations, Remodeling and New Addition (includes a 3-level secured parking garage)-Miami, Florida This page left blank intentionally CURTOOM updating of schedule utilizing various THOMAS BOILEAU software. Senior Project Estimator ti, 7S— Street & 1-75 Interchange - Hillsborough Thomas Boileau has performed as a Project County, Florida Engineer in construction administration with 12 years experience in airports and up to 20 Responsibility included utilizing either Gantt, plus years in the HVAC/MEP industry. He PERT, milestone charts, earned value has been in control of up to 20 active management and other project management projects at any given time in various stages techniques to gauge progress and identify of construction along with hundreds of performance variances to facilitate focus and successfully completed projects. He is intervention on critical areas. The work also effective working with multi-discipline included taking planning database and groups to achieve targeted goals and incorporate it into the Primavera schedules objectives. Proven self-starter, able to using licensee construction tasks to drive interpret direction and provide solutions in a inspection dates as needed. On weekly bases timely manner. Energetic team member, worked with the lead inspectors for previous exhibiting high ethics, hard work, and upcoming inspections to status the competence and confidence, underscored schedules with actual and to make schedule by a personal commitment to professional changes as process them through the change performance. request site. EDUCATION Brandon Feeder Roads—Hillsborough BS University of Wisconsin County. Senior Estimator for roadway resurfacing and PROFESSIONAL REGISTRATION widening improvements at various intersections Certificate HVAC and Plumbing throughout the project including MOT and Member of the Building Commissioning signalization services. Association Jan Platt Regional Libra-- Hillsborough OTHER RELEVANT EXPERIENCE County > Orlando International Airport Performed constructability review services for Orange County, FL analysis of various construction means and > Chapel Trail Elementary School methods to evaluate solutions to determine Broward County, FL impacts on project cost, schedule, function, > Concourse C and suitability. Assist team in development Miami International Airport of accurate cost estimates throughout the life • Faulkenberg Road WWTP of the project. Miami International Airport Veterans Affairs Community Living Center. Orlando. FL RELEVANT WORK Provide estimates for project controls Albert- - `bittedegional Airport contracts, site engineering and construction, Provided senior estimating services and estimates during entire project lifecycle. This support supervision for site engineering, was construction of a new veterans medical construction project controls services, facility on a 65 acre site, involving sustainable design. providing estimates, material takeoffs and This page left blank intentionally CURTOOM Vince Mancusi Senior Project Estimator analysis, identifies and resolving critical path. The Mr. Mancusi has more than 30 years experience in scope of work provided construction engineering estimating, project scheduling and planning, working and inspection services for the performance of with both public and private sector clients. He has apron, runway, drainage and/or lighting demonstrated knowledge of and experience in the field improvements respectively. Project was completed of project controls, CPM scheduling, budgeting, cost on time and under budget by reducing costs, estimating, change order processing, and Earned Value enhancing functionality and speeding delivery. Management. His duties and responsibilities include preparation of overall project schedule using various .Bethune Elementary School, Ft. Lauderdale software, monitoring and updating the project schedule and to report construction progress. The majority of his Monitor and update estimates and report on work involved coordination with a staff of civil, construction progress. Perform schedule resource mechanical, and electrical, architectural engineers. He loading and leveling. Preparation of Weekly and has coordinated and represented the firm with Monthly Reports & Cost Reports, attend weekly government agencies and local municipalities. His coordination meetings, regular management demonstrated ability to validate and accurately analyze meetings to sort out and resolve information, and make sound decisions has made a problems. Coordination with subcontractors and considerable positive business impact to our success. vendors for proper execution of material items. EDUCATION Lakeland Linder Regional Airport - Polk A.S. Civil Engineering, Miami Dade College County, Florida B.S. Public Administration/Finance, Florida Atlantic University Perform cost estimates to integrate into schedules, performs risk analysis, identifies and resolves RELEVANT EXPERIENCE critical path conflicts. Assist the overall project • Report progress and impacts to the critical team and provide project cost control software path. support, and coordinate the overall project • Prepare costs of potential subcontractors budget into the management plan. • Prepare project schedule,using MS project, Primavera/scheduling software 78111 Street & 1-75 .Interchange - Hillsborough • Demonstrated knowledge of and experience County, Florida in the field of project controls,project planning,CPM scheduling,budgeting, Responsibility included utilizing either Gantt, PERT, commitment analysis,change order milestone charts, earned value management and processing,estimating,forecasting,trends other project management techniques to gauge and Earned Value Management. progress and identify performance variances to facilitate focus and intervention on critical areas. PROFESSIONAL EXPERIENCE The work also included taking planning database and incorporate it into the Primavera schedules using Concourse C- Miami International Airport - licensee construction tasks to drive inspection dates y i a m i to ri d a as needed. On weekly bases worked with the lead inspectors for previous and upcoming inspections to Prepare, develop and coordinates a budget estimate for status the schedules with actual and to make integration into the master plan and integrated master schedule changes as process them through the schedule to meet all program cost objectives. Ensures change request site. program schedules and plans are horizontally and vertically integrated across company functional groups. Tracks budget and cost schedules, performs risk This page left blank intentionally EASTERN ENGINEERING GROUP . Gonzalo A.Paz,PE Structural and Civil Engineer Mr. Paz has over 23 years of experience as a Civil and Structural Engineer, EDUCATION working in commercial, industrial, residential, marine, mixed use, protected Polytechnic Institute JAE, ecosystems and other types of projects. Cuba Bachelor's of Science Degree Engineering Responsibilities: Structural design and preparation of in Structural Engineering 1990 construction documents, construction administration, including responses to RFIs and review of shop drawings and other drawings, analysis of structural PROFESSIONAL systems, structural design for wind and seismic conditions, impact, LICENSES overpressure, and other accidental conditions, field inspections, laboratory Florida PE#60734 test witnessing, civil design and preparation of construction documents, construction of roads, parking lots, water, sewer, paving and drainage design PREVIOUS EMPLOYERS and calculations, as well as software installation and programming and staff C3TS training. Software proficiency: Enercalc, ETAB, Risa-3D, Staad-Pro, SAFE, Position:Structural Engineer PCAWaII, Mathcad, AutoCAD, and Microsoft Office Word, Excel and Power Date:2006 Location:Miami,FL Point. Administrative Responsibilities: Financial, executive, and human resources Ford Engineers decisions,fee proposals,and staff supervision. Position:Project Engineer Date:2001—2006 Location:Miami,FL Recent Events: • Miscellaneous meetings with representatives of building departments to Cuina,S.A. gather feedback on projects in permitting, and new regulations and Position:Site Engineer requirements. Date:1996—1999 • "Structural Plan Review Workshop" at Miami-Dade County Building Location:Galicia,Spain Department. Specific Project Experience: Palm Center Parking Garage—City of Hialeah,Florida Structural analysis and design of a three-story 105,000 square foot parking garage, featuring 383 parking spaces. The structural system consists of precast elements such as double tee slabs, beams, columns, spandrel panels, stairs and shear walls; and deep foundations with auger cast piles. Documents needed for bidding procedures were prepared for the City, and construction administration services include threshold building inspections and responses to Contractor's RFIs.This garage is part of a two-phase project which also comprises a 72 unit affordable housing building in a subsequent phase. Construction cost:$3.8 million. Student Support Center Miami Dade College—Miami,Florida Structural engineering design and shop drawings of all miscellaneous metals:steel stairs and railings; an elevator package, protective items such as galvanized steel bollards, steel partition supports and steel corner guards;a galvanized steel ladder with a safety cage for high roof; and rooftop steel framing.This is a new six-story 120,000 square foot Student Support Center located at Miami Dade College Wolfson Campus,featuring classrooms, laundry and storage rooms, gym, meeting and media rooms, leisure and food vending areas,among other facilities.Construction cost:$25 million (est) EASTERN ENGINEERING GROUP Collins Plaza Hotel-Miami Beach,Florida Structural design of a four-story hotel building featuring 50 units and a half basement in a 17,000 square foot construction lot.The half basement is designed for parking, and the rest of the floors are for hotel rooms,except the first,which also accommodates a Lobby.The structural system is comprised of spread footings, concrete columns,concrete shear walls,concrete slabs at each floor and reinforced masonry at the exterior. Estimated Construction Cost$30,000.00 Family Life Enrichment Center-Miami,Florida Structural design of a one-story 23,156 square foot gymnasium, featuring basketball court, classrooms, nurseries, bookstores, and other amenities. Also, civil engineering design for extension of water, sewer and force mains, connection to a private pump station, final certification to obtain Environmental Resource Permit, as well design of 36 additional parking spaces, design of a new driveway connecting NW 135th Street with the property,and design of new striping for an inner loop road connecting the site to both NW 135th Street and 22nd Avenue. Estimated construction cost:$2 million Monserrate Apartments-Miami,Florida Civil engineering design, calculations and plans preparation of paving, drainage, lateral sewer systems, driveway connection to the main street, and fire and domestic water service connections to the City's system.This is a six-story 10,800 square foot residential building, featuring 35 units in five levels and 52 parking spaces in two levels(including a basement). Estimated construction cost:$8 million. Comcast South Dade Facility-Miami,Florida Civil engineering design and plans preparation to expand the existing commercial parking area from 0.9 acre to 4.3 acres, adding 94 parking spaces, and requiring design of new paving and drainage, hydraulic and hydrologic calculations, design to interconnect both the existing and new areas, and final certification to obtain Environmental Resource Permit.These services were performed as part of a larger project to design an addition to the existing facility. Metropolitan Miami 2-Miami,Florida Shop drawing design of the aluminum and glass window wall system, doors and railings of this 48-story steel office building with a concrete core.Various One Time Approval procedures were carried out at the Building Code Compliance Office in Miami Dade County, until wind pressures complied with NOA parameters. Other services: custom design of structural connections for specific field conditions. Met 2 is certified LEED Gold. Fire Station#47-Miami, Florida Civil engineering design of a new parking area to increase an existing lot of 2,800 square feet and 6 parking spaces, to a lot of 3,300 square feet and 16 parking spaces. Specific work included design of paving, striping, drainage system and signage. This is an existing one story fire-station with an approximate total area of 6,800 square feet,sitting on a 40,860 square feet lot. National Hotel Renovation-Miami Beach,Florida Shop drawing design and wind pressures calculations of a new aluminium window system to replace all existing windows and doors in this historic Art Deco eleven-story tower, featuring 103,477 square feet, with 36 deluxe rooms and suites in the Cabana Wing, and a hotel's three-level penthouse suite. Shop drawings for the mullions were also designed, as well as structural connections required in specific field conditions. Order Summary Page 1 of 1 Help I Home Dun & Bradstreet Government dun& b ra d s l r°e e t Solutions Contractor Management Portal Step 3 of 3 View Registration Status 1 Find Your Company D&B Supplier Certification Receipt 2 Provide Payment Information Date Time Company D-U-N-S Product Cost 3 View Registration Status 06- 08:23:52 HAKS 802283572 Supplier Sub $91.95 19- ENGINEERS, Portal Total 2015 ARCHITECTS Registration AND LAND Product- SURVEYORS, Yearly P.C. Tax $8.16 Total Cost $100.11 For further information or clarification Please contact our Customer Resource Group by clicking on the Customer Support link at the bottom of the page. Print Back To progress through the Powered by �� portal,use the available VV►► Customer Support Privacy Policy Help use the on back or forward ar not use the back or forward buttons on your browser window https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SpRegistrationReceiptView?lang... 6/19/2015 r AW ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `,� 6/17/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Risk Strategies Company NAME: Risk Strategies Company 2040 Main Street, Suite 450 PHONE FAX Irvine, CA 92614 (E-MAILNo,Ext) 949-242-9240 (A/C,No): ADDRESS: syoung@risk-strategies.com INSURER(S)AFFORDING COVERAGE NAIC# www.risk-strategies.com CA DOI License No.OF06675 INSURER A: Continental Casualty Company 20443 INSURED INSURER B: Valley Forge Insurance Company 20508 HAKS Engineers, P.C.Architects, and Land INSURER c: Transportation Insurance Company 20494 14400 NW 77 Court, Suite 203 INSURER D: National Fire Insurance Company of Hartford 20478 Miami Lakes FL 33016 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 25137712 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A 3 COMMERCIAL GENERAL LIABILITY 3 5099676491 12/11/2014 12/11/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 3 OCCUR PREMISES(Ea Eoccurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 3 JE Q 3 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 3 5099676538 12/11/2014 12/11/2015 (Ea aBBIN D1 SINGLE LIMIT $ 1,000,000 3 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS — NON-OWNED PROPERTY DAMAGE $ 3 HIRED AUTOS 3 AUTOS (Per accident) $ C 3 UMBRELLA LIAB 3 OCCUR 5099676622 12/11/2014 12/11/2015 EACH OCCURRENCE $ _ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED 3 RETENTION$0 $ D WORKERS COMPENSATION 5099676572 12/11/2014 12/11/2015 3 STATUTE ETH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A - - — (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability AEH288237085 12/11/2014 12/11/2015 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Projects as on file with the named insured including but not limited to:RFP No.2015-160-YG;Constructability,Cost,and Value Engineering Review Services. City of Miami Beach is named as additional insured on the general and auto liability policies-see attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1700 Convention Center Drive ACCORDANCE WITH THE POLICY PROVISIONS. Miami Beach FL 33139 AUTHORIZED REPRESENTATIVE "'. I Michael Christian ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 25137712 114-15 GL AUTO UMB WC PL ($5m) I Sherry Young 1 6/17/2015 2:30:17 PM (PDT) I Page 1 of 6 I 1 APPROACH & METHODOLOGY Introduction The HAKS team is committed to assist the City of Miami Beach to fulfill its ambitious Capital Improvement Program, which over the past few years has grown from an initial amount of$400M to over$1.8B. Under the leadership of Mayor Phillip Levine and the City Commission, Miami Beach has undertaken an invigorated capital development program to support the substantial growth in residential and commercial real estate and an ever-increasing population. Some of the signficant projects the City is or will be undertaking are: • Alton Road Reconstruction Program, in conjunction with the Florida Department of Transportation • Various local neighborhood infrastructure upgrades including state-of-the-art drainge systems to account for sea level rise • Water and sewer upgrades including new pipes and pump stations, in conjunction with Miami-Dade Water and Sewer Department • Streetscape and street claming projects, including recovery of the City's rights-of-way • New world class convention center • Implementation of a citywide Intelligent Transportation System (ITS) • Expanded transit capabilities through trolley service • Possible expansion of the Metro Rail/Metro Mover service to Miami Beach via the MacArthur Causeway connecting to the future convention center As with any major capital improvements program, the citizens who have invested in the program want assurances that the funds appropriated for the program through the issuance of bonds are used in accordance to the bond resolution approved by the voters; they want clear transparency. Furthermore, since the bonds are sold in the open bond market, the bondholders want to ensure that their return on investment is guaranteed and that the bond credit ratings are maintained as high as possible. This requires delivery of projects on time and within budget. To assist the City in accomplishing this, HAKS has assembled a team of experienced professionals to provide constructability, cost estimating and value engineering services for all types of infrastrucutre projects, whether vertical or horizontal, convetional design-bid-build, or other alternative delivery methods such as design-build, progressive design-build, or construction management at risk. Project Management Since this type of contract will be task work order driven, we have strucured our team and our resources in such a way that we can work on multiple assignments if requested by the City. Our Project/Contract Manager Jose (Joe) L. Gomez, P.E. is an experienced infrastructure professional with over 37 years of experience both as a consultant and a former member of the Florida Department of Transportation, District 6. Joe has been involved in some of the most complex infrastructure projects in South Florida in both design and construction. Some of those projects have been in P PJ 9 pJ or near Miami Beach, including the reconstruction of the MacArthur Causeway and the reconstruction of the MacArthur Causeway Bridge. Other projects included Harding/Collins Avenue reconstruction and drainage improvements, I- 195/Julia Tuttle Causeway safety and beautification improvements, and the first drainage pump stations installed on the island along Harding Avenue in the Town of Surfside. As a consultant, Joe was in responsible charge of and prepared the original Basis of Design Reports(BODRs)for the La Gorce and Nautilus neighborhood projects for the City's Capital Improvement's Office in the early 2000s. This intimate knowledge of Miami Beach and its unique challenges enables Joe to serve the City's team on multiple fronts. RFQ No.2015-160-YG Constructability,Cost,and Value Engineering Review Services APPROACH & METHODOLOGY Approach Joe will be the single point of contact between the HAKS team and the City's designated project manager. This will ensure that no duplication of effort or miscommunication as to the type of assignment occurs. Joe has previoulsy managed large scale task work order driven contracts using a proactive project management style that consists of the following key steps: • Establish kick-off meeting with the City's PM and HAKS task leaders after Notice-to-Proceed to introduce team members and go over any housekeeping items the City's PM requests • Provide meeting minutes within 2 working days • Once the City has assigned a task to HAKS, Joe will proceed as follows: o Meet with the City's PM to clearly understand the requested scope of services o Provide meeting minutes within 2 working days of the meeting to City's PM o Provide draft scope of services for the task within 5 working days of the meeting, including staff hours and fee estimate o Once comments are received from the City, prepare final scope and estimate within 3 working days, including a schedule to complete the task work order, whether a simple bar graph or a more detailed project schedule, depending on the complexity and length of the assignment o Assign the required personnel to perform the tasks o Submit draft deliverable to the City's PM for review o Submit final deliverable after incorporating all comments from the City within 3 to 10 working days dependent on the size of the assignment with draft invoice for City's approval o Submit final invoice within 5 working days after receving City comments o This process repeats itself for every task work order o Submit monthly status report of all on-going activities to the City's PM Methodology Constructability Reviews: Typically for a constructability review to be effective, it is performed at a 60% completion level or higher. There are, of course, exceptions to this general rule. As an example, for Design-Build projects, a criteria package is usually developed to 30% level of plan production, but sufficient design has been done that a constructability review may be beneficial prior to the advertisement of the RFP. Also, for Construction Management at Risk (CMAR), due to the nature of the contract, constructability reviews are typically performed as the design progresses and prior to the contractor providing a Guranteed Maximum Price. However, for the majority of these tasks, our review will normally take place at a 60% production level. For constructability reviews the following are some of the key items we will review: • General notes: Are there any conflciting instructions to the contractor? • Right-of-way: Is the ROW sufficient for the contractor to build the project with any license agreements or easements? If so, have they been secured? • Type of construction: Do the plans restrict the contractor's means and methods where the City may become the general contractor? Is there any specialty equipment required that is not called for? • Proprietary Items: Are items proposed that may be an issue for the contractor to procure, including procurement periods that extend the contract duration beyond the agreed contract amount? • Specialty items:Are there technical special provisions provided for them? • Sequencing: Is the sequence logical from a construction perspective or can there be improvement?Are their conflicts in the phases of work? Is the MOT sequence logical? Are any businesses, residences or institiutions unduly impacted by an MOT phase? RFQ No.2015.160-YG Constructability,Cost,and Value Engineering Review Services APPROACH & METHODOLOGY Cost Estimating/Biddability: One of the most important aspects of maintianing a viable capital plan is to have accurate cost estimates or opinions of probable costs. Normally in our capacity, we will be performing independent or third party probable costs to determine if the designer has taken into account all variables in pricing. While databases such as RS Means and FDOT's cost estimating databases are good, a database is only accurate if it reflects market trends and fluctuations. For example:for asphalt prices the bituminous index used by FDOT is a good gauge of how oil prices will affect bids for at least 6 months. Availability of materials such as quarry items like limerock and cement can also affect the prices within a few months. Our database will be updated on a monthly basis to ensure that market variables are accounted for. Equipment costs can also fluctutate due to shortages if construction activity is heavy. Certain areas are more prone to equipment theft so geographic knowledge and resources within the industry are also important. On larger projects,we also recommend performing a biddability review, normally at 90% phase. A biddability review focuses more on looking at pay items to ensure no contract items are left out or that a contractor may submit an unbalanced bid due to incorrect or missing pay items. Our Cost Estimating Task Leader is Paul E. Curtis, President and CEO of the Curtoom Companies. Paul is unique in that he is a former contractor himself, so his approach to cost estimating is based on as if he were building the project. Value Engineering: While value engineering is inherent in all architecture or engineering design, there are projects of certain size and construction cost (typically $10M or more) for which independent value engineering should be performed. These value engineering studies can be as simple as a 1-day workshop to vet various issues to a more comprehensive 1-week study with a detailed report on the finidings of the team. For large capital projects, an independent team of specialists will be assembled by our Value Engineering Task Leader, Don Stoddard, P.E., CVS- Life, FSAVE who is one of the nation's foremost experts on conducting value engineering studies. Don will recommend a team of independent specialists to perform the requisite value engineering analysis following the clear direction of the City's project manager, as well as any specific areas of concentration the team should follow. A detailed scope, including schedule of deliverables with a presentation to the City's management team, will be provided to the City upon the request to perform a value engineering study. RFQ No.2015-160-YG Constructability,Cost,and Value Engineering Review Services i WebFOCUS Report Florida UCP DBE Directory Number of Records Returned: 1 Selection Criteria: Vendor:LOUIS J AGUIRRE&ASSOCIATES P.A. 'Vendor Name: • C; _ • _ DBE Certification: CERTIFIED MBE Certification: Certified! DBA: Former Name: Business Description: ENGINEERING CONSTRUCTION MANAGEMENT Mailing AddressJ: 9150 S DADELAND BLVD SUITE 900 MIAMI,FL 33156- Contact Name: LOUIS AGUIRRE Phone: (305)670-0141 Fax: (305)670-0144 Email: MMARTINEZ @LJAAPA.COM Statewide Availability: N Certified NAICS 541330 Engineering Services http://www3b.dot.state.fl.us/ibi_apps/WFServlet[7/1/2015 2:33:00 PM] WebFOCUS Report • Florida MCP DBE Directory Number of Records Returned: 1 Selection Criteria: Vendor:CURTOOM COMPANIES INC Vendor Name: CURTOOM COMPANIES INC DBE Certification: CERTIFIED MBE Certification: DBA: Former Name: Business Description: CONSTRUCTION MANAGEMENT CIVIL ENGINEER CADD SERVICES ENVIRONMENTAL CONSULTING TRAINING SERVICES Mailing AddressJ: PO BOX 76192 TAMPA,FL 33675- Contact Name: PAUL E CURTIS Phone: (305)624-8604 Fax: (888)431-0028 Email: FECURTIS(o CURTOOM.COM Statewide Availability: Y Certified NAICS 236210 Industrial Building Construction 237110 Water and Sewer Line and Related Structures Construction 237990 Other Heavy and Civil Engineering Construction 541330 Engineering Services 541350 Building Inspection Services 541611 Administrative Management and General Management Consulting Services 541620 Environmental Consulting Services 541690 Other Scientific and Technical Consulting Services http://www3b.dot.state.fl.us/ibi_apps/WFServlet[7/1/2015 2:32:30 PM] 1 I WebFOCUS Report • Florida UCP DBE Directory' Number of Records Returned: 1 Selection Criteria: Vendor:EASTERN ENGINEERING GROUP COMPANY _. = Vendor _ COMPANY dor Name EASTERN ENGINEERING GROUP COMPAN _ —___ — .—..__T-_ =``— — __ DBE Certification: CERTIFIED MBE Certification: Certified DBA: Former Name: Business Description: ENGINEERING SERVICE Mailing AddressJ: 3401 NW 82ND AVENUE SUITE 370 MIAMI,FL 33122- Contact Name: RAISSA R LOPEZ Phone: (305)599-8133 Fax: (305)599-8076 Email: RAISSAna EASTERNEG.COM Statewide Availability: N certified NAICS 541330 Engineering Services http://www3b.dot.state.fl.us/ibi_apps/WFServlet[7/1/2015 2:33:25 PM] I I „ 1 ,. _.-.:. — - -5456.11.1111. .. . . „ . .. .. . 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