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Agreement with Thornton Tomasetti, Inc. dOIS'-'02q06g AGREEMENT BETWEEN CITY OF MIAMI BEACH AND THORNTON TOMASETTI, INC. FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-346-YG DISCIPLINE: STRUCTURAL ENGINEERING RESOLUTION NO. 201 5-29068 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 19 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 24 ARTICLE 14. LIMITATION OF LIABILITY 25 ARTICLE 15. NOTICE 25 ARTICLE 16. MISCELLANEOUS PROVISIONS 26 2 [ AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THORNTON TOMASETTI, INC. FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" This Agreement made and entered into this 12 day of February , 2016, (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 THORNTON TOMASETTI, INC., a NEW YORK corporation having its principal office at 101 NE Third Avenue, Suite 1170, Ft Lauderdale, FL 33301 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, on September 17, 2014, the Mayor and City Commission approved the issuance of Request for Qualifications No. 2014-346-YG for Professional Architectural 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 July 8, 2015, the City Commission approved Resolution No. 2015- 29068, respectively, authorizing the City to enter into negotiations with THORNTON TOMASETTI, INC. 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 design 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 design professional has been engaged by City and who will perform (or cause to be performed through Subconsultants acceptable to the City) all architectural, design and engineering services required under this Agreement and/or Consultant Service Order and will serve as the "architect of record" and/or "engineer of record" for the Project. 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 architectural, design, engineering 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 design professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations.with jurisdiction governing the professional practice area for which the Subconsultant has been engaged by Consultant to perform professional design services in connection with.the Project. The Subconsultants in Schedule "C", attached hereto, are hereby approved by the City Manager for the Project. CONSULTANT SERVICE ORDER: Consultant Service Order shall mean the work order issued by the City to Consultant (in substantial form as in Schedule A attached hereto), that specifically describes and delineates the particular Services (Basic Services and/or Additional Services) which will be required of Consultant for the Project that is the subject of such Consultant Service Order, and which may include studies or study activity, and/or professional services as defined in Section 287.055 of the Florida Statutes. CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates. Contract Amendments shall be approved by the City Commission if they exceed fifty thousand dollars ($50,000.00). Even for Contract Amendments of fifty thousand dollars ($50,000.00) or less (or other such threshold contract amount as may be specified by the City of Miami Beach Procurement Ordinance), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, Consultant Service Orders and written amendments issued thereto), and all Design Documents and Construction Documents. The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, Design Criteria Package (if any), the Contract for Construction, surety payment. and performance bonds, Conditions of the Contract for Construction (General, Supplementary, and other Conditions), Divisions 0-17 specifications, an approved Change Order(s), approved Construction Change 6 Directive(s), and/or approved written order(s) for a minor change in the Work. CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding agreement between City and Contractor for performance of the Work covered in the Contract Documents, including, without limitation, a general contractor, construction manager, design- builder or any other duly licensed construction contractor selected pursuant to any other procurement methodology available under Florida law. CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. DESIGN CRITERIA PACKAGE or DCP: "Design Criteria Package" means concise, performance-oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing sufficient information to permit design-build firms to prepare a bid or a response to a City request for proposal, or to permit the City to enter into a negotiated design- build contract. The Design Criteria Package must specify performance-based criteria for the design-build Project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. DESIGN DOCUMENTS: "Design Documents" means all plans, drawings specifications, schematics and all other documents which set forth in full the design of the Project and fix and describe in detail the size, configuration and character of the Project concerning all items of the Project necessary for the final preparation of the 100% completed, permitted Construction Documents in accordance with the requirements of the Contract Documents including, without limitation, all architectural and engineering elements as may be appropriate. Design Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Design Documents to the City and (b) they have been reviewed and approved by the City and agencies having jurisdiction in accordance with the procedures as provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant's obligations to ensure the Design Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as a hurricane, tornado, flood, loss caused by fire and other similar unavoidable casualties; or other causes beyond the City's or Consultant's control that are not due to any act, omission or negligence of either City or Consultant and, which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights.and obligations of City or Consultant under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of Subconsultants, the Contractor and its sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a Force Majeure, the Consultant shall request a time extension from the Project Administrator within five 7 • (5) business days of. said Force Majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless Additional Services are required and approved pursuant to Article 5 hereof. PROJECT: The "Project" shall mean that certain City capital project described in the Consultant Service Order. Project Cost: The "Project Cost", shall mean the estimated_total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of work. Project Scope: The "Project Scope" shall mean the description of the Project, as described in the Consultant Service Order. PROJECT ADMINISTRATOR: The "Project Administrator" shall mean the individual designated by the City Manager who shall be the City's authorized representative to issue directives and notices on behalf of the City with respect to all matters concerning the Services of this Agreement. (exclusive of those authorizations reserved to the City Manager or City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project). PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the RFQ, together with all amendments or addenda thereto (if any), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. Consultant's proposal in response to the RFQ is included for reference purposes only and shall not be incorporated as part of this Agreement, except with respect to Consultant's representations regarding the • qualifications and experience of Consultant and its key personnel, its commitment to provide the key personnel listed therein, and its capability to perform and deliver the Services in accordance with this Agreement and consistent with the all representations made therein. SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A— Consultant Service Order Schedule B—Consultant Compensation and Hourly Billing Rate Schedule. Schedule C—Approved Subconsultants. SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant, financing, permitting fees and other similar costs, as determined by the City, that are not considered as direct costs for the construction of the Project. 8 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean the detailed estimate prepared by Consultant in Construction Standard Index (CSI) format or other format approved by the Project Administrator, which includes the Consultant's estimated total construction cost to the City of the Work for the Project (as established in the Contract Documents, as they may be amended from time to time). The Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element of the Project and include a breakdown of the fees, general conditions and construction contingency for the Project. Costs shall be adjusted to the projected bid date to take into account anticipated price escalation. WORK: "Work" shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary or appropriate for the total construction, installation, and functioning of the Project, together with all additional, collateral and incidental items, and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project, specifically described in the Consultant Service Order. 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 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 the City that it is responsible for the technical accuracy of the Services (including, without limitation, the Design Documents contemplated in Schedule "A" hereto). Consultant further warrants and represents that the approved and permitted Construction Documents shall constitute a representation by Consultant to City that the Project, if constructed as required by the Contract Documents, will be fully functional, suitable and sufficient for its intended purposes. 2.5 The Consultant's Basic Services may consist of various tasks, including planning, design, bidding/award, preparation of a DCP,. studies, construction administration, and Additional Services (as may be approved), all as further described in the Consultant Service Order; and shall also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the Contract for Construction. 9 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 design 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 t h e Consultant (o r any Subconsultant) of its obligations s and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or to comply with the terms and conditions of the Agreement or by the Consultant's misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the City and Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall be in effect for three (3) years ("Initial Term"), plus two (2), one (1) year renewal options, to be exercised at the sole discretion of the City Manager (Initial Term and any renewals shall be collectively referred to as the "Term"). Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order, including the time for completion of the work and/or services for such Project (as set forth in the particular Consultant Service Order). 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 Recognizing that the construction. of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Administrator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. 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. 10 • 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 (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, n p ( ) 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 11 • 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). 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 12 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 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 13 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 Subconsultant's work. The Consultant shall, upon the request of the City, submit to the City such documentation and information as the City reasonably requests to evidence the creation, standing, ownership and professional licensure of the Consultant (and Subconsultants), including organizational documents, operating agreements and professional licensure documentation, and copies of the 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 q Y PP Y Y Y Consultant to City the responsibility for the quality and acceptability of the services performed by the Subconsultant. Payment of Subconsultants shall be the sole responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Services. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Administrator, who shall be the City's authorized representative to act on City's behalf with respect to the City's responsibilities or matters requiring City's approval under the Contract Documents. The Project Administrator shall be authorized (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 14 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). 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 15 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 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. 16 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 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 • 17 resulting, responsive and responsible bids within ten percent (10%) of the Consultant's final updated Statement of Probable Cost. 4.5. The Construction Cost Budget shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such Construction Cost Budget is exceeded, the City Commission may, at its sole and absolute discretion, terminate this Agreement (and the remaining Services)without any further liability to the City. 4.6. The City Commission may, at its sole and absolute discretion, and without relieving Consultant of its obligations under this Agreement to design the Project to the Construction Cost Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many deductive alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Administrator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; a lump sum to be negotiated at the time of the request for additional services or an hourly fee (in accordance with the rates in Schedule "B" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time 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 18 • involving new program elements, when such revisions are inconsistent with written approvals or instructions previously given by City and/or are due to causes beyond the control of Consultant. 5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or subpoena to appear and give testimony, preparing to serve or serving as an expert witness in connection with any state or federal court action to which the Consultant is not a party in its own name, that is not instituted by the Consultant or in which the performance of the Consultant is not in issue. 5.2.5 Procurement: Assistance in connection with bid protests, re-bidding, or re- negotiating contracts (except for Contract Document revisions and re-bidding services required under Section 4.4 hereof, which shall be provided at no additional cost to City). 5.2.6. Models: Preparing professional perspectives, models or renderings in addition to those provided for in this Agreement except insofar as these are otherwise useful or necessary to the Consultant in the provision of Basic Services. 5.2.7. Threshold Inspection/Material Testing and Inspection: Providing threshold inspection services and material testing/special inspection services, provided that Consultant, as part of the Basic Services, shall report on the progress the Work, - including any defects and deficiencies that may be observed in the Work. 5.2.8 Pre-Design Surveys & Testing: Environmental investigations and site evaluations, provided, however, that surveys of the existing structure required to complete as-built documentation are not additional services. 5.2.9 Geotechnical engineering. Providing geotechnical engineering services or site surveys. 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). 19 ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" or"Not to Exceed" fee for provision of the Services, or portions thereof, as may be set forth and described in the Consultant Service Order issued for a particular Project, shall be negotiated between the City and Consultant, and shall be set forth in the Consultant Service Order. 7.2 Payments for Services shall be made within'forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Administrator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project and the total estimated fee to completion. 7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule "B," attached hereto. Any request for payment of Additional Services shall be included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-contracted or not). 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the "Not to Exceed" Reimbursable allowance amount in the Consultant Service Order hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: The initial hourly rates shall remain constant for the Initial Term of the agreement. Ninety (90) days prior to expiration of the Initial Term, the City may consider an 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 20 Reimbursable Expenses (by category). ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its Subconsultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in its native electronic form, paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become • the property of the City. Consultant shall deliver all such documents to the Project Administrator in their native electronic form, as required in the Consultant Service Order within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions 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. 21 • 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 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 22 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 of all required insurance coverage has been furnished to the Project Administrator: (a) Workers' Compensation and Employer's Liability per the Statutory limits of the State of Florida. (b) Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. (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. 1'1.2 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. 23 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). 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. 24 • 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: 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: THORNTON TOMASETTI, INC. 101 NE Third Avenue, Suite 1170 Fort Lauderdale, FL 33301 Attn: Matthew James Olender, P.E., Vice President Tel: (954) 903-9300 Fax: (971) 661-7800 Email: MOlender @ThorntonTomasetti.com All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. 25 ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or 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 26 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. 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. 27 • 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 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 b °T'it respective witnesses and City Clerk on the day and year first hereinabove written. Attest /1.---- /1 \,... ,; �\\,,OF MIAMI B''A gip• . Ar . CITY CLERK ., MAYO' , I��COP ORA Attest THORN,iO1i TOMA ETTI, INC.: ,S\//4 Signature/Secretary r S"gnatu ref;resident A4 14.4 r Print Name APPROVED AS TO Print Name :3 FORM&LANGUAGE &FOR EXECUTION 28 a\OLOrC--, .• City Attorney R_O Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 4TH day of February 2016, by Matthew Olender, Vice President of Thornton Tomasetti, Inc. acknowledging on behalf of the corpo G.i•, . - -- — // Af Matthew a lens er 15 perso ally known to me.111° iff / 91111---116-14- ___ - _' ,o JACQUELINE LOPEZ DEL CASTILLO P /_...�� .._ /� , Notary Public-State of Florida Si g/tur: of Notary Pu%1' _ g y j, � : • ,if. + Commission*FF 906306 =„t�o��0�a;••' My Comm.Expires Sep 21.2019 Jacqueline Lopez del Castillo • '�"#��f"'% Bonded through National Notary Assn. Print, Type/Stamp Name of Notary SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THORNTON TOMASETTI, INC. CONSULTANT SERVICE ORDER Service Order No. for Consulting Services. TO: THORNTON TOMASETTI, INC. 101 NE Third Avenue Suite 1170 Fort Lauderdale, FL. 33301 PROJECT NAME: Project Name DATE: Pursuant to the agreement between the City of Miami Beach and Consultant for PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED" BASIS (RFQ 2014-146-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 29 SCHEDULE B CONSULTANT COMPENSATION Schedule of Payments Planning Services * $XXXXXXXX Design Services* $XXXXXXXX Bidding and Award Services $XXXXXXXX Construction Administration ** $XXXXXXXX Reimbursable Allowance*** $XXXXXXXX Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. Note**: Construction Administration will be paid on a monthly basis upon commencement of construction. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval, and what shall be at the City's sole discretion, the Consultant agrees to extend said services for$XXXXXX, per month, for the duration required to complete the Project. Note***: The Reimbursable Allowance belongs to the City and must be approved in writing, in advance, by the Project Administrator. Unused portions will not be paid to the Consultant. 30 HOURLY BILLING RATE SCHEDULE Project Principal $172.50 Project Engineer(Coastal or $116.15 Other) Project Manager $138.00 Sr. Field Services Professional $116.15 Senior Civil Engineer $138.00 Field Services Professional $ 80.50 Civil Engineer $116.15 Threshold Inspector $138.00 Senior Electrical Engineer $138.00 Structural Special Inspector $109.25 Electrical Engineer $116.15 Technical Editor $ 74.75 Senior Mechanical Engineer $138.00 Senior GIS Specialist $116.15 Mechanical Engineer $116.15 GIS Specialist $ 86.25 Senior Structural Engineer $138.00 Staff Engineer/Geologist/Scientist $ 94.30 Structural Engineer $116.15 Landscape Designer $ 95.45 Senior Environmental Engineer $138.00 Planner $116.15 Environmental Engineer $116.15 Project Principal ( Structural Engineer) $172.50 Environmental Technician . $ 74.75 Project Manager(Structural Engineer) $138.00 Environmental Specialist $ 63.25 CAD Technician (Structural) $ 63.25 Environmental Permit Specialist $ 63.25 Traffic Engineers $116.15 Project Scientist $120.75 Cost Estimator • $ 74.75 Senior Surveyor $138.00 Specifications Writer $ 63.25 Surveyor $116.15 Construction Administrator/Manager $ 94.30 Surveyor Support Staff $ 69.00 Senior Project Manager $138.00 Senior Architect $138.00 MEP Project Engineer $138.00 Architect $116.15 Horticultural/maintenance Consultant $ 86.25 Senior Designer $138.00 Irrigation Engineer $ 94.30 Designer $ 95.45 _ Job Captain $ 92.00 Senior Urban Planner $138.00. Interior Designer $ 95.45 Senior CAD Technician $ 69.00 Principal/Director of Design $138.00 CAD Technician $ 63.25 Senior Landscape Architect $138.00 Landscape Architect $116.15 Clerical $ 40.25 Administrative Assistant $ 40.25 Survey Crew Party of2 $140.68 Survey Crew Party of 2 w/GPS $168.51 Survey Crew Party of 3 $170.44 Survey Crew Party of 3w/GPS $197.01 Survey Crew Party of 4 $211.31 Survey Crew Party of 4 w/GPS $250.13 . Sr. Inspector(CEI) $103.50 Inspector(CEI, Field or $ 94.88 Construction) 31 SCHEDULE C APPROVED SUBCONSULTANTS SUBCONSULTANT: • No preapproved sub-consultants submitted with proposal 32 ATTACHMENT A RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM 33 RESOLUTION NO. 2015-29068 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 PROPOSALS PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2014-346-YG, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN AS-NEEDED-BASIS, FOR THE DISCIPLINES OF PLANNING AND URBAN DESIGN ARCHITECTURE, ENVIRONMENTAL ENGINEERING, INTERIOR DESIGN AND SPACE PLANNING ARCHITECTURE, AND STRUCTURAL ENGINEERING; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KEITH AND SCHNARS, P.A., AECOM TECHNICAL SERVICES, INC., - ZYSCOVICH, INC., AND THE CORRADINO GROUP, INC., FOR THE DISCIPLINE OF PLANNING AND URBAN DESIGN ARCHITECTURE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KEITH AND SCHNARS, P.A., URS CORPORATION, E-SCIENCES, INC., CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC., AND KIMLEY-HORN AND ASSOCIATES, INC., FOR THE DISCIPLINE OF ENVIRONMENTAL ENGINEERING; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH EDWARD LEWIS ARCHITECTS, INC., FOR THE DISCIPLINE OF INTERIOR DESIGN AND SPACE PLANNING ARCHITECTURE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH DOUGLAS WOOD ASSOCIATES, INC., STANLEY CONSULTANTS, INC., THORNTON TOMASETTI, INC., BRINDLEY PIETERS & ASSOCIATES, INC., AND BCC ENGINEERING, FOR THE DISCIPLINE OF STRUCTURAL ENGINEERING; FURTHER, 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 IN ORDER OF RANK IN EACH CATEGORY; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Qualifications No. 2014-346-YG (the RFQ) was issued on September 18, 2014, with an opening date of December 2, 2014; and WHEREAS, a voluntary pre-proposal meeting was held on October 1, 2014 and on October 13, 2014; and WHEREAS, the City received proposals from a total of fifty-one (51)firms; and WHEREAS, because of the magnitude of the scope of the RFQ, including all the service categories requested, the Administration will evaluate and make recommendations for award by category group; and WHEREAS, on June 10, 2015, via Resolution 2015-29041, the Mayor and City Commission accepted the City Manager's recommendation pertaining to the ranking of proposals for the following disciplines/groups: Group 1 - Landscape Architecture; Group 2 - General Architecture, Town Planning Architecture and Historical Preservation Architecture; 1 Group 3 - Civil Engineering and Land Surveying; and Group 4: Mechanical, Electrical, and Plumbing Engineering; and WHEREAS, this resolution only addresses an award recommendation for the following remaining disciplines/groups: Group 1 - Planning and Urban Design Architecture and Environmental Engineering; Group 2: Interior Design and Space Planning Architecture; and Group 4: Structural Engineering; and WHEREAS, on February 5, 2015, the City Manager via Letter to Commission (LTC) No. 054-2015, appointed an Evaluation Committee (the "Committee"), which included evaluation committee members for each category group; and WHEREAS, the Evaluation Committee (the "Committee") for Groups 1, 2, and 4 consisted of the following individuals: GROUP 1 —PLANNING AND URBAN DESIGN ARCHITECTURE, AND ENVIRONMENTAL ENGINEERING • Margarita Wells, Environment and Sustainability Specialist, Building Department, City of Miami Beach • Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach • Humberto Cabanas, Division Director, CIP, City of Miami Beach; and GROUP 2—INTERIOR DESIGN/SPACE PLANNING ARCHITECTURE • Deborah Tackett, Preservation and Design Manager, Planning Department, City of Miami Beach • Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach • Valeria Mejia, ADA Coordinator, Property Management, City of Miami Beach; and GROUP 4—STRUCTURAL ENGINEERING • Sabrina Baglieri, Sr. Capital Projects Coordinator, CIP, City of Miami Beach • Oniel Toledo, Construction Manager, Public Works, City of Miami Beach • Jose Perez, Capital Projects.Coordinator, CIP, City of Miami Beach WHEREAS, the Committees convened to consider the proposals, as follows: the Committee for Group 1 convened on February 26, 2015; the Committee for Group 2 convened on March 19, 2015; and the Committee for Group 4 convened on April 8, 2015; and WHEREAS, the Committees were provided an overview of the project; information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information on the scope of services, references, and a copy of each proposal; and WHEREAS, the Committees were instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the Committee's ranking for the discipline of Group 1 - Planning and Urban Design Architecture was as follows: Keith and Schnars, P.A., top ranked; AECOM Technical Services, Inc., second highest ranked; Bermello, Ajamil & Partners, Inc., third highest ranked, Zyscovich, Inc., fourth highest ranked; The Corradino Group, Inc., fifth highest ranked; and WHEREAS, the Committee's ranking for the discipline of Group 1- Environmental Engineering was as follows: Keith and Schnars, P.A., top ranked; URS Corporation, second highest ranked; E-Sciences, Inc., third highest ranked, CB&I Environmental & Infrastructure, Inc., fourth highest ranked; Kimley-Horn and Associates, Inc., fifth highest ranked; GFA International, Inc., and Stantec Consulting Services, Inc., are tied as the sixth highest ranked; Cummins Cederberg, Inc., eighth highest ranked, and WHEREAS, the Committee's ranking for the discipline of Group 2 - Interior Design and Space Planning Architecture was as follows: Bermello, Ajamil & Partners, Inc., top ranked; Edward Lewis Architects, Inc., second highest ranked; and WHEREAS, the Committee's ranking for the discipline of Group 4 - Structural Engineering was as follows: Douglas Wood Associates, Inc., top ranked; Stanley Consultants, Inc., second highest ranked; Thornton Tomasetti, Inc., third highest ranked; Brindley Pieters & Associates, Inc., fourth highest ranked; BCC Engineering, Inc., fifth highest ranked; CES Consultants, Inc., sixth highest ranked, and HAKS Engineers Architects and Land Surveyors, P.C., as the seventh highest ranked; and WHEREAS, the City Manager has considered the proposals received, the results of the evaluation committee process and Section 2-369 of the City Code, which states that in the • award of contracts the following, shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract; and WHEREAS, after careful review of the above, the City Manager recommends that the Administration be authorized to enter into negotiations as follows: Keith and Schnars, P.A., AECOM Technical Services, Inc., Zyscovich, Inc., and The Corradino Group, Inc., for the discipline of Planning and Urban Design Architecture. The City Manager does not recommend an award to Bermello, Ajamil & Partners in this group because of pending litigation with the City. Keith and Schnars, P.A., URS Corporation, E-Sciences, Inc., CB&I Environmental & Infrastructure, Inc., and Kimley-Horn and Associates, Inc., for the discipline of Environmental Engineering. Edward Lewis Architects, Inc., for the discipline of Interior Design and Space Planning Architecture. The City Manager does not recommend an award to Bermello, Ajamil & Partners in this group because of pending litigation with the City. Douglas Wood Associates, Inc., Stanley Consultants, Inc., Thornton Tomasetti, Inc., Brindley Pieters & Associates, Inc., and BCC Engineering, Inc., for the discipline of Structural Engineering. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request For Qualifications (RFQ) No. 2014-346-YG, for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis, for the disciplines of Planning and Urban Design Architecture, Environmental Engineering, Interior Design and Space Planning Architecture, and Structural Engineering; authorizing the Administration to enter into negotiations with Keith and Schnars, P.A., AECOM Technical Services, Inc., Zyscovich, Inc., and The Corradino Group, Inc., for the discipline of Planning and Urban Design Architecture; authorizing the Administration to enter into negotiations with Keith and Schnars, P.A., URS Corporation, E-Sciences, Inc., CB&I Environmental & Infrastructure, Inc., and Kimley-Horn and Associates, Inc., for the discipline of Environmental Engineering; authorizing the Administration to enter into negotiations with Edward Lewis Architects, Inc., for the discipline of Interior Design and Space Planning Architecture; authorizing the Administration to enter into negotiations with Douglas Wood Associates, Inc., Stanley Consultants, Inc., Thornton Tomasetti, Inc., Brindley Pieters & Associates, Inc., and BCC Engineering, for the discipline of Structural Engineering; further, 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 in order of rank in each category; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this I day of ,_4 2015. ATTEST: • At/ ,,Imum141 z R-fael . Granado Cit I B�h'�+;.ilip r =yin. e%►!'a .6 yr • WGENDA120151July1PR000RE 014'. l A .-•. = siinanp T: itectural and Engineering Services-Reso(Plan,Urban Design,Env Eng,Int Design,Structural Eng).do INCORP ORATED �•• ( I . APPROVED AS TO FORM&LANGUAGE • &FOR EXECUTION caoktavi( 11(1_5 City Attorney Date ..I COMMISSION ITEM 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 PROPOSALS PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2014-346-YG, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN AS-NEEDED-BASIS, FOR THE DISCIPLINES OF PLANNING AND URBAN DESIGN ARCHITECTURE, ENVIRONMENTAL ENGINEERING, INTERIOR DESIGN AND SPACE PLANNING ARCHITECTURE, AND STRUCTURAL ENGINEERING. Key Intended Outcome Supported: Streamline The Delivery Of Services Through All Departments Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summary/Recommendation: The Administration issued RFQ 2014-346-YG to seek the proposals from consultants to provide Architectural and Engineering Services in Specialized Categories On An As-Needed-Basis, for projects in which construction costs do not exceed $2 Million or for study activities for which the fee does not exceed $200,000. The RFQ was approved for issuance by the City Commission on September 17, 2014. The RFQ was released on September 18, 2014. A pre-proposal conference to provide information to the proposers submitting a response was held on October 1, 2014. An additional pre-proposal conference was also held on October 13, 2014. On December 2, 2014, the City received proposals from fifty-one (51)firms. Via Resolution 2015-29041 passed and adopted June 10, 2015, the Mayor and City Commission accepted the City Manager's recommendation pertaining to the ranking of proposals for the disciplines of Landscape Architecture, General Architecture, Town Planning Architecture, Historical Preservation Architecture, Civil Engineering, Land Surveying, and Mechanical, Electrical, and Plumbing Engineering. This agenda item addresses an award recommendation for the following remaining disciplines: Planning and Urban Design Architecture, Environmental Engineering, Interior Design and Space Planning Architecture, and Structural Engineering. After reviewing the submission, the Evaluation Committee's rankings of proposals received and the City Code, the City Manager recommends that the Mayor and the City Commission, pursuant to RFQ No. 2014-346-YG, for Architectural and Engineering Services in Specialized Categories On An-Needed-Basis, authorize the Administration to enter into negotiations with the Proposers recommended for each discipline as noted beginning on page 5 of the attached memorandum. In the event that the Administration is unable to negotiate a mutually agreeable with any of the recommended firms, the City Manager recommends that the Mayor and City Commission authorize the Administration to negotiate with other ranked firms, in order of rank, in each category. Further, the City Manager recommends the Mayor and City Clerk be authorized to execute an Agreement upon conclusion of successful negotiations by the Administration. RECOMMENDATION Adopt the Resolution. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account • Funds: 1 The cost of the related services, determined upon successful negotiations, are subject to funds availability approved through the City's budgeting process. ()BPI City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: D •artment Director Assistant City Manager City ; - s er AD .EC DM ' MT _ JL T:\AGEN'. 0151July1PROCUREMENT12014- 46-YG RFQ-Professional Architectural and Engineering Services-Sum - (Plan, Urban Design, Env Eng, t Design,Structural Eng).docx MiAMIBEACH AGENDA ITEM C DATE 7-g-IS" MIAMI BEI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139, .miamibeachfl.gov C MMISSIO i/MEMORANDUM TO: Mayor Philip Levine and Members of he City Comm sion FROM: Jimmy L. Morales, City Manager =ate Y Y 9 � DATE: July 8, 2015 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2014-346-YG, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN AS-NEEDED-BASIS, FOR THE DISCIPLINES OF PLANNING AND URBAN DESIGN ARCHITECTURE, ENVIRONMENTAL ENGINEERING, INTERIOR DESIGN AND SPACE PLANNING ARCHITECTURE, AND STRUCTURAL ENGINEERING. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Streamline The Delivery Of Services Through All Departments BACKGROUND Since June 9, 2010, the City has had contracts pursuant to Request for Qualifications (RFQ) 01-09/10 with various firms for professional architectural and engineering services in specialized categories on an "as-needed-basis". This contract provides access to architecture and engineering (A & E) firms in accordance with the requirements of the State of Florida, Consultant's Competitive Negotiation Act (CCNA). At its September 11, 2013 meeting, the Mayor and City Commission approved the recommendation of the Administration to exercise the last option for renewal of one (1) year, which extended the contract until September 29, 2014. Resolution 2014-28743, passed and adopted September 17, 2014, authorized the issuance of a new RFQ for professional architectural and engineering services in specialized categories on an "as-needed-basis". This resolution further authorized the Mayor and City Clerk to execute Amendment No. 1 to the Contracts executed pursuant to RFQ 01-09/10 to authorize month-to- month extensions until such time as a new RFQ process was completed and new contracts were executed. RFQ PROCESS On September 17, 2014, the City Commission approved the issuance of Request for Qualifications (RFQ) No. 2014-346-YG for Professional Architectural and Engineering Services in Specialized Categories On An "As-Needed-Basis". On September 18, 2014, the RFQ was issued. A pre-proposal conference to provide information to the proposers submitting a response was held on October 1, 2014. An additional pre-proposal conference was also held on October 13, 2014. RFQ responses were due and received on December 2, 2014. • Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Qualifications(RFQ)No. 2014-346-YG, for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. July 8, 2015 • Page 2 The City received proposals in response to the RFQ from the following fifty-one (51)firms: AECOM Technical Services Marlin Engineering Bermello Ajamil & Partners, Inc. McHarry Associates BCC Engineering, Inc. Miller Legg BEA Architects MSA(Milian, Swain &Associates, Inc.) Bender&Associates Architects Pure Engineering Services Biscayne Engineering Company, Inc. R.J. Behar& Company, Inc. Brindley Pieters &Associates RAI CB&I Environmenatal & infrastructure Reines & Straz CES Consultants, Inc. RGD Chen Moore and Associates RJ Heisenbottle CIMA Robayna and Associates Coastal Systems International, Inc. Ross Engineering CPH, Inc. SBLM Architecs Craven Thompson and Associates Schwebke - Shiskin &Associates, Inc. Cummins Cederberg, Inc. Stanley Consultants Douglas Wood Stantec EAC Consulting, Inc. The Corradino Group ELA Architects Thorton Tomasetti E-Sciences TLC Engineering GFA International, Inc. Triangle Surveying Map Glavovic Studio URS Corporation HAKS Wade Trim Keith and Schnars, P.A. William B Medellin Architect P.A. Kimley Horn Wolfberg Alvarez and Partners Kobi Karp Zyscovich Architects Lockwood, Andrews & Newman, Inc. On June 10, 2015, via Resolution 2015-29041, the Mayor and City Commission accepted the City Manager's recommendation pertaining to the ranking of proposals for the following disciplines/groups: Group 1 - Landscape Architecture; Group 2 - General Architecture, Town Planning Architecture and Historical Preservation Architecture; Group 3- Civil Engineering and Land Surveying; and Group 4: Mechanical, Electrical, and Plumbing Engineering. This agenda item only addresses an award recommendation for the following remaining disciplines/groups: Group 1 - Planning and Urban Design Architecture and Environmental Engineering; Group 2: Interior Design and Space Planning Architecture; and Group 4: Structural Engineering. On February 5, 2015, the City Manager appointed the Evaluation Committee via LTC # 054- 2015, which included evaluation committee members for each category group. The Evaluation Committee(the"Committee")for these groups consisted of the following individuals: GROUP 1 — PLANNING AND URBAN DESIGN ARCHITECTURE, AND ENVIRONMENTAL ENGINEERING • Margarita Wells, Environment and Sustainability Specialist, Building Department, City of Miami Beach • Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach • Humberto Cabanas, Division Director, CIP, City of Miami Beach Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Qualifications(RFQ)No. 2014-346-YG,for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. July 8, 2015 Page 3 GROUP 2—INTERIOR DESIGN/SPACE PLANNING ARCHITECTURE • Deborah Tackett, Preservation and Design Manager, Planning Department, City of Miami Beach • Rogelio Madan, Principal Planner, Planning Department, City of Miami Beach • Valeria Mejia, ADA Coordinator, Property Management, City of Miami Beach GROUP 4—STRUCTURAL ENGINEERING • Sabrina Baglieri, Sr. Capital Projects Coordinator, CIP, City of Miami Beach • Oniel Toledo, Construction Manager, Public Works, City of Miami Beach • Jose Perez, Capital Projects Coordinator, CIP, City of Miami Beach For Group 1 — Planning and Urban Design Architecture, the Committee convened on February 26, 2015 to consider proposals received to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process for the proposals received resulted in the ranking of proposers as indicated below. RFQ#2014-346-YG Professional . Architectural and Engineering Services (PLANNING 8 URBAN LOW DESIGNS • Margarita Rogelio Humberto AGGREGATE Wells Ranking Madan Ranking Cabanas Ranking TOTALS Rank KEITH AND SCHNARS, P.A 96 1 95 1 93 1 3 1 AECOM TECHNICAL SERVICES,INC. 82 2 88 2 87 3 7 2 BERMELLO,AJAMIL& PARTNERS,INC. 79 5 78 3 88 2 10 3 ZYSCOVICH,INC. 80 4 78 3 85 4 11 4 THE CORRADINO GROUP,INC. 82 2 75 5 81 5 12 5 Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Qualifications(RFQ) No. 2014-346-YG, for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. July 8, 2015 Page 4 For Group 1 — Environmental Engineering, the Committee convened on February 26, 2015 to consider proposals received to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process for the proposals received resulted in the ranking of proposers as indicated below. • RFQ#2014-346-YG Professional - Architectural and Engineering Services LOW • (ENVIRONMENTAL Margarita Rogelio Humberto AGGREGATE . ENGINEERING) _ Wells Ranking Madan Ranking Cabanas Ranking • TOTALS Rank KEITH AND SCHNARS, P.A. 96 1 99 2 94 1 4 1 URS CORPORATION 93 2 100 1 88 4 7 2 • • E-SCIENCES,INC. 89 4 80 4 89 2 10 3 CB&I ENVIRONMENTAL& INFRASTRUCTURE,INC. 92 3 88 3 87 5 11 4 KIMLEY-HORN AND ASSOCIATES,INC. 83 5 79 6 89 2 13 5 GFA INTERNATIONAL, INC. 82 6 80 4 76 8 18 6 STANTEC CONSULTING SERVICES,INC. 82 6 79 6 83 6 18 6 CUMMINS CEDERBERG, INC. 61 8 57 _ 8 80 _ 7 23 8 For Group 2 — Interior Design and Space Planning, the Committee convened on March 19, 2015 to consider proposals received to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process for the proposals received resulted in the rank_ing of proposers as indicated below. _ RFQ#2014-346-YG Professional Architectural and . Engineering Services LOW (INTERIOR DESIGN& Deborah Rogelio Valeria AGGREGATE_ SPACE PLANNING) Tackett Ranking Madan Ranking Mejia Ranking TOTALS Rank BERMELLO AJAMIL& PARTNERS,INC. 92 1 92 1 88 1 3 1 EDWARD LEWIS ARCHITECTS,INC. 78 2 73 2 70 2 6 2 . I Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Qualifications (RFQ) No. 2014-346-YG,for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. July 8, 2015 Page 5 For Group 4—Structural Engineering, the Committee convened on April 8, 2015 to consider proposals received to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process for the proposals received resulted in the ranking of proposers as indicated below. RFQ#2014-346-YG Professional Architectural and Engineering Low SEt1RC8S Oniel Jose A. Sabrina AGGREGATE (STRUCTURAL ENGINEERING Toledo Ranking Perez Ranking Baglieri Ranking TOTALS Rank DOUGLAS WOOD ASSOCIATES,INC. 100 1 94 1 94 4 6 1 STANLEY CONSULTANTS,INC. 100 1 91 3 96 2 6 1 THORNTON TOMASETTI,INC. 97 3 90 4 97 1 8 3 BRINDLEY PIETERS&ASSOCIATES, INC. 95 4 92 2 93 5 11 4 BCC ENGINEERING,INC. 90 5 89 5 95 3 13 5 CES CONSULTANTS,INC. 70 6 86 6 77 7 19 6 HAKS ENGINEERS,ARCHITECTS AND LAND SURVEYORS,P.C. 60 7 80 7 78 6 20 7 Because of the large number of response for certain disciplines and the projected volume of work, staff is recommending that no more than five (5)firms be awarded in each category. MANAGER'S DUE DILIGENCE & RECOMMENDATION The City Manager has considered the proposals received, the results of the evaluation committee process and Section 2-369 of the City Code which states that in the award of contracts the following shall be considered: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience and efficiency of the • bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. After careful review of the above, the City Manager recommends that the Administration be authorized to enter into negotiations as follows: Keith and Schnars, P.A., AECOM Technical Services, Inc., Zyscovich, Inc., and The Corradino Group, Inc., for the discipline of Planning and Urban Design Architecture. The City Manager does not recommend an award to Bermello, Ajamil & Partners in this group because of pending litigation with the City. Keith and Schnars, P.A., URS Corporation, E-Sciences, Inc., CB&I Environmental & Infrastructure, Inc., and Kimley-Horn and Associates, Inc., for the discipline of Environmental Engineering. Edward Lewis Architects, Inc., for the discipline of Interior Design and Space Planning Architecture. The City Manager does not recommend an award to Bermello, Ajamil & Partners in this group because of pending litigation with the City. Douglas Wood Associates, Inc., Stanley Consultants, Inc., Thornton Tomasetti, Inc., Brindley Pieters & Associates, Inc., and BCC Engineering, Inc., for the discipline of Structural Engineering. Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Qualifications(RFQ)No. 2014-346-YG,for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. July 8, 2015 Page 6 In the event that the Administration is unable to negotiate a mutually agreeable with any of the recommended firms, the City Manager recommends that the Mayor and City Commission authorize the Administration to negotiate with other ranked firms, in order of rank, in each category. The City Manager further recommends that the Mayor and City Clerk be authorized to execute an agreement upon conclusion of successful negotiations by the Administration. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) 2014-346-YG for Professional Architectural and Engineering Services in Specialized, on an as needed basis for the disciplines of Planning and Urban Design Architecture, Environmental Engineering, Interior Design and Space Planning Architecture, and Structural Engineering. JLM/MTDM/EC/AD/YG T:\AGENDA 120151July\PROCUREMENT12014-346-YG RFQ-Professional Architectural and Engineering Services-Memo(Plan,Urban Design, Env Eng,Int Design,Structural Eng).docx ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) 34 MIAMtBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfi.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 8 REQUEST FOR QUALIFICATIONS NO. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN"AS-NEEDED-BASIS"(the"RFQ") NOVEMBER 24, 2014 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.As a reminder to all Proposers, the deadline for the receipt of proposals is UNTIL 3:00 P.M., ON TUESDAY, DECEMBER 2, 2014, 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. 2. ANSWERS TO ADDITIONAL QUESTIONS RECEIVED. Q1: Proposer dropped off two proposal packages on November 4, 2014. Proposer received Addendum 7 and read that the due date has been extended to December 2. Proposer would like to know if it is okay to leave the package in the Procurement office `til then. Proposer also wanted to know that since its packages were dropped off on November 4, 2014, if Proposer's signature on the addendums is not required for Addendums 4, 5 &6. Al: Proposers who have already submitted their Proposal package, prior to the release of Addendum No. 7, may leave their Proposal package in the Procurement Department. To acknowledge receipt of Addendums 4 through 8 (which includes this addendum), Proposers may submit a revised Page 4 from Appendix A in a sealed envelope to the Procurement Department. Or, Proposers may also wait for the Proposal evaluation period when the Procurement Department will request any missing documentation from the Proposer, which will include acknowledgement of published addendums. Q2: Some clarification is still needed on Question #71 in Addendum No. 7. If using a 330 form for TAB 2, Section 2.1 /2.2 — Do we need to re-arrange the order of the 330 form to reflect the order requested? The answer provided in Addendum No. 7 does not clarify the way it should be arranged. Can a clause page be included before these sections that states: "Sections 2.1 and 2.2 are covered in the following 330 form" instead of re-arranging the order of the standard 330 form? A2: The order of Standard Form 330 should not be re-arranged. As indicated in Tab 2, Page 12 of the RFQ, "Proposers may submit the below requested information utilizing the enclosed Standard Form 330 — Architect-Engineer Qualifications". In its response, Proposer may include a page ,indicating that the information requested in Sections 2.1 and 2.2 of Tab 2 is shown in Standard Form 330 and immediately following include the completed form. Proposer shall indicate which sections of Standard Form 330 correspond to Section 2.1 and 2.2 of Tab 2. Page 1 of 2 2 I Miami Beach ADDENDUM NO.8 RFQ 2014-346-SR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN"AS-NEEDED-BASIS° Q3: Would you consider re-formulating this RFQ from scratch and putting out a new deadline? This might serve both the City's and the potential proposers' interests best. A3: No, the City will not consider this option. 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 RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a pro• - - —446 17' Denis Procurement Director M1AMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 7 REQUEST FOR QUALIFICATIONS NO. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN"AS-NEEDED-BASIS"(the "RFQ") NOVEMBER 18, 2014 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, DECEMBER 2, 2014, at the following location. Miami Beach City Hall Procurement Department 1700 Convention Center Drive, 3`d 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. 2. DELETION. The following specialized areas of the RFQ have been deleted: "Geotechnical", under Group B—Engineering, from Section 0200, Sub-Section 2. Purpose. "Acoustics, Noise Abatement'from Appendix C, Sub-Section C2., Scope of Work. "Storage Tank Repair and Monitoring"from Appendix C, Sub-Section C2., Scope of Work. 3. ADDITION.The following clause has been added to Appendix D—Special Conditions: 13. COMPETITIVE SPECIFICATIONS. It is the goal of the City to maximize competition for the project among suppliers&contractors. Consultant shall endeavor to prepare all documents, plans & specifications that are in accordance with this goal. Under no condition shall Consultant include means & methods or product specifications that are considered "sole source" or restricted without prior written approval of the City. ANSWERS TO QUESTIONS RECEIVED FROM PROSPECTIVE PROPOSERS: Q1: TAB 2 reads that proposers may submit the information requested under that Tab utilizing the SF330. Then item 2.1 of said Tab asks for 5 projects performed by the firm in the last five years. The SF 330 instruction usually allows for users to provide 10 projects. Does this mean the City is asking for 10 projects, or is it limiting the projects to 5? Could you please clarify? Al: Per Page 12 of the RFQ, Tab 2, Item 2.1, the Proposing Firm is only required to "submit five (5) relevant projects, performed in the last five (5) years as evidence of experience;"It is up to the Proposer's discretion should they want to list more than five relevant projects. 1 Q2: Section Cl. Minimum Requirements under Appendix C, the first bullet states "Proposer must have a minimum of five (5) years' experience and successfully completed at least five (5) projects for public sector agencies." Please clarify the City's definition of "successfully completed". Is this completion of the design or substantially completed in construction? A2: Successfully completed refers to successful completion of the project in the design phase. Q3: Are complete AlE teams, including sub-consultants, required for this RFQ submission? Due to the fact that the specific projects to be awarded under all categories are unknown at this time, as well as the fact that this is a minimum three-year contract term,we strongly feel it would be in the City's best interest to allow prime firms to submit without sub- consultants in order to allow future flexibility in selecting the best possible sub-consultant team for each specific task order's scope. A3: In accordance with Page 13 of the RFQ, Tab 3—Approach and Methodology, "It is the objective of the City that the majority of the services defined herein be performed directly by the Proposer (rather than through sub-consultants). To evaluate compliance with this objective, proposers shall explain how they plan to accomplish this, denoting which sections of the scope shall be performed directly by the Firm (with its own forces) and which sections are intended to be subcontracted." After award of contract, the prime Proposer would be allowed to add sub-consultants for each specific task as necessary and approved by the City through the City Manager. Q4: Do Form Based Code services fall under the Town Planning or Planning and Urban Design category. A4: Form based code services are not being sought at this time. Should a need arise in the future, the City may consider all its options, including (but not limited to) selecting a consultant pursuant to this RFQ or releasing a separate solicitation. Q5: Please provide copies of all sign in sheets scanned and have them sent out as an addenda as soon as possible. A5: Sign-in sheets for both pre-proposal conferences are attached to this addendum. Q6: At the pre-proposal conference, several firms asking for a deadline extension, especially because there is still the lingering question about team and grouping within a category or in multiple categories. We certainly would like to be informed of a deadline extension, as it could possibly impact the decision of small firms to pursue this solicitation. A6: As indicated in page 1 of this addendum, the deadline for receipt of proposals has been extended to Tuesday, December 2, 2014 at 3:00 PM. Proposers must be registered with Public Purchase to ensure receipt of all addenda. Q7: If we submit for more than one category, are we going to have to prepare a proposal for each or can we submit together(one proposal for all applicable categories)? A7: Per RFQ Section 0300—Submittal Instructions and Format, sub-section 3: Proposals shall clearly indicate if qualifications are being sought under Group A — Architecture and/or Group B — Engineering. Furthermore, firms are required to submit separate proposals for each specialized category under the respective 2 group for which they seek qualifications. Example: a firm which provides landscape architecture and interior design/space planning, shall respond under Group A — Architecture and shall submit two (2) proposals under said group; a proposal seeking qualifications under landscape architecture and a proposal seeking qualifications under interior design/space planning, Q8: Can we use our SF-330 which has the colors of our firm but is the exact same form? A8: Yes, that is allowed as long as the structure and contents of the form has not changed. Q9: We provide GIS services but have no Survey Department, can we submit a proposal or will you create a separate category for GIS? A9: Per this RFQ, the GIS services are limited to Survey and collecting GIS features. The City anticipates creating a separate broader GIS RFQ in the future. Q10: Will the relevant experience still be completed projects or can ongoing projects be included (discrepancy between page 12 and Appendix C) A10: Per Appendix C, Section C.1, Minimum Requirements, the relevant project experience must be for successfully completed projects. Q11: To follow up on the discussion at yesterday's Pre-Bid meeting,we would like to know if we can submit for Multiple Categories in one package. For example: Civil and Environmental in Group B - Engineering. This would greatly reduce the work effort (not to mention excess paper!) for both the City and the consultants. If this is not possible, then we respectfully request that you consider a time extension to allow firms adequate time to prepare numerous submissions. • All: Please refer to the answer written for Question#7 in this Addendum. Q12: Please indicate teaming restrictions, if any, on sub-consultants.Thank you. Al2: Per Page 13 of the RFQ, Tab 3, "It is the objective of the City that the majority of the services defined herein be performed directly by the Proposer (rather than through sub-consultants). To evaluate compliance with this objective, proposers shall explain how they plan to accomplish this, denoting which sections of the scope shall be performed directly by the Firm (with its own forces) and which sections are intended to be subcontracted.': As indicated above, Proposers must clearly indicate in their proposal which sections of the scope will be performed directly by the Firm (with its own forces) and which sections are intended to be subcontracted. Q13: Section 0300 3. Statements of Qualifications Format. Tab 1 - Item 1.3 Minimum Qualification Requirements (a), Requires LEED, ULI, AICP,APA Certifications for Planning, Urban and Historical Preservation Architects. Please clarify why Historic Preservation architects require such certifications. A13: Please note that, pursuant to Appendix C, section C1. Minimum Requirements, Planning, Urban, and Historical Preservation Architects certified by or members of LEED, ULI, AICP, APA is a preference and not a requirement. As such, firms that do not have architects certified by or members of LEED, ULI, AICP, APA will not be penalized. 3 • Q14: Please clarify the ambiguity in the RFQ 2014-346-YG as to teaming: whether an architectural firm can submit as a lead firm with a roster of subconsultants who, together, cover specialties in both of the listed areas. Also, please clarify whether subconsultants can, in their turn, use specialty subconsultants to cover any gaps in their own team's expertise. A14: While proposers are not precluded from including sub-consultants as part of its team, per Page 13 of the RFQ, Tab 3, "It is the objective of the City that the majority of the services defined herein be performed directly by the Proposer (rather than through sub-consultants). To evaluate compliance with this objective, proposers shall explain how they plan to accomplish this, denoting which sections of the scope shall be performed directly by the Firm (with its own forces) and which sections are intended to be subcontracted." Q15: Regarding the RFQ for Professional Architectural and Engineering Services in Specialized Categories on an "As-Needed Basis", will there be an additional addendum published addressing the teaming clarification that was brought up during the first pre-proposal meeting? The second meeting is not until 10/13 and the RFQ packages are due on 10123; this is a very small time-frame to gather a team if need be. A15: Please refer to the answer written for Question #3 and #14 in this addendum. As indicated in page 1 of this addendum, the deadline for receipt of proposals has been extended to Tuesday, December 2, 2014 at 3:00 PM. Proposers must be registered with Public Purchase to ensure receipt of all addenda. Q16: For submission for Environmental Engineering, the City states per the RFQ that it is searching for submissions in the following sub-categories: general environmental services, environmental & coastal permitting, and contamination assessment. According to your Environmental Department representative, the City prefers for a firm to do this in- house, correct? If we cannot do-all these 3 services in-house, can we submit just to the 1 service that we are able to do in-house, or does the City prefer that we team with sub- consultants to be able to submit for all 3 services under Environmental Engineering? A16: In accordance with RFQ Page 13, Tab 3 —Approach and Methodology, "It is the objective of the City that the majority of the services defined herein be performed directly by the Proposer(rather than through sub-consultants). To evaluate compliance with this objective, proposers shall explain how they plan to accomplish this, denoting which sections of the scope shall be performed directly by the Firm (with its own forces) and which sections are intended to be subcontracted." In accordance with the above language, the City prefers that Proposers perform services in- house (with its own forces); however should they be unable to, Proposers must indicate which sections of the scope will be subcontracted. Q17: Under section C2. Scope of Work required, does Coastal Engineering and Coastal Surveys fall under the Civil Engineering discipline? A17: Yes, Coastal Engineering and Coastal Surveys fall under Civil Engineering. Q18: Please confirm that if we are to submit to Civil and Environmental Engineering, that the City requires 2 separate proposals. A18: Please refer to the answer written for Question #7 in this Addendum. 4 • Q19: The question is regarding whether the City expects a complete team to be put together for each of the categories depending on the types of projects. For example, if the City intends on-doing a-pump-station project under the Civil Group, do we need to include electrical and mechanical resumes or firms on our team for that category? A19: As part of their submittal, a Civil Engineering firm may include in its proposal qualifications of mechanical and electrical engineers. Please note however, per Page 13 of the RFQ, Tab 3, `It is the objective of the City that the majority of the services defined herein be performed directly by the Proposer (rather than through sub-consultants). To evaluate compliance with this objective, proposers shall explain how they plan to accomplish this, denoting which sections of the scope shall be performed directly by the Firm(with its own forces) and which sections are intended to be subcontracted" Q20: Is a submittal required for each category a firm may be interested in under Groups A&B? A20: Please refer to the answer written for Question #7 in this Addendum. Q21: Are firms permitted to develop a comprehensive team for each category. A21: Please refer to the answer written for Question#3 and #14 in this addendum. Q22: Are there teaming restrictions? Can a prime firm go as a subconsultant to a firm for any category? A22: Please refer to the answer written for Question# 12 in this Addendum. Q23: I have an inquiry regarding what defines the "General" under the Group A - Architecture Category. Is there a list breakdown of services that can be provided to demonstrate/define "General"? A23: General Architecture is defined as the planning, programming, design, preparation of construction documents, permitting and construction supervision for single and multi-purpose facilities and their sites. These facilities may include, but may not be limited to: parking garages, park facilities, fleet maintenance and storage buildings, etc. Q24: At the top of Page 13 of RFQ 2014-346-YG it indicates that a copy of staff's accredited college diploma or bachelor's degree in Environmental Sciences or related field should be provided for Environmental Engineering Firms. I have two questions: Can a Florida licensed Professional Engineer's certificate satisfy this criteria as Florida licenses PEs only with degrees in engineering from accredited schools? Will an official transcript or other documentation from the school suffice in lieu of a copy of a diploma if that transcript/document clearly states that the individual received a bachelor's degree in an environmental science or related field? A24: Yes, a Florida licensed Professional Engineer's certificate may be provided. Environmental Engineering firms providing General Environmental Services, Environmental and Coastal Permitting, and Contamination Assessment, must provide copies of the following: Staff's accredited college diploma or Bachelor's degree in Environmental Sciences or related field. Q25: It is a burden on the firms to submit multiple proposals for one, the architecture and engineering categories and then also for the subcategories. It will also slow down the review process by the City. Will the city consider providing a check list for areas of interest and in which the firms are qualified for and for it to be included in the proposal? 5 A25: Please refer to the answer written for Question #7 in this Addendum. Q26: The RFQ states that Landscape Architects must be certified by the International Society of Arboriculture, Landscape Inspectors Association of Florida and FNGLA. These are not certifications normally held by Landscape Architects. Can an ISA certified Arborist be added as a sub consultant to satisfy this requirement? A26: Yes. Q27: If the submitting firm desires to submit proposals for multiple categories, would the City consider allowing the submitting firm to submit one proposal in which the firm describes what categories they may qualify for? It is not clear in the RFP if the City's intent is for submitting firms to form teams. For example, it is typical for a Civil engineering firm to submit as part of its team a surveyor and geotechnical firm that they have a working relationship with. Is it the City's intent to pair firms qualified under separate categories to complete a task order under this contract? Furthermore, the RFP encourages that the submitting firm should self-perform the work proposed under the desired category, however it goes on to encourage the use of DBE sub-consultants. This is somewhat contradictory, Please clarify? A27: Please refer to the answer written for Question#3, #7, and#14 in this Addendum. Q28: If the instructions in the RFQ prevail and proposers are to submit one individual proposal (1-original/11 copies) per discipline, would the City consider giving an extension of the current deadline or staggering the due dates for each the disciplines (e.g. civil, structural, environmental, mechanical etc)? A28: Please refer to the answer written for Question # 7 in this Addendum. As indicated in page 1 of this addendum, the deadline for receipt of proposals has been extended to Tuesday, December 2, 2014 at 3:00 PM. Proposers must be registered with Public Purchase to ensure receipt of all addenda. Q29: Will a State issued DBE certification suffice as"verifiable evidence" of Proposer's intent to use DBEs on this contract? A29: Yes. Per Page 13 of the RFQ, Tab 3--Approach and Methodology, "Accepted DBE certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County." Q30: Do the 5 projects being requested as "Qualifications of Proposing Firm", Tab 2-Section 2.1, need to be completed? A30: Yes. Per Appendix C, Section C.1, Minimum Requirements, the relevant project experience must be for successfully completed projects. Q31: Do the 5 projects being requested as "Qualifications of the Proposer Team (Architects and Engineers)Tab 2-Section 2.2, need to be completed? A31: Yes. Per Appendix C, Section C.1, Minimum Requirements, the relevant project experience must be for successfully completed projects. Q32: Is it the intent of the RFQ that submitting firms only show 5 relevant projects in the SF 330, as requested in Tab 2-Section 2.1? 6 A32: Please refer to the answer written for Question#1 in this Addendum. Q33: In speaking to D & B they say an SQR is not something most people are subscribed, but a Comprehensive Report can substitute in many cases since they are similar. Is the SQR mandatory or is there an alternative? A33: The submittal of the SQR is mandatory. Per Page 12 of the RFQ, Tab 2, Item # 2.3, "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." Q34: Is the 2nd underlined area a repetitive requirement of the 1st underlined area? Or are you requesting 2 different sets of five (5) relevant projects? RFQ Page 12 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services as identified in this solicitation, including experience in providing scope of services to public sector agencies. Proposer must submit five(5_) relevant projects, performed in the last five (5)years as evidence of experience; the following is required: project description, agency name, agency contact, contact telephone & email, and year(s)and term of engagement. 2.2 Qualifications of Proposer Team (Architects and Engineers). Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members'qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each respondent team member to be assigned to this contract. For each architect and engineer, include information for five (5)relevant projects, performed in the last five(5)years for public sector clients. Relevant projects shall include those projects similar in scope to those services listed in this RFQ. A34: The requirements indicated in Page 12 of the RFQ, Tab 2, Item # 2.1 are applicable to the "Proposing Firm": The requirements indicated in Page 12 of the RFQ, Tab 2, Item # 2.2 are applicable to the "Architect and Engineer"in each firm/team. Q35: If we are to have D&B send the SQR directly to the City what information should we include in this tab for our submittal? 2.3 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. A35: Given that the SQR must be submitted directly to the Procurement Contact named in the RFQ, Proposers are not required to include information in their proposal under Item # 2.3 of Tab 2, Page 12 of the RFQ. Q36: Do relevant projects have to be completed projects or can they be currently in progress? A36: Please refer to the answer written for Question# 10 in this Addendum. 7 Q37: Under Section C1. MINIMUM REQUIREMENTS: Planning, Urban, and Historical Preservation Architects certified or members of LEED, ULI, AICP, APA is preferred. However, since this is the City's preference and not a minimum requirement, if the firm does not hold any of these certifications will the proposal be deemed non-responsive and not be considered? A37: No, this is a preference and not a requirement. Q38: Given that many firms will be able to Prime various disciplines in Group A and Group B, would the City consider changing the requirements in the current RFQ and requesting that one proposal address all the disciplines for which the firm is able to Prime? A38: Please refer to the answer written for Question#7 in this Addendum. Q39: Our firm is submitting proposals in four disciplines and our corporate offices are questioning the need for 4 separate Dun & Bradstreet SQR Reports. Can we submit one for the firm since they are costly, and the information will be the same on all four? A39: Yes. Q40: If the City intends to select twelve separate firms, then will the City be providing the coordination between disciplines or will one of the twelve firms be required to provide the overall coordination? A40: The City is not limited to awarding only one Proposer per specialized category. The City may award more than one Proposer per specialized category. 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 by the City from the appropriate specialization list. The prime proposer will be responsible to hire the applicable or required sub-consultants and coordinate the work. Q41: If the City intends to select twelve separate firms, then why does the sample contract call for written approval of all sub-consultants? A41: Please note that the City does not intend to select only twelve separate firms(firm per specialized area). Multiple firms may be qualified per category. Proposers are not precluded from including sub-consultants as part of its team. Per Page 13 of the RFQ, Tab 3, "It is the objective of the City that the majority of the services defined herein be performed directly by the Proposer(rather than through sub-consultants). To evaluate compliance with this objective, proposers shall explain how they plan to accomplish this, denoting which sections of the scope shall be performed directly by the Firm (with its own forces) and which sections are intended to be subcontracted." As indicated in the last part of the above cited language, Proposers shall indicate the sections of the services the Proposer intends to sub-contract. Q42: If the City intends to select A/E Teams already put together by the Consultant, then why does the RFQ require each discipline to submit separate proposals? This would result in twelve (12) original proposals and one hundred and twenty (120) copies be submitted for one full A/E Team of all disciplines. A42: Please refer to the answer written for Question#7 in this Addendum. 8 Q43: Is it the City's intent to select Architecture/Engineering Teams for this contract or to make twelve (12) separate selections of firms, one for each discipline listed on page 3 of the RFQ-and require these twelve firms to work together as a team? Of course a firm could be selected for more than one discipline... A43: The City is not limited to awarding only one Proposer per specialized category. The City may award more than one Proposer per specialized category. Q44: Is it possible to get a copy of the attendee list for both pre-proposal meetings or will they be posted online? A44: Copies of the sign-in sheets for both pre-proposal meetings are attached to this Addendum. Q45: If a firm was interested in pursuing Park work, which category should they submit under, "Landscape"or"Planning and Urban Design"? A45: A firm may submit under both categories. A firm designing a Park, will need to have planners/urban designers. If the firm is only interested in doing the landscaping for the Park, then they may submit under Landscape only. Q46: We will be submitting for the Civil category with subs that will be needed to carry out the task. How will our proposal be evaluated in relation to the proposal submitted by an architectural team who will have sub-consultants which may also include civil? A46: All proposals will be evaluated in accordance with the evaluation criteria stipulated in Section 0400—Statements of Qualifications Evaluation, Page 14 of the RFQ. 047: Tab 2 (Section 2.2- Qualifications of Proposer Team) — Do we have to provide 5 relevant projects for each of the sub-consultants on our team? A47: Section 2.2 of Tab 2 indicates: "For each architect and engineer, include information for five (5) relevant projects, performed in the last five (5) years for public sector clients. Relevant projects shall include those projects similar in scope to those services listed in this RFQ." If the sub- consultant team includes architects and engineers, then Proposer shall also list five (5) relevant projects in the last five (5) years for public sector clients. 048: Minimum Qualifications Requirements, C1 Minimum Requirements. Architects and engineers must be licensed by the Florida Department of Business and Professional Regulation. -Landscape Architects must be certified by International Society of Arboriculture Certification, Landscape Inspectors Association of Florida Certification, FNGLA Certification. Are Landscape Architects are specifically required to have all three additional certifications? Typically the Florida Department of Business Landscape Architecture Professional Regulation License will suffice in lieu of these requirements. A48: The Florida Department of Business Landscape Architecture Professional Regulation License is acceptable. 9 Q49: We will be submitting for Mechanical, Electrical, and Plumbing — You stated that you all prefer that each discipline be submitted separately; When I submit my staff and firms qualifications for each discipline, how exactly to you all want that formatted? A49: Please refer to the"Clarification" provided in Page 1 of this Addendum. Also, please refer to RFQ Page 11, Section 0300—Submittal Instructions and Format. Q50: City mentioned at the second pre-proposal conference that the deadline may be pushed back — can you please tell me where I can find the answers to my questions and also see the answers to the other attendees questions? A50: This addendum contains responses to all questions received prior to the deadline for receipt of questions and clarifications. Proposer must be registered with Public Purchase to ensure receipt of this addendum. Q51: Can you tell us who will be on the selection committee? A51: This information is unknown at this moment. Q52: Page 12, Tab 1, 1.3 item d) a — it will be very difficult to obtain copies of our environmental staff's diplomas in a timely manner. Will copies of their licenses and certifications suffice? A52: Please refer to the answer provided for question#24 in this Addendum. Q53: Page 12, Tab 2, 2.1 — For each project we have to provide the "year(s) and term of engagement." What exactly are you looking for w/regards to"term of engagement"? A53: Term of engagement refers to the term (number of months or years) the firm was engaged in a particular project or assigned task. Q54: Page 12, Tab 2, 2.3 - Our accounting staff attempted to arrange for Dunn & Bradstreet to submit a SQR to you; however, the D&B site requires your "user name." Can you please provide us w/this as soon as possible? A54: The"user name" is the same as the"email address": vusbeloonzalez(a miamibeachfl.gov Q55: Appendix C, C.2 Scope of Work Required — In addition to environmental and geotechnical services, our firm provides the following services that are listed in your scope of work: lab testing services as well as testing and inspection services. Typically the lab testing can fall under geotechnical and construction materials testing (CMT) whereas testing and inspections would fall under CMT. CMT is not listed in your RFQ. Some public entities tend to lump geotechnical and CMT together. Should we highlight these services in under geotechnical? A55: As indicated in Page 1 of this addendum, "Geotechnical" has been removed from Group B — Engineering of this RFQ. Q56: The scope also says "Any other professional services..." Our firm also offers facilities services (i.e. building envelope, roofing, waterproofing). Should we highlight this in the submittal? If so, where should we address it? Or should we just stick to the services that are under Group A& Group B? 10 A56: As indicated in Appendix C, the scope of this RFQ will include "Any other professional service pursuant to Section 287.055, Florida Statutes, commonly known as the Consultants'Competitive Negotiation Act (CCNA)." Proposers may highlight in their response any other professional services that falls under Section 287.055, Florida. Proposers may list this information under Tab 3 —Approach and Methodology as indicated in Page 13 of the RFQ. Q57: Submitting separate books for each specialized area that apply to our firm will be not only be costly, but time consuming. Please consider allowing us to submit one book & distinguish the specialized area in each section with a sub tab labeled with that specialized area or simply by using a page break in our documents. A57: Please refer to the answer written for Question#7 in this Addendum. Q58: Can you please provide a list of the firms that are the incumbents for this contract? A58: The incumbents under the City's current agreement for these services are: AECOM USA, INC. HADONNE CORP ARCHITEKNICS KOBI KARP ARCHITECTS& ATKINS NORTH AMERICA,INC. LIVS ASSOCIATES AVINO&ASSOCIATES, INC. LOCKWOOD,ANDREWS&NEWMAN INC BCC ENGINEERING, INC MC HARRY& ASSOCIATES INC BEA ARCHITECTS, INC MILIAN SWAIN&ASSOCIATES BENDER&ASSOCIATES ARCHITECTS MILLER LEGG BERMELLO,AJAMIL&PARTNERS O'LEARY RICHARDS DESIGN BISCAYNE ENGINEERING COMPANY PILLAR CONSULTANTS, INC. BORRELLI&PARTNERS,INC. RED DESIGN GROUP BRINDLEY PIETERS&ASSOCIATES ROBAYNA AND ASSOCIATES, INC. BRUCE HOWARD&ASSOCIATES ROSENBERG DESIGN GROUP,INC. CALVIN,GIORDANO&ASSOCIATES SAVINO MILLER DESIGN STUDIO CASHIN ASSOCIATES PC SBLM ARCHITECTS PC CDM SMITH INC SCHWEBKE-SHISKIN&ASSOC INC CES CONSULTANTS, INC. SHULMAN&ASSOCIATES DOUGLAS WOOD&ASSOCIATES, INC TERRA CIVIL ENGINEERING E SCIENCES INCORPORATED THE RUSSELL PARTNERSHIP, INC EASTERN ENGINEERING GROUP COMP TLC ENGINEERING FOR EDSA,INC. WILLIAM LANE ARCHITECTS f� FORBES ARCHITECTS ZYSCOVICH, INC. Q59: Is Mechanical, Electrical, and Plumbing considered one specialized category or three separate specialized categories? A59: Mechanical, Electrical, and Plumping Engineering are considered one specialized category. Q60: Please clarify which of the bulleted items described in the Scope of Work fall under each specialized category. A60: The architectural and engineering services listed in Appendix C, Section C2. Scope of Work are only a representative list of the various services the City may utilize throughout the term of the contract. After award, when professional services are required, a proposed project will be 11 analyzed in terms of the predominant professional specialty required, and a firm will be selected from the appropriate specialization list. Q61: Due to the inadvertent error with the time of the original pre-proposal meeting, several firms have a nearly a two-week advantage with information received at the original pre- proposal meeting that many did not receive until the second pre-proposal meeting. For this reason,we are requesting a time extension for the Statement of Qualifications. A61: As indicated in page 1 of this addendum, the deadline for receipt of proposals has been extended to Tuesday, December 2, 2014 at 3:00 PM. Proposers must be registered with Public Purchase to ensure receipt of all addenda. Q62: We understand that consultants are not allowed to cite City Employees as references in the proposal response for the above reference RFQ. We would like to receive clarification on this because based on Tab 2.1 and the SF-330 Section F, when showing project examples, we must list the Project Owner and Contact Person/Phone/E-mail. Please advise how we should address this section while still complying with the City's submittal requirements? A62: Please note that Proposers are not prohibited from citing City Employees as a contact in their proposal response for a particular project. Q63: The package stated we need to have 5 relevant project examples, can we have more than 5 project sheets, or only 5 is permitted? A63: Please refer to answer written for Question # 1 in this Addendum. Q64: In regard to RFQ 2014-346-YG Professional Architectural & Engineering Services, the RFQ states on page 12 that you request 5 relevant projects performed in the last 5 years. However, on the SF330 form, it allows up to 10 projects to be shown. Do you wish to have a maximum of 5 projects or can we include more on the SF330 form? A64: Please refer to answer written for Question# 1 in this Addendum. Q65: Can we submit more than 5 project examples? A65: Please refer to answer written for Question# 1 in this Addendum. Q66: Can we suggest that a single proposal be required to cover multiple specialties but still require separate proposals for either Group A or Group B. In the cover letter we could then highlight which specialties that we are referring to within the remainder of the document. Should this be acceptable, can we increase the number of projects provided to 10 to cover the wider scope? A66: Please refer to the answer written for Question #7 in this Addendum. Q67: We understand that the City may have projects related to neighborhood improvements and possibly pump stations which would require multiple disciplines. If this type of project were to fall in the civil engineering category, would we need to include mechanical and electrical personnel in our submittal as that may be required for this type of project? A67: Please refer to the answer written for Question # 19 in this Addendum. 12 Q68: Our firm and staff are fully licensed in landscape architecture and we have certified arborists on staff so we believe we are fully qualified to meet the RFQ requirements for landscape architecture services. With these qualifications, is it still necessary to include certifications from the Landscape Inspectors Association of Florida and the FNGLA in the RFQ response? These two certifications are not typical for landscape architects to have. Can those requirements be dropped or if they can't be dropped, can they be provided through a horticultural sub consultant. A68: International Society of Arboriculture Certification is acceptable. Q69: How should we document the consultants involved in the projects presented (TAB 2.1 Page 12)? (what portions of the SF 330 should be used?) A69: Proposers shall utilize the corresponding sections of SF3330 to document the information requested under RFQ Tab 2,#2.1 -Qualifications of Proposing Firm. Q70: Does Appendix E (Insurance Requirements) and F (sample contract) have to be included in the submittal? A70: No. Only the information requested under Section 0300 — Submittal Instructions and Format needs to be included in the response. Q71: Under Section 0300—Submittal Instructions and Format-TAB 2- Experience & Qualifications,we are required to submit Standard Form 330 to complete the following items: 2.1 Qualifications of Proposing Firm • 2.2 Qualifications of Proposer Team Should we divide the SF330 in the following order to provide our responses? To respond item 2.1 —should we include Part I -Sections, A-C; and sections F- Example Projects; G -Key Personnel Participation in Example Projects; H- Additional Information, and Part ll—General Qualifications To respond item 2.2, should we include sections D-Organizational Chart and E— Resumes of Key Personnel, to provide relevant project experience of each key staff personnel. Please clarify the proper distribution of the SF 330 Sections to provide our responses. A71: Proposers shall utilize the corresponding sections of SF3330 to document the information requested under RFQ Tab 2, #2.1 -Qualifications of Proposing Firm. Q72: Under"specialized areas: GROUP A ENGINEERING General Environmental Interior Design /Space Planning Civil" ....do you mean General Environmental and Interior...? And can we submit under Category A for just General Environmental? A72: The column titled "Group A—Architecture", has the following specialized areas: General, Interior Design/Space Planning, Landscape, Planning and Urban Design, Town Planning, Historical Preservation. The column titled "Group B — Engineering", as amended, has the following specialized areas: Environmental, Civil, Mechanical, Electrical, and Plumbing, Structural, and Land Surveying Services. Please also refer to the answer written for Question # 7 in this Addendum. 13 Q73: Is it the intent of the City that if a civil engineering task arises that requires geotechnical services, the prime firm use the services of the Geotechnical firm selected as part of this procurement? A73: Page 13 of the RFQ, Tab 3, "It is the objective of the City that the majority of the services defined herein be performed directly by the Proposer(rather than through sub-consultants). After award, 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. Q74: The RFQ identifies two groups (A& B)which are further broken down into 16 specialized categories (by type of service). Instructions require that respondent submit separately for each category. Our questions are as follows: a. Is the intent to award for each specialized category(minimum of 16 rewards)? b. Is the intent to award to multiple firms within a category? c. Given that each discipline must submit separately, unless providing the same specialized services, how can there be sub-consultant's under this format? A74: The City is not limited to awarding only one Proposer per specialized category. The City may award more than one Proposer per specialized category. The City will evaluate each Proposal in accordance with the evaluation criteria indicated in Page 14 of the RFQ, Section 0400. Furthermore, as indicated Page 13 of the RFQ, Tab 3, "It is the objective of the City that the majority of the services defined herein be performed directly by the Proposer(rather than through sub-consultants). To evaluate compliance with this objective, proposers shall explain how they plan to accomplish this, denoting which sections of the scope shall be performed directly by the Firm (with its own forces) and which sections are intended to be subcontracted" Q75: Group A & B defines the 16 specialty categories. Appendix `C', section C2, identifies the • types of services required. There is no correlation of services to specialties. This leaves it up to each consultant to determine which services are to be provided under the category they're submitting on. This interpretation could result in an incomplete submittal andlor gaps in services provided. Is it the intent to let the consultants determine which services should be address in the specialty they are submitting for? A75: Yes. The services identified in Appendix C, sub-section C2 lists general descriptions of services that the City may need throughout the term of the awarded contract. As indicated in Page 13, Tab 3, of the RFQ, each proposer shall submit information on how it plans to accomplish the proposed scope of services. 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 RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a propos- J*LI >!'�� ' Denis 1 ' Procurement Director 14 PRE-PROPOSAL MEEETING SIGN-IN SHEET OCTOBER 1 , 2014 15 trA MIAMIBFACH CITY OF NIIANII BEACH PRE- PROPOSAL MEETING SIGN-IN SHEET DATE: October 1, 2014 TITLE: RFQ 201 4-346-YG—PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" NAME COMPANY NAME PHONE# FAX# (PLEASE PRINT) E-MAIL ADDRESS Yusbel Gonzalez Procurement - CMB 305-673-7000 786-394-4073 vusbelizonzalez!?cmiaribeacll ext. 6230 RAUZ S. MAs11 M'A (L.055 -E- 13AP,JZg041 Sn6 Sto.o-?3o `*Y4Igs ■e4?ci.e vossbaw c6ril WOWANDC. M-1 -tG Gtr-Y�,t(VE�tiZ��G-� NG • 5-236-5 3051-WS t fr,02 e radtricAln .Corn . 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('y-cr'r RVV-2,0rck'�E. s•(i1.1 I MIAMIBEACH CITY OF MIAMI BEACH PRE- PROPOSAL MEETING SIGN-IN SHEET (PARTICIPANTS ON THE PHONE) DATE: October 1, 2014 TITLE: RFQ 2014-346-YG—PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" NAME COMPANY NAME PHONE# FAX# (PLEASE PRINT) E-MAIL ADDRESS Yusbel Gonzalez Procurement-CMB 305-673-7000 786-394-4073 vusbel,onzalezri miarnibeachfl.�,ov ext. 6230 Ken Boyer Douglass Wood Associates Jose Lopez Schwebke-Shiskin&Associates, Inc. (954)435-7010 Sandra Castillo Milian, Swain & Associates (305) 441-0123 Stephanie Thcard BCC Engineering (305) 670-2350 Kathia Dash R.J. Heisenbottle Architects, P.A. (305)446-7799 Ileana Gonzalez Robayna& Associates (305) 823-9316 Natalie Lockwood, Andrews& Newman (305)444-6454 Tom Decker Woltberg Alvarez& Partners 305)666-5474 Victor Herrera NV5 (954)495-2112 Douglass Man CB&1 561.361.3148 MIAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET (PARTICIPANTS ON THE PHONE) NAME COMPANY NAME (PLEASE PRI\T) PHONE# FAY# E-MAIL ADDRESS Marrie Bennetham Jennifer Creed GOE Associates Daniel Goodman DEA Architects Sherry Miller Legg (305) 599-6381 Cathy O'Leary O'Leary Richards Design Associates (305) 596-6628 Stephanie Marlin Engineering (305)477-7575 Antonio Garate ALVAREZ-DIAZ &VILLALON 786.497.1906 Jake Ozyman Haks Engineers, Architects and Land (212) 747-1997 Surveyors, P.C. Michael EAC Consulting (305) 263-5400 Shawn Stanley Consultants 786.762.4115 Mark ` URS Corporation (305) 262-7466 1` • • • • 1 PRE-PROPOSAL MEEETING SIGN-IN .SHEET OCTOBER11f3, 2014 • • • • :1 16 • • trA MIAMIBEACH CITY OF MIAMI B EAC H PRE- PROPOSAL MEETING (ADDITIONAL) SIGN-IN SHEET DATE: October 13, 2014 TITLE: RFQ 2014-346-YG-PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" NAME COMPANY NAME PHONE# FAX# (PLEASE PR NT) E-MAIL ADDRESS Yusbel Gonzalez Procurement-CMB 305-673-7000 786-394-4073 vusbel_onzalezamiamibeachtl.aov ext. 6230 ,f 124 C_Crici - csE" (-5,:= ) "c4-247 fq.:::1t_EZ�JUn,' vcw'sr�L EN:. I,Ntc-��t.�c? (c.,,.q �� n 1,,Nr e - -3C.5.2 4 - I i , 76 ;zit, e 7 t, ,LQ1 Ll, A' 'q {�A ( s) tmE---Sx; @ (/Rk . NET- &73- 9f/ Czc,$) 9 10—czvC gy ; Si 00-17‘t-a-Li K_Lot torNkEct-LL....toe kit ovir,k.t k(bJ SO)6‘c., &Q'L--((cf.4.1. 16)9 IF�St, SJALEQ- �.OSW6f C Cron. ;L. POW '�5.311�1aI� �-3a�-►,�� LENg mu!I C6 .opt .G0(4\ ' .L -rte 305 L{LO-2 4c6 \jt ocA-. tIa,Nkec-•cowl L- . to o a( 5te 6 y/q"-1 j a v Z--6 4-- el? MIAMIBEACH CITY OF MIAMI BEACH PRE- PROPOSAL MEETING (ADDITIONAL) SIGN-IN SHEET DATE: October 13. 2014 TITLE: RFQ 2014-346-YG—PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" NAME COMPANY NAME PHONE# FAX# (PLEASE PRINT) E-MAIL ADDRESS Yusbel Gonzalez Procurement- OMB 305-673-7000 786-394-4073 vusbeNonzalezr mlamlbeachtl.cov ext. 6230 cm/3 - cAvAiva�t. 3orioen- l3/ZA c; fl/owi9 W G(VI 12) — C f(� 305- .-73 cc ccro ) Val/v-554- ILL e rryt j 30 7erni 'de7- Iln�SScr Lei Z o e-e .cow 2�b �� G+ . o(C ,c)V■rGn otoi Bare lGna. C buyai CMg'rivifrovt r - 3e 5 G7 3 51i2a e+k WAta.11)Vl ewveahm wiEavgi bra o t o � M1AMIBEACH CITY OF MIAMI BEACH PRE- PROPOSAL MEETING (ADDITIONAL) SIGN-IN SHEET (PARTICIPANTS ON THE PHONE) DATE: October 13, 2014 TITLE: RFQ 2014-346-YG—PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN"AS-NEEDED-BASIS" NAME COMPANY NAME PHONE# FAX# (PLEASE PRINT) E-MAIL ADDRESS Yusbel Gonzalez Procurement-CMB 305-673-7000 786-394-4073 vusbelilonzalezamiamibeachtl.Qov ext. 6230 Lance Olsen Innovtec 352-459-1974 lance(innovtec.com James Kahn Keith and Schnars, PA 954-776-1 616 jkahn aksfla.com Sharman Ciddi EAC Consulting 305-264-2557 Torn Brzezinski WadeTrim 813-882-4373 tbrzezinkski Rwadetrim.com Jenny Alonso T.Y. Lin International 305-567-1888 Ext. 4034 Jennv.alonsoatvlin.com Staci L. Bolinger Dunkelberger Engineering&Testing 561-494-7006 slbol in2er,ctten•acon.com William Craven Pure Technologies 407-408-7631 William.craven i.puretechltd.com Jennifer Priem GLE Associates 813-241-8350 jpriem(gleassociates.com Judith A. Kemp Brindley Pieters & Associates 407-830-8700 ikempf bpa-enaineers.com Helmut J. Mueller Mueller& Associates, LLC 305-600-9070 muellerandassociates@gmail.com trA MIAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING (ADDITIONAL.) SIGN-IN SHEET (PARTICIPANTS ON THE PHONE) NAME COMPANY NAME (PLEASE PRIVT) PHONE# FAX# E-MAIL ADDRESS Ilker Uzun CPH Corp 305-274-4305 iuzun cccphcopr.com Brenda Kimley-Horn 407-898-1511 Iraldy Martin L[VS Associates 305-443-2933 imartin @livs.net Nadia E-Sciences (786) 517-2632 Rothie Franko OCI Associates (561) 688-6575 Steve Pines Bermello Ajamil & Partners (305) 859-2050 Dina CSA Group (305)461-5484 Eric Propes EDSA 954.524.3330 Jose Lopez Schwebke-Shiskin& Associates, Inc. (954)435-7010 T MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 6 REQUEST FOR QUALIFICATIONS NO. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" (the"RFQ") NOVEMBER 12,2014 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, NOVEMBER 25, 2014, 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 RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, • Alex Denis Procurement Director Page 1 of 1 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,v".Av.miarribeacnll.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673.7490 Fcx: 786-394-4002 ADDENDUM NO. 5 REQUEST FOR QUALIFICATIONS NO. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS"(the"RFQ") OCTOBER 31, 2014 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, NOVEMBER 18, 2014, 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: I Email: Yusbel Gonzalez 305-673-7000, ext. 6230 I 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 RFP are requested to complete and return the '`Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. .0. .e.119.11 °rocurement Director Page 1 of 1 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO.4 REQUEST FOR QUALIFICATIONS NO. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" (the"RFQ") OCTOBER 17, 2014 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. DEADLINE FOR RECEIPT OF QUESTIONS. The deadline for receipt of questions for this RFQ was October 14, 2014 at 5:00 PM. No more further questions will be allowed. 2. RFQ DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 n.m., on Monday, November 3, 2014, at the following location. Miami Beach City Hall Procurement Department 1700 Convention Center Drive, 3`d 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 RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, Alex Denis Procurement Director Page 1 of 1 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS NO. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" (the"RFQ") OCTOBER 7,2014 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 SOLICITATION DOCUMENT. It has been brought to our attention that some proposers are receiving an error message when attempting to download the RFQ solicitation document. Via this Addendum, the RFQ solicitation document has been re-loaded to the solicitation page in www.publicpurchase.com. No changes have been made to the RFQ solicitation document since it was initially published on September 18, 2014. 2. ADDITIONAL PRE-PROPOSAL CONFERENCE. Due to an inadvertent error with the time indicated for the pre-proposal conference held on October 1, 2014, an additional pre-proposal conference has been scheduled for the date, time, and location indicated below. Proposers that attended the pre- proposal conference held on October 1, 2014 are not required to attend this second pre-proposal conference. Date: October 13, 2014 at 2:00 PM Location: City of Miami Beach City Hall -4th Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 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: 1142644 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. 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 RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. Sincerely, Alex Denis Procurement Director Page 1 of 1 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490 Fax: 786-394-4002 ADDENDUM NO. 2 REQUEST FOR QUALIFICATIONS NO. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" (the "RFQ") SEPTEMBER 30, 2014 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. CLARIFICATION# 1: • The RFQ solicitation file published on September 18, 2014 was corrupt. As such, many proposers were unable to download the RFQ document. On September 19, 2014, at approximately 8:25 AM, an updated RFQ was uploaded to the solicitation page in Public Purchase, which created "Addendum No. 1" in Public Purchase. CLARIFICATION#2: Although indicated in the RFQ solicitation document, the pre-proposal conference date, time, and location was inadvertently left out from the solicitation page in Public Purchase. This information has now been added. As a reminder to all proposers, the pre-proposal conference will take place on October 1, 2014 at 10:00 AM at the following location: 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: 1142644 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. 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 RFP are requested to complete RFP No. 10-08/09 Building Development Process Fee Study Addendum#1 10/1/2014 Page 1 of 1 2 1 Miami Beacn RFQ 2014-346-SR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN`AS-NEEDED-BASIS' and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposa Sincere ,,� // gents Procurement Director REQUEST FOR QUALIFICATIONS ( RFQ PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" RFQ 2014-346-YG RFQ ISSUANCE DATE: SEPTEMBER 19, 2014 STATEMENTS OF QUALIFICATIONS DUE: OCTOBER 23, 2014 @ 3:00 PM ISSUED BY: YUSBEL GONZALEZ, CPPB MIAMI BEACH Alex Denis, Director DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.74901 adenis @miamibeachfl.gov www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT 11 0400 EVALUATION PROCESS 13 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 29 APPENDIX E INSURANCE REQUIREMENTS 31 APPENDIX F SAMPLE CONTRACT 33 RFQ 2014-346-YG 2 MIAMI BEACH 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 accepting qualifications for Architectural and Engineering Services in various professional categories on an "as-needed basis. Each proposed contract shall be for a three(3)year contract term, with two(2)one year renewal options at the City's option. It is the intent of the Administration to use the RFQ process to select firms who are qualified to provide services in each of the categories of professional specialization. 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. In accordance with Section 287.055, Florida Statutes, known as the"Consultants' Competitive Negotiation Act", the • City may enter into a "continuing contract" for professional architectural and engineering services for projects in which construction costs do not exceed$2 Million or for study activities for which the fee does not exceed$200,000. The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations, which will take place after the selection of the firms deemed to be the most qualified to perform the required services. If the City is not able to negotiate a mutually satisfactory compensation schedule with the top-ranked firms which is determined to be fair, competitive and reasonable, additional firms in the order of their competence and qualifications may be selected,and negotiations may continue until an agreement is reached. The RFQ seeks proposals from firms with strong qualifications in the following specialized areas: GROUP A—ARCHITECTURE GROUP B—ENGINEERING General Environmental Interior Design/Space Planning Civil Landscape Geotechnical Planning and Urban Design Mechanical, Electrical,and Plumbing Town Planning Structural Historical Preservation Land Surveying Services RFQ 2014-346-YG 3 MIAAA BEACH The price and terms for the contracts will be negotiated after City Commission approves authorization to negotiate. Under these Agreements, study activities are quoted as a lump sum based on the estimated hours to complete the project. Detailed hourly rates will be negotiated for all personnel classifications for the firms. It is the intent of this RFQ to evaluate and recommend award for each specialized category based on specific category qualifications. Firm's proposal shall clearly indicate if qualifications are being sought under Group A — Architecture and/or Group B— Engineering. Furthermore, firms are required to submit separate proposals for each specialized category under the respective group for which they seek qualifications. Example: a firm which provides landscape architecture and interior design/space planning, shall respond under Group A — Architecture and shall submit two (2) proposals under said group; a proposal seeking qualifications under landscape architecture and a proposal seeking qualifications under interior design/space planning. This RFQ is issued pursuant to Chapter 287.055, Florida Statutes,Consultants Competitive Negotiations Act (CCNA). 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: Solicitation Issued September 19,2014 Pre-Submittal Meeting October 1,2014 @ 10:00 AM Deadline for Receipt of Questions October 14, 2014 @ 5:00 PM Responses Due October 23, 2014 @ 3:00 PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado @miamibeachfl.gov ; or 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 Statement of Qualifications are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposer in the form of an addendum. Procurement Contact: Telephone: Email: Yusbel Gonzalez,CPPB 305.673.7000 Ext.6230 yusbelgonzalez @miamibeachfl.gov RFQ •14-346- R 4 MIAMI BEACH 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 Solicitation Timeline 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: 1142644 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 Proposers are not binding on the City and will be without legal effect, including any information received at pre-submittal meeting or site visit(s). 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&stateID=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. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions,which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES.. CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES... CITY CODE SECTION 2-488 =014 2 b-Sk 5 4 V\ AM I BEACH • 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 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS CITY CODE SECTION 2-372 • 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. MIAMI BEACH-BASED VENDORS PREFERENCE.Pursuant to City of Miami Beach Ordinance No.2011-3747 tY 2011-3747, a five(5)point preference will be given to a responsive and responsible Miami Beach-based proposer. 12. 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. 13. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of • Statement of Qualifications, 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 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. 14.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 MIAMI BEACH twenty(120)calendar days from the date of Statement of Qualifications opening. 15. 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 16. COSTS INCURRED BY RESPONDENTS. All expenses involved with the preparation and submission of Statement of Qualifications,or any work performed in connection therewith, shall be the sole responsibility(and shall be at the sole cost and expense)of the Proposer,and shall not be reimbursed by the City. 17. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposals hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer , nor the Proposer 's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 18.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 19. 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. 20. 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. 21. 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. 22. 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, 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 RFQ 2014-346-SR 7 NU'\IA\Ai BEACH 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. 23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 24. 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. 25. 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 proposer s 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 supply to the City. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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 RFQ 014-346- R 8 AAIAMi BEACH 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. 31. 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 attorneys 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. 32. 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. 33. 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 must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 34. MODIFICATIONIWITHDRAWALS OF QUALIFICATIONS. A Proposer may submit a modified Statement of Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. RFQ 2014-346-SR 9 MIAMI BEACH 35. 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). 36.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. RFQ 2614-346-SR 10 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, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically,either through email or facsimile, are not acceptable and will be rejected. 2. LATE PROPOSALS.Statements of Qualifications are to be received on or before the due date established herein for the receipt of proposals. Any proposal 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. Proposals shall clearly indicate if qualifications are being sought under Group A — Architecture andlor Group B— Engineering. Furthermore, firms are required to submit separate proposals for each specialized category under the respective group for which they seek qualifications. Example: a firm which provides landscape architecture and interior design/space planning, shall respond under Group A — Architecture and shall submit two (2) proposals under said group; a proposal seeking qualifications under landscape architecture and a proposal seeking qualifications under interior design/space planning. TAB 1 Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer, Proposer Primary Contact, Qualification Group (A and/or B), area of specialization, a summary of the Proposer's qualifications, experience, and services to be provided. 1.2 Response Certification, Questionnaire & 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. a) For each architect and engineer, provide copies of all applicable licenses and certifications. Architects and engineers must be licensed by the Florida Department of Business and Professional Regulation. b) For Landscape Architects,provide copies of the following certifications: a. International Society of Arboriculture Certification, Landscape Inspectors Association of Florida Certification, FNGLA Certification c) For Planning, Urban,and Historical Preservation Architects,provide copies of the following certifications or memberships: a. LEED,ULI,AICP,APA. RFQ 2014-346-YG 11 MIAMI BEACH d) Environmental Engineering firms providing General Environmental Services, Environmental and Coastal Permitting,and Contamination Assessment,provide copies of the following: a. Staffs accredited college diploma or Bachelor's degree in Environmental Sciences or related field. TAB 2 Experience&Qualifications PROPOSERS MAY SUBMIT THE BELOW REQUESTED INFORMATION UTILIZING THE ENCLOSED STANDARD FORM 330—ARCHITECT-ENGINEER QUALIFICATIONS(ATTACHED). 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services as identified in this solicitation, including experience in providing scope of services to public sector agencies. Proposer must submit five (5) relevant projects, performed in the last five (5) years as evidence of experience; the following is required: project description, agency name, agency contact,contact telephone&email,and year(s)and term of engagement. 2.2 Qualifications of Proposer Team (Architects and Engineers). Provide an organizational chart of all personnel and consultants to be used for this project if awarded,the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each respondent team member to be assigned to this contract. For each architect and engineer, include information for five (5) relevant projects, performed in the last five(5) years for public sector clients. Relevant projects shall include those projects similar in scope to those services listed in this RFQ. 2.3 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 Proposals 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. RFC) 2014-346-SR 12 Is MlAMlBEACH TAB 3 Approach and Methodology For the scope of services outlined in Tab 3, Scope of Services, submit detailed information on the approach and methodology, how Proposer plans to accomplish the proposed scope of services, including detailed information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options, testing and risk mitigation options for assuring project is implemented on time and within budget. It is the objective of the City that the majority of the services defined herein be performed directly by the Proposer (rather than through sub-consultants). To evaluate compliance with this objective, proposers shall explain how they plan to accomplish this, denoting which sections of the scope shall be performed directly by the Firm (with its own forces) and which sections are intended to be subcontracted. Also, provide information on Proposer's current workload and how the potential project(s) will fit into Proposer's workload. Describe available facilities, technological capabilities and other available resources you offer for the potential project(s). Lastly, submit verifiable evidence of Proposer's intent to utilize Disadvantaged Business Enterprise (DBE) Firms. Accepte d DB E certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RRFC 2 l 4-346 SR 13 MIAMI BEACH 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. Proposals will be categorized into the discipline areas noted in section 0200.2(Groups A & B) prior to evaluation by the committee in order that proposals may be evaluated by category against other proposers in that category. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may: • review and score all Statement of Qualifications received, with or without conducting interview sessions;or • review all Statement of Qualifications received and short-list one or more Proposer to be further considered during subsequent interview session(s)(using the same criteria). Step 1 -Qualitative Criteria Maximum Points Proposing Firm — Experience and Qualifications, including Financial 40 • Capability Proposing Team (Architects and Engineers) — Experience and 40 Qualifications Approach and Methodology, including Self-Performance of Work and 15 utilization of Disadvantased Business Enterprise DBE firms. TOTAL AVAILABLE STEP 1 POINTS 95 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Department of Procurement to those points earned in Step 1, as follows. Step 2-Quantitative Criteria • Veterans Preference 5 The volume of work previously awarded to each firm by the City 5 within the last three 3)years.See Section 4 below. TOTAL AVAILABLE STEP 2 POINTS 10 4. Volume of Work Points: Points awarded to the proposer for volume of work awarded by the City in the last three(3)years in accordance with the following table: Less than$250,000 5 $250,000.01 —$2,000,000 3 Greater than$2,000,000 0 RFQ 2014-346-YG 14 AA IAAA1BEACH 5. 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 a C Step 1 Points 82 76 80 • Step 2 =- Points 22 15 12 Committee Total 104 91 92 Member 1 Rank. : .°;: .' 1 • - 3 - 2 Step 1 Points 79. 85 72 Step 2 Points 22 15 12 committee`. Total 101 100 84 Member 2 Rank: =:. . 1 2 3 - - Step 1 Points 80 74 66 Step 2 Points 22 15 12 Committee Total 102 89 78 Member 2 •.Rank :: - 1 2 3 Low Aggregate Score 3 7 8 Final Ranking'` 1 2 3 *Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission,which may be different than final ranking results. RFQ 2014-346-SR 15 APPENDIX A M Response Certification , Questionnaire & Requirements Affidavit RFQ No. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS " . DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 ■ Solicitation No: Solicitation Title: RFQ 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN"AS-NEEDED-BASIS" Procurement Contact Tel: Email: Yusbel Gonzalez 305.673.7000, Ext.6230 yusbelgonzalez hfl a(�miamibeac .aov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to:any firm or principal information,applicable licensure,resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 2014-346-YG Appendix A— Page 1 1. Veteran Owned Business.Is ro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposals must disclose,in their Statement of Qualifications,the name(s)of any officer,director,agent,or immediate family member(spouse,parent,sibling, and child)who is also an employee of the City of Miami Beach. Further, all Proposals must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposals must disclose the name(s)of any officer,director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposals must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. 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 II NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 4. 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. 5. 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/. 6. - ■ .-• - - ,.: _ •• „ - . - - - • RFQ 2014-346-YG Appendix A— Page 2 _ __ , a _ a_ _ . ; a : .. _ • , ••• 7. 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 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/. 8. 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. 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. RFQ 2014-346-YG Appendix A— Page 3 • • 9. 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 addendum 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 2014-346-YG Appendix A- Page 4: DISCLOSURE AN6 DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications,may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Proposals should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice.Information is for guidance only:and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as,if and when a Statement of Qualifications,as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by.the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law.All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto, or any action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2014-34&YG Appendix A — Page 5 i 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 2014-346-YG Appendix A— Page 6 APPENDIX B iV\ I ,AtVi 1 b tAC H di a Bid " RFQ No.. 201 4-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 Note.: It is important for those vendors who have received notification of this solicitation but hove decided not to respond, to complete and submit the attached "Statement of No Bid." The **Statement of No Bide provides the City with information on how to improve the solicitation process. Failure to submit a **Statement of No Bid" may result in not being notified -.91ftiture solicitation the City. 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 PROCUREMENT DEPARTMENT ATTN: Yusbel Gonzalez STATEMENTS OF QUALIFICATIONS#2014-346-YG 1700 Convention Center Drive MIAMI BEACH, FL 33139 -r::'• RFM- .'::rP r.a may-,F..::. J' j?i'.Y-'.i,s✓.":! ','pi;•.'-s _ '-I _ r (5).i . ..•,-i ..r. . k _.. ..s' NW.._ .... ...V...a . . ♦ _ ....r ..♦ Q 2014-346-YG Appendix B— Page 1 • • APPENDIX C MIAMI BEACH .. . . .. . .• • ... . ...•... „ .,. ...... . .. . . . , .. . . .. ..;:•. . ...,. .. _ . . _ .. • . • • . . . ..•,... ,. ..., , . . .., . . . ....,.„ . .. .. . . , , . , • __ .... ._ , _..... . . ...• .. . .. . . • . _• • ,..•., . . • ......., ...,..__.. .. . ..,..... • ... .._%._......... ...... .,.. _ . . . . . ... .. .. . • .,. • ..... , . _.••.... .. • . • . . . . . . . . .• . ._ . . . . . . •. . , _..• ., Minimum Requirements,, • _ _. . . . . • • • .. . .. . .... . & Specifications „ . . .. .. . .. . .. .. . . :.. .•....... . . .. .. . . ... .. .. ... . . .... . .• .. . _ ..:.• . ,. . , ...,. . ... _. . •. . .. . . . • _•. •• ... RFQ No. '2014-346-YG .• ...i.- , ,: -,-..-:.... -...-._ :.--, ..... --;.,...._ ... . .,. : .. : ... :_::..-- . _...._;; -..:',--..•-•_-.,.- . ..-_,,.:-_-.... ....-- :-- PROFESSIONAL ARCHITECTURAL AND _ . .-.. .._ . ENGINEERWG SERVICES W . • ,,:,.... • .. . . .. , . . SPECIALIZED CATEGORIES ON AN•..... ,..... .. ..,... • ., . .. . . . "AS-NEEDED-BASIS” .. . . ... . . •• .• ... . . . . . .._ , ,.. .. .. „. ..,•..., ..... . . ., . ......, . .,, ,. ,_ . ,,.. _..... __. . .. , . .. . .. . ....„. .,•_. . . • . . _ .. . . ..__..... .._ . . ......, ,. • . . . ...., ,... . ... ._ . . ,,- . . . . •......_ ,.... . ..., . _ ., .. ..••. • • •• ..„..._ . .. . . • . •___.• . .. _ .. .,...•,. . . ... . _ • .. •. • ,, .•• . . . .. . DEPARTMENT OF PROCUREMENT IIOOConvention•Center Dnve M Beach-. Florida 33139 • Cl.MINIMUM REQUIREMENTS: The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall clearly indicate if qualifications are being sought under Group A—Architecture and/or Group B— Engineering. 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. • Proposer must have a minimum of five (5) years' experience and successfully completed at least five(5)projects for public sector agencies. • Architects and Engineers must have a minimum of five (5) years' experience and successfully completed at least five (5) projects in their designated professional specialization for public sector agencies. • Architects and engineers must be licensed by the Florida Department of Business and Professional Regulation. o Landscape Architects must be certified by International Society of Arboriculture Certification, Landscape Inspectors Association of Florida Certification, FNGLA Certification. o Planning, Urban,and Historical Preservation Architects certified or members of LEED, ULI,AICP,APA is preferred. o Environmental Engineering firms providing General Environmental Services, Environmental and Coastal Permitting, and Contamination Assessment, must have staffs with accredited college diploma or Bachelor's degree in Environmental Sciences or related field. This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations Act(CCNA). C2.SCOPE OF WORK REQUIRED. It is the intent of the City of Miami Beach to select several firms which will be contacted on an "as- needed basis" during the term of the contract. This contract will include, but not be limited to the following architectural or engineering services: Description • Acoustics, Noise Abatement • Air Pollution Control • Auditoriums and Theaters • Automation; Controls; Instrumentation • Boundary Survey • Bridges • Codes;Standards; Ordinances • Coastal Engineering (Seawall Design and Repair) • Coastal Surveys • Communications Systems;TV; Microwave RFQ 2014-346-YG Appendix C • Construction Management • Cost Estimating • Dune Planting and Management • Energy Conservation; New Energy Sources • General Environmental Services: o Environmental Assessments o Air and Water quality testing and monitoring o Environmental sustainability planning services o Environmental support services to achieve and maintain regulatory compliance • Environmental and Coastal Permitting: o Prepare and submit applications for and lead agency coordination in obtaining environmental and coastal permits; and, o Prepare supporting documentation required for environmental and coastal permits including but not limited to biological reports, flora and fauna surveys, and other environmental assessments. o Work with Federal, State, County, and other local environmental permitting agencies, including but not limited to the U.S. Army Corps of Engineers, the South Florida Water Management District, the Florida Department of Environmental Protection, and Miami-Dade County's Division of Environmental Resources Management. • Contamination Assessment: o Environmental Site Assessments o Oversee and coordinate remediation project o Preparation of sampling and remediation plans and other related documents o Other associated tasks related to regulatory compliance o Work on contamination projects in South Florida • Fire Protection • Garages;Vehicle Maintenance Facilities; Parking Decks • Heating;Ventilating; Air Conditioning • Highways; Streets;Airfield Paving; Parking Lots • Interior Design; Space Planning • Irrigation; Drainage • Lab Testing Services • Landscape Architecture • Lighting(Interior, Display,Theater, etc.) • Lighting(Exterior, Streets, Memorials,Athletic Fields, etc.) • Planning (Community, Regional,Area-wide and State) • Plumbing and Piping Design • Recreation Facilities(Parks, Marinas,etc.) • Rehabilitation(Buildings, Structures, Facilities,etc.) • Right-of-Way Survey • Safety Engineering;Accident Studies; OSHA Studies • Security Systems; Intruder&Smoke Detection • Sewage Collection, Treatment and Disposal • Soils&Geologic Studies; Foundations • Storage Tank Repair and Monitoring • Structural Design; Special Structures RFQ 2014-346-YG Appendix C • Surveying, Mapping, GIS, and other services: o High Definition Services(HDS) o Light Detection and Ranging (LIDAR) o Global Navigation Satellite Systems(GNSS) o Ground Penetration Radar(GPR) o Subsurface Utility Engineering(SUE)and Underground Utility Services o These specialized services may be utilized for surveys to include but not limited to Specific or Special Purpose, Topographic (surveys for engineering design), As- Built/Record, Boundary, Condominium, Construction Layout, Control, Hydrographic, Mean High Water, Quantity, Submerged/Filled Lands as well as GIS feature creation • Control and Data Services: o Establishing vertical and horizontal control o Researching and utilizing record documents for right-of-ways etc. Locations of all improvements, features as required in the City of Miami Beach Public Works Department Manual and/or as designated for a specific project. All field data is to be collected in digital form Point Clouds (Text XYZ Coordinate files, etc.)with horizontal and vertical control points identified and recorded in field books. The digital data shall be post processed and delivered to the City as specified herein. Survey control for Vertical Control shall be referenced to the North American Vertical Datum of 1988 (NAVD1988) and the Horizontal Control shall be referenced to Florida State Plane Coordinates, East Zone, North American Datum of 1983/1990 (NAD83/90) supplemented with digital data files including but not limited to processed HDS and LiDAR Point Clouds with Photographics, ESRI File Geodatabases, ESRI Shapefiles (.SHP), and .DWG format drawings of the Surveys, Maps, GIS Data Sets etc. • Platting; Mapping; Flood Plain Studies • Swimming Pools • Storm Water Handling&Facilities • Testing&Inspection Services • Topo Survey • Urban Renewals; Community Development • Value Analysis; Life-Cycling Costing • Water Supply,Treatment and Distribution • Zoning;Land Use Studies • Any other professional service pursuant to Section 287.055, Florida Statutes, commonly known as the Consultants'Competitive Negotiation Act(CCNA). The selected architectural and/or engineering firms will be responsible for reviewing all existing City of Miami Beach Zoning Ordinances and Building Codes. The teams will be responsible for incorporating all the above data into complete construction documents, including final working drawings, specifications, and bid documents necessary for the bidding and construction of the project, and in some instances, for construction management. The construction documents and drawings must comply with the City of Miami Beach DSM and Florida Status(particularly surveys). The selected firms will be responsible for obtaining all State, Federal and local permits and approvals necessary for the construction of all projects, and may be required to provide consulting services to the City on various matters which do not result in drawings or specifications. RFQ 2014-346-YG Appendix C APPENDIX D M Special Conditions RFQ No. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS " DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 RF(� 201434SVG Appendix C 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. RFQ 2014-346-YG Appendix D - Page 1 . . APPENDIX E . . . MIAMI LEACH _ . . Insurance Requirements • RFQ No. 201 4-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN • - SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" - . • DEPARTMENT OF PROCUREMENT 1700 Convention Center DAve Miami Beach. Florida 33139 • 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. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. 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 $500,000 combined single limit per occurrence for bodily injury and property damage. XXX 4. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10%of the limit of liability. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating"A"as to management and"Class V"as to financial strength 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. A waiver of subrogation in favor of the City must be included for the policies required above. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 RFQ 2014-346-YG Appendix E — Page 1 APPENDIX F MIAMI BEACH Sample Contract RFQ No. 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive Miami Beach, Florida 33139 • AGREEMENT BETWEEN CITY OF MIAMI BEACH • AND XXXXXXXXXX FOR • PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE • • XXXX)OO XX • Resolution No • • TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 2 ARTICLE 2. BASIC SERVICES 7 ARTICLE 3. THE CITY'S RESPONSIBILITIES 13 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 16 ARTICLE 5. ADDITIONAL SERVICES 17 ARTICLE 6. REIMBURSABLE EXPENSES 18 ARTICLE 7. COMPENSATION FOR SERVICES 19 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20 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 26 ARTICLE 15. NOTICE 26 ARTICLE 16. MISCELLANEOUS PROVISIONS 27 SCHEDULES: SCHEDULE A SCOPE OF SERVICES 33 SCHEDULE B CONSULTANT COMPENSATION 34 SCHEDULE C HOURLY BILLING RATE 35 SCHEDULE D CONSTRUCTION COST BUDGET 36 SCHEDULE E PROJECT SCHEDULE 37 SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 38 SCHEDULE G INSURANCE AND SWORN AFFIDAVITS 39 SCHEDULE H BEST VALUE AMENDMENT 40 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND XXX X FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING(A/E) SERVICES FOR THE =WOW= This Agreement made and entered into this day of , 20XX, 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 XXX XX, a Florida XXX)UCXX)C{XX having its principal office at XXX)UCX XXXXXXX(hereinafter referred to as Consultant). • WITNESS ETH: 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 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 XXXXXXXXXXXXX No. XXXXXXXXXXX, entitled "XXXXXX XXX)UUUUU<XXXXXXX" issued by the City in contemplation of this Agreement, 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's. Any such contracts shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and sub-consultants. Any approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Basic Services. The quality of services and acceptability to the City of the services performed by such sub-consultants shall be the sole responsibility of Consultant. The following sub-consultants are hereby approved by the City Manager for the Project: X • ; XXXX)UCXXXX . 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). 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 "A"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 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. 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. 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, Construction Documents, 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: "Contract for Construction" shall mean the legally binding agreement between City and with Contractor for performance of the Work covered in the Contract Documents. 1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans, technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant to this Agreement, which show the locations, characters, dimensions and details of the Work to be done, and which are part of 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 twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars ($25,000.00) 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 twenty-five thousand ($25,000.00), 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. 1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. 1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A— Scope of Services. Schedule B- Consultant Compensation. Schedule C— Consultant Hourly Billing Rate Schedule. Schedule D— Construction Cost Budget. Schedule E— Project Schedule. Schedule F— General Conditions of the Contract for Construction Schedule G— Insurance Requirements and Sworn Affidavits Schedule H— Best Value Amendment ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract Documents and as set forth in Schedule "A" hereto. 2.2 The Services will be commenced upon issuance of the first Notice to Proceed which shall be issued by the Project Coordinator and counter-signed by Consultant. Subsequent Notices to Proceed shall also be issued by the Project Coordinator. A separate Notice to Proceed shall be required prior to commencement of each Task (as same are set forth in Schedule "A" hereto). 2.3 As it relates to the Services and the Project, Consultant warrants and represents to City that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the 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 Design Documents contemplated in Schedule"A" hereto). 2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning, design, bidding/award, construction administration, and Additional Services [as may be approved]), 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 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 Services: 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 Services"). 2.5.5 Additional Services: If required (and so approved) by the City, Consultant shall provide Additional Services, as set forth in Task 5 of 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 with 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 documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted)shall be in writing. 2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights 9 P Y 9 g 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 Consultant 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 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. 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 the Project. If, during the course of performing of the Services, Consultant determines that work should be performed to complete the Project 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 pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents and/or records. In addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 The City's participation in the design and construction of the Project shall in no way be deemed to relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under Applicable Laws. 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. 2.19 SUB-CONSULTANTS: All services provided by sub-consultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the sub- consultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the sub-consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. The Consultant shall cause the names of sub-consultants responsible for significant portions of the Services to be inserted on the plans and specifications. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project during the design and construction of same (except unless otherwise expressly provided in this Agreement or the Contract Documents). 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 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, 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 twenty five thousand dollars ($25,000.00) (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. 3.8.4 [Intentionally Omitted] 3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (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 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 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, 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. 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). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Not to Exceed"fee for provision of the Services shall be XXXXXXXX, with a Reimbursable Expenses allowance of XXXXXXXX. 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. 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 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. g) g) 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9) g) 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. g) g) 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. g) 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 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) 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 one million dollars ($1,000,000.00), per occurrence, with a maximum deductible of$150,000 per occurrence, $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 one million dollars ($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which shall include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits required under Florida law. 11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.3 The insurance must be furnished by an insurance company rated B+:VI or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. 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 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: With a copy to: Capital Improvement Projects Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: XXXXXXXXXXXXXX All written notices given to the Consultant from the City shall be addressed to: �X)�UCXXXXXX XXXXX)UUUUCXXXXX XXXXXXXXXXXXXXX Attn: XXXXXXXX)U<X All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or 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 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 Protect 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. 16.5.2.2 The Consultant and its sub-consultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 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 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. g) 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. g) 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, materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said Services. 16.12 INTENT OF AGREEMENT: g) 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. g) 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. • F.latto\AGUR1AGREEMEN7 FORMS\A&E AGREEMENTSIA&E Agreement-NEW BOILER PLATE(Clean Version 8-2-10).doc . _ ., .IN WITNESS WHEREOF, the;parties hereto have hereunto caused these presents to be r_ • - ':'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 s MAYOR. - CONSULTANT 'XXCX- Attest Signature/Secretary Signature/President`.. - Print Name - Print Name' r= u a - f • • a ` to '� t a1 • �. tip r "_ . l �t { _• — � _ r t t� ? / yam. { t' '1,-.:',..• S11 _ !x'12 - y _ r 1. s+ - r • Tf . _ l x � • 'A .,SCHEDULE A• :SCOPE OF SERVICES •- 'f t ' J • 19 ., �, • ,••••-•,',--..';',';',::',..,'./...,•,,•,• - .. - s - , - ,- • ` _ - •''... ::::',,'"'`..•.1;. _' r, • SCHEDULE B CONSULTANT COMPENSATION Schedule of Payments Planning Services* , $ 0.00 Design Services* $XXXX)UCXX Bidding and Award Services $XXXXXXXX Construction Administration** $X)UUOOCXX Reimbursable Allowance*** $ Historic Preservation Board /Design Review Board(if required) $ 0.00 Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. Note**: Construction Administration will be paid on a monthly basis upon commencement of construction. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval, and what shall be at the City's sole discretion, the Consultant agrees to extend said services for $XXXXXX, per month, for the duration required to complete the Project. Note***: The Reimbursable Allowance belongs to the City and must be approved in writing, in advance, by the Project Coordinator. Unused portions will not be paid to the Consultant. • • SCHEDULE C` . _•• • HOURLY-BILLING.-RATE SCHEDULE • • ■ • • • • • � • • ■ • • • . t. • y h SCHEDULED - COSTRUCTION COST:BUDGET• . H; N: It u r .:. ` :t • Cr _ e 4. -- • •' SCHEDULE E . _PROJECT SCHEDULE . q 1� � � '^ 1 ^ { _ , , S � •'J \�' 7 _ r 1 it \ .. _,� r Y . - F { ! 2 ,� .T - - .L.. . SCHED ULE: F t_ -..-...,c.:,:i,t,...-,:--:',.,:::' ' , :, ,.',. ..:-..:-::„.-....,.......,,,...; ,.: ,_ "::: ,....:,:,;;:,:=:,_:-.,:i.,...,. - ' -. :•• GENERAL.COND.ITIONS OF THE CONSTRUCTION CONTRACT= t d • r.. ,1 3 i. uv i Ycy- s. tl s1 i • • - SCHEDULE G • ` • • 'INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS. • • • r • ■ • V. . r • — s ... , • 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. • • • • • • • • • ATTACHMENT C CONSULTANT'S RESPONSE TO THE RFQ 35 Thornton Tomasetti Building Solutions Qualifications For Professional Architectural and Engineering Services in Specialized Categories on an "As-Needed-Basis": Group B—Structural RFQ 2014-346-YG Prepared For Alex Denis Director Department of Procurement City of Miami Beach, Florida • 1700 Convention Center Drive Miami Beach, FL 33139 Prepared By Matthew James Olender, P.E. Vice President Thornton Tomasetti Inc. 101 NE Third Avenue, Suite 1170 Fort Lauderdale, FL 33301 P: 954.903.9300 F: 954.903.9301 www.ThorntonTomasetti.com BMalmsten @ThorntonTomasetti.com December 2, 2014 • . • • i • =Tab 1 . .. Cover Letter & Minimum. :" ..'-. _-.: . - Qualifications Requirements) . . • ■ - ' . ' '.., - 2. Tab 1 Cover;Letter & Minimum Qualifications Requirements• . . 5 1.1-_Cover Letter and Table of Contents • • • • • • • • • •'i . _ . ■: . • • • „ Tomasetti October 31, 2014 Alex Denis Director DEPARTMENT OF PROCUREMENT City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, FL 33139 RE: PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS” RFQ 2014-346-YG Dear Mr. Denis: Thornton Tomasetti, Inc. is pleased to submit its qualifications for Group B- Engineering/ Structural services in response to the above-referenced RFQ. As our qualifications demonstrate, Thornton Tomasetti's team is certified to provide structural engineering services in the state of Florida and brings a depth of expertise acquired through decades of experience and a worldwide network of knowledge. We welcome the opportunity to work with the City of Miami Beach, channeling expertise from our Fort Lauderdale office. Please do not hesitate to contact me at 954.903.9300 if you have any questions. Very truly yours, THORNTON TOMASETTI, INC. /7145/‘/---- As47 Matthew James Olender, P.E. Vice President 101 NE Third Ave,Suite 11701 Fort Lauderdale FL 33301-1199 I T 954.903.93001 F 954.903.9301 1 www.ThorntonTomasetti.com Page 1 • Table of Contents Tab 1 Cover Letter& Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents 1 1.2 Response Certification,Questionnaire&Requirements Affidavit 3 1.3 Minimum Qualifications Requirements 22 Tab 2 Experience & Qualifications 2.1 Qualifications of Proposing Firm 26 2.2 Qualifications of Proposer Team 34 2.3 Financial Capacity • 41 Tab 3 Approach & Methodology 3.1 Approach & Methodology 42 3.2 Workload and Technological Capabilities 44 3.3 Intent to use Disadvantaged Business Enterprise Firms 47 • • Thornton Tomasetti Page 2 r _ .. . ' { d .Tab.1"Cover Letter & Minimum Qualifications Requirements =1 2 Response;Certification, Questionnaire & Requirement Affidavit IC r! ' ) r, • h k C' Solicitation No: Solicitation Title: RFQ 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN"AS-NEEDED-BASIS" Procurement Contact: Tel: Email: Yusbel Gonzalez 305.673.7000, Ext.6230 yusbelgonzalez(a miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order 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: Thornton Tomasetti, Inc. No of Years in Business: 58 No of Years in Business Locally: 14 No of Employees: 803 worldwide OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: "The Thornton-Tomasetti Group, Inc."from 12/24/99 to 5/4/06, and we used the following DBAs until 5/4/06: "LZA Associates"; "LZA Technology",and"Thornton-Tomasetti Engineers". FIRM PRIMARY ADDRESS(HEADQUARTERS): 51 Madison Avenue CITY: New York STATE: ZIP CODE: NY 10010 TELEPHONE NO.: 971.661.7800 TOLL FREE NO.: FAX NO.: 971.661.7801 FIRM LOCAL ADDRESS: 101 NE Third Avenue, Suite 1170 CITY: Fort Lauderdale STATE: ZIP CODE: FL 33301 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Matthew James Olender, P.E., Vice President ACCOUNT REP TELEPHONE NO.: 954.903.9300 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: MOlender@ThorntonTomasetti.com FEDERAL TAX IDENTIFICATION NO.: 13-1251070 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 2014-346-YG Appendix A— Page 1 Page 3 1. Veteran Owned Business.Is ro oser claiming a veteran owned business status? YES ✓ NO SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposals must disclose,in their Statement of Qualifications,the name(s)of any officer,director,agent,or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposals must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposals must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. Suspension,Debarment or Contract Cancellation.Has proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an •ublic sector agency? YES ✓ NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 4. 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. 5. 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/. 6. Living Wage. Pursuant to Section 2108 of the Miami Beach City Code, as same may be amended from time to time, Proposer • Commencing with City fiscal year 2012 13(October 1,2012),the hourly living rate will be$11.28/hr with health using the Consumer Price Index for all Urban-Consumers(CPI U)Miami/Ft. Lauderdale,issued by the U.S. Department of Labor's same(in a partici ular year\ r RFQ 2014 346-YG Appendix A — Page 2 Page 4 7. 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? I ✓ 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 Spouses Domestic Partners Health ✓ ✓ Sick Leave ✓ ✓ Family Medical Leave ✓ ✓ Bereavement Leave V 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/procurementl. 8. 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. 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. RFQ 2014-346-YG Appendix A— Page 3 Page 5 9. 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 addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt MJO Addendum 1 MJO Addendum 6 Addendum 11 MJO Addendum 2 MJO Addendum 7 Addendum 12 MJO Addendum 3 MJO Addendum 8 Addendum 13 MJO Addendum 4 Addendum 9 Addendum 14 MJO Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. • RFQ 2014-346-YG Appendix A— Page 4 Page 6 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations, interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2014-346-YG Appendix A — Page 5 Page 7 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: Matthew James Olender,P.E. Vice President Signature of Proposer's Authorized Representative: Date: Mit(4—0/1-#41/7 October 31, 2014 State of FLORIDA ) On this 31st day of October 2014,personally ) appeared before me Matthew Olender who County of Broward ) stated that (s)he is the Vice President of Thornton Tomasetti,Inc.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: M ,. • • , blic for the State If.i.rida ommission Expires: September 21, 2015 . � iiii,, Amu*LOPEZ De.cAsruo • MY COMMISSION t EE 132539 p,:,,,..t WIRES:September t21 "'' Bonded'Nu Notary Pubic ��1 �N RFQ 2014-346-YG Appendix A— Page 6 Page 8 _. e '4r ... • f= r r,. C` _1 F - t _r 1 r r h J• - -- r i ` ::;.,s ft, Y • t _ , 1. , • Thornton'''''9.',m asetti, Inc. - Code of?Conduct i i,,,-,,,' � 4 .i, - r- j +r ,_ ;::, R _�, -A ril 2jVW/ -. . yi Table of Contents Message From the President 1 About this Code of Conduct 2 Acknowledgement Getting Help 2 Seeking Advice and Reporting Concerns Where to Go for Help (Compliance Officer and TT Ethics and Integrity Hotline) Discipline 4 Our Values 4 Our People 5 Equal Employment Opportunity Harassment-Free Work Environment Health and Safety Drug Free Work Place Our Company 6 Recording Transactions Financial Reporting Document Retention Safeguarding Company Assets E-mail, Intranet, and Internet Policy Clients and Marketplace 7 Conflicts of Interest Proprietary and Confidential Information Fair Competition and Antitrust Laws Procurement Integrity Doing Business with Governments Engaging in International Business Gifts/Entertainment and Meals Environmental Compliance Media and Government Relations 10 Media Relations Responding to Government Audits, Inspections and Investigations Acknowledgement Form 11 Page 10 Message From the President To All Thornton Tomasetti, Inc. Owners, Directors, and Employees: Thornton Tomasetti, Inc. is committed to excellence and professionalism in all of its endeavors. This applies to the technical aspects of our services, as well as the ethics and integrity with which we conduct our business on a day-to-day basis. Our clients expect and deserve no less from us. Pursuant to this commitment, we are pleased to present this Code of Conduct which restates our values and the basic principles by which we conduct all of our business relationships. Since all of the laws, rules, and regulations that guide our performance are crucial components of our business, it is essential that we are guided by the philosophy of this Code, every day, in order to maintain our premier status in our industry. As described in the Code, we have established the new position of Compliance Officer, as well as a Corporate Compliance Committee, to ensure that our business practices adhere to the Code. A new TT Ethics and Integrity Hotline, also described in the Code, is now available to you for guidance or to report concerns, which will be addressed by the Compliance Officer. The firm of KPMG, who assisted us in the development of this Code, will be operating the Hotline on our behalf. We are excited about the positive message this Code brings to Thornton Tomasetti, Inc. Please read it carefully and look for new training on the Code and ethics and integrity issues. Thank you for your time and continued commitment to the success of our company. Daniel A. Cuoco President 1 Page 11 About this Code of Conduct This Code of Conduct (the "Code") is designed to provide you with a basic understanding of the standards of conduct that pertain to your role as an employee of Thornton Tomasetti, Inc. ("TT" or the "company.") It is intended to guide you in your day-to-day actions and responsibilities and provide you with essential resources necessary to comply with company standards. This Code, however, does not include all company policies and procedures. If ethical issues arise that are not explicitly covered within this Code, each individual employee has the duty to exercise good judgment while seeking guidance as needed from the Compliance Officer (see page 3.) Exceptions to company policies or this Code must be approved in writing by the Compliance Officer. The Code applies to all TT owners, directors and employees, regardless of title or tenure. It will be available to you in written form as well as on the company intranet. Acknowledgement You are required to sign the form on page 11 acknowledging that you have read and agree to comply with the standards contained in this Code and will attend all related training. Getting Help Seeking Advice and Reporting Concerns You should seek advice when you are unsure about an appropriate legal or ethical course of action. This would include, for instance, situations when: • Applicable policies seem difficult to interpret under the circumstances; • The relevant laws or standards are complex; • You have limited experience dealing with the subject matter; or • You find yourself in a"gray area" and need guidance. TT employees have a duty to report potential or suspected violations of this Code of Conduct. This includes situations where you know or suspect employees, clients or those with whom the company has a business relationship are or are about to be engaged in illegal or unethical activity. 2 Page 12 Where to Go for Help To ask a question about the Code of Conduct You should contact TT's Compliance Officer or the Ethics and Integrity Hotline whenever you have a question about the Code. • Compliance Officer. To facilitate compliance with this Code, the company has implemented a program of Code awareness, training and review. The company has established the position of Compliance Officer, as well as a Corporate Compliance Committee comprised of members of the legal, human resources, management and finance teams, in support of this position. The Compliance Officer is a person to whom any TT employee can address questions or concerns. The Compliance Officer can be reached as follows: M. Stephen Dennis Compliance Officer Thornton Tomasetti, Inc. 51 Madison Avenue New York,NY 10010 Telephone: (917) 661-8038 E-mail: SDennis @ThorntonTomasetti.com To report a violation of the Code of Conduct You must immediately contact the TT Ethics and Integrity Hotline whenever you become aware of a possible violation. • TT Ethics and Integrity Hotline — 866-250-9810. The company now has a confidential TT Ethics and Integrity Hotline through which you may report possible violations of this Code or seek guidance. Reports to the Hotline of suspected misconduct may be made anonymously and will be kept confidential. You should not fear retaliation or retribution. TT prohibits retaliation against anyone who, in good faith, reports a possible violation or participates in an investigation, even if sufficient evidence is not found to substantiate the concern. Reports may also be made in writing,to the following address: TT Ethics/Integrity Hotline c/o KPMG LLP Box 352 208 East 51st Street New York,NY 10022 E-mail: @KPMG.com * This information will be provided as soon as possible. 3 Page 13 Discipline TT employees are expected to adhere to the standards outlined in the Code. Failure to report misconduct or to otherwise comply with the Code may lead to disciplinary actions up to and including termination of employment and failure to be promoted or receive raises or bonuses. The following are some examples of conduct that may result in a disciplinary response from TT management: • Violating laws, regulations or TT's Code of Conduct,policies or procedures; • Directing or encouraging others to violate laws, regulations or TT's Code of Conduct, policies or procedures; • Failing to report known or suspected violations of laws, regulations or TT's Code of Conduct, policies or procedures; • Interfering with or being uncooperative during an internal or external investigation; and • Retaliating against others for reporting a concern or violation. TT employees should also be mindful that violations of laws, regulations or TT's Code of Conduct, policies or procedures could trigger external legal action against you, your colleagues, and the company, its affiliates, and clients. Criminal or government enforcement action can include suspension or revocation of licenses, sanctions, monetary fines, criminal penalties, and imprisonment. Our Values TT's core values, listed below, drive our culture, professional conduct, and day-to-day business. As such, they are the responsibility of all TT employees and require the genuine commitment of the entire company. • Ethics and Integrity. TT employees should perform their duties with ethics and integrity and ensure that all business relationships are maintained in a fair and equitable manner. TT employees should avoid all conflicts of interest. • Commitment. TT employees should effectuate their responsibilities with a professional level of commitment. • Compliance. TT employees should adhere to the intent and letter of all applicable local, state, federal, and foreign laws and regulations. These values are the backbone of the TT Code of Conduct. For that reason, adherence to the company values and Code of Conduct will be considered in the performance evaluation of every TT employee. 4 Page 14 Our People TT strives to create a safe and secure work environment, free of discrimination, harassment, and risk of physical harm. Equal Employment Opportunity TT values diversity in the workplace and understands that a variety of backgrounds, skills, and experiences add to the company's competitiveness and ability to adapt in a changing business environment. As such, TT will recruit, hire, train, and promote individuals in accordance with applicable laws and regulations, without regard to a person's race, color, creed, religion, age, gender, national origin, citizenship status, marital status, sexual orientation, disability, veteran status, or other category protected by federal, state, or local law. For further guidance on TT's equal employment opportunity policy, refer to the"Thornton-Tomasetti Employee Manual." Harassment-Free Work Environment TT strives to maintain a work environment that is free of harassment and intimidation. TT will not tolerate offensive or insensitive behavior towards any employee or applicant for employment. Sexual harassment is a specific form of harassment that is contrary to TT policy. For the purposes of TT policy, sexual harassment is defined as sexual behavior that is unwelcome, personally offensive, and creates a hostile, intimidating, or offensive work environment. Health and Safety TT considers its human capital as its most important asset. Therefore, TT will provide and maintain a safe work environment that is in compliance with applicable state and federal regulations. In addition, it is the responsibility of every company employee to help maintain a safe work environment and ensure the implementation of safety policies. Drug-Free Work Place To help ensure the safety of all of its employees, TT strives to maintain a drug-free work environment. Therefore, the use, possession, or sale of controlled substances in any quantity while on company premises is strictly prohibited. An employee may use medications prescribed by a physician if such use does not adversely effect work performance. Responsible consumption of alcohol is permitted at company sponsored activities and social events. 5 Page 15 Our Company TT is committed to accurately recording financial results, properly maintaining all company records,protecting company assets, and ensuring the security of our information systems. Recording Transactions All transactions and activities that are required to be recorded into the company's books and records should be done so accurately and completely. TT employees are therefore responsible for creating accurate and complete payroll records, time and expense reports, and other company accounting records. Financial Reporting It is the company's policy to comply fully with Generally Accepted Accounting Principles (GAAP). Any entries or changes to books, records or financial statements that do not comply with GAAP, or that are false or misleading, are prohibited. Document Retention In accordance with TT's information retention policy, all company business records should be retained for a period of seven years. Furthermore, no TT employee should, under any circumstances, engage in the following: • Destruction of any company documents in anticipation of a request for those documents from any government agency or a court; and • Alteration of any company documents or records. All non-routine government requests for information (e.g. requests not in the course of normal project administration, requests from enforcement agencies, etc.) should be forwarded to TT's Legal Department for review. TT is committed to full cooperation with government inquires and requests (for more information, see Responding to Government Investigations). Safeguarding Company Assets Employees should use company assets only for their intended use and as authorized. In addition, TT employees have the responsibility to protect company assets against theft and misuse. It is TT's policy to respect the intellectual property and capital of customers, suppliers, vendors, business partners, and competitors. In addition, the company will comply with applicable licensing, royalty, and rental agreements. E-mail, Intranet, and Internet Policy In accordance with the TT employee manual, TT employees should make every effort to maintain the confidentiality, integrity and security of the company's e-mail, inteanet, and intranet systems. In addition, TT employees are authorized to use the e-mail, intranet, and inteanet in accordance with company policy. Any unauthorized use constitutes misappropriation of company assets. 6 Page 16 Clients and Marketplace TT is committed to treating all clients in a fair and equitable manner. In addition, the company will comply with all rules and regulations applicable to its marketplace. Conflicts of Interest In the course of our business, conflicts of interest can arise in a variety of circumstances. These may include situations where an individual may receive funds, property or services from other parties in addition to the standard compensation received from TT, or where an individual's personal interests may conflict with those of TT. In addition, there are other circumstances that may lead to conflicts of interest or have the appearance of a conflict. In all cases, it is the responsibility of all TT employees to avoid conflicts of interest. In the event that actual or potential conflicts of interest arise, it is the responsibility of the TT employee involved to report this situation directly to the Compliance Officer noted on page 3. The Compliance Officer shall be responsible for making any appropriate determinations as to appropriate action. Under the appropriate circumstances, the Compliance Officer will report these instances directly to Company senior management. The following are examples of potential conflicts of interest: Financial Interests • Financial transactions involving a personal or financial interest that may affect the company; • Financial interest in any business with which TT or any TT affiliate has a business relationship; and • Acquiring real estate or any other interest the employee knows or has reason to know that the company may be interested in purchasing. A financial interest in the sense used above does not include ownership of a small number of publicly traded securities of a corporation. Information • Obtaining or releasing confidential information or data concerning the company or its operations without proper authorization; and • Using any non-public company information in relation to the sale or purchase of stock or other securities. 7 Page 17 Employment, Memberships&Business Relationships • Hiring relatives of current employees, where the related parties will be assigned to the same office or project and either relative reports to or is evaluated by the other; • Using relatives of current employees in a sub-contracting arrangement; and • Obtaining secondary employment with competitors or any other company seeking to have a business relationship with TT. (All TT employees must disclose all outside employment to the Compliance Officer and obtain the Compliance Officer's prior written approval before commencing any such employment.) • Serving or accepting a position on the board of directors of another company, civic association, or nonprofit organization without express written approval from the Compliance Officer; Political Activities • Contributing to or participating in the campaign of a political candidate or entity as a representative or in the name of TT. (Note: Contributions or reimbursement from corporate funds is prohibited.) • Exerting any form of coercion or using any form of inducement to pressure a fellow employee into participating in or contributing to a political campaign. Every TT employee is encouraged to seek guidance from the Compliance Officer whenever there is any possibility of an actual or perceived conflict of interest. Proprietary and Confidential Information TT strives to protect all proprietary and confidential information. This policy is applicable to internal company information as well as that of customers and those with which TT has a business relationship, particularly those with formal teaming or consulting agreements. Any questions regarding the release of proprietary or confidential information should be directed to TT's Legal Department. Fair Competition and Antitrust Laws TT is dedicated to compliance with all antitrust laws. Antitrust laws are designed to protect free competition and prevent unfair business practices. Violation of antitrust laws may result in both civil lawsuits and criminal prosecution. Penalties may include fines, imprisonment, and payment of punitive damages. Requests from customers or business partners to participate in any collusive or other suspicious activity should be reported immediately to the Compliance Officer to ensure that no antitrust laws are violated. Procurement Integrity TT will comply with all laws and regulations applicable to the procurement of goods or services. The company will treat all parties with which it has a business relationship fairly and will conduct itself in an ethical manner when obtaining new business. All proposals and contracting 8 Page 18 arrangements should be based on price, quality, service, and ability to meet TT's or other party's needs. TT employees should not accept or receive anything of value from any party with which TT has a business relationship in an attempt by that party to win business or favorable treatment from TT. Moreover, TT expects that those parties with which its conducts business will do so in adherence to the standards and principles described in this Code of Conduct. Doing Business with Governments TT frequently conducts business with local, state, and federal government entities. TT employees should be sensitive to the varying restrictions and standards applied to these transactions. For example, the integrity of the procurement process with government entities is highly regulated and may specify proposal or bid requirements, prohibit contact with procurement officials, and limit the receipt of information relating to competing bids and their evaluation. In addition, federal, state and local law set forth different restrictions on the employment of former government personnel. These limitations may preclude work on specific projects on which a former government employee may have worked. It is the responsibility of each employee to alert their supervisor and the Compliance Officer if they are made aware of any particular restriction. Human Resources and the Legal Department should also be consulted. Engaging in International Business When conducting business in foreign countries, TT employees should be mindful of and compliant with all applicable international business laws and regulations. Applicable laws include the U.S. Foreign Corrupt Practices Act, which prohibits payments to or from government officials (domestic and international) in return for business or favorable treatment. The Act also requires accurate bookkeeping of all business transactions. Other applicable laws and regulations include U.S. embargoes, export controls, and anti-boycott laws. Consult TT's Legal Department as to the applicability of any domestic or international law relating to business conducted in a foreign country. Gifts/Entertainment and Meals TT may use reasonable business entertainment and gifts to create goodwill with business partners and clients. No business courtesies should ever be conditioned on purchasing company services or giving preferential treatment to the company. TT employees should also be aware that special rules apply to gift giving in relation to government personnel. Therefore, it is TT's policy that all Company employees are prohibited from the giving or receiving of any gifts or entertainment to or from government clients and personnel. For other clients and their employees, Company employees are prohibited from the giving or receiving of gifts and business entertainment if such gifts and entertainment are considered extravagant or lavish. In addition, TT employees are prohibited from giving or receiving gifts that are in the form of cash, travel or lodging, or in violation of any law. Questions about these or other rules should be addressed to TT's Compliance Officer. 9 Page 19 Environmental Compliance TT seeks to comply with all applicable federal environmental protection laws applicable to its business and services. Violation of environmental protection laws may result in civil litigation as well as criminal prosecution. TT employees are to report to the TT Legal Department all possible incidents in which the Company may be liable for environmental protection violations. Media and Government Relations Media Relations Media relations are the responsibility of TT management. TT employees are prohibited from communicating with the media regarding any Company matter or on behalf of the Company without the express permission of a Managing Principal or Profit Center Manager. Press inquires should be referred to a Managing Principal or Profit Center Manager. Responding to Government Audits,Inspections and Investigations The company must abide by numerous laws, regulations, rules, ordinances and restrictions imposed on it by all levels of government. While TT complies with most laws and government interaction in the ordinary course of business, there can be sanctions, penalties, fines, administrative, regulatory or legal action imposed for inaction, delays or failures to respond to government bodies. It is the policy of our company to cooperate with government agencies in their investigations. To assist TT employees in this cooperation, all employees should bring the following to the immediate attention of the TT Legal Department: • Requests or subpoenas to appear or testify before a grand jury, government agency, commission or legislative or administrative body; • Notification of an investigation by authorities responsible for enforcing laws; • Non-routine inspections, visits, interview requests, and requests for Company Documents by any federal, state, local or foreign government or government agency (e.g. requests not in the course of normal project administration, requests from enforcement agencies, etc.); and • Communications or notices received from government bodies or agencies imposing or threatening substantial fines, penalties or injunctive action. If you are unsure as to the whether a government audit, inspection or other activity is actually a government investigation, you are required to contact TT's Legal Department. 10 Page 20 Acknowledgement Form I hereby acknowledge that I have read and agree to comply with, the principles and standards set forth in the TT Code of Conduct. I will seek guidance from, and raise concerns about possible violations of the Code with the Compliance Officer, or through the TT Ethics and Integrity Hotline. I will attend all of the required training seminars provided by TT throughout the year. Signed Dated Name (Print) 11 Page 21 r ): • r 'Tab 1 Cover Letter & Minimum Qualifications Requirements • r r = 1.3 Minimum Qualifications Requirements • • • 1 I Compliance with Appendix C " `` G x ,, " ;, .° Proposers Qualifications _ ,() Thornton Tomasetti provides engineering design services to clients :- ,, worldwide on projects of all sizes and complexity, with practices in building j structure, building skin, building performance, building sustainability, -,a L,-' construction support services and property loss consulting. From the tallest ,, 4 - =°; / t°;°-°y = buildings and the longest spans, to innovative building systems, materials Y :1 ., �� and analysis, we are committed to creating the best solutions through our ;° ,,, technical ingenuity, pursuit of excellence, and responsiveness to client AmericanAirlines Arena needs. Founded in 1956, today hornton Tomasetti is an 800-person Miami, FL y p organization of engineers and architects collaborating from offices across the United States and in Asia, Europe and the Middle East. Thornton Tomasetti is seeking qualifications under Group B- Engineering to provide structural services. The firm has been practicing through its New York headquarters for 58 years and through its Fort Lauderdale office since _ - 2001. The firm has completed many projects for public sector agencies. Relevant Public Agency Experience in Florida mss. ..: ors. i ._ , _`>. : • City Center, West Palm Beach, FL. Structural design of a six-story, , 150,000-square-foot City Hall with 65-foot-high capitol dome, a four-story, titilt, 35,000-square-foot museum, a five-story, 85,000-square-foot library with a City of Aventura,Government Center Parking full building length vaulted ceiling, a 13,500-square-foot, 63-foot clear Expansion span auditorium and a five-story, 550 car enclosed parking garage. Aventura, FL Agency: City of West Palm Beach • AmericanAirlines Arena, Miami, FL. Structural design of a 19,600-seat multipurpose arena, built on an 8.4-acre site that includes a 2.6-acre plaza, public terraces and balconies, private suites, a bar/lounge and multipurpose practice court. The arena features an ALIX retractable seating system at the event level to allow uncomplicated and rapid conversion of seating arrangements. Agency: Miami-Dade County _ - _ • City of Aventura, Government Center Parking Expansion, Aventura, '"� - -== — " 1t,-. . FL. Structural design for a new parking garage to be built on top of an =_A r existing surface lot. Agency: City of Aventura ,- _,.„ -ter- . _ J ".�� • Palm Beach County Tax Collector's Office, Lake Worth, FL. Structural design of a two-story, 34,000-squrae-foot office building for the Palm ;-M Beach county Tax Collector. The facility combines the work of several Miami International Airport,Miami _World separate branches of county government into one building, with shared, Gateway, North Terminal Development, Peer public and support spaces. Agency: Tax Collector of Palm Beach County Review Miami,FL • Miami International Airport, Miami World Gateway, North Terminal Development, Miami, FL. Peer review of a new terminal structure and automated people mover system. The project consists of reinforced concrete and structural steel framing of over two million square feet of terminal space. Agency: Miami-Dade County Thornton Tomasetti Page 22 :r • City of Coral Springs City Hall, Coral Springs, FL. Structural design `—`-- services for a five-story, 65,000-square-foot municipal office building that • will house a central energy plant and a post office. The project also includes an above-ground parking garage for 300 cars. Agency: City of "!" " Coral Springs • Exploration Tower at Port Canaveral, Cape Canaveral, FL. Structural City Hall design of a seven-story, 22,000-square-foot welcome center. The award- City of Coral Springs, FL winning project features unique cantilevered floor plates, sloping exterior columns, and a sail-shaped exposed tube steel canopy that projects 58 feet above a curved exterior metal panel wall to a total height of 174 feet. Space functions include an orientation lobby with gift shop and café, exhibition space, an auditorium, conference facilities, offices and two observation decks. Agency: Canaveral Port Authority Engineer Qualifications The engineers proposed for this project are listed below and verification of their certifications by the state Florida are included in the pages that follow. All of our engineers have experience working with public agencies and specific experience is denoted on each engineer's respective resume •' 'I l .° included in Tab 2. Ti ••l•• ` '"` ` - ►"". Matthew Olender, P.E. Vice President • Via; Mr. Olender has 13 years of experience Photo courtesy of Skanska USA Building,Inc. Licensed Professional Engineer in New York and Florida Exploration Tower at Port Canaveral Licensed Special Inspector Florida Cape Canaveral, FL Brad Malmsten, P.E.Vice President Mr. Malmsten has 15 years of experience. Licensed Professional Engineer in New York and Florida Licensed Special Inspector Florida Eric Search, P.E., Senior Associate Mr. Search has 22 years of experience. Licensed Professional Engineer in Florida. Registered Threshold Inspector in Florida. Suhendi Widjaja, Senior Project Engineer Mr. Widjaja has 10 years of experience. Licensed Professional Engineer in Florida. Page 23 , . State of Board of Professional Engineers Attests that Matthew J. Olender tt„,,,,\i{I',i.-7It i7M y��•.� v IC'.. is licensed as a Professional ngineer under Chapter 471, Florida Statutes Expiration: 2/28/2015 P.E Lic.No:68679 Audit No: 228201530495 Special inspector Si tic.No:8334734 State of Board of Professional Engineers Attests that Brad W. Malmsten, P.E. 1'14" ..,. ls licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration:2/28/2015 P.E.Lic.No: Audit No: 228201529765 71012 Page 24 State of Board of Professional Engineers Attests that Eric David Search ,, FBPL ik ‘e, ,., ,,, is licensed as a Professional ngineer under Chapter 471, Florida Statutes Expiration: 2/28/2015 P.E.Lic.No: 54984 Audit No: 228201531097 Special inspector Si Lic.No:7018775 State of Florida a Board of Professional Engineers Attests that Suhendi Widjaja, P.E. AFrssit is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 2/28/2015 P.E.Lic.No: Audit No: 228201512486 74108 Page 25 Tab 2 Experience & Qualifications Tab 2 Experience & Qualifications 2.1 Qualifications of Proposing Firm ARCHITECT- ENGINEER QUALIFICATIONS PART I—CONTRACT SPECIFIC QUALIFICATIONS A.CONTRACT INFORMATION 1. TITLE AND LOCATION(City and State) Thornton Tomasetti, Inc. 2. PUBLIC NOTICE DATE 3. SOLICITATION OR PROJECT NUMBER September 19, 2014 RFQ 2014-346-YG B.ARCHITECT—ENGINEER POINT OF CONTACT 4. NAME AND TITLE Matthew James Olender, P.E.,Vice President 5. NAME OF FIRM Thornton Tomasetti, Inc. 6. TELEPHONE NUMBER 7. FAX NUMBER 8. E-MAIL ADDRESS 954.903.9300 954.903.9301 MOlender @ThorntonTomasetti.com C. PROPOSED TEAM (Complete this section for the prime contractor and all key subcontractors.)[Propo sed Team] (Check) 4 c 2> z o° 9. FIRM NAME 10.ADDRESS 11. ROLE IN THIS CONTRACT E - < a Thornton Tomasetti, Inc. 101 NE Third Avenue, Structural Engineer a. ✓ ❑ ❑ Suite 1170 Fort Lauderdale, FL 33301 ✓ CHECK IF BRANCH OFFICE [Name] b. ❑ ❑ ❑ ❑ CHECK IF BRANCH OFFICE [Name] c. ❑ ❑ ❑ ❑CHECK IF BRANCH OFFICE [Name] d. ❑ ❑ ❑ ['CHECK IF BRANCH OFFICE [Name] e. ❑ ❑ ❑ ['CHECK IF BRANCH OFFICE [Name] f. ❑ ❑ ❑ ❑CHECK IF BRANCH OFFICE - - D.ORGANIZATIONAL CHART OF PROPOSED TEAM ✓ (Attached) AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330(1/2004)PAGE 1 MANDATORY USE DATE OF FORM 6/2004 Page 26 H.ADDITIONAL INFORMATION 30. PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY.ATTACH ADDITIONAL SHEETS AS NEEDED. About Thornton Tomasetti f i Thornton Tomasetti provides engineering design, investigation and analysis .' y�. services to clients worldwide on projects of every size and level of complexity. y Our integrated practices can address the full life cycle of a structure. Founded in �°- 1956, today Thornton Tomasetti is an 800-person organization of engineers, .y- architects and other professionals collaborating from offices across the United -: States and in Asia-Pacific, Europe, Latin America and the Middle East. Building Structure: We collaborate with architects, owners and builders to design elegant solutions that meet the demands of challenging projects of all sizes and types—new structures, renovations and conversions.We focus on achieving the optimal balance among multiple objectives—form,function, schedule, sustainability, constructability and budget. Building Skin:We apply expertise in systems and materials to integrate building skin and structural designs in new buildings, renovations and recladding projects.We provide facade consulting and engineering services to architects, building owners and developers; perform a suite of specialty analyses to solve complex design challenges, improve constructability, maximize energy efficiency and increase security; and offer a range of "` construction support consulting services to assist contractors during bidding, �° negotiation, value engineering, post-contract review and site supervision. Building Performance:We assist property owners, managers and other stakeholders with technical support for existing structures through our renewal and forensics services. Our multidisciplinary professionals—structural ' *' en ineers, architects and MEP engineers—specify maintenance regimens and _ , ;a � ; assist owners with upgrades, repairs, expansions, adaptive reuses and historic preservation.We also evaluate losses in strength,functionality and value; -� perform materials testing and reliability and risk analyses; develop repair solutions; and provide expert opinion and litigation support. __ Property Loss Consulting:We assist insurance companies, their .__ representative attorneys and executive general adjusters in evaluating the scope and nature of losses related to natural and man-made events.We offer scope of damage determination, covered-loss assessment, cause and origin investigation, expert witness testimony, green claims consulting and multihazard risk assessment. Construction Support Services: Integrating design and construction teams through the use of technology helps projects move smoothly from concept to completion, while supporting construction safety.We develop project delivery strategies customized to each client's priorities. Our advanced project delivery services coordinate complete structures, using a single model to create design drawings and construction deliverables,from fabrication-ready models to shop drawings and sequencing plans. We provide erection and stability engineering, lift design, fixture design, equipment and logistics planning, and field engineering support. Building Sustainability: We collaborate in the design, construction and operation of sustainable buildings to provide innovative solutions that balance economic, social, and environmental factors. Our experienced team provides integrated services, including sustainable design strategies, energy modeling and building physics, green building certification, and education and training. Page 27 H.ADDITIONAL INFORMATION 30. PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY.ATTACH ADDITIONAL SHEETS AS NEEDED. Building Structure Services Thornton Tomasetti's Building Structure practice provides a complete range of u, structural design services for clients worldwide on projects of all sizes and -- "�.Almar complexity—from designing some of the world's tallest buildings and longest spans, to engineering the most ambitious yet small-scale structures. In all our : work—from new design to alteration of existing buildings, to feasibility and • --a peer reviews of emerging designs—we continually challenge convention while A striving to address the demands of constructability, sustainability, budget, function and aesthetic vision. Designing structural frames for new buildings is the principal focus of our practice. We work collaboratively with architects, mechanical engineers, and " --= contractors, to propose, study, and develop structural framing system alternatives for each project. Our integrated approach to developing the optimal structure considers not only material quantities, but also project , / economic, functional, and aesthetic needs. Any successful building project requires an understanding of the interaction between structural systems, building skin, and architectural and mechanical Continuum on South Beach systems. Our integrated services in building structure, skin and performance Miami, FL uniquely position us to serve our clients with this holistic perspective. All of our structural designs are developed with building information models, using custom interoperability tools that enable us to work with virtually any design software. This interoperability and use of BIM enhances efficiency, accelerates delivery time, reduces change orders and preserves the design integrity as it moves across software platforms. Our project delivery strategy is customized to meet individual client needs. For design-bid-build, design-build, integrated project delivery or a hybrid, we . -- �_`r`� understand the benefits and limitations of each approach and advise our = = clients on the most suitable choice. We routinely incorporate advanced detailing, saving time and ensuring accuracy of deliverables for the contractor f�/= and fabricator, and erection engineering and site logistics support to optimize wri the construction process. Thornton Tomasetti also provides clients with unmatched forensic experience • = investigating a broad range of structures.We use state-of-the-art computer modeling and visualization tools to reconstruct and illustrate failures. - .., '=' Comprehensive evaluation of structural failures includes safety and damage assessment surveys, reliability and risk analysis, materials testing and repair Espirito Santo Plaza,Curtain Wall solutions. This scientific investigation of events provides our clients with a Miami, FL thorough assessment of damage, as well as a professional analysis of causation that is used for purposes of retrofit, repair, claims adjustment or litigation. I.AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. 31. SIGNATURE / I I 32. DATE .�'� October 31, 2014 33. NAME AND TITLE Matthew James Olender, P.E.,Vice President STANDARD FORM 330(1/2004)PAGE 5 Page 28 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20.EXAMPLE PROJECT QUALIFICATIONS FOR THIS CONTRACT KEY NUMBER (Present as many projects as requested by the agency,or 10 projects, If not specified. Complete one Section F for each project.) 1 21. TITLE AND LOCATION(City and State) 22.YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(if Applicable) City Center, West Palm Beach, FL 2008 2008 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME c. POINT OF CONTACT TELEPHONE NUMBER City of West Palm Beach Dorritt Miller 561.822.1400 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost) aka Illililtlll!i a 1" "Qlilllfill mi.mhr `111111�S w••r�I WO* IIlllr�ll• ..sips • •* • is I . nto a1i Door se re 'sus tltft+ft! >rt ' _, lint t!!I! 44:0 West Palm City Center is at the heart of downtown West Palm Beach, Florida. Thornton Tomasetti provided structural engineering services for a new complex comprising a six-story city hall with a 65-foot capitol dome, a four-story museum and a five-story library with a vaulted ceiling that runs the full length of the building. Scope included a five-story enclosed parking garage and 13,500-square-foot auditorium, with a 63-foot clear span on the ground floor of the city hall. To achieve the maximum ceiling height and flexibility for future interior design and re-arrangements of the city hall, museum and library, conventionally reinforced two-way flat-slab construction was utilized for the 250,000-square- foot area. Total cost: $42.5 million Total area: 250,000 sf 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION(City and State) (3) ROLE a. Thornton Tomasetti, Inc. Fort Lauderdale, FL Structural Engineer STANDARD FORM 330(1/2004)PAGE 3 Page 29 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S T 20.EXAMPLE PROJECT QUALIFICATIONS FOR THIS CONTRACT KEY NUMBER (Present as many projects as requested by the agency,or 10 projects,If not specified. Complete one Section F for each project.) 2 21. TITLE AND LOCATION(City and State) 22.YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION Of Applicable) City of Aventura, Government Center Parking 2013 2013 Expansion, Aventura, FL 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME c. POINT OF CONTACT TELEPHONE NUMBER City of Aventura Rodney Crockett 561.988.4002 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost) Thornton Tomasetti provided structural design and — special inspection services for the 90,512-square-foot ltr expansion of an existing parking garage for the city of Aventura. The additional 207-space scope included an �► =. a .t enclosed canine area the construction of a CMU wall between the parking garage and school buildings, and special inspection services in accordance with Florida `. Building Code 2010 for the precast concrete units, reinforced masonry and steel connections. Project challenges included an aggressive one month design-bid-build and delivery schedule for construction documents. To avoid expensive construction delays, Thornton Tomasetti redesigned the deep foundation - system along the north side of the building because of an unforeseen existing underground utility line. The M ` redesign saved the owner time and money, instead of relocating the underground utility line. The project was - - utilized with Revit platform to streamline and meet the . requirements of a strict delivery schedule. Construction Cost: $3.9 million ��. , J gr. IMO r 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION(City and State) (3) ROLE a. Thornton Tomasetti, Inc. Fort Lauderdale, FL Structural Engineer, Special Inspection Services STANDARD FORM 330(1/2004)PAGE 3 Page 30 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20.EXAMPLE PROJECT QUALIFICATIONS FOR THIS CONTRACT KEY NUMBER (Present as many projects as requested by the agency,or 10 projects,If not specified. Complete one Section F for each project.) 3 21.TITLE AND LOCATION(City and State) 22.YEAR COMPLETED Palm Beach State College PROFESSIONAL SERVICES CONSTRUCTION(if Applicable) Public Safety Training Center 2013 2013 Phase III, Lake Worth, FL 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME ' c. POINT OF CONTACT TELEPHONE NUMBER Palm Beach State College Stephen Boruff,AIA 561.471.8520 Architects+Planners, Inc. 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost) I I ,.., . , _ , . _ _ , -- i ii a .... -- !---1 11 - 40 7 .4 - - „„-- . , ,Iro I ria s S► s t moo:... `n a, Air , ,. iiii6. .i .• "off,.. � s �! + ,,a 7 ___Iit + Thornton Tomasetti provided structural design services for a new 143,000-square-foot, two-building public safety training center at Palm Beach State College.The three-story main building contains classrooms, laboratories, courtrooms, a multipurpose auditorium and administrative space for fire science, criminal justice, emergency medicine training and crime scene investigation programs. The project utilizes the simplicity and standardization of tilt-wall construction in an intelligent manner to realize complex architectural layering and massing. The centerpiece of the facility is the 55-foot open-air atrium with two-foot-thick walls that cut through the main building.The west wing houses a dramatic 30-foot public gathering space.A stand-alone gymnasium building employs structures targeted to handle strength and vibration criteria associated with having weight rooms and aerobics studios on multiple levels. Total Cost: $34.9 million 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION(City and State) (3) ROLE a. Thornton Tomasetti, Inc. Fort Lauderdale, FL Structural Engineer b. STANDARD FORM 330(1/2004)PAGE 3 Page 31 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20.EXAMPLE PROJECT QUALIFICATIONS FOR THIS CONTRACT KEY NUMBER (Present as many projects as requested by the agency,or 10 projects,If not specified. Complete one Section F for each project.) 4 21. TITLE AND LOCATION(City and State) 22.YEAR COMPLETED Exploration Tower at Port Canaveral, PROFESSIONAL SERVICES CONSTRUCTION(if Applicable) Cape Canaveral, FL 2013 2013 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME c. POINT OF CONTACT TELEPHONE NUMBER Canaveral Port Authority Mr.Al 1p, 410.332.1009 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size,and cost) y gip., Thornton Tomasetti provided structural design of an award-winning seven-story welcome center that features historical exhibits on the Port Canaveral area, from the first settlers to the 21st century space program. In addition to exhibition space interspersed throughout the building, the center has indoor and outdoor observation decks, an 83-seat theater/ auditorium, meeting and function space, and a café. Progressively smaller floor plates cantilever from two main sloping pipe columns at the front of the building.A curved metal-panel shell supported by segmented columns and curved wind girts encloses the rear.An exposed curved steel- tube canopy extends 60 feet above the seventh-floor observation deck. A wind tunnel study was performed to identify wind loads on the unique structure and canopy. Hurricane-level lateral loads are resisted by two concrete cores that house the egress stairs.The foundations consist of pile caps with precast concrete piles that extend 95 feet into the soil. Thornton Tomasetti also provided construction support services including connection design,full Tekla modeling, and steel shop drawing production. Steel costs were controlled by issuing the fully connected Tekla model for steel bid. Integrating the steel connection design and Tekla modeling into the project during the construction document phase provided significant schedule savings. Total cost: $23 million Total area: 22,000 square feet 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION(City and State) (3) ROLE a. Thornton Tomasetti, Inc. Fort Lauderdale, FL Structural Engineer STANDARD FORM 330(1/2004)PAGE 3 Page 32 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20.EXAMPLE PROJECT QUALIFICATIONS FOR THIS CONTRACT KEY NUMBER (Present as many projects as requested by the agency,or 10 projects,If not specified. Complete one Section F for each project.) 5 21. TITLE AND LOCATION(City and State) 22.YEAR COMPLETED Florida Polytechnic University, Innovation, Science and PROFESSIONAL SERVICES CONSTRUCTION(if Applicable) Technology(1ST) Building, Lakeland, FL 2014 2014 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME c. POINT OF CONTACT TELEPHONE NUMBER Florida Polytechnic University Mr. John Chu 212.452.1046 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(include scope,size,and cost) i' ;' ; s • `1 AIL ll'r .'� i -•"E'a• ., • A fl' .• f(r '7/0/1/0/011.... r r + •.+ Dwlt Mr1 ¶ I`11.111mae#4114Vil gell r. filk Y ; '21VAIN in 11 ila' INN\1\\t And, . ,, , :ii)i - r ; ^^ s e- . Photograph courtesy Brad Malmsten at Thornton Tomasetti Photograph courtesy Florida Polytechnic University Thornton Tomasetti provided structural design services for a 160,000-square-foot academic building located on Florida Polytechnic University's new 170-acre campus. It provides spaces for interdisciplinary classrooms, laboratories, offices, meeting rooms and a large amphitheater.The two-story teaching facility features a prominent glass and steel cupola with an operable louver system, and a continuous pergola defined by 84 arched aluminum "leaves"that shade the upper level terraces and ground-level arcades around the perimeter of the building. The structure is supported on a shallow foundation system bearing on stone-column reinforced soils. The concrete frames are comprised of a series of exposed conrete articulated portal frames arranged in a radial fashion following the oval footprint of the project. A cast-in-place concrete ring beam supports the vaulted steel cupola and its louver system. The initial concept for the the louvers required two 250-foot-long movable arches to raise and lower the louvers.Working with the project team, the engineers developed an alternative design in which individual hydraulic pistons operate each of the 94 louvers. This allowed for a lighter, less-expensive support structure and minimized the need for custom parts. As one of the first buildings constructed on the site,the 1ST building helps establish the design scheme for all future structures within phase one of the campus master plan. Its distinctive profile and design is intended to attract and inspire visitors, and to help achieve the university's vision for developing a new science and technology corridor in central Florida. Total Cost: $60 million 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1) FIRM NAME (2) FIRM LOCATION(City and State) (3) ROLE a. Thornton Tomasetti, Inc. Fort Lauderdale Structural Engineer b. STANDARD FORM 330(1/2004)PAGE 3 Page 33 T:51,b, Ezp Lyz1tv.;t1 04 Qualifications 2.2 Qualifications of Proposer Team D.ORGANIZATIONAL CHART OF PROPOSED TEAM City of Miami Beach Department of Procurement Alex Denis, Director Thornton Tomasetti, Inc. OFFICE AND FORENSIC LEADER Matthew Olender, P.E. STRUCTURAL PRACTICE LEADER Brad Malmsten, P.E. • PROJECT MANAGER Eric Search, P.E. PROJECT ENGINEER Suhendi Widjaja, P.E. RESOURCE STAFF Field Engineers/CAD/BIM Technicians/ Administrative Support STANDARD FORM 330(1/2004)PAGE 2 Page 34 E.RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME 13. ROLE IN THIS CONTRACT 14.YEARS EXPERIENCE a. TOTAL b. WITH CURRENT FIRM Matthew Olender, P.E.,Vice President Office and Forensics Leader 5 13 15. FIRM NAME AND LOCATION(City and State) Thornton Tomasetti, Inc.,Fort Lauderdale,FL 16. EDUCATION(DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) / Licensed Professional Engineer in Florida and New York ► M.S.,Structural Engineering,2001, Duke University / Licensed Special Inspector in Florida ► B.S.,Civil Engineering, 1999,Clarkson University ► LEED Accredited Professional OES Safety Assessment Program 18. OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Mr.Olender joined Thornton Tomasetti in 2001 and has more than 10 years of experience working as a structural engineer,specializing in forensic investigations, litigation support,emergency response,condition assessments and existing building repair and alteration. He is active in the A/E/C community and serves as Secretary for the Florida Structural Engineers Association(FSEA). 19.RELEVANT PROJECTS[Relevant Projects] (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Performing Arts Ctr. and Library-Forensics Investigation, City PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Confidential, FL 2014 n/a (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm a- Forensic investigation of a 47,585 square foot performing arts theater and a new public library.The facility is comprised of a 1200 seat-theater equipped with proscenium stage, dressing rooms and state-of-the-art sound and lighting equipment. It also includes an art gallery, meeting/classrooms and banquet/reception facilities. The project cost is confidential. Mr. Olender served as project manager. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Miami Gardens Municipal Complex, Structural Evaluation, PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Miami Gardens, FL 2013 n/a (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ▪ ✓ Check if project performed with current firm b. Evaluation of structural design and performance of a 70,000-square-foot police building and adjacent parking garage related to observed cracking in the concrete during construction. The police building is a cast-in-place concrete structure, and the parking garage uses a mix of precast and cast-in-place concrete.Work included site inspections and structural analysis. Mr. Olender served as oroiect manaaer. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Confidential Parking Garage Collapse, Dora!, FL 2012 n/a (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm c. Investigation of cause and origin of the partial collapse of a six-story precast parking garage and assessment of the reparability of the remaining structure.Work included extensive site investigations and structural analysis. Mr. Olender served as project manager. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Greater Jamaica Development Complex, New York, NY. 2007 2007 d (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE • ✓ Check if project performed with current firm Preparation of repair drawings for deteriorated steel spandrel beams and columns. Observed construction and resolved field issues. Mr. Olender served as project manager. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED New York State, Department of Transportation, Salt Dome PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Inspections, New York, NY 2004 2004 (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm e' Inspection and evaluation of 146 salt domes including the design and detailing of repairs to the existing salt dome's wooden stressed-skin structure. Issued general repair drawings outlining the typical repairs that needed to be done along with any additional reinforcement was necessary. The project cost was$12 million and Mr. Olender served as engineer. STANDARD FORM 330(1/2004)PAGE 2 Page 35 E.RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME 13. ROLE IN THIS CONTRACT 14.YEARS EXPERIENCE a. TOTAL b. WITH CURRENT FIRM Brad Malmsten,P.E.,Vice President Structural Practice Leader 15 13 15. FIRM NAME AND LOCATION(City and State) Thornton Tomasetti,Inc. Fort Lauderdale,FL 16. EDUCATION(DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) 1 M.S., Engineering,2009, Manhattan College, Riverdale, NY / Licensed Professional Engineer in Florida and New York B.S., Engineering, 1999, University of Michigan,Ann Arbor, Mt 18. OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Mr. Malmsten has more than 14 years of experience in the analysis and design of concrete and steel structural systems. He has in- depth technical knowledge of building behaviors,construction methods,various forms of structural analysis and the delivery of structural design to builders. His portfolio includes mixed-use, high-rise commercial and residential,educational and sports facilities. Mr. Malmsten joined Thornton Tomasetti's New York office in 2001 and transferred to the Florida office in 2010. He serves as the Structure practice leader for the firm's Mid-Atlantic and South U.S. region. 19.RELEVANT PROJECTS[Relevant Projects] (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Palm Beach State College, Public Safety Training Center PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Phase Three, Lake Worth, FL. 2013 2013 a. (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm Structural design of a 103,000-square-foot classroom and vocational training space. The project included laboratories, an auditorium and tactical gymnasium. The project cost was$34.9 million and Mr. Malmsten served as project manager. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Florida Polytechnic, Science and Technology Building, PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Lakeland, FL. 2014 2014 b (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm Structural QA/QC for Thornton Tomasetti's structural design of a 120,000-square-foot, two-story academic building that features an elliptical footprint and arched-steel and glass cupola with an operable steel sunshade. The project cost was$60 and Mr. Malmsten served as quality control specialist. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Brickell CitiCentre, Miami, FL. 2012 N/A (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm C. Structural pre-bid services for a contractor consisting of bid document review for structural acceptability, constructability and value engineering of a large-scale mixed-use development. Scope included production of details for several alternative solutions, which allowed the contractor to reduce their base bid by millions of dollars.The project cost is confidential and Mr. Malmsten served as project manager. Construction cost not available. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Confidential Training and Meeting Center, Juno Beach, FL. 2014 2014 (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm d. Structural design and construction support services for a 17,000-square-foot auditorium addition that includes a 450- seat, split-level, sloped-floor auditorium with a raised stage and support space. The scope includes parametric modeling in Grasshopper and Rhino to rationalize the curved, sloping facade and to panelize the precast façade elements. The model was translated into Tekla to maintain integrity of geometry and prepare precast shop drawings. The project cost was$5 million and Mr. Malmsten served as project manager. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Resorts World Miami, Miami, FL 2013 n/a (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE V Check if project performed with current firm e. Structural design services through concept design phase for a 10-million-square-foot mixed-use development. Scope includes 3.5 million square feet of retail and entertainment space with meeting facilities on an eight-level podium, three million square feet of hotel space in four towers, and 1.7 million square feet of residential condominiums in two towers over a three-story, 1.9-million-square-foot basement and a 3.6-acre rooftop lagoon. Mr. Malmsten served principal in charge. The project budget was $3.8 billion. STANDARD FORM 330(1/2004)PAGE 2 Page 36 E.RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME 13. ROLE IN THIS CONTRACT 14.YEARS EXPERIENCE Eric Search,P.E.,Senior Associate Project Manager a. TOTAL b. WITH CURRENT FIRM 24 3 15. FIRM NAME AND LOCATION(City and State) Thornton Tomasetti,Inc.,Fort Lauderdale, FL 16. EDUCATION(DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) ■ B.Architectural Engineering, Structures Option, 1990, ► Licensed Professional Engineer in Florida,Connecticut and Pennsylvania State University New Jersey ► Registered Threshold Inspector in Florida 18. OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Mr.Search joined the firm in 2011 and has 24 years of experience in structural analysis and design and management of engineering contracts. His portfolio includes design of new government facilities,cultural and community centers,higher education, retail, healthcare, hospitality and sports and entertainment facilities. His experience also includes the rehabilitation of existing and historic structures for both private and government clients. 19.RELEVANT PROJECTS (1) TITLE AND LOCATION(City and State) (2)YEAR CO MPLETED Camp LeJeune Marine Corps Base, Bachelor's Enlisted Quarters, PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Rifle Range,Camp LeJeune,NC 2011 2014 (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓Check if project performed with current firm a. Structural design services for a design-build project to construct two three-story bachelor enlisted quarters buildings totaling 225 units with 116,000 square feet housing 450 soldiers.The structure uses concrete tunnel form construction.The project was designed to meet Department of Defense antiterrorism and progressive collapse resistance criteria.The design also incorporates sustainability features targeting LEED Gold certification.The project cost is$50 million and Mr.Search served as project manager. (1) TITLE AND LOCATION(City and State) (2)YEAR CO MPLETED Palm Beach State College, Public Safety Training Center,Phase PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Three, Lake Worth, FL 2013 2013 b. (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE • Check if project performed with current firm Structural design of a 143,000-square-foot,two-building public safety training center.The three-story main building comprises classrooms, laboratories,courtrooms,vocational training space and tactical gymnasium,and multipurpose auditorium.Total construction cost was$34.9 million and Mr.Search served as project engineer. (1) TITLE AND LOCATION(City and State) (2)YEAR CO_MPLETED PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Antilles Elementary School--Fort Buchanan,U.S.Army Garrison, 2013 N/A Bayamon, PR c. (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓Check if project performed with current firm Structural engineering for a new elementary school building located in a high seismic zone.The project cost is$60 million and Mr.Search is serving as project manager. Construction cost not available. (1) TITLE AND LOCATION(City and State) (2)YEAR CO MPLETED PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Confidential Training and Meeting Center,Juno Beach, FL 2014 2014 (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm d. Structural design and construction support services for a 17,000-square-foot auditorium addition that includes a 450-seat,split-level, sloped-floor auditorium with a raised stage and support space.The scope includes parametric modeling in Grasshopper and Rhino to rationalize the curved,sloping facade and to panelize the precast facade elements.The model was translated into Tekla to maintain integrity of geometry and prepare precast shop drawings.The project cost was$5 million and Mr.Search served as Project Manager. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Sandhill Water Reclamation Facility,Kissimmee,FL 2005 2005 (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE V Check if project performed with current firm e' Structural design of an expansion of an advanced secondary facility that can process three million gallons per day.The$17 million project included design for an operations building,a blower equipment building,a hypochlorite storage structure,and electrical building, basins for preliminary treatment,aeration process,and UV treatment,an effluent pump station and a filter tank. Mr. Search served as engineer of record. STANDARD FORM 330(1/2004)PAGE 2 Page 37 E.RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME 13. ROLE IN THIS CONTRACT 14.YEARS EXPERIENCE Suhendi Widjaja, P.E., Project Engineer a. TOTAL b. WITH CURRENT FIRM Senior Project Engineer 10 2.5 15. FIRM NAME AND LOCATION(City and State) Thornton Tomasetti,Inc., Fort Lauderdale, FL 16. EDUCATION(DEGREE AND SPECIALIZATION) 17. CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) 1 M.S.,Civil Engineering,2005,Southern Illinois University at / Licensed Professional Engineer in Florida Carbondale ► B.S.,Civil Engineering,2001,Southern Illinois University at Carbondale 18. OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awanis,etc.) Mr.Widjaja joined Thornton Tomasetti in 2012 with seven years of experience in structural analysis,design inspection and construction administration for new buildings and renovation projects. His portfolio includes residential buildings, hotels,sports facilities,schools and office buildings.As a Project Engineer, Mr.Widjaja is responsible for structural analysis and design,oversight of engineering and CAD staff efforts,coordination with architects and design team members, production of structural drawings and construction administration. 19.RELEVANT PROJECTS[Relevant Projects:] (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Palm Beach State College, Public Safety Training Center Phase PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Three Threshold Inspection, Lake Worth, FL 2013 2013 (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm a. Threshold inspection services for a 103,000-square-foot classroom and vocational training space.The project includes laboratories, an auditorium and a tactical gymnasium. Thornton Tomasetti performed the structural design for the project. The total construction cost was$34.9 Mr. Widjaja served as senior project engineer. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Palm Beach County Tax Collector's Office, Lake Worth, FL. PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) 2013 2015 (est.) b. (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm Structural design of a two-story, 34,000-squrae-foot office building for the Palm Beach county Tax Collector.The facility combines the work of several separate branches of county government into one building, with shared, public and support spaces. The project budget is$10.8 million and Mr.Widjaja is serving as project manager. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED City of Aventura, Government Center Parking Garage PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Expansion,Aventura, FL. 2013 2013 (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm c. Structural design and special inspection services for the 90,512-square-foot expansion of an existing parking garage for the city of Aventura. The additional 207-space scope included an enclosed canine area,construction of a CMU,and special inspection services in accordance with Florida Building Code. Project challenges included an aggressive one month design-bid- build and delivery schedule for construction documents.The cost was$3.9 million and Mr.Widjaja served as project manager. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Nova Southeastern University, Center of Excellence in Coral PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) Reef Ecosystems Science Research Facility, Dania Beach, FL. 2012 2012 (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm d. Threshold inspection services for an 86,000-square-foot research center, the only facility in the United States dedication to coral reef ecosystem research. The$30 million building was completed in 2012. (1) TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If Applicable) City Hall, City of Coral Springs, FL 2014 2017 (est.) (3) BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ✓ Check if project performed with current firm e' Structural design services for a five-story, 65,000 square-foot municipal office building and an above ground parking garage for 300 cars.The 100,000-square-foot complex will also house a central energy plant and a post office.The construction budget is$24 million. Mr.Widjaja is serving as project manager. STANDARD FORM 330(1/2004)PAGE 2 Page 38 I G.KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS 26.NAMES OF KEY 27.ROLE IN THIS 28.EXAMPLE PROJECTS LISTED IN SECTION F PERSONNEL CONTRACT (Fill in"Example Projects Key"section below before completing (From Section E, (From Section E, table.Place"X"under project key number for Block do Block do participation in same or similar role.) 1 2 3 4 5 6 7 8 9 10 Matthew Olender, P.E Office and Forensic Leader ✓ Brad Malmsten, P.E. Project Manager ✓ ✓ Eric Search, RE Project Manager ✓ ✓ ✓ Suhendi Widjaja, P.E. Project Engineer ✓ ✓ 29.EXAMPLE PROJECTS KEY NO. TITLE OF EXAMPLE PROJECT(FROM SECTION F) NO. TITLE OF EXAMPLE PROJECT(FROM SECTION F) 1 City Center,West Palm Beach, FL 6 2 City of Aventura, Government Center Parking 7 Expansion.Aventura. FL 3 Palm Beach State College, Public Safety 8 Trainina Center. Phase III. Lake Worth. FL 4 Exploration Tower at Port Canaveral, 9 Cape Canaveral. FL Florida Polytechnic University, Innovation, 5 Science and Technology(1ST) Building, 10 Lakeland, F, FL STANDARD FORM 330(1/2004)PAGE 4 Page 39 1 1. SOLICITATION NUMBER(If any) ARCHITECT— ENGINEER QUALIFICATIONS PART II—GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work.) 2a. FIRM(OR BRANCH OFFICE)NAME 3.YEAR ESTABLISHED 4. DUNS NUMBER Thornton Tomasetti, Inc. 2006 026071261 2b. STREET 5.OWNERSHIP 101 NE Third Avenue, Suite 1170 a.TYPE 2c. CITY 2d. STATE 2e.ZIP CODE Corporation Fort Lauderdale FL 33301 b.SMALL BUSINESS STATUS 6a. POINT OF CONTACT NAME AND TITLE NIA Brad Malmsten, P.E., Vice President 7.NAME OF FIRM(If block 2a is a branch office) Thornton Tomasetti, Inc. (established 6b. TELEPHONE NUMBER 6c. E-MAIL ADDRESS in 1956 as Lev Zetlin Associates, Inc.) 954.903.9300 BMalmsten @ThorntonTomasetti.com 8a.FORMER FIRM NAME(S)(If any) 8b.YR.ESTABLISHED 8c.DUNS NUMBER The Thornton-Tomasetti Group, Inc., D/B/A: LZA Technology, LZA 2000 026071261 Associates, and Thornton-Tomasetti Engineers 9.EMPLOYEES BY DISCIPLINE 10.PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 Y EARS a.Function c.No.of Employees a.Profile c.Revenue Index Code b.Discipline BRANCH Code b.Experience Number (1)FIRM (2) (see below) 06 Architect 64 3 A06 Airports;Terminals&Hangars,etc. 1 08 CADD Technician 72 2 C10 Commercial Bldg.;Shopping Ctrs. 2 15 Construction Inspector 11 1 E02 Educational Facilities 2 21 Electrical Engineer 3 F02 Field Houses;Gyms;Stadiums 1 25 Fire Protection Engineer 1 F05 Forensic Engineering 4 26 Forensic Engineer 114 3 G01 Garages;VMFs; Parking Decks 1 42 Mechanical Engineer 14 H04 Heating;Ventilating;Air Cond'g 1 57 Structural Engineer 373 11 H06 Highrise;Air-Rights-Type Bldgs. 3 Sustainability Consultants 19 2 H08 Historical Preservation 1 Other Employees 132 2 H09 Hospital&Medical Facilities 1 H10 Hotels; Motels 3 H11 Housing (Residential, Multi-Family; 3 001 Office Bldgs.; Industrial Parks 2 P13 Public Safety Facilities 1 R06 Rehab. (Bldgs.,Structures, Fac.) 3 W01 Warehouses&Depots 1 Total 803 22 11.ANNUAL AVERAGE PROFESSIONAL SERVICES PROFESSIONAL SERVICES REVENUE INDEX NUMBER REVENUES OF FIRM FOR LAST 3 YEARS 1. Less than$100,000 6. $2 million to less than$5 million (Insert revenue index number shown at right) 2. $100,000 to less than$250,000 7. $5 million to less than$10 million a.Federal Work 1 3. $250,000 to less than$500,000 8. $10 million to less than$25 million 4. $500,000 to less than$1 million 9. $25 million to less than$50 million b.Non-Federal Work 5 5. $1 million to less than$2 million 10.$50 million or greater c.Total Work 5 12.AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. a. SIGNATURE b. DATE /71\ i/(" /11141-------\--------- October 22, 2014 c. NAME AND TITLE Brad Malmsten, P.E., Vice President AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330(6/2004)PAGE 6 MANDATORY USE DATE OF FORM 5/1/2004 Page 40 Tab 2 Experience & Qualifications 2.3 Financial Capacity Financial Capacity /__-_--if s0-°." Thornton Tomasetti requested the Dun &Bradstreet Supplier Qualification if i r/# /f'-''y i1' Report(SQR)and provided the recipient information directly to Department of X44 +' `�, Procurement,Yusbel Gonzalez(yusbelgonzalez @miamibeachfl.gov)on �/ �,i � November 26, 2014 at 11:10:03, as directed on page 12 of the RFQ 2014- 346-SR and Addendum 7, Questions/Answers 33 and 54. On October 17, 4 �,� b 2014 at 14:40:42 the SQR was emailed to Alex Denis. We have not received confirmation from the City on either submission. 1 ji Thornton Tomasetti would like to stipulate we do not update information with Dun &Bradstreet for its accuracy. If you would prefer to see a more encompassing financial stability of our firm,we would be willing to submit our 1 ' Financial Statement for your review. !Arts- 0 1,,, -... , ilzi ', , ''',....00.,,, "or Florida Polytechnic,Science and Technology Building Lakeland,FL Thornton Tomasetti Page 41 - © .»m��,�,§.�: �� . . . ..�� : • Tab 3 Approach & Methodology Tab 3 Approach and Methodology 3.1 Approach and Methodology Project Approach o 3� Thornton Tomasetti is known for cost-cutting structural innovations and ,�'..{ 1 ---- effective management of structurally complex projects. Cost and ° f-s constructability concerns are monitored through our project analysis and r f- quality assurance programs.Thornton Tomasetti is committed to innovation, .__� efficiency and economy in design. Ill !ti) ' '7 is'* . -7-s For these projects,we have assigned a key staff team highly experienced in J � 1 ' structural engineering, renovations, condition assessments and familiar with the needs of clients to assure the success of task orders that would be issued by the City of Miami Beach.We will work closely with the project team to study and recommend structural solutions that are suited to the project's Sunset Place design, budget, and construction objectives. Miami,FL Thornton Tomasetti has a reputation for its technical expertise in optimizing designs to reduce costs, simplify erection procedures and speed up construction. We are internationally recognized for our ability to innovate in order to meet a project's special requirements,whether financial or functional. Design Budget Control System Thornton Tomasetti uses a Budgetary Control System to monitor and control :. f all projects in the office.This is a management information system designed to provide all personnel associated with the project, as well as management personnel,the past, present and future man hour information known about Confidential Training and Meeting Center the project. Thornton Tomasetti form sheets are filled out daily and the Juno Beach,FL specific project costs are aggregated bi-1 for review. Input Forms Project Budget Input Form:This form is input at the beginning of a project. It contains the budget(in hours),the average hourly rate, and the key staff names by department. It also contains the direct charges to be budgeted. If changes in scope occur after the project is initiated, a revised budget form is prepared with applicable adjustments. 41 � " Estimate of Manhours:This form is filled in bimonthly by project managers. It . . , ,,,, � contains the percentage of work complete, the estimate of hours expended for the previous four(4)week period, and the estimate of the required _ �¢ r: manpower required for the next four(4)weeks. _..' i ,_ Output Reports r-. Company Project Status:This weekly report of all active projects is designed Citrus Park Town Center to give key personnel (project managers) primary information pertaining to Tampa,FL the status of all projects. Project Status Reports: A report of each project, containing information about each department involved in the project and its percentage completion. It is designed primarily to give Project Managers information concerning the schedule of their projects. Thornton Tomasetti Page 42 i Project Approach Page 2 of 2 Project Status by Project Manager: This report of project information *ion). sequenced by Project Managers is designed primarily for review by " "`"^ '"" Principals and other Management personnel. v� ,T, -, , ,,, ,m Report of Project Over and Under Budget: This exception report lists those , - , �"1,� '. projects with an index outside of specified limits. It is primarily an upper �� ',� Yt management report executed by principals to control internal budgets. Saint Leo University,Student Center Saint Leo,FL These controls enable our client, our management and the project team to be continuously informed of the status of the project. Schedule Controls Thornton Tomasetti has extensive experience in providing services in ,i, adherence to the design and construction schedule,whether traditional or fast-track, and in providing early bid packages for early award of site Ham ---- t preparation,foundation and superstructure construction. Working closely s , with the design team to establish the"footprint"of the building and the `�! °; interfaces to be required between the superstructure and building envelope Mill 1 it i (exterior skin)and the proposed mechanical systems,we can proceed with MIN �' completion of contract documents for structural construction prior to final MI '-.. I 1 completion of contract documents for the project's architectural and I t mechanical/electrical building systems. Thornton Tomasetti has a long track . record of working closely with other team members to develop innovative INT !t , �'' measures during design,fabrication and construction phases to meet our �� clients'schedules. St.Pierre Condominiums Naples,FL Thornton Tomasetti Page 43 Tab 3 Approach and Methodology 3.2 Workload and Technological Capabilities Current Workload Project Name and Location Project Anticipated Size Completion Greater Accra Regional Hospital-Ghana $155 million 2016 American Express Sunrise $120 million 2015 Headquarters Sun Life Stadium Renovation $350 million 2017 Dania Casino and Jai-Alai $40 million 2016 West Palm Beach Tax Collector's $10.8 million 2015 Office Solis Ocean Palm $150 million 2017 City Hall, City of Coral Springs $24 million 2017 Fairholme Capital Headquarters $100 million 2016 Thornton Tomasetti Page 44 r Building Information Modeling (BIM) and Computer Aided Design (CAD) Thornton Tomasetti will deliver all work using the latest BIM software tools. Revit Structure serves as our primary BIM production software.Throughout design and construction, BIM files will be shared with the architect and contractor for coordination of the design and construction.At the end of the r> -- project, a complete 3D Revit model will be provided to the owner for its use in managing the facility. This will enable renovations and additions to the facility �� to be coordinated and documented. If preferred, the building information can be translated to AutoCAD format, depending on the owner's and contractor's --r software platform. We also offer Advanced Computational Modeling techniques such as Parametric and Generative Design using Rhino and Grasshopper. This is described further on the attached page. 1120 o Computer Technology Methods and Tools s REVIT Thornton Tomasetti operates a state-of-the-art computing environment.We Bentley BIM employ the latest stable releases of popular productivity tools, engineering analysis, BIM platforms and graphics packages.We consistently upgrade 1 Suite and improve our computing infrastructure to provide the most efficient and cost-effective services to our clients. Digital Project / • We provide the best and most current design tools and analysis packages to CATIA our engineers and designers.As dictated by each project, we perform linear and non-linear finite element analysis using the leading industry software. 12: Rhino / We employ the latest design aids provided by the representative material Grasshopper organizations (ACI,AISC, PCA, etc.). • TEKLA Our models, contract documents and drawings are created with the current I • industry-standard BIM or Computer Aided Design (CAD) programs.All BIM Navisworks engineering and en ineerin staff have access to networked installations of Revit, AutoCAD, Rhino, 3ds Max, MicroStation and others. Our BIM system is SolidWorks integrated with many of our various analysis and design programs.This interoperability allows us to ensure the accuracy and quality of our contract Ecotect documents.We employ the necessary computer software packages and media types to ensure ultimate flexibility, when translating and converting information is necessary. Revit Structure and AutoCAD Architecture serve as our primary BIM/CAD f production software's. In addition, our company uses Tekla Structures 3D modeling software by Finland's Tekla Corp. Tekla Structures produces a full- 4i* ■• size annotated computerized model. Once the model is created, piece drawings for fabrication and general arrangement drawings can be produced automatically, eliminating the time required for the contractor to prepare detailed shop drawings thus reducing the construction schedule by up to four months. Thornton Tomasetti Page 45 Building Information Modeling (BIM) and Computer Aided Design (CAD) Page 2 of 2 A team of in-house staff and external consultants works continually to maintain and enhance the computer system.This approach has kept Thornton Tomasetti at the leading edge of technology for the past quarter- century, contributing to the development of our innovative and economical 'AT,4 solutions to any design challenge. fix: Technical Capabilities i Thornton Tomasetti's system contains nearly 800 networked PCs running B IMWindows 7 and Windows 2008 server.We have utilized industry standard engineering and BIM/CAD software for the analysis and design of projects for more than 25 years. Tom'` We have the most up-to-date BIM software with all modelers using Dell PC [7171 !►. workstations with dual monitors. Our typical setup for a CAD workstation is dual quad core processors with 32GB of ram and high-speed SCSI hard drives.Approximately 225 operators have in-depth knowledge of AutoCAD, Revit, MicroStation, CATIA, etc. Revit Structure serves as our primary BIM production software.We are also industry-leading users of Revit Structure and have beta-tested many versions of Revit for Autodesk. Other BIM/CAD software used includes Microstation, Digital Project(CATIA),Tekla Structures, 3Ds Max, Grasshopper, and Rhino. bl � -,-;; a��- __ Thornton Tomasetti has created a system that is integrated with all of our • - various analysis and design programs.This allows for fast turnaround time -4` er overall accuracy and drawing quality impossible to achieve without BIM. r► Internal Communications All Thornton Tomasetti employees are connected to email through Microsoft Outlook. In addition, employees have the ability to remotely access their Thornton Tomasetti Outlook accounts through Outlook Web Access. Thornton Tomasetti also utilizes Newforma Project Center for project information management.This allows for a central location for the management of a project. Key staff is also equipped with laptops, iPads, BlackBerrys or iPhones that :>. offer phone service, email, text messaging, personal organizers and web access all in one device and make it easier for staff to stay connected with clients and the office. 1)4It. f:. \fir/ o Tekla Structures 3D models Thornton Tomasetti Page 46 Tab 3 Approach and Methodology 3.3 Intent to Use Disadvantaged Business Enterprise Firms MBE / WBE Participation While Thornton Tomasetti is not a certified Minority Business Partnership, we actively support efforts to provide opportunities to minority and women- owned firms. In addition to attracting and maintaining a diverse workforce,we are proud of our extensive teaming experience with MBE and WBE firms across the country. Thornton Tomasetti has employed the following approaches to teaming with MBE/WBE firms on large projects: 1. Thornton Tomasetti will provide design services up to design development, at which point,the MBE/WBE firm will take over as engineer of record and complete the construction documents and construction administration phases. Thornton Tomasetti will provide peer review services through construction documents and construction administration. 2. A portion of the MBE/WBE staff will be housed in Thornton Tomasetti's office.Thornton Tomasetti, as engineer of record, and the MBE/WBE will provide structural engineering services in a seamless process throughout the entirety of the project. We have successfully implemented either approach, depending on the complexity and capability of our partners. Thornton Tomasetti Page 47 Form W-9 Request for Taxpayer Give Form to the (Rev.December2014) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. THORNTON TOMASETTI,INC. . 2 Business name/disregarded entity name,if different from above 0 at c0 a 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to a certain entities,not individuals;see ❑Individual/sole proprietor or 151 C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): a e single-member LLC Exempt payee code(if any) ❑Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► p 2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting c N the tax classification of the single-member owner. code(if any) a C. ❑Other(see instructions)► (Applies to accounts maintained outside rho U.S.) 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) U a P.O. BOX 781187 6 City,state,and ZIP code a) a) PHILADELPHIA, PA 19178-1187 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other — — entities,it is your employer identification number(EIN).If you do not have a number,see How to get a , TIN on page 3. or Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. 1 3 - 1 2 5 1 0 7 0 Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of Here U.S.person► Date■ / / General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If •Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) DATE(MM/DD/YYYY) ADO EP® CERTIFICATE OF LIABILITY INSURANCE 12/2/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jerry Noyola NAME: y y (A/C.O FAX Insurance Brokerage No,Ext): (86 6)550-4082 3780 Mansell Road E-MAIL • ADDRESS:Jerry no ola@ re lin g com Suite 370 _ INSURER(S)AFFORDING COVERAGE NAIC# Alpharetta GA 30022 INSuRERA:National Union Fire Ins Co 19445 INSURED INSURER B:Travelers Indemnity Company 25658 Thornton Tomasetti, Inc. INSURER CNeW Hampshire Insurance Company 23841 51 Madison Ave. INSURERD:Syndicate 2623/623 at Lloyd's 37540 INSURER E: New York NY 10 010 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM!DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 500,000 GL 3333102 6/20/2015 4/1/2016 MED EXP(Any one person) $ 25,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 RO- POLICY X J PECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED CA 5260816 6/20/2015 4/1/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $X HIRED AUTOS R AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000_ B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 ZUP-15592838-15-NE 6/20/2015 4/1/2016 $ A WORKERS COMPENSATION WC 021942640 (CA) 6/20/2015 4/1/2016 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory in NH) WC 021942639 (AOS) 6/20/2015 4/1/2016 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000, D Professional Liability B0385ND010951C 6/20/2015 6/20/2016 Per Claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Miami Beach is named as an Additional Insured with respects to General Liability where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Miami Beach, Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o Insurance Tracking Services Inc. ACCORDANCE WITH THE POLICY PROVISIONS. (ITS) P.O. Box 20270 AUTHORIZED REPRESENTATIVE Long Beach, CA 90801 _ David Collings/JERRY ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401■