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Agreement with U.S. Cost, Inc., D/B/A RIB U.S. Cost a01 -0,?9101 10 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND U.S. COST, INC., D/B/A RIB U.S. COST FOR PROFESSIONAL CONSTRUCTABILITY, COST AND VALUE ENGINEERING REVIEW SERVICES ON AN "AS-NEEDED-BASIS" PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2015-160-YG DISCIPLINE: CONSTRUCTABILITY, COST AND VALUE ENGINEERING RESOLUTION NO. 2015-29209 1 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1. DEFINITIONS 4 ARTICLE 2. BASIC SERVICES 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 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 U.S. COST, INC, D/B/A RIB U.S. COST FOR PROFESSIONAL CONSTRUCTABILITY, COST AND VALUE ENGINEERING REVIEW SERVICES ON AN "AS-NEEDED-BASIS" This Agreement made and entered into this 10 day of January , 20 16 (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and U.S. COST, INC. D/B/A/ RIB U.S. COST, a Georgia corporation having its principal office at 1200 Abernathy Rd. N.E., # 950, Atlanta, GA. 30328 and local office at 11900 Biscayne Blvd., # 620, Miami, FL 33181 (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 U.S. Cost, Inc. d/b/a RIB U.S. Cost, and, 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. 7 • • 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 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 8 the City, that are not considered as direct costs for the construction of the Project. STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean the detailed estimate prepared by Consultant in Construction Standard Index (CSI) format or other format approved by the Project Administrator, which includes the Consultant's estimated total construction cost to the City of the Work for the Project (as established in the Contract Documents, as they may be amended from time to time). The Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element of the Project and include a breakdown of the fees, general conditions and construction contingency for the Project. Costs shall be adjusted to the projected bid date to take into account anticipated price escalation. WORK: Work" shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, services, methods, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary, appropriate, or convenient to the performance by Contractor of all duties and obligations proposed by the Contract Documents. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project, specifically described in the Consultant Service Order. 2.2 The Services will be commenced by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager or the Project Administrator. Consultant shall countersign the Consultant Service Order upon receipt and return the signed copy to the City. 2.3 As it relates to the Services and the Project, Consultant warrants and represents to the City that it is knowledgeable of and shall comply with all Applicable Laws. The Consultant agrees to comply with all Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. 2.4 The Consultant warrants and represents to the City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to the City that it is responsible for the technical accuracy of the services. 2.5 The Consultant's Basic Services may consist of various tasks, including constructability reviews, value engineering analysis to identify potential cost savings, technical specification reviews, identify alternate construction means and methods, establish accurate project scheduling, and establishing quality assurance/quality control guidelines, meet with the design team and the City during the development of a project and participate in the review of bids or proposals as needed, and Additional Services (as may be approved), all as further described in the Consultant Service Order; and shall also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the Contract for Construction. 9 Furthermore, Consultant is required, but not limited to: • Provide detailed quantity take off of materials required to complete various projects in accordance with Technical Specifications and design documents. • Provide detailed estimate of labor and material costs in an Excel spreadsheet format showing unit prices, based on past comparable unit costs specifically associated with the South Florida Market • Provide detailed constructability review with recommendations for alternate means and methods of construction activities, value engineering, scheduling and construction sequencing that will potentially reduce costs of the project. • Provide a cost comparison to a recognized construction cost estimating service adjusted for South Florida construction. (RS Means or equivalent). The estimates will be contained in a single spreadsheet showing cost comparisons individually tabulated. • Identify any comparable projects, including completion dates that were used to develop the construction cost estimate. • Support City Staff and participate in the value engineering reviews with contractor. • Support City Staff in the bidding and award phase of projects. 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City shall waive or excuse Consultant's obligations under the Agreement and/or other Contract Documents and that Consultant shall remain fully liable for all work performed by Consultant including, without limitation, any errors or omissions. Written decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or any Subconsultants), for the accuracy and competency of the Design Documents and Construction Documents, nor shall any City approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect, error or omission in the Design Documents and the Construction Documents. Moreover, neither the City's inspection, review, approval or acceptance of, nor payment for, any Services required under the Agreement shall be construed to relieve the Consultant (or any Subconsultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or to comply with the terms and conditions of the Agreement or by the Consultant's misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the City and Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall be in effect for three (3) years ("Initial Term"), plus two (2), one (1) year renewal options, to be exercised at the sole discretion of the City Manager (Initial Term and any renewals shall be collectively referred to as the "Term"). Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order, including the time for completion of the work and/or services for such Project (as set forth in the particular Consultant Service Order). 10 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Administrator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its Subconsultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.7.4 The Services shall be performed in a manner that shall conform to the Consultant Service Order. The Consultant may submit requests for an adjustment to the Consultant Service Order completion time, if made necessary because of undue delays resulting from untimely review taken by the City(or authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Administrator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Administrator may require), the Project Administrator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Administrator's approval (if granted) shall be in writing. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Administrator, Contractor, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement, and under a Consultant Service Order, in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. 2.10 The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all Services required under the Agreement and under the Consultant Service Order (including the services performed by Subconsultants), within the specified time period and specified cost. The Consultant shall perform the Services utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of such Services in the State of Florida. The Consultant is responsible for, and shall represent to City that the Services conform to the City's requirements, the Contract Documents and all Applicable Laws. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's negligent acts or errors or omissions in the performance of the Services. In addition to all other rights and remedies which the City may have, the Consultant shall, at its expense, re-perform all or any portion of the Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with the above standards. The Consultant shall also be liable for the replacement or repair of any defective materials and equipment and re-performance of any non-conforming construction work resulting from such deficient Services 11 1 (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 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 matters requiring City's approval under the Contract Documents. The Project Administrator 14 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 attend meetings with the City to review and discuss cost estimates, cost-saving alternatives, and implementation or revision of the Design Documents and Construction Documents to address such items, as necessary to meet the established budget parameters set forth in the City Construction Budget. 4.2. Consultant shall provide and/or update the Statement of Probable Construction Cost at each stage of completion of the Design Documents and at completion of the Construction Documents, unless otherwise specified in the Consultant Service Order or other written directive of the Project Administrator. 4.2.1. At completion of the conceptual design (at such stage of completion of the Design Documents as may be specified by the Project Administrator), Consultant shall provide the City a Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus fifteen percent (+/-15%) of the Construction Cost Budget. If at the foregoing stage of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than fifteen percent (15%), then the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to within fifteen percent (15%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design Documents as part of the Basic Services and at no additional cost to the City. 4.2.2. At the 30% and 60% completion of the Design Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus ten percent (+/-10%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s)for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to within ten percent (10%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design Documents as part of the Basic Services and at no additional cost to the City. 4.2.3. At the 90% stage completion of the Design Documents and at completion of the Construction Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus five percent (+/-5%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than five percent (5%), the Project Administrator shall provide notice thereof to 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 17 Services and at no additional cost to the City. 4.2.4. To ensure,that the Construction Cost shall not exceed the City's Construction Budget, each Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees, general conditions and a reasonable and appropriate construction contingency. 4.3. Consultant shall certify and warrant to the City that the Statement of Probable Construction Cost and any update thereto, represents Consultant's best judgment of the Construction Cost for the Project as an experienced design professional familiar with the construction industry, provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of Probable Cost by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant, and the Consultant shall re-design the Project within the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Statement of Probable Construction Cost, and Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents) within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the date Consultant is notified to re-design), and shall provide re-bidding services, as many times as may be reasonably requested by the City, as part of the Basic Services and at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within ten percent (10%) of the Consultant's final updated Statement of Probable Cost. 4.5. The Construction Cost Budget shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such Construction Cost Budget is exceeded, the City Commission may, at its sole and absolute discretion, terminate this Agreement (and the remaining Services)without any further liability to the City. 4.6. The City Commission may, at its sole and absolute discretion, and without relieving Consultant of its obligations under this Agreement to design the Project to the Construction Cost Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many deductive alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget. 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 18 time of the request for additional services or an hourly fee (in accordance with the rates in Schedule "B" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Administrator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services include the following: 5.2.1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. 5.2.2. Unforeseen Conditions. Providing additional work relative to the Project which arises from subsequent circumstances and causes which could not reasonably have been foreseen at the time of the Consultant Service Order (excluding conditions determined by all prior studies available to Consultant and excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.3. City-Requested Revisions to Construction Documents: Making revisions to Construction Documents resulting in or from City-requested changes in Scope of Work involving new program elements, when such revisions are inconsistent with written approvals or instructions previously given by City and/or are due to causes beyond the control of Consultant. 5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or subpoena to appear and give testimony, preparing to serve or serving as an expert witness in connection with any state or federal court action to which the Consultant is not a party in its own name, that is not instituted by the Consultant or in which the performance of the Consultant is not in issue. 5.2.5 Procurement: Assistance in connection with bid protests, re-bidding, or re- negotiating contracts (except for Contract Document revisions and re-bidding services required under Section 4.4 hereof, which shall be provided at no additional cost to City). 5.2.6. Models: Preparing professional perspectives, models or renderings in addition to those provided for in this Agreement except insofar as these are otherwise useful or necessary to the Consultant in the provision of Basic Services. 5.2.7. Threshold Inspection/Material Testing and Inspection: Providing threshold inspection services and material testing/special inspection services, provided that 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. 19 5.2.9 Geotechnical engineering: Providing geotechnical engineering services or site surveys. Except as specified herein, services that are required for completion of the Construction Documents shall be part of Consultant's Basic Services.. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses must be authorized, in advance, in writing, by the Project Administrator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Administrator (along with any supporting receipts and other back-up material requested by the Project Administrator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." Reimbursable Expenses may include, but not be limited to, the following: Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its Subconsultants, and courier, postage and handling costs between the Consultant and its Subconsultants). Costs for reproduction and preparation of graphics for community workshops. Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project (i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" or"Not to Exceed" fee for provision of the Services, or portions thereof, as may be set forth and described in the Consultant Service Order issued for a particular Project, shall be negotiated between the City and Consultant, and shall be set forth in the Consultant Service Order. 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Administrator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project and the total estimated fee to completion. 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. 20 7.5 ESCALATION: The initial hourly rates shall remain constant for the Initial Term of the agreement. Ninety (90) days prior to expiration of the Initial Term, the City may consider an adjustment to the preceding year's unit costs for the subsequent year. Only request for increases based on a corresponding increase in the Consumer Price Index for All Urban Consumers; U.S. City average (1982-84=100), as established by the United States Bureau of Labor Statistics ("CPI"), or material adjustments to the scope or requirements of the RFQ.by the City, including (but not limited to) living wage increases, will be considered. In the event that the City determines that the requested increase is unsubstantiated, the Consultant agrees to perform all duties at the current cost terms. 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Administrator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the respective hourly billing rate associated therewith. In the event Subconsultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project Administrator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its Subconsultants to the requirements of this Article and ensure compliance therewith 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 21 Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's 22 • 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: (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 23 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 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). 24 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 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: U.S. Cost, Inc. d/b/a RIB U.S. Cost 11900 Biscayne Blvd., #620 Miami, FL. 33181 Attn: Glenn Wilcox, Vice President Tel: (787) 953-7817 Toll free: 800-955-1385 Fax: (770) 481-1640 Email: gwilcox @uscost.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 placed on the convicted vendor list following a conviction for a public entity crime may not 26 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 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. 16.10.3 No acceptance, order, payment, or certificate of or by the City, or its 28 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: ■eir respective witnesses and City Clerk on the day and year first hereinabove written. ,..---°,,/ / Attest CITY OF MIAMI B A ;��/1;, Alf 2- Z b �� its , / / CIT CLERK ? r Attest it ' \, ,' .1:0e,! T. -NC. VA RIB U.S. COST _!a_s.Lf.L/ ' • ' -.'.. ! :IN _ 0:9 O RATF r - . :` , /4...-____ Sign it 4 i� t -e/Pr-silent Swtoa v P # A k ,o`=, SU 9fJ JE MD[.T?-:.Ex.) 41�h�,C1•'••...._.....1, )��A pG I-inrt.r&� Print Name ■-h%1,, 26A 7 t Name J• o c 11 6.e• 01. ro= c \ 7-61..;;`•'���, ";,..K" APPROVED AS TO ,�0/4 , FORM &LANGUAGE '',/111,110` &FOR EXECUTION ' ,9„cl.jVc---- 1 , Ar- kks City Attorney RN Date 29 1 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND U.S. COST, INC. D/B/A RIB U.S. COST CONSULTANT SERVICE ORDER Service Order No. for Consulting Services. TO: U.S. Cost, Inc. d/b/a RIB U.S. Cost 11900 Biscayne Blvd., #620 Miami, FL. 33181 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 1 HOURLY BILLING RATE SCHEDULE CATEGORIES HOURLY RATES Project Principal $ 155.00 Project Manager $ 133.00 Senior Cost Estimator $ 107.00 Cost Estimator $ 75.00 Senior Scheduler $ 95.00 Scheduler $ 65.00 Value Engineering Specialist $ 133.00 Senior Construction Manager $ 105.00 Construction Manager $ 95.00 Senior Claims Specialist $ 125.00 Senior Civil Engineer $ 125.00 Civil Engineer $ 105.00 Senoir Mechanical Engineer $ 125.00 Mechanical Engineer $ 105.00 Senior Electrical Engineer $ 125.00 Electrical Engineer $ 105.00 Traffic Engineer $ 105.00 Senior Architect $ 125.00 Architect $ 105.00 Senior Computer Specialist $ 100.00 Computer Specialist $ 85.00 Documents Control Specialist $ 55.00 Senior CAD Technician $ 65.00 CAD Technician $ 55.00 Clerical/Administrative $ 35.00 32 SCHEDULE C APPROVED SUBCONSULTANTS Discipline: Constructability, Cost, and Value Engineering Review Services. *CES Consultants, Inc. *PCI Program Controls, Inc. 33 ATTACHMENT A RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM 34 2 r' • • • ATTACHMENT B • • • REQUEST FOR QUALIFICATIONS (RFQ) • • • • • _ 35' 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: I 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: :1. Ask Department Di :ctor Assista,.t.# ':na er City M er .i I r DM arc D�.AD ,v M , _•_ JLM � T:WGENDA120151May\PR• -EMENT\RFQ 2015-160-YG Constructability,Cost,and Value Engineering Re ew '.ervices-ISSUANCE SUMMARY.docx AGENDA ITEM CAC MIAMIBEACH _lam 3� DATE MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSI t N MEMORANDUM TO: Mayor Philip Levine and Members of he City Co 1.mis - FROM: Jimmy L. Morales, City Manager /11111 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 ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) 34 UUMMISSION 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 RFC)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 Inform ation: 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,•: ent Di ctor Assis t City •c r City M er DM�` AD EC M 1 JLM V ��1 T:IAGENDA1201 Dece r1PROCUREMENTIRFQ-2015- •s-KB - Constructability, •-t, and Value Engineering Review Services-Summary.doc AGENDA ITEM e 7f{ _�-� MIAMI � H DATE /02 S- 189 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSIO 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, ACCEPTI G THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2015-160-YG FOR CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH U.S. COST, INC. D/B/A RIB U.S. COST, KEITH & SCHNARS, P.A., AND HAKS ENGINEERS, ARCHITECTS AND LAND SURVEYORS, P.C.; AND SHOULD THE ADMINISTRATION BE UNABLE TO NEGOTIATE AN AGREEMENT WITH ANY OF THE RECOMMENDED FIRMS, AUTHORIZING THE ADMINISTRATION NEGOTIATE WITH OTHER RANKED FIRMS; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Build and Maintain Priority Infrastructure with Full Accountability. FUNDING The cost of the related services, determined upon successful negotiations, are subject to funds availability approved through the City's budgeting process for specific projects. BACKGROUND The City's Capital Improvement Program has grown from approximately $400 million to over $1.8 billion. The active projects are valued at approximately $500 million. Quality improvement opportunities can be found by having the ability to identify constructability issues and minimize unforeseen conditions which will mitigate the attendant impact on project costs and schedules. The City recognizes the value of pursuing a two-pronged approach to implement more rigorous quality control initiatives utilizing dedicated in-house resources, as well as outside expertise from construction industry professionals that would be pre-selected as a result of the Request for Qualifications (RFQ) selection process. The Right of Way (ROW) portion of the program has been subdivided into several neighborhood projects located throughout the City that are in various stages of design, bid, and construction. The probable cost estimates and construction drawings are developed by 190 Request For Qualifications (RFQ) No. 2015-160-YG, For Constructability, Cost, and Value Engineering Review Services December 9th,2015 Page 2 the design consultants during the design phase of the work and reviewed by the stakeholder City Departments prior to the issuance of the Invitation to Bid, (ITB). The proposed quality control enhancements would utilize construction industry professionals, as needed, during various phases of a project to provide construction cost estimates; constructability reviews; identify value engineering alternatives; review pricing on bid submittals and provide overall input on construction quality control issues. This involvement of independent industry professionals during the design process to properly address the residents' needs, review alternate construction means and methods, establish quality assurance/quality control procedures, provide comprehensive peer review of construction documents to identify design deficiencies, identify potential value engineering alternatives and establish accurate project timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying the monetary requirements for construction allows the City to forecast the monies required prior to issuance of any necessary construction bonds and/or capital budget requirements. RFQ PROCESS On May 6, 2015, the City Commission approved to issue the Request for Qualifications (RFQ) No. 2015-160-YG for Constructability, Cost, and Value Engineering Review Services. On May 8, 2015, the RFQ was issued. A voluntary pre-proposal conference to provide information to the proposers submitting a response was held on May 20, 2015. RFQ responses were due and received on August 25, 2015. The City received a total of five (5) proposals. The City received proposals from the following firms: Haks, Keith & Schnars, P.A., PMA Consultants, LLC, Triangle Associates, Inc., and U.S. Cost, Inc. d/b/a RIB U.S. Cost. On August 27, 2015, the City Manager, via Letter to Commission (LTC) No. 340-2015, appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: • Carla Dixon, Capital Projects Coordinator, Office of Capital Improvement Projects • Eugene Egemba, Civil Engineer III, Department of Public Works • Ahmad Lee Khamsi, Venetian Island Home Owners Association Board Member and Resident • Diego Lopez Medina, Capital Projects Coordinator, Office of Capital Improvement Projects • Ron Starkman, South of Fifth Neighborhood Association (SOFNA) Board Member, and Resident The City Manager also considered the following individuals as alternates: • Jose Rivas, Civil Engineer III, Department of Public Works • Jose.Velez, Capital Projects Coordinator, Office of Capital Improvement Projects The Committee convened on October 21, 2015 to consider proposals received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated in the table below. 191 Request For Qualifications (RFQ) No. 2015-160-YG, For Constructability, Cost, and Value Engineering Review Services December 9t,2015 Page 3 riFQ[Noc'2d�'!f"1BQdtG Ft�R - . Ot7�NSTR f16tT1� ;1 Cost A V{t'Ct]E` Diego �r Carla Eugene Ahmed Lee Lopez Ron AGGREGATE ,'?: BERViCES5 `g Dixon Ranking Egerrba Ranking Khansi Ranking Medina _ Ranking Startoren Ranking TOTALS Rank Haks 70 3 70 3 70 3 60 5 70 3 2E 17 3 Keith&Schnaps,P.A 81 1 80 2 80 2 80 2 90 1 8 2 PMA Consufants,LLC 59 5 65 4 60 4 72 4 65 4 - 21 4 Triangle Associates,Inc. 62 4 60 5 60 4 75 3 55 5 21 4 U.S.Cost,Inc.dlba RIB A U.S.Cost 80 2 85 1 85 1 93 1 85 2 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. J LM/NIT/EC/DM/AD T:IAGENDA120151December1PROCUREMENT IRFQ-2015-160-KB-Constructability,Cost,and Value Engineering Review Services-Memo.doc 192 RESOLUTION TO BE SUBMITTED 193 THIS PAGE INTENTIONALLY LEFT BLANK 194 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 Ccntcr Drive, 34 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 ss entit or a consultant identified ed 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? All: No. Q12: Under Tab 1, Item #1.3, the Proposer is to submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C. The first page in Appendix C is asking for, in #2, the Proposer's relevant project experience. This is exactly the same as what is being requested in Tab 2, Item 2.1. Should this project experience be placed in our proposal book under Tab 1 or under Tab 2? Al2: Proposers shall follow the "Statements of Qualifications Format" shown in Pages 10 and 11 of the RFQ. As indicated in Tab 1, Section 1.3, Proposer shall Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specification. Furthermore, as indicated in Tab 2, Section 2.1, Proposer shall "Submit detailed information regarding the firm's history, relevant experience and proven track record of providing the scope of services as identified in this solicitation to public sector clients (i.e. municipal governments, agencies or levels of government). Proposer must submit relevant projects, performed in the last five (5) years as evidence of experience; the following is required for each project: project name and description, assigned tasks and responsibilities, agency (client) name, agency (client) contact, contact telephone and email, month and year services were started and completed, term of engagement, total cost and/or fees paid to your firm, total cost of construction (estimated and actual)." Q13: On Page 10, Tab 2, Item 2.1 of the RFQ, you ask for the firm's relevant projects as evidence of experience. Under that same tab, but in Item 2.2, you specifically ask for a list of additional relevant information, but you did not state all of the categories of info needed in that list. Should it contain all of the same project info you request in Item 2.1 or should it be less detailed whereby we use our discretion as to how much info to include on the list? A13: Project information requested under item 2.2 of Tab 2 may include: "project name and description, assigned tasks and responsibilities, agency (client) name, agency (client) contact, contact telephone and email, month and year services were started and completed, term of engagement, total cost and/or fees paid to your firm, total cost of construction (estimated and actual)." Q14: When providing relevant project experience information, you are asking for "Term of Engagement" for each project. What do you mean by that? A14: Term of engagement refers to the term (number of months or years) the firm was engaged 3 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. Y 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 J Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si `e :ly i Ale -nis Pr urement Director 4 EXHIBIT A PRE-PROPOSAL MEETING SIGN-IN SHEET 5 CP' MAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: May 20, 2015 RFQ No.: 2015-160-YG TITLE: Constructability, Cost, and Value Engineering Review Services NAME (PLEASE PRINT) COMPANY NAME-E-MAIL ADDRESS PHONE# FAX# Yusbel Gonzalez City of Miami Beach 305-673-7490 786-394- yusbelgonzalez(&,miamibeachfl.gov 4073 3414-E o 2 iMA-(.1 -30T-64 ^02 �`1� ®" tci S ✓�e� �'^���^3°il ` — 391k. „oz. 0 .-7-?-46,0A-A.) -1t5e-/ A)e• et)6/,() -eR/A/Cc-,-, 30.6y 3 v --( Pet-floc< z4i- -767( 5 2y-oW Cc r1 /in �e('r S, Cc 1 -rZ-i O F D rAt il IZ RA-C+1—C I P MAP-14 0 mar/lacer-ma .v) /Lead, pf ov 30S-673-7071 • 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 c -to F4 it.E4 '1 F I Yt J 7®JOiL 30c X 70•-[4 ©, .-64.0 cis (A&P, _v c.`Cpl. v �t G.L. 2 05- I pQf i c c cQ_Scovisv(-(, /-r%f 27(-firij (ys '0 337, -64. 67@_ , -1A4\<S 60-iEZ X205 ,‘toNt(C. .47b4s.\<.c, 3e)S,b<43. " go5.VS,W,e, 014/6C-- -490c f ctic_ (qJ / 1-L"74 d Qt it t)r%v/-€ 'fie(/1.4,ce _ sa/may, C� ty_.... r 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(a miamibeachfl.gov 4073 iz re s c `7 1$ Ni r3� 78G -`�S�-mil? .7� 5 A G:K i t-°5 305778'7. 675 ol&t. t. S0101414-0 506ii u o pwkci co (4j{-. 5• co u4► 707 OST©/5-v *7. 5-1.71)3c„ 0Aidce.r. G � - G Pyy _ . MIAMJBEACH 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# ads Ze)( e'vvil'taurti ?05 ti6z- i .7-)1. 6.-'au La( `9-c-s6 II _ / 1lt1ie ! 11-c 67) vt roue � 6l!ci o� 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 MIAMJ . - 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 I particulars only. • 1. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on Wednesday, August 5, 2015, at the following location. Miami Beach City Hall Procurement Department 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL CONTAIN ANSWERS TO THE QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact I Telephone: Email: Yusbel Gonzalez ; 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sim.erel , ... ,/ Al- t"or enis -roc urement Director 1 1 I i MIAAAIBEACH , City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS NO. 2015-160-YG CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES JULY 8, 2015 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. 1. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on Wednesday, July 22, 2015, at the following location. Miami Beach City Hall Procurement Department 1700 Convention Center Drive, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. A FORTHCOMING ADDENDUM WILL CONTAIN ANSWERS TO THE QUESTIONS RECEIVED. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: Yusbel Gonzalez 305-673-7000, ext. 6230 YusbelGonzalez @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Si ��ly, .4 . Ale 9-nis II, Pr►■urement Director 1 i / i :MI I'"` City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.rniamibeachfl.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 t of p 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. @ fl.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" p questionnaire with the reason(s) for not submitting a proposal. Sincere) Alex D- is Procurem nt Director 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. 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: Yusbei 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. Sin Alex B is Pry emen.t Director 1 REQUEST FOR QUALIFICATIONS ( RFQ CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES RFQ Nov 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 M1AMIBEACH 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 ro osers will p p be assisting the City with: constructability reviews, value engineering analysis to Y 9 9 Y identify potential cost savings, technical specification reviews, identifying alternate construction means and methods, establishing accurate project scheduling, establishing quality assurance/quality control guidelines, meeting with the design team and City during the development of a project, and participating in the review of bids or proposals. These review services will be for the various current and up-coming, Right of Way (ROW) neighborhood improvement projects, underground utility and facilities projects under development by the City. When professional services are required, a proposed project will be analyzed in terms of the predominant professional specialty required, and a firm will be selected from the appropriate specialization list. 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 MIAMIBEACH 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,miamibeachfLgov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado(5 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://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 20 l 5-160-YG 4 39 MIAMIBEACH 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.miamibeachfi.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 00 SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUESCITY 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 MAMIBEACH 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 pe ses 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 ach 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 MIAMIBEACH 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 MIAMIBEACH 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 RFQ 2015-160-YG 9 44 MIAMI BEACH 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 format or USB CD are to be submitted. The ( format) 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 I- 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 9 P 9 Y ( ) 9 Y ( ) P 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://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800-424-2495. TAB.3 Approach &Methodology Submit detailed information on the approach and methodology of how the proposer plans to accomplish the scope of services outlined in the RFQ. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or team members sub-consultants)e tiers r 0 sub consultants to proposer determine: qualifications (including, not limited) q ( g, of I meted 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 1 1 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 m 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 t Qualitative Criteria ' Maximum;Points Experience and Qualifications 70 Approach and Methodology 30 _TOTALAVAILABLE-STEP.1 POINTS' w 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 r2- Quantitative Criteria - . • Veterans preference 5 • TOTAL AVAILABLE STEP 2 POINTS ` 5 RFQ 2015-160-YG 12 47 MIAMIBEACH 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 i Final Ranking` -. _ T -. -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 1 3 48 APPENDIX A MIAMI . EACH Response Certification , Question ! aire Requirements Affidavit RFQ No. 2015- 144-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1 700 Convention Center Drive Miami Beach, Florida 33139 49 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: No of Years in Business: No of Years in Business l Locally: No of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 2015-160-YG Appendix A— Page 1 5O MIAMIBEACH 1. Veteran Owned Business.Is ro oser claiming a veteran owned business status? YES r 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) referenc es 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-performance 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•. I r - --- - - ..?••••. . •••• ' - -- 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit(s) Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, Statement of Qualifications,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. RFQ 2015-160-YG Appendix A— Page 3 52 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 ask.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 ge 5 54 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 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 MIA I EACH _ _ __ ________ _ 61 N ® id " Form RFQ No. 201 5- 144-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 }Note. It(tcc=impofant for those vendors who havelreceived=not feafian'of th s solicitatiory but:have `c_decided not,to,respond,ito;-corY plete'and submit •=the attachedt�`Stat'ernent of No Bid.,. The "Statem ntal " 4 ,L: a a.f Na Bid':provides t the i Ctty,with informatio y'Ori how:to improv t c • • e�,� fee=_salic�tot,an-process• Failure to lubrr ut a'�"Statemerit''of No Bid" may result;in not being' notified _Q _•f_ t ,g t .� .' .thV' -c �_.: z r [ t` - y - ? { .. L t )Yet, 7, . - S d.it .. .�../:A t...t...•...A_c.�ixLKp�' a;� ..a,�t?, � 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, 3rd Floor MIAMI BEACH, FL 33139 • RFQ 2015-160-YG Appendix B - Page 1 57 APPENDIX C MIAMIIEACH Minimum Requirements & Ssecifications• RFQ No. 2015- 1 44-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Honda 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 MIAMICEACH 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 M 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 . EACH Insurance Requirements 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 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 $ .Q0 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 2015-160YG Appendix E — Page 1 64 APPENDIX F MIAMIBEACH Sample Contract RFQ No. 2015- 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 2015-1 60 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 SCHEDULED CONSTRUCTION COST BUDGET 52 SCHEDULE E PROJECT SCHEDULE 53 SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 54 SCHEDULE G INSURANCE AND SWORN AFFIDAVITS 83 SCHEDULE H BEST VALUE AMENDMENT 84 RFQ 2015 160-YG Appendix E — Page 2 67 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND [INSERT CONSULTANT NAME] FOR CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES This Agreement made and entered into this day of , 2015, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and [ENTER CONSULTANT NAME], a [ENTER STATE OF INCORPORATION] corporation having its principal office at [ENTER ADDRESS] (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage the Consultant to provide specific professional services including, without limitation, NE services for the Project, at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of the aforestated professional services relative to the Project, as hereinafter set forth; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized representatives designated in writing (including the RFQ 2015-160-YG Appendix E — Page 3 68 Project Coordinator) with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the Services, and/or this Agreement). 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualification No. 2015- . 160-YG, entitled "Request for Qualification for Constructability, Cost, and Value Engineering Review Services, together with all amendments thereto (if any), and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the architect/engineer who has entered into a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, sub-consultants, agents, and any other person or entity acting under the supervision, direction, or control of Consultant. Any sub-consultants retained by Consultant for the Project shall be subject to the prior written approval of the City Manager. Consultant shall provide the Project Coordinator with copies of the contract between Consultant and any sub-consultant. Any such contracts shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and sub-consultants. Any approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Basic Services. The quality of services and acceptability to the City of the services performed by such sub-consultants onsultants shall be the sole responsibility of Consultant. P Y 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 2015-160YG 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 2015-160YG Appendix E — Page 7 72 1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. 1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A - Scope of Services. Schedule B - Consultant Compensation. Schedule C - Consultant Hourly Billing Rate Schedule. Schedule 0 - 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 parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the parties (subject to approval of the Agreement by the Mayor and City Commission) (the Effective Date), and shall be in . effect until all Services are completed or until the work and/or services under the Notices to Proceed in force at the end of the stated period of time have been completed and the Services accepted, whichever may be later. . 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 The Services shall be performed in a manner that shall conform to the approved Project Schedule, attached to as Schedule "E" hereto. The Consultant may submit requests for an adjustment to the Project Schedule, if made necessary because of undue delays resulting from untimely review taken by the City(or other governmental authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Coordinator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other RFQ 2015-160-YG Appendix E — Page 10 75 documentation as the Project Coordinator may require), t h o Project Coordinator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted) shall be in writing. 2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate the Agreement, as provided elsewhere herein. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator, Contractor, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all work required under the Agreement(including the work performed by sub-consultants), within the specified time period and specified cost. The Consultant shall perform the work utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of the work in the State of Florida. The Consultant is responsible for, and shall represent to City that the work conforms to City's requirements, as set forth in the Agreement. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's negligent acts or errors or omissions in the performance of the work. In addition to all other rights and remedies, which the City may have, the Consultant shall, at its expense, re-perform all or any portion of the Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with the above standards. The Consultant shall also be liable for the replacement or repair of any defective materials and equipment and re-performance of any non-conforming construction services resulting from such deficient Services for a period from the Effective Date of this Agreement, until twelve (12) months following final acceptance of the Work, and for the period of design liability required by applicable law. The Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of the corrections. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of the work required under the Agreement shall be construed to relieve the Consultant(or any sub-consultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws RFQ 2015-160-YG Appendix E — Page 11 76 for all damages to City caused by any failure of the Consultant or its sub-consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect to the performance of work by sub-consultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the sub-consultant's work. 2.9.1 The Consultant shall be responsible for deficient, defective Services and any resulting deficient, defective construction services re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance, not to exceed twenty-four months (24)from final acceptance. 2.9.2 Consultant Performance Evaluation: The Consultant is advised that a performance evaluation of the work rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any work performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. 2.11 [Intentionally Omitted] 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. RFQ 2015-160-YG Appendix E - Page 12 77 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of the first Notice to Proceed, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Coordinator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City Manager or his designee (which notice shall state the cause therefore), to promptly remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project ( including, without limitation, any sub-consultants). 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-public information concerning the Services or the Project, without the prior written consent of the City Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial proceedings, where such information has been 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 t e 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 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 "D", 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 Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such budget is exceeded, the City Commission may, at its sole and reasonable discretion, terminate this Agreement(and the remaining Services)without any further liability to the City. 4.5 If the lowest and best base bid exceeds the Construction Cost Budget by more than five percent (5%), the City Commission may, at its sole option and discretion, elect any of the following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many Deductive Alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget; or(5)work with the Consultant to reduce the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost Budget. In the event the City elects to reduce the Project Scope, the Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents), and provide re-bidding services, as many times as reasonably requested by the City, at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within five percent(5%) of the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; an hourly fee (in accordance with the rates in Schedule "C" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services may include, but not be limited to, the following: 5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and causes which do not currently exist, or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, RFQ 2015-160-YG Appendix E - Page 18 83 inadvertence, or negligence of Consultant). 5.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or negligence of Consultant. 4 5.2.3 [Intentionally Omitted] 5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts (except for Contract Document revisions and re-bidding services required under Section 4.5 hereof, which shall be provided at no additional cost to City). ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses allowance, as specified in Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any money not directed to be used by City for Reimbursable Expenses shall remain with the City (i.e. unused portions will not be paid to Consultant). .Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator (along with any supporting receipts and other back-up material requested by the Project Coordinator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are"true and correct and in accordance with the Agreement." 6.2 Reimbursable Expenses may include, but not be limited to, the following: 6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its sub- consultants, and courier, postage and handling costs between the Consultant and its sub-consultants). 6.2.2 Costs for reproduction and preparation of graphics for community workshops. 6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project (i.e. City permit fees). RFQ 2015-160-YG Appendix E — Page 19 84 ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be $ , including a Reimbursable Expenses allowance of$ 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. 7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule "C" attached hereto. Any request for payment of Additional Services shall be included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-contracted or not). 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the "Not to Exceed" Reimbursable allowance amount in Schedule "B" hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved and executed by the City Manager, adjust the fees included in'the Hourly Billing Rate Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price Index (CPI) on a year to year basis. Such adjustment will be based on the cumulative change of the CPI for the Miami urban area, provided that in no event shall any the annual increase exceed three percent(3%). 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the respective hourly billing rate associated therewith. In the event sub-consultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s)or Reimbursable Expense(s) shall accompany the invoice. RFQ 2015-160-YG Appendix E — Page e 9 20 85 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work(by employee category), and cost itemizations for Reimbursable Expenses (by category). 7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written approval of the City Manager before disbursement of same. ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing. In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs RFQ 2015-160-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 precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty(30)days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) RFQ 2015-160-YG Appendix E - Page 23 88 stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator). ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator: (a) Professional Liability Insurance, in the amount of [ENTER AMOUNT], per claim, with a maximum deductible of [ENTER AMOUNT] per claim, $450,000 aggregate. Consultant shall notify the Project Coordinator, in writing, within thirty (30) days of any claims filed or made against its Professional Liability Insurance policy. (b) Comprehensive General Liability Insurance, in the amount of [ENTER AMOUNT], Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which shall include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits required under Florida law. 11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.3 The insurance must be furnished by an insurance company rated B-1-:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. RFQ 2015-16O 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-Y0 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 g of 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 e 9 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 P 16.5.2.4A log is developed to track each set of documents logging in the date, time, and name of the individual(s) that work on or view the documents. 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in these Contract Documents prepared by Consultant, including documents prepared by its sub- consultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercial facilities. 16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other Consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other Consultant to perform any such incidental Services. 16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject to the prior written approval of the City Manager. 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, RFQ 2015 160-YG Appendix E — Page 29 94 materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said Services. 16.12 INTENT OF AGREEMENT: 16.12.1 The intent of the Agreement is for the Consultant to provide design services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. 16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 16.13 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] RFQ 2015-160-YG Appendix E — Page 30 95 1 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 e 9 31 96 SCHEDULE A SCOPE OF SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & [ENTER CONSULTANT NAME] CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SEVICES RFQ 2015-160-YG Appendix E — Page 32 , 97 SCHEDULE B CONSULTANT COMPENSATION AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & [ENTER CONSULTANT NAME] CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SEVICES Project Name and No: Scope of Services: Fee for this Service Order: $ Note: These services will be paid lump sum based on percentage of work complete as identified in the Consultant Service Order. RFQ 2015-160-YG Appendix E — Page 33 98 SCHEDULE C HOURLY BILLING RATE SCHEDULE RFQ 2015-160-YG Appendix E — Page 34 99 SCHEDULE D COSTRUCTION COST BUDGET RFQ 2015-160-YG Appendix E — Page 35 100 SCHEDULE E PROJECT SCHEDULE RFQ 2015-160-YG Appendix E — Page 36 101 P 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 I 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 ATTACHMENT C CONSULTANT'S RESPONSE TO THE RFQ 35 Prepared For: . , frfe- /v\ IAAAIBEACH . .. , ‘• ,.....• .....,,, . 4 , .z.,‘ Je* ' T.` 1 A 1 Itjowl „., , ,„ -------...._ -.., ., TX(iii.,, ,,441 if , .417, 1,1,...k, ' ,,,,,i.i....,4,,,. ' ,, 1 i-i•-•i'-AIM —,, - '''' 1 - ' ' ;■:2, AFL - ..._ � +yy . _, r n � g- n�°Fd r Ili A Ot ' Il� :N RFQ No. 2015-160-YG j Ewe - 1. . 2 •.- _ ,,4114 +�x August 25, 2015 014 41 R I B U.S. COST running together Submitted by: Submitted to: U.S. Cost, Inc. d/b/a RIB U.S.COST City of Miami Beach 11900 Biscayne Boulevard,Suite 620 1755 Meridian Avenue, 3rd Floor Miami, FL 33181 Miami Beach, FL 33139 Constructability, Cost and Value Engineering i ;_ -- •� F . c Review Services _ • ......, ___ i,ric a.0 v'Ro s[cT, 1.1 Cover Letter and Table of Contents 1 Cover Letter& Minimum Qualifications Requirements 1.1 Table of Contents and Cover Letter Page 1 1.2 Response Certification, Questionnaire & Requirement Affidavit (Appendix A) Page 5 1.3 Minimum Qualifications Requirements Page 12 2 Experience & Qualifications 2.1 Qualifications of Proposing Firm Page 21 2.2 Qualifications of Proposer Team Page 32 Resumes Page 41 2.3 Qualifications of Project Manager Page 62 2.4 Financial Capacity Page 64 3 Approach & Methodology Page 65 Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page I 1 1.1 Cover Letter and Table of Contents RIB U.S.COST has the highest interest in becoming the selected consultant to provide the City of Miami Beach with constructability,cost and value engineering review services. We are excited about the opportunity to continue to provide professional services for the city, and especially to continue our contribution on the landmark Miami Beach Convention Center Project. Our core practice and dedication to the design and construction industry,for over three decades, has primarily focused with the specific capabilities identified in the Request for Qualifications. On one hand, it is very exciting to know that we are keen) ositioned to be ver successful in continuin 0014 �' ���y p y g to running together ■ ■ transform the Capital Improvement Program department to one that institutes quality and consistency at preliminary phases of a project,from which to initiate the project S PCI delivery process and maintain cost control and maximize CONSULTANTS,INC. PROGRAM CONTROLS Inc. value along the way. On the other hand,this is a very serious initiative that is extremely important to the Miami Beach community as it relates to how the City will embark upon an expansive approach to establishing reliable budgets. The RIB U.S.COST team is comprised of RIB U.S.COST, CES Consultants, Inc. (CES) and Program Controls, Inc. (PCI), both being a certified Minority Business Enterprise (MBE). We believe our team is the best qualified to meet your needs and we are most interested in becoming selected to work with the City of Miami Beach. As the Proposer, RIB U.S.COST, will manage this contract directly from our local office led by Mr. Glenn Wilcox, Vice President, located at: 11900 Biscayne Boulevard, Suite 620 Miami, Florida 3311 786.953.7817 voice 786.953.7824 fax gwilcox @uscost.com email RIB U.S.COST has global capabilities in providing cost estimating and related services that include scheduling, life cycle cost analysis, constructability,value engineering and risk analysis. With a dedicated staff of cost management professionals, RIB U.S.COST has completed several thousand unique assignments for our clients over the past 30+years. Our multi-disciplined staff includes certified construction cost estimators, schedulers and certified value specialists in all disciplines necessary to work effectively with design teams and agency representatives.The majority of RIB U.S.COST work is with as-needed type contracts.Therefore, we have the corporate expertise to effectively manage multiple and concurrent task orders in a quick response fashion. Cost estimating, constructability and value engineering services for projects in planning and design is a core competency and a key element in the administration of program cost control, in particular with comprehensive CIPs. Accurate estimates assure that agency financial resources can be put to optimal use. Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 12 1.1 Cover Letter and Table of Contents Reliable budgets and accurate project cost estimates require an experienced estimating team during preliminary phases to accurately assess the intended scope and satisfy final project requirements.The ideal approach to staying within budget and maximizing value begins by first developing a thorough budget estimate that tightly correlates to the scope with practical construction means and methods, schedule with phasing and work sequence, from which to exercise project control. Our experience in providing quality cost control services in planning, pre-construction and through construction completion is unmatched. The RIB U.S.COST Team is experienced with the Florida construction market and current trends. We have provided our services to Florida clients for 29+years from our offices in Miami,Tampa and site offices across the state. Our sample Florida projects included: • Convention Center Renovation, City of Miami Beach 4 •: La Gorce Right of Way Infrastructure Improvement, City of t Miami Beach � ' r •:• City of Miami Springs Aquatic Facility •: Port of Miami,Terminal A i- •:• Jackson Hospital Renovation, Miami •:• AirportLink, Orange Line, Phase I, Miami North Terminal Development, Miami International Airport •:• South Terminal Expansion Program, Miami International Airport •:• Automated People Mover System, Miami International Airport a VW,+1+ ++� ` University of Miami, Rosenstiel School of Marine and Atmospheric Science •:• University of Miami, Interdisciplinary Wet Lab Research Facility, Biomedical Research Facility •:• Fort Lauderdale Public Realm Initiative •:• The Ritz Carlton Members Golf Club, Sarasota •:• Pelicans Nest Golf Clubhouse, Bonita Springs .!�" •'• Oak Harbor Clubhouse, Grand Harbor •:• Vero Beach Center for the Arts,Vero Beach, FL •:• Tampa-Hillsborough Expressway,Tampa • 28 Lane Bowling Center, Eglin AFB °r` s� •.• Recreation Center and Shoppette, Eglin AFB •:• Add/Alter Youth Center, Hurlburt Field gr •: United Methodist Church, H2O Youth Building, Panama City •:• Forensic Scheduling and Claims Analysis Support, Fort Myers Regional Airport Why we are the Right Team Each year we prepare over a 1,000 independent cost estimates; over 50 V.E. studies focused on increasing value over the project life, over 100 schedules for owner/agencies, over 30 constructability reviews and over 500 change order estimates. In regards to constructability reviews and value engineering measures that are focused on cutting costs, our independent cost estimates are prepared by our staff that has a trained eye to document constructability concerns, bidability concerns, and cost savings recommendations as an intrinsic Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page I 3 1.1 Cover Letter and Table of Contents There is a direct correlation to the majority of our work throughout our corporate history and what the City of Miami Beach seeks in maximizing quality improvement opportunities via the proposed contract. In a given year, we provide a very high return on investment(ROI) usually in the neighborhood of 40:1 relative to the fees we receive. Most importantly we instill confidence and trust into your decision making process. We are part of the community and understand the cultural and historical importance of maintaining the City's assets at a level that address the needs of the residents. We have one of the best Project Managers backed by happy clients, and we will provide the City with the results they seek in this improvement program. The RIB U.S.COST Team has History working together! The RIB U.S.COST Team member firms have collaborated with local agencies in the South Florida area on a number of occasions on projects in the recent past. Our ability to make a difference is well known. Via} • • We look forward to supporting the City of Miami Beach with our professional services and pledge a corporate commitment to this contract and to ensuring nothing less than a happy, satisfied client. Sincerely, RIB U.S.COST Glenn Wilcox,CEP Vice President Constructability, Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 1 4 APPENDIX A MIAMIBEACH Response Certification , Questionnaire & Requirements Affidavit RFQ No. 2015- 1 44-YG Constructability, Cost, and Value Engineering Review Services DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Page 5 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 vusbeldonzalezt miamibeachfl.aov 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: U.S. Cost, Incorporated d/b/a RIB U.S.COST No of Years in Business: 33 No of Years in Business Locally: 19 No of Employees: 45 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: n/a FIRM PRIMARY ADDRESS(HEADQUARTERS): 1200 Abernathy Rd NE, #950 CITY: Atlanta STATE: GA ZIP CODE: 30328 TELEPHONE NO.: 770.481.1600 TOLL FREE NO.: 800.955.1385 FAX NO.: 770.481.1640 FIRM LOCAL ADDRESS: 11900 Biscayne Blvd, #620 CITY: Miami STATE: FL ZIP CODE: 33181 • PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Glenn Wilcox, Vice President ACCOUNT REP TELEPHONE NO.: 787.953.7817 ACCOUNT REP TOLL FREE NO.: 800.955.1385 ACCOUNT REP EMAIL: gwilcox @uscost.com FEDERAL TAX IDENTIFICATION NO.: 58-1827672 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 Page 6 MIAMIBEACH 1. Veteran Owned Business.Is ro oser claiming a veteran owned business status? YES I 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. N/A 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 N/A 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. Included on Page 4 of Appendix A. 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 l X NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). N/A 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. N/A 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/. RIB U.S.COST will adopt the City of Miami Beach Code of Ethics. 7. Living--Vlfage,Purs..• _ -;,• ••: ••• - .-• -. - . .e-may-be-amended-f mete-tire,-PropeseF shallbe-fe:.• :: . .- - - -- • -- - -- -. .. - • - - : • • • • The-1wi•. .. . - .•. - • -. . - •- - - • . , - :.- -•- _ • - -:41-FAission--be-indexed--annually--feF-inflation using-418-04P • •- •-- - • - --• --••• - - -' - ' -miIFt.Lauderdale, RFQ 2015-160-YG Appendix A- Page 2 Page 7 MIAMIBEACH B ceau-eftaber Statistics—Netw+tlastaadfr the-presedingrne"annual-index-s#all-exseed-three percent-(3%}-The-city-may-atse;-by resolution;elect-not-te-index-the-living-wage-Fate-in-any-eaFtisulay►eacrif-it-determines it w ptement kopasefsLfailure^te`semply-wish thi pc visian-shaall-be-deemed-a-material-b reach-wier-thls-pcoposal untler-whish-the-Gity-ena* at-its sole-option;immediately-cleem-sa' •.. - .-e• • -, -'t • - - - -object-prepeseF-te•additienal-penalties-and Frnes,-as-provided-4;e-Gitys-diving-sAlage-Grdinanse s-amend e-Living-Wage-requirement--is SUBMtT-TAE REQUIREMENT 410-additional-submittal-is-required-By-virtue-of executing-this-a€lidavit-document;Rrepeseragrees 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 X X Sick Leave X X Family Medical Leave No(due to size) Bereavement Leave X X If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance.To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee. Approval is not guaranteed and the City Manager's decision is final.Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement!. 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,Statement of Qualifications,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. RFQ 2015-160-YG Appendix A—Page 3 Page 8 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 TF Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 TF Addendum 4 Addendum 9 Addendum 14 TF Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. Response to Item 3.References&Past Performance. -.Firm Name: Miami-Dade County Aviation Department Contact&Title:Enrique Perez,Project Manager Address:4301 NW 22nd Street, Building 3030,2nd Floor, Miami FL 33102 Phone:305.869.3569 Email:EPerez @ miami-airport.com Narrative of Scope of Services Provided: Professional Cost Estimating&Scheduling services since 2008. —.Firm Name: PortMiami Contact&Title:Mr.Felix Pereira, R.A.,A.I.A., Chief-Seaport Planning and Grands Administration Address: 1015 N.America Way, Miami FL 33132 Phone:305.347.5505 Email:fpereir @miamidade.gov Narrative of Scope of Services Provided: Estimating services on two separate projects. Firm Name:The Metropolitan Museum of Art Contact&Title:Joe Shatoff,Senior Manager-Special Projects&Strategic Planning Address: 1000 Fifth Avenue,New York City NY 10028 Phone:212.650.2404 Email:joe.shatoff @metmuseum.org Narrative of Scope of Services Provided:Long Term Feasibility and Cost Evaluation for the Modern Wing Design proposals. RFQ 2015-160 YG Appendix A-Page 4 Page 9 MIAMIBEACH DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City'')for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications,may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the 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 recipients 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 them 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 solidtation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 201 5-160-YG Appendix A—Page 5 Page 10 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: Glenn Wilcox,CEP Vice President Signature of Proposer's Authorized Representative: Date: B-l�'t-l� Tick _11 State of�6RIOA ) On this day of ...UDC ,20E)personally appeared before me CM_ itii who County of stated that (s)he is the \C- 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: ��`��'=''••. TRINA L. FREEMAN Notary a "tQx 1 B t:� ry Public for the State of-E� Notary Public,State of Texas My Commission Expires My Commission Expires: 2-\a- '��►;; «�a�` August 12, 2017 RFQ 2015-160-YG• Appendix A—Page 6 Page 11 1.3 Minimum Qualifications Requirements 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. RIB U.S.COST covers this minimum qualification by the use of consultants identified as a member of our team. Mr.Scott Fink is a State of Florida Certified General Contractor,and Mr.Ashish Kumar is a State of Florida Professional Engineer as shown in each license below. All‘ '=' Construction Industry ;;�• ` , , Licensing Board ',?..1B we-vi':;.' E ur ° --"'--'-'-'1'. a�r r ���_ RY AUTHORITY OF C:FiAiTCEH 48n,PAKT C3NL CAF TFII_ —/<: �' '` FLORIDA STATUTES HEREBY CONFERS UPON 1 LtIIktu ►nett 3huk j% THIS CERTIF1CATE OF COMPETENCE AS A CERTIFIED t pni rzzt Olntttrartur TOGETHER 111TH ALL RIGHTS,PRIVILEVES.AND RESPONSIBILITIES APPERTAINING THERETO.IN TESTIMONY WHEREOF THE UNDERSIGNED HAVE SUBSCRIBED THEIR NAMES AND AFFIXED THE SEAL OF THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD THIS SECOND DAY OF AUGUST, 198s_ i.is rrri6ilrslr in nwl•lia.wsr. • 2 mar R `�� r ra,p l,f ; '� _ c C/Y' r�l rE� D f fJ L+CI79 r[T1Ci)r of 5RAFf ON, 1N' P' INSKO4 'bl.L' IN �l '' : y.:N 1• Professional ��4 L Regulation s 1,r ;{ VqIy ''/ Frcl•ms IT.11: of State o = Florida Board of Professional.Engineers Attests that Ashish Kumar , P.E. - 4FBPE .!,,.v \fire Y•1)111 Is licensed as a Professional Engineer tinder Chapter 471,Florida Statutes Expiration:2/28/2017 P.E.Lic.No: Audit No: 228201726221 5S02S Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page I 12 1.3 Minimum Qualifications Requirements Minimum of Five (5) Years Experience Providing Services Outlined U.S.Cost,Incorporated d/b/a RIB U.S.COST(RIBUSC)was founded in November of 1983. The Company initially began providing services in preparing construction cost estimates for architectural and engineering clients on projects throughout the Southeast.Within a few years,with the addition of major cost estimating contracts with the Dallas-Fort Worth International Airport Board,Army Corps of Engineers, U.S.General Services Administration and others,the Company was well on its way to becoming a major cost consultant to the design and construction industry. Cost Estimating services have been our core business for over 30 years and scheduling&value engineering/ g Y g g g review services for over 20.The information provided as our verifiable minimum five(5)years experience is a reflection of our Company itself—not an affiliate. Our 30+years of cost consulting experience is backed by years of satisfied, returning clients.Shown as commendations we have received,the below demonstrates verifiable experience in providing Cost Estimating and Scheduling services for our clients. "April 2, 2001 - "July 27, 2006- "November 6, 2012- Subject: Dade During the last 5 ...U.S.COST has been County School engaged to provide years your role as District Expansion cost estimating Professional Cost and Rehabilitation services for the Estimating Services Program. - Consultant for the ....U.S.COST has Architect of the Miami-Dade Aviation been our stable Capitol for over eight Department has support on the DCSD years...the work contributed program and the provided by the USC significantly to the cornerstone for its staff is consistently success of our$6.4 successful professional and Billion Dollar Capital completion." delivered in a timely com p manner. Improvement Charles E. Johnson, Curtis Dyer, Program Program." P.E., President Jose Abreu, P.E. Manager(Architect of (Williams-Russell and the Capitol) Director(Miami-Dade Johnson, Inc.) Aviation Department) Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 113 1.3 Minimum Qualifications Requirements Proposing Firm's Successfully Completed Projects Convention Center I Renovation �r . _ 1 -- ,, lir. ,_ .... . • __,......1 City of Miami Beach, FL ,,k �'' „, ; , 4 ,., 1,0000‘... 11 -.-_-_ ,___________„......„.___._ el , . . . _4,..______. -..... 'It '4-4 ' ' ' 78 4,4 Voirt ., Project Renovation and Addition of the Miami Beach Convention Center Descri•tion Assigned Tasks& RIB U.S.COST was responsible for providing cost estimating services to establish realistic budgets and Responsibilities to evaluate the cost component from Design Builder proposals. RIB U.S.COST was assigned the tasks and responsibility of 1.) Providing review of initial project budget submitted by the Design Criteria Consultant;2.) Providing cost alternative estimates; 3.)Attending progress meetings and review document updates;4.) Providing 30%cost estimate for validation of the Design Criteria Consultant estimate; 5.) Negotiation Support of the Design-Build Contract;6.) Providing 100%Design Development estimate and reconciliation with the Construction Manager at Risk(CMR)estimate; 7.) Providing a Guaranteed Maximum Price(GMP)estimate; and 8.) Reconciliation of the GMP estimate with the CMR's GMP estimate and assistance with the final negotiated GMP value. Cost Estimatin. •Constructabilit •Value En.ineerin•/Review Agency City of Miami Beach Agency(Client) Maria Hernandez, 305.673.7490 (Client) Contact, Phone& mariahernandez a(�miamibeachfl.Qov Email Month&Year May 2015—Current Term of May 21, 2015-October 21,2015; Services May 2014—November 2014 Engagement May 28, 2014—November 28, 2014 Started and Completed Total Cost/ $394,500/$394,392 Total Cost of N/A—In Progress Fees Paid to Construction Firm Estimated &Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 114 1.3 Minimum Qualifications Requirements Neighborhood No. 5 / La — psi F Ys� a ,yl�, . Itli• Gorce Right of Way +���..r�. �i1 �; �����Y"rte � �.�.lJ �.•�1+ 4 y - Infrastructure Improvement...- City of Miami Beach, FL �. Project Complete replacement and upgrades to the potable water distribution and storm water drainage Description systems, replacement of existing asphalt streets and driveways to correct water pending conditions. Also included in the project scope is the addition of ADA ramps at a majority of street intersections, landscaping, new pavement markings,select sidewalk replacements and correction of recorded encroachments onto public areas. Cost Estimating • Assigned Tasks RIB U.S.COST was assigned the tasks and responsibility of 1.) Review and interpretation of the Design & Criteria Package for Design Build services; 2.) Preparation of an independent cost estimate. Responsibilities Agency City of Miami Beach Agency(Client) Maria Hernandez,305.673.7490 (Client) Contact, Phone& mariahernandezmiamibeachfl.gov Email Month & July 2012 Term of July 2012 Year Services Engagement Started and Completed Total Cost/ $34,110/$34,110 Total Cost of N/A: provided a cost review of a Fees Paid to Construction Design Build Proposal Firm Estimated & Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 115 1.3 Minimum Qualifications Requirements NYCOMB Value Engineering, Value Analysis & Constructability g ` Analysis IDIQ , New York, NY ; A _ .os+ Project RIB U.S.COST provides Value Engineering Services up to full 40'hour On-Site V.E. Studies,Value Description Analysis and Constructability Analysis/Reviews for New York City. Assigned Tasks Projects are city-wide with varied scopes. Over 250 individual tasks have been performed for OMB since & the inception of our contract over 20 years ago. Sample facilities include:wharves,ferry terminals, Responsibilities hospitals, correctional facilities, nursing facilities,golf courses, police academy's. Cost Estimating •Constructability•Value Engineering/Review Agency New York City Office of Agency (Client) Jill Woller,212.788.6137 (Client) Management&Budget Contact, Phone& WollerJ a(�omb.nvc.gov Email Month & September 1989-Current Term of September 1989-Current Year Services Engagement Started and Completed Total $8,000,000/$7,500,000 Total Cost of Varies/N/A—In Progress Cost/Fees Construction Paid to Firm Estimated & Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page I 16 1.3 Minimum Qualifications Requirements Project Manager Has Minimum of Five (5) Years Experience Providing Services Outlined Our Project Manager, Patrick Pedigo, CEP, has over 15 years experience in managing and providing construction cost control services includes extensive cost estimating and project management. Patrick is a proven cost control leader and excels in handling the total management of projects on a daily basis. His three projects highlighting some of his experience are shown below. Since 2014, Patrick has led the RIB U.S.COST Estimating team that has successfully worked with the City of Miami Beach to provide cost estimates throughout design and preconstruction phases for the Convention Center Renovation Project. RIB U.S.COST's specialization in preparing cost estimates, local presence and knowledge of the south Florida construction market provides the City of Miami Beach with unmatched Cost Estimating Services. In 2014, early cost estimates indicated that the Convention Center project was over the City's$500M Budget. Patrick worked closely with office of the City Manager and the Project Team to develop cost estimates at the Schematic Design and Design Development stages of design.As a result of these early, accurate cost estimates, RIB U.S.COST was able to bring the project within the original design budget by working with the city's Architect to identify$41M in scope reductions. The magnitude and complexity of the Convention Center Renovation Project requires cost estimating specialization in all areas of construction including; underground utilities, special foundations, structural systems, complex exterior enclosure systems, parking decks, central mechanical plant equipment, HVAC systems, electrical power and special electrical systems. Patrick has been instrumental in the direction of all disciplines. The Convention Center Renovation Project is currently moving through the preconstruction phase. RIB U.S.COST is providing estimating support including cost evaluation of the Construction Managers' cost estimates as well as reconciliation and negotiation support for GMP proposals—all led by Patrick. Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page I 17 1.3 Minimum Qualifications Requirements Project Manager's Successfully Completed Projects The Metropolitan Museum of Art Facilities Master Plan New York City, NY Project Professional Cost Estimating Services for the Metropolitan Museum of Art Description Assigned Tasks RIB U.S.COST provided Cost estimating services related to the Facilities Master Plan that is expected to P 9 P & serve as a framework for all construction activities and infrastructure modernization at the Museum over Responsibilities the next 20 years. The Master Plan consisted of the Modern and Contemporary Wing, Fifth Avenue Concourse, Egyptian Galleries, European art Galleries, Sackler Wing,Wing X,Asian Art Galleries, Grace Rainey Rogers Auditorium and Asian Art Galleries. • • Cost Estimating •Constructability•Value Engineering/Review Agency Beyer Blinder Belle Agency(Client) Carolyn Straub,AIA, LEED AP (Client) Contact, Phone& 212.353.6785, cstraub(@,bbbarch.com Email Month & November 2012—September 2013 Term of November 2012—September 2013 Year Services Engagement Started and Completed Total $300,000/$239,000 Total Cost of $2.8B/N/A—In Progress Cost/Fees Construction Paid to Firm Estimated & Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page l 18 1.3 Minimum Qualifications Requirements North Terminal Development, �� �-'�;•=.�� ARIWAOPPW Miami International Airport Miami, FL .. � _ • Project Professional Cost Estimating Services and Budget Validation for the renovation,expansion and Description consolidation of Concourses A through D in the North Terminal. The work includes 1.8M SF of new space and 1.7M SF of renovated space, a 400k SF Federal Inspection Facility and a 1.6 mile long Automated People Mover(APM). Assigned Tasks Our services included Independent Cost Estimates, cost impact analysis, claims analysis, maintaining & change order logs, change order review and negotiation support. From January 2006 through June Responsibilities 2011,we reviewed NTD change orders with a proposed value of$224,258,185 and a final settlement value of$189,146,539. Our review and negotiation support helped the county achieve this reduction of $34,111,646. We also provided change order settlement records, on call special estimating support and Value Engineering services. Cost Estimating •Constructability•Value Engineering/Review Agency Heery International(S&G) Agency(Client) Fernando Gavarrete, 305.441.1556 (Client) Contact, Phone& FGavarrete a(�miami-airoort.com Email Month & September 2007—January 2014 Term of September 2007—January 2014 Year Services Engagement Started and Completed Total $6,200,000/$6,128,373 Total Cost of $3B/N/A—In Progress Cost/Fees Construction Paid to Firm Estimated & Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 119 1.3 Minimum Qualifications Requirements Port of Miami, Cruise Terminal D Improvements Miami, FL •.,fie„ —_ _ Moir Project RIB U.S.COST was tasked to provide an Independent Cost Estimate for the Cruise Terminal D Description Improvements Projects.The Cruise Terminal D Improvements Projects consist of two Phases: Phase I—Cruise Terminal D Interior Upgrades-includes installation of a new modular furniture glass wall system and doors, minor demolition work such as removal of counters, bank of telephones and drywall partitions. In addition slight life safety upgrades. Phase IV—Cruise Terminal D Expansion—includes new doghouse and canopies, Terminal D expansion, renovation of the existing Terminal D, new PBB Door, new East restroom. Assigned Tasks RIB U.S.COST was tasked to provide an Independent Cost Estimate. Responsibilities Cost Estimating • Agency Bermello Ajamil&Partners Agency (Client) Saul Suarez, 305.860.3772 (Client) Contact, Phone& ssuarez @bermelloajamil.com Email Month & September 2011 —November 2011 Term of September 2011 —November 2011 Year Services Engagement Started and Completed Total $21,840/$27,840 Total Cost of $7.4M/$7.7M Cost/Fees Construction Paid to Firm Estimated & Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 120 2.1 Qualifications of Proposing Firm Firm's History 04 RIB rtosir was established in 1983 as an estimating and cost management services or anization. In the late 1980's we running together saw a need for a more structured and standardized estimating solution to support both our internal and client's estimating requirements. To better manage the production requirements of a production estimating firm, RIB U.S.COST developed an internal windows based estimating solution. As many of our clients were exposed to the solution, it became apparent a solution of this type,to replace the inherent unpredictability of spreadsheets,was required. To accommodate this need, RIB U.S.COST invested in becoming not only a services organization but also a professional software development group. Over time,the software group would become its own distinct department within RIB U.S.COST but continuing the organizational cost scheduling value engineering attention to the practitioner and services effort related to estimating cost review performing estimating, cost value analysis negotiation project control owners management, and p o�ect The evolution continued when it constructability budget representative became clear that there was a claims management change order management need to have a centralized solution value engineering to manage all estimates within an organization's portfolio which lead to RIB U.S.COST to continue innovation, past the first commercial windows estimating solution with the first enterprise, browser based solution in 2001. Identifying an additional need to control the flow of content across this expanding enterprise, RIB U.S.COST expanded the offering with a browser based document and contract management module in 2012 that focused on advanced workflow capabilities and dashboards. RIB U.S.COST continues to believe that having a strong base of practicing services professionals is vital to our business to support owners and agencies, and offers a unique development environment upon which to grow our software solution. Within the same office, for instance, estimators using the solution to support clients with deliverables such as cost estimates and resource loaded schedules, work adjacent to software development professionals designing the very engine on which the project controls engineers work. This rare ecosystem offers a real opportunity for immediate solution feedback, design innovation and actual business specific support. This philosophy continues to be fostered within the new combined organization of RIB U.S.COST. Relevant Experience RIB U.S.COST continuously perfects construction cost management professionals—supplying them with the technology/resources necessary to give clients reliable cost information. Cost consulting and management is all about value.As a leader in providing cost consulting services, RIB U.S.COST will assist in managing the cost of your project and stay within budget. Schedule controls assure that each job is delivered on time and Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 121 2.1 Qualifications of Proposing Firm provide the software tools which support cost management and project control professionals—to do their jobs most efficiently. In all cases,the RIB U.S.COST Team acts as technical extension for the client's"in house" resources. RIB U.S.COST has maintained outstanding relationships with numerous local, city, state and federal governments. Our staff understands how to work with these and other government agencies to achieve success with every project. Some cities agencies and organizations in the South Florida area for which we have provided our services on their projects include: ♦ City of Miami Beach ♦ Jackson Hospital ♦ City of Deerfield ♦ City of Fort Lauderdale ♦ City of Miami Springs ♦ City of Vero Beach ♦ Miami-Dade County ♦ Cape Canaveral ♦ Miami International Airport ♦ Tampa-Hillsborough County Expressway ♦ Miami-Dade County Public Schools Authority ♦ University of Miami ♦ Tampa Housing Authority ♦ Port of Miami RIB U.S.COST's core practice has been and is with cost control related activities. This is precisely where we continuously develop our skills and competencies for all professional staff. The table below is a snapshot of our experience in Constructability, Cost Estimating and Value Engineering that has had similar requirements to the City's RFQ. Project Constructability Cost Value Other Services Estimating Engineering Renovation of Convention ✓ ✓ Negotiations Center, City of Miami Beach _ _ _--- --._----- -----------_--- Professional Cost Estimating ✓ Scheduling and Scheduling Services— ✓ Negotiations Miami-Dade County(MDC) ✓ ✓ Claims ✓ Market Studies Aviation Department ✓ Bid Analysis ✓ Cost database development Miami North Terminal—Miami ✓ Scheduling International Airport ✓ ✓ ✓ ✓ Negotiations ✓ Claims AirportLink(Orange Line, ✓ Phase I) ✓ ✓ ✓ NYC Office of Management& ✓ Risk Analysis Budget, VE&Cost Engineering ✓ ✓ ✓ Department of State As-Needed ✓ ✓ Scheduling Cost Estimating &Scheduling ✓ Forensic Schedules Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 122 2.1 Qualifications of Proposing Firm Project Constructability Cost Value Other Services Estimating Engineering Services ✓ Claims Program Management for ✓ Risk analysis Anacostia Waterfront Initiative ✓ ✓ ✓ - — ----- -------------------- Capital Development Program- ✓ Market Studies Cost Management- ✓ ✓ Negotiations Washington Reagan National ✓ Claims and Dulles International Airports On-Call,As-Needed Cost ✓ A/E Fee Estimates Estimating Services,Architect ✓ of the Capitol National Bio and Agro Defense ✓ Scheduling Facility, Department of ✓ ✓ Negotiations Homeland Security The Metropolitan Museum of ✓ Art Master Plan RIB U.S.COST is already familiar with working with the City of Miami Beach. Our Estimating team has successfully worked with the City of Miami Beach to provide cost estimates throughout design and preconstruction phases for the Convention Center Renovation Project. RIB U.S.COST's specialization in preparing cost estimates, local presence and knowledge of the south Florida construction market provides the City of Miami Beach with unmatched Cost Estimating Services. In 2014, early cost estimates indicated that the Convention Center project was over the City's$500M Budget. RIB U.S.COST worked closely with office of the City Manager and the Project Team to develop cost estimates at the Schematic Design and Design Development stages of design.As a result of these early, accurate cost estimates, RIB U.S.COST was able to bring the project within the original design budget by working with the city's Architect to identify$41M in scope reductions. The magnitude and complexity of the Convention Center Renovation Project requires cost estimating specialization in all areas of construction including; underground utilities, special foundations, structural systems, complex exterior enclosure systems, parking decks,central mechanical plant equipment, HVAC systems, electrical power and special electrical systems. The Convention Center Renovation Project is currently moving through the preconstruction phase. RIB U.S.COST is providing estimating support including cost evaluation of the Construction Managers' cost estimates as well as reconciliation and negotiation support for GMP proposals. Software Success in providing all facets of cost control not only requires the right people, but also,the right people with an array of software capabilities and expertise.The majority of our team has been involved with construction cost control for at least 10 years; many, more than 20. With those years of service come exposure,training and use of many varieties of estimating and scheduling industry software applications. As Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 123 2.1 Qualifications of Proposing Firm p 9 a Corporate standard,we utilize the latest versions of our software and continuously refine our process methods and practices via training and employee development. As practitioners we keep abreast with industry leading applications and maintain expertise with core areas of construction project delivery to support our clients with that unique blend of consulting services and optimal utilization of software to achieve maximum results. We maintain competency in these general areas with industry software: Project BIM 4D 3D Software Scheduling Estimating Scoping Controls & &5D CAD/ Related Related Related Project Management Enabled BIM Primavera P6 Enterprise Project Portfolio Management(All • • Versions thru 8.3) Claim Digger(Included in P6) • MS Project • • BIM 4D(as a practice) • • • Hard Dollar • Schedule Analyzer • MS Project iTWO 5D Project Delivery • • • • • Success Estimator • • MC2ICE • • Sage Timberline • MII—MCACES 2nd Generation • Autodesk Revit • • Primavera Expedition,Cost • Manager Bentley MicroStation • DProfiler • On-Center On-Screen Takeoff • SharePoint • Success Cost • Manager/Document Manager @Risk • Crystal Ball • Proven Track Record RIB U.S. COST has a sound record of on time, on budget performance on our projects,verifiable through our references. RIB U.S. COST receives a large share of our revenues from government clients where on time performance and proven ability to perform quality work within budget are critical to obtaining new contracts. The following are sample projects on which RIB U.S.COST has demonstrated success in providing cost estimates which were less than 6%of actual contract cost: Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 124 2.1 Qualifications of Proposing Firm Project Estimated Cost Bid Cost Variance Surgery Addition, Miami Baptist Hospital $7,400,000 $7,485,000 1.14% MARTA Doraville Rail Station, GA $22,678,000 $22,109,999 2.57% U.S. Federal Courthouse,Tampa FL $57,201,000 $55,385,000 3.28% Ft. Belvoir Army Hospital, Ft. Belvoir,VA (Initial DBB Package) $740,890,100 $765,000,000 4.1% FDIC Student Residence Center,Arlington,VA $5,190,000 $4,900,000 5.5% U.S.Army Reserve Center Renovation, Mesa, $4,793,567 $4,673,000 2.1% AZ Ft. Stewart Chilled Water Phase 1 Hinesville, GA $11,600,000 $11,800,000 2% VAMC Indianapolis,5th Floor Psych Ward $4,054,682 $4,095,459 1% Renovation Indianapolis, IN Poly Trauma Rehabilitation Center(PTRC), $8,312,000 $7,845,260 4.5% Richmond VAMC Student Services Center Chesapeake,VA $ 15,286,580 $ 14,560,000 5% Unified Security Forces Operations Facility Ft.McGuire AFB,NJ $6,075,300 $6,265,892 4% New River Water Treatment Plant Jacksonville, FL $7,762,000 $7,933,000 2.2% Constructability, Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 125 2.1 Qualifications of Proposing Firm Relevant Projects Convention Center - r Renovation. City of Miami Beach, FL r,k � _• r ALL.,„ load 11.1110:_, Project Renovation and Addition of the Miami Beach Convention Center Description Assigned Tasks RIB U.S.COST was responsible for providing cost estimating services to establish realistic budgets and & to evaluate the cost component from Design Builder proposals. RIB U.S.COST was assigned the tasks Responsibilities and responsibility of 1.) Providing review of initial project budget submitted by the Design Criteria Consultant;2.)Providing cost alternative estimates;3.)Attending progress meetings and review document updates;4.) Providing 30%cost estimate for validation of the Design Criteria Consultant estimate; 5.) Negotiation Support of the Design-Build Contract;6.) Providing 100%Design Development estimate and reconciliation with the Construction Manager at Risk(CMR)estimate; 7.) Providing a Guaranteed Maximum Price(GMP)estimate; and 8.) Reconciliation of the GMP estimate with the CMR's GMP estimate and assistance with the final negotiated GMP value. Cost Estimatin. •Constructabilit •Value En•ineerin./Review Agency(Client) City of Miami Beach Agency(Client) Maria Hernandez,305.673.7490 Contact,Phone& mariahernandez a(�miamibeachfl.gov Email Month&Year May 2015—Current Term of Engagement May 21, 2015-October 21,2015; Services Started May 2014—November 2014 May 28,2014—November 28, 2014 and Completed Total Cost/ $394,500/$394,392 Total Cost of N/A—In Progress Fees Paid to Construction Firm Estimated&Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 126 2.1 Qualifications of Proposing Firm Neighborhood No 5 / La tT1' Gorce Right of Way � _ . - _ �, - - g Y �...- Infrastructure Improvement =-y - -- - _ ` - �' City of Miami Beach, FL 4 00,x; Project Complete replacement and upgrades to the potable water distribution and storm water drainage Description systems, replacement of existing asphalt streets and driveways to correct water pending conditions. Also included in the project scope is the addition of ADA ramps at a majority of street intersections, landscaping, new pavement markings,select sidewalk replacements and correction of recorded encroachments onto public areas. Cost Estimating • Assigned Tasks RIB U.S.COST was assigned the tasks and responsibility of 1.) Review and interpretation of the Design & Criteria Package for Design Build services; 2.) Preparation of an independent cost estimate. Responsibilities Agency City of Miami Beach Agency(Client) Maria Hernandez, 305.673.7490 (Client) Contact, Phone& mariahernandez @,,miamibeachfl.gov Email Month&Year July 2012 Term of July 2012 Services Engagement Started and Completed Total Cost/ $34,110 I$34,110 Total Cost of N/A: Provided cost review of Design Fees Paid to Construction Build proposal Firm Estimated&Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 127 2.1 Qualifications of Proposing Firm Miami International Airport Cost Estimating & Scheduling Services Miami, FL pp. „LI . , Project RIB U.S.COST was awarded this contract to provide professional cost estimating and associated Description scheduling and claims consulting services in 2008 for the Capital Improvement Program for the Miami International Airport and the five county owned auxiliary airports. Assigned Tasks RIB U.S.COST's scope of services provided includes: & • Analyzing the factors and activities,which affect the progress and timely completion of construction Responsibilities projects, and preparation of recommendations as a result of such analysis • Analyzing and preparing of cost estimates either for entire construction projects or parts thereof. Said estimates to be prepared, checked and presented by qualified estimators • Recommending text to be included in the Contract Documents relating to schedules, payments and claims • Preparing and presenting reports,diagrams,sketches, illustrations,spreadsheets and similar tasks • Attending meetings between any of the parties related to the construction projects for related services • Preparing and presenting any material as appropriate to claims arising from the design and construction of projects Cost Estimating • Value Engineering/Review Agency Miami-Dade Aviation Department Agency(Client) Enrique Perez,305.869.3659 (Client) Contact, Phone& EPerez@miami-airport.com Email Month&Year December 2008—December 2023 Term of December 2008—Current Services Engagement Started and Completed Total $4,500,0001$4,369,160 Total Cost of $6.4B/N/A—In Progress Cost/Fees Paid Construction to Firm Estimated&Actual Constructability, Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 128 2.1 Qualifications of Proposing Firm Port of Miami, Cruise Terminal D Improvements Miami, FL _ 3 Project The Cruise Terminal D Improvements Projects consist of two Phases: Description Phase I—Cruise Terminal D Interior Upgrades-includes installation of a new modular furniture glass wall system and doors, minor demolition work such as removal of counters, bank of telephones and drywall partitions. In addition slight life safety upgrades. Phase IV—Cruise Terminal D Expansion—includes new doghouse and canopies, Terminal D expansion, renovation of the existing Terminal D, new PBB Door, new East restroom. Assigned Tasks RIB U.S.COST was tasked to provide an Independent Cost Estimate. Responsibilities Cost Estimating • Agency Bermello Ajamil&Partners Agency(Client) Saul Suarez,305.860.3772, (Client) Contact, Phone& ssuarez a(�bermelloajamil.com Email Month&Year September 2011 —November 2011 Term of September 2011 —November 2011 Services Engagement Started and Completed Total $21,840/$27,840 Total Cost of $7.4M I$7.7M Cost/Fees Paid Construction to Firm Estimated&Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page I 29 2.1 Qualifications of Proposing Firm p 9 City of Miami Springs Aquatic Facility Miami Springs, FL ti .,_ Project Design plans include 10-lane 25 meter competitive pool or a 50 meter competitive pool,zero-depth entry Description level pool with a water playground, lazy river, one and three meter diving boards, covered sitting areas, bathhouse,concession are, locker rooms, multipurpose party room,an indoor office area and other additional amenities based on the Doral Aquatic Center Feasibility Analysis. Assigned Tasks RIB U.S.COST provided cost estimating services for the conceptual design plans. Responsibilities Cost Estimating • Agency City of Miami Springs Agency(Client) Mayren Franco, 888.311.3233 (Client) Contact, Phone& mfrancomiamigov.com Email Month &Year March 2014—October 2014 Term of March 2014—October 2014 Services Engagement Started and Completed Total Cost/ $13,320/$5,210 Total Cost of $4,855,736/$4,800,000 Fees Paid to Construction Firm Estimated&Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 130 2.1 Qualifications of Proposing Firm AirportLink Metrorail , Extension, Phase 1, Orange "' A - Line .---�-. -: ,� 4 i �- Miami, FL a _ . _ - ---:"r:40 m.fir—'_ r — -el.iK �- r xi -'4,- *rift ,:- & .,::.: . ' ..,,-, 7" The AirportLink(formerly: Earlington Heights-MIC Connector) is a 2.6-mile elevated extension from Earlington Heights Metrorail station to the Miami Intermodal Center. The station design is an award winning concept,with wide accessible layouts, steel panel canopy on steel structure supported on a concrete superstructure, and state-of-the-art technology.The post- Project tensioned guideway structure is supported over a series of piers, bridging across and along the Description expressway.Three intermediate traction substations are part of the project for systems power distribution. The AirportLink provides a fast, reliable Metrorail connection to MIA for the millions of residents,visitors and employees who travel to and from MIA every year.With this project, Miami-Dade County joins the ranks of major metropolitan areas around the world with rapid transit connections to their airports. RIB U.S.COST provided independent cost estimating for change order plans for the full scope including Assigned Tasks utilities, electrical and communication underground ductbanks, plumbing supply and waste & management. Responsibilities Cost Estimating •Constructability•Value Engineering/Review Agency(Client) Nasir M.Alam, PE,305.669.2700 Agency Pistorino&Alam Consulting nalam(@JDamiami.com Contact, Phone& (Client) Engineers Email Month &Year Services Term of May 2009—April 2012 May 2009—April 2012 Started and Engagement Completed Total Total Cost of Cost/Fees Paid $100,000 I$96,140 Construction $370M/NIA:provided Change Order to Firm Estimated&Actual Management Constructability, Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 131 12 Qualifications of Proposer Team The RIB U.S.COST proposed Project Team consists of consulting professionals with construction and/or estimating experience ranging from 10 to 30+years. Each has experience with the south Florida construction market. Years of To compliment the skill set and abilities that RIB Proposed Personnel Consulting U.S.COST provides,we have added two firms to round Experience out our team. Patrick Pedigo,CEP 15 CES Consultants, Inc, Glenn Wilcox,CEP 29 I.1Ewhich is minority-owned, Fabianne Arias 15 provides professional Russell McElreath,CCP 17 engineering services to Philippe Eustache 15 CONSULTANTS, INC. municipal and private Dave Adler 30 Gill Girard 30+ sector clients.Since the firm's inception,CES personnel Eric Scott 12 have been involved in some of the largest Wade Martin, CVS,CCC, LEED AP 30+ infrastructure improvement projects in Florida.The Scott Fink,GC 23 company's professional staff collectively holds over Leonid Melguizovski 20 100 years of combined experience in the areas of Civil Camilo Motta 14 Engineering,Water&Wastewater Design, Roadway, Jose Caraballo, PE 13 Grading and Drainage Design, Program Management, Jose Compres, PE 16 Construction Management, Project Control,Cost Ranthus Fouch, PE 30+ Ashish Kumar, Ph.D, PE,CCP 26 Control, Estimating,Structural Engineering, Mechanical Jacquelyn Caro, PE,AVP 13 and Electrical Engineering, Construction Engineering, Julian Ortega, PSP,CCP, EVP 18 Inspection Services, Permitting Services,QA/QC, Julio Lostao, PE 21 Primavera (P6)Scheduling and Owner Representation. Our project team is made up of professionals who are In the public arena,the firm provides ongoing ready to serve the City of Miami Beach.Each proposed municipal engineering and construction services for member is local to the Miami area. many communities and agencies including: Miami-Dade County, Miami-Dade County Water&Sewer Department, Miami-Dade County Public Works Department,City of Miramar,City of Homestead,City of Opa- Locka,City of Ft. Lauderdale,South Florida Water Management District, Broward County Housing Authority and City of Jacksonville,among others. CES is a recipient of the Best of Business Award in the Engineering Services category from The Small Business Commerce Association (SBCA).The SBCA Best of Business Award Program recognizes the best small businesses nationwide using client feedback and other research. CES is currently a subconsultant to RIB U.S.COST for the City of Miami Beach Constructability, Cost and Value Engineering Review Services contract held along with the Professional Cost Estimating and Scheduling Services contract held with the Miami-Dade Aviation Department. Our two firms have been successfully pleasing our client since 2008. Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 132 2.2 Qualifications of Proposer Team Program Controls Inc. (PCI) is a Florida Corporation and has been in business since 2012. They area certified DBE and minority small business professional consulting firm offering controls and support services for Program and PROGRAM CONTROLS Inc. Construction Management of large Infrastructure and Capital Improvement undertakings in Aviation, Transportation, Environmental and Commercial fields. PCI is one of the very few successful and experienced firms with complete focus on all controls aspects of large programs; with eleven full time professionals dedicated to all aspects of project controls including scheduling, estimating,cost engineering, information and control systems. Specifically, services range from scheduling and cash flows to controlling baselines and mitigating deviations; estimating and value engineering; constructability; change management and contract administration to claims analysis;cost engineering and financial control to budget compliance;and construction management. Controls Services by Project Solutions Support Services Phase •Initiation& Programing •Program management 'Change Management _ '.,>:,.:-,,..,- •Plannin & Design •Budget Control .tr�� *Claims Analysis E Id `•Implementation &Control 'Cost Engineering 1 ;< 'Contract Administration istration !•Close-Out •Scheduling ,, ; �- :: •Information Systems& "Estimating&Value Engineering l Technology PCI currently provides controls services as part of the Program and Construction Management Team on the $1.6B Consent Decree Program for Miami Dade Water and Sewer Department. Scheduling services includes developing program baseline schedule, update, monitoring, tracking and reporting; develop scheduling procedures, specifications, manuals and guidelines, conduct workshops, review of contractor's schedules, change proposals and claim mitigation. Along with CES, PCI is currently a subconsultant to RIB U.S.COST for the Professional Cost Estimating and Scheduling Services contract held with the Miami-Dade Aviation Department. Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 133 2.2 Qualifications of Proposer Team Organizational Chart of All Personnel Including Support Personnel and Subconsultants and Their Roles Proposed MIAMI BEACH Glenn Wilcox Principal In Charge QA/QC Patrick Pedigo — PROJECT MANAGER 1 I I CONSTRUCTABILITY ESTIMATING SCHEDULING VALUE ENGINEERING Ashish Kumar Fabianne Arias Eric Scott Wade Martin Jose Caraballo Russell McElreath Gill Girard Jacquelyn Caro Jose Compres Philippe Eustache Julian Orgeta Ranthus Fouch Dave Adler Julio Lostao Scott Fink legend Leonid Melguizovski CES Consultants,Inc. Program Controls Inc. Camilo Matta Constructability, Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 134 2.2 Qualifications of Proposer Team Sample Projects of Team's Experience • Duval County Courthouse Jacksonville, Florida I Mid f rum _A. CES worked on the City of Jacksonville Design-Build team to construct the new Duval County Courthouse.The facility replaced the current,50 year-old courthouse on East Bay Street. CES provided Preconstruction,Cost Estimating, and Construction Administration services. The project commenced Winter 2009 and was completed in 2012.Additionally,CES maintained the overall project schedule throughout the life of the design and construction. CES staff provided established quality assurance reviews of the design. During these reviews, our staff included value engineering analysis,and recommended alternate means and Project methods of construction,which reduced schedule time and provided cost savings. During Description construction operations, CES staff provided daily quality control oversight to assure that all aspects of the construction were performed to the satisfaction of the client.Support personnel included project superintendents,inspectors, project engineers, quality control specialists,cost estimators,and administrative support staff. In addition to construction administration, CES assisted in the development of a project- specific safety program in compliance with OSHA requirements and provided cost estimating services for assigned costs and project expenses. CES provided the following services: • Constructability Review • Value Engineering Assigned Tasks • Cost Estimating & • Scheduling Responsibilities • Construction Administration • Administrative Support • On-site inspection Agency(Client) Turner Construction Agency(Client) City of Jacksonville Contact,Phone& Lou Fiore,Sr. Project Manager Email 904.630.7771, Ifiore @tcco.com Month&Year Services Started 2009-2012 Term of Engagement 3 Years and Corn•leted Total Cost/Fees Total Cost of Paid to Firm $3M Construction $350,000,000/$350,000,000 Estimated&Actual Constructability, Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page I 35 2.2 Qualifications of Proposer Team Force Main Improvements Along NW 12th Avenue y s iir City Of North Miami ty The City of North Miami retained CES Consultants, Inc.(CES)to prepare a hydraulic model, and provide design, permitting, and construction services for 10,500 feet of 10/12-inch replacement force main in NW 12th Avenue extending from NW 95th Street to NW 125th Street.The new pipeline will connect to the MDWASD 48-inch force main leading to the North District WWTP. The project,located in Miami-Dade County and within the City, replaces aging asbestos- cement and cast iron force mains with corrosion resistant PVC pipe.Twenty-one private pump station force main connections,and two City pump station connections, require relocation and re-connection to the new force main as well as planning for uninterrupted Project service during construction. Description The design prepared by CES consisted of one force main with capacity to handle the flows from the two existing force mains plus a reserve capacity for future development.The design incorporated plan and profile sheets,soft digs to identify existing utilities with conflicting as- built data,specifications,and permits. During the basis of design,CES performed a complete value engineering analysis,and provided the City staff with multiple design options that applied several varying construction methods and cost saving alternatives. CES worked closely with City staff to provide them with the alternative that best complemented the goals and needs of the City. CES provided the following services: • Hydraulic Modeling Assigned Tasks • Basis of Design Report with Alternatives & • Complete Plan and Profile Design Responsibilities • Value Engineering • Preparation of Specifications • Cost estimating and scheduling Wisler Pierre-Louis, P.E. Agency(Client) Public Works Director Agency(Client) City of North Miami Contact,Phone& Email (305)895-9838 Wpierre-louis @northmiamifl.gov Month&Year Services Started 2014-Ongoing Term of Engagement Ongoing and Com i leted Total Cost/Fees Total Cost of Paid to Firm $200,000 Construction $3M/TBD Estimated&Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 136 2.2 Qualifications of Proposer Team Structural Improvements for the Grit -.�.- Removal and Assessment of other ---- _ 1 _ -� Structures, MDWASD North District Wastewater Treatment Plant, - - - -- Miami Dade County, FL TM The North District Wastewater Treatment Plant(NDWWTP)is one of three regional WWTPs that handle and treat wastewater from Miami-Dade County. It has a dry-weather permitted capacity of 112.5 MGD and an average flow of about 80 MGD. The WWTP employs treatment processes for screening,grit removal (abandoned), primary clarification, high Project Description purity oxygen activated sludge,secondary clarification,disinfection,and effluent disposal by deep injection wells. Grit removal facilities were taken out of service several years ago as a result of poor performance.The WWTP continues to operate without a discrete grit removal process,and presently removes grit in the primary clarifiers with the primary sludge. CES is providing structural Engineer of Record design services to the Prime Consultant for the new grit removal facilities including the roof,stairs,doors,and ventilation system; improvements to related facilities;and assessment of other structural elements that may require upgrades. Assigned Tasks As a key subconsultant and Engineer of Record for the structural design portion of the project,CES provided design in specific discipline areas and technical review services to the Responsibilities Prime consultant team. These services required qualified licensed engineers who had to respond to specific WWTP staff and MDWASD needs,and to design project elements in accordance with Miami-Dade County and FDEP requirements to ensure quality deliverables. To provide consistent and timely services,CES developed an efficient staff scheduling process and project delivery methods which resulted in timely submittal of project designs. Brown and Caldwell Miami-Dade Water and Sewer Agency(Client) Roberto Ortiz Agency(Client) Department Contact,Phone& 305-418-4924 Email rortiz @brwncald.com Month&Year Services Started 2010-2014 Term of Engagement 4 years and Completed Total Cost/Fees Total Cost of Paid to Firm $135,000 Construction $3.2M/$TBD Estimated&Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 137 2.2 Qualifications of Proposer Team North Terminal Development Program, Miami International Airport J` Miami, Florida --es .. ,;...ire,, .,, _ dp Ir ,t i Y _____ . ii , . ----- __, ,.-- 0 , . ,,,, „ , ‘...2,,, ,, _ , ,,..\_ ---------- - . ... ._, ... . The program was to develop the North Terminal at Miami International Airport to provide a Project 50-gates 1.3 mile long terminal with 3.5 million SF of area,an automated baggage handling Description system,a four station APM at the rooftop, regional commuter facility and apron improvements. PCI performed construction management functions, including cost engineering, project and program controls and budget controls, estimating,contract administration,scheduling establishing controls procedures and systems and coordination of program reporting. Responsibility of perform project and construction management functions, managing program controls,contract administration,establishing controls procedures and systems and Assigned Tasks coordination of program reporting. General duties include overall responsibility to maintain & program schedule, budget,cost and changes;track and control baselines,contingency, Responsibilities commitments and trends; participate in stake-holders and executive management meetings; identification of issues affecting program costs and schedules; recommend solutions and corrective actions to the management. Also developed the centralized Management Information System and an effective cost and change control in MS ACCESS and helped implement Sharepoint for project management and reporting functions. Miami Dade Airport Department Agency(Client) Enrique Perez Agency(Client) (MDAD) Contact,Phone& 308.869.3659 Email EPEREZ @miami-airport.com Month&Year Services Started Jan 2006—March 2015 Term of Engagement 9 Years and Com•leted Total Cost/Fees Total Cost of Paid to Firm $3.08M Construction $3.18 Estimated&Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 138 2.2 Qualifications of Proposer Team Consent Decree Program szarsor 4 am am Ash WM= Miami-Dade, Florida .41 _ A a fyy Expansion, renovation and capacity management of the Water & Sewer Department Project Collection, Transmission and Treatment systems to reduce and prevent Sanitary System Description Overflows and excess flows as required by the Consent Decree with the EPA. PCI is performing Cost Engineering, Estimating, Value Engineering, Controls Functions, Scheduling, Budget Management, Responsibility for program schedule, budget, cost and changes; estimating, cost validation and risk management; track and control baselines, contingency, commitments and trends; participate in stake-holders and executive management meetings; identification of issues Assigned Tasks affecting program costs and schedules; recommend solutions and corrective actions to the & management. Perform value analysis and engineering studies in accordance with SAVE Responsibilities international methodology standard on several wastewater treatment plants and collection system projects, conducting kick-off meetings and conducting the VA workshops with all the six phases of information, functional analysis, creative, evaluation, development and presentation. The results of the studies were documented in a report for implementation to the Department. Also, implement the document controls and the Program Management Information System (PMIS). Agency(Client) Manuel E. Moncholi Agency(Client) Miami-Dade Water&Sewer Contact,Phone& 786.552.8352 Department(WASD) Email MEMONC @miamidade.gov Month&Year Services Started Jun 2014—Dec 2029(scheduled) Term of Engagement 15 Years and Com•leted Total Cost/Fees Total Cost of Paid to Firm $1.04M Construction $1.6B Estimated&Actual Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page I 39 2.2 Qualifications of Proposer Team THE RIB U.S.COST TEAM ADVANTAGE • The Right Team-A"who's who"of team firms that includes three of the leading construction cost management firms in South Florida, RIB U.S.COST, CES, and PCI, minority-owned small business concerns). • Commitment and Financial Stability—The RIB U.S.COST Team is comprised of firms that are committed to the successful execution of this contract. That commitment stems from the very top of the respective firms'corporate organizations all the way through to the assigned individuals executing tasks. The RIB U.S.COST Team firms are mature and financially stable with cash flow and balance sheets that ensure continuity of services through the life of the contract. • Responsiveness—The RIB U.S.COST Team offers the depth of resources and proven management systems to respond quickly to the City of Miami Beach's needs. The depth of our cost management team and proven management processes supports rapid response. • QC Focused on QA—Our QC processes were designed with a hands-on understanding of agency expectations and requirements so that QA can be highly efficient. Our QC processes are proven to be effective on as-needed time and material or task order contracts. • Transparency and Comprehensiveness of Work Products—We understand that cost estimating, value engineering and constructability work products can be used for a wide variety of decision making and management purposes. Accordingly,we provide a level of information quality, objectivity, transparency and reproducibility of results in work products that exceed industry standards. • Experience—The RIB U.S.COST Team has held a number of cost estimating and value engineering contracts with government agencies across the country and in South Florida with much of the work involving utility,streets and site improvements projects and programs. The team annually performs estimates that collectively total over$20B. Each assignment provides our client with information from which to make an informed decision with confidence and reliability. Resumes A resume of each individual member follows. Constructability,Cost and Value Engineering Review Services I RFQ No. 2015-160-YG Page 140 2J RIB •U.S.COST Patrick Pedigo, CEP Project Manager Education Aviation Technology,Southeastern Oklahoma State University Construction Management, Dallas County Community College Applicable Certified Estimator Professional,CEP Licenses/ Trained:Success,iTWO 5D BIM Solution,On Screen Take-Off Certifications Experience Patrick Pedigo has 15 years of experience in providing construction cost controls that includes extensive cost estimating and project management work in the Miami area,specifically for Miami-Dade County and also for healthcare related facilities. Patrick is a proved cost control leader and currently handles total management of projects on a daily basis. Patrick's experience includes facilities of all types,convention centers,higher education,new international terminals, roadway improvements and airside improvements.He has acted as an Owner's Rep to provide Program Level and On Call Estimating Services.Since 2004, Patrick has been highly involved with Miami- Dade County through the Aviation department in providing cost estimating, scheduling,claims management and change order management services. Sample,relevant project experience City of Miami Beach Convention Center Renovation,Miami Beach,FL. Patrick provided cost estimates to assist the City in establishing realistic budgets with confidence and to evaluate the cost component from Design Builder proposals. The cost estimate will reduce risk for the City of Miami Beach by providing a budget validation,estimating alternatives and negotiation support. Project Value: $600M. North Terminal Development Program, Miami International Airport, FL. Senior Cost Estimator. Patrick was tasked to assist with developing and implementing an accelerated Review and Approval process for the existing backlog of change orders that had accumulated during the early years of the Miami International Airport, North Terminal Development Program. This effort was highly successful and resulted in Change order processes that would be used for the remaining seven years thereafter. After this initial effort, Patrick assisted the Aviation Department in providing cost estimates and negotiation support for contractor claims. Patrick was also commissioned by the Director of the Aviation Department to develop the North Terminal Development Program Cost Estimates for all remaining North Terminal Work.This massive undertaking resulted in a trusted document that was well received and provided a valuable tool to the Aviation Department, which was used to successfully negotiation the Agreement with the Managing General Contractor for completion of the North Terminal Program. Project Value: 1.15B. Port of Miami Cruise Terminal A&Parking Structure,Miami,FL. Patrick was the Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 141 el RIB Resumes senior cost estimator for the structural components of the Programming effort. Construction of a 125,000 SF cruise terminal building,two elevated parking structures,access roadway, intermodal parking area,surface parking improvements including extension of the existing boulevard,minor demo and site clearing,and pedestrian bridges. Project Value:$70M. Neighborhood No.5/La Gorce Right of Way Infrastructure Improvement,City of Miami Beach,FL. Patrick provided cost estimating services. This project included complete replacement and upgrades to the potable water distribution and storm water drainage systems,replacement of existing asphalt streets and driveways to correct water pending conditions.Also included in the project scope is the addition of ADA ramps at a majority of street intersections, landscaping, new pavement markings,select sidewalk replacements and correction of recorded encroachments onto public areas. Project Value: $±15M City of Miami Springs Aquatic Facility,Miami Springs,FL. Patrick provided cost estimating services for the conceptual design plans. Design plans include 10-lane 25 meter competitive pool or a 50 meter competitive pool,zero-depth entry level pool with a water playground,lazy river,one and three meter diving boards, covered sitting areas, bathhouse,concession are, locker rooms, multipurpose party room,an indoor office area and other additional amenities based on the Dora!Aquatic Center Feasibility Analysis. Project Value:$5.2M. Scott Rakow Youth Center-Ice Rink,City of Miami Beach,FL.Patrick provided architectural detailed cost estimates at 50%,90%and 100%Design Stages. Project Value:$1.2M. Sullivan Park Expansion,City of Deerfield Beach,FL. Patrick provided cost estimating services in support of the rehabilitation,renovation and expansion of the existing Sullivan Park including boat dock and seawall modifications.The redeveloped park will provide an amenity to the Cove Shopping Center and the surrounding community by activating the park with marine facilities like boat slips for transient boats and floating docks for canoes and kayaks,constructing a pedestrian boardwalk along the water's edge that connects to the Cove Shopping Center and creating a more pleasant park space.Cost estimating services were provided at the Programming Phase,Schematic, Design Development,50%CD and 100%CD. Project Value:$4.0M. Truman Waterfront Park,City of Key West,FL. Patrick provided cost estimating services in support of the development of a portion of surplus Navy property known as the Truman Waterfront Upland Parcels,located in Key West,Florida. Features include 23 acres of developed waterfront property for mixed use,retail, parks,and a cruise port. Project Value:$18M. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 142 • J RIB 5 Resumes . Richard "Glenn" Wilcox, CEP Principal in Charge, QA/QC Education BS,Civil Engineering, North Carolina State Applicable Certified Estimator Professional,CEP Licenses/ Trained:Success,iTWO 5D BIM Solution,On Screen Take-Off Certifications Experience Glenn Wilcox has 29 years of experience in cost estimating, project management and project controls. His experience includes positions with contractors, developers and Professional Services Firms. Glenn is responsible for training and managing on-site project resources at Miami International Airport,San Diego International Airport,John F. Kennedy International Airport, Reagan National Airport and Washington Dulles International Airport. He also oversees and provides QA/QC for the ongoing Professional Services provided to Orlando International Airport, Denver International Airport and the Department of Homeland Security on the National Bio and Agro Defense Facility. Sample,relevant project experience City of Miami Beach Convention Center Renovation,Miami Beach,FL.Glenn served as the PIC for this project that included cost estimates to assist the City in establishing realistic budgets with confidence and to evaluate the cost component from Design Builder proposals.The cost estimate will reduce risk for the City of Miami Beach by providing a budget validation,estimating alternatives and negotiation support. Project Value:$600M. North Terminal Development Program, Miami International Airport, FL. PIC. Glenn was tasked to serve as the PIC for developing and implementing an accelerated Review and Approval process for the existing backlog of change orders that had accumulated during the early years of the Miami International Airport, North Terminal Development Program. This effort was highly successful and resulted in Change order processes that would be used for the remaining seven years thereafter. After this initial effort,Glenn assisted the Aviation Department in overseeing cost estimates and negotiation support for contractor claims. Glenn was also commissioned by the Director of the Aviation Department to develop the North Terminal Development Program Cost Estimates for all remaining North Terminal Work. This massive undertaking resulted in a trusted document that was well received and provided a valuable tool to the Aviation Department, which was used to successfully negotiation the Agreement with the Managing General Contractor for completion of the North Terminal Program. Project Value:$1.15B. Port of Miami Cruise Terminal A & Parking Structure, Miami, FL. Glenn was the QA/QC where he managed cost estimates for the Cruise Terminal building(132,000 SF), elevated parking structures (total 3000 spaces), pedestrian bridges, Roadway/ surface parking improvements including extension of the existing Cruise Boulevard. Project Value:$70M. Constructabiiity,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 143 t14 RIB UiS;COST Neighborhood No.5/La Gorce Right of Way Infrastructure Improvement,City of Miami Beach,FL.Glenn served as PIC for cost estimating services. This project included complete replacement and upgrades to the potable water distribution and storm water drainage systems,replacement of existing asphalt streets and driveways to correct water pending conditions.Also included in the project scope is the addition of ADA ramps at a majority of street intersections, landscaping, new pavement markings,select sidewalk replacements and correction of recorded encroachments onto public areas. Project Value: $±15M. City of Miami Springs Aquatic Facility,Miami Springs,FL. Glenn served as QA/QC for cost estimating services for the conceptual design plans. Design plans include 10-lane 25 meter competitive pool or a 50 meter competitive pool,zero- depth entry level pool with a water playground,lazy river,one and three meter diving boards,covered sitting areas,bathhouse,concession are, locker rooms, multipurpose party room,an indoor office area and other additional amenities based on the Doral Aquatic Center Feasibility Analysis. Project Value:$5.2M. Scott Rakow Youth Center-Ice Rink,City of Miami Beach,FL.Glenn served as the PIC for architectural detailed cost estimates at 50%,90%and 100%Design Stages. Project Value:$1.2M. Sullivan Park Expansion,City of Deerfield Beach,FL.Glenn was the QA/QC for cost estimating services in support of the rehabilitation,renovation and expansion of the existing Sullivan Park including boat dock and seawall modifications.The redeveloped park will provide an amenity to the Cove Shopping Center and the surrounding community by activating the park with marine facilities like boat slips for transient boats and floating docks for canoes and kayaks,constructing a pedestrian boardwalk along the water's edge that connects to the Cove Shopping Center and creating a more pleasant park space.Cost estimating services were provided at the Programming Phase,Schematic, Design Development,50%CD and 100%CD. Project Value:$4.0M. Truman Waterfront Park,City of Key West,FL.Glenn serving as QA/QC oversaw cost estimating services in support of the development of a portion of surplus Navy property known as the Truman Waterfront Upland Parcels,located in Key West, Florida. Features include 23 acres of developed waterfront property for mixed use, retail, parks,and a cruise port. Project Value:$18M. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 1 441 tLJ RIB U.S.COST Fabianne Arias Senior Cost Estimator Education BS,Civil Engineering Trained: Success, iTWO 5D BIM Solution,ACCUBID Bid Winner 11, On Screen Take- off,AutoCAD, Microsoft Project OSHA 40 Hours Construction Health and Safety Course Experience Fabianne Arias has 15 years of experience in Construction Cost Consulting all type projects. As a Lead Estimator for RIB U.S.COST, Fabianne is involved during various project stages from conceptual to detailed cost estimates. This includes meeting with owners and clients, presentation of estimates to supporting parties, providing negotiation support, and value engineering support for Port of Miami, Miami International Airport, Fort Lauderdale International Airport, Orlando International Airport, John F. Kennedy International Airport, Greenville-Spartanburg International Airport, and Salt Lake City International Airport. Her experience, knowledge, attention to detail is what makes her the perfect addition to the RIBUSC Team. Currently, Fabianne is the Project Manager for the Professional Estimating and Scheduling Services Contract with Miami-Dade County Aviation Department. In addition to being a Project Manager for this contract, she is the Lead Estimator for the North Terminal Development Program at MIA also. Sample,relevant project experience City of Miami Beach Convention Center Renovation,Miami Beach,FL. Fabianne provided cost estimates to assist the City in establishing realistic budgets with confidence and to evaluate the cost component from Design Builder proposals. Neighborhood No.5/La Gorce Right of Way Infrastructure Improvement,City of Miami Beach,FL.Senior Cost Estimator. Fabianne provided estimates for the complete replacement and upgrades to the potable water distribution and storm water drainage systems,replacement of existing asphalt streets and driveways to correct water pending conditions. Crimson Tower Condominium,Miami,FL.Senior Cost Estimator. Fabianne provided independent cost estimates for the Residential building including three townhomes on the ground floor,80 apartment units of different sizes and shapes from the 8th level to the 15th level and an attached 144 space parking garage located from the 3rd level to 7th level. Building amenities include meeting rooms, cyber café,gym,lobby area,sales office and swimming pool at Level 8. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 145 R I B U.S.COST Russell McElreath, CCP Senior Cost Estimator Education BS,Construction Management Applicable Certified Cost Professional,CCP Licenses/ Trained: MII, PACES,SUCCESS Estimator and Enterprise,iTWO Software Certifications Experience Russell McElreath has 17 years of experience providing construction cost control services. He has been a Certified Cost Professional(CCP)for over four years.Along with overseeing day-to-day activities of the RIB U.S.COST estimating staff,Russell is also an acting Project Manager and a Senior Cost Estimator. Russell has directed and prepared cost estimates for new,existing and specialty type facilities including Capital Development and Improvement programs for aviation and airport facilities, transportation and transit facilities,as well as numerous projects of various sizes and scopes. Sample,relevant project experience City of Miami Beach Convention Center Renovation,Miami Beach,FL.Russell served as the PIC for this project that included cost estimates to assist the City in establishing realistic budgets with confidence and to evaluate the cost component from Design Builder proposals.The cost estimate will reduce risk for the City of Miami Beach by providing a budget validation,estimating alternatives and negotiation support. Project Value:$600M. David W.Dyer Federal Building/Courthouse Feasibility Study,Miami,FL. Includes repair and modernization to courtrooms,offices,judge chambers,and U.S. Marshall's space. Project Value:$49.1M. Rosenstiel School of Marine and Atmospheric Science,Miami,FL. Russell provides cost estimating. This facility is the only subtropical applied and basic marine/atmospheric research institute of its kind in the continental United States. 94,000 SF,three-Level,elevated,hurricane-rated concrete building structure with associated site improvements including 105 surface parking spaces.The project is designed to achieve LEED Silver Certification. Project Value: $40M. Truman Waterfront Park,Key West,FL. Russell provided cost estimating services in support of the development of a portion of surplus Navy property known as the Truman Waterfront Upland Parcels,located in Key West,Florida. Features include 23 acres of developed waterfront property for mixed use,retail,parks, and a cruise port. Constructabiility,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 146 C4 RIB Resumes Philippe Eustache Senior Cost Estimator Education BS, Electrical Engineering Trained:Success, iTWO 5D BIM Solution,ACCUBID Bid Winner 11, On Screen Take- off,AutoCAD, Microsoft Project Applicable Certified Cost Professional,CCP Licenses/ Certifications Experience Phillipe Eustache has 15 years of Project Management and Cost Estimating experience on construction projects including airports,transportation,offices, data centers,schools,government offices and hospitals. He is proficient with cost estimating software and he specializes in providing negotiation support on large projects.Phillipe has provided concept design estimating services for various airport programs/tasks throughout the country. Sample,relevant project experience Miami International Airport,Miami,FL. Philippe provides cost estimating and scheduling services for the CIP. Philippe's responsibilities include independent cost estimating,cost review analysis and negotiation for contractor's bid proposals and change orders proposals. City of Miami Beach Convention Center Renovation,Miami Beach,FL. Philippe assisted the RIB U.S.COST team in providing cost estimates to assist the City in establishing realistic budgets with confidence and to evaluate the cost component from Design Builder proposals. Automated People Mover(APM)System,Miami International Airport,Miami,FL. Philippe provided professional cost estimating and claims consulting services for the Capital Improvement Program for the Miami International Airport and the five county owned auxiliary airports.The APM will link the terminal area at MIA with the facilities at the Miami Intermodal Center(MIC) including the Rental Car Facility and have 1.25 miles of elevated,dual-line guide way with two end stations.This is a DBOM (Design, Build,Operate,and Maintain)contract.This task was performed under USC's Prime contract with MDAD. Project Value:$250M. North Terminal Development Program,Miami International Airport,Miami,FL. Philippe is currently working with the North Terminal Development Team to implement,coordinate and review change orders,cost reports,budget transfers and work in place analysis. This program has a planned area of more that 3.2 million SF of which 1.9 million SF is new construction. Project Value:$1.15B. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 147 I RIBU.S.COST Dave Adler Senior Cost Estimator Education Newark College of Engineering,(NJIT) Four Year Mechanical Engineering Certificate Fairleigh Dickinson University New Jersey Air National Guard,Civil Engineering Section Trained:Success Applicable Certified Cost Professional,CCP Licenses/ Success Estimating System Certifications MS Project;Timberline Experience David Adler has 30 years experience in all facets estimating. He has full responsibility of computer preparation of multi-disciplined capital appropriation cost estimates. He has estimated a combination of new office and laboratory buildings and estimated sales office fit-outs located in all major U.S. cities. He has also contributed to capital planning for numerous offices and headquarters buildings. Additional project experience includes aviation, transportation, chemical plants,pharmaceutical plants, manufacturing facilities among others. Sample,relevant project experience Airportlink, Phase I Orange Line, Miami, FL. Independent Estimate for Change Order Plans. 2.6-mile extension of Metrorail from the existing Earlington Heights Station to the Miami Intermodal Center (MIC). An automated people mover will connect the MIC to the airport. Automated People Mover (APM) System, Miami International Airport. Mechanical cost estimating services for this DBOM (Design, Build, Operate, Maintain) project.$250M. Professional Cost Estimating and Scheduling Services, Miami International Airport. Cost estimating and associated scheduling and claims consulting services for the Capital Improvement Program for MIA and the five county owned auxiliary airports. Hydrant Fueling System, Miami International Airport, FL. Lead estimator for this specialized buried double walled piping system around the expander North Terminal Building being used to supply jet fuel to aircraft, including monitoring systems,fuel cleaning systems,leak detection and pipe flushing procedures. University of Miami, RSMAS Campus Academic Research One Building. Involved in Estimate support for the mechanical systems within the building and the update of the remote refrigeration plant. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 148 JRIB1LSCOST Gill Girard Senior Scheduler Applicable Trained: Primavera's Enterprise (P3e, P3e/c, P5, P6), Project Planner, Expedition; Licenses/ Success;Certificate, Project 2003—Levels 1 and 2; Microsoft Project Certified Certifications Experience Gill Girard has 30+years of experience in Cost Control services specializing in Scheduling. He has been responsible for pre-construction analysis,cost estimates, budgets,schedules and schedule integration for projects up to$2.1B. Projects include heavy construction,highways/roadways,airports,scientific/laboratory research,higher education,soils remediation,electrical and process piping to complex systems delivery. Sample,relevant project experience Reconstruction/Extension of Runway 9R/27L-Fort Lauderdale,FL. Gill performed scheduling and cost services for the ICE based on the Proposed South Runway conceptual plan,concept schedule and supporting analysis report. Research Area Construction Market Conditions:tasked to compile information and evaluate construction cost implications of recent events and market trends such as major weather events,energy costs, resource availability,contractor risk and the South Florida Construction Market. Forensic Scheduling and Claims Analysis Support, Fort Myers Southwest Florida Regional Airport (RSW). Gill served as the Project Manager over seeing forensic scheduling and claim analysis support to their efforts to close eight contracts. The support required both on-site and home office activities. This was a publicly funded project and all records were available to all parties. It was very important that Gill's work results did not inadvertently supply the contractor with information needed to make a claim before the Closeout Team was able to finally negotiate and close the contract. Claims Analyst, Tampa - Hillsborough Expressway, FL. Gill served as the senior scheduler providing an audit review and negotiation support of 6 Owner Controlled Insurance claims. Initial review demonstrated several areas in which charges were in excess of the contract standard. Because of these findings RIB U.S.COST was additionally retained to review all 38 claims valued in excess of $25M as well as providing overcharges and duplications review of the contract Change Order process. Flood Protection Enhancements St. Bernard, Plaquemines & St. Charles Parish Projects, LA. Gill provided MII cost estimating and scheduling, cost and schedule risk analysis of levee work involving some remediation activities. Estimates prepared on 22 Alternatives associated with the 5 Reaches for St. Bernard Parish. Served as a senior scheduler as well as a task team lead for complete Life Cycle (Economic) Analyses for all alternatives. Determined appropriate field overheads relative to civil works and set risk ranges for civil unknowns. Project Value:$2 B. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 149 ,2J RIBU.S.COST Eric Scott • Senior Scheduler Education MS, Building Construction and Integrated Project Management Delivery Systems, Georgia Institute of Technology BA, Business Management&Finance,Georgia Institute of Technology Applicable Trained: Primavera P6, AutoCAD, NavisWorks 4D, Arc View, Arc Explorer Maximo, Revit, Licenses/ MS Project Contract Manager Certifications Level 1A Certified,Erosion and Sedimentation Zero Injury Institute,Zero Institute Leadership Training NCCER—Construction Site Safety Experience Eric Scott has more than 12 years experience in several different aspects of construction management and in a short time,has become highly qualified as a Senior Scheduler dealing with Integrated Project Management Delivery Systems. He has analyzed plans/projects for compliance with federal,state,and local government regulations; reviewed, researched and prepared engineering and construction contracts for conformance with engineering disciplines and coordinated technical intricacies with design plans and public programs. He has also managed multi-disciplined engineering consultants, project management firms,and construction management firms where he was responsible for utility systems and building complexes. He has managed major projects with responsibilities for constructability,financial management and resource management,monitoring performances,quality control,schedule,and environmental compliance. Sample,relevant project experience Project Schedule Consultant,Atlanta GA. Senior Scheduler. Provided scheduling and project control services designed to create a schedule-driven project focus. Eric met with project teams to update the schedule, review project trend, identify problems and issues, plan solutions and establish near term commitments to support the overall project P6 schedule. Lastly, he produced project reports that document the current status,issues,action items, material status and communication of the current work plans National Bio and Agro Defense Facility,US Department of Homeland Security, Manhattan,KS. Eric served as a senior scheduler reviewing the CM's Project Schedule and reviewing the Recovery Schedule. He also participated as an advisor to the government in any schedule related discussions. Sample Scheduling Projects with Heavy MEP. Senior scheduler: • Oasis on the Bay, Miami FL.$30M Condominiums • Sonesta Resorts/Condominium, Miami FL. Renovation • Renaissance Inn, Miami FL. Renovation • Porsche Design Tower, Miami FL.$100M. New,50-Story condominium Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 150 ON RIB Resume Wade Martin, CVS, CCC, RPA, LEED AP Value Engineering/ Value Analysis Team Manager Education BS, Design in Architecture, University of Florida Certified Value Specialist,CVS Certified Cost Professional,CCP United States Green Building Council (USGBC)Certified Leadership in Energy and Environmental Design Accredited Professional, LEED AP Real Property Administrator, RPA Trained: SAVE Certified Workshops, iTWO, Primavera, MS Project, BIM, BLCC, @Risk,Crystal Ball Applicable Certified Cost Professional,CCP Licenses/ Value Management Specialist,VMS Certifications Experience Wade has 30+years of experience providing construction cost,economic analysis, schedule and value management services to private and public sector clients. His work history at RIB U.S.COST includes more than 25 years in the Value Engineering arena serving as Project Manager,Cost and Value Engineering/Value Analysis Team Leader,Quality Control/Quality Assurance(QA/QC)Specialist,Scheduler, and/or Architectural Representative on over 300 value engineering studies. He has also managed, prepared and/or served as QA/QC reviewer on over 5,000 cost estimating tasks,economic and risk analyses,construction market studies and constructability reviews. Wade has served as project manager for course development focusing on the application of LEED sustainable design techniques and has written papers and presentations on the cost of sustainable design. He has developed a risk-based estimating contingency protocol and is guiding his group's efforts in adopting Building Information Modeling data transfer as part of the estimating process. Sample,relevant project experience Value Engineering/Value Analysis&Economic Analysis,Office of Management and Budget,New York,NY. Value Engineering Team Leader. Wade provides ongoing value engineering services(including Economic and Life Cycle Cost Analyses)in support of the Office of Management and Budget, New York, NY. Projects vary in size and scope and include data centers,medical facilities, administrative buildings and educational facilities. IDIQ Contract for Ongoing AE Services,USACE Baltimore District. Value Engineering Team Leader. Wade was part of the A/E team retained by the USACE Baltimore District to provide ongoing multi-discipline AE services including Value Engineering/Review.The IDIQ contract value was$50M for 5 years. Involved was a wide range of project scopes,multiple task orders,classified and unclassified projects. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 51 04 RI B U.S.COST T. Scott. Fink, GC Senior Cost Estimator Education Bachelor of Building Construction, University of Florida,Gainesville, Florida Experience Scott Fink is a Certified General Contractor with over 23 years of experience in construction project management and estimating. His experience includes the Miami Dade Aviation Department, Florida Department of Transportation, Miami- Dade Department of Environmental Resource Management,and the Miami-Dade Fire Rescue. Experience includes cost control,project management,quantity take-offs,estimating,bidding,contracts,shop drawings,property management, and project close-outs Sample,relevant project experience North Terminal Development Program at the Miami International Airport(NTD- MIA). Program Cost Estimator. Prepare Quantity takeoff,estimating, bidding, purchasing,cost control and project management on multiple projects for the Miami International Airport's North Terminal Development Program Management Team. MAC Construction,LLC,Vice President of Construction.Responsible for all estimating, bidding, purchasing,contract writing,shop drawings,jobsite project management,scheduling,cost control, new hires,project closeout and property management. Involved with new project development from land acquisition and zoning, best use process,design professionals selection,environmental process, document development,permitting and building management. Turner Construction Company,Senior Estimator/Lead Estimator. Field operations,estimating and manager of change management on the Miami International Airport North Terminal Development Program,a$1.5B. Morse Diesel International,Inc.,Chief Estimator.Responsibilities include estimating of commercial and multi-family projects from conceptual to hard bid tenders throughout Florida. Stob Brothers Constriction Company,Chief Estimator.Solely responsible for all estimating of commercial and multi-family projects from conceptual to hard bid tenders.Contract forms include Lump Sum,Cost Plus and CM with risk. Negotiated and wrote all subcontracts and purchase orders.Job cost liaison. Maintained sub/supplier and minority database. Project Manager on overflow jobs.Accomplishments:Volume increase from 5 to 20 million annually, implementation of Bidfax subcontractor communications,computerized estimating department. Balfour Beatty,Inc.,Senior Estimator.Estimated commercial and industrial projects from conceptual to hard bid tenders.Projects ranged from$3-100M. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 152 kJ RIBU.S.COST Leonid A. Melguizovski Senior Cost Estimator, Scheduler Education MS,Construction Management, Florida International University BS,Civil Engineering, Florida International University Experience Leonid Melguizovski has over 20 years of experience in project and construction management,project coordination,and contract administration of engineering, aviation infrastructure,environmental,transportation and heavy civil construction projects. These projects have included airports, roadways, railroads, and sanitary sewer facilities. Leonid has also engaged in forensic engineering, construction dispute resolution and management consulting. Sample,relevant project experience Principal Program Controls,Mexico City,Mexico.$15B. Program Control Manager for a team of project planners,cost engineers,risk manager and document controls specialists. Responsible for the development, management and updating of the master schedule for all infrastructure and heavy civil construction projects. Play major role in pre-site and on-site meetings with a range of professionals who work to ensure the project is successful,including quantity surveyors,contract administrators,site foremen and subcontractors. Manage project controls efforts such as planning/scheduling and cost analysis and reporting.Create and manage the production of the Monthly Report,write desktop procedures for the Project Controls Department and responsible for tracking of change orders and potential change orders. Miami International Airport.Program Senior Scheduler for construction of new concourses and infill,aprons and fuel system. Responsible for the preparation of schedules in Primavera(P6),cost and resource load and setup logic. Review and analyze contractor change requests with the associated costs and time extension requests Perform Program Schedule functions such as interacting with Project Managers and Contractors concerning project status,schedule updates,and changes. Maintain and update the Overall Program Schedule and evaluate contractor physical progress. $2.9B. Miami Dade Water&Sewer Department.$250M.Cost Engineer and Scheduler for the Pump Station Improvement Program,of approximately 450 sanitary sewer pumping stations and 50 miles of new Force Mains. Prepared cost estimates for Expenditure Requisition forms to verify design consultant's estimates. Maintain and update cost information database. Prepared Cash Flow Projections,Cost Curve and other cost summary reports. Prepared Cost Modeling. Developed, maintained,and updated cost and change control database. Maintain and update current Master Schedules.Prepared schedule analysis for comparison with target, milestones and deadlines. Constructabiliity,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 153 4RlBuSCCSr Resum Resumes • Camilo Motta Senior Cost Estimator Education BS,Construction Management,Florida International University Experience Camilo Motta has 14 years of experience in the construction management field. He has most recently served as Cost Engineer in the Airport Expansion Program at Fort Lauderdale Airport.Camilo is proficient in Prolog, P3 and AutoCAD. Sample,relevant project experience New South Runway and Terminal 4,Program Management Office,Fort • Lauderdale Airport-Hollywood International.Cost Engineer. Revamp of the Concrete Aprons and Pavement around Concourses D,E and F, Hollywood International Airport.Assistant Project Manager for the Ramp • Renovations.. Road Masterplan Cost Estimate,Town of Davie.:Estimator: • McDonalds Corporation,McCafe Renovations in the States of Georgia, Tennessee and Alabama.Surveyor. • ' Long Term Parking Garage,Palm Beach International Airport.Inspector Construction Specialist,Owner-Representation, Project Scheduling and Cost estimating.Contract Management,Change Orders, RFIs and Payment • Applications Sample,relevant project experience. Chub Cay Club Project,Bahamas: $230M.Camilo was involved with the management of field inspections: He was the Project Engineer responsible for the procurement of MEP equipment,and materials and for writing contracts to suppliers and contractors..He:also managed these contracts and bidding: packages.All RFIs were processed to A/E's under his supervision. - Miami International Airport. $4.9B.Camilo worked with the planning team developing concepts for.the CIP. •' J . Constructabiliity,Cost.and Value Engineering Review Services I RFQ No 2015-160-YG Page 154 JRIB Resumes Jose Caraballo, PE Constructability, Senior Cost Estimator Education BS Environmental Engineering, Louisiana State University, Baton Rouge, LA,2002 Professional Engineer, Florida,New York Experience Jose Caraballo has over 13 years of experience in a variety of civil and environmental engineering project delivery including,approximately 110,000LF of residential water main and 20,000LF of water treatment plant yard piping. Jose was the project manager for a single residential water main design totaling approximately 72,000LF. Sample,relevant project experience Hialeah-Preston GWUDI Upgrades WTP and NW Wellfields, Miami,FL Project Engineer for design over 4 miles of yard piping, including 2,900 LF of 96-inch steel raw water main. He was part of the Quality Assurance Team,and provided input based on County standards,constructability,and value engineering. Additionally, he reviewed the technical specifications,and provided suggestions on alternate means of construction for the underground utility. 72-Inch Raw Water Main BODR,Miami,FL. Project Engineer for the development of a BODR for 8,800 LF of 72-inch steel raw water main. Responsible for utility coordination,and assisting in developing viable alternative routes. Miramar Roadway Infrastructure Project,City of Miramar,FL.Provided services in information gathering and the preliminary design of over 5 miles of water main,5 miles of sewer,5 miles of drainage,and sanitary sewer lift station upgrades. Doral 48-inch Force Main Improvements Miami-Dade County WASD,FL. Project designer for the design of 48-inch diameter DIP pipeline improvements to increase wastewater transmission capacity within the Doral basin of the County's wastewater collection and transmission system.The project,located in NW 54th Street,includes approximately 4,200'of pipe,a micro-tunneling segment under a major highway,is located within a high-density traffic roadway,and intersects numerous utilities.Was directly involved in verifying that the design met the standards and requirements of MDWASD. He also analyzed and provided design solutions for utility conflicts and constructability. NW 12th Avenue Force Main Replacement,City of North Miami,FL.Lead Designer for design, permitting,and construction of 10,500 feet of 12/10-inch replacement force main in NW 12th Avenue extending from NW 95th Street to NW 125th Street.Was involved in the day to day design of the entire project, including design, production,and deliverable preparation. During the design, he reviewed progress and reviewed the overall design for constructability,cost savings,and alternate construction methods. Developed the technical specifications for this project. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 155 JRlB U.S.COST Jose Compres, PE Constructability, Senior Cost Estimator Education MBA, Pontificia, Universidad Catolica Madre y Maestra,Santo Domingo, Dominican Republic,2001 BS,Civil Engineering, Universidad Catolica Madre y Maestra,Santo Domingo, Dominican Republic, 1994 BS,Structural Engineering, Universidad Catolica Madre y Maestra,Santo Domingo, Dominican Republic Experience Jose Compres has 16 years of experience in engineering including project management,structural engineering,cost estimating,constructability reviews, and project construction with demonstrated experience in engineering design, project development,and construction management. He has been involved in all aspects of construction projects from conceptual design to project closeout, and his experience includes performing structural design; reviewing codes and specs compliance; providing threshold inspections for qualifying contractors; working on bid and award phases;monitoring quality of work performed during construction;processing and responding to RFIs and change orders; tracking and monitoring quantities of materials;tracking and maintaining schedules;and coordinating with subcontractors and stakeholders for the construction process. As a PE,he has also worked closely in developing biddable plans for both horizontal and vertical projects. Sample,relevant project experience Miami-Dade County Peak Flow Study,Miami-Dade County WASD. Provided management services in an effort to develop Remedial Action Plans for approximately 350 Pump Stations, plans that were mostly accomplished through computer simulation.The$4M project also included field inspection work for actual working conditions.The information retrieved from the field was critical in developing the Remedial Action Plan and helped to upgrade each individual pump station and make it compliant with the 10 hour NAPOT criteria. The project also included a capital improvement plan,evaluation of the existing wastewater treatment system with respect to current regulations, determination of future regulatory requirements and treatment needs including incorporation of a recently issued Reuse Feasibility Study and compliance with anticipated nutrient removal limits and development of a wastewater treatment and reuse implementation capital improvement plan. Miramar Roadway Infrastructure Project,Capital Improvement Project,Phase III,City of Miramar,FL. Monitored construction activities throughout the southern half of the City on a project consisting of the installation of all water, sewer,and drainage,as well as expansion of a lift station and roadway resurfacing. He also provided design services for 70,000 LF of water mains thru the western portion of the city and cost estimate support services to the city, in addition to construction administration services and bid support. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 156 #24 RIBU.S.COST Ranthus Fouch, PE Constructability, Senior Cost Estimator Education BS Civil Engineering, University of Connecticut Professional Engineer, Florida, Massachusetts, New York Experience Ranthus Fouch has 30+years of experience with responsibilities including design and engineering,constructability reviews and value engineering, planning,construction services, project delivery,and quality assurance. He has worked with clients including Hollywood, Broward County Water and Wastewater Services,Sunrise, Miramar,South Florida Water Management District,West Palm Beach, Palm Beach County Water Utilities Department, North Miami Beach,North Miami, Miami-Dade Water and Sewer Department, Department of the Navy,and the Department of the Army. Ranthus is experienced in a wide-range of water supply distribution and treatment facilities,and wastewater infrastructure,including water distribution and transmission pipelines, pipeline rehabilitation, hydraulic modeling,water and wastewater pumping stations,storage facilities,and wastewater collection and transmission. Sample,relevant project experience 36-inch Transmission Pipe-Phase I WTP Improvement,City of West Palm Beach,FL. Principal Engineer for the design of improvements,cost estimating, and construction services for the Phase I improvements to the 47 MGD Clear Lake WTP for conversion of the plant from high pH softening to enhanced coagulation. Engineering services during construction included design of modifications to 24 to 36-inch piping for water transmission within the WTP. Distribution System Operational Practices Manual Update,Miami-Dade County WASD.Principal Engineer of the development of update to the Water Distribution Division's Operations and Maintenance Manual for Water Distribution System. Water Reuse Pipeline,City of Sunrise,FL.Principal Engineer for the routing analysis,cost estimating, basis of design and hydraulic criteria,final design,and permitting for 4,100 feet of 24-inch Ductile Iron and HDPE piping with 750 feet of directional drilling for the pipeline under a canal. Basis of Design Report—60-inch and 48-inch Pipe for 2A WTP Interim Disinfection Solution,Broward County WWS,FL. Principal Engineer for the conceptual design,constructability analysis,cost estimating,and client coordination of 350 LF of 60-inch,and 450 LF of 48-inch transmission pipe for disinfection infrastructure improvement options for the County's Water Treatment Plant 2A to provide half of the 4-log virus reduction required by the Florida Administrative Code for ground water systems. Design of 9,800 LF of Residential Water Mains,Miami-Dade WASD,FL. Principal Engineer for engineering analysis,design,and construction services. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 57 2J RI B U.S.COST Ashish Kumar, Ph.D., PE, CCP Constructability, Quality Control Education BS,Civil Engineering MS, Building Construction Management Ph.D,Construction Management Trained: Primavera Enterprise System P6, MS Project, iTWO, Proliance, Prolog, Expedition,SUCCESS Estimating System,SharePoint and MS Access Applicable Professional Engineer,Florida#50029 Licenses/ Certified Cost Professional,AACEI#1793 Certifications Advanced Primavera(P6v7)Certification Experience Ashish Kumar has over 26 Y ea r s o f experience in program,ram. P r project a n d construction ion management of engineering, airport infrastructure,environmental,transportation and heavy construction projects. He has represented government agencies and engineering firms on projects ranging from $40M to $3B. He has also directed and supervised project controls teams to successful completion of several programs and has been credited with "best-of-class" controls practices by peer reviews and independent boards. Ashish has a broad range of expertise and strengths in project management, program controls, engineering design and financial management areas including planning and need assessment for programs; engineering analysis, reports and review of design; scheduling, earned value and variance analysis; claims avoidance, evaluation and risk analysis; estimating and value analysis; cost engineering, budgeting, cash flow projections,and change control procedures and systems. Sample,relevant project experience Consent Decree Program Management / Construction Management Team, Miami Dade Water and Sewer Department- MDWASD, Miami, FL. Mr. Kumar is supervising and directing the scheduling, cost engineering, estimating and controls group. Responsibilities include managing all aspects of program controls, establishing program management manual, controls procedures and systems,contract administration and coordination of program reporting. Project Implementation Report for Everglades Restoration Project, South Florida Water Management District (SFWMD) and US Army Corps of Engineers in South Florida, Everglades, Fl. Chief scheduler, responsible of develop and maintain WBS and schedule using P3e, coordinate survey, modeling and design activities for monthly updates and reporting. Identify issues affecting schedule and recommend corrective actions to the design team. Capital Improvement Program,Miami-Dade Water&Sewer Department, Miami,Fl.$1B CIP. Program Controls Manager responsible for management of master schedule,preparation of construction contract documents,performing value analysis,evaluation of design/build bids,proposal evaluation and authorizations,cost engineering,develop change control system. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 158 JRIBU.S.COST Jacquelyn Caro, PE, AVP Value Analysis, Senior Cost Estimator Education BS,Civil Engineering Trained:SharePoint,ACCESS, Microsoft Project Applicable Professional Engineer, Florida#69360 Licenses/ Value Engineer,AVP Certifications Experience Jacquelyn Caro is a civil engineer with over 13 years of experience ranging from project and program controls to engineering services and technical reporting. She has provided services for a variety of state agencies, including: Miami-Dade Aviation Department (MDAD), Miami-Dade Water and Sewer Department (MDWASD), Miami-Dade Department of Environmental Resources (DERM), South Florida Water Management District,and Army Corps of Engineers. Jacquelyn has successfully worked doing cost controls; maintaining contract documents; schedule management; engineering and value engineering design; claims preparation, evaluation and analysis; technical reporting, and stakeholder management. Sample,relevant project experience Consent Decree Program Management / Construction Management Team, Miami Dade Water and Sewer Department, MDWASD, Miami, FL. Jacquelyn is performing value analysis and engineering studies, conducting kick-off meetings and conducting the VA workshops with all the six phases of information, functional analysis,creative,evaluation,development and presentation North Terminal Development Program at the Miami International Airport(NTD- MIA), Miami Dade Aviation Department, Miami, FL. Expansion and renovation of the Miami International Airport(MIA), Concourses A, B, C, D and E into a state of the art 1.3-mile long linear terminal. Jacquie's responsibilities includes: the review and tracking of contractor's cost proposals and submittals; determination of entitlement and evaluation for merit and justification for the change request; analysis of the cost and schedule impacts, including estimating support and direct and indirect costs. Services also include coordination the A/E's on alternatives; evaluation of possible alternatives and life-cycle costing, including recommendations for preferred options based on value analysis. Comprehensive Lateral Investigation Program, Miami Dade Water and Sewer Department - MDWASD, Miami, FL. Prepare recommendations for MDWASD detailing various sewer lateral investigation techniques, rehabilitation technologies, and enforcement/implementation programs for the client to assess and determine if this is a cost effective and efficient solution for reducing additional I/E/I into the sewer system. Jacquie performed an investigation into various technologies available for sewer lateral line, recommendations of rehabilitation technologies available. Constructabiility,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 159 AJRIBU.S.COST Julian G. Ortega, PSP, CPC, EVP, LEED AP Senior Scheduler, Senior Cost Estimator Education BS,Construction Management Master Business Administration Trained:Primavera P6 version 8, MS Project, Expedition, Prolog Applicable Planning&Scheduling Professional, PSP Licenses/ Certified Cost Professional,CCP Certifications Certified Earned Value Professional,EVP U.S.Green Building Council, LEED©AP SAFETY-OSHA 30 Hour Certified Experience Julian Ortega has over 18 years experience in the engineering & construction industry specializing in project controls and project management; including extensive knowledge of CPM scheduling. Some of his specific skills sets includes: overall project planning and scheduling, cost control, contracts management, change management, claims/dispute resolution, design management, project engineering, risk management, document control, construction safety and quality assurance/quality control. He has also been heavily involved with a number of claims analysis,value engineering studies and constructability studies. Sample,relevant project experience Consent Decree Program Management/Construction Management Team,Miami Dade Water and Sewer Department- MDWASD, Miami, FL. Scheduling Manager responsible of overall development baseline schedule, supports the program validation efforts and provides all program schedules reporting information. Also responsible for developing scheduling procedures, specifications, manuals and guidelines; conducting workshops, as well as reviewing of designer and contractors schedules, change proposals and claim mitigation. Julian is assisting WASD in the development of a CIP master schedule for use in planning, cash flow reporting and budgeting of the capital plan. Airport Expansion Program, Fort Lauderdale-Hollywood International Airport, Hollywood, FL. This is a$1.3B program, including$500M of terminal renovations (includes construction of 14 new gates, and associated apron and fuel hydrant systems), as well as an $800M runway expansion project with unique features including a design-build bridge structure spanning existing.Julian acted as Project Manager responsible of developed the Program's Construction Logistics Plan and coordinated overall haul routes, staging areas, emergency processes and construction phasing, developed the overall program phasing and master schedule and the Prolog Contract Management system (processes and reports) and authored numerous construction phase procedures to be utilized program- wide. Responsible to provide constructability reviews during the design process of the various terminal and runway projects. Design, procurement and construction of over thirteen thousand linear feet of new 24"water main and 16" sanitary sewer main piping. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 160 J RIB U.S.COST Julio lostao, PE Senior Cost Estimator, Constructability Education BS,Civil Engineering MS,Construction Management Trained: HCSS—Heavy Bid,Success Estimator,Timberline Estimating, Paydirt, Agtek Earthwork Systems and On-Screen Takeoff, Primavera Suretrak, Primavera P6(basic),Palisade @ Risk Applicable Professional Engineer, Florida#52699 Licenses/ Certifications Experience Julio Lostao is a Professional Engineer with 21 years of experience in Construction Cost Estimating and Cost Management in the U.S. and overseas. Background in geotechnical engineering, field work, inspection and design of large site improvement and deep foundation projects. The engineering experience was followed by working for large civil contractor in hard bid and negotiated work environment in Florida and the Caribbean. Subsequent assignments encompass 10 years of Program Management for International Engineering/Construction firms around the world ranging from multi- billion airport developments, environmental restoration, and infrastructure reconstruction to large site development & infrastructure projects in Latin America, Europe, Iraq,Abu Dhabi and South Korea. For the past 6 years had been heading the estimating department large heavy civil contractor preparing hard bid, P3 and negotiated work in the United States. Most recently,responsible for estimating management of large infrastructure program. Sample,relevant project experience Consent Decree Program Management/Construction Management Team, Miami Dade Water and Sewer Department- MDWASD, Miami, FL.Julio is the Estimating Manager responsible for cost validation of $1.6B Program. Program entails 82 projects ranging from WWTP, Transmission/Collection System and Pump Stations. Julio is performing Life Cycle costing as part of VA studies on several wastewater treatment plants and collection system projects such as 1) Digester Cluster, 2) Headwork's Plants 1 and 2, and 3) Chlorination Facilities at Central District Plant under the Consent Decree Program for Miami Dade Water and Sewer Department. South East operations for Dragados USA a subsidiary of the ACS Group., USA. Chief Estimator responsible for overall estimating and proposal preparation work with annual sales target of$300M in Florida, Kentucky, Georgia, North Carolina and Puerto Rico. PPP, design-build and hard bid proposals of roadways, bridges, utilities, dredging, environmental restoration, dams, water treatment facilities and gas pipelines. Managing a staff of Senior Estimators and Level-1 Engineers in the Miami. Responsible for personal interaction and negotiations with key subcontractors. Project values range from$50M to$700M in construction cost. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 161 2.3 Qualifications of Project Manager Patrick Pedigo,CEP, has over 15 years experience in managing and providing construction cost control services includes extensive cost estimating and project .-- management. Patrick is a proven cost control leader and excels in handling the total management of projects on a daily basis. Patrick's experience includes facilities of all types including k .„., museums, mixed/public use facilities, convention centers, parks and recreation and many more He has acted as an Owner's Rep on some of RIB U.S.COST's largest projects to provide Program Level through Construction cost services and On Call Estimating Services. As a resident of Miami working on projects throughout Miami-Dade county and south Florida, Patrick is familiar with the City of Miami Beach in many aspects including the most recent experience of providing cost management services for the renovation of the Convention Center. He has the ideal mentality and positive attitude combined with high regarded experience and technical abilities that result in an effective approach and outstanding results. Patrick's representative clients include: Miami-Dade County,Aviation Department Port of Miami City of Miami Beach City of Deerfield Beach City of Key West City of Miami Springs Baptist Health Cancer Institute Jackson Memorial Hospital University of Miami The Smithsonian Architect of the Capitol U.S. Department of Homeland Security The Metropolitan Museum of Art, NYC Tampa Hillsborough County Expressway Authority Hospital Corporation of America (Several locations Florida Department of Transportation Fort throughout Florida) Lauderdale-Hollywood International A snapshot of his representative experience. City of Miami Beach Convention Center Renovation,City of Miami Beach, FL. Patrick provides cost management services to assist the City in establishing realistic budgets with confidence and to evaluate the cost component from Design Builder proposals. Neighborhood No.5/La Gorce Right of Way Infrastructure Improvement,City of Miami Beach,FL. Patrick provided cost estimating services. This project included complete replacement and upgrades to the potable water distribution and storm water drainage systems, replacement of existing asphalt streets and driveways to correct water pending conditions.Also included in the project scope is the addition of ADA ramps at a majority of street intersections, landscaping, new pavement markings,select sidewalk replacements and correction of recorded encroachments onto public areas. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 162 2.3 Qualifications of Project Manager Scott Rakow Youth Center-Ice Rink,City of Miami Beach. Patrick provided architectural detailed cost estimates at 50%,90%and 100%Design Stages. North Terminal Development,Miami International Airport. Patrick provided team leadership for this contract providing budget validation for the renovation, expansion and consolidation of Concourses A through D. Included cost estimating,cost impact analysis,claims analysis, maintaining change order logs, change order review and negotiation support and constructability. Port of Miami Cruise Terminal A '= _ . inte &Parking Structure,Miami,FL. • Patrick was the Senior Cost -„c. •: •.r♦ Estimator where he programmed ak. ,a► level cost estimates for the Cruise - Terminal building(132,000 SF), `I' • elevated parking structures (total y 3000 spaces), pedestrian bridges, Roadway/surface parking �' � .. ,. . # - improvements including '- •• fi' • 71. extension of the existing Cruise Boulevard. City of Miami Springs Aquatic L. Facility,Miami Springs,FL. Patrick provided cost estimating services for the conceptual design plans. Design plans include 10-lane 25 meter competitive pool or a 50 meter competitive pool,zero-depth entry level pool with a water playground, lazy river,one and three meter diving boards,covered sitting areas, bathhouse,concession are, locker rooms, multipurpose party room, an indoor office area and other additional amenities based on the Doral Aquatic Center Feasibility Analysis. Sullivan Park Expansion,City of Deerfield Beach,Florida. Patrick provided cost estimating services in support of the rehabilitation, renovation and expansion of the existing Sullivan Park including boat dock and seawall modifications. Truman Waterfront Park,City of Key West, FL. Patrick provided cost estimating services in support of the development of a portion of surplus Navy property known as the Truman Waterfront Upland Parcels, located in Key West, Florida. Features include 23 acres of developed waterfront property for mixed use, retail, parks,and a cruise port. "Patrick was always extremely responsive in his role a Cost Project Manager for the North Terminal Development Program. His contributions and willingness to assist enabled the entire program controls team to perform at a higher leveL" Tina Milian,Director of Program Controls Miami International Airport Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 163 2.4 Financial Capability RIB U.S.COST requested a copy of our current Dun&Bradstreet report be sent to Yusbel Gonzalez on Friday,June 19,2015.The receipt of the request is below. Order Summary Page 1 of 1 Help ( Home dun&bradstreet Dun& Bradstreet Government Solutions Contractor Management Portal sj Step 3 of View Registration Status 1 Find Your Company D&B Supplier Certification Receipt 2 Provide Payment Information Date Time Company D-LJ-N-S Product Cost 3 View Registration Status 06- 15:4242 U S.COST 109267138 Supplier Sub $91.95 19- INCORPORATED Portal Total 2015 Registration Product- Yearly Tax $0.00 Total Cost $91.95 For further information or clanfication Please contact our Customer Resource Group by clicking on the Customer Support link at the bottom of the page. Print Back To progress through the portal.use the Powered b Customer Support Privacy Pones, Help avaiiable navigation buttons Do act (��► use the back or forward buttons on your b-ows>ef window • https://supplierportal.dub.com/webapp/wcs/stores/servlet/SpRegistrationReceiptView?lang... 6/19/2015 Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 164 3.0 Approach&Methodology Management Structure This City of Miami Beach as-needed contract for quality improvement opportunities requires the THE RIB U.S.COST TEAM ADVANTAGE right Project Manager, resource flexibility and Provides the Right Team for responsiveness.These are needed to adequately Transparency and Comprehensiveness of Work accommodate varying types of constructability, Products value engineering and cost estimating capabilities Issue to minimize the impacts of unforeseen conditions Transparent and comprehensive quality control of the projects that are part of the CIP. The RIB enhancement products can be used to improve the U.S.COST Team has the necessary experience to quality of decision-making. effectively implement this initiative. Members of Solution the team have significant experience executing The RIB U.S.COST Team understands that cost cost control tasks on an as-needed basis of similar estimating,VE and Constructability work products can scope and magnitude. be used for a wide variety of decision making and The RIB U.S.COST Team's executive commitment management purposes. Accordingly,we provide a level of information quality,objectivity, transparency and Project Manager are instilled with key and reproducibility of results in work products that responsibilities to ensure responsiveness and exceeds industry standards. Rather than simply maintain effective communication with the City reporting raw data, the RIB U.S.COST Team reports and team members to ensure consistency and meet the diverse needs of the City of Miami Beach. quality of services and deliverables across all task , Team personnel are trained to develop transparent and g orders. comprehensive work products throughout the project lifecycle, including: The RIB U.S.COST Team's management structure ✓ Budget estimates that include detailed narratives to features a responsibility and protocol matrix build confidence in the City's forecast for funding structure as follows: requirements. ✓ Project execution plans that build on our initial ♦ The Principal-in-Charge(PIC), Mr. Glenn construction cost estimate and provide a true Wilcox,Vice President,who will act as The roadmap for the CIPO to meet the City's objectives RIB U.S.COST Team's single point of contact and properly address the resident's needs. for contractual matters and work with the ✓ Detailed project and program level methodologies and checklists to ensure comprehensiveness and City's Contracting Officer to manage the quality of cost estimates, constructability reviews, contract and Task Order(TO) project schedules and risk analysis. establishment.This includes contract maintenance activities such as negotiating the contract rates,signing the contract and any modifications thereto. He will have the full authority from the RIB U.S.COST executive management team to commit staff resources and engage our teaming partners as necessary to provide a optimal response and capability. In addition,Glenn will engage senior members of the RIB U.S.COST Team as necessary to provide the CIPO with Technical Advisory support with special assignment,as-needed. QA/QC support will also be at his disposal from our team members identified on the organization chart. ♦ The Project Manager, Patrick Pedigo,will assist the PIC in establishing the TO work plan and all aspects of the task management roles.They will oversee the Team Members throughout task execution to ensure all requirements are met. This will also include assigning and ensuring the resources,tools and Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 165 3.0 Approach & Methodology support available to the team to successfully complete the task orders;and assisting the monitoring of cost and schedule. ♦ Our Team Members that consist of constructability, cost,schedule, risk and value engineering,and other experts including certified cost engineers and other staff,are highly experienced in completing the scope of work. • Our QA/QC Members are led by PIC and Wade Martin,Vice President,who is highly experienced in protocol for conducting cost estimates, risk analysis and value engineering to ensure quality control requirements are met,guide, and oversee audits and corrective action,and ensure consistency in services and deliverables across all task orders. The RIB U.S.COST Team's management approach Approach to Task Order Management ensures flexibility and responsiveness to the City in implementing this contract. The RIB U.S.COST Team's task order management is based on a culture of customer care and team work.The RIB CIPO Issue Task Order U.S.COST members have successfully RFP managed thousands of quality and cost 4 control projects for government agencies. Further,we know from experience that Receive RFP and PIC Assign to attaining cost management excellence Management Team requires the integration of quality J throughout all related disciplines,with the overall intent of ensuring functionality, Submit Proposal Project Manager -Cost Estimate efficiency and economy in meeting -SOW Understanding customer needs and expectations.Our Identify TO Team / approach to project management with key 4' J— features detailed is as follows: Negotiate PIC and Project Proposal with Manager City ♦ Upon receipt of the task order,the Project Manager will assign it to a management Task Manager. ♦ The Project Manager,with input from City Award Task Order the PIC,will select the appropriate / III task order Team Members from the 4 ., . team organization chart. I ♦ Project Managers will select their Project Manager Submit Project project team based on: Execution Plan • Technical discipline requirements J • Prior experience with project Task Order • Cost-effectiveness(expertise level Task Order Team Execution& commensurate with QA/QC Delivery Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 166 3.0 Approach &Methodology requirements). ♦ The Project Manager or PIC will submit a proposal in the required timeframe and then negotiate with the City. ♦ Upon award,the Project Manager,with support of the management team,will prepare a project execution plan that describes the resources,schedule and procedures to be used to provide the project deliverables to the CIPO within the specified timeframe. ♦ The Project Manager will direct and oversee project execution and will track scope, budget and schedule on at least a weekly basis; any issues identified are addressed proactively to get the project back on track. ♦ The management team will support the Project Manager to execute the project and will be notified immediately if issues arise that cannot be addressed through adjustments made by project staff. Maximizing Use of Budget Corporate Philosophy and Practice RIB U.S.COST was founded on the philosophy of bringing value to the project delivery process. Our unbiased approach serves the primary purpose of maximizing the value of the project budget. When it comes to construction, "the rubber meets the road" and all of the planning and preconstruction activities will ideally set the stage for a successful project completion and subsequent operation of the asset. To this end,our practice focuses on improving quality the front end, bringing the collective experience of our professional team to collaborate with our client in thoroughly conceptualizing the scope to meet projects' requirements and function. This is then overlaid with our experience with practical construction means and methods to identify areas of risks and productivity based estimating methods to accurately prepare a reliable budget estimate. Once the budget baseline has been established,the RIB U.S.COST team continues to maximize value by providing design phase check estimates to manage scope creep and reconcile cost trends;Value Engineering to increase quality and function of the facility or asset during capitalization and life cycle;and Constructability Review services during the design process to clarify what a contractor precisely is expected to build. The benefits our services provide can be measured in terms of Return on Investment(ROI)with you,as the agency owner, keeping 100%of the value in-house versus sharing the artificial savings with contractors. Quality Control Enhancements Assisting the City with its vision to place emphasis at the front-end of the project delivery process is what the RIB U.S.COST mantra is all about. We excel at precisely identifying the project budget requirements (scope/cost/schedule/risks)and providing a detailed basis of project assumptions from which to manage the scope baseline throughout the design and preconstruction process. This section describes our methods and approach with all of the Quality Control Enhancements the City wishes to implement via this contract. Establishing Budgets Perhaps the most valuable step with Budget Control is to establish a reliable estimate from which to make budget decisions.This will ensure that you can effectively forecast the monies required and properly Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 67 3.0 Approach &Methodology prioritize from the cost-benefit perspective in advance of issuing construction bonds or making capital budget commitments. Cost Estimating is a key element for the Capital Improvement Projects Office(CIPO)for budget establishment and control. Reliable budgets and accurate project cost estimates require an experienced estimating team during the planning and design phases to comprehensively assess the intended scope to satisfy final project requirements. The optimal approach to staying within budget and maximizing value begins by first developing a thorough budget estimate that tightly correlates with the scope and schedule from which to exercise program controls.The U.S. Cost Team is the skilled team necessary to develop reliable conceptual and detailed estimates from which to make program budget decisions. RIB U.S.COST TEAM APPROACH TO MAXIMIZING USE OF THE CITY'S BUDGET PRECONSTRUCTION ACTIVITIES CONSTRUCTION ACTIVITIES Budget Validation Design trend control,Value Engineering,Constructability Period Period (Maximize Value and Use of Budget) Change Manag Period MAXIM►ZE[3 USE OF BUDGET TO MEET PROJECT'REQUIREMENTS Contingency Contingency Contingency Contingen Desteis .,10J ;d Design Contingency Maximum=F neJ Design Contingency Cost tine Contingency Conce Estimated Construction Cost at ptua i Scc:e Award tine y,l iP.Earo�ti, ke `a.:.v a Q. Conceptual Design Scope O Conceptual Details Scope Design Details Design Details n DESIGN PRE-DESIGN SCHEMATIC BID DEVELOP- CHANGE ORDERS DESIGN MENT DOCUMENTS PROJECT DELIVERY STEPS Estimating The RIB U.S.COST Team will provide the estimating services necessary to prepare conceptual estimates,estimates at various levels of design completion and construction change estimates.As project designs progress, cost control will be maintained by preparing check estimates as necessary and/or review of the A/E's estimates. The RIB U.S.COST Team is highly experienced with reconciling estimates and practicing cost control measures throughout the pre-construction process. The RIB U.S.COST Team approach allows the City to benchmark its design and construction costs to the best practices among similar underground utility, street and site improvement projects in the Miami-Dade area and regionally across the state.There is tremendous value in having a reliable program estimate from which to plan costs and prevent scope creep that victimizes most capital improvement programs. RIB U.S.COST brings an independent and disciplined approach through the cost estimating function that provides information quickly to the CIPO when scope is added to a project that threatens the project budget. As Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 168 3.0 Approach &Methodology illustrated in the chart,the City can adjust its priorities and make necessary trade-offs to maintain the CIPO's operational goals while staying within budget. As the project evolves, RIB U.S.COST will use several estimating techniques.The benefit is that we will vigilantly strive to maximize use of the City's budget. These techniques include: ❖ Concept Estimates:The RIB U.S.COST Team will work closely with the CIPO in understanding all project requirements from which we can collaborate on to assess stakeholder requirements,scope parameters,schedule and sequence of work, and all potential risk. ❖ Design Estimates:The RIB U.S.COST Team will prepare a comprehensive current working estimate (CWE)at each design phase submittal to effectively reconcile with the A/E's or CM's estimates. The scope will be closely tracked to the budget estimate or prior phase estimates to continuously interject with value engineering, constructability and risk mitigation to maximize the use of the City's budget. The RIB U.S.COST approach to construction cost escalation is to assess and understand the local conditions such as the availability of labor, equipment and material costs from the contractor's perspective. ❖ Market Condition Survey: The intent of this effort is provide the CIPO,specifically in the area of annualized budget request and out-year forecasting, an assessment of the construction market conditions in and around the Miami-Dade metropolitan area. ❖ Change Order Estimating:Our track record for change order management provides the owner a high return on investment(ROI), usually greater than 20:1. RIB U.S.COST will continue to maximize use of the budget during construction by managing potential change orders and avoiding claims to the contract. The RIB U.S.COST Team will implement a proven procedure to verify and/or negotiate on behalf of the City with each change in the scope of services to the contract documents;or when an event causes a cost impact that results in a claim associated with the contract. Value Engineering/Value Analysis Our Value Engineering(V.E.)studies or workshop will focus on the identification and understanding of the required functions of the CEP and in identifying alternative means and methods of providing those required functions. The VE team will identify high cost-to-worth ratios,selecting alternatives that minimize cost while maximizing quality,developing creative ideas,emphasizing life cycle rather than capital costs and understanding the purpose and functions of the facility. Our Value Analysis studies have resulted in ROI of up to 100:1 for our clients. Since 1983, USC has performed more than 1,200 Value Engineering studies and workshops.All studies are facilitated by our in- house Certified Value Specialists(CVS),who are experienced with V.E. studies and specialized sessions such as environmental remediation workshops.Our approach to Value Engineering includes Value Analysis Process Improvement studies,Sustainable Design workshops and Constructability Reviews. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 169 3.0 Approach & Methodology The RIB U.S.COST Team participated in/led Value Engineering sessions that have helped clients avoid millions of dollars in construction costs. $(M) _== 0 10 20 30 40 50 60 70 VE Savings Glendale Water Treatment $18M 1$4.5M ❑Project Cost I Facility DB - West Basin Water 16M $5M Reclamation Facility DB $ n _ Orange County,CA 3.0 Approach& Methodology All assessments will include a session within the workshop which identifies the Risk or Uncertainty factors for both the construction and the resulting facility.While these typically consist of qualitative analyses, if the project budget is known to have a significant degree of uncertainty then a quantitative risk analyses is also performed.The ability to successfully manage risk will be one of the greatest benefits to the City in mitigating potential cost overruns. Project Schedules Complex installation projects require more than a construction schedule if you want on-time completion.The entire project management scheduling process must be included in cost-loaded,critical-path schedules to ensure project performance.We utilize all of the major scheduling application tools which include Primavera® Microsoft Project. The USC Team is skilled in developing project construction schedules that incorporate known information and assumptions regarding project phasing—something not traditionally defined at the preliminary stage.Working with the CIPO the RIB U.S.COST Team will refine durations and logic based on measured quantities and estimated labor. For many years, USC has taken a successful approach to keep complex projects on track for clients throughout the United States.We can assist the CIPO to measure project performance on a timely and regular basis and to take necessary corrective action immediately to keep their project on time and within budget. The USC Team has experienced personnel and approaches which will allow the CIPO to effectively: • plan the project or program from inception to completion ❖ track program progress ❖ measure performance by comparing actual progress vs.planned ❖ maintain focus on the critical drivers of the project ❖ evaluate cost and time saving alternatives ❖ take corrective action to keep the program on time and within budget ❖ prevent costly delay claims. Budget Validation Perhaps the most invaluable step with quality control enhancements for the City is to establish a reliable estimate from which to make budget decisions and subsequently be effectively used to maximize the use of the City's budget. We have made our clients very successful by using the approach below for establishing or validating a project or program budget. 1. Establish or refine the CIPO's program Work Breakdown Structure(WBS) 2. Define the project WBS for each project including a WBS dictionary that correlates to requirements for each project 3. Develop a scope basis document for each project 4. Implement conceptual estimating methods 5. Correlate estimate to a project schedule 6. Prepare a schedule for the CIPO to a reasonable level of detail. For a program budget,assess project inter-relationships Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 171 3.0 Approach &Methodology 7. Assess risk for each project to properly assess contingencies a. Design Contingency—Analyze the scope relative to project requirements to account for design evolution and prepare a gap analysis to then assess allowances within the estimate or include a factor based on the analysis b. Construction Contingency—Assess risk specifically associated to City and neighborhood construction development for each project to identify: • Physical Risks: Project Phasing costs associated with sequencing of project including maintenance of traffic and temporary construction necessary to maintain airport/airline operations; Latent Site Conditions for Subsurface& Physical Conditions are materially different and cause an increase or decrease in the time or the cost of the project; Quantity Variations;Site Access;Weather Conditions;and others • Capability Related Risks: Labor Forces/Market Conditions for Availability of Labor Forces,their level of competence,and experience for the tasks being completed; Availability of certain commodities and raw materials based on demand;and others ❖ Economic Risks: Bonding,Contract termination, Cost Escalation, Economic Disasters, Failure to Pay Insurance Taxes ❖ Time Related Risk:Acceleration, Delays& Disruption,City Operations, Early Use of Facility,Suspension of Work, Untimely Responses, Union Strife • Engineering&Construction Risks:Change Orders, Contractor Furnished Equipment/Materials,Coordination, Defective Contract Documents, Interpretation of Requirements, Means& Methods of Construction,Owner Furnished Equipment/Materials, Permits& Licenses, Productivity,Site Safety/Security,Work Quality c. Indentify all areas of concern that will be part of the risk register 8. Assess all escalation factors for each project and/or commodity and labor resources. 9. Estimate all Soft Cost factors necessary to provide the City with "All-in Cost"for the project, recognizing that these factors may be variable from one project to the next. Such factors will include: ❖Design Fees +Construction Administration by AE •Public Art Work ❖Program Management +Construction Management ❖Testing/Inspection/Survey ❖Closeout/Commissioning •Owner controlled insurance program ❖Permits ❖Present and reconcile with CIPO. ❖Integrate results in project controls baseline. Constructability,Cost and Value Engineering Review Services I RFQ No.2015-160-YG Page 172 3.0 Approach & Methodology Project specific approach the City of Miami Beach First,we start with team members that are local residents of the Miami-Dade County area. The RIB U.S.COST Team appreciates the multi-cultural City of Miami Beach. It is a vibrant city with a growing economy. Because the tourism industry is a major part of the City's economy, maintaining the infrastructure and meeting the needs of local businesses and residents is key to maintaining the vision of its founders. Our professional practice started in the area 29+years ago. The South Florida area is rich in culture that is reflected in the local citizens and the few that have joined the RIB U.S.COST organization to apply our profession to the construction industry here. THE RIB U.S.COST TEAM ADVANTAGE Provides the Right Team for Sharing Knowledge Issue Best practices in project cost control require that practical lessons learned and innovative approaches be 'x shared between government and contractor. This is especially true for cost estimating and budget validation. Solution The RIB U.S.COST Team is organized to facilitate and encourage multi-level interaction both internally and externally. The team has developed a library of tools over the years based on lessons learned and innovative applications of cost control techniques. Our management systems have been designed and tailored to facilitate communication and sharing of these tools with the client and other applicable stakeholders. Examples of our lessons-learned tools include: ✓ Data-driven contingency models and risk factors to fill the gaps in applicable guidance, including tools to predict the impact of various acquisition strategies such as design/build, early contractor involvement and firm fixed price. ✓ Tools to systematically and rigorously account for and incorporate differences in the professional opinions of subject matter experts, historical data and modeling results. ✓ Risk-based methods of incorporating the impacts of management processes into cost estimates, schedules and risk analysis. 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