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Agreement with Keith and Schnars, P.A. 1206- a UO9 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND KEITH AND SCHNARS, P.A. 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 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1. DEFINITIONS 4 ARTICLE 2. BASIC SERVICES 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 14 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 16 ARTICLE 5. ADDITIONAL SERVICES 18 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 21 ARTICLE 10. TERMINATION OF AGREEMENT 22 ARTICLE 11. INSURANCE 23 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 KEITH AND SCHNARS, P.A. FOR PROFESSIONAL CONSTRUCTABILITY, COST AND VALUE ENGINEERING REVIEW SERVICES ON AN "AS-NEEDED-BASIS" This Agreement made and entered into this I/ day of J notG r✓ , 20 I , (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal Corporation existing ), Y � P P 9 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 KEITH AND SCHNARS, P.A., a Florida corporation having its principal office at 6500 North Andrews Avenue, Fort Lauderdale, FL. 33309 and local office at 10305 N.W. 41st Street, Suite 112, Doral, FL. 33178 (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 Keith and Schnar, P.A., 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 Basic Services in this Agreement, as described in Article 5 and the Consultant Service Order, 4 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 the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or 5 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 Directive(s), and/or approved written order(s)for a minor change in the Work. 6 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 (5) business days of said Force Majeure. Any time extension shall be subject to mutual 7 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. 1.15 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 r (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. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a fully executed Consultant Service Order, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or the Project Administrator. Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Administrator). 12 r 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. 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 14 , 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. 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). 15 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. 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 16 r 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 (+1-5%) 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 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. 17 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. 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 18 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 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. 19 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. 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 20 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 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 21 thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 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. 22 i 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant. 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Administrator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Administrator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Administrator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Administrator). ARTICLE 11. INSURANCE 11.1 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: 23 (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. 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 24 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 or unreasonable. In the event that the Consultant does not agree with the decision of the Project Administrator, the Consultant shall present any such objections, in writing, to the City Manager. The Project Administrator and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the "not to exceed" amount of the fee paid to Consultant under this Agreement, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to Consultant's "not to exceed" fee under this Agreement, less any amount(s) actually paid by the City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess of the "not to exceed amount" of Consultant's fees under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes. 25 1 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: Keith and Schnars, P.A. 10305 N.W. 41st Street, Suite 112 Doral, FL. 33178 Attn: Mark J. Moshier, P.E. Tel: (954) 776-1616 Toll free: 800-488-1255 Fax: (954) 771-7690 Email: mmoshier @ksfla.com 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 26 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 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. 27 i 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 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. 28 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. Attest - • OF MIAMI BEAC- : Add i l I I ••'''01‘ �� 111,E /6 CITY LERK e r d / Attest ,,•-- ► ;. �. ;� =%H;''A ;'S, P.A. r INCORP ORAT 1%0' ,A41, �-i/- Signature/ Tetary � �' R%'f . :�y� 1de t ��-��j• \ t4MJc. s. Pto yli; 11111 C 2 -":17' r Al* , ' eI Print Name . �%ul-,..so!'vc ame APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION atop\ ' City Attorney R,) Date 29 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND KEITH AND SCHNARS, P.A. CONSULTANT SERVICE ORDER Service Order No. for Consulting Services. TO: Keith and Schnars, P.A. 10305 N.W. 41st Street, Suite 112 Dora!, FL. 33178 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 i 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 Discipline: Constructability, Cost, and Value Engineering Review Services. EJM Services, LLC. 33 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: Department Di ;ctor Assists t Z Ir ':- Hager City M. er DM DrA.AD ,T A1 M _ JLM T:WGENDA\2015\May\PR• -EMENT\RFQ 2015-160-YG Constructability,Cost,and Value Engineering Re ew ervices-ISSUANCE SUMMARY.docx miler AGENDA ITEM ��` MIAMIBEACH DATE S-6—1 C 33 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 imi FROM: Jimmy L. Morales, City Manager I /II, 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:\AGENDA\2015\May\PROCUREMENT\RFQ 2015-160-YG - RFQ 2015-160-YG Constructability, Cost, and Value Engineering Services-ISSUANCE MEMO.docx 35 COMMISSION I I EM 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: Alex Denis, David Martinez Sign-Offs: De.1, `ent Di ctor Assis t City r City M .6aer DM WiI AD , . EC M 111160 JLM 4 T:\AGENDA\201 Dece • r\PROCUREMENT\RFQ-2015 .i-KB - Constructability, t ••t, and Value Engineering Review Services-Summary.doc MIAMIAGENDA ITEITEM � ��A H DATE ic2 S 189 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov CO MISSIO MEMORANDUM TO: Mayor Philip Levine and Members of t e City Corn 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 P P 4 Y 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 9th,2015 Page 3 con►srRUCTAG` _ uosT„Ak1O.W4,07t=_ ` Diego - L t Carla Eugene Ahrr�d Lee Lopez Ron AGGREGATE r_�t,t i -,�9ERViG`E&�.�. �. Dixon Ranking Egemba Ranking Khenssi Ranking Medina _Ranking Starivren Ranking jOTA4$ Rank Hales 70 3 70 3 70 3 60 5 70 3 17 3 Keith&Schnars,P.A 81 1 80 2 80 2 80 2 - 90 1 8 2 PMA Consultants,LLC 59 5 85 4 60 4 72 4 65 4 a. 21 4 16, Triangle Associates,Inc. 62 4 60 5 60 4 75 3 55 5 . 21 4 U.S.Cost,Inc.dlhla RIB U.S.Cost BO 2 85 , I 85 1 93 1 85 - 2 g 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:W GENDA 120151December\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 MIAMIBEACH 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. 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 Convention Center Drive, 3 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.com/library/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? Al 1: 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 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. 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 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 `1 ly ..4 Ale 11-nis Procurement Director 1 4 EXHIBIT A PRE-PROPOSAL MEETING SIGN-IN SHEET 5 ela.; 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# Yusbel Gonzalez City of Miami Beach 305-673-7490 786-394- yusbelgonzalez(amiamibeachfl.gov 4073 /-�.1� O Z d''t�-�I 3o T-6`i � ��r��3°II�ef)6/0 -eRiAlCcD 3 03-7 5( --( : z. e 4r_-� 3 z� 767( 2Y-0g6 tS r� Geer r1 1 c J 6 QI-rt1 o M1,3 iZeA-C-M-CI P MAIL;A det2-M4a r'1 rr �,v,% 505-673-7071 r✓j ae-er' a arnikeaci4 �Pf, o v 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# Yusbel Gonzalez City of Miami Beach 305-673-7490 786-394- yusbelgonzalez(,miamibeachfl.gov 4073 s 1Lit F2 eAdfF tO A oLAL p 30 c-.6 7o-/47 30v:-64.0 0 4761p QM Fo 12 47dC,-c P1 NTl.-64.0v(AiLQ p.ci 3P- 7? 6,z 4? • S u 14c.AZV uS-- 21-z't'2 o oS- 2 1r (QScov S'Qg. Cc ///71 //4-6/____ / s-v) ( ,5 '03 / 4it 47@._ (7,1"2-1 60AZ E X205 . .�as. �- mss. . t4 go5. -3L e (6) (4,/i6c- -45a C I(lir _TAY" e:.) �-'v24 Qj r u' vA-(� �fi�r��v�� v�ysa� , Cc_ MiAMIiEAC.H 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 PRE NT) COMPANY NAME-E-MAIL ADDRESS PHONE# FAX# Yusbel Gonzalez City of Miami Beach 305-673-7490 786-394- yusbel onzalez@a miamibeachfl. ov 4073 g g 2 re 'T ' mo5 3'7g Vt 6t- !M/(- g G7�t e_ . G a n 766-9-5-3-780 � . A t w ?05-.7 67 t. SolovipLo 'sotovt k o v cok.941-4.1,i . c o t4A Yo c:05-0 1)7 357.70'4, PAmce 147e,froe", G M - P7 c/14 N45/2._ Y M1AMIBEACH 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-MA[L ADDRESS PHONE# FAX# °IfiS1?3e)(114:6Arkakfri LVickk St6-446't'ttel° c ka r-ber-v,L • ►k.e 4t n+L.,-ow, clat to 6/1 j /1/1-c 1\D\ ;11e1 (c) -rnelv;n (zip -,(e;", l°I 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 tV. AMFEA.CH 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 1 i 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. i Procurement Contact: I Telephone: Email: Yusbel Gonzalez 1 305-673-7000, 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. Sim;.erel , or Al penis - 'Procurement Director 1 , i M1AMIBEACH , 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 er-I , Y 9nis,, Ale Pr:i urement Director • • 1 1 . • 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 ,, Alex D- is Procurem:nt Director 1 MIAMI ; EACH 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 @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. SinW Alex Or is Pry ement Director 1 REQUEST FOR QUALIFICATIONS ( RFQ CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES RFQ No. 2015-160-YG 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 MIAMIBEACH 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 in 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. 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 MIAMI BEACH 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 yusbelgonzalez(a�miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado 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. PRE-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:/l library.municode.com/index.aspx?clientlD=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 MIAMI BEACH 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.qov/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 MIAMI BEACH 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. MODIFICATION/WITHDRAWALS 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 duties. Balance of Page Intentionally Left Blank 9 Y 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 1 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 MIAMI BEACH 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:ll subpiierportal.dnb.coml webaoplwcs lstoreslservlet/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 1 -Qualitative Criteria Maximum Points Experience and Qualifications 70 Approach and Methodology 30 TOTAL AVAILABLE STEP 1 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 2-Quantitative Criteria Veterans preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 RFQ 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 7 8 Final'Ranking* 1 :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 MIAMI BEACH Response Certification , Questionnaire & Requirements Affidavit RFQ No. 2015- 1 44-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 700 Convention Center Drive Miami Beach, Florida 33139 49 MIAMIBEACH 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 _ yusbel.onzalez• miamibeachfl.•ov 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 50 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 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. - - - --- - !: . . • .. --• -- -- - • - -- • - --- - • - - ' ---• .. �. .. RFQ 2015-160-YG Appendix A— Page 2 51 MIAMI BEACH same(in a particular year\ • ... ••• •• - • . • . . • -- 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/procurements. 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 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 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 recipients 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 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 MI AM I BEACH " No Bid ," Form RFQ No. 2015- 144-YG • Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 k' Note: If [si•inibbrfiti' 'fecii'itiae' :wh6.have,receiV6trjhbtifiC8tiOri'.6f .,. _-,.._,,, :1 important nt' . vendors, .„.....„,,-;:,..- - - ..; . ill thisisolicitotiOrittiof titi■ie-tleeictOclpotjoirespood.,toz complete and sylpmrt, tile,pttached', Stai4iTierif'6i''Nb,Bid:!'. The .-`-1.—St a' t e-nent o_ f,.N.S.'B-.i,d'-:'-,provides tietCitw,withjnfOrfction on hoW,igIMPe9Y , lbe-solictiation process fii6re:4C).,submitsar:,`-`-Sidt6iieli'8f448:lifier, rn6,,icresuit.ik.ripto-errig-'66-tifieW .,..;,1;,..i.A--,-.;. .--.'••,,,,..,' ., .,-: .._,.c.,..,.. ,.., biiilietitit''' ''',-'-'"- - ' :,,:‘ ::,,,,4,,,-,----4,-,'Ic,,,,,/,1%,,,,,!,;.,,;.::m1,:,,,:J.,,,IL., ,- .,.' -..- _, , st•,—.7,;,,,,,,,A.,,,,,,,,,..,„,swt,,Q!'ql tlk \e“1.' — -'1- - . ,- .' 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 list for 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#2015-160-YG 1700 Convention Center Drive, 3`d Floor MIAMI BEACH, FL 33139 RFQ 2015-160-YG Appendix B — Page 1 57 APPENDIX C MIAMI BEACH Minimum Requirements & Specifications RFQ No. 2015- 1 44-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Fonda 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 and/or 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. 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 MIAMIBEACH Special Conditions RFQ No. 201 5- 144-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 61 MIAMI BEACH 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 engagement or purchase 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 APPENDIX E MIAMI BEACH Insurance Requirements RFQ N 2015- 144-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 63 M I AM I BEACH 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 768.28, the Florida Constitution, and any other applicable Statutes. RFQ 2015-160-YG Appendix E — Page 1 64 APPENDIX F MIAMI BEACH Sample Contract 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 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 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 SCHEDULE D 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 r ese ry ed to t h e City Comm i ssion o r regulatory o r 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 2015-160-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 2015-160-YG 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 2015-160-YG 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 arties agree ree as follows: P 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, P q P P 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 properly subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services 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 2015-160-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 it 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 "D" 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 2015-160-YG Appendix E - Page 17 82 1 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] II 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 ( ) P 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-YG 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 by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding, either for the Services or the Project(or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty(30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another Consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual 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 recedent to release of any payment which may be due to Consultant under P YPa Y Y 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, Y p Y q , 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... Proiect 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 9 9 PP herein; P 9 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 r 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 r SCHEDULE D COSTRUCTION COST BUDGET RFQ 2015-160-YG Appendix E - Page 35 100 r SCHEDULE E PROJECT SCHEDULE I RFQ 2015-160-YG Appendix E — Page 36 101 r 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 2015-160-YG Appendix E — Page 38 103 r SCHEDULE H BEST VALUE AMENDMENT The Consultant agrees to abide by all the required documentation of the City's Performance Information Procurement System and submit the weekly reports. RFQ 2015-160-YG Appendix E — Page 39 104 I ATTACHMENT C CONSULTANT'S RESPONSE TO THE RFQ 35 a .. :r24 =\_ 'I r 111 '�:; _ , a� ,.� fir.:£ Y � i 4- 1( tl\ t � s •- ...s.% 10*.t.......4. • t , t t )-- c to ': a� .._�:i .,, Nom. --r 3 I \�^ .-",�cry v;`t rk '3::.,-,L t ,� ! , 7,`,\ . • t — I � ��l�\ �r ,+ '-.... `•tit _ , ...- 3.44,..c.:-...-- "----.--....,'•-77,,,:' - - ... . ---. A ...,,...‘,. \, ,_ 7,_.-:\-...2.:4\_,:: .,- ,. _ c 7f J„-_. vk,vx. ., _ , _ _ / \ .. �� • ' \ 410 ....•-- . . "..i., •F-!,Iit.. " lL " '` AI! ley y _� . z ` t 1 • ......%i 0.‘ '0". -.t. 0 ..t..Iii . . \ -. \.\ '''.**.,00%.,***1--` 11\1"st,* ' •‘ - \ - \\\V\N -#,,,,,** 0,06 ,,*. .. 10\-11, — . ,. . , .\ . . • ,.,..„., ,,, r ..........,. .... ,It '. , .,.&, ,,\ , \ \\\, ' . .....jil , . ,.....„—........emivilk. .■ , . . . . . \ \ C I TY 0 F , . , . .,_ . .... ---- ,. , , ;' ,IIIIttri\-,,'------„--...-„,--:-----,- ----iht A , BEACH , , , t, , , ,„ ,, . , . ,. I i , i i f,s%,N ,, '''''..,- .i ' PT. ‘..N, 4 Constructability, Cost, and Value . i !i ,.. g g En ineerin Review Services, ',' i! ,,- � ; REQ No. 2015- 160-YG .1.1.-- , i .... ii. • . r,{ , f: , \ \ August25, 2015 . - : ....' .. . a }i '\ } ' 1 ..; . .'qk,'..•'.'.., \:. . 4 t `' j , KEITH and SCHNARS, P.A. . i .0 -Ji FLORIDA'S 7: •0/ LOCAL FIRM I (�J. &4 y ^�`�^ KEITH and SCHNARS,P.A. -\ �'•=" FLORIDA'S gig LOCAL FIRM I August 24, 2015 L I Miami Beach City Hall Procurement Department CITY OF 1700 Convention Center Drive, 3rd Floor MIAMI BEACH Miami Beach, Florida 33139 cons�c>&,u,Cost cog Value Engineeting Review Services RFO No 2015-1604G RE: CONSTRUCTABILITY, COST, AND VALUE ENGINEERING AuguSt252015 REVIEW SERVICES • RFQ No.2015-160-YG [IIfn W!(yypr 4 _ f4YUDS�If%+Y.fgk Dear Selection Committee: Keith and Schnars,P.A.(K&S),in association with its subconsultant EJM Consulting Services,LLC (EJM),is pleased to present our professional consulting experience and qualifications for your consideration. K&S is proud of our long-standing relationships with municipalities in the Tri-County area,including the City of Miami Beach. Having provided previous Transportation Planning and Civil design services to the City,it would be a privilege to continue working with you. Our work can commence immediately upon selection and authorization. Finally,while reviewing our submittal,you will note that K&S offers the City the following strengths: • Proven Municipal Engineering and Consulting Experience • Versatility of Personnel • Responsiveness and Effective Project Management • Extensive Knowledge of the City needs PPrIVFNI FIof':!t'JFFPII.lez., A4tort FVDFPaFkI r K&S has maintained a long history of working with public entities and bringing beneficial projects to fruition for our clients. Many of our client relationships extend over 25 years,illustrating our commitment to providing top quality services in our community. Further,because South Florida is where our employees work,live,and play,our firm has a vested interest in making our community,including Miami Beach,a better place. We not only understand the technical aspects of a project, but we also understand the key goals of our clients - the successful,timely completion of projects. In 2012,we celebrated 40 years in South Florida. In that time,we have provided services to over 58 cities,22 towns, 17 counties,and 12 state agencies,in addition to private,commercial,and community developers. Further,we fully understand what it takes to be in compliance with the many agency rules,including regulations and requirements for design,contract administration,inspection,and oversight of materials sampling and testing from Pre-construction through Final Acceptance and Closeout. This experience has given us an understanding of the interests at stake,making K&S well-suited to provide the City with the sound advice and proven expertise necessary to facilitate successful projects. As evidenced above,and through Engineering News-Record,K&S is one of Florida's top Multi-Discipline Engineering and Surveying firms. VERSATILITY OF PERSONNEL - FLORIDA'S "BIG =t; A'; ��r V" LOCAL" FIRMr `B IN The key individuals identified in this submittal represent only .,1 1 0 - no the surface of the professional capabilities that K&S can offer 1 me –�! `y the City. The depth and experience of our multidisciplinary, T - le is professional staff is unparalleled. We are Florida's "Big Local" Firm. Many of us have worked side-by-side for over 10 years, demonstrating an increasingly rare staff continuity upon which = _ Y the City can rely. Due to these long-lasting relationships, the City can be assured that these professionals will be the staff who will work on the projects throughout the duration of the contract. Page 1 6500 North Andrews Avenue • Fort Lauderdale, Florida 33309 • (954) 776-1616 • Fax (954) 771-7690 fl 11,7 be Q 4014, 1 Ash jdfS r• occPrIkKI PMFcc ANTI cCFcr'1 u/C AA AW M ,FMFW T K&S staff members are available at the behest of City officials on short notice. Staff in our Miami Office will provide day- to-day coordination with City staff. This contract requires a management plan designed to specifically address the staffing, monitoring, planning, and communications challenges that can inevitably occur. Our management plan will set forth well-documented and understandable procedures,allowing staff to be efficiently managed. Specifically,our management plan provides: • An efficient management system,with clearly defined roles and responsibilities for scope,schedule and budget • A Project Manager,once a project is assigned,as the primary point-of-contact for the City • Quick-turnaround capability • Compliance with individual task schedules and budgets • Flexibility to respond to changes in scope and direction • Quality assurance and quality control throughout all phases of a project Because we understand our clients' desire for a consultant capable of delivering projects on time and schedule while maintaining quality,we establish and implement a Quality Control Plan on all of our work.Our Quality Control Plan is based on the philosophy that: • Quality is achieved by proper planning,coordination,supervision,and the appropriate use of skilled personnel • Quality is controlled through checking,reviewing and monitoring of work activities by individuals outside of the Team • Quality is verified by having a Senior Manager performing QA/QC functions • Quality is assured through independent reviews by qualified staff through each stage of project development We understand both the importance of this contract and the significance of your decision;we simply request that during your review of our submittal,you give particular consideration to the strengths that K&S will bring to the City. Serving YOU is our top priority and we look forward to the opportunity. As Team Project Principal, I will ensure that your expectations are exceeded. Please do not hesitate to contact me at (305) 477-1616 or at mmoshier @ksfla.com should you have any questions. Respectfully submitted, Mark J.Moshier,P.E. Vice President o f Trans portation Services Page 2 6500 North Andrews Avenue • Fort Lauderdale, Florida 33309 • (954)776-1616 • Fax(954) 771-7690 r ,I, - ,: r TAB 1 : • • Cover Letter & Minimum Qualifications Requirements A D \ 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 @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: Keith and Schnars,P.A. No of Years in Business: No of Years in Business Locally: No of E to ees: 42 years 29 years 120 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 6500 North Andrews Avenue CITY. Fort Lauderdale STATE: ZIP CODE: FL 33309 TELEPHONE NO.: (954)776-1616 TOLL FREE NO.: (800)488-1255 FAX NO.: (954)771-7690 FIRM LOCAL ADDRESS: 10305 N.W.41st Street,Suite 112 CITY: Doral STATE:. ZIP CODE: FL 33178 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Mark J.Moshier,P.E. ACCOUNT REP TELEPHONE NO.: (954) 776-1616 ACCOUNT REP TOLL FREE NO.: (800)488-1255 ACCOUNT REP EMAIL: mmoshier @ksfla.com • FEDERAL TAX IDENTIFICATION NO.: 59-1406307 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 II. KEITH and SCHNARS,P.A. Page 4 FIAR(DAS$lk LOCAL FIRM - ---— — y MOW. n t t Y r TAB 1 : Cover Letter & Minimum Qualifications Requirements . '.").;"'".7:I-- 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 public 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. •. .. , -. ..• _ ... -.. _.. .. .. • . _ ..• . . ••- - ••••:, --- -••..- - - - - - -•- . . .. . - - , -. . e __ •••• - -- ••- • .. _ RFQ 2015-160-YG Appendix A—Page 2 Page 5 KEITH and SCHNARS,P.A. RFQ Na.2015460-1G �— FLORID&61k LOCAL FIRM TAB 1 : Cover Letter & Minimum. Qualifications Requirements MIAMI BEACH _ - - _e: _ .. , _ • .•e'•! . - t -.::••:, •e - .. .- -•- : - - .• - . • .0. . i•e,.6ity-rnay-atserty - e . . - - •- - •- • ' •. ' ..e: . - •• .• .. •.. . - .. •e. • . . • .. .. . 'mplement• same(in a particular ye*r1 Prepesefs!faituce to ply-with this-pcovisien-shad c-.. . •• . .-- , • .- '• -• •• - ••. , at-its-sate-opti, .... _ _ - . -•• - - - - . - _.• .. . • . •. •. - . --- - e -- -•- fines,-a mended. Fug . ing-Wage-fequirement-s - ' • -- '• - - --- meet/ •su8MlT:A r i i : - .•. - .e • - •-- . _ - - -• •2 •s-affidavit-desument Proposer agrees to-the-U ng-wage-feguiremeF 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) Spouses Domestic Partners Health Yes Yes Sick Leave Yes Yes Family Medical Leave Yes Yes Bereavement Leave Yes Yes 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 i J KEITH and SCHNARS,P.A. Page 6 FLORIDAS alk,LOCAL FIRM °." RFQ Ala•2015-160-YG TAB 1 : • Cover Letter & Minimum Qualifications Requirements 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 ' Initial to Confirm Initial to Confirm Receipt Receipt Receipt MA Addendum 1 Addendum 6 Addendum 11 MA Addendum 2 Addendum 7 Addendum 12 MA Addendum 3 Addendum 8 Addendum 13 MA Addendum 4 Addendum 9 Addendum 14 MA 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 Page 7 J KEITH and SCHNARS,P.A. RFQ No 2015-'160-YG f J; FIARIDAS 8I,LOCAL FIRM r TAB 1 : Coves Letter & Minimum Qualifications Requirem=ents 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 KEITH and SCHNARS,EA. Page 8 FLORIDAS&[oCAL FIRM Y :RR1 No_2015460 YG • sl`r?t a a'r TAB 1 : Cover Letter & Minimum Qualifications Requirements imisiminmErwm77--- MIAMI BEACH _ :.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 taws;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: Mark J.Moshier,PE. Vice President Signature of Proposer's Authorized Representative: Date: 8/24/15 State of FLORIDA ) On thisa' day of ,20�., perso appeared before me , .,;�.i' who oun of •_t ! .�) stated that (s)he is the of . fli .lti: 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: Ajparip , N. y Public f' the State f Flork J My Commission Expires: S/ .w • MARLENE PINNOCK MY COMMISSION 8 EE 142118 ▪ J EXPIRES:February 13,2016 *Ware▪ re Bonded Thru Notary Public Underwriters „4M RFQ 2015-160-YG Appendix A— Page 6 Page 9 KEITH RS and SCHNARS,P.A. RFQ Nob 2015,141 — -- FLORIDXS LOCAL FIRM TAB 1 : Cover Letter & Minimum Qualifications Requirements Item 3 References and Past Performance (3) Firm Name:FDOT District 4 Contact Name/Title:Carolyn Gish,P.E. /District Construction Engineer • Address:3400 West Commercial Boulevard Fort Lauderdale,Florida 33309 Phone:(954) 777-4381 E-mail:carolyn.gish @dot.state.fl.us Responsible for constructability plans review,development of construction schedules,construction contract time and cost estimates for various projects prior to advertisement ,„„,r7,777:717*****'' - for construction. Firm Name:FDOT District 6 Contact Name/Title:Mario Cabrera,RE. 44# /District Construction Engineer Address: 1000 NW I I I th Ave.Miami,Florida 33172 ,;,. Phone:(305) 640-7456 4a ` E-mail:mario.cabrera @dot.state.fl.us Responsible for contract administration, construction management, engineering and inspection of the reconstruction of Okeechobee Road including a concrete along the Miami canal and widening of two bridge returns. ,741011110 Firm Name: Broward County,Highway Construction and Engineering Division Contact Name/Title:Richard Tornese,P.E./Director Address: I University Drive,Suite 305 Plantation,Florida 33324 Phone:(954) 577-4579 E-mail:rtornese @broward.org Responsible for design and supervision of roadway projects � ; and construction management of on-going construction projects.Review schedules,cost estimates and supplemental agreements. Item 6 Code of Business Ethics se �- Keith and Schnars, P.A. will adopt, as required in the ordinance, The City of Miami Beach Code of Ethics -: (attached). - KEITH and SCHNARS,P.A. Page 10 FLORIDAS 1 k LOCAL FIRM - � 0.2015 7 60-YG TAB 1 : Cover Letter & Minimum Qualifications Requirements RESOLUTION NO, 2000-23879 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH REQUIRING THAT CONTRACTORS ADOPT A CODE OF BUSINESS ETHICS PRIOR TO ENTERING INTO A CONTRACT WITH THE CITY OF MIAMI BEACH WHEREAS, the Greater Miami Chamber of Commerce ("GMCC") adopted a Model Code of Business Ethics(the"Model Code");and WHEREAS,the City of Miami Beach is a member of the GMCC;and WHEREAS, the Model Code, attached hereto as Exhibit A, is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community;and WHEREAS, the GMCC encourages its members to adopt the principles and practices outlined in the Model Code;and WHEREAS,the Commission believes that each entity which does business with the City of Miami Beach should be required, as a condition of doing business with the County to adopt a Code of Business Ethics. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: Section 1. 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 City Manager or his or her designee prior to execution of any contract between the contractor and the City. The Code of Business shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations including, among others, the conflict of interest,lobbying and ethics provisions of the City Code. Section 2. The Commission urges the Greater Miami Chamber of Commerce to require that all of its members adopt the Model Code of Business Ethics. Section 3. This resolution shall become effective immediately upon its adoption. BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 150 Page 1 1 KEITH and SCHNARS,P.A. RFQ.No 2016-160 4G tt ;:� � FLORIDAS y itIOCAL FIRM TAB 1 : Cover Letter & Minimum Qualifications Requirements PASSED and ADOPTED this 12th day of April 2000 ATTEST: YOR Vta Mike- C CITY CLERK • APPROVED AS TO FC°RM& UAC,'= &FOR EXECUTION BID NO: 10-03/04 CITY OF MIAMI BEACH DATE:12/19/03 151 KEITH and SCHNARS,P.A. Page 12 FLORIDAS elk LOCAL FIRM - RFQ No 2015 160'-Yt r TAB 1 : Cover Letter & Minimum Qualifications Requirements GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCC')seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers,clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations'business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. The GMCC believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. Compliance with Government Rules&Regulations • We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; • In dealing with government agencies and employees,we will conduct business in accordance with all applicable rules and regulations and in the open; • We will report contract irregularities and other Improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment,Selection&Compensation of Vendors and Suppliers • We will avoid conflicts of interest and disclose such conflicts when identified; • Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickback. Business Accounting • All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; Going Business with the Government BID NO: 10-03/04 CITY OF MIAMI BEACH DATE: 12/19/03 152 Page 13 - KErrH and SCHNARS,P.A. FLoRIDX.s gitLOCAL FIRM , j I TAB 1 • Cover Letter & Minimum Qualifications Requirements • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; • We will,to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Publid i.ife and Political Campaigns • We encourage all employees to participate in community life, public service and the political process; • We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; • Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; • We will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign information or support those who do. Keith and Schnars, P.A. Mark J.Moshier, P.E. Company Name Corporate Officer 8/24/15 Date BID NO: 10-03/04 CITY OF MIAMI BEACH • DATE: 12/19/03 153 KEITH and SCHNARS,P.A. Page 14 FLoRIDAS ail/LOCAL FIRM K`: RFQ No.2015-t60-YG TAB 1 • Cover Letter & Minimum Qualifications Requirements :. - ...r.....r.„,_,.....„„ . State ófwF r1..., ._ .,. . . .Board:of Professional:Engineers Attests that - Keith & Schnars, P A. —BPE is authorized under the provisions OF,Section.471:023,.Florido Siotutes,to offer engineering services to the public through a Professioaol Engineer,duly licensed,uuderCChapter 471,Florida Statutes. Expiration: 2 28;20I^ - '; CA Lic.No Audit No: 2282017033U- = ,'•� f + 1337 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION r71-1)-, BOARD OF PROFESSIONAL GEOLOGISTS L iceNSe NUMBER .GB99 - The GEOLOGY BUSINESS t ,. - Named below IS CERTIFIED ��oi,�.rt`,i` Under the provisions of Chapter 492 FS Expiration date' JUL 31 2015 KEITH&SCHNARS P.A. • .• • T i 6500 N ANDREWS AVE t ,- FT LAUDERDALE FL 33309 '-t igrei,I; +II e.:4,:t; Florida Deportment of Agriculture and Coa umer Servkcs Division of Consumer Service License�o.:LB1337 Board of Professional Suresors and Mappers F�c�iruion Date Fet*ruary?t3,201 i 2005•�palachee Pksvay Tallahassee,Florida 32.399-6500 Professional Surveyor and Mapper Business License Undo•the provisions of Chapter 372•Florida Statute KEITH&SCHNAFLS P A 6500 N ANDREWS AVE r FT LAUDERDALE,FL 33309.2133 '-'`"''G. ' \DAM H,PUTNAM COMMISSIONER OF AGRICULTL•kE 'I:-„,,w,c,ty Cs,If~pt, -:tart y,1:,,v3Tsy-'.ncx•tine axl ^at 9e'ba-a:.rtr 7:,ra:ir.ran:1 HC.,C".+':`IraSitu-n STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION i BOARD OF LANDSCAPE ARCHITECTURE CI at'.i...141*V.1,.4%1:.n. Lccosot37 fir 470.1. 1 The LANDSCAPE ARCHITECT BUSINESS '';nti• Named below HAS REGISTERED L..1 Under the provisions of Chapter 481 FS. Expiration date NOV 30,2015 KEITH AND SCHNARS,PA I 6500 N ANDREWS AVE zr FT LAUDERDALE FL 33309-2132 t1Yt,HOER Page 15 15� KErrH and SCHNARS,P.A. r r-( ' - 2 FIORIDAS 51/LOCAL FIRM I TAB 1 : Cover Letter & Minimum Qualifications Requirements SR-823/Red Road Reconstruction Cost Savings Initiative, FPID 249941-1 -52- The following are some of our completed and on-going 01, Miami-Dade County, FL: K&S staff was project assignments with similar scope in the last five years: responsible for overseeing design and preparation of a value engineering analysis to modify the drainage system, traffic Districtwide In-House Consultant Contract control plan and culvert extension for the reconstruction Plans Review Support Services, FDOT of SR-823/Red Road between W. 46th Street and W. 54th District 4: Responsible for initial, constructability and Street from a 5-lane undivided section to a 6-lane divided biddability phase plan reviews and qualityAssurance reviews urban section.The project also includes value engineering related to various transportation facility improvement to change a proposed steel sheet pile bulkhead wall to a projects. Transportation facility types which have been concrete post and panel wall and the modification of bridge reviewed include freeways,urban and rural arterials,urban widening design to incorporate pre-stressed flat slab units and rural collectors, and local streets. Project work types and fiber reinforced concrete. which have been reviewed include new construction, reconstruction, milling, resurfacing, widening, drainage Client/Contact: MCM Corp./Christopher Bacallao, P.E., Phone: improvements,signing and pavement markings,signalization, (305) 541-0000. (9/12 to 7/15), cost or fees paid to K&S: lighting,and landscape improvements and structural design. $457,132, total cost of construction: estimated $13,941,000/ The scope of work has included the review of all pertinent actual:pending. contract documents including typical sections approvals, specifications,design reports,safety reports,cost estimates, SR-823/Red Road Reconstruction Cost drainage reports, pavement design reports, environmental Savings Initiative, FPID 249941 -6-52-01, reports,computation books, permit documentation, utility Miami-Dade County, FL.. K&S staff oversaw the coordination, etc. K&S has performed over 100 plan and design and preparation of a value engineering analysis to estimates reviews for FDOT District 4 under this contract. modify the drainage system and roadway design for the reconstruction of SR-823/Red Road between W. 54th Client/Contact: FDOT District 4/Luis Barrios, luis.barrios @dot. Street and W. 65th Street from a 5-lane undivided section state.fl.us, Phone: (954) 777-4329. (3/11 to Present), cost or to a 6-lane divided urban section.The project also includes fees paid to K&S:based on task. value engineering to change a proposed steel sheet pile bulkhead wall to a concrete post and panel wall. Client/Contact: MCM Corp./Christopher Bacallao, P.E., Phone: (305) 541-0000. (1/15 to Present), cost or fees paid to K&S: $233,780, total cost of construction: estimated $19,788,000/ actual:pending. 1 ii s . N, ,� k Oa - , .. Ala- rii ifW. F— n^_ fit. .-....,i4 E.:' = k, - ry ._ __ •tea- Est _" . ".. . 4 �! Y ` :.. �w.r :r ' -• w 4. 'G Esc a.. '` : Ak in J KEITH and SCHNARS,P.A. Page 16 FLORIDAS 5I$'LOCAL FIRM ' 7 7,`�� `. RFQ No 2015-160-YG r TAB 1 : Cover Letter & Minimum Qualifications Requirements A, ,: . , Client Contact Duties/Responsibilities/Description Service Dates Benjamin Burton/Todd McGee As plans review engineer Mr. Ortiz was responsible for performing Phone:(954) 777-4137 constructability reviews using Electronic Review Comment (ERC) 3/13 to E-mail: System software for various roadway projects prior to letting by the 9/13 Benjamin.burton @dot.state.fl.us FDOT.The work included the development of preliminary construction Todd.McGee @dot.state.fl.us schedules and determination of contract time and estimated cost. Project Engineer/Administrator-Provided CEI services on a grouping of five projects along US-4I in Lee and Charlotte Counties.Two of the five Leighton M.Elliott,RE., projects included: SR-867, McGregor Boulevard from College Parkway FDOT District I Construction to Keenan Avenue, Lee County (FM No.4252281 620 I).These projects Manager involved milling and resurfacing of 0.36 miles of roadway, widening of 9/1 I to Phone:(239) 985-7869 shoulders, drainage system reconstruction, sidewalk improvements, 9/13 E-mail: signing & pavement markings and signalization; Pine Island Road/SR-78 Leighton.Elliott @dot.state.fl.us from US-4 I to Del Prado Boulevard,Lee County(FM No.4252301520 I) involved milling and resurfacing, widening of 2.6 miles of roadway for bike path,shoulder treatment,drainage improvements,de-silting,curb & gutter,guardrail,sidewalk construction,signing& paving and signalization. Design Section Manager - $9 million, 1.3 miles widening and reconstruction project from 2 to 4 lanes,the work included construction Richard Tornese,Director of a new drainage system,signalization,signage and pavement markings, 6/09 to Phone:(954) 577-4579 landscape and irrigation.Responsible for the construction management, g/I I E-mail:rtornese @broward.org contract administration,schedule review and monitoring,inspection and supervision of all contractor operations,including installation of a major retention pond. Design Section Manager -A $23 million, 1.2 miles new 4-lane highway construction project from Power Line Road to West of the Turnpike Richard Tornese,Director including a concrete bridge over the Turnpike,drainage system,lighting, Phone:(954) 577-4579 signalization, sidewalk, landscape and irrigation, signage and pavement 6/09 to E-mail:rtornese @broward.org markings.Responsibilities included construction management,inspection 8/1 I and supervision of all contractor operations including installation of a reclaimed water main, paving, testing and sampling of materials and contract administration. Design Section Manager -A $9.I million, 1.4 miles new 4-lane highway Richard Tornese,Director from Sunrise Boulevard to Oakland Park Boulevard. Mr. Ortiz was 6/09 to Phone: (954) 577-4579 responsible for design and roadway plan preparation of completed 8/I I E-mail:rtornese @broward.org project including new drainage system sidewalk,pavement markings and signalization. \' S, ,r 4111 • a d M' ' t I ( ■/ \* Page 17 i [a;ITH and SCHNARS, RFQ No.2015-160- �J FLORIDASi'LOCALFIRM TAB 2: Experience & Qualifications r ` Representing the continuation of historic firms dating to 1929, Keith and Schnars, P.A. (K&S) was incorporated , �"'` • in 1972. Today, the multi-disciplinary firm has over 120 '° : employees in offices throughout Florida, and offers a full - Q T� range of engineering,survey,landscape architecture,planning, — .f A. ,,-- transportation planning, and environmental services. Our strengths lie in our long history,depth of staff,and diverse -, and extensive experience serving public and private sector clients. OUR CLIENTS Our client base at K&S is extremely diverse.Our clientele - includes private developers, municipalities, contractors, architects, utility companies, state agencies, and an impressive number of City and County governments.The abbreviated listing of our long-term clients below gives some indication of the importance we place on maintaining relationships. } • City of Marathon (2002 - 2007) • Monroe County (2009 - Present) • City of Miami Gardens (2012 - Present) AVS.3 4 • City of North Miami (2011 - Present) F • Broward County (I 985 - Present) • City of Boca Raton (I 995 - Present) process, construction inspection and observation, site • City of Fort Lauderdale (2002 - Present) engineering and improvement design,roadways and parking, • City of Port St.Lucie (2002 - Present) surveying, lighting design, landscape and irrigation design, • City of Sebring (1995 - Present) environmental studies, permit and approval processing • FDOT District 1 (1993 - 2006) and public presentations. In fact, K&S has provided site • FDOT District 2 (I 993 - Present) engineering, infrastructure design and construction • FDOT District 4 (1993 - Present) observation for numerous mixed-use and single-purpose • FDOT District 6 (1993 — Present) land developments, including public buildings, office • FDOT District 7 (I 993 —2003) parks, shopping centers, parks and recreational facilities, • Miami-Dade County (2002 - Present) commercial,industrial and single and multifamily residential. • City of Doral (2012 - Present) • Palm Beach County (1998 - Present) Our Water Resources group offers hydrologic/hydraulic • Seminole Tribe of Florida (2002 - Present) analyses for site-specific flood (drainage) studies to • South Florida Water Management District more complex large watershed stormwater management (2002 - Present) programs.We use a variety of software including HEC-HMS • City of Tamarac (2008 - Present) (HEC-I),HEC-RAS (HEC-s),AdiCPR,SWMM,HSPE,UNET • City of Pompano Beach (2001 - Present) and others in our analyses;which ultimately lead to design, permitting,and production of construction documents. The following provides insight into the types of services we provide as related to this project scope of work. Our Private Sector resume includes a list of well-known private land development projects and clients; both CIVIL ENGINEERING SERVICES commercial and residential.We provide a variety of services to these clients including preparation of DRI's, master Our full range of services includes site and master plans, planning, site plans,water, sewer, and drainage design, due water distribution and treatment systems, sanitary sewer diligence studies, permitting,and construction observation collection and treatment systems,storm water management, for projects ranging from 2-acres to 5000-acres. Please cost estimating, construction documents and bidding note, having completed close to 100 DRI's, we arguably Page 19 J7; J KEITH and SCHNARS,P.A. RFQ No 2015-160-YG FLoRJDAsgjit LOCAL FIRM r TAB 2: Experience & Qualifications have more experience in this area than any other firm in and social/alternative systems studies.The Division's Vice Florida. From large modeling and master plans to specific President, Director, and Senior Project Managers are all construction documents and inspection services, our full drawn from the FDOT,and their experience and expertise array of Civil Engineering services provides the versatility is unparalleled in the State of Florida.And if you've driven required to adapt to the diversity of project needs and on 1-95 just about anywhere in South Florida,whether you objectives for both our municipal and private clients. know it or not,you're already familiar with their work. ROADWAY ENGINEERING SERVICES CEI SERVICES/RESIDENT PROJECT REPRESENTATION Our Highway Engineering Division provides transportation engineering and related services on all types of highway Construction management requires the ability to work with and road projects, including access roads in residential others while maintaining a clear view of the process and areas, multi-lane divided expressways with bridges, tolls the systems to manage. Therefore,we offer the following and interchanges for the FDOT, county and municipal construction engineering and inspection services: road departments.A typical project includes the design of signalized intersections, signing and marking plans, closed • Project management storm drainage and retention pond systems,sound barrier • Schedule monitoring walls, landscape plans, new street lighting system, design • Cost monitoring survey and utility location and coordination.The Division's • Contract administration current service offering includes geometric design, signing • Expert witness testimony and pavement marking, signal design, lighting design, drainage and scour analysis, interchange design, control ' r z IMO plans,utility and railroad coordination,and pavement design _- and safety reviews.Additionally, our staff has expertise in '''-` 1' - i` Project Development and Environment (PD&E) studies :r- i , ' .tea 0, )' - r — e, ; `� 3 y ;x , t - Y�;47 _ !�.• _ -•.115 r I -Velte"0+ --Na...-_ -. 7 ' Cfc,,,,—. .„--- -__ _ -,,,, , leii1/4; _,.--. .ice -; Our experienced project managers are trained in planning, ,,,,Q--> ,,,,., �, ! organizing,and monitoring a wide variety of construction•� �..,� projects. We help our clients define project goals, �• �'._ �, ,�•,,, coordinate team communications, and establish reporting �/ sue_. - '' -., systems that assure the successful completion of their , jam, projects,provide contract administration and construction - -• ` � `• engineering and inspection services. For instance, our $ f 1 ' construction personnel will monitor the contractor's on-site construction operations and materials. All our s -, 4;: TAB 2: Experience & Qualifications i` x .x - - Airi" I 111 0161411 , - _ ILL . < titer 7 . , - preparing signal warrant studies, capacity and corridor • analyses; and preparing and presenting safety studies, neighborhood traffic management studies, and traffic requires some form of permitting,whether it is local,county, calming analyses. We have expertise in developing and state or federal. So, in addition to providing clients with reviewing transportation impact studies in support of future practical advice regarding grant monies that can be utilized land use plan amendments,traffic concurrency evaluations, to add value to their projects,we also provide them with trafficway evaluations, and large-scale developments of engineering consulting services in the area of permitting. regional impact. Using the most current industry software We have considerable experience in these matters, having and computer applications, including CORSIM and VISSIM worked in numerous political jurisdictions throughout for network simulations, and Synchro, CORSIM, and HCS the state of Florida, on projects involving all levels of for intersection and corridor system analysis,as well as the government. K&S applies LEED principles in land planning, FDOT developed LOS Plan software suite,we have applied sustainable site development,civil engineering and landscape our services to the most basic intersection analysis as well architecture.K&S has LEED certified planners,and over 25 as more complex problems such as three dimensional K&S professionals, including planners, landscape architects microscopic simulations of complex interchanges. Finally, and civil engineers who completed a LEED workshop on rest assured that we have the depth to react quickly and the Green Building Rating System. work on multiple assignments simultaneously. By choosing K&S, you will have at your disposal resources and staff TRAFFIC PLANNING AND ENGINEERING committed to successfully complete all assigned tasks SERVICES within schedule and budget. Our transportation planning team includes licensed LANDSCAPE ARCHITECTURE SERVICES professional engineers, with working relationships that extend over 20 years who keep current in their experience K&S' landscape architects have the technical background by providing ongoing services to municipal, state and and experience to provide high quality services from initial private sector clients. The length, diversity and currency planning, to construction observation and final inspection. of our experience provide us a thorough understanding of We are accustomed to managing multiple concurrent the latest industry practices and technologies in order to projects for a single government client.The projects we better serve your needs. have successfully completed recently have included parks, streetscapes, community enhancements, traffic calming, K&S has considerable experience in providing traffic beautification, roadway improvements, and municipal engineering review services for development petitions facilities. Our landscape architecture team has provided submitted to local and State agencies. These services services to over eight municipalities/agencies in the past include participating and presenting technical traffic five years,with projects including City Halls, Public Works engineering commentary during Development Review Facilities, municipal complexes, and fire stations. Services Committee (DRC) meetings;evaluating the transportation for these projects have included preliminary studies, site impacts associated with master plans, and site plans; planning, irrigation design, site amenities design, planting Page 21 KEITH and SCHNARS P.A. RFQ No.2015-160-YG - FLORIDA 501 LOCAL FIRM f TAB 2: Experience & Qualifications ' F Iik, A y` ,111140P '' 111, 0,-` ,,, ,. ‘ _ -4-.„7‘: - '‘`,.. ',".?...;., ' 40.111 ' i z.xillF� Z �V: ,7 mot` 4 et....-. 6ifi;e .++s 1 ,�'7 these governmental agencies with services on all types of ;,.,.,,.n- bridge projects, from small access road bridges, to major ,�"° bridges providing vital transportation links.We also provide .'�^ � ��; g P g P P - plan phase reviews and constructability plan reviews;Project • T " • li Development and Environmental (PD&E) Studies; bridge ,,: development reports; bridge and associated retaining wall --�r . ,. V '" ,tom y design; bridge inspection and bridge rehabilitation; bridge - construction engineering and inspection; and structural i design of overhead signs,signal mastarms,lighting,and box culverts.We also provide a full range of services for other miscellaneous structural projects, including piers, docks, utility crossings and supports, boardwalks, marinas, and pedestrian bridges. PROVEN SCHEDULE AND BUDGET ADHERENCE plans, tree preservation plans, development review approvals and permitting. K&S is a firm dedicated to the timely and cost-efficient delivery of our services and supporting our communities We have provided landscape architectural services for and its DBE firms.At the 2015 annual Florida Institute of more than 30 parks and recreation projects in the past five Consulting Engineers (FICE) meeting we received an award years. Successful completion of these projects has required for having the highest percentage of DBE utilization (29%,to a strong start,strict attention to detail,efficient finalization, be exact)of all engineering consultants in the state of Florida. and facility designs that can be properly maintained upon Our commitment to customer service and quality has earned completion. Additionally, we have provided landscape us a number of other peer and industry recognition. For architectural services for over 50 streetscape, traffic instance,K&S was selected as the winner of the 2011 Greater calming, and roadway landscape projects in the past five Fort Lauderdale Chamber of Commerce Transportation years,for both state and local municipalities.Services have Firm of the Year; our Seminole Coconut Creek project included master planning,design development,construction was named Project of the Year by the Broward County documents, permitting, bidding, public outreach, and Branch of the American Society of Civil Engineers;and our inspections.Our designs have included hardscape,irrigation, Matanzas Woods Parkway Interchange Project was named site amenities,planting,and street and pedestrian lighting. the Local and State Agency Collaboration Project of the Year by the Florida Association of County Engineers and STRUCTURAL ENGINEERING SERVICES Road Superintendents. K&S has provided structural engineering services to the In 2009 we took home a Best Places to Work Award at FDOT, County governments, municipal road departments, an event co-sponsored by Polk Works Workforce 2020 and numerous private developers. We routinely provide and the United Way of Central Florida. In 2007, the j�,2 j KEITH and SCHNARS,P.A. Page 22 F LORI Dns 51,LOCAL F[xM RFQ No.2015-160- G TAB 2: Experience & Qualifications Florida Chapter of the American Planning Association SIMILAR RELEVANT PROJECT EXPERIENCE selected one of our planning projects, the South Miami- Dade Watershed Study and Plan, for a prestigious FAPA The following are some of our completed and on-going Award of Excellence; McGraw-Hill Companies, publisher project assignments with similar scope in the last five years: of Business Week Magazine,selected Keith and Schnars as one of the Southeast's Top 50 in Design;and Engineering Districtwide In-House Consultant Contract News Record named Keith and Schnars one of the Plans Review Support Services, FDOT nation's Top 500 engineering firms. The year before that Keith and Schnars took home two of the twelve Best in District 4: Responsible for initial, constructability and Construction Awards given out by the FloridaTransportation biddability phase plan reviews and qualityAssurance reviews Builders'Association, a 73-year old non-profit organization related to various transportation facility improvement that many consider the "the voice" of Florida's road and projects. Transportation facility types which have been bridge building industry. Below,we list some of our other reviewed include freeways,urban and rural arterials,urban recent peer awards. and rural collectors, and local streets. Project work types which have been reviewed include new construction, • Florida Transportation Builders Association (FTBA), reconstruction, milling, resurfacing, widening, drainage Florida's Best in Construction Special Significance, 2014. improvements,signing and pavement markings,signalization, 1-95 & 1-595 Interchange, Broward County, Quality lighting,and landscape improvements and structural design. Construction. The scope of work has included the review of all pertinent • South Florida Business Journal, Finalist, Business of the contract documents including typical sections approvals, Year Award, 2008, 2007, 2006, 2005. specifications,design reports,safety reports,cost estimates, • Polk Works Workforce 2020, Best Places to Work drainage reports, pavement design reports, environmental Award, 2005. reports,computation books,permit documentation,utility • South Florida Business Journal, Finalist, Business of the coordination, etc. K&S has performed over 100 plan and Year Award, 2004. estimates reviews for FDOT District 4 under this contract. • Road and Bridges Magazine, Top 10 Bridge Project, g g p g Client/Contact: FDOT District 4/Luis Barrios, luis.barrios @dot. Evans Crary Senior Bridge Project, Stuart, Florida, 2001. state.fl.us, Phone: (954) 777-4329. (3/11 to Present), cost or • Florida Nurserymen & Grower's Association, State fees paid to K&S:based on task. Award of Excellence, News/Sun-Sentinel Production Facility, Deerfield Beach, Florida, 2000. SR-823/Red Road Reconstruction Cost • Florida Nurserymen & Growers Association, Savings Initiative, FPID 249941 -1 -52- Award for Excellence, Publix Supermarkets General 01, Miami-Dade County, FL: K&S staff was Merchandise Warehouse Facility, Lakeland, Florida, responsible for overseeing design and preparation of a value 2000. engineering analysis to modify the drainage system,traffic • American Planning Association, Outstanding Planning control plan and culvert extension for the reconstruction Project, SR-26/26A Corridor Planning Study, of SR-823/Red Road between W 46th Street and W. 54th Gainesville, Florida, 2000. Street from a 5-lane undivided section to a 6-lane divided • Florida Department of Transportation (FDOT), urban section.The project also includes value engineering A.P. "Pat"Bolton Award, SR-I 5/US 17 Milling and to change a proposed steel sheet pile bulkhead wall to a Resurfacing Project, Clay County, 2000. concrete post and panel wall and the modification of bridge • Florida Transportation Builders Association (FTBA), widening design to incorporate pre-stressed flat slab units Award for Alternative Contracting, US-I Bridge and fiber reinforced concrete. Replacement Project, Duval and Nassau Counties, 1999. • Asphalt Contractors Association, Excellence in Paving Client/Contact: MCM Corp./Christopher Bacallao, P.E., Phone: Award, SR-5/US-I Mill and Resurface Project, Duval (305) 541-0000. (9/12 to 7/15), cost or fees paid to K&S: County, 1999. $457,132, total cost of construction: estimated $13,941,000/ actual:pending. As these awards indicate,we are a firm dedicated to our staff, to our communities, and to providing high quality SR-823/Red Road Reconstruction Cost consulting services across a broad range of disciplines. Savings Initiative, FPID 249941 -6-52-01, Miami-Dade County, FL: K&S staff oversaw the design and preparation of a value engineering analysis to Page 23 ;KEITH and SCHNARS P.A. RFQ No.2015460-V ;§ i FLORID s �,r �!0 LOCAL FIRM TAB 2: Experience •& Qualifications it modify the drainage system and roadway design for the C. Bryan Wilson, P.E., (K&S), Cost reconstruction of SR-823/Red Road between W 54th Estimates and Value Engineering Reviews Street and W 65th Street from a 5-lane undivided section Mr.Wilson has over 29 years'of experience.Project Manager to a 6-lane divided urban section.The project also includes responsible for the overseeing design and preparation value engineering to change a proposed steel sheet pile of two value engineering and cost savings initiatives to bulkhead wall to a concrete post and panel wall. modify the drainage system,traffic control plan and culvert extension for the reconstruction of SR-823/Red Road in Client/Contact MCM Corp./Christopher Bacallao, P.E., Phone: Miami Dade County. (305) 541-0000. (1/15 to Present), cost or fees paid to K&S: $233,780, total cost of construction: estimated $19,788,000/ Edwin Mackiewicz III, P.E., (EJM) actual:pending. Constructability and Cost Estimates 2.2 CUALi 1Cr\ IONS OF PROPOSER TEAK Reviews Mr. Mackiewicz has over 28 years of experience in Our primary goal is to provide the City of Miami Beach Construction Engineering and Management of major with experienced and certified personnel to accomplish the transportation infrastructure projects throughout the U.S. City's goals effectively and efficiently.This contract requires Predominant projects include multi-million dollar road and some staff pre-assignment planning to ensure appropriate bridge construction and rehabilitation projects in Florida, engineering assistance and support.We have assembled an Connecticut, New York and Illinois. This includes both experienced team (See attached Organizational Chart) conventional bid and alternative bid type projects such as possessing the knowledge,skills,training and qualifications Design Build. to manage any task and fulfill the requirements of the scope of work. Each proposed member of the K&S Team With experience working for engineering firms and has been selected for his or her reputation, track construction contractors, Mr. Mackiewicz can identify record, extensive experience, and familiarity with potential plan issues and solutions prior to contract bidding. the guidelines and specifications applicable to this The following are current and past projects pertaining contract. Both Mr.Jorge Ortiz(Project Manager-K&S)and to Constructability Plan Reviews, Cost Estimates, Value Mr. Edwin Mackiewicz (Constructability & Cost Estimates Engineering and Claims Avoidance: Reviews - EJM) bring superior contract management skills and a wealth of construction experience. • Seminole County (Subconsultant to K&S).A continuing- assignment contract to perform Constructability Reviews Mark J. Moshier, P.E. (K&S), and establish Engineer's Estimates of construction cost Project Principal and time— 7 projects completed ranging from full road reconstruction,drainage and utilities. Mr. Moshier has more than 35 years of experience in the • FDOT District 7 (Subconsultant to Florida Bridge design,CEI,and project management of roadway and bridge and Transportation Inc.) Serving as Constructability projects. For eight years, he worked for FDOT District Specialty Engineer for Bridge Replacement and Roadway 6, serving as the District Construction Engineer directing Reconstruction for Knights Griffin Road east of Tampa. a multi-million dollar construction program for Miami- • FDOT District 5 (Subconsultant to Stantec) - Serving Dade and Monroe Counties. He also served as a resident as Constructability Specialty Engineer for 10 miles of engineer responsible for the contract administration of reconstruction of 14 known as "Beyond the Ultimate" all CEI projects in Miami-Dade and Monroe Counties. north of Orlando. Mr. Moshier is currently involved in the administration of • Expert Witness - Performed constructability review the General Engineering Consultant Services contract for and cost analysis as attorney's expert witness for multi- FDOT District 6. million dollar litigation on major Florida roadway project. • Ranger Construction - Served as Sr. Project Manager Mark Kline, P.E. (K&S), on several Design Build projects. Worked closely with Constructability Reviews design engineers to create the most cost effective and Mr. Kline has over 30 years' experience. FDOT Project timely design. Manager for District 4 Districtwide Plans Review • Expert Panel Participant - Served as construction contract. Responsible for over 100 initial, constructability contracting specialist for panel discussion on and biddability phase plan reviews related to various constructability issues at FDOT 2014 Design Conference. transportation facility improvement projects in FDOT District 4. ,. .j,KEITH and SCHNARS,P.A. Page 24 FIAR[DXS altLOCAL FIRM r TAB 2: Experience & Qualifications ....................w• ...._.... 1 IN. ■... ■III■ 8 mg.0111■1■110111■1111■1111MIIMM■11111 1915 • 2015 MIAM1BEACH CITY OF MIAMI B ACH PROJECT MANAGER PROJECT PRINCIPAL Mark). Moshier, P.E. I 14, PROJECT MANAGER t I Jorge Ortiz, P.E. x VALUE EN i . CONSTRUCTABILITY6h P REVIEW r 14. ANALYSIS y:. REVIEW Mark J. Moshier, P.E. Mark J. Moshier, P.E. I Mark Kline, P.E. :,, COST ESTIMATE VALUE ENGINEERING CONSTRUCTABILITY REVIEW ANALYSIS REVIEW Edwin Mackiewicz, Ill, P.E. Jorge Ortiz, P.E. Edwin Mackiewicz, Ill. P.E. EJM Consulting Services, LLC EJM Consulting Services, LLC VALUE ENGINEERING ANALYSIS 4, C. Bryan Wilson, P.E. Page 25 i,1cETTH and SCHNARS,P.A. RFQ No.2015-160-Y . �,,�' FLORIDAS 51/LOCAL.FIRM r Mark J. Moshier, P.E. E I ' Y t '' - Mr. Moshier has more than 37 years of experience in the design,construction engineering 1 ■�ti.-d- ti. •d # and inspection (CEI) and project management of roadway and bridge projects. For 8 years, he worked for the FDOT District 6 serving as the District Construction Engineer directing ';, a multi-million dollar construction program for Miami-Dade and Monroe Counties.He also served as a resident engineer responsible for the contract administration of all CEI projects in Miami-Dade and Monroe counties.Mr.Moshier is currently involved in the administration of several major complex highway,bridge,drainage and land development projects,including Academic administration and management for FDOT Distict 6 General Engineering Consultant services Background contract.Mr.Moshier is experienced in partnering principles and concepts. B.S.,Civil and Relevant Experience Environmental Engineering Clarkson University, 1977 FDOT Relevant Experinece Professional Work Groups: 10.1, 10.3 & 10.4 (27 Years) Registration Work Groups: 10.1, 10.3, 10.4 & 10.5.1 (10 Years) Registered Professional g Work Group: 11.0 - Eng Contract Admin and Management(8 Years) Engineer,FL#32016 Contract Administration for FDOT District 6 General Engineering Services Contract.This contract services as an extension of the Department's resources and support fora wide range of engineering, architectural, surveying/mapping, technical, management and administrative services.This contract services to assist bringing to completion as expeditiously as possible production of numerous projects within the work program for District 6. Client/Contact: FDOT District 6/Jason Chang,P.E.,Phone:(305) 470-5331. Contract administration for FDOT District 2's large-scale CEI program which includes several projects in the Jacksonville area including 1-95 at J.Turner Butler Boulevard interchange,major reconstruction of Wilson Boulevard,SR-10/US-90,SR-200 and Baymeadows Road (SR-152). Client/Contact:FDOT District 2/AI Moyle,P.E.,Phone:(904) 360-5562. Directed FDOT District 6 multi-million dollar construction program for Miami-Dade and Monroe counties.Contact:Gus Pego,P.E.,Phone:(305)470-5197. Construction contract administration for new interchange including toll facilities at Florida's Turnpike and NW 1 99th Street,an 8-lane reversible roadway associated with improvements for Joe Robbie Stadium. New roadway and bridge construction for the Florida Keys Bridge Replacement Program. Professional History Vice President for Transportation Services, Keith and Schnars: Responsible for the direction of all highways and structures design,and construction engineering and inspection projects,undertaken by Keith and Schnars. Responsibilities include roadways,bridges,parks, aviation services and other related facilities.(1991 to Present) FDOT District 6 Construction Engineer, Work Groups 10.1, 10.3, & 10.4, Miami-Dade and Monroe Counties,FL:Responsible for the direction and administration of construction work program for Miami-Dade and Monroe Counties.Directed multimillion dollar construction program to ensure compliance with Departmental objectives, specifications and policies, FHWA requirements and Departmental goals.Administered all personnel and activities in the District 6 construction office.Client/Contact:FDOT District 6/Gus Pego,P.E.,Phone:(305) 470-5197.(1985 to 1991) ET I i;KEITH and SCHNARS,P.A. Page 26 ] � FLORIDAS / LOCAL FIRM - ---- [Tql g Mark J. Moshier, P.E. 'S Mr- FDOT ':.- � ti �. :.tea- District 6 Resident Engineer, Work Groups 10.1, 10.3, 10.4 & 10.5.1, Miami-Dade and Monroe Counties, FL: Responsible for contract administration and CEI projects in Miami-Dade and Monroe Counties.Negotiated contract changes, settled contract claims, developed manpower assignments, prepared and administered construction budget.Client/Contact:FDOT District 6/Gus Pego,P.E.,Phone:(305) 470-5197.(1983 to 1985) Project Engineer, Sverdrup Corporation, Work Groups 10.1, 10.3, 10.4 & 10.5.1, St. Louis, MO: Project engineer for new roadway and bridge construction for the Florida Keys Bridge Replacement Program. Performed condition inspection of Angustora Bridge,Venezuela,South America,Martin Luther King Bridge over Mississippi River,and countywide bridge inspection for the State of Missouri.Construction inspection/supervision of various projects for Granite City Steel. (1979 to 1 983) Vice President of Transportation Services, Keith and Schnars, (Work Groups 10.1, 10.3, 10.4 and 11.0): Responsible for the direction of all construction engineering and inspection projects highways and structures design undertaken by Keith and Schnars. Responsibilities include including roadways, bridges, parks,aviation services and other related facilities.Contract Administration and Management for FDOT District 6 General Engineering Consultant contract. El Rio Shared Use Pathway, Boca Raton, FL: Keith and Schnars designed a 12'wide shared use pathway which follows the El Rio Canal from Glades Road to Congress Avenue in the City of Boca Raton, Florida.The path was constructed in three segments:Spanish River to Yamato Road,Yamato Road to L-40 Canal and L-40 Canal to Congress Ave. For each of the three segments Keith and Schnars Roadway design services provided horizontal and vertical design of the paths,signing and markings design,design of stormwater treatment,construction plans preparation,specifications package preparation, and post design services.Client/Contact:City of Boca Raton/Tony Puerta,Phone:(561) 416-3402. Key Deer Projects, Monroe County, FL: This grouping of I I projects included 3 major and 8 minor construction contracts totaling in excess of $26 million.The work included construction of 2 new bridges and roadway widening and roadway rehabilitation along the US-I corridor.The scope also included use of Geo-wall construction, MSE wall construction,installation of new drainage,traffic signal and traffic counter installation,milling and resurfacing from Key West north to Key Largo.The majority of the projects entailed working in extremely environmentally sensitive and protected areas and the CEI portion of the fees totaled $1.7 million. Arch Creek Multi-Use Path, North Miami, FL: The Arch Creek Bike Path and Pedestrian Bridges is an FDOT LAP project that proposes to add designated bike lanes for both eastbound and westbound traffic along NE I 35th Street, mill and resurface the westbound lane of NE 35th Street from east of Biscayne Boulevard to Bay Vista Boulevard,as well as overlay the existing pavement to create a shared use path along Bay Vista Boulevard that connects the Arch Creek Neighborhood of North Miami to the FIU Biscayne Bay Campus.As part of the project,new signs and pavement markings and decorative bollards were proposed.Client:City of North Miami. SR-7/US-441, Hollywood, FL: I mile;roadway beautification,landscape and irrigation design. Page 27 IETTH and SCHNARS,P.A. RFQ No.2Oi5-i6O Y FIAIUDAS� IQC'AI FIRM I _ r Jorge Ortiz, P`.E. . y; g \ (i'--- Mr.Ortiz has over 32 years of experience in the design,project management and construction - _ engineering and inspection (CEI) of Highway Transportation Projects throughout the State `: of Florida and Maryland.He has served as Senior Project Engineer/Administrator for FDOT in Districts I,4 and 6. His experience ranges from major interstate highway bridges ,� ;� � projects P g 1 g Y g ,��` " to roadway projects and toll plazas.Mr.Ortiz has been responsible for Contract Management A and Administration,procurement,bid processing,cost estimating and contract negotiation for - various construction projects.He is also experienced in bridge design,load rating,inspection Academic and rehabilitation. Background Relevant Experience B.S.,Civil Engineering University of Florida Keith and Schnars, P.A., Fort Lauderdale, FL: SE Florida Area Engineer- Responsible Professional for construction management and contract administration of CEI projects including office Registrations and field staff supervision, manpower and project schedule monitoring,review and negotiate Registered Professional contract changes, prepare and execute task work orders and supplemental agreements and Engineer,FL#0037772 maintain client relationships. (9/13 to Present) MD#0014738 US-41 Groupings, Lee & Charlotte Counties, FL: Project Engineer/Administrator - FDOT CTQP Provided CEI services on a grouping of 5 projects along US-4I in Lee and Charlotte Counties. Qualifications Two of the five projects included: SR-867, McGregor Boulevard from College Parkway to TIN#063242 1 54 Keenan Avenue, Lee County (FM No. 42522816201). These projects involved milling and resurfacing of 0.36 miles of roadway,widening of shoulders,drainage system reconstruction, MOT Advance Level sidewalk improvements, signing & pavement markings and signalization; Pine Island Road/ Certification Final SR-78 from US-4 I to Del Prado Boulevard, Lee County (FM No. 42523015201) involved Estimates-Level 1 &2 milling and resurfacing,widening of 2.6 miles of roadway for bike path, shoulder treatment, drainage improvements, de-silting, curb & gutter, guardrail, sidewalk construction, signing Asphalt Technician & paving and signalization. Client/Contact FDOT District I/Mary Wiley, Project Manager, -Level I Phone: (239) 656-7866. (9/11 to 9/13) Broward County Highway Construction & Engineering Division, Fort QC Manager Lauderdale, FL: Design Section Manager - Duties included the design and review of a Critical Structures wide variety of engineering and environmental projects, scheduling assigned projects and Construction Issues Course supervision of subordinate engineering and technical personnel engaged in design. Mr. Ortiz Completion was also responsible for the preparation and review of estimates, contract documents and specifications, analysis and review of consultant engineering studies and designs. Projects Awards included: Urban Project Award, • Wiles Road: A $23 million, I.2-mile, new 4-lane highway construction project from Resident Engineer Biscayne Powerline Road to West of the Turnpike including a concrete bridge over the Turnpike, Boulevard(US-1) drainage system, lighting, signalization, sidewalk, landscape and irrigation, signage and ASCE 2009 Project of pavement markings. Responsibilities included construction management,inspection and the Year Broward County supervision of all contractor operations including installation of a reclaimed water main, Reclaimed Water paving,testing and sampling of materials and contract administration. • Hiatus Road: A $9.1 million, I.4-mile, new 4-lane highway from Sunrise Boulevard to Oakland Park Boulevard. Mr. Ortiz was responsible for design and roadway plan preparation of completed project including new drainage system sidewalk, pavement markings and signalization. Client/Contact: Broward County Highway Construction and Engineering Division/Richard Tornese, Director, Phone: (954) 577-4579. (6/09 to 8/11) Ei II,\,�ii;KEITH and SCHNARS,P.A. Page 28 J ±" FLORID&gig;LOCAL FIRM i `P(o.: dit`rz6O YG 1 Jorge Ortiz, P.E. • Axis Engineering Consultants, Inc., Miami, FL: Sr. Structural Engineer - Responsible for Structural Engineering Design of Residential and Commercial Building Structures and CEI Services.Mr.Ortiz completed the Structural Engineering Analysis and Design Evaluation for the Overtown Transit Village Parking Garage Building in Downtown Miami, the Design of the Virginia Key Wetlands Restoration Boardwalk and a 20 stories building vibration and monitoring analysis for Miami-Dade County General Services Administration. (2/08 to 5/09) SR-824/Pembroke Road and SR-848/Stirling Road Projects, Broward County, FL: Sr. Project Engineer -Responsible for Milling and Resurfacing, access management, signalization, signing and pavement markings, sidewalk repairs and ADA improvements. Duties included Contract Administration, Quality Control and Project Management, coordination with numerous utility companies for relocation/ modifications of their facilities, CPM Scheduling review and analysis, construction conflict resolution, MOT inspection, construction progress monitoring and evaluation, analysis and negotiation of contract changes and supervision of office and inspection staff. Client/Contct: FDOT District 4/Pat McCann, FDOT District 4 Assistant District Construction Engineer, Phone: (954) 777-4387. (4/06 to 1/08) SR-25/Okeechobee Road, Miami-Dade County, FL: Sr. Project Engineer - Widening and re-construction of Okeechobee Road including installation of new drainage system and construction of a bulkhead wall along the Miami Canal. Mr. Ortiz was responsible for Construction Management, Contract Administration, Utility coordination, MOT inspection, Schedule review, analysis and negotiation of contract changes. Client/Contact: FDOT District 6/Mario Cabrera, FDOT District 6 Assistant District Construction Engineer, Phone: (305) 640-7443. (8/04 to 3/06) Westbound SR-836 Connector Ramp to Southbound Homestead Extension of Florida Turnpike (HEFT) Project, Miami-Dade County, FL: Mr. Ortiz was responsible for the analysis and resolution of contract and project issues, general supervision and coordination of project personnel, monitor and review of construction progress and procedures, coordination and preparation of supplemental contract documents and related correspondence including reviewing and evaluation of amendments or change orders to the contract documents,design coordination,public relations and involvement. Client/Contact: Miami-Dade Expressway Authority (MDX)/Javier Rodriguez, Director, Phone: (305) 637-3277. (1/03 to 1/04) Marlin Engineering, Inc.,Miami, FL: Director of Construction Services/Resident Engineer—Mr.Ortiz was responsible for the Contract Administration, Management of Personnel and Coordination of various construction projects in Districts 4, 6 and Turnpike. Contract Administration for the firm's participation on the following CEI Projects: • Biscayne Boulevard Interchange at Ives Dairy Road (N.203rd Street) -construction of new elevated intersection over W. Dixie Highway and Rail Road tracks • SR-826 Improvements - construction of auxiliary lane and exit ramp at 57th Avenue and NW 67th Avenue • Flagler Street Milling and Resurfacing From 69th Avenue to 27th Avenue • Florida's Turnpike Widening and Reconstruction from Boca Raton to Delray Beach • Miami-Dade Water and Sewer Department Major Rehabilitation Project - Infiltration/Exfiltration/Inflow Reduction Program of the Miami-Dade Sewer System • SR-836 Widening and Reconstruction from SR-826 to NW 57th Avenue • Miami Intermodal Center(MIC) Project Widening and reconstruction of interim roadways NW 25th and 26th Streets and NW 37th Avenue • SR-826 Interchange Reconstruction at NW 58th Street • Metrorail Extension to Palmetto Expressway- Miami-Dade County Transit Agency Miami-Dade County Public Works Department Quality Neighborhood Initiative Program (QNIBP) Client/Contact: Various. (4/97 to 11/02) SR-5/US-1, Biscayne Boulevard Reconstruction, Miami-Dade County, FL: Resident Engineer- Responsible for CEI of the widening and reconstruction of I mile segment, divided main artery within the City of Aventura. The project was completed ahead of schedule,within budget and without claims. Mr. Ortiz was also responsible for all project related construction, engineering and administrative functions to assure the project was performed in conformity with the plans, specifications and special provisions. This project earned written commendations from the City of Aventura,the Business and Residential communities and the FDOT District 6 Construction Office. Client/Contact: FDOT District 6/Mario Cabrera, FDOT District 6 Assistant District Construction Engineer, Phone: (305) 640-7443. (4/97 to 3/99) Page 29 ,KEITH and SCHNARS,EA. KrC'7��+ ` : FLORIDAS 51/LOCAL FIRM `* nr •_ . \ , , , C. Bryan Wilson, P.E. ?___J -:° ti e ,f,a ,.- Mr.Wilson has 29 years of experience in the design and management of highway transportation projects in Florida and South Carolina. Mr. Wilson joined the consultant industry in 1994 after 9 years with the FDOT. His project experience encompasses all aspects of highway . ( design from pavement rehabilitation to limited access interchanges and managed lanes facilities delivered in both bid-build and design-build formats. ,.._.._.. ..:-: ,.,, . ,:r Relevant Experience Academic Andrews Avenue Extension-Segment 5, FPID:230724-1-32-0, Broward County, Background FL: Project Manager for the design and permitting the construction of a 0.5-mile new 4-lane B.S.,Civil Engineering divided roadway from Racetrack Road to Atlantic Boulevard in Pompano Beach, Florida. Auburn University, 1986 Includes the design and permitting of a new closed storm drainage system and retention Professional pond system, two signalized intersections, signing and marking plans, landscape plans, and a Registration new roadway lighting system. Client/Contact: FDOT District 4/Anson Sonnett, P.E., Phone: Registered Professional (954) 777-4474, email:Anson.Sonnett@dot.myflorida.com. (5/10 to Present) Engineer,FL#43447 SR-823/Red Road Reconstruction Cost Savings Initiative, FPID 249941-1-52-01, Professional Miami-Dade County, FL: Project Manager responsible for the overseeing design and Certifications preparation of a cost savings initiative to modify the drainage system, traffic control plan Advanced Work and culvert extension for the reconstruction of SR-823/Red Road from a 5-lane undivided ATSSA- ZonAd Traffic c Control section to a 6-lane divided urban section.The project also includes cost savings initiatives for the modification of a proposed steel sheet pile bulkhead wall to a concrete post and panel wall and the modification of bridge widening design to incorporate pre-stressed flat slab units and fiber reinforced concrete.Client/Contact MCM Corp./Christopher Bacallao,E.I.,Phone: (305) 541-0000. (8/12 to Present) SR-713/Kings Highway RRR, FPID: 422957-1-32-01, St. Lucie County, FL: Milling & Resurfacing of a 2-mile section of SR-7 I 3/Kings Highway in St. Lucie County from Indrio Road to Spanish Lakes Boulevard. SR-713 is a rural 2-lane roadway with paved shoulders and swale drainage. The project also involved widening design for a new left turn lane, signalization upgrades ADA ramp improvements, signing and marking, sidewalk construction, drainage modifications, utility coordination, permitting and landscaping. Client/Contact FDOT District 4/Nadir Rodriguez, P.E.., Phone: (954) 777-4385, email: nadir.rodriguez@ dot.myflorida.com. (12/08 to 7/I I) 1-95 RRR, FPID:419715-1-52-01,419715-2-52-01,St. Lucie County, FL: Resurfacing, Restoration and Rehabilitation (RRR) project directed at a 15.4 Miles section of 1-95 in St. Lucie County from the Martin County line to SR-70. The project scope involves pavement resurfacing and rehabilitation, signing and marking,guardrail improvements, shoulder repair, 6-traffic monitoring sites, permitting, utility coordination and landscaping improvements including ODA impact analysis. Client/Contact FDOT District 4/Anson Sonnett,P.E.,Phone: (954) 777-4474, email:Anson.Sonnett@dot.myflorida.com. (9/06 to 9/09) 1-95 Managed Lanes, FPID: 415456-1-52-01, Miami-Dade County, FL: Project Manager for Development of conceptual roadway plans, striping plans, signing plans and construction specifications for the 1-95 Managed Lanes Project for FDOT District 6. Mr. Wilson also developed the request for proposal packages and directed post design services and construction support efforts during construction. Scope of work included design of variable priced tolling lanes within the existing 1-95 corridor in an 8.5-mile long section from NW 29th Street to Golden Glades interchange in Miami-Dade County, Florida. Client/ Contact FDOT District 6/Jason Chang,P.E.,FDOT Project Manager,Phone: (305)470-5331, email: jason.chang @dot.state.fl.us. (5/07 to 2010) i,KEITH and sCHNARS,P.A. Page 30 �,'' FLORIDAS git,LOCAL FIRM 110-V • • C., Bryan Wilson, P.E. FDOT District 4 Districtwide Utility Coordination, Broward County, FL: Project Manger responsible for managing the district wide utility coordination contract with FDOT District 4. Has provided utility coordination services and utility certifications for 3 I District 4 in-house design projects. Responsibilities include the identification of existing and proposed utility facilities, determination of eligibility of compensable interests, resolution of conflicts between utility facilities and proposed construction. Also responsible for securing executed legal agreements (Utility Work Change Orders, JPAs, MOAs etc) as well as certifying utility relocation schedules for compatibility with FDOT construction schedules to clear projects for letting. Client/Contact: FDOT District 4/Anne Endsley, Phone: (954) 777-4128, email: anne.endsley @dot. myflorida.com. (11/05 to 5/1 I) -95-SFRC Sound Barrier Walls Design-Build, Broward County, FL: Design project Manger for design-build team tasked with design, permitting and construction of 3,500-ft of 21-ft high noisewall adjacent to the South Florida Rail Corridor (SFRC) and 1-95. The project included overhead and underground utility coordination and development of avoidance strategies. Also designed the reconstruction of adjacent Lone Pine Lane and developed construction staging plans that minimized impact to adjacent trailer park residents. Responsible for all environmental,drainage and rail corridor permitting. Client/Contact: FDOT District 4/Leslie Wetherell, P.E., Phone: (954) 777-4438, email: leslie.wetherell @dot. myflorida.com. (I I/06 to 7/07) Sawgrass Expressway ORT Ramp Conversion, Broward County, FL: Directed project design staff as part of design-build team responsible for design and preparation of roadway construction plans and permitting for Florida's Turnpike Enterprise. Scope of work includes the construction of dedicated Sunpass lanes with signature gantries at four (4) interchanges on the Sawgrass Expressway. The interchanges involved were Commercial Boulevard, Atlantic Boulevard, Sample Road and University Drive. Client/Contact: Florida's Turnpike Enterprise/James Sanchez, P.E., Phone: (407) 532-3999 ext. 3692, email: james.sanchez @dot.state.fl.us. (10/07 to 5/08) Andrews Avenue Extension - Segments 2 and 3, FPID: 230622-1-32-01 & 230725-1-32-01, Broward County, FL: Keith and Schnars designed and permitted the construction of a 1.5 mile new 4-lane divided roadway from Atlantic Boulevard to NW 10th Street.This portion of the project included the design of a grade separated bridge crossing of Andrews Avenue over the CSX rail corridor and Martin Luther King Jr. Boulevard. Also included were the design and permitting of a new closed storm drainage system and retention pond system, four signalized intersections, signing and marking plans, landscape plans,and a new roadway lighting system. Client/Contact: FDOT District 4/Donovan Pessoa, P.E., Phone: (954) 777-4442, email: donovan.pessoa@dot.myflorida.com. (12/02 to 8/05) Tri-Rail Double Tracking Project: Design Project Manager responsible for the production of construction documents for the track corridor drainage and site grading design as well as roadway grade crossing designs for all 72 at-grade rail crossings within the 44-mile Segment 5 corridor. All design was developed to FDOT design criteria and all plans produced followed FDOT CADD guidelines. The project scope involved storm drainage, roadway grade crossing plans, striping plans, signal plans, as well as utility coordination, permitting and specifications preparation. Client/Contact: SFRTA/Dan Mazza, Phone: (954) 788-7893, email: mazzad @sfrta.fl.gov. (8/01 to 4/06) Crosstown Parkway/I-95 Interchange, St. Lucie County, FL: Senior Designer directing project design staff involved in development and preparation of roadway construction documents including roadway plans, storm drainage, traffic control plans, signing and pavement marking plans,signal plans,and specifications.Also assisted the Project Manager with the development the Preliminary Engineering Report, drainage reports, permitting and day-to-day coordination between the FDOT, City of Port St. Lucie and multiple Developers. The project scope involved construction of a new tight diamond interchange connecting Crosstown Parkway(Previously called West Virginia Drive)to 1-95.Client/Contact: City of Port St. Lucie/Roxanne Chesser, P.E., Phone: (772) 871-5186, email: RoxanneC @cityofpsl.com. FDOT District 4/ Leslie Wetherell, P.E., Phone: (954) 777-4438, email: leslie.wetherell @dot.myflorida.com. (6/04 to 5/07) LeJeune Road Flyover/SR-953, FPID: 250141-1-52-01, Miami-Dade County, FL: Design Project Manager coordinating preparation of roadway construction plans and permitting for FDOT District 6. Scope of work included construction of flyover ramp from Northbound LeJeune Road to westbound Okeechobee Road including reconstruction of 750m of 6-lane divided section of Okeechobee Road and 1.0 km reconstruction of 6-lane divided section of LeJeune Road form NW 36th Street to Okeechobee Road in Miami Springs, Miami-Dade County, FL. Page 31 J KEITH and SCHNARS,P.A. ° FLORID&/34 LOCAL FIRM C. Bryan Wilson, P.E. Becker Road/I-95 Interchange, St. Lucie County, FL: Senior Designer directing project design staff with the development and preparation of roadway construction documents including roadway plans, storm drainage,traffic control plans, signing and pavement marking plans, signal plans, and specifications. Also assisted the Project Manager with the development the Preliminary Engineering Report, drainage reports, permitting and day-to-day coordination between the FDOT, City of Port St. Lucie and multiple Developers. The project scope involved construction of a new tight diamond interchange connecting Becker Road to 1-95. Client/Contact: City of Port St. Lucie/James E. Angstadt, P.E., Phone: (772) 344-4239, email: jangstadt@cityofpsl.com. FDOT District 4 Coordination/Leslie Wetherell, P.E., Phone: (954) 777-4438, email: leslie.wetherell@dot.myflorida.com. (6/04 to 5/07) SE 17th Street Bridge Replacement, Broward County, FL: Senior Designer assisted in preparation of final design construction plans for the roadway,signing and marking,signalization and lighting portions of this bascule bridge replacement project in Fort Lauderdale. Also, directed the utility coordination and post design services during construction for this high profile project. Project involved replacement of existing bascule bridge over the intracoastal waterway with new high level bascule structure. Keith and Schnars developed all roadway plans,drainage and permitting and maintenance of traffic for the roadway approaches. Client/Contact: FDOT District 4/Anson Sonnett, P.E., Phone: (954) 777-4474, email:Anson. Sonnett @dot.myflorida.com. (9/06 to 9/09) Beach Streetscape - Las Olas Boulevard Phase, Fort Lauderdale, FL: Quality Control Engineer and FDOT liaison for Las Olas Boulevard improvements. Keith and Schnars designed and prepared construction plans for the roadway realignment, improved stormwater drainage, signage, striping and marking, signalization, ADA upgrades, new trombone style mast arm structures, hardscape, landscape, irrigation, landscape lighting and decorative lighting. Client/ Contact: City of Fort Lauderdale/Earl Prizlee, Phone: (954) 468-1517. (12/05 to 1 2/07) Wiles Road Extension from Florida's Turnpike to Powerline Road, Broward County, FL: Senior Project Manager overseeing the Keith and Schnars design staff developing roadway design for the extension of Wiles Road from Florida's Turnpike to Powerline Road in Broward County, Florida. Roadway extension project involved new construction of a four-lane divided section with drainage and installation of a new culvert, utility, lighting, landscaping, irrigation and signalization improvements and included enhancement of environmentally sensitive land. Services included civil and structural engineering, environmental, landscape architecture, planning, traffic and surveying. Client/Contact: Broward County Highway Engineering/Rick Dixon, Project Manager, Phone: (954) 577-4562. (2/96 to 5/05) Atlantic Boulevard/SR-814 Safety Project (CPTED) (LAP), Broward County, FL: Prepared engineering design plans for milling, resurfacing, widening, and incorporation of safety and esthetic enhancements to the Atlantic Boulevard/ SR-8 14 from East 1 9th Avenue to East 23rd Avenue and Federal Highway(SR-5/US-I)from SE 2nd Street to NE 2nd Street in the City of Pompano Beach, Florida. This project involved the preparation of roadway plans, signing and pavement marking plans, signalization plans, lighting plans and landscape plans. Client/Contact: City of Pompano Beach/Alessandra Delfico, P.E., City Engineer, Phone: (954) 786-4144. (1/00 to 4/02) CR-664 Design-Build, Bowling Green, FL: Design Project Manager responsible for the Roadway improvements along CR-664 from Doc Coil Road to Hardee Street. The roadway improvements included milling and resurfacing and cross-slope correction. Other improvements include the replacement of an existing box culvert, guardrail upgrade, reworking of shoulders, upgrading of all ADA ramps to meet current standards. Length: 3.53 Miles. Client/Contact: FDOT District I/Kevin Ingle, P.E., Phone: (863) 519-2740. (3/10) Port St. Lucie Boulevard Reconstruction Project(LAP), Port St. Lucie, FL:Senior Project Engineer-This$600,000 ARRA-funded and LAP-administered project entailed the reconstruction of Port St. Lucie Boulevard, a 6-lane divided roadway, between SW Greco Lane and SW Sansom Lane. Works consisted of milling and resurfacing; reconstruction of the existing base utilizing black base; installation of new drainage structures and under drains; desilting of the existing pipe; and construction of new curb and gutter, sidewalks, curb cut ramps and ditch pavement. The project also included upgrades to traffic control, including signage and pavement markings. Client/Contact: City of Port St. Lucie/Jennifer Gent, P.E., Civil Engineer, Phone: (772) 871-7340. ��KEITH and SCHNARS,P.A. Page 32 FLORIDAS&LOCAL FIRM r Mark Kline, P.E. Mr. Kline has over 33 years of engineering design and management experience with projects 1 ; involving roadway design, transportation planning and land development. Mr. Kline has � ` become proficient in the engineering design aspects of roadway geometrics,drainage,signing 's-S4 / Wit` : and pavement marking,signalization,lighting and work zone traffic control. He has expertise in the use AASHTO design guidelines and manuals, the FDOT Plans Preparation Manual, the FDOT Design Standards, the FDOT Standard Specifications, the Florida Greenbook, the Manual on Uniform Traffic Control Devices (MUTCD) and other important design standards and criteria. Academic Background Relevant Experience B.S.,Civil Engineering Ohio University, 1983 Palm Bay Parkway Design Build, FDOT LAP, FPID 428346-1-58-01, Palm Bay, Professional FL: Design Project Manager and Engineer of Record responsible for the Palm Bay Parkway Design Build project in the City of Palm Bay, Florida. Project scope included the design n for new construction of a 2.311 mile portion of Palm Bay Parkway (high speed rural arterial), Registered Professional Engineer,FL#44016 reconstruction/widening intersection improvements at the Palm Bay Parkway connection to Malabar Road, new construction of a 0.532 mile extension of Pace Drive (low speed Professional rural collector), and new construction of a 0.540-mile extension of Emerson Drive (low Certifications speed urban arterial). Project duties included engineering design and plans preparation of Advanced Work Zone roadway,drainage,signing and pavement marking project components, project management Traffic Control of the survey, geotechnical, structural, utility coordination/relocation project components, 1� and coordination of the plan approval and permitting process with FDOT, the City of Palm Bay, Brevard County, Melbourne Tillman Water Control District, Saint Johns River Water Management District, and ACOE. Client/Contact: Community Asphalt/Brian Beetle, Phone: (772) 3 16-1760. (7/12 to Present) • 1-95 Noise Barrier Wall in Delray Beach-FDOT Design Build,FPID:420919-1-52-01, Delray Beach, FL: Design Project Manager and Engineer of Record for the construction of a Sound Barrier Wall along the east side of the 1-95 Right-of-Way from north of the C-15 Canal to south of Linton Boulevard in Delray Beach, Florida. Project duties included engineer of record for the roadway components of the project including modifcations to the roadway shouder, drainage system,guardrail installations,and pavement markings. Project management duties included oversite of all necessary the project design elements including survey, geotechnical, roadway, structural, maintenance of traffic, utility coordination, and permitting; coordinating the design process with FDOT and the Contractor; engineering design and preparation of roadway plans component. Clients/Contacts: FDOT District 4/ Betsy Jeffers, Phone: (954) 777-4061; State Contracting and Engineering Consultants/Barry Transleau, Phone: (954) 923-4747. (8/10 to 12/11) Districtwide General In-House Consultant, FDOT District 4: Responsible for initial, constructability and biddability phase plan reviews related to various transportation facility improvement projects. Transportation facility types which have been reviewed include freeways, urban and rural arterials, urban and rural collectors, and local streets. Project work types which have been reviewed include new construction, reconstruction, milling, resurfacing, widening, drainage improvements, signing and pavement markings, signalization, lighting, and landscape improvements. The scope of work has included the review of all pertinent contract documents including typical sections approvals, RRR reports, safety reports, drainage reports, pavement design reports, environmental reports, computation books, permit documentation, utility coordination, etc. Client/Contact FDOT District 4/ Juan Bowles, Phone: (954) 777-4465. (3/I I to Present) Page 33 . y KEITH and SCHNARS,P.A. ?gc- �7- ; FLOR1DA:S 51�;WG\L FIRM Mark Kline P.E El Rio Canal Shared Use Pathway-LWDD L-40 Canal to Congress Avenue,FDOT LAP,FPID:423812-1-58-01, Boca Raton, FL: Project Manager and Engineer of Record. Project scope included the design of a 12 foot wide concrete shared use pathway and coordination of permitting efforts to allow for construction the pathway within the boundaries of the Yamato Scrub Oak Preserve, a Section 4f property. Included in the project were the coordination of landscape and site amenities, and the design of a new signalized crossing at Congress Avenue. Client/Contact: City of Boca Raton-Palm Beach County Engineering Department/Joy Puerta, Phone: (56 I) 416-3410. (2/I 0 to 8/11) El Rio Canal Shared Use Pathway-Yamato Road to LWDD L-40 Canal, FDOT LAP, FPID: 411888-1-58-01, Boca Raton, FL:Project Manager and Engineer of Record for the preparation of engineering design plans for a 12 foot wide asphalt shared use pathway along the EL Rio Canal from Yamato Road to LWDD L-40 Canal. Project included coordination for proper placement landscape and site amenities, at grade crossings of two local roadways, and a pedestrian bridge crossing over the LWDD L-40 Canal. Client/Contact: City of Boca Raton-Palm Beach County Engineering Department/ Joy Puerta, Phone: (561) 416-3410. (5/07 to 01/09) El Rio Canal Shared Use Pathway-Spanish River to Yamato Road, FDOT LAP, FPID:409413-1-58-01, Boca Raton, FL: Project Manager and Engineer of Record for the preparation of engineering design plans for a 12' wide asphalt shared use pathway along the El Rio Canal from Spanish River Boulevard to Yamato Road. Project included coordination for proper placement landscape and site amenities, crossing below an existing Interstate 95 bridge within the canal right-of-way, and a pedestrian bridge crossing over the El Rio Canal for access to the Tri-Rail Boca Raton Station. Client/Contact: City of Boca Raton-Palm Beach County Engineering Department/Joy Puerta, Phone: (56 I)416-3410. (7/04 to 5/06) Las Olas Boulevard/SR-842 Enhancement Project, Fort Lauderdale, FL: Project Manager and Engineer of Record for the preparation engineering design plans for the milling, resurfacing, reconstruction and widening of Las Olas Boulevard/SR-842 from Birch Road to Ocean Boulevard/SR-A I A.This project involved the preparation of roadway,signing and marking, signalization, lighting, and landscape plans, drainage modifications, and utility coordination/relocation. Client/ Contact: City of Fort Lauderdale/Earl Prizlee, Phone: (954) 468-1517. (12/05 to 1 2/07) Yamato Road - Four to Six Lane Widening, Boca Raton, FL: Project Manager and Engineer of Record for the preparation of engineering design plans for the milling, resurfacing, and widening of Yamato Road from Jog Road to the Military Trail. This project involved the preparation of roadway plans, signing and marking plans, signalization plans, and drainage analysis and permitting, and utility coordination/relocation. Client/Contact: City of Boca Raton / Tony Puerta, Phone: (561) 416-3402. (3/06) 1-95 Managed Lanes, FPID: 415456-1-52-01, Miami-Dade County, FL: Design Engineer providing design of conceptual roadway plans, signing and pavement marking plans,and construction specifications for the 1-95 Managed Lanes Project for FDOT District 6. Lead engineering designer coordinating with FDOT District 6 and FHWA to develop the signing concepts that were implemented into the final design/build construction of the 1-95 Managed Lanes. Scope of work included design of variable priced tolling lanes within the existing 1-95 corridor from NW 29th Street to Golden Glades interchange in Miami-Dade County, Florida. Client/Contact: FDOT District 6/Jason Chang, P.E., Phone: (305) 470-5331. (5/07 to 4/09) Andrews Avenue Extension - Segment 5, Broward County, FL: Design Engineer for the production of roadway plans and documents including roadway plans, storm drainage, striping plans, signal plans, landscaping as well as utility coordination, permitting and specifications preparation. Andrews Avenue Extension - Segment 2 and 3, FPID:230622-132-01 &230725-1-32-01, Broward County, FL: Design Engineer for the production of roadway plans including coordination of roadway sub consultants. Keith and Schnars designed the bridge plans, storm drainage, striping plans, signal plans, landscaping as well as utility coordination, permitting and specifications preparation for the construction of new 1.5 mile, 4-Lane divided facility between Atlantic Boulevard and NW 1 0th Street in Pompano Beach, Florida.Client/Contact: FDOT District 4/Leslie Wetherell, P.E., Phone: (954) 777-4438, email: leslie.wetherell @dot.state.fl.us. (12/02 to 12/05) KEITH and SCHNARS,P.A. Page 34 .1 3 FIARIDAS 81t LOCAL FIRM `S r> `"� ` �. FQ 20""5-160-Y r Mark Kline, P.E. SR-7/US-441 Roadway Reconstruction and Widening, Broward County, FL: Project Manager and Engineer of Record for the preparation engineering design plans for the reconstruction and widening of SR-7/US-44I corridor from SW 33rd Street/Osceola Drive to SW 5 I st Street in Broward County, Florida. This project involved the preparation of roadway, signing and marking, signalization, lighting, and landscape plans, and drainage analysis and permitting, and utility coordination/relocation. Client/Contact: Seminole Tribe of Florida/Debbie Grant, Phone: (954) 585-5652. (8/03 to 3/04) Andrews Avenue Extension - Segment 1, FPID: 230619-1-52-01, Broward County, FL: Design Engineer for the production of roadway plans and documents including roadway plans, storm drainage, striping plans, signal plans, landscaping as well as utility coordination, permitting and specifications preparation for the construction of new 1.0 mile, 4-Lane divided facility between Hammondville Road and NW 18th Street in Pompano Beach, Florida. Client/Contact: FDOT District 4/Leslie Wetherell, P.E., Phone: (954) 777-4438, email: leslie.wetherell @dot.state.fl.us Powerline Road/SR-845 Widening, Broward County, FL: Project Manager and Engineer of Record for the preparation of engineering design plans for the milling, resurfacing, and widening of Powerline Road (SR-845)from Sample Road to the Hillsboro Canal.This project involved the preparation of roadway plans,signing and marking plans,signalization plans, lighting plans, landscape plans,and utility coordination/relocation.Client/Contact: FDOT District 4/Leslie Wetherell, P.E., Phone: (954) 777-4438, email: leslie.wetherell @dot.state.fl.us. (2/00 to 7/03) Atlantic Boulevard/SR-814 Safety Project (CPTED) (LAP), Broward County, FL: Prepared engineering design plans for milling, resurfacing, widening, and incorporation of safety and esthetic enhancements to the Atlantic Boulevard/ SR-8I4 from East 19th Avenue to East 23rd Avenue and Federal Highway(SR-5/US-I)from SE 2nd Street to NE 2nd Street in the City of Pompano Beach, Florida. This project involved the preparation of roadway plans, signing and pavement marking plans, signalization plans, lighting plans and landscape plans. Client/Contact: City of Pompano Beach/Alessandra Delfico, P.E., City Engineer, Phone: (954) 786-4144. (1/00 to 4/02) Congress Avenue Widening,Palm Beach County,FL:Prepared engineering design plans for the milling,resurfacing, and widening of Congress Avenue (4 to 6 lanes) from north of Yamato Road to south of Linton Boulevard. This project involved the preparation of roadway plans,signing and marking plans and signalization plans.Client/Contact:CARR-America (Developer) for Palm Beach County. (1/00 to 4/0 I) Page 35 J KEITH and SCHNARS,RA. FLORIDAS 64 LOCAL FIRM Edwin Mackiewicz, II-1, P.E. Academic Mr. Mackiewicz has over 25 years of experience in civil engineering projects, primarily in Background construction of transportation facilities, 18 of which are in CEI. Of his 18 years in CEI,the B.S.,Civil Engineering, majority was in Florida but also includes projects in Chicago Illinois,Hartford,Connecticut and University of Hartford, New York City. He started his CEI career as a Construction Inspector,worked up to Senior Connecticut, 1989 Inspector,Project Engineer and lastly Senior Project Engineer overseeing multiple CEI projects furls Doctor,W.H.Taft and supervising nearly a 20 person staff of engineers and inspectors. His CEI experience University,Santa Ana, encompasses all types of road and bridge projects including,urban road reconstruction with California,2010 extensive utility relocation, multi-lane and limited access highway construction, simple and complex bridge structures ranging from concrete girder,steel girder,segmental and movable Professional structures. Additionally he is experienced in the various contract delivery methods such Registration as traditional design-bid-build,design-build, Lump Sum,unit price and time and material.Mr. Registered Professional Mackiewicz's CEI experience extends to all aspects of contract administration including Engineer,FL#48208 progress and final estimates,contractor claims,extra work negotiations and dispute resolution processes. A comprehensive list of projects and their details is below. Professional Certifications Relevant Experience ATSSA Advanced Work EJM Consulting Services, LLC: Owner/President; private, independent consultant to Zone Traffic Supervisor contractors, engineers, owners and attorneys providing construction management, claims management and preparation, project assessments, litigation support, alternate dispute FTBA/FICE Subcommittee resolution hearings and specialty design engineering. Part-time Senior Project Engineer for Keith and Schnars.(1/14 to Present) Alternate Contracting Task Team Ranger Construction Industries Inc.:Senior Project Manager for Ranger North Division - Responsible for oversight and contract administration for all on-going transportation American Society of projects.Assist President and Vice President in technical and contractual issues of all projects Civil Engineers,Associate within division. Work closely with Project Managers to ensure proper adherence to all Member contract requirements on contracts totaling over $100M. Prepare, submit and negotiate contract changes,extra work and settlements. Coordinate Design Build effort by identifying Primavera/Suretrak and working with design firms,negotiating MOU's and subconsultant agreements. Assist in Certified Training research,review and negotiation of third party claims such as utility damage.(2/06 to 12/13) FDOT Construction Projects, Various locations: Sr. Project Engineer with Keith & Schnars,P.A. Successfully completed numerous FDOT construction projects including:I-95/ Malabar Road Interchange, SR-3 resurfacing, US-1 7/92 reconstruction in Deltona, SR-44 Road & Bridge replacement over CSX railroad in Deland, numerous fixed and moveable bridge reconstruction projects from the Florida Keys to Central Florida including a new bascule bridge on SR-3 over the barge canal in Merritt Island.Mr.Mackiewicz was responsible for supervision of CEI staff, public information and quality assurance. Directly responsible for the technical aspects of construction projects as well as claim analysis and extra work documentation and negotiations.(12/96 to 1/06) Lechtenstein & Associates: Senior Structural/Project Engineer -Acted as team leader and field supervisor in charge of safety inspection and evaluation of various types of fixed and movable highway structures. Responsibilities included supervision of engineering crews to assure thorough condition inspection of structures;maintenance and protection of traffic through the work area;inspection of entire structure by means of free climbing.Belaying and bridge accessing equipment; and preparation of formal condition reports along with load ratings and repair and rehabilitation details.(8/95 to 11/96) Page 36 :��N A - RFQ Noy.2015460-YG Edwin Mackiewicz, ICI 1, P.E. Steinman Engineers (1/90 to 8/95): • Bridge Design Engineer,Intermediate Level Designer. • Construction Engineer,Chicago, Illinois. Rehabilitation of four segmental bridges within a major interstate interchange. • Construction Engineer, North Miami Beach, Florida, 1-95 H.O.V. • Bridge Inspector, Brooklyn, New York. Rehabilitation of lift-span bridge. Northeast Utilities, Hartford, CT: Underground Facilities Technician - provided construction inspection for installation of underground manholes,duct systems,vaults and various other underground distribution networks.(1/84 to 12/89) Page 37 , TAB 2: Experience & Qualifications State. .x + ,r=.' Florida Florida Board ' ; - ! ngineers Mar A . • `„7_;. R x f A FBPE VOW,....tali.,w�Y _ '/ ►Y Or `+' F (NNHUNoF Is licensed as a Professional E • es. ter 471, Florida Statutes ' ' -_Ex piration:2/28/2017 P.E.Lic.No: Audit No: 228201707612 1 � • ° ° r 7'" ".0 - 32016 Statc : j M r1• a-.,y,„ _ _Board s --:-' +-. .n ngineers '- � f F BPE. '- Z, co , .,��__7 :,1r,;-. w +'„di,: Or ,11 iwnt*biigri Riet. Is licensed as a Professional En .s=: .'re''. . :ter 471, Florida Statutes Ea nation:2/28/2017 '-- fir' p P.E.Lic.No: �i+'F - Audar No: 228201724953 37772 tate .„ Florida _. . .. . ,..., ..,___ , , I Board o '."---,! 1 ession. 1 ng eers :,- is t 4 fr- Ch -. �t ~ "� r F BPE .a�r E � , _ ` �; — — , � i0' �I F WREE)A t$O Rfl OF -•I.1• IX(MF 1lIfll4.i f WIW IICY Is licensed as a Professional s• • = ..� ,�`r`z''' • ..:ter 471, Florida Statutes Expiration:2/28/2017 �c2` .j P.E.Lic.No: Audit No:'228201725479 _ � '' '' 43447 i5��J KEITH and SCHNARS,P.A. Page 38 FIARIDX.s / LQCAL FIRM '' �k-" t Wir..Zt115-16t?-YG r , TAB 2: Experience & Qualifications ........,,,„--., *. ,...„,..., State t,:‘5cf.:;,- ,.,,,.. Board of Professional Efig4neers Attests that Stanley Mark Kl � e , P.E. :r ii FBPE J ,, .4.,ir / .-. '"" .- r ,I' tL()Itli)\Ii,i Itf) )f ir.,... .V t� Is licensed as a Professional En in- � ��,..!' Ch ter 471, Florida Statutes Expiration:2/28/2017 -=' . P.E.Lic.No: Audit No: 228201725543 V 44016 - 0:C.--"--- :crl tau ..,e, ' --v S rida .,Boar t -Pro essional En M• eers „�t t.*°, Attests that 316•r E Wu J. Mackiew. Ill, ` .E. ` ) FBPE Iv 'II :gm,,:uvavvitt *a' ^Z i.til'i--.. !: * Is licensed as a Profess" al,Engin- ' . ==t' : ter 471, Florida Statutes Expiration:2/28/2017 •. `•(� /..r',`` ,, .. ' P.E.Lic.No: Audit No: 228201715377 ._b-WE - 48208 i Page 39 KEITH and SCHNARS,P.A. RFQ No.2015-160-YG - FLORID itLOCAL FIRM TAB 2: Experience & Qualifications • , Wiles Road: $23 million, 1.2 miles new 4 lane highway construction project from Power Line Rd. to West of the Turnpike including a concrete bridge over the Turnpike, drainage system, lighting, signalization, sidewalk, Mr.Ortiz has over 32 years of experience in design,CEI and project management of Highway Transportation Projects landscape and irrigation, signage and pavement markings. throughout the states of Florida and Maryland. He has Responsibilities included construction management, served as Senior Project Engineer/Administrator for FDOT inspection and supervision of all contractor operations projects in Districts I,4 and 6.As a consultant and former including installation of a reclaimed water main, concrete Program Manager for FDOT District 6, his experience and asphalt paving, testing and sampling of materials and includes design and CEI for major interstate highway contract administration. bridges, roadways and toll plazas. As a former Design/ Construction Section Manager for Broward County Highway Palm Avenue SW 100 Avenue: $9 million, 1.3 miles Construction and Engineering Division, Mr. Ortiz was widening and reconstruction project from 2 to 4 lanes, involved in schedule reviews and cost estimating reviews of the work included construction of a new drainage system, numerous construction bid proposals which encompassed signalization,signage and pavement markings,landscape and a budget plan and funding allocation recommendations for irrigation. Responsible for the construction management, several major Design and Construction roadway projects. contract administration, schedule review and monitoring, inspection and supervision of all contractor operations, Mr. Ortiz is proactive in staying ahead of the clients, including installation of a major retention pond. identifying possible issues and recommending viable resolutions.He continues to strive to exceed the needs of Reference: Richard Tornese, Director, Broward County Highway our clients in the pursuit of quality,time and money goals. Construction & Engineering Division, Phone: (954) 577-4579 In the past five years working for other agencies Mr.Ortiz worked on several projects with similar scope, hereafter FDOT District 4 is a list of some of these projects with description and his Plans Review Engineer-March 2013 to September 2013 area of responsibility: As plans review engineer Mr. Ortiz was responsible for performing constructability reviews using Electronic Review Broward County Highway Construction Comment (ERC) System software for various roadway & Engineering Division (BCHCED), Fort projects prior to letting by the Florida Department of Transportation. The work included the development of Lauderdale, FL preliminary construction schedules and determination of Design and Roadway Construction Section Manager- contract time and estimated cost. June 2009 to August 2011 Duties include the design and review of a wide variety References: Benjamin Burton/Todd McGee, Phone: (954) 777- of engineering and environmental projects, scheduling, 4137 assignment of projects and supervision of subordinate engineering and technical personnel engaged in design and Please see Mr. Ortiz's resume included in this section for construction inspection. Preparation and review of cost more details about his experience. estimates,value engineering proposals,contract documents and specifications, analysis and review of consultant engineering studies and designs.Contract Administration of ongoing construction projects.Hereafter is the description The Dun & Bradstreet Supplier Qualification Report(SQR) of three sample major projects: was send to the City before the initial RFQ deadline. Hiatus Road: $9.1 million, 1.4 miles new 4 lane highway , from Sunrise Boulevard to Oakland Park Boulevard Responsible for constructability review of past project design plans, re-design and roadway plan preparation of complete project as required for construction; the work — - included design of new drainage system, handling and -- _^ - , ,_ execution of permits, sidewalk design, noise walls, canal --. slope protection, development and coordination of utility r �... relocation schedule,pavement markings and signalization. KEITH and SCHNARS,P.A. Page 40 FLOR[DAS pji,'LOCAL FIRM xi tr y RFQ No 21115-160-YG r TAB 3: Approach & Methodology ...............m ;. ,, - ,1. * I''' - —4 V . ,..' 1•le it , . I . i 9,,, , 0. ii, if i a • . . r. >a... .ro.. �YUT ri 9�lARSf G ter,.`•Aim +r 7 _,o r. ,�►1111111111K mamma NOM .- "; lf te'� .,'.f '"" T ( ,.1'%a y r ', . 4.' `,:l of{ A - _ -fir _ - GENERAL SCOPE Team is comprised of a number of engineering personnel, including design professional engineers and construction This is a Service Order Contract which allows the City of managers with extensive experience in both plans reviews Miami Beach to obtain consultant services on as-needed and construction schedule review. Our services will basis for plans reviews,construction contract cost estimates include reviews for compliance with the applicable criteria reviews, value engineering services and other engineering construction time estimate review/preparation, review of support functions. Reviewers must have extensive computation booklets,specification packages,cost estimates, experience in road and bridge construction including some etc.our deliverables will include review comments,marked- specialized areas such as temporary and permanent walls, up plans,contract time estimates,traffic control plan review sound walls, traffic control, drainage, utilities, scheduling, and constructability, quantity and pay items verifications, quality assurance/quality control,proposal and bid reviews, check that all the utility conflicts have been resolved, claim analysis and dispute resolution. The main work right-of-way requirements, etc.Our awareness of the LAP anticipated under this contract includes review of design process and Design and Construction plans production plans,cost estimates reviews and value engineering analysis. will provide a valuable perspective on the final result.Our reviews will emphasize the following critical areas: • Biddability of the plans: Discrepancies between the Such reviews typically involve three phase submittals: summary of quantities, computation book, missing/ (I) Initial Engineering plans development submittal, (2) incorrect pay items and pay item notes are consistent Constructability/Traffic Control Plans (TCP) review and (3) examples of issues that impact the biddability and Biddability review. may cause undue impact to the community, possibly exposing the City to claims by the contractor. The City may request our assistance to meet with • Constructability of the plans: Feasibility of the design the design team and City staff engineers during the concept;Probability of accomplishing the intent of the development of a project in the initial phase in order to design;Attention to specialty items properly addressed make recommendations regarding contracting alternatives, in the plans;Feasibility of traffic control plan. project limits, size of project and other similar early stage • Verifcation of enough right-of-way to accommodate decisions.These recommendations may have a significant designed construction; Assurance the appropriate impact on the ultimate constructability and success of the license agreements,temporary construction easements project. and permanent easements are in place. • Review proposed landscaping: Impacts to safety, trees The Constructability/TCP phase review is the most detailed planted in areas restricted to ground cover, blocking and comprehensive review.The plans are required to be regulatory or informational signs,etc. approximately 80% complete, with all plan components substantially complete. Draft Technical Special Provisions CL1NJ i rXU(-11(J1 N k.,L_.) i ,niiisAkit 4'<t V it 4w and necessary utility relocation and conflict resolution should be identified in this phase. Cost estimates should be developed as accurately as possible,in as much detail as can be assumed,and be based The biddability phase review focuses on schedule of values upon the best information available. Our K&S staff will or pay items and quantities. The K&S Team understands ensure that construction cost estimates will, in all aspects, the importance of the Plans Review Process in order to represent a"fair and reasonable" cost to the City of Miami minimize impacts to the construction cost and time. Our Beach. Page 41 KITH and SCHNARS,P.A. RFQ No.2015-160-YG FLORID&gik LOCAL FIRM r TAB 3: Approach & Methodology We will review the estimate for the purpose of confirming • Review prevailing current location-specific wage rates the validity of the assumptions and the logic used in are used in the estimate. Consider market rates for estimating the cost of construction tasks. Our review will labor to ensure there is reasonable competition on- include a check of the quantities,unit prices,and arithmetic. going in the area where the construction is being The quantity "take-off" is an important part of the cost performed and/or may be competing with other estimate.We will place equal emphasis on both the accuracy projects being constructed. of the quantity calculation and the pricing calculation • Check derived unit costs with historical data when assuring quantities are shown in standard units of measure available. Override Cost Book labor and/or material and consistent with the design units.We also evaluate in unit prices as required,to fit project-specific conditions. detail the different types of cost elements such as direct • Complex or major features of a project should include Costs, which includes labor, equipment and material a detailed breakdown for labor,equipment and material. costs, indirect Costs, and other costs, including escalation, • Calculate/Review home office overhead as a percentage construction contingencies, construction supervision, of total contract cost or as appropriate. inspections and overhead. • Review bond costs in estimate. • Calculate/Review prime and subcontractor profit by We have developed a standard checklist procedure to approved guidelines and methods. use in the review process to better assure that important • Include all applicable costs for permits, licenses,taxes, considerations have not been overlooked. See to the and fees. following sample checklist: VALUE ENGINEERING (VE) REVIEW. . Cost Estimate Sample Reviewer Checklist Involves the analysis and review of a cost reduction proposal, • Comply with applicable City of Miami Beach cost initiated and developed by the contractor to refine the engineering guidance. contract, increase cost effectiveness or significantly improve • Review that cost estimate is using approved estimating the quality of the end project. Our Team is experienced software, as appropriate, and structured using the with VE Reviews; most of the Team members obtained this appropriate work breakdown structure format in experience while working for FDOT on various assignments. accordance with the City design requirements. We are cognizant that a value engineering proposal will only be • A narrative with statement summarizing purpose of considered if there is net savings to the City without impairing estimate along with brief statement and description of essential functions and characteristics such as safety,service, the project is included as required. life,aesthetics and necessary standard design features.We also • Identify stage of estimate (planning, 10%,30%,60%,90%, know that a VE proposal change will not be considered by 100%,and bid). the City if there is a change in the design that would require • Review the assumptions are clearly identified and additional right-of-way or if a contract cost reduction is the defined and that significant features upon which the result of the contractor's correction of a plan error. cost estimate is based are identified. • Develop notes throughout the estimate review, The K&S Team is very familiar with the submittal data particularly to identify sequencing of construction and information requirements, our team will ensure the activities and production rates. following information as a minimum will be submitted as • Separate subcontract work from prime contract work. part of the VE: • Identify separate markups for subcontractors and prime contractor. • A description of the difference between the existing • Identify sources of unit prices and vendor or Contract requirement, including any time extension subcontractor quotes. request,and the proposed change,and the comparative • Include design contingencies and construction advantages and disadvantages. contingencies in the cost estimate,if appropriate. • Separate detailed cost estimates for the existing • Review cost escalation is included if appropriate, Contract requirement and the proposed change. from the date of the estimate to the mid-point of Break down the cost estimates by pay item numbers construction and/or operation.Identify source of index indicating quantity increases or decreases and deleted used for escalation. pay items. Identify additional proposed work not • Use of lump sum pricing should be minimized. If used, covered by pay items within the Contract. Estimates the lump sum description must indicate in detail what shall include overhead, profit, and bond within pay is included in the price and whether or not it is based items in the Contract.Separate pay item(s)for the cost on a quotation. of overhead,profit,and bond will not be allowed. KEITH and SCHNARS,P.A. Page 42 FLORIDAS�I LOCAL FIRM RFQ No.2015-160-YG r TAB 3: Approach & Methodology • An itemization of the changes, deletions or additions this schedule and the status of all major items of work will to plan details, plan sheets, design standards and be submitted to the City's Project Manager. Specifications that are required to implement the Proposal if the City adopts it. Provide preliminary plan K&S will perform a detailed review of the Contractor's drawings sufficient to describe the proposed changes. schedule and submit a comprehensive report to the City. • Engineering or other analysis in sufficient detail to The schedule will be reviewed for consistency with contract identify and describe specific features of the Contract requirements, paying special attention to work sequence that must be changed if the City accepts the Proposal. and project phases, overall time, and detail of each phase. This is supplemented with a proposal as to how these We will ensure the schedule is complete and reasonable, changes can be accomplished and an assessment of and that activity durations are realistic.The Contractor is their effect on other project elements.The City may encouraged to submit a two-week "look ahead" at each require that engineering analyses be performed by a weekly progress meeting so that inspection activities can be prequalified consultant in the applicable class of work. coordinated with construction operations.This schedule,in Support all design changes that result from the Proposal addition to its primary purpose of controlling and tracking with prints of drawings and computations signed and job progress,provides the basis for analysis of Contractor sealed by the Contractor's Engineer of Record.Written claims and time extension requests. documentation or drawings will be provided clearly delineating the responsibility of the Contractor's QUALITY ASSURANCE (Q. Enneer of Record. QUALITY CONTROL (QC) • The date,by which the City must approve the Proposal to obtain the total estimated cost reduction during the The goal of the K&S QA/QC Program is to ensure a remainder of the Contract, noting any effect on the complete and accurate assessment of the performances of Contract completion time or delivery schedule. our Team in the execution of our Scope of Services.We will develop a QA/QC Plan which will cover the appropriate categories to this contract, listing objectives and goals to ensure a successful project outcome.We have elected to K&S will prepare a Project Control Schedule designed to have a QA Team led by Mark Moshier, P.E. (K&S). His role allow the City of Miami Beach engineering staff to easily will be to evaluate the Project Manager/CSS at 30,60,and monitor the progress of the construction contract on a 90 percent intervals and perform thorough reviews. monthly basis. Each month,a report including an update of . • " - ' 4 . -- • ' .4,„, -4',.- 4.-fi ,, - - -'` -',..,,:-•,'•' --,7,t--4'4'4 , -1 AN 0 �'� , i .t ,drt i' « 4 .s f £'�Y� +.. tea 0i'� E.w ` vT�:, '.4 • •. -• _ ' . , ,. .fir ,:'44°'.1),,..am .r' .Y' --6`.7 5 ,• . r, :`,3".4'*?~• ' �i 2•=� F� l� �..•-'y.`� `" ;Lf i 4 - .-M "`" T„ir ,',..'•. •0:4",a_ .. . 424' Page 43 i rrH and SCHNARS,P.A. RFQ No.2015-160-VC =1-_ :__,'- FLORIDAS gig'LOCAL F[RtM 1 r II/ `\ J KEITH and SCHNARS,P.A. FLORIDA'S/9/at LOCAL FIRM 6500 North Andrews Av enue • Fort Lauderdale, Florida 33309 Phone: (954) 776-1616 • Fax: (954) 771-7690 • Toll Free: (800) 488-1255 www.ksfla.com �...IN KEITAND-01 NCHANDUVI ACOR®F DATE(MM/DDIYYYY) ��. CERTIFICATE OF LIABILITY INSURANCE 1/11/2016 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 NAME: Ames&Gough PHONE 703 827-2277 FAX 703 827-2279 8300 Greensboro Drive (A/C,No,Ext): (A/c,No): ) Suite 980 ADDRESS:admin @amesgough.com McLean,VA 22102 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Union Fire Insurance Company 19445 INSURED INSURER B:Continental Casualty Company(CNA)A,XV 20443 Keith and SchnarS,P.A. INSURER C:National Union Fire Insurance Company of Pittsburgh,PA 19445 6500 North Andrews Avenue INSURER D: Ft.Lauderdale,FL 33309-2132 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 INSURANCE ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSU LTR INSD wVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 7046486 03/01/2015 03/01/2016 PREM SES Ea occur ence) $ 300,000 X Contractual Liab. MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY X 78, X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO 2248380 03101/2015 03/01/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS — NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE L6012004191 03/01/2015 03/01/2016 AGGREGATE $ 5,000,000 DED X RETENTION$ 1 0,000 $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L 28234533 03/01/2015 03/01/2016 L.EACH ACCIDENT ,$ 1,000,000 OFFICER/MEMBER EXCLUDED? N N I 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 B Professional AEH 00 609 12 27 03/01/2015 03/01/2016 Per Claim 2,000,000 B Liability AEH 00 609 12 27 03/01/2015 03/01/2016 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE: RFQ 2015-160-YG FOR PROFESSIONAL CONSTRUCTABILITY,COST&VALUE ENGINEERING REVIEW SERVICES. The City of Miami beach is included as additional insured with respects to General Liability,Auto Liability,and Umbrella Liability when required by written contract.30-day Notice of Cancellation will be issued in accordance with policy terms and conditions. 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 Y ACCORDANCE WITH THE POLICY PROVISIONS. CIO Insurance Tracking Services,Inc. P.O.Box 20270 Long Beach,CA 90801 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL 704-64-86 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to a. The preparing, approving, or failing to include as an additional insured any person or prepare or approve, maps, shop organization for whom you are performing drawings, opinions, reports, surveys, operations when you and such person or field orders, change orders or drawings organization have agreed in writing in a contract and specifications; or or agreement that such person or organization be added as an additional insured on your b. Supervisory, inspection, architectural or engineering activities. policy. Such person or organization is an addi- tional insured only with respect to liability for This exclusion applies even if the claims against "bodily injury", "property damage" or "personal any insured allege negligence or other wrong- doing in the supervision, hiring, employment, and advertising injury" caused, in whole or in part, by: training or monitoring of others by that insured, if the "occurrence" which caused the "bodily in- 1. Your acts or omissions; or jury" or "property damage", or the offense 2. The acts or omissions of those acting on which caused the "personal and advertising your behalf; injury", involved the rendering of or the failure in the performance of your ongoing operations to render any professional architectural, for the additional insured. engineering or surveying services. However, the insurance afforded to such 2. "Bodily injury" or "property damage" . additional insured: occurring after: 1. Only applies to the extent permitted by law; a. All work, including materials, parts or and equipment furnished in connection with such work, on the project (other than 2. Will not be broader than that which you are service, maintenance or repairs) to be required by the contract or agreement to performed by or on behalf of the provide for such additional insured. additional insured(s) at the location of the A person's or organization's status as an addi- covered operations has been completed; tional insured under this endorsement ends or when your operations for that additional insured b. That portion of "your work" out of which are completed. the injury or damage arises has been put B. With respect to the insurance afforded to these to its intended use by any person or additional insureds, the following additional ex- organization other than another clusions apply: contractor or subcontractor engaged in This insurance does not apply to: performing operations for a principal as a part of the same project. 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out C. With respect to the insurance afforded to these of the rendering of, or the failure to render, additional insureds, the following is added to any professional architectural,engineering or Section III - Limits Of Insurance: surveying services, including: The most we will pay on behalf of the additional insured is the amount of insurance: CG 20 33 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 ❑ r 1. Required by the contract or agreement you Insurance shown in the Declarations; 4 Y 9 Y have entered into with the additional whichever is less. insured; or This endorsement shall not increase the 2. Available under the applicable Limits of applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 33 04 13 El ENDORSEMENT This endorsement, effective 12:01 A.M. 03/01/2015 forms a part of policy No.CA 224-83-80 issued to KEITH & SCHNARS, P.A. by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO. I. SECTION II LIABILITY COVERAGE, A. Coverage, 1. -Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. • A thorized Representative or Countersignature (in States Where Applicable 87950 (10/05) Page 1 of 1 •