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Agreement with Pure Technologies U.S., Inc.
(201c-G2q 0(/(/ I . AGREEMENT BETWEEN { CITY OF MIAMI BEACH AND PURE TECHNOLOGIES U.S., 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: CIVL ENGINEERING RESOLUTION NO. 2015-29041 I ' i I � 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 SCHEDULES: SCHEDULE A 29 SCHEDULE B 30 SCHEDULE C 32 ATTACHMENTS: ATTACHMENT A 33 ATTACHMENT B 34 ATTACHMENT C 35 3 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PURE TECHNOLOGIES U.S., INC. FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" This Agreement made and entered into this 17 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 PURE TECHNOLOGIES U.S., INC., a Delaware corporation having its principal office at 8920 State Route 108, Suite D, Columbia, MD. 21045 (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 June 10, 2015, the City Commission approved Resolution No. 2015-29041, respectively, authorizing the City to enter into negotiations with PURE TECHNOLOGIES U.S. 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, 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. 4 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 excuse Consultant's obligations to ensure the Construction Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. 5 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 Directive(s), and/or approved written order(s)for a minor change in the Work. 6 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding agreement between City and Contractor for performance of the Work covered in the Contract Documents, including, without limitation, a general contractor, construction manager, design- builder or any other duly licensed construction contractor selected pursuant to any other procurement methodology available under Florida law. CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. DESIGN CRITERIA PACKAGE or DCP: "Design Criteria Package" means concise, performance-oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing sufficient information to permit design-build firms to prepare a bid or a response to a City request for proposal, or to permit the City to enter into a negotiated design- build contract. The Design Criteria Package must specify performance-based criteria for the design-build Project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. DESIGN DOCUMENTS: "Design Documents" means all plans, drawings specifications, schematics and all other documents which set forth in full the design of the Project and fix and describe in detail the size, configuration and character of the Project concerning all items of the Project necessary for the final preparation of the 100% completed, permitted Construction Documents in accordance with the requirements of the Contract Documents including, without limitation, all architectural and engineering elements as may be appropriate. Design Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Design Documents to the City and (b) they have been reviewed and approved by the City and agencies having jurisdiction in accordance with the procedures as provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant's obligations to ensure the Design Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as a hurricane, tornado, flood, loss caused by fire and other similar unavoidable casualties; or other causes beyond the City's or Consultant's control that are not due to any act, omission or negligence of either City or Consultant and, which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of City or Consultant under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of Subconsultants, the Contractor and its sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a Force Majeure, the Consultant shall request a time extension from the Project Administrator within five (5) business days of said Force Majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, 7 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 P 9 amendments or addenda thereto (if any), which is incorporated by reference to this Agreement ( Y) P Y 9 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. STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean the detailed estimate prepared by Consultant in Construction 8 1 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. • 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City 9 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 the Consultant (or any Subconsultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or to comply with the terms and conditions of the Agreement or by the Consultant's misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the City and Consultant, which shall be the Effective Date referred to on page 1 hereof, and shall be in effect for three (3) years ("Initial Term"), plus two (2), one (1) year renewal options, to be exercised at the sole discretion of the City Manager (Initial Term and any renewals shall be collectively referred to as the "Term"). Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order, including the time for completion of the work and/or services for such Project (as set forth in the particular Consultant Service Order). 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Administrator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its Subconsultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.7.4 The Services shall be performed in a manner that shall conform to the Consultant Service Order. The Consultant may submit requests for an adjustment to the Consultant Service Order completion time, if made necessary because of undue delays resulting from untimely review taken by the City(or authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Administrator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the 10 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, not to exceed twenty-four months (24)from final acceptance. 2.11 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other 11 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 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 12 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 and specifications. 13 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 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 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 14 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 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 15 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. 4.2.2. At the 30% and 60% completion of the Design Documents, Consultant shall 16 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 resulting, responsive and responsible bids within ten percent (10%) of the Consultant's final updated Statement of Probable Cost. 17 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 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 18 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 Reimbursable Expenses (by category). 20 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 proof of all required insurance coverage has been furnished to the Project Administrator: (a) Workers' Compensation and Employer's Liability per the Statutory limits of the State of Florida. (b) Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. (d) Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. 11.2 The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 11.3 The Consultant must give the Project Administrator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 11.4 The insurance must be furnished by an insurance company rated A:V or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.5 Consultant shall provide the Project Administrator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. 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: Pure Technologies U.S., Inc. 878 South Dixie Highway, Suite 200 Miami, FL 33146 Attn: Jason A Johnson, Assistant Secretary Tele: (305) 779-5629 Fax: (443) 776-7877 Email: Jason.iohnsonCa�puretechltd.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 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 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 by e.�_ s•ective witnesses and City Clerk on the day and ye . st hereinabove written. ,, Attes At.• •.'9 .`+4 Y OF MIAMI -iAr '2---, 0 1 ki. s , I -----1\ii;-��: _ ,,, y�. Vii' •` f , CITY CLERK 1 INCORF ORATED •T #4;9;j3.- •A ! o Attest a� • •.1,, R , E, NO 2' S U.S., INC. gak < 6 i •nature I retary - Si.nature/P, dent .j-Az<C)ij A SC /Ej AS TO I e-C4Q is 13 v,, Pttvuen- Print Name FORM &LANGUAGE Print Name &FOR EXECUTION 28 • eAS . ,S---- 2_-- tk - (49 ' . City Attorney Date I SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PURE TECHNOLOGIES U.S., INC. CONSULTANT SERVICE ORDER Service Order No. for Consulting Services. PURE TECHNOLOGIES U.S., INC. 878 South Dixie Highway, Suite 200 Miami, FL. 33146 Attn: Jason A Johnson, P.E. Tel: (305) 779-5629 Email: Jason.johnson @puretechltd.com 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 ** $X)00000(( Reimbursable Allowance*** $XXXXXXXX Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. Note**: Construction Administration will be paid on a monthly basis upon commencement of construction. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval, and what shall be at the City's sole discretion, the Consultant agrees to extend said services for$X)(CX)UC, 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 3 w/ 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. 2015-29041 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 FOR GROUP 1 - LANDSCAPE ARCHITECTURE, PLANNING AND URBAN DESIGN ARCHITECTURE, AND ENVIRONMENTAL ENGINEERING, AND GROUP 2 - TOWN PLANNING ARCHITECTURE, INTERIOR DESIGN & SPACE PLANNING ARCHITECTURE, AND HISTORICAL PRESERVATION ARCHITECTURE, AND GROUP 3 - CIVIL ENGINEERING AND LAND SURVEYING, AND GROUP 4 - STRUCTURAL ENGINEERING AND MECHANICAL, ELECTRICAL, AND PLUMBING ENGINEERING, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-346-YG, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN AS-NEEDED BASIS (THE "RFQ"); AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KEITH AND SCHNARS, P.A., AECOM TECHNICAL SERVICES, INC., KIMLEY-HORN AND ASSOCIATES, INC., CRAVEN, THOMPSON & ASSOCIATES, INC., AND MILLER LEGG & ASSOCIATES, INC., FOR THE DISCIPLINE OF LANDSCAPE ARCHITECTURE;; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KOBI KARP ARCHITECTURE & INTERIOR DESIGN, INC., GLAVOVIC STUDIO, INC., M.C. HARRY & ASSOCIATES, INC., STANTEC CONSULTING SERVICES, INC., AND BEA ARCHITECTS, INC., FOR THE DISCIPLINE OF GENERAL ARCHITECTURE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ZYSCOVICH, INC., AND THE CORRADINO GROUP, INC., FOR THE DISCIPLINE OF TOWN PLANNING ARCHITECTURE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH R. J. HEISENBOTTLE ARCHITECTS, P.A., WILLIAM B MEDELLIN ARCHITECT P.A., DOUGLAS WOOD ASSOCIATES, INC., BENDER & ASSOCIATES ARCHITECTS, P.A., FOR THE DISCIPLINE OF HISTORICAL PRESERVATION ARCHITECTURE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WADE TRIM, INC., STANTEC CONSULTING SERVICES, INC., KIMLEY-HORN AND ASSOCIATES, INC., PURE ENGINEERING SERVICES, INC., AND SCHWEBKE - SHISKIN & ASSOCIATES, INC., FOR THE DISCIPLINE OF CIVIL ENGINEERING; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH SCHWEBKE - SHISKIN & ASSOCIATES, INC., TRIANGLE SURVEYING AND MAPPING, INC., KEITH AND SCHNARS, P.A., BISCAYNE ENGINEERING COMPANY, INC., AND CRAVEN THOMPSON AND ASSOCIATES, INC., FOR THE DISCIPLINE OF LAND SURVEYING; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TLC ENGINEERING FOR ARCHITECTURE, INC., WOLFBERG ALVAREZ & PARTNERS, INC., AND RGD ASSOCIATES, INC. D/B/A RGD CONSULTING ENGINEERS FOR THE DISCIPLINE OF MECHANICAL, ELECTRICAL, AND PLUMBING 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 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, 3, and 4' consisted of the following individuals: GROUP 1 — LANDSCAPE ARCHITECTURE, 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—GENERAL ARCHITECTURE, INTERIOR DESIGN/SPACE PLANNING ARCHITECTURE, TOWN PLANNING ARCHITECTURE, AND HISTORICAL PRESERVATION 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 3—CIVIL ENGINEERING, LAND SURVEYING SERVICES • Brian Bellino, City Surveyor, Public Works, City of Miami Beach • Jose Perez, Capital Projects Coordinator, CIP, City of Miami Beach • Jose Rivas, Civil Engineer III, Public Works, City of Miami Beach; and GROUP 4— MECHANICAL, ELECTRICAL, AND PLUMBING ENGINEERING, AND 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; the Committee for Group 3 convened on March 31, 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 Landscape Architecture was as follows: Keith and Schnars, P.A., top ranked; AECOM Technical Services, Inc., second highest ranked; Kimley-Horn and Associates, Inc., third highest ranked, Craven, Thompson & Associates, Inc., fourth highest ranked; Miller Legg & Associates, Inc., fifth highest ranked; Chen Moore and Associates, Inc., sixth highest ranked; and WHEREAS, the Committee's ranking for the discipline of General Architecture was as follows: Kobi Karp Architecture & Interior Design, Inc., top ranked; Glavovic Studio, Inc., M.C. Harry & Associates, Inc., and Stantec Consulting Services, Inc., all tied as the second highest ranked firms; BEA Architects, Inc., fifth highest ranked; Bermello, Ajamil, & Partners, Inc., as the sixth highest ranked; Edward Lewis Architects, Inc., as the seventh highest ranked; Wolfberg Alvarez and Partners, Inc., as the eight highest ranked, R. J. Heisenbottle Architects, P.A., as the ninth highest ranked, SBLM Architects, P.C., as the tenth highest ranked, Rodriguez Architects, Inc., as the eleventh highest ranked, CPH, Inc., as the twelfth highest ranked; HAKS Engineers, Architects and Land Surveyors, P.C., as the thirteenth highest ranked; CIMA Engineering Corp., as the fourteenth highest ranked; and WHEREAS, the Committee's ranking for the discipline of Town Planning Architecture was as follows: Zyscovich, Inc., top ranked; The Corradino Group, second highest ranked; and WHEREAS, the Committee's ranking for the discipline of Historical Preservation Architecture was as follows: R. J. Heisenbottle Architects, P.A., top ranked; William B. Medellin Architect, P.A., second highest ranked; Douglas Wood Associates, Inc., third highest ranked, Bender& Associates Architects, P.A., fourth highest ranked; and WHEREAS, the Committee's ranking for the discipline of Civil Engineering was as follows: Wade Trim, Inc., top ranked; Stantec Consulting Services, Inc., second highest ranked; Kimley-Horn And Associates, Inc., third highest ranked, Pure Engineering Services, Inc., fourth highest ranked; Schwebke - Shiskin & Associates, Inc., fifth highest ranked; Stanley Consultants, Inc., as the sixth highest ranked; BCC Engineering, Inc., and R.J. Behar & Company, Inc., both tied as the seventh highest ranked firm, Craven Thompson And Associates, Inc., as the ninth highest ranked, Brindley Pieters & Associates, Inc., as the tenth highest ranked, Chen Moore And Associates, Inc., as the eleventh highest ranked, CPH, INC., as the twelfth highest ranked; Milian, Swain &Associates, Inc., as the thirteenth highest ranked; Coastal Systems International, Inc., as the fourteenth highest ranked; Keith And Schnars, P.A., as the fifteenth highest ranked; CB&I Environmental & Infrastructure, Inc., as the sixteenth highest ranked; CES Consultants, Inc., as the seventeenth highest ranked; Lockwood, Andrews & Newman, Inc., as the eighteenth highest ranked; HAKS Engineers Architects and Land Surveyors, P.C., as the nineteenth highest ranked; EAC Consulting, Inc., as the twentieth highest ranked; The Corradino Group as the twenty first highest ranked; Robayna and Associates, Inc., as the twenty second highest ranked; Biscayne Engineering Company, Inc., as the twenty third highest ranked; Miller Legg & Associates, Inc., as the twenty fourth highest ranked; Ross Engineering, Inc., as the twenty fifth highest ranked; Cummins Cederberg, Inc., as the twenty sixth highest ranked; and WHEREAS, the Committee's ranking for the discipline of Land Surveying was as follows: Schwebke - Shiskin & Associates, Inc., top ranked; Triangle Surveying and Mapping, Inc., second highest ranked; Keith and Schnars, P.A., third highest ranked, Biscayne Engineering Company, Inc., fourth highest ranked; Craven Thompson And Associates, Inc, fifth highest ranked; Robayna And Associates, Inc., as the sixth highest ranked; Marlin Engineering, Inc., as the seventh highest ranked; CB&I Environmental & Infrastructure, Inc., as the eight highest ranked, Miller Legg &Associates, In., as the ninth highest ranked; and WHEREAS, the Committee's ranking for the discipline of Mechanical, Electrical, and Plumbing Engineering was as follows: TLC Engineering for Architecture, Inc. top ranked; Wolfberg Alvarez & Partners, Inc., second highest ranked, RGD Associates, Inc. DBA RGD Consulting Engineers, third highest ranked; and WHEREAS, the proposals received under the discipline of Planning and Urban Design Architecture, Environmental Engineering, Interior Design and Space Planning Architecture, and Structural Engineering are still being reviewed by the Procurement Department to ensure compliance with the requirements of the RFQ; and WHEREAS, once the review of the proposals received under the aforementioned disciplines is complete, an agenda item will be prepared and presented at the next available City Commission meeting; and WHEREAS, after reviewing all the submissions and the Evaluation Committee's rankings, the City Manager exercised his due diligence and concurs with the Committee's rankings. 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 No. 2014-346-YG, for Professional Architectural and Engineering Services in specialized categories on an as-needed basis (the "RFQ"); authorizing the Administration to enter into negotiations with Keith and Schnars, P.A., AECOM Technical Services, Inc., Kimley-Horn and Associates, Inc., Craven, Thompson & Associates, Inc., and Miller Legg & Associates, Inc., for the discipline of Landscape Architecture; authorizing the administration to enter into negotiations with Kobi Karp Architecture & Interior Design, Inc., Glavovic Studio, Inc., M.C. Harry & Associates, Inc., Stantec Consulting Services, Inc., and BEA Architects, Inc., for the discipline of General Architecture;authorizing the Administration to enter into negotiations with Zyscovich, Inc., The Corradino Group, Inc., for the discipline of Town Planning Architecture; authorizing the administration to enter into negotiations with R. J. Heisenbottle Architects, P.A., William B Medellin Architect P.A., Douglas Wood Associates, Inc., Bender & Associates Architects, P.A., for the discipline of Historical Preservation Architecture; authorizing the administration to enter into negotiations with Wade Trim, Inc., Stantec Consulting Services, Inc., Kimley-Horn and Associates, Inc., PURE Engineering Services, Inc., and Schwebke - Shiskin &Associates, Inc., for the discipline of Civil Engineering; authorizing the administration to enter into negotiations with Schwebke - Shiskin & Associates, Inc., Triangle Surveying and Mapping, Inc., Keith and Schnars, P.A., Biscayne Engineering Company, Inc., and Craven Thompson and Associates, Inc., for the discipline of Land Surveying; authorizing the administration to enter into negotiations with TLC Engineering for Architecture, Inc., Wolfberg Alvarez & Partners, Inc., and RGD Associates, Inc. d/b/a RGD Consulting Engineers for the discipline of Mechanical, Electrical, and Plumbing 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 /0 day of 71Ji2O1 5. ATTEST: -// 1;7/. CP I Rafael E. ranado, City '++1+1 Philip Le f `1 ..8� 14i, T:WGENDA120151June1PR000R. ENT12014--�:--= � a•.�ofesgiona w hit-•�1=1 and Engineering Services-Reso.docx - „flip * INCORP ORATED: • •• ' r) �/ � nl 1 Qf 12 IL 7S -' APPROVED AS TO FORM &LANGUAGE • &FOR EXECUTION 3 -‘5 City Attorney Date 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 PROPOSALS (RFP) NO. 2014-346-YG, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN AS-NEEDED-BASIS, FOR THE DISCIPLINES OF LANDSCAPE ARCHITECTURE, GENERAL ARCHITECTURE, TOWN PLANNING ARCHITECTURE, HISTORICAL PRESERVATION ARCHITECTURE, CIVIL ENGINEERING, LAND SURVEYING, AND MECHANICAL, ELECTRICAL, AND PLUMBING 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. Because of the magnitude of the scope of the RFQ, including all the service categories requested, the Administration has evaluated and has herein made recommendations for award by category group. On February 26, 2015, March 19, 2015, March 31, 2015, and April 8, 2015, the Evaluation Committees appointed by the City Manager via LTC # 054-2015 convened to evaluate Groups 1, 2, 3, and 4, respectively, The Committees were instructed to score and rank the proposals received pursuant to the evaluation criteria established in the RFQ. The results of the evaluation committee process were presented to the City Manager for his recommendation to the City Commission. 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. This agenda item addresses only an award recommendation for the following disciplines: Landscape Architecture, General Architecture, Town Planning Architecture, Historical Preservation Architecture, Civil Engineering, Land Surveying, and Mechanical, Electrical, and Plumbing Engineering. The proposals received under the discipline of Planning and Urban Design Architecture, Environmental Engineering, Interior Design and Space Planning Architecture, and Structural Engineering are still being reviewed. Once the review of the proposals received under the aforementioned disciplines is complete, an agenda item will be prepared and presented at the next available City Commission meeting. After reviewing the submission and the Evaluation Committee's rankings of proposals received, 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 6 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. OBPI City Clerk's Office Legislative Tracking:Alex Denis, Extension 6641 Sign-Offs: , p ' it e artment Director Assi ,� Manager Cit M a er g y 9 AP 'EECq DM MT WAl I JLM T:IAGEND v0151June1PROCUREMENT12014-346-YG RFQ-Professional Architectural and Engineering Services-Summa .do x 43 AGENDA ! M C 7 waePsm, MIAMIBEACH 1 1 I+U DATE 6-10—(S` MIAMI BI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov C MMISSI• MEMORANDUM TO: Mayor Philip Levine and Members he City Co / ission FROM: Jimmy L. Morales, City Manager DATE: June 10, 2015 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEP NG THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2014-346-YG, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN AS-NEEDED-BASIS, FOR THE DISCIPLINES OF LANDSCAPE ARCHITECTURE, GENERAL ARCHITECTURE, TOWN PLANNING ARCHITECTURE, HISTORICAL PRESERVATION ARCHITECTURE, CIVIL ENGINEERING, LAND SURVEYING, AND MECHANICAL, ELECTRICAL, AND PLUMBING 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. 144 Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Proposals(RFP) No. 2014-346-YG, for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. June 10, 2015 Page 2 The City received proposals in response to the RFQ from the following fifty-one (51)firms: AECOM Technical Services Marlin Engineering Barmello 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 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 — LANDSCAPE ARCHITECTURE, 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 GROUP 2—GENERAL ARCHITECTURE, INTERIOR DESIGN/SPACE PLANNING ARCHITECTURE, TOWN PLANNING ARCHITECTURE, AND HISTORICAL PRESERVATION 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 145 Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Proposals(RFP)No. 2014-346-YG, for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. June 10, 2015 Page 3 GROUP 3—CIVIL ENGINEERING, LAND SURVEYING SERVICES • Brian Bellino, City Surveyor, Public Works, City of Miami Beach • Jose Perez, Capital Projects Coordinator, CIP, City of Miami Beach • Jose Rivas, Civil Engineer III, Public Works, City of Miami Beach GROUP 4— MECHANICAL, ELECTRICAL, AND PLUMBING ENGINEERING, AND 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 Because of the magnitude of the scope of the RFQ, including all the service categories requested, the Administration has evaluated and has herein made recommendations for award by category group. For Group 1, the Committee convened on February 26, 2015 to consider proposals received for Landscape Architecture, Planning and Urban Design Architecture, and Environmental Engineering. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process for Group 1 resulted in the ranking of proposers as indicated below. The proposals received under the discipline of Planning and Urban Design Architecture and Environmental Engineering (Group 1) are still being reviewed by the Procurement Department to ensure compliance with the requirements of the RFQ. Once the review of the proposals is complete, an agenda item will be prepared and presented at the next available City Commission meeting. LANDSCAPE ARCHITECTURE kRF50:::.vistr ,.; ! Archsitectueai:an `` Engineering''.Servlce* LOW %s L. lND$d PE t,: Margarita Rogelio Humberto 4�? AGGREGATE R tEcTURE} • Wells Ranking Madan Ranking Cabanas Ranking a',_ TOTALS Rank KEITH AND SCHNARS, `»y P.A. 93 1 95 1 83 2 4 1 i, AECOM TECHNICAL SERVICES,INC. 78 3 90 2 87 1 ':, 6 2 KIMLEY-HORN AND ASSOCIATES,INC. 81 2 78 3 83 _ 2 7 3 CRAVEN,THOMPSON& I , ASSOCIATES,INC. 76 4 61 6 82 4 14 4 MILLER LEGG& ASSOCIATES,INC. 74 5 65 5 77 5 15 5 , CHEN MOORE AND E'. ASSOCIATES,INC. 70 6 69 4 70 6 .�' 16 _ 6 146 Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Proposals(RFP)No. 2014-346-YG, for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. June 10, 2015 Page 4 For Group 2, the Committee convened on March 19, 2015 to consider proposals received for General Architecture, Interior Design and Space Planning Architecture, Town Planning Architecture, and Historical Preservation Architecture. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process for Group 2 resulted in the ranking of proposers as indicated below. The proposals received under the discipline of Interior Design and Space Planning (Group 2) are still being reviewed by the Procurement Department to ensure compliance with the requirements of the RFQ. Once the review of the proposals is complete, an agenda item will be prepared and presented at the next available City Commission meeting. GENERAL ARCHITECTURE y Profess[a Air, rat*1 L W q :E8 : ,Lea Deborah Rogelio Valeria AGGREGATE I?6ENER, ,,,RG'1 - Tackett Ranking Madan Ranking Mejia Ranking .. TOTALS Rank KO81 KARP ARCHITECTURE& INTERIOR DESIGN,INC. 95 1 92 3 90 4 8 1 GLAVOVIC STUDIO,INC. 88 3 85 8 98 1 :` 12 2 M.C.HARRY&ASSOCIATES, ;1? INC. 94 2 89 7 93 3 12 2 STANTEC CONSULTING G° SERVICES.INC. 87 4 95 1 86 7 12 2 BEA ARCHITECTS,INC. 85 6 90 6 95 2 14 5 BERMELLO AJAMIL& PARTNERS,INC. 84 7 92 3 88 5 15 6 EDWARD LEWIS ARCHITECTS, INC. 80 10 93 2 88 5 17 7 WOLFBERG ALVAREZ AND PARTNERS,INC. 84 7 91 5 80 8 i 20 8 R.J.HEISENBOTTLE ARCHITECTS,P.A. 87 4 78 9 75 10 23 9 SBLM ARCHITECS,P.C. 84 7 74 11 80 8 ,;,: 26 10 RODRIGUEZ ARCHITECTS,INC. 71 11 69 13 75 10 x 34 11 _CPR INC. 57 12 75 10 65 13 K 35 12 r. HAKS ENGINEERS,ARCHITECTS AND LAND SURVEYORS,P.C. 57 12 70 12 55 14 ';: 38 13 ,CIMA ENGINEERING CORP. 56 14 _ 66 14 70 12 40 14 TOWN PLANNING ARCHITECTURE RFQ:#2Q14-4C Cs ,,41 _ Pro1eslSkirtat :Arch►tecturaiganti I: kg.A. L ngfneering Se rtces,'.. Deborah Rogelio Valeria a AGGREGATE '`.;(TOWN PLANNING)•s:,.;' Tackett Ranking Madan Ranking Mejia Ranking '' TOTALS Rank ZYSCOVICH,INC. 97 1 84 1 100 1 =,;; 3 1 THE CORRADINO GROUP 75 2 76 2 83 2 „'2 6 2 I HISTORICAL PRESERVATION ARCHITECTURE ro � PrOfeare*41��.u ,;'3 It ti5. a1r-41,1 0 ir; LOW EiEtSa .eia '� , �Y R1 CA L ,,, Deborah Rogelio Valeria AGGREGATE > _4t4e, 4 `A ; Tackett Ranking Madan Ranking Mejia Ranking -s?:= TOTALS Rank R.J.HEISENBOTTLE ''J ARCHITECTS.P.A. 100 1 99 1 90 1 3 1 WILLIAM B MEDELLIN ARCHITEC P.A. 93 3 97 2 90 1 c';',`, 6 2 DOUGLAS WOOD ASSOCIATES,INC" 96 2 91 3 75 4 9 3 BENDER&ASSOCIATES ARCHITECTS ARCHITECTS,P.A. 83 4 84 4 i 80 3 iI 11 4 147 Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Proposals(RFP)No. 2014-346-YG,for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. June 10, 2015 Page 5 For Group 3, the Committee convened on March 31, 2015 to consider proposals received for Civil Engineering and Land Surveying. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process for Group 3 resulted in the ranking of proposers as indicated below. CIVIL ENGINEERING oQ; 2a' -liG Pr ofess aic'. ,, arcciitec_tti rar a Eng1neeitni> y: Brian Jose A. Pedro ii AGGREGATE (CIVIL ENGINEERING ,.".,,;.,,,", ,. ..., ",;;_ }.:,..,z, Bellino Ranking Perez Ranking Fuentes Ranking TOTALS Rank WADE TRIM,INC. 95 2 97 1 81 8 11 1 STANTEC CONSULTING SERVICES, INC. 90 4 90 6 91 2 12 2 KIMLEY-HORN AND ASSOCIATES,INC. 83 10 90 6 96 1 17 3 PURE ENGINEERING SERVICES,INC. 86 8 89 8 89 3 ! 19 4 SCHWEBKE-SHISKIN&ASSOCIATES, off. INC. 96 1 95 3 62 24 28 5 STANLEY CONSULTANTS,INC. 84 9 82 15 84 5 29 6 BCC ENGINEERING,INC. 75 17 93 4 79 9 I 30 7 R.J.BEHAR&COMPANY,INC. 88 6 83 14 77 10 r- ! 30 7 CRAVEN THOMPSON AND ASSOCIATES,INC. 94 3 87 11 70 18 32 9 BRINDLEY PIETERS&ASSOCIATES, INC. 76 15 96 2 71 17 ''3' 34 10 CHEN MOORE AND ASSOCIATES,INC. 76 15 80 17 86 4 36 11 CPH,INC. 78 13 86 12 74 11 if 36 11 MILIAN,SWAIN&ASSOCIATES,INC. 87 7 88 9 67 20 I 36 11 COASTAL SYSTEMS INTERNATIONAL, =` INC. 75 17 88 9 74 11 i 37 14 KEITH AND SCHNARS,P.A. 90 4 74 22 73 13 39 15 CB&I ENVIRONMENTAL& INFRASTRUCTURE,INC. 71 21 81 16 83 6 43 16 CES CONSULTANTS,INC. 72 20 91 5 69 19 44 17 , LOCKWOOD,ANDREWS&NEWMAN, INC. 79 12 70 26 82 7 45 18 HAKS ENGINEERS ARCHITECTS AND LAND SURVEYORS,P.C. 80 11 75 21 72 16 , 48 19 EAC CONSULTING,INC. 77 14 73 23 73 13 50 20 THE CORRADINO GROUP 71 21 78 18 73 13 52 21 ROBAYNA AND ASSOCIATES,INC. 74 19 84 13 65 22 _ 54 22 BISCAYNE ENGINEERING COMPANY, INC. 70 23 76 20 64 23 66 23 MILLER LEGG&ASSOCIATES,INC. 69 24 72 25 66 21 70 24 ROSS ENGINEERING,INC. 68 25 77 19 60 26 70 24 CUMMINS CEDERBERG,INC. 67 26 73 23 61 25 74 26 LAND SURVEYING I ;°RFQ#201!4.346-YG - Proes(oa{Arc cua ;N i Lou_ ngirteeni,, r td#,k = Brian Jose A. Pedro AGGREGATE k(LAN� YI IGj", 4 Bellino Ranking Perez Ranking Fuentes Ranking T TALS Rank SCHWEBKE-SHISKIN& ASSOCIATES,INC. 100 1 96 1 80 2 4 1 TRIANGLE SURVEYING AND MAPPING,INC. 91 2 93 2 77 4 `- 8 2 KEITH AND SCHNARS,P.A. 87 3 83 7 83 1 PliI67 11 3 BISCAYNE ENGINEERING COMPANY,INC. 83 7 87 3 79 3 13 4 CRAVEN THOMPSON AND ASSOCIATES,INC. 86 4 84 6 69 5 15 5 ROBAYNA AND ASSOCIATES 85 5 85 5 _ 68 6 16 6 MARLIN ENGINEERING.INC. 84 6 86 4 63 8 ti 18 7 CB&I ENVIRONMENATAL& INFRASTRUCTURE 75 9 82 8 67 7 .;. 24 8 MILLER LEGG&ASSOCIATES, INC. 77 8 75 9 60 9 t 26 9 148 Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Proposals(RFP)No. 2014-346-YG,for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. June 10, 2015 Page 6 For Group 4, the Committee convened on April 8, 2015 to consider proposals received for Structural Engineering and Mechanical, Electrical, and Plumbing Engineering. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process for Group 4 resulted in the ranking of proposers as indicated below. The proposals received under the discipline of Structural Engineering (Group 4) are still being reviewed by the Procurement Department to ensure compliance with the requirements of the RFQ. Once the review of the proposals is complete, an agenda item will be prepared and presented at the next available City Commission meeting. MECHANICAL, ELECTRICAL, AND PLUMBING RFQ:#:2O14-346-YG Prafessiionat Arch itec`tc ral and Eng eertng Serves LOW 4MECI4ANiCAL,Et ECTRICAt Oniel Jose A. Sabrina AGGREGATE AND'PI,.UIMBING is '4., Toledo Ranking Perez Ranking Baglieri Ranking °: TOTALS I Rank TLC Engineering for Architecture, Inc. 100 1 88 1 93 1 3 1 Wolfberg Alvarez&Partners,Inc. 86 2 85 3 90 2 kt= 7 2 RGD Associates,Inc.DBA RGD .. I Consulting Engineers 73 3 87 2 85 3 8 3 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. This agenda item addresses only an award recommendation for the following disciplines: Landscape Architecture, General Architecture, Town Planning Architecture, Historical Preservation Architecture, Civil Engineering, Land Surveying, and Mechanical, Electrical, and Plumbing Engineering. The proposals received under the discipline of Planning and Urban Design Architecture, Environmental Engineering, Interior Design and Space Planning Architecture, and Structural Engineering are still being reviewed by the Procurement Department to ensure compliance with the requirements of the RFQ. Once the review of the proposals received under the aforementioned disciplines is complete, an agenda item will be prepared and presented at the next available City Commission meeting. MANAGER'S DUE DILIGENCE & RECOMMENDATION After reviewing all the submissions and the results of the evaluation process, the City Manager recommends that the Administration be authorized to enter into negotiations as follows: Keith and Schnars, P.A., AECOM Technical Services, Inc., Kimley-Horn and Associates, Inc., Craven, Thompson & Associates, Inc., and Miller Legg & Associates, Inc., for the discipline of Landscape Architecture. Kobi Karp Architecture & Interior Design, Inc., Glavovic Studio, Inc., M.C. Harry & Associates, Inc., Stantec Consulting Services, Inc., BEA Architects, Inc., for the discipline of General Architecture. Zyscovich, Inc., and The Corradino Group, Inc., for the discipline of Town Planning Architecture. 149 Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of Proposals pursuant to Request For Proposals(RFP) No. 2014-346-YG,for Professional Architectural and Engineering Services In Specialized Categories On An As-Needed-Basis. •-■ June 10, 2015 Page 7 R. J. Heisenbottle Architects, P.A., William B Medellin Architect P.A., Douglas Wood Associates, Inc., Bender & Associates Architects, P.A., for the discipline of Historical Preservation Architecture. Wade Trim, Inc., Stantec Consulting Services, Inc., Kimley-Horn and Associates, Inc., PURE Engineering Services, Inc., and Schwebke - Shiskin & Associates, Inc., for the discipline of Civil Engineering. Schwebke - Shiskin & Associates, Inc., Triangle Surveying and Mapping, Inc., Keith and Schnars, P.A., Biscayne Engineering Company, Inc., and Craven Thompson and Associates, Inc., for the discipline of Land Surveying. TLC Engineering For Architecture, Inc., Wolfberg Alvarez & Partners, Inc., and RGD Associates, Inc. d/b/a RGD Consulting Engineers for the discipline of Mechanical, Electrical, and Plumbing Engineering. 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. JLM/MT/AD/YG T:I AGENDA12015 1June1PROCUREMENT12014-346-YG RFC's-Professional Architectural and Engineering Services-Memo(Revised 6.2.2015).docx • 150 RESOLUTION NO. 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 FOR GROUP 1 - LANDSCAPE ARCHITECTURE, PLANNING AND URBAN DESIGN ARCHITECTURE, AND ENVIRONMENTAL ENGINEERING, AND GROUP 2 - TOWN PLANNING ARCHITECTURE, INTERIOR DESIGN & SPACE PLANNING ARCHITECTURE, AND HISTORICAL PRESERVATION ARCHITECTURE, AND GROUP 3 - CIVIL ENGINEERING AND LAND SURVEYING, AND GROUP 4 - STRUCTURAL ENGINEERING AND MECHANICAL, ELECTRICAL, AND PLUMBING ENGINEERING, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014-346-YG, FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN AS-NEEDED BASIS (THE "RFQ"); AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KEITH AND SCHNARS, P.A., AECOM TECHNICAL SERVICES, INC., KIMLEY-HORN AND ASSOCIATES, INC., CRAVEN, THOMPSON & ASSOCIATES, INC., AND MILLER LEGG & ASSOCIATES, INC., FOR THE DISCIPLINE OF LANDSCAPE ARCHITECTURE;; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KOBI KARP ARCHITECTURE & INTERIOR DESIGN, INC., GLAVOVIC STUDIO, INC., M.C. HARRY & ASSOCIATES, INC., STANTEC CONSULTING SERVICES, INC., AND BEA ARCHITECTS, INC., FOR THE DISCIPLINE OF GENERAL ARCHITECTURE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ZYSCOVICH, INC., AND THE CORRADINO GROUP, INC., FOR THE DISCIPLINE OF TOWN PLANNING ARCHITECTURE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH R. J. HEISENBOTTLE ARCHITECTS, P.A., WILLIAM B MEDELLIN ARCHITECT P.A., DOUGLAS WOOD ASSOCIATES, INC., BENDER & ASSOCIATES ARCHITECTS, P.A., FOR THE DISCIPLINE OF HISTORICAL PRESERVATION ARCHITECTURE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WADE TRIM, INC., STANTEC CONSULTING SERVICES, INC., KIMLEY-HORN AND ASSOCIATES, INC., PURE ENGINEERING SERVICES, INC., AND SCHWEBKE - SHISKIN & ASSOCIATES, INC., FOR THE DISCIPLINE OF CIVIL ENGINEERING; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH SCHWEBKE - SHISKIN & ASSOCIATES, INC., TRIANGLE SURVEYING AND MAPPING, INC., KEITH AND SCHNARS, P.A., BISCAYNE ENGINEERING COMPANY, INC., AND CRAVEN THOMPSON AND ASSOCIATES, INC., FOR THE DISCIPLINE OF LAND SURVEYING; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TLC ENGINEERING FOR ARCHITECTURE, INC., WOLFBERG ALVAREZ & PARTNERS, INC., AND RGD ASSOCIATES, INC. D/B/A RGD CONSULTING ENGINEERS FOR THE DISCIPLINE OF MECHANICAL, ELECTRICAL, AND PLUMBING 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 151 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 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, 3, and 4 consisted of the following individuals: GROUP 1 —LANDSCAPE ARCHITECTURE, 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—GENERAL ARCHITECTURE, INTERIOR DESIGN/SPACE PLANNING ARCHITECTURE,TOWN PLANNING ARCHITECTURE, AND HISTORICAL PRESERVATION 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 3—CIVIL ENGINEERING, LAND SURVEYING SERVICES • Brian Bellino, City Surveyor, Public Works, City of Miami Beach • Jose Perez, Capital Projects Coordinator, CIP, City of Miami Beach • Jose Rivas, Civil Engineer III, Public Works, City of Miami Beach; and GROUP 4— MECHANICAL, ELECTRICAL, AND PLUMBING ENGINEERING, AND 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 152 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; the Committee for Group 3 convened on March 31, 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 Landscape Architecture was as follows: Keith and Schnars, P.A., top ranked; AECOM Technical Services, Inc., second highest ranked; Kimley-Horn and Associates, Inc., third highest ranked, Craven, Thompson & Associates, Inc., fourth highest ranked; Miller Legg & Associates, Inc., fifth highest ranked; Chen Moore and Associates, Inc., sixth highest ranked; and WHEREAS, the Committee's ranking for the discipline of General Architecture was as follows: Kobi Karp Architecture & Interior Design, Inc., top ranked; Glavovic Studio, Inc., M.C. Harry & Associates, Inc., and Stantec Consulting Services, Inc., all tied as the second highest ranked firms; BEA Architects, Inc., fifth highest ranked; Bermello, Ajamil, & Partners, Inc., as the sixth highest ranked; Edward Lewis Architects, Inc., as the seventh highest ranked; Wolfberg Alvarez and Partners, Inc., as the eight highest ranked, R. J. Heisenbottle Architects, P.A., as the ninth highest ranked, SBLM Architects, P.C., as the tenth highest ranked, Rodriguez Architects, Inc., as the eleventh highest ranked, CPH, Inc., as the twelfth highest ranked; HAKS Engineers, Architects and Land Surveyors, P.C., as the thirteenth highest ranked; CIMA Engineering Corp., as the fourteenth highest ranked; and WHEREAS, the Committee's ranking for the discipline of Town Planning Architecture was as follows: Zyscovich, Inc., top ranked; The Corradino Group, second highest ranked; and WHEREAS, the Committee's ranking for the discipline of Historical Preservation Architecture was as follows: R. J. Heisenbottle Architects, P.A., top ranked; William B. Medellin Architect, P.A., second highest ranked; Douglas Wood Associates, Inc., third highest ranked, Bender&Associates Architects, P.A., fourth highest ranked; and WHEREAS, the Committee's ranking for the discipline of Civil Engineering was as follows: Wade Trim, Inc., top ranked; Stantec Consulting Services, Inc., second highest ranked; Kimley-Horn And Associates, Inc., third highest ranked, Pure Engineering Services, Inc., fourth highest ranked; Schwebke - Shiskin & Associates, Inc., fifth highest ranked; Stanley Consultants, Inc., as the sixth highest ranked; BCC Engineering, Inc., and R.J. Behar & Company, Inc., both tied as the seventh highest ranked firm, Craven Thompson And Associates, Inc., as the ninth highest ranked, Brindley Pieters & Associates, Inc., as the tenth highest ranked, Chen Moore And Associates, Inc., as the eleventh highest ranked, CPH, INC., as the twelfth highest ranked; Milian, Swain & Associates, Inc., as the thirteenth highest ranked; Coastal Systems International, Inc., as the fourteenth highest ranked; Keith And Schnars, P.A., as the fifteenth highest ranked; CB&I Environmental & Infrastructure, Inc., as the sixteenth highest ranked; CES Consultants, Inc., as the seventeenth highest ranked; Lockwood, Andrews & Newman, Inc., as the eighteenth highest ranked; HAKS Engineers Architects and Land Surveyors, P.C., as the nineteenth highest ranked; EAC Consulting, Inc., as the twentieth 153 highest ranked; The Corradino Group as the twenty first highest ranked; Robayna and Associates, Inc., as the twenty second highest ranked; Biscayne Engineering Company, Inc., as the twenty third highest ranked; Miller Legg & Associates, Inc., as the twenty fourth highest ranked; Ross Engineering, Inc., as the twenty fifth highest ranked; Cummins Cederberg, Inc., as the twenty sixth highest ranked; and WHEREAS, the Committee's ranking for the discipline of Land Surveying was as follows: Schwebke - Shiskin & Associates, Inc., top ranked; Triangle Surveying and Mapping, Inc., second highest ranked; Keith and Schnars, P.A., third highest ranked, Biscayne Engineering Company, Inc., fourth highest ranked; Craven Thompson And Associates, Inc, fifth highest ranked; Robayna And Associates, Inc., as the sixth highest ranked; Marlin Engineering, Inc., as the seventh highest ranked; CB&I Environmental & Infrastructure, Inc., as the eight highest ranked, Miller Legg &Associates, In., as the ninth highest ranked; and WHEREAS, the Committee's ranking for the discipline of Mechanical, Electrical, and Plumbing Engineering was as follows: TLC Engineering for Architecture, Inc. top ranked; Wolfberg Alvarez & Partners, Inc., second highest ranked, RGD Associates, Inc. DBA RGD Consulting Engineers, third highest ranked; and WHEREAS, the proposals received under the discipline of Planning and Urban Design Architecture, Environmental Engineering, Interior Design and Space Planning Architecture, and Structural Engineering are still being reviewed by the Procurement Department to ensure compliance with the requirements of the RFQ; and WHEREAS, once the review of the proposals received under the aforementioned disciplines is complete, an agenda item will be prepared and presented at the next available City Commission meeting; and WHEREAS, after reviewing all the submissions and the Evaluation Committee's rankings, the City Manager exercised his due diligence and concurs with the Committee's rankings. 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 No. 2014-346-YG, for Professional Architectural and Engineering Services in specialized categories on an as-needed basis (the "RFQ"); authorizing the Administration to enter into negotiations with Keith and Schnars, P.A., AECOM Technical Services, Inc., Kimley-Horn and Associates, Inc., Craven, Thompson & Associates, Inc., and Miller Legg & Associates, Inc., for the discipline of Landscape Architecture; authorizing the administration to enter into negotiations with Kobi Karp Architecture & Interior Design, Inc., Glavovic Studio, Inc., M.C. Harry & Associates, Inc., Stantec Consulting Services, Inc., and BEA Architects, Inc., for the discipline of General Architecture;authorizing the Administration to enter into negotiations with Zyscovich, Inc., The Corradino Group, Inc., for the discipline of Town Planning Architecture; authorizing the administration to enter into negotiations with R. J. Heisenbottle Architects, P.A., William B Medellin Architect P.A., Douglas Wood Associates, Inc., Bender & Associates Architects, P.A., for the discipline of Historical Preservation Architecture; authorizing the administration to enter into negotiations with Wade Trim, Inc., Stantec Consulting Services, Inc., Kimley-Horn and Associates, Inc., PURE Engineering Services, Inc., and Schwebke - Shiskin & Associates, Inc., for the discipline of Civil Engineering; authorizing the administration to enter into negotiations with Schwebke - Shiskin & 154 Associates, Inc., Triangle Surveying and Mapping, Inc., Keith and Schnars, P.A., Biscayne Engineering Company, Inc., and Craven Thompson and Associates, Inc., for the discipline of Land Surveying; authorizing the administration to enter into negotiations with TLC Engineering for Architecture, Inc., Wolfberg Alvarez & Partners, Inc., and RGD Associates, Inc. d/b/a RGD Consulting Engineers for the discipline of Mechanical, Electrical, and Plumbing 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 day of 2015. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor T:\AGENDA\2015\June\PROCUREMENT12014-346-YG RFQ-Professional Architectural and Engineering Services-Reso.docx APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION • a . A- Z.3 -,5 City Attorney Date 155 THIS PAGE INTENTIONALLY LEFT BLANK 156 ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) 34 MIAMIBEAçH 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. 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 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••- - r I ' 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 C1. 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 p YP p 9 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 staffs 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: Staffs 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. 032: 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 enqineer, 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 Cl. 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 costly,cost) , 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 AlE 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. Q47: 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. Q48: 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": yusbelgonzalez c(�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 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 II—General Qualifications To respond item 2.2, should we include sections 0-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. ALI ��' Denis Procurement Director 14 PRE-PROPOSAL MEEETING SIGN-IN SHEET OCTOBER 1 , 2014 15 MAMIBEACH CITY OF MIAMI BEACH PRE- PROPOSAL MEETING SIGN-IN SHEET 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 - CAB 305-673-7000 786-394-4073 vusbel 17onzalezramiamibeachtl.2ov ext. 6230 'gAUL S. 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Low X13 J c'.:1,{Lk'adf.L `' ,4�. ATE . W. 47/-A14,142 ,J+iY- W'4 trA 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 PRLNT) E-MAIL ADDRESS Yusbel Gonzalez Procurement-CMB 305-673-7000 786-394-4073 vusbelg.onzalez(d,miamibeachfi.,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 Theard 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 Wolfberg Alvarez& Partners 305)666-5474 Victor Herrera NV5 (954)495-2112 Douglass Man CBR.I 561.361.3148 MIAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING SIGN-IN SHEET (PARTICIPANTS ON THE PHONE) NAME COMPANY NAME (PLEASE PRINT) PHONE# FAX# E-MAIL ADDRESS Marrie Bennetham Jennifer Creed GOE Associates Daniel Goodman DEA Architects Sherry Miller Leggy (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) 265-5400 Shawn Stanley Consultants 786.762.4115 Mark URS Corporation (305) 262-7466 • . • • • • • • • • • • . 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S .ALO- USN bE2G C-P VOS_ -J, j S-3°1L•1��6 i�-3A2-��'� \teefict/LCcL 305 45'24Cv \of Dolt=• re_e -ickikAc__•coral . 6-yci 7-1 S-6Q Z_ R--- I l.J A M ( M{ BEAD H 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 N 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 vushely:onzalez(Emiamibeachtl.Rov ext. 6230 cm ciry 41...4.4./Ea< /3Ak G.a NOWA, 0 ACS'/!o ti� /4/01 l ist G..v X G a n/1 f2) - C I P 30S- 4,73 - Q lt1 ci wy: ct cerog a NI t iQ kiA r e.Q c-7- 1-joy —1°-1 I . Vane"-sset-- 7"L L r`t1yr j t«r t'Pt y 30 5 - 73erm ' &Z- oarp Cara. C buYati t l A' L-Fiw govt wc4*.or 3.5 G?L y VvktaiD VI ewVea f otok Nei ul bat det cilitt 1°t MIAMIBEACH 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 vusbelionzalezmiamibeachtl.Rov ext. 6230 a Lance Olsen Innovtec 352-459-1974 lance @innovtec.com James Kahn Keith and Schnars, PA 954-776-1616 ikahn«;ksfla.com Sharman Ciddi EAC Consulting 305-264-2557 Torn Brzezinski WadeTrim 813-882-4373 tbrzezinkski@wadetrim.com Jenny Alonso T.Y. Lin International 305-567-1888 Ext. 4034 Jennv.alonso a.tvlin.com Staci L. Bolinger Dunkelberger Engineering&Testing 561-494-7006 slbolin2er@terracon.com William Craven Pure Technologies 407-408-7631 William.craven(puretechltd.com Jennifer Priem GLE Associates 813-241-8350 jpriem(ii leassociates.com Judith A. Kemp Brindley Pieters & Associates 407-830-8700 jkemp1bpa-engineers.com Helmut J. Mueller Mueller& Associates, LLC 305-600-9070 muellerandassociates @gmail.com MIAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL MEETING (ADDITIONAL) SIGN-IN SHEET (PARTICIPANTS ON THE PHONE) NAME COMPANY NAME (PLEASE PRIVT) PHONE# FAX# E-MA L ADDRESS Ilker Uzun CPH Corp 305-274-4805 iuzun lcphcopr.com Brenda Kimley-Horn 407-898-1511 Iraldy Martin LIVS 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 1 • MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.migmibeachfl.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 MIAMi BEACH City of Miami Beach, 1700 Convention Center Drive,Micmi Beech,Florida 33139,www.rniamibecchfLgov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490 Fox: 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: Email: Yusbel Gonzalez 305-673-7000, ext. 6230 4 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. ce el 'x,71- -n s- °rocurement 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.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 p.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 YusbeIGonzalez @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 MIAM1BEACH 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 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. 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 I Miami Beach 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 r / genus 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 MIAMIBEACH 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.publicourchase.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 I 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 MIAMI 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 a(�,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 2014-346-SR 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://librarv.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions,which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CiTY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 IRFQ 2014-346-SR 5 iv IAME 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, 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 Managers 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 RFQ 2014-346-SR 6 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 RFe 2.1 --346- R 7 IAM1 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 2014-346-SR 8 MI AAA iBEACH 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 attorney's fees which may be incurred thereon. The contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 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. MODIFICATION/WITHDRAWALS OF QUALIFICATIONS. A Proposer may submit a modified Statement of Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 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 2014-346-SR 10 MIAMI l 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 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. 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. Staff's 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 iservlet/SupplierPortal?storeid=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. RFQ 2014-346-SR 12 MIAMI BEACH 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. Accepted DBE 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). RFC 201 4-346-SR 13 MI 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 /MIAMI BEACH 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 B C Step 1 Points 82 76 80 Step 2 Points 22 15 12 Committee Total 104 91 92 Member 1 Rank. . . 1 3 - - 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Committee' Total 101 100 84 Member 2 Rank ._ . : - 1 2 3 - - Step 1 Points 80 74 66 Step 2 ` Points 22 15 12 Committee Total 102 89 78 ..Member 2° : . :: Rank -... ..1 - . 2 .3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 *Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission,which may be different than final ranking results. RFC 2014-346-SR 15 APPENDIX A MIAMI BEACH 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 @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: 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 public sector agency? YES an 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 • 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 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 PROPOSER CERTIFICATION {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 AA I AM I BEACH " No RFQ N 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 Note: It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of Nod." The "Statement of No Bid" 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 0 future solicitations by 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 RFQ 2014-346-YG Appendix B — Page 1 APPENDIX C MIAMI BEACH Minimum Requirements & Specifications RFQ No. 201 4-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN "AS-NEEDED-BASIS" DEPARTMENT OF PROCUREMENT I00 Convention Center Drive Miami 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 i • 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(GLASS) 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 ^ BEACH 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 BeacM1, Florida 33139 FfC! '0in-34b vG Appendix 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 BEACH Insurance Requirements 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 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 X000000000( FOR PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES FOR THE XXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX 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(NE) SERVICES FOR THE XXXXXXXXXX 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 XXXXXXX)UCXX having its principal office at XXX)UCXXXXXXXXXXXXXXXXXXXXXXX(hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which,is more particularly described in the Scope of Services attached as Schedule"A" hereto, and wishes to engage the Consultant to provide specific professional services including, without limitation, NE services, for the Project, at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of the aforestated professional services relative to the Project, as hereinafter set forth; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY(OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized representatives designated in writing (including the 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 "XXXXXXXXXXXXX XXXXXXXXXXXXXXXX" 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: • X00X)00000( . 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 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 Y, 9 (and 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 XX)UUU<XX. 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. g) 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: X 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: XXX XXXXXXXX XXXXXX XXXXXXXXXXx)OO X XXXXXXXXXXXXXXX Attn: XXXXXXXXXXX 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 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub-consultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2 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. 9) 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:\atto\AGUR\AGREEMENT FORMSIA&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 signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH: CITY CLERK MAYOR CONSULTANT: XXXX Attest Signature/Secretary Signature/President Print Name Print Name • • - . - . l .. • • • • - , , �. _. _ • • .. • • • r - .. - -: - - ..- • • - _ .`. 1 • . _ - i.'• - - t r', - • .. �-7' - -• • n ..1 >- . - c• •.- - — _ ` - •r,. - - . • • • . - SCHEDULE A SCOPE OF SERVICES SCHEDULE B CONSULTANT COMPENSATION Schedule of Payments Planning Services* $ 0.00 Design Services* $X)0000(XX Bidding and Award Services $XXXX)O XX Construction Administration** $X)00O0(XX 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 SCHEDULE D COSTRUCTION COST BUDGET SCHEDULE E PROJECT SCHEDULE • SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT r SCHEDULE G INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS. • • i SCHEDULE H BEST VALUE AMENDMENT The Consultant agrees to abide by all the required documentation of the City's Performance Information Procurement System and submit the weekly reports. ATTACHMENT C CONSULTANT'S RESPONSE TO THE RFQ 35 TABLE OF CONTENTS TAB 1 Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter 1 1.2 Response Certification,Questionnaire&Requirements Affidavit(Appendix A) 3 1.3 Minimum Qualifications Requirements(P.E. Licenses) 11 TAB 2 Experience&Qualifications 2.1 Qualifications of Proposing Firm 14 2.2 Qualifications of Proposer Team(Architects and Engineers) 17 2.3 Financial Capacity 19 STANDARD FORMS SF330 Part I -A. Contract Information 20 SF330 Part I -.B. Architect-Engineer Point of Contact 20 SF330 Part I -C. Proposed Team 20 SF330 Part I -D. Organizational Chart of Proposed Team (2.2) 21 SF330 Part I -E. Resumes of Key Personnel Proposed for this Contract(2.2) 22 SF330 Part I—F. Example Projects (2.1) 32 TAB 3 Approach and Methodology 3.1 Project Approach 38 3.2 Project Management Plan 45 3.3 Current Workload and Ability to Meet Project Schedule 47 3.4 Verification of Intent to Utilize Disadvantaged Business Enterprise Firms 48 } • • • • • • • i • • • • . , TAB 1 Cover Letter & Minimum Qualifications Requirements December 2,2014 City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 Subject: RFQ 2014-346-YG PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN"AS-NEEDED BASIS" Dear Selection Committee, Pure Engineering Services Inc. (PES) is pleased to submit this proposal to provide specialized professional services to the City of Miami Beach (City). This proposal documents our unparalleled qualifications to perform specialized engineering services that may be required under this contract for Group B — Engineering(Civil),as outlined in the City's RFQ 2014-346-YG: • • Civil-Sewage Collection, Treatment and Disposal • Civil-Testing and Inspection Services • Civil- Water Supply Treatment and Distribution • Our team is confident that by utilizing a combination of state-of-the-art-technology and advanced condition assessment engineering, a comprehensive and defensible approach to pipeline management can be successfully implemented by the City in support of specific water and wastewater pipeline renewal and replacement projects. We have a strong team of more than 250 engineers, scientists and support staff dedicated to condition assessment and proactive management of pressure pipe. This is illustrated by the following highlights of our team: • Expertise: Our engineers and scientists have written national standards on condition assessment of force mains, pressurized water mains, numerous technical papers, and involvement on national committees including the 2010 Water Environment Research Foundation Report Condition Assessment of Wastewater Force Mains. This will enable our project team to provide you with state-of-the-art assessment solutions that address specific pipeline needs. • Approach: Our engineers and scientists are actively involved in research and development to provide new and innovative technologies and methods for the assessment of force mains. This knowledge allows PES to develop assessments that provide utilities with actionable information in order to successfully manage their critical pressure pipeline infrastructure. These approaches have saved our clients significant capital resources while extending the service life of their pipelines. • Experience: PES has managed the condition assessment of thousands of miles of pressure pipe and has developed or managed system wide assessment programs for Miami-Dade Water and Sewer Authority, IIPCIMBING MINIM Metropolitan St. Louis Sewer District, and the Baltimore County Bureau of Utilities. No other firm has more experience in managing water mains and wastewater force mains. • Project Management: Pure Technologies key staff members have extensive experience in managing large, multifaceted pipeline management projects and understands the importance of maintaining schedule and budget all while delivering a defensible project.Jason A.Johnson, P.E. will serve as your primary contact for this contract and will lead our team of engineers, scientists and technicians. Mr. Johnson has over 15 years of experience as a senior project manager and project engineer.As the past project manager for City of Miami Beach assignments, Mr. Johnson brings a unique understanding of City's systems and the added benefit of strong working relationships with City staff. This proposal demonstrates our unique ability to provide the City with industry leading pipeline condition assessment and management solutions. As critical water and wastewater infrastructure continues to age around the world, PES will continue to develop services that help mitigate risk and extend the useful life of pipelines. As Regional Manager for this contract, I am dedicated to meeting and exceeding the City's expectations in terms of quality-based, on-time deliverables. Working with Jason Johnson in his role as Project Manager, we commit our firm's local and national expertise and resources to meet the needs of any assignment. We look forward to the opportunity to again serve the City of Miami Beach. Thank you and best regards, A d 7/ , ,�� Mike Garaci Jason A.Johnson, P.E. Regional Manager Project Manager p: 416.574.4446 p: 305.779.5629 mike.garaci(@ouretechltd.com jason.johnsonPpuretechltd.com 2 • APPENDIX A MIAMI BEACH :, • . _ . 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 cenier Drive Miami Beach. Floritla 33139' Solicitation No: Solicitation Title: RFQ 2014-346-YG 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 yusbeloonzalez@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:Pure Engineering Services Inc. No of Years in Business:17 No of Years in Business Locally: No of Employees:35 local 5 3 , OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: PureService, Inc.; Openaka, Inc.. FIRM PRIMARY ADDRESS(HEADQUARTERS):8920 State Route 108, Suite D CITY:Columbia STATE: ZIP CODE: Maryland 21045 TELEPHONE NO.:. 443-766-7873 • • TOLL FREE NO.:800-537-2806 • Fax NO.:443-766-7877 FIRM LOCAL ADDRESS:8.78 South Dixie Highway, Suite 200 • CITY: Miami. STATEN Florida ZIP CODE:33146 • PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Jason A. Johnson, P.E. ACCOUNT REP TELEPHONE NO.:305-779-5629 ACCOUNT REP TOLL FREE NO 888-280-7873 • ACCOUNT REP EMAIL: jason.johnson@puretechltd.com . FEDERAL TAX IDENTIFICATION NO.: 71-0990538 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. . 4 1, Veteran Owned Business.Is ro oser claiming a veteran owned business status? YES X NO SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposals must disclose,in their Statement of Qualifications,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposals must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposals must disclose the name(s)of any officer, director, agent, or immediate family member (spouse, parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposals must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. 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 Iublic sector agency? YES WE 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. N/A 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 proposaVresponse 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/. Pure Engineering Services will adopt the City of Miami Beach Code of Ethics as required 6. ..•. *. ..• : • ,.: - .. • _::• .••• . . ••• ••. • --- •• ..... •. • • • I • •• •. • ••. • • .. • • .• • • • • • . • •.•.• •• . . •■••■ .• ••• • • -•: • -• •. •• 0. •• •• • • r • •• .•• •:• •••.•. • .•. : : ::: •: . Vie• •: . •. .:•• : •:• 5 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? x YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? x YES NO • C. Please check all benefits that apply to your answers above and list in the "other section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. • BENEFIT - Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health x . • x Sick Leave x x Family Medical Leave x x Bereavement Leave x x If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City • Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfi.gov/procuremenU. 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. • • • • 6 • • 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-prdcUremenC 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 nt to this solicitation. Failure _ to obtain and acknowledge receipt of all addendum may,result in proposal disqualification." r Initial to Confirm ' ' Initial toy Confirm, - Initial to Confirm _ _ - _ ceist ' ._ • Receipt. Receipt i•i. • Addendum 1 .Addendum 6 Addendum 11 • �'1 ,Addendum 2 &.`�; Addendum 7 Addendum 12 ,. ,,Addendum 3 ( .$" •, Addendum 8 Addendum 13 ,r; Addendum 4 Addendum 9 Addendum 14 - •' rl Addendum 5 - Addendum 10 Addendum 15 - . ' , If additi.9 co , ation of addendum is required,'submit under separate cover.: • 9, _ 7: • • • DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipients convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement Of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation: • Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only and does not constitute all or any part of an agreement. • The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the.City for any reason,or for no reason,without any resultant liability to the City. • The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date•and time selected for opening the responses. At that time all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations•as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such'inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. • Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. • In the event of any differences in-language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be • governed by and•construed in accordance with the laws of the State of Florida. • • • • • • • 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; Prop o"ser. has not divulged, discussed, or compared the proposal P 9 P P P 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 Resuirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Jason A. Johnson Senior Program Manager S. ature of Proposer ed Representative: Date: r ..�. of /2.4 • State of FLORIDA ) On this Voday of i)o✓wit2019personally appeared before mesaat snLso K who County of ni4ot f- �c��-) ' stated that (s)he is the $& t Peel*QA /''L r Off*. E,t . 54erld4ai, a corporation,and that the instrument was signed in be alf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. B: ore me: Notary Publi or the State 44 iorida ```,`,�,Illllf,f,/'' My Commission Expires: "4-Q_3 -0 !8 . ,�� �•f L.Fp6",, ���C '�1+M�SSiOti `O NUMBER • • FF 129099 =t• EXPIRES Z= Jun 03,2018 '°- SW***ate�''''` 'off/f11iSt ,` - i 9 `- ' Submittal:Requitement: Code of:Business -Ethics y r -� } � '- - - - -- Pure Engineering Services: Inc 'has reviewed- the City"of.;Miami Beach : required d by the;tity;ResolutionNao t ,' y ; 2000-23879: ' . _ '' ' 1 ti - • :- •'',. ( ' ' , • • y _ _ • • tom.. r . - - �.:. -- • - 10 •- . . . - -- i- E.ftflorida L `. •. .. . .'- (// a a Y ... • Board of Professia-ra1.-Engineers'i-`• Attests:itho[.. ' -L Jason Andre Johnson, P.E. s E li 4 7 1 eis licensed as.a Pfional n tineer under Cho ter Florida St atu tes . Expiration: 2/28/2015 T ? 's' 1t =' PE.Lic No Audit No 228201510350 . ' ` - , ,-, .�'"; , -. , . ' 64201 .' H • ' r.\ tip. •' - I 1 - • • • • • • ■ • • • Ll N .. .. .4 - .. - - 1.1,• Licensing Portal - License Search Page 1 of 1 2:50:22 PM 2/11/2016 Data Contained In Search Results Is Current As Of 02/11/2016 02:49 PM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. Name License License Type Name Type Number/ Status/Expires Rank Certificate of PURE TECHNOLOGIES U.S. Primary 31396 Current Authorization INC. Cert of Auth 02/28/2017 Main Address*: 8920 ROUTE 108 COLUMBIA, MD 21045 &.11 044w:Sew_ * denotes Main Address-This address is the Primary Address on file. Mailing Address-This is the address where the mail associated with a particular license will be sent(if different from the Main or License Location addresses). License Location Address-This is the address where the place of business is physically located. 1940 North Monroe Street,Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Copyright 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records.If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail. If you have any questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee.However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. https://www.myfloridalicense.com/w111.asp?mode=2&search=Name&SID=&brd=&typ= 2/11/2016 DBPR- Pure Technologies U.S. Inc., Certificate of Authorization Page 1 of 1 2:51:01 PM 2/11/2016 Licensee Details Licensee Information Name: Pure Technologies U.S. Inc. (Primary Name) Main Address: 8920 ROUTE 108 SUITE D COLUMBIA Maryland 21045 County: OUT OF STATE License Mailing: LicenseLocation: License Information License Type: Certificate of Authorization Rank: Cert of Auth License Number: 31396 • Status: Current Licensure Date: 10/05/2015 Expires: 02/28/2017 Special Qualifications Qualification Effective Alternate Names View Related License Information View License Complaint 1940 North Monroe Street,Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Copvriciht 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records. If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail. If you have any questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1, 2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public.Please see our Chapter 455 page to determine if you are affected by this change. https://w‘vw.myfloridalicense.com/LicenseDetail.asp?SID=&id=6C8636814DB84AF3796... 2/11/2016 Licensing Portal - License Relationships Page 1 of 1 Licensee Name: PURE TECHNOLOGIES U.S. License Number: 31396 INC. Rank: Certificate of Authorization License Expiration 02/28/2017 Date: Primary Status: Current Original License Date: 10/05/2015 Related License Information License Relationship Relation Expiration Number Status Related Party Type Effective Rank Date Date 64201 Current, JOHNSON, JASON ANDRE Engineer As 09/04/2015 Professional 02/28/2017 Active Officer Engineer Page 1 of 1 Return to License Details Related License Search License Type View all related licenses V First Name Last Name License Number Expiration Date From To l 1940 North Monroe Street,Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer.Copvrinht 2007-2010 State of Florida.Privacy Statement Under Florida law,email addresses are public records. If you do not want your email address released in response to a public-records request,do not send electronic mail to this entity.Instead,contact the office by phone or by traditional mail. If you have any questions,please contact 850.487.1395.*Pursuant to Section 455.275(1),Florida Statutes,effective October 1,2012,licensees licensed under Chapter 455,F.S.must provide the Department with an email address if they have one.The emails provided may be used for official communication with the licensee. However email addresses are public record.If you do not wish to supply a personal address,please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. https://www.myfloridalicense.com/licenseRelation.asp?SID=&licid=6228047 2/11/2016 • • - Florida Board of Professional Engineers Attests that William Joseph Craven, 1-- BPE is licensed as a Professional_ ngineer under Chapter 471; Florida Statutes Expiration:2/28/2015 P.E.Lic.No Audit No 228201519263. 59294 • ti State of Florida t sr Board of Professional Engineers ..:Z/2639 North Monroe Street,Suite 13-112 Tallahassee, F1 32303-5268 Alan Ludwig Bair 10 ARAGON AVE.APT 712 CORAL GABLES, FL 33134. • • NOTICE State of Florida Pursuant to a change in Rule 61G15-22.006,F.A.C.,FBPE no longer Board of Professional Engineers requires that continuing education be reported by the provider. Attests that Instead,licensees will be subject to a random audit no more than Alan Ludwig Bair,P.E. every four(4)years. if you are selected for the random audit,you must provide verification of four(4)hours of Area of Practice and r F four(4)hours of Florida Laws&Rules,all taken prior to February r• _ 28,2013. Any CE hours taken after February 28,2013 will result in Is licensed as a Professional Engineer under Chapter 471,Florida Stan= a$100 delinquent fee and your license being placed in a delinquent 2/28/2015 P.E. Met status until the additional fee is paid. .4gmx 228201514746 74731 . • • a e o rl ":Board of Professional Engineers --_ .•••• -Attests that Alan Ludwig Bair, PEE FBPE . . • „,,.• • • _ is licensed as a Professional ngineer under Chapter 471, Florida Statutes Expiration: 2/28/2015 . P.E.tic.No :Audit No _-:228201514746 : ��� ����� 74731 13 •;• r - _ -',1 ' iii , r .. `';, ;• • 1 _ I ri; ".- 1 ' _. .I4. _ 4 V 4 1 l 1• ,0 f r. 1 .1 f - �• i> lr , — -de•:' `•• t - 1 i- , f y.i _ • r 1 s r fir } y • • -'" 'c ' .',Y. , . . . ..;--.-.. ' . . ..'... ; - ..,:''. -..-:.' -,,l'-'...;.':;,:::i :::,.-:,:i..,.. ' . "'''':''''''' , r ,•,..•..,,,_ ._ ,... . . . • :- . . . , , .... : ., , ,. ., _ , . .. •.. . .. _, . . .,• • . . . . ,._, .. , . . ... . . .. . • . . ..,..... . ..._•••• ••. . . .• . . .. .. , . s, , _ _., •••:• ,...„,_,_,....• • . .7. :., _••,..._:-,,, ....„._„. . . . •. . ... • • . . . .... ..:. ,_ . .,:.. . , ,.. ........_, .. ._. ,. .. • . .. ...r. „ , . r ., . . . .,,, ., .. _ ,..•, ... ...•... • . :.. ... ,...... ..,. . , ,. .. . ... . _:. .. ._ . . , • •. . . . . . . ... , .....,•._• .... _ ... ..• • •.• . , . • ,... . _ .. ..,.....„...„. ., , r .... . . .. .,... ,... .., .. .. .. ... •• ..,•• _, .... . . ,.... ,,, .,.. ,. _._.. ....7.,.... • . , . . .2.—. . .,_..-._=•• . ..•_.._.... • ...,,... . _ • . . •• •..„.._ . .., .. • . ....... . .. •. _ . _ ._ . • :. . ,..,„ . ,_ ._ _ . . ..,,. . . .TAB2 . -. . .. Experience & Qualifications;' . ■ • (..,..:-. • • 5 • • 2.1 Qualifications of Proposing Firm 2.1.1 Overview of PES Pure Engineering Services Inc. (PES) is the consulting services subsidiary of Pure Technologies US Inc.that specializes in the design and implementation of state-of-the-art condition assessment programs for pressurized water and wastewater pipelines. PES has completed condition assessment projects on thousands of miles of pipe for utilities worldwide, providing the necessary information for utilities to - proactively manage their buried infrastructure. Using a risk-based approach, PES has assisted many utilities to prioritize their pipeline assets for inspection and select appropriate condition assessment methods to match pipeline risk. This risk-based approach ensures Why Choose Pure Engineering Services? condition assessment budgets are optimally invested to 1. We are the Experts: Pressure pipe is our provide the highest degree of reliability for the highest specialty. risk assets. A fundamental tenet of each -condition . assessment project is to maximize the life of a. pipeline 2. We have the Experience: We have assessed over 8,000 miles of pressure through isolated repairs and proactive maintenance, pipelines including water distribution and rather than simply replacing it. This is achieved using an wastewater force mains. approach that PES calls Assess and Address'TM. This approach involves collecting condition assessment:data 3. We have Solutions: We have documented case studies where we provide solutions to and using numerous engineering evaluation techniques to extend the service life of an existing provide actionable information from the data.This results pipeline while increasing its reliability. in an estimated remaining useful life of the pipeline and recommended immediate and future repairs. Internal PES 4. Return on Investment: Our approach reduces pipeline risk and provides a higher research has shown that when compared to traditional return on investment than conventional strategies (i.e. pipeline replacement), the. Assess and approaches to pipeline management. Address approach results in significant capital savings for a utility. Historically, the Assess and Address:approach. has been used to safely manage larger-diameter pipelines for roughly 5%of the capital replacement cost. Pure Technologies U.S Inc.(Pure Technologies) has been providing state-of-the-art condition assessment technologies to better understand the condition of critical infrastructure since 1993. Pure is an industry leader in the assessment, monitoring and management of pressurized pipelines and has built a reputation of providing innovative solutions for water and wastewater utilities. Despite already having the. most. comprehensive suite of available technologies in the industry, Pure Technologies continues its aggressive research and development program to meet market needs and advance the leading edge of pipeline management.technology:: • All of the work performed for this contract will be managed from our local Miami office - less than 15 miles.from the City of Miami Beach offices. This local office is supported by our team of over 250 engineers, scientists, technicians and support staff dedicated to condition assessment and proactive management;.of press.ure pipe. . 2.1.2,PES Qualifications and Experience PES and Pure Technologies are a world leader in the development and application' of innovative ' V technologies for inspection, monitoring and management of water and wastewater pressure pipelines. PES' expertise and technologies are being used around the world to help utility operators mitigate pipeline deterioration and maximize capital budgets for rehabilitation and,replacement programs. These 14 • tools are also utilized by municipalities to provide construction engineering inspections and utility locating/mapping services. Our non-destructive leak detection technologies can accurately locate even pinhole leaks, allowing for immediate repairs that reduce non-revenue water and prevent leaks from leading to failure. Our condition assessment solutions are effective on a variety of pipe materials and can locate distressed sections along a pipeline,allowing for proactive,scheduled repairs with minimal service disruption. The environments our technologies and tools operate in are pressurized, hostile and often lack redundancy. These unique operational challenges have pushed our research and development efforts to refine our technology platforms to serve a wide variety of clients with varying pipe materials and operational constraints. As critical infrastructure continues to age around the world, PES will continue to develop services that help mitigate risk and extend the useful life of pipelines. Examples of our capabilities are highlighted below: • Advanced in-line leak&and gas pocket detection; • Structural inspection using electromagnetics; • Structural analysis, risk modeling; • Value analysis and life cycle costing; • Pump/Lift Station transient pressure monitoring; • Pipeline Renewal strategies; and, • GIS-based data management and reporting. The following is a brief summary of our unique capabilities to assist the City with the anticipated specialized services outlined in the RFQ under Group B—Engineering(Civil). 2.1.2.1 Sewage Collection, Treatment and Disposal Management of wastewater force mains has historically proven difficult for pipeline owners and operators. Conventional gravity sewer inspection methods (e.g.visual inspection,sonar and laser profiling) do not provide a full condition assessment of most pressure pipes since the loss of structural capacity cannot be quantified with these , methods; therefore, conventional methods of force main assessment • do not provide a true condition assessment and estimation of remaining useful life. Based on PES' assessment of over 8,000 miles of pressure pipe, including over 500 miles of wastewater force mains, our clients have • found that pressure pipes typically do not deteriorate or fail systematically along their full length. Rather, pipe condition is usually related to localized problems due to design, manufacturing, .- installation, environmental, operational, or maintenance factors. City of Miami Beach Government Cut Often, it is a combination of several of these factors that lead to force Force Main Condition Assessment main failures. 15 aia�[mwc usvKfs Our condition assessment data shows that less than 10% of pipelines surveyed have indicators of distress, while even less require repair or replacement to extend their useful life. By identifying and repairing only isolated areas that require intervention followed by a long-term pipeline management strategy,the City can realize major capital program savings over replacement or large-scale rehabilitation. By addressing force main management through a holistic, risk-based approach, the City may significantly reduce the probability of failures and minimize unnecessary financial expenditures on their force mains. The City has utilized our services for proactively managing their critical wastewater infrastructure, including inspection of nearly one mile of large diameter Government Cut Force Main. 2.1.2.2 Testing and Inspection Services PES can provide testing and inspection services as needed for post-construction evaluation of pipeline installations to ensure conformance with project specifications using our leak detection services. PES is also unique with our qualifications to oversee repair of prestressed concrete cylinder pipe (PCCP) with m visual/sounding techniques and pipe marking verification prior to rehabilitation. 2.1.2.3 Water Supply, Treatment and Distribution Pipe Marking Inspection Prior to Utilities face significant challenges managing their aging water Rehabilitation pipeline infrastructure. Pipeline failures are increasing in frequency and severity, leaving utilities with difficult decisions on whether to maintain or replace these assets. PES is helping utilities address their buried infrastructure through our pipeline management approach. A capital replacement program for larger-diameter pressure pipelines not only carries a high price, but also poses significant logistical challenges. Through the assessment of more than 8,000 miles of larger- diameter pipelines, it is clear that even problematic water mains can be managed. In fact, PES has found that 96%of pipelines do not have any deterioration at all and are in "like new" condition. Less than 1%of pipe sections actually require any immediate repair. PES can assist the City to prioritize, identify, and address deteriorating infrastructure through risk based, non-destructive assessment techniques allowing the City to implement proactive management strategies that minimize failures and renewal costs. 2.1.3 Relevant Projects Completed in the Last Five Years The following is a list of relevant projects undertaken in the last five years highlighting our experience to complete the scope of services anticipated under this contract: • Dixie Highway Force Main Condition Assessment • Condition Assessment of 36-inch Diameter Julia Tuttle Transmission Main • Government Cut Force Main Condition Assessment • Route 1 (Red Road)Transmission Main Condition Assessment and Remaining Useful Life Analysis • Preliminary Condition Assessment of Cypress Creek Supply Main(30-, 36-,42-,and 48-inch Diameter PCCP) • Closed Circuit Video and Acoustic Inspection for City of Hialeah, Florida As identified in the RFQ, these relevant projects are fully described using Standard Form 330 Part 1, Section F at the end of TAB 2. Project descriptions include a brief description of the scope for each project, completion date and construction cost (if applicable), PES role on the project, as well client 16 ■ENGI EDIMc SERVICES contact information.All projects listed are identified in the area of specialization for Group B Engineering (Civil). 2.2 Qualifications of Proposer Team Our team of experts is comprised of engineers and specialized technologists that have delivered numerous successful projects together that parallel the depth and breadth of this proposed scope. Our strategy involves establishing clear lines of responsibility to ensure that City receives the best technical support while maintaining efficiency to keep the project on schedule and budget. In addition to these staff members,the team will have access to a qualified team of specialized engineers, scientists and field personnel who are experts in the area of condition assessment of pipelines. As identified in the RFQ, qualifications of the proposed team are included at the end of TAB 2 using the following Standard Forms: • SF330 Part I-A. Contract Information; • SF330 Part I-B. Architect-Engineer Point of Contact; • SF330 Part I-C. Proposed Team; • SF330 Part I-D. Organizational Chart of Proposed Team;and, • SF330 Part I-E. Resumes of Key Personnel Proposed for this Contract. 2.2.1 Project Management PES key staff members have-extensive experience in managing large, multifaceted pipeline management projects and understands the importance of maintaining schedule and budget all while delivering a defensible project.Mr.Jason A.Johnson,P.E. will serve as the Project Manager for this contract and will lead our team of engineers,scientists and technicians. Mr.Johnson has over 15 years of experience as a senior project manager and project engineer. As the past project manager for City of Miami Beach assignments, Mr. Johnson brings a unique understanding of City's systems and the added benefit of strong working relationships with City staff. Mr.Johnson's civil engineering experience includes the inspection, analysis and design of small and large diameter water and wastewater infrastructure. He joined PES in 2013 and operates the Florida office. Prior to joining PES, Mr. Johnson managed multi-million dollar gravity and pressure pipeline condition assessment programs for a large, national consulting firm. He has managed or provided technical expertise on almost hundreds of miles of pressure and gravity pipeline assessments. Mr.Johnson's project responsibilities include being the direct point of contact with the City, assembly of the inspection team, supervision of the condition assessments,and oversight of all deliverables. 2.2.2 Sewage Collection, Treatment and Disposal Ms. Jennifer Steffens is a registered professional engineer (not in the State of Florida) with over eight years of experience in the water,wastewater and stormwater industries, and serves as PES'Wastewater Practice Leader. Since joining the PES team in 2011, Ms. Steffens has initiated and managed projects within the company including a nationwide research initiative of the cost saving benefits of Assess & Address approach to pipeline management; the development of a GIS based pipeline management and risk assessment database for clients; and QA/QC protocol improvement companywide. As project manager, Ms. Steffens has extensive experience in condition assessment and inspection of pressure pipelines and currently manages the Force Main Condition Assessment Program under the Metropolitan 17 Elks MP:MG SMILES -- 2.2.5 Value Analysis/Life-Cycling Costing Mr. Craig Daly is a registered professional engineer (not in the State of Florida) and has over 12 years of project experience working for public utilities,as well as private consultants designing and planning water, sewer and storm drain infrastructure. Mr. Daly's recent work includes developing the Pipeline Condition Assessment Program for DC Water's water system,where he developed a comprehensive risk assessment approach and life cycle analysis of the transmission main system. For this project Mr. Daly will be responsible for the risk analysis,any required statistical analyses,and calculating the remaining useful life for inspected pipelines. 2.2.6 Subsurface Utility Engineering and Underground Utility Services Mr. Rob Hayward is a certified GIS Professional and has over 13 years of experience in the geospatial industry. He has worked on a wide variety of GIS and application development projects(in a wide range of roles) for a variety of clients. Mr. Hayward has served as an analyst, supervisor, consultant, project manager and department manager for a number of organizations. In particular, he has a long history of working on GIS projects to support various water/wastewater utilities and also has extensive experience in business process analysis, database design and application development planning. Mr. Hayward will oversee database management and GIS deliverables for this project. 2.2.7 Testing and Inspection Services Mr. Tepel is responsible for maintaining quality control for inspection projects throughout the State of Florida. He supervises technology deployment personnel providing a consistent point of contact for field operations related issues. Mr.Tepel coordinates personnel and maintains equipment across project sites. Mr. Tepel will be responsible for generating project planning documentation, tool management, and enforcement of health and safety protocol. Workplace safety is a prime concern and consideration for field crews of PES. All staff are professionally trained and upgraded on a regular basis in accordance with OSHA standards. PES recognizes the requirement for the 30-hour OSHA Safety Training for any staff conducting the inspection for the City. As such, Mike Tepel,the identified Inspection Superintendent and each of his inspection crew members will have all proper certifications prior to inspections. Mr. Parvesh Deonarinesingh is involved with many of the inspection platforms utilized by Pure Technologies and PES. His familiarity with these technological platforms such as Smartball®, PipeDiver®, Sahara®and Soundprint°AFO has allowed for dynamic growth and understanding of the pipeline network in South Florida to facilitate successful inspections throughout the area. Mr. Deonarinesingh will be assisting the project team in developing project planning documentation, tool management, and enforcement of health and safety protocols. 2.3 Financial Capacity As outlined in the RFQ PES has coordinated with Dunn & Bradstreet to provide a Supplier Qualification Report.This report was submitted directly to the City on September 23,2014 under separate cover. 19 ARCHITECT - ENGINEER QUALIFICATIONS PART I -CONTRACT-SPECIFIC QUALIFICATIONS A.CONTRACT INFORMATION 1.TITLE AND LOCATION(City and State) Professional Architectural and Engineering Services in Specialized Categories on an "As-Needed-Basis" 2.PUBLIC NOTICE DATE 3.SOLICITATION OR PROJECT NUMBER September 19,2014 2014-346-YG B.ARCHITECT-ENGINEER POINT OF CONTACT 4.NAME AND TITLE Jason A.Johnson, P.E. 5.NAME OF FIRM Pure Engineering Services Inc. 6.TELEPHONE NUMBER 7.FAX NUMBER 8.E-MAIL ADDRESS 0:305-779-5629 906-526-9900 jason.johnson @puretechltd.com M: 786-409-1827 C PROPOSED TEAM (Complete this section for the prime contractor and all key subcontractors.) (Check) CC W "' 0 9.FIRM NAME 10.ADDRESS 11.ROLE IN THIS CONTRACT ca a N� Pure Engineering Services Inc. 878 South Dixie Highway Project Management a. X 2"d Floor Project Engineering Miami, FL 33146 ®CHECK IF BRANCH OFFICE Pure Engineering Services Inc. 8920 State Route 108,Suite D Project Engineering b. X Columbia, MD 21045 ❑CHECK IF BRANCH OFFICE Pure Engineering Services Inc. 3040 Route 22 West Project Engineering c. X Suite 130 Branchburg,NJ 08876 IE CHECK IF BRANCH OFFICE d. ❑CHECK IF BRANCH OFFICE D.ORGANIZATIONAL CHART OF PROPOSED TEAM 0 (Attached) 20 • CITY OF MIAMI BEACH Project Manager Jason A.Johnson,P.E. • Technical Advisors Officer-in-Charge Travis Wagner,P.E.* Mike Garaci • William Craven,P.E. David Burke, P.E.* Sewage Collection, Water Supply,Treatment Treatment&Disposal and Distribution Jennifer.Steffens,P.E.* • Alan Bair,P.E. Value Analysis/ Subsurface Utility Life-Cycling Costing Engineering and Underground Utility Services Craig Daly,P.E.* - Robert Hayward,GISP Testing and Inspection Services Michael Tepel Parvesh Deonarinesingh,EIT Pure Tech iologies US Inc. * P.E. in State other than Florida. • • 21 • 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 ( Jason A.Johnson,P.E. Project Manager LTOTAL b.WITN CURRENT FlWd 18 1 15.FIRM NAME AND LOCATION(City and State) _ pure Pure Engineering Services Inc. Miami, Florida 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) Bachelor of Engineering(Civil)Vanderbilt University;Nashville Tennessee Professional Engineer: Florida(64209),North Carolina(28605), Kansas(17299) 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards.etc.) Mr.Johnson serves as Pure Engineering Services Inc.(PES)Southeastern regional program manager and business development lead for asset management, wastewater and metallic pipeline assessment projects/programs.He is responsible for the supervision and development of project teams of highly skilled engineers to successfully execute condition assessment projects/programs.Through his more than 18 years of experience,Mr.Johnson's career has been focused on conveyance and transmission systems with a concentration on planning,inspection,design,and construction management.He has facilitated the execution of numerous, multi-million dollar, multi-year, multi-phased condition assessment programs leading to regulatory compliance and operational improvement.Mr.Johnson is the engineer with responsible charge over inspection and condition assessment activities.He will work in coordination with the independent reviewers and Regional Management to make sure the project deliverables meet the City's expectations. 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Dixie Highway Force Main Condition Assessment,Tarpon Springs,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm a. As Program Manager for the comprehensive condition assessment of the Dixie Highway force main, Mr. Johnson was responsible for contractor coordination,force main hydraulic analysis,implementation of the inspection,condition assessment analysis and reporting.Approximately 4,700 feet of 14- inch ductile iron pipe(DIP)and polyvinyl chloride(PVC)force main was assessed by deploying our proprietary SmartBall® PWA technology. Final reporting included a summary of anomalous areas,gas pocket detection,pressure transient conditions and recommendations for managing this force main. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Julia Tuttle Causeway Condition Assessment,City of Miami Beach,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm b. Mr.Johnson served as Program Manager for a comprehensive condition assessment of a 3.4-mile subaqueous 30-and 36-inch water main of varying pipe materials.The condition assessment included a SmartBall®leak and gas pocket detection survey,PipeDiver®electromagnetic inspection,transient pressure • monitoring program, and-development of long term pipeline management recommendations report. Mr. Johnson was responsible for overseeing contractor coordination,water main hydraulic analysis,implementation of the inspection;condition assessment analysis and reporting. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Government Cut Force Main Condition Assessment,City of Miami Beach,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) 2012 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm The 54-inch diameter PCCP force main conveys wastewater from the City of Miami Beach to Miami-Dade County Water and Sewer Department's Central District Wastewater Treatment Plant.This project was implemented as part of a regulatory-mandated program to provide condition assessment of the Crty's C. subaqueous force main. Mr.Johnson served as Program Manager and oversaw contractor coordination,coordination between the City and County wastewater management Divisions, force main hydraulic analysis, implementation of the inspection, condition assessment analysis,development of alternative repair and replacement solutions,preparation of cost estimates,and development of emergency response procedures.The force main condition assessment has allowed the City to remain in compliance with Florida Department of Environmental Protection(FDEP)requirements while proactively managing its primary wastewater transmission outlet with minimum disturbance to new development recently completed by the City's Office of Capital Improvement Programs. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED West 80th Street 36-Inch Diameter Water Main Video Inspection,City of Hialeah, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Florida 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE Check if project performed with current firm d. GPE Engineering retained Pure Technologies US Inc.(Pure Technologies)to perform a video inspection of approximately 4,800 feet of an active 36-inch diameter ductile iron pipe(DIP)owned and operated by the City of Hialeah Water and Sewer Department. Video inspection was conducted with Pure Technologies'Sahara®II platform to identify areas of sediment buildup.Results of the survey enabled the City to target vacuuming and/or jetting of the pipe for sediment removal to support the City's water quality compliance testing. Mr.Johnson provided project management, oversight and coordinated technical review of all deliverables including GIS based data management and reporting. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Route 1(Red Road)Transmission Main Condition Assessment and Remaining PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Useful Life Analysis,Miami-Dade County,Florida 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Mr.Johnson served as Program Manager to provide comprehensive services relating to the development of long-term asset management strategies for e. sections of Route 1 Transmission Main(Route 1)for the Miami-Dade County Water and Sewer Department(WASD).The cost of managing existing assets was derived from a Pure Engineering Services(PES)deterioration model that considers historical pipeline information,specifications,and contract-specific condition assessment data.Merging engineering,technological,and operational expertise with inspection services,WASD has refined their long-term asset management approach for Route 1 based on the unique and specific characteristics of this pipeline.The program provides long-term projections comparing the cost of repairing a projected number of pipes requiring remediation and to the estimated cost of capital replacement. 22 RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section Efor each key person.) 12.NAME 13.ROLE IN THIS CONTRACT 14.YEARS EXPERIENCE Travis B.Wagner,P.E. Technical Advisor a.TOTAL °.unr"CURRENT FIRM 10 4 15.FIRM NAME AND LOCATION(City and State) Pure Engineering Services Inc. Columbia, MD 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) B.S.Environmental Engineering,North Carolina State University Professional Engineer Maryland(41716), M.S.Civil Engineering,North Carolina State University Professional Engineer North Carolina(032564) 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Travis Wagner has been a prominent player in the implementation of condition assessment programs for pressurized pipelines and at providing innovative—yet practical—solutions for utilities to manage their assets.He has architected numerous multi-year condition assessment programs for utilities with substantial pressurized pipe—leading those utilities to be recognized as best-in-class for pressure pipe management upon program implementation. Mr.Wagner provides oversight and technical expertise in risk assessment,inspection technology selection and implementation, transient pressure monitoring programs,structural analysis and condition assessment,forensic engineering,and pipeline management strategies for projects throughout North America. He has managed or provided technical expertise on over 1,200 miles of pressure and gravity pipeline assessments while also having served as Pure Engineering Services Metallic Pipe and Wastewater Force Main Assessment Practice Leader. 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED BOA for PCCP Inspection and Engineering Services,Washington Suburban Sanitary PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Commission,Laurel,Maryland Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Program and technical director for a six-year, $34 million comprehensive Prestressed Concrete Cylinder Pipe(PCCP) inspection and condition a. assessment program that uses a variety of stateof-the-art technologies to assess and monitor WSSCs large diameter transmission mains. The 2009 Trenchless Technology Project of the Year was developed due to significant challenges facing WSSC regarding their large diameter water transmission system including several high consequence failures that made national headlines.WSSC embarked on what was at the time a one-of- a-kind pipeline management program involving high resolution inspection,assigning a condition/risk rating,repairing problem areas,performing acoustic monitoring,and developing a state-of-the-art web and ArcGIS data management system.Through this comprehensive assessment and continuous monitoring,the risk associated with WSSC's PCCP is now similar to a new pipeline for five percent(5%)of the replacement cost. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Force Main Inspection Program,Baltimore County,Maryland PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm ! Project and technical director for a multi-year,multi-million dollar Consent Decree driven wastewater force main inspection program for Baltimore b. County,Maryland. Primary responsibilities include provisions of professional engineering services for the inspection and assessment of Baltimore County, Maryland's Bureau of Utilities' wastewater force main inventory using multiple technologies and techniques in accordance with the guidelines established in the Consent Decree.Mr.Wagner is providing technical expertise in technology selection and implementation,transient pressure monitoring programs,structural analysis and condition assessment,as well as forensic engineering and analysis. Force mains inspected to date include cast iron,ductile iron,and PCCP ranging in size from six(6)inches to 54 inches in diameter. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Force Main Condition Assessment Program,Metropolitan St.Louis Sewer District, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) St.Louis,Missouri 2013 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm c. Program and technical director for a multi-year, multi-million dollar Consent Decree driven program to provide condition assessment of the District's high and medium risk force mains,prioritization of their rehabilitation or replacement,development of alternative repair and replacement solutions,preparation of cost estimates,and development of emergency response procedures.The District is responsible for wastewater and storm sewers covering approximately 524 square miles of the City of St.Louis and St.Louis County,with 9,000 miles of gravity sewers and 125 miles of force mains.The Force Main Condition Assessment Program is an integral part of the District's overall Asset Management Program. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PCCP Management Program,Miami-Dade Water and Sewer Department,Miami, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Florida Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE 0 Check if project performed with current firm d. Technical expert and QA/QC for Miami-Dade Water and Sewer Department's PCCP management program that includes inspection,condition assessment, and development of long-term management solutions for more than 250 miles of large diameter PCCP water and wastewater pipelines.The program is frequently regarded as one of the most innovative and successful buried pipeline management programs in the world. The inspection and condition assessment program has found than less than 2.5%of all pipe segments inspected have any deterioration while less 1%require repair or replacement. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Transmission Main Inspection and Renewal Design Proposal,City of Cleveland, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ohio Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE 0 Check if project performed with current firm e. Technical expert and OA/QC for Miami-Dade Water and Sewer Department's PCCP management program that includes inspection, condition assessment, and development of long-term management solutions for more than 250 miles of large diameter PCCP water and wastewater pipelines.The program is frequently regarded as one of the most innovative and successful buried pipeline management programs in the world. The inspection and condition assessment program has found that less than 2.5%of all pipe segments inspected have any deterioration while less than 1%require repair or replacement. 23 E.RESUMES•OF KEY PERSONNEL PROPOSED FOR THIS.CONTRACT • (Complete one Section E foreach k ey person.) . 12.NAME 13.ROLE IN THIS CONTRACT 14.YEARS EXPERIENCE William J.Craven,P.E. Technical Advisor aTOTAL b.WITH CURRENT FIRM 15 <1 15.FIRM NAME AND LOCATION(City and State) Pure Engineering Services Inc. Y Miami, Florida 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) Bachelor of Engineering(Civil)Vanderbilt University;Nashville Registered Professional Engineer: Florida(59294) Tennessee 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations.Training.Awards,etc.) Mr. Craven serves as Southeastern business development lead for asset management, wastewater and metallic pipeline assessment projects/programs. He is a registered professional engineer and has diversified engineering experience in the environmental and civil engineering fields, including water resources, stormwater, water, and wastewater treatment. Design experience includes sanitary and storm sewer rehabilitation; site planning for water/wastewater treatment plant facilities; stormwater system improvements, design and permitting; treatment efficiency evaluations for surface water best management practices (BMPs), data management, analysis, and reporting; cost estimating; and specification preparation. Hydraulic design experience includes modeling of water supply distribution systems and water and wastewater master planning. Mr. Craven also holds certifications in the National Association of Sewer Service Companies (NASSCO) pipeline assessment and certification program(PACP). 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Dixie Highway Force Main Condition Assessment,Tarpon Springs,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm a. For the comprehensive condition assessment of the Dixie Highway force main, Mr.Craven assisted with contractor coordination, implementation of the inspection, and technical review of the condition assessment analysis and reporting.Approximately 4,700 feet of 14-inch ductile iron pipe. (DIP) and polyvinyl chloride (PVC) force main was assessed by deploying our proprietary SmartBall® PWA technology. Final reporting included a summary of anomalous areas, gas pocket detection, pressure transient conditions and recommendations for managing this force main. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Force Main Assessments—Phase I,Altamonte Springs,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) 2013 N/A (3)BRIEF DESCRIPTION(Brief scope,size.cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm b. As project-manager, Mr.Craven developed a phased approach to force main assessment and a prioritization process in support of capital improvement project (CIP) planning and capital outlay. The work performed included a criticality and condition risk assessment through desktop analysis,field verification of GIS data,and recommendations for the assessment program over a five year planning period. The result was a cost effective strategy to proactively identify high risks locations within the collection system,efficiently inspect segments based on varying degrees of risk assessment,and prioritize force main replacement projects. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Water and Wastewater Master Plan,Seminole County,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) 2013 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm c. As project engineer, Mr. Craven formulated client implementation plans for R&R programs using asset condition and criticality prioritization process in support of CIP planning and capital outlay. Mr.Craven was responsible for data acquisition,oversaw field data collection efforts and performed risk assessments using desktop analysis of existing data, field verifications, and asset inspections.The results of the program produced cost-effective strategies for the County to proactively identify, investigate and ultimately address aging wastewater infrastructure. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Sanitary Sewer Evaluation Survey(SSES)Phase III Compliance Services,Miami PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Beach,Florida 2009 • N/A d (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm Mr. Craven served as project engineer, reviewing fieldwork consisting of sewer cleaning and inspection, flow monitoring, and engineering design services associated with the physical rehabilitation of sanitary sewer in seven basins. The project was conducted to determine the locations and causes of inflow and infiltration (I/I) in order to pinpoint problem areas and recommend cost-effective corrective actions. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Sewer System Evaluation and Sewer Rehabilitation Design,Luquillo,Puerto PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Rico 2002 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm For the Puerto Rico Authority for Financing Infrastructure (AFI) Mr. Craven has provided design support for CDM's ongoing e. infiltration/inflow(I/I)sewer system evaluation and rehabilitation project for the City of Luquillo,Puerto Rico. Mr.Craven assisted in the implementation of a system evaluation, which consisted of flow monitoring, manhole inspections, smoke testing, dye testing, and television inspections of the system. He analyzed the results of these investigations to develop a system improvements program using,which consisted of sewer rehabilitation,relief sewers,and pump station upgrades. He also assisted in the design of a new screening system and influent pump station for the existing wastewater treatment plant as part of the project. 24 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 l David M. Burke, P.E. Technical Advisor &TOTAL b.vnTN CURRENT FlR►1 27 <1 15.FIRM NAME AND LOCATION(City and State) Pure Engineering Services Inc. Columbia, MD 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) B.S.Civil Engineering,University of Maryland Professional Engineer Maryland(39211) 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) David Burke has extensive and diverse engineering and management experience in the water and wastewater utility industry ranging from planning, engineering, design, maintenance operations, project and program management for both Ripelines and facilities. He has gained significant experience through his work with the Washington Suburban Sanitary Commission(WSSC),the 8 largest water and wastewater utility in the United States, where he led three large groups providing multi-disciplined engineering and technical support, water and wastewater maintenance operations and rehabilitation as well as pipeline project delivery and program management.He has established and managed numerous multi-year strategic infrastructure programs supporting pipeline condition assessment,corrosion monitoring and maintenance,and capital improvements.Mr. Burke defined and implemented the current WSSC Pre-stressed Concrete Cylinder Pipe(PCCP)management program,which has been recognized as one of the most progressive,technologically advanced and successful pipeline management programs in the United States. 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PCCP Management Program-Washington Suburban Sanitary Commission,Laurel, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Maryland 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm Program manager and technical director for a six-year,$34 million comprehensive PCCP inspection and condition assessment strategic program that uses a variety of state of the art technologies to assess and monitor WSSCs 145 miles of 36-inch through 96-inch large diameter transmission a. mains.A project in the Program received the 2009 Trenchless Technology Project of the Year due to the approach used to address significant challenges regarding their large diameter water transmission system including several high consequence failures that made national headlines. WSSC embarked on what was at the time a one-of-a-kind pipeline management program involving high resolution inspection, assigning a condition/risk rating, repairing problem areas, performing acoustic monitoring, and developing a state-of-the-art web and ArcGIS data management system.Through comprehensive assessment and continuous-monitoring,the risk associated with WSSCs PCCP was significantly reduced and comparable to a new pipeline for five percent(5%)of the replacement cost. (1)TITLE AND LOCATION(City and State) • (2)YEAR COMPLETED Corrosion Management Program-Washington Suburban Sanitary Commission, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Laurel,Maryland 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm Program and technical director for defining and implementing a comprehensive asset management strategy for corrosion monitoring and b. maintenance of an extensive inventory of ductile iron and steel water distribution and transmission mains.The Program included periodic reading of 1,500 corrosion test stations to evaluate the effectiveness of existing corrosion protection systems.This proactive management program was aimed at providing routine monitoring and maintenance to maximize the useful life of the pipelines.Rehabilitation strategies included repairs or upgrades to existing corrosion protection systems,design of a new cathodic protection systems as well as innovative installation techniques of adding anodes to existing metallic pipelines. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Water and Wastewater Pipeline Design Manual-Washington Suburban Sanitary PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Commission,Laurel,Maryland 2014 N/A c. (3)BRIEF DESCRIPTION(Brief scope,size.cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm Co-author and technical expert for the development and updates of the WSSC Pipeline Design manual establishing comprehensive water and wastewater pipeline design guidelines for water distribution and transmission mains as well as wastewater collection and trunk mains. The manual is regarded as the industry standard by area utilities. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Forensic Engineering Basic Ordering Agreement(BOA)-Washington Suburban PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Sanitary Commission,Laurel,Maryland 2014 N/A d. (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm Technical director for an on-call forensic engineering contract for forensic evaluation,engineering and material testing of water and wastewater pipeline materials for failure investigations of PCCP,cast and ductile iron as well as material sampling to support pipeline condition assessment validations as part of strategic asset management. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Asset Management Program-Washington Suburban Sanitary Commission,Laurel, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Maryland 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm e. Technical expert and QA/QC for providing mufti-discipline engineering support and strategic planning for an Asset Management Program for water distribution and transmission mains and water and wastewater facilities. The program required technical direction for the development of asset management plans, engineering support for the evaluation of design alternatives and business cases as well as condition assessment and _ troubleshooting to evaluate repair,rehabilitation and maintenance alternatives versus total capital replacement. 25 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 Jennifer Steffens, P.E. Project Engineer-Sewage Collection,Treatment&Disposal a.TOTAL b.WITH CURRENT FIRM 9 4 15.FIRM NAME AND LOCATION(City and State) Pure Engineering Services Inc. Miami, Florida 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) Bachelors of Science in Civil and Environmental Engineering,Duke Professional Engineer: Maryland(39953),Missouri University,North Carolina (2012032396),Georgia(PE037371) 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Ms.Steffens has nine years of experience in the design and implementation of water/wastewater and stormwater systems.Since joining the Pure team in 2011 she has initiated and managed several projects within the company including a nationwide research initiative of the cost saving benefits of an assess and address approach to asset management, the development of a GIS based pipeline management and risk assessment database for dients,and QA/QC protocol improvement companywide.As the Wastewater Practice Leader for Pure Technologies, Mrs.Steffens has extensive experience in the condition assessment of force mains. 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Dixie Highway Force Main Condition Assessment,Tarpon Springs,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm a. As Project Manager for the comprehensive condition assessment of the Dixie Highway force main,Ms.Steffens was responsible for initiating force main hydraulic analysis, condition assessment analysis and reporting.Approximately 4,700 feet of 14-inch ductile iron pipe(DIP)and polyvinyl chloride(PVC)force main was assessed by deploying Pure Technologies'proprietary SmartBall®PWA technology.Final reporting will include a summary of anomalous areas,gas pocket detection, pressure transient conditions and recommendations for managing this force main. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Force Main Condition Assessment Program,Metropolitan St.Louis Sewer District, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) St.Louis,MO 2013 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm Ms. Steffens served as Project Manager for this multi- year, multi-million dollar Consent Decree driven program to provide condition b. assessment of the District's high and medium risk force mains,prioritization of their rehabilitation or replacement,development or alternative repair and replacement solutions, preparations of cost estimates and development of emergency response procedures for this multi-year, multi-million dollar Consent Decree driven program.The District is responsible for wastewater and storm sewers covering approximately 524 square miles of the City of St.Louis and St. Louis County,with 9,000 miles of gravity sewers and 125 miles of force mains.The.Force Main Condition Assessment Program is an integral part of the District's overall Asset Management Program. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Condition Assessment of PCCP,Mobile Area Water and Sewer System(MAWSS), PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Mobile,Alabama 2013 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost.etc.)AND SPECIFIC ROLE ®Check if project performed with current firm Due to the previous failures and the high consequence of failure of force mains,MAWSS elected to perform a detailed condition assessment c. induding transient pressure monitoring,leak and gas pocket detection,electromagnetic inspection,visual inspections,structural modeling and remaining useful life evaluation.As Project Manager for this comprehensive condition assessment program,Ms.Steffens was responsible for overseeing inspection of an 8.4-mile 36-and 48-inch PCCP force main.Condition assessment included a SmartBall leak and gas pocket detection survey, PipeDiver electromagnetic inspection,transient pressure monitoring program.The results and analysis were used to develop a long term pipeline management recommendations report. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Condition Assessment of 30-and 42-inch PCCP Raw Water Mains,Cobb County- PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Marietta Water Authority,Acworth,Georgia 2011 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm d. This project included a comprehensive condition assessment of approximately 4.25-miles of 30-and 42-inch PCCP raw water main.Condition assessment included a SmartBall leak and pressure transient monitoring,gas pocket detection survey,PipeDiver electromagnetic inspection. Results of the condition assessment were used to develop a structural engineering analysis of the water main and recommendations for long term pipeline management.As Project Manager,Ms.Steffens was responsible for coordination of all project activities and final reporting. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Horsepen Force Main Condition Assessment,Washington Suburban Sanitary PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Commission,Laurel,Maryland 2014 N/A e (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm Project Manager for the comprehensive condition assessment of Horsepen which includes an inspection of approximately 4.1 miles of ductile iron pipe using a variety of technologies and techniques including hydraulic analysis, structural evaluation, internal and external corrosivity surveys,pipe wall assessment with electromagnetic technologies,risk assessment,and repair/replace recommendations and design. 26 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 Alan L. Bair, P.E. Project Engineer-Water Supply,Treatment and Distribution a.TOTAL b.WITH CURRENTFlRM 8 6 15.FIRM NAME AND LOCATION(City and State) Pure Engineering Services Inc. pure Miami, Florida 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) Bachelor of Science,Mechanical Engineering Rutgers University;New Professional Engineer: Florida(74731) Mechanical:Thermal and Brunswick,New Jersey Fluid Systems 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Mr.Bair has six years of global experience in pressure pipeline systems.Specializing in pipeline condition assessment,maintenance and rehabilitation, Alan has worked on projects with some of the largest water utilities in North America. He has a Master of Science degree from the New Jersey Institute of Technology and has published and presented numerous technical papers. 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Pipeline Management Program,Miami-Dade Water and Sewer Department, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Miami,Florida Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm a Senior Project Manager for Miami-Dade Water and Sewer Department's pipeline management program that includes inspection, condition assessment, and development of long-term management solutions for more than 250 miles of large diameter PCCP water and wastewater pipelines. The program is frequently regarded as one of the most innovative and successful buried pipeline management programs in the world. The inspection and condition assessment program has found less than 2.5%of all pipe segments inspected have any deterioration while less than 1%require repair or replacement. - (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Pipeline Inspection and Engineering Services,City of Miami Beach,Miami Beach, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Florida. Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm b Senior Project Manager for Miami Beach's PCCP management program that includes inspection, condition assessment, and development of management solutions for large diameter PCCP potable water transmission mains and sewer force mains. Leak detection and electromagnetic evaluations with structural performance analysis to pinpoint distressed areas for rehabilitation. Provides rehabilitation strategies and remaining capacity and useful life evaluations. The program has allowed Miami Beach to better understand the serviceable life of their mains and stay connected to Miami-Dade County,successfully transmitting potable water and sewer effluent. - (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Condition Assessment Program for PCCP,Tampa Bay Water,Clearwater,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A c (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Senior Project Manager for Tampa Bay Water's PCCP management program that indudes inspection,condition assessment,and development of management solutions for raw water supply mains.Tampa Bay Water is responsible for delivering wholesale water safely and effectively via several methods;including groundwater and surface water collection,and reverse osmosis seawater desalination. - (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Condition Assessment Program for Steel and DIP,Florida Keys Aqueduct Authority, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Key West,Florida Ongoing N/A d (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Senior Project Manager for inspection and management of 24-.30-.And 36-inch diameter steel and ductile iron potable water transmission main that travels from Florida City to Key West. FKAA manages a unique,high-pressure system with advanced monitoring technologies to safely deliver potable water within a highly protected ecosystem to a functional population that includes permanent residents,seasonal and daily visitors. - (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PCCP Inspection and Engineering Services,Washington Suburban Sanitary PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Commission,Laurel,Maryland 2009-2011 N/A (3)BRIEF DESCRIPTION(Brief scope,size.cost.etc.)AND SPECIFIC ROLE ®Check if project performed with current firm e Project Engineer for WSSCs PCCP management program that indudes inspection, condition assessment, and development of pipeline management solutions. Experience includes internal visual and sounding of PCCP, assessment of leak detection, electromagnetic, and sonic/ultrasonic inspections;combined with finite element performance analysis to provide engineering recommendations and acoustic fiber optic management solutions. The program has managed several hundred miles of PCCP and DIP,allowing WSSC to effectively allocate funding and prolong the useful life of their transmission and collection systems. • 27 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 Craig Daly, P.E. Project Engineer-Value Analysis/Life-Cycling Costing a.TOiu b.WITH CURRENT FIRfd 15 2 15.FIRM NAME AND LOCATION(City and State) Pure Engineering Services Inc. Columbia, MD 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) B.Sc.Forest Engineering,University of New Brunswick Professional Engineer Maryland(36036) Master of Environmental Engineering,Johns Hopkins University 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Mr. Daly is a registered civil engineer with over 12 years of project experience working for public utilities as well as private consultants designing and planning water, sewer and storm drain infrastructure. Mr. Daly's recent work includes developing the Pipeline Condition Assessment Program for DC Water's water system where he developed a comprehensive risk assessment approach and life cycle analysis of the transmission main system. In his current role, Mr. Daly is responsible for the risk analysis, statistical analyses, and calculating the remaining useful life for inspected pipelines. 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Remaining Useful Life and Financial Alternatives Analysis of the Red Road PCCP PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Water Main,Miami,Florida 2014 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost.etc.)AND SPECIFIC ROLE El Check if project performed with current firm a. This alternatives analysis utilized enhanced electromagnetic inspection data and acoustic fiber optic data as inputs into a predictive PCCP model to estimate the number of pipes reaching their yield limit each year for the next 20-years.The output of this model was then utilized to perform a financial evaluation comparing the cost of replacement versus the cost of continuing a rehabilitation management strategy for a portion of this water main.Using this simulation and financial evaluation along with taking into consideration other external opportunistic costs it was decided that the best strategy was to replace the portion of the water main that was assessed. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED BOA for PCCP Inspection and Engineering Services,Washington Suburban Sanitary PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Commission,Laurel,Maryland Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm b. As part of the six-year,$34 million comprehensive Prestressed Concrete Cylinder Pipe(PCCP)inspection and condition assessment program, Mr.Daly has developed a predictive stochastic model that leverages acoustic fiber optic data to estimate the possible future condition of a pipe within a one-year period.The purpose of the model is to act as a decision support tool for determining if the pipe should be more closely monitored and whether repairs may need to be implemented should the pipe reach a condition state requiring repair with the next year. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Force Main Condition Assessment Program,St.Louis,Missouri PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm Mr. Daly applied a ranked set sampling strategy in order to ensure that data collected during field inspections would retain statistical c' significance for subsequent data analysis. This sampling strategy was used on several force main alignments so that a comprehensive sampling plan could be developed.Following collection of the sampling data on one of these pipelines,Mr.Daly utilized a robust statistical approach to evaluate if pipe wall loss was actually present where environmental conditions were indicative of a high potential for corrosion loss. Based on this evaluation,it was determined that there was no significant difference between wall thickness values taken from"high wall loss potential"areas and"low wall loss potential"areas,meaning that overall the pipeline was considered to be in good condition. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Condition Assessment of the 24-inch East Side Force Main,City of St.Joseph,St. PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Joseph,Missouri 2013 N/A d (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Mr.Daly utilized Broadband Electromagnetic(BEM)and Linear Polarization Resistance Soil Test(LPR)data to evaluate the failure probability of a 24-inch ductile iron force main installed in 1975.He developed a Monte Carlo simulation to estimate remaining wall thickness and rate of loss along 2.5 miles of pipe based on the results of the BEM test pit data taken at six (6) test pits. Using this simulation, a pipe management strategy was developed that addressed the short term management and long term renewal strategy for this pipe. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Condition Assessment of the 54-inch Euclid Transmission Main,Cleveland,Ohio PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Mr. Daly utilized Pulsed-Eddy Current data to evaluate the failure probability of 7,500 linear feet of 54-inch mortar lined steel water main e. installed in 1956. Data was collected from approximately 1,750 linear feet of the interior of the pipe to avoid the cost of test pitting.He performed a statistical analysis to determine the pipe wall thickness based off signal loss recorded by the pulsed-eddy current inspection. Descriptive statistics were utilized to reveal if signs of corrosion were present based on the data collected. Following this, a structural assessment and Monte Carlo simulation were utilized to estimate remaining wall thickness and rate of loss along 7,500 linear feet of pipe. Using this simulation, a pipe management strategy was developed that addressed the short term management and long term renewal strategies for this pipe. 28 E.-RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT ' (Complete one Section Efor each key person.) 12.NAME 13.ROLE IN THIS CONTRACT 14.YEARS EXPERIENCE ( Rob Hayward,GISP GIS Lead LTOTai T►iCURRENTfl 1 13 1 15.FIRM NAME AND LOCATION(City and State) Pure Engineering Services Inc. 1 Columbia, MD 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) B.S.GIS&Computer Cartography,Geography,University of Certified GIS Professional/2008/Maryland Maryland,College Park,2001 M.S.Technology Management(Project Management), University of Maryland,University College,2009 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Mr. Hayward has over 13 years of experience in the geospatial industry. He has worked on a wide variety of GIS and application development projects(in a wide range of roles)for a variety of clients.Mr.Hayward has served as an analyst,supervisor,consultant, project manager and department manager for a number of organizations. In particular, he has a long history of working on GIS projects to support various water/wastewater utilities and also has extensive experience in business process analysis,database design and application development planning. 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED BOA—PCCP Condition Assessment Program,Laurel,MD PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size.cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm a. Currently leading data management efforts for GIS and inspection data being gathered as a part of this BOA. This includes review and processing of collected data as well as integration with WSSC's_existing GIS data. Mr. Hayward is responsible for overseeing and implementing Pure Technology's overall data management strategy. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED MDE NPDES Stormwater Geodatabase Redesign,Baltimore,MD PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm b. Mr. Hayward led the design and development of Maryland's National Pollutant Discharge and Elimination System (NPDES) database. This database is intended to house both spatial (GIS) data as well as associated permit data, streamlining the way data is submitted by local jurisdictions to MDE. Mr. Hayward led the database design, assisted MDE with public outreach and coordination and developed the requirements for a web-based data-intake application. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Baltimore City Outfall Sewershed, Baltimore, MD PROFESSIONAL SERVICES CONSTRUCTION(If applicable) 2011 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm Mr. Hayward served as the GIS Lead for a large database upgrade;coordinated GIS database editing, mapping support c. and data management for the City of Baltimore Outfall Sewershed project. Developed data management and quality control procedures, production schedules, and production processes implemented during the project. Oversaw staff production and provides analysis support to other non-GIS project team members. This project involved integrating field survey and inspection data into a complex enterprise geodatabase in a two-way replication environment. Coordinated directly with the City,sub-contractors,and joint-venture team members for all GIS-related activities. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED SHA TMDL Data Collection,Cambridge,MD PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm d. Served as the data management lead for a large stormwater data collection effort for Maryland's State Highway Administration (SHA). Developed procedures for database replication, versioning and QA/QC. Established and maintained the project's enterprise geodatabase and provided training to staff on data replication and geodatabase versioning. (1)TITLE AND LOCATION(City and State) (2)YEAR C OMPLETED Baltimore County Sewer Geodatabase,Towson, MD PROFESSIONAL SERVICES CONSTRUCTION(If applicable) 2006 N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ❑Check if project performed with current firm e. Worked on-site as a part of a team capturing sewer data for use in an SDE database maintained by Baltimore County. Tasks included the analysis of sewer design drawings, georeferencing images, digitizing and attributing sewer features. Developed quality control tests and performed these tests (in addition to other quality control procedures) on the SDE database,developed replication work flow process and served as project lead for a team of 5 GIS analysts. 29 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 Michael Tepel Project Engineer &roraL e.wirricuwuNrFIRM 2 15.FIRM NAME AND LOCATION(City and State) Pure Engineering Services Inc. Miami, Florida 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) B.S.Mechanical Engineering,Syracuse University 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Mr.Tepel has experience providing electromagnetic based technology solutions to improve the manner in which civil infrastructure is assessed and managed.With training and practical field applications, Mr.Tepel has developed a thorough understanding of the implementation of evaluation and monitoring technologies used in the condition assessment programs of pressurized pipelines. 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Miami-Dade Water and Sewer Department Route 17 PipeDiver Inspection,Miami, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Florida Ongoing N/A a. (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Lead for electromagnetic inspection of 2.5 miles of 36-inch PCCP transmission main using the PipeDiver platform to locate broken prestressing wires. The inspection was completed in three phases and the data collected will be used to create a condition assessment of the transmission main for Miami Dade Water and Sewer Department. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Miami-Dade Water and Sewer Department Route 3,PipeDiver and SmartBall, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) b. Miami,Florida Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Lead an electromagnetic and leak detection inspection using the PipeDiver and SmartBall platforms of 8 miles of a 96-inch PCCP transmission main (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Miami-Dade Water and Sewer Department Route 1,PipeDiver and SmartBall, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) c. Miami,Florida N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Lead an electromagnetic and leak detection inspection using the PipeDiver and SmartBall platforms of 11 miles of a 48-inch PCCP transmission main (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Miami-Dade Water and Sewer Department Flagler Interceptor and Coral Gables PROFESSIONAL SERVICES CONSTRUCTION(If applicable) d. Force Mains,PipeDiver,Miami,Florida Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Executed an electromagnetic inspection using the PipeDiver platform of 18.4 miles of a 4.8-and 60-inch PCCP force main (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) e. Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm 30 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 Parvesh Deonarinesingh,El Project Engineer • `TOT"` °.""TM ►T FlRM 1 1 15.FIRM NAME AND LOCATION(City and State) q _ Pure Engineering Services Inc. I'. .' Miami, Florida 16.EDUCATION(DEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) B.S.Civil Engineering,Florida International University Engineering Intern:Florida 18.OTHER PROFESSIONAL QUALIFICATIONS(Publications,Organizations,Training,Awards,etc.) Parvesh Deonarinesingh is involved with many of the inspection platforms at Pure primarily in the Miami-Dade area. His familiarity with these technological platforms such as Smartball, Pipediver, Sahara and Soundprint AFO has allowed for dynamic growth and understanding of the pipeline network in the South Florida district to facilitate successful inspections throughout.Additionally,with a focus on Acoustic Fiber Optics(AFO),he has supported as a Technological Lead in the ongoing Miami AFO installed systems(3). 19.RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Red Road Rehabilitation:Miami-Dade County,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm a. Operational/Technological lead for AFO System decommissioning and re-commissioning during rehabilitation of a 5 mile long 54 in PCCP transmission main. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Kendall Interconnect Force Main PipeDiver Inspection: Miami-Dade County, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Florida Ongoing N/A b. (3)BRIEF DESCRIPTION(Brief scope,size,cost etc.)AND SPECIFIC ROLE ®Check if project performed with current firm Planning and Operational Team for condition assessment and inspection of 9 miles of 54-60 inch PCCP force main for Miami-Dade Water and Sewer Department. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Route 3 Electromagnetics and AFO Installation:Miami-Dade County,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A c. (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE El Check if project performed with current firm Planning and Operations Team for acoustic(leak detection)and electromagnetic inspection of Route 3 96-in PCCP raw water main followed by the installation of an acoustic fiber optic(AFO)system for continuous real time monitoring of structural condition. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED West 80th Street Water Main Sahara Inspection:Hialeah,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A d (3)BRIEF DESCRIPTION(Brief scope,size,cost etc.)AND SPECIFIC ROLE ®Check if project performed with current firm Inspection team member performing a acoustic and CCTV inspection of a new and active 36-inch ductile iron pipe for the City of Hialeah to investigate the source of water quality compliance issues. (1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Miami-Dade WASD Route 11 Inspection: Miami-Dade County,Florida PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Ongoing N/A e. (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE ®Check if project performed with current firm Planning and Operational Team for inspection (acoustic leak detection and electromagnetics) of WASD's Route 11 54-60 in diameter PCCP transmission main. 31 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20 EXAMPLE PROJECT KEY NUMBER QUALIFICATIONS FOR THIS CONTRACT (Present as many projects as requested by the agency,or 10 projects.if not specified. 1 Complete one Section F for each prOect) 21.TITLE AND LOCATION(City and State) 22.YEAR COMPLETED Dixie Highway Force Main Condition Assessment, PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Tarpon Springs, Florida 2014 N/A 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME c.POINT OF CONTACT TELEPHONE NUMBER City of Tarpon Springs,Florida Steven Weyer,Public Works Division Supervisor (727)942-5606 sweyer @ctsfl.us 24.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope size.and cost.) In August 2013, the Dixie Highway Force Main in the City of Tarpon Springs - • experienced a failure due to internal corrosion from the oxidation of hydrogen sulfide gas. Internal corrosion is the primary source of failure for ductile iron pipe (DIP) force mains. Identification of areas with the highest probability for — -- corrosion are critical in the management of these assets. In June 2014, Pure ` b,, Technologies US Inc. (Pure Technologies)was retained by the City to perform a • - " comprehensive inspection and condition assessment of the force main. The pipeline consists of approximately 4,700 feet of 14-inch DIP and polyvinyl - -t- ' chloride (PVC). The project also includes one river crossing over the Anclote • River Bridge(approximately 300 ft). _ .r_.. Pure Technologies performed gas pocket, leak detection and direct assessment of the pipeline by deploying our proprietary SmartBall® PWA technology.The pipe wall assessment (PWA)tool functions in metallic pipes by detecting anomalies resulting from changing levels of stress in the pipe wall as well as leaks and gas pockets. The instrument can detect joints, material changes,some appurtenances,and many other features relevant to the operation and mapping of the pipe. Operating and surge pressures provide important information on the stresses imparted on the force main.As a result,transient pressure monitoring was also performed for two weeks following inspection. Pure Engineering Services Inc. (PES), the professional services subsidiary of Pure Technologies, provided engineering evaluation of the pump station operation and pressure transient monitoring was used to '�- determine the potential increase in risk of failure due to operational and/or surge pressures, pipe wall degradation and failure modes, and remaining useful life of the - force main. PES presented preliminary results to the City confirming the presence of anomalies f'*1 vor- detected by the SmartBall PWA tool. Analysts are presently reviewing the data to _ correlate the observed anomalies to data corresponding to gas pockets and changing 4101K4030, _ --`` levels of pipe stress. Final results will be presented in combination with transient >• pressure monitoring information. - Highlights • Condition Assessment of Ductile Iron pipe materials • Inspection performed with minimal disturbance to normal operation of the pipeline Relevant to the Project • Advanced inline leak detection s~�– • Pipe wall assessment using electromagnetics • Data analysis and condition assessment • Transient pressure monitoring • GIS-based data management and reporting • Engineering Services _ 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE a. Pure Engineering Services Inc. Miami, Florida Subconsultant 32 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20 EXAMPLE PROJECT KEY NUMBER QUALIFICATIONS FOR THIS CONTRACT Present as many project as requested by the agency.or 10 projects,if not specifies. 3 Complete one Section F for each pro ect) 21.TITLE AND LOCATION(City and State) 22.YEAR COMPLETED Government Cut Force Main Condition Assessment— PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Miami Beach, Florida 2012 N/A 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME c.POINT OF CONTACT TELEPHONE NUMBER City of Miami Beach, Florida John Schroeder, CDM Smith (614)582-5207 schroederjp @cdmsmith.com 24.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope. size,and cost.) � .. Pure Technologies US Inc. (Pure Technologies) was contracted to provide .�. inspection and condition assessment services for portions of the City of =2"" `� —44 s ft Miami Beach Public Works' Prestressed Concrete Cylinder Pipe ("PCCP") kt , , _ ` Government Cut Force Main. The 54- inch diameter PCCP force main `< - - conveys wastewater from the City of Miami Beach to Miami-Dade County : r, n Water and Sewer Department's Central District Wastewater Treatment Plant("WWTP")on Virginia Key. �t On December 13, 2011, Pure Technologies completed an electromagnetic "AI survey of the 54-inch diameter Government Cut Force Main using its 1411151Z ' patented PipeDiver°technology.Approximately one(1) mile of the pipeline was inspected from 11th Street and Michigan Avenue to Jefferson Avenue and South Pointe Drive, in Miami Beach, Florida. The remaining 2 miles i " ° were performed for Miami-Dade Water and Sewer Department under a _ - separate contractual arrangement. Of the 260 pipes analyzed within the ', if ;r T zu city limits of Miami Beach, eight (8) pipes (3.08%) were found with electromagnetic anomalies representing broken steel prestressing wire wraps. In addition to the electromagnetic survey, Pure Engineering Services Inc. (PES), the professional services subsidiary of Pure Technologies, produced tow (2), three-dimensional finite element models i of the 54-inch diameter PCCP designs. Pure Engineering Services generated performance curves to identify the Serviceability, Yield, and Strength Limit States for each pipe design. The performance - curves produced by finite element modeling provide guidance on the expected structural response of y i • .0_ an individual pipe with broken prestressing wire wraps. PES generated final reports summarizing "__:1 inspection results,analysis and recommendations for managing this asset. ' ' 'r Highlights C • Condition Assessment of force main of, '�' 1 • Inspection of subaqueous sections of pipeline previously inaccessible for inspection. -'- • Inspection had to be performed with minimal disturbance to normal operation of the pipeline. Pte"- • . 1, .n. ,, ' Q _ ' Relevant to the Project -`` ' \'-'.` "' t • Advanced inline leak detection ;_ ,I.4 • Structural inspection using electromagnetics Vii►„ ' • - °- % , ,.,■P. A L I I • Structural analysis and risk modeling '0 ,1 '' igi' • Data analysis and condition assessment '�` �•• r-'x .; - •r �- '� • Ci • Renewal strategies art, t., III mir R . '=p • . ,,- I • GIS-based data management and reporting 0. .... a' - , • Transient pressure n *II 4 1,. — fir , j 3 „ o . Peru n .- ? I. r _ '; ' as IS"��� 5��'.r I r rr- �;' 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE a. Pure Engineering Services Inc. Miami, Florida , Subconsultant 34 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S zC EXAMPLE PROJECT KEY N.L!BER QUALIFICATIONS FOR THIS CONTRACT (Present as-a^y projecs as requested by the agency.or 10 projects.if not specified. 4 Complete one Section F for each ro ect) 21.TITLE AND LOCATION(City and State) 22.YEAR COMPLETED Route 1(Red Road)Transmission Main Condition Assessment PROFESSIONAL SERVICES CONSTRUCTION(It applicable) and Remaining Useful Life Analysis—Miami-Dade County, Florida 2014 N/A 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME I c.POINT OF CONTACT TELEPHONE Miami-Dade Water and Sewer Luis Aguiar,Assistant Director Water System Operations NUMBER LAGUl@miamidade.gov (786)552-8185 24.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope,size.and cost.) Miami-Dade County Water and Sewer Department(WASD)was experiencing a number of ruptures in their water and wastewater transmission lines resulting in expensive and costly repairs. WASD's Director declared an emergency situation and directed department staff to take necessary action to appropriately assess and determine the causes to minimize and assure these transmission mains do not rupture again. Pure Technologies US Inc. (Pure Technologies) was contracted to perform immediate assessment and condition reporting,which is ongoing. Route 1(Red Road)was one of the first water transmission lines inspected.The Route 1 Transmission Main conveys potable water from the John E. Preston Water Treatment Plant to the City of Hialeah and northern Miami-Dade County. Florida Department of Transportation (FDOT) plans to re-pave a section of Red Road to widen the road. Supported by results of Pure Technologies' inspections,WASD has entered into a Joint Participation Agreement(JPA)with FDOT to install a new section of pipe in coordination with the re-paving to minimize the duration of construction impact to the surrounding area.This plan led WASD to request analysis of different management options for sections of Route 1. Pure Engineering Services Inc. (PES), the professional services subsidiary of Pure Technologies, provided services relating to the development of long-term asset management strategies for sections of Route 1.Services compared the cost of managing existing assets against the cost of capital replacement. The cost of managing existing assets was derived from a PES developed PCCP deterioration model that considers historical pipeline information, specifications, and contract-specific condition assessment data. Scenarios were created and executed in a deterioration model considering the rate of deterioration observed during Pure Technologies'electromagnetic(EM)inspections and the rate of deterioration observed during the commissioning of acoustic fiber optic(AFO)monitoring. Merging engineering, technological, and operational expertise with inspection services, WASD has refined their long-term asset management approach for Route 1 based on the unique and specific characteristics of this pipeline.The program provides long- term projections comparing the cost of repairing a projected number of pipes requiring remediation and to the estimated cost of capital replacement. Through PES' expertise and experience with pressure pipe assessment techniques and technologies, an individualized assessment strategy was developed for this transmission main. Highlights • A section of Route 1 experienced a Category 1 failure in March of 2010. The rupture was a result of corrosion induced hydrogen embrittlement failure of Class IV prestressing wire. • Results of Pure Technologies'2010 and 2011 Red Road inspections allowed WASD to proactively rehabilitate 72 pipe sections in a state of incipient failure. • The level of distress detected electromagnetically and acoustically within a section of Route 1,currently calculated as 4.4%,has been consistently above Pure Technologies'global average of 3.9%. • The long-term asset management analysis indicates that the proposed management approach of the Route 1 assets costs WASD approximately 33%to 50%less than the originally planned capital replacement through the Year 2035 • Analysis methodologies are being incorporated into future transmission main planning efforts throughout WASD's large diameter transmission main network. Relevant to the Project • Advanced inline leak detection • Structural inspection using electromagnetics • Structural analysis and risk modeling • Data analysis and condition assessment • Renewal strategies • GIS-based data management and reporting • Transient pressure monitoring • Engineering Services 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE a. Pure Engineering Services Inc. Miami, FL Prime 35 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S ZO EXAMPLE PROJECT KEY NUMBER QUALIFICATIONS FOR THIS CONTRACT (Present as many projects as requested by the agency.or 10 projects.if not specified. 5 Complete one Section F for each pro ect) 21.TITLE AND LOCATION(City and State) 22.YEAR COMPLETED Preliminary Condition Assessment of Cypress Creek Supply PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Main (30-,36-,42-,and 48-inch Diameter PCCP)— 2014 N/A Clearwater, Florida 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME c.POINT OF CONTACT TELEPHONE NUMBER Tampa Bay Water,Clearwater, Florida Suzannah J. Folsom, P.E., (813)929-4554 sfolsom @tampabaywater.org 24.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope.size.and cost.) In July 2014, Pure Technologies US Inc. (Pure Technologies) completed a leak detection survey and electromagnetic inspection of 3 miles of 30-, 36-, 42-, and 48-inch diameter Cypress Creek Supply Main. The supply main, owned and operated by Tampa Bay Water (TBW), conveys raw water originating from multiple wells along an alignment that travels to the Cypress Creek Pumping Station. The leak detection and electromagnetic surveys were completed using Pure Technologies' patented SmartBall® and PipeDiver® technologies, respectively. The pipeline is comprised of 30-, 36-, 42-, and 48-inch diameter prestressed concrete cylinder pipe (PCCP). In addition to the electromagnetic inspection, Pure Technologies performed a non-destructive assessment of each of the representative pipe diameters in the field, measuring mortar thickness, prestressing wire size and spacing. Pure Engineering Services Inc. (PES), the professional services subsidiary of Pure Technologies, produced three-dimensional finite element models of the 36-, 42-, and 48-inch diameter PCCP designs. PES generated performance curves, based on measurements taken in the field, to identify the serviceability, yield, and strength limits for each pipe design. The performance curves produced by finite element modeling provide guidance on the expected structural response of an individual pipe with broken prestressing wire wraps. PES .. t . :•.- _- - . • generated final reports summarizing inspection results, analysis }' -,; and recommendations for managing this critical asset. ;-- ....1-, . 2 / ) its Highlights _ _- • Condition Assessment of PCCP pipe material 1_40i c • Inspection performed with minimal disturbance to normal - ,.`, j Fes; operation of the pipeline. • Pure found that over 98% of the pipe segments inspected - w 4 j had no deterioration, and approximately 1%were rated as A 6.• under moderate level of distress with one pipe requiring immediate intervention. ' `, Relevant to the Project . ' '''''..I.4 4''4:4likl:Ili':''' -:: • Advanced inline leak detection -•. _ • Structural inspection using electromagnetics • Structural analysis and risk modeling I t '. • Data analysis and condition assessment �, .- • GIS-based data management and reporting now • Transient pressure monitoring r'�t • Engineering Services { op •* ,. \ 4 , , ,,,,. - LiliA ih, --' \I i' ,. 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1)FIRM NAME (2)FIRM LOCATION(City and State) ' (3)ROLE a. Pure Engineering Services Inc. Miami, Florida Subconsultant 36 F.EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 2C E:OkAIP,E PROJECT KE,40.113ER QUALIFICATIONS FOR THIS CONTRACT i Present as many projects as requested by the agency.or 10 projects.if not specified_ 6 Complete one Section F for each prated.) 21.TITLE AND LOCATION(City and State) 22.YEAR COMPLETED Closed Circuit Video and Acoustic Inspection-City of PROFESSIONAL SERVICES CONSTRUCTION(If applicable) Hialeah, Florida 2014 N/A 23.PROJECT OWNER'S INFORMATION a. PROJECT OWNER b. POINT OF CONTACT NAME c.POINT OF CONTACT TELEPHONE GPE Engineering and General Contractor Lester Jimenez NUMBER Corporation lester@gpeeng.com (305)828-5307 24.BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT(Include scope.size.and cost.) GPE Engineering retained Pure Technologies US Inc. (Pure Technologies) to perform a video inspection of approximately 4,800 feet of an active 36-inch diameter ductile iron pipe (DIP) owned and operated by the City of Hialeah Water and Sewer Department. Video inspection was conducted with Pure Technologies' Sahara° II platform to identify areas of sediment buildup. Result of the survey enabled the City to target vacuuming and/or jetting of the pipe for sediment removal. Services were performed to support the City's water quality compliance tests. Pure Engineering Services Inc. (PES), the professional services division of Pure Technologies provided project management, oversight and technical review of all deliverables. Highlights • Acoustic Leak Detection • Closed Circuit Video inspection of pressurized water main. • Inspection had to be performed with minimal disturbance to normal operation of the pipeline. Relevant to the Project • Advanced inline leak detection GIS-based data management and reporting .z , air ..• fr- te, ". Pt - %- i--- 14.7, 2:1=1: - Lacaline COI*Dm.lboi r1. ---Fo dird.otion bah) 1!-. . , . 1; "z. L ` W - r_ 4 --A.,.wnbiy "" • /nr Wiz^+.*._... a . � _ 1 te - , Insalmn 9 ' 10/ \-- NOUN*DOWN DM .ti 25.FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1)FIRM NAME (2)FIRM LOCATION(City and State) 1 (3)ROLE a. Pure Engineering Services Inc. Miami, Florida j Subconsultant 37 • D CO • w TAB 3 Approach and Methodology ENGINEERING SERVICES 3.1 Project Approach This section details the project approach per the RFP requirements. It provides a general description of project implementation, a summary of potential technologies that could be used to complete the work. 3.1.1 Project Understanding The City's Public Works Department is responsible for the operation and maintenance of approximately 1.6 million linear feet of gravity and pressure pipelines within its water and wastewater systems ranging in diameter from 4- to 54-inches. The City completed the development of a Water System Master Plan in 1994, a regulatory mandated wastewater Peak Flow Management Study in 2009, and a Sanitary Sewer Evaluation Survey in 2012.Since that time, the City has utilized the recommendations from these reports and other supporting technical memoranda to prioritize, rehabilitate and replace existing water mains, gravity sewers and force mains based on meeting fire flow and improved level of service requirements. The City has successfully implemented a water pipeline replacement/rehabilitation program and gravity sewer rehabilitation in coordination with the City's neighborhood improvement programs facilitated by the City's Capital Improvement Program Office (CIP). The renewal and replacement of remaining infrastructure, due to age, condition or priority may not have coincided with the prioritization plan for neighborhood improvement projects.As a result, PES anticipates the City will require additional support to provide planning,inspection,design and construction management services,,on an as-needed-basis,for specific water and wastewater pipeline renewal and replacement projects. By selecting PES, the City will be able to implement proactive management strategies that minimize pipeline failures and renewal costs by prioritizing, identifying, and addressing deteriorating infrastructure through risk based, non- destructive assessment techniques. Specifically, PES will provide focused inspection and assessment that uses quantitative data and structural analysis based on proven methodologies.This approach will identify deteriorated pipes allowing for localized renewal of these assets forgoing large rehabilitation or replacement options. 3.1.2 Methodology One of the key philosophies of PES is to focus valuable economic resources and personnel on condition data collection and evaluation, the most important aspect of a condition assessment and management program.The collection and evaluation of condition data should be the primary focus of any assessment program as the data collected and evaluated is the only true way of increasing pipeline reliability and determining the pipeline's remaining useful life. PES does not view these projects as studies. Instead,we focus on providing actionable information to our client with projects and programs designed to meet primary objectives: • Immediate Repairs: Identify what immediate repairs are necessary to avert imminent pipeline failures. • Program Capital Budgets: Estimate remaining useful service life of a pipeline to properly coordinate the utility's capital budgets. • Maintaining a Low Risk Level: Following inspection and repair, the risk of pipeline failure is low. Our projects/programs include recommendations on how a utility should proactively manage a pipeline to maintain a low level of risk. The comprehensive condition assessment and management of pressurized water and wastewater infrastructure has historically proven difficult for owners/operators. Techniques or technologies,allowing the main to remain in service often allow for the most cost effective inspections by averting flow bypass. In order to develop a comprehensive strategy for pressure pipe assessment; technological,"operational, 38 EIIOML e engineering, and financial factors must be carefully evaluated to ensure resources are best implemented. In order to perform a condition assessment project that provides useful data and increase pipeline reliability,the"right"technologies must be selected that meet the technical needs of the project and can be implemented while meeting the logistical constraints of the utility. Developing an appropriately scaled level of detail and scope of work is important to ensure that the project is successful. PES is prepared to offer the following specialized services as they relate to the pipeline management: • Data gathering and gap analysis of existing information as it related to the specific assets; • Development of Planning Documents including asset specific technology selection; • Performance of Condition Assessment Surveys;and, • Development of Engineering Reports describing technologies used,findings,and recommendations for long term pipeline management. 3.1.2.1 Data Gathering and Project Planning Documents Prior to the development of any pipeline management project, existing information as is related to the specific assets will be collected and reviewed. As part of the review, existing information must be compared with what is necessary to develop the assessment plan and ultimately the condition assessment of each asset.This"gap analysis" will provide a summary of the available information related to the City's pipelines as well as what is currently not available. Data collected during this phase of the project will be used to determine applicable technologies and necessary improvements to the pressure main for deployment of the tools.This information is also critical in the structural modeling and is used in analysis phases that assist in estimating remaining useful life are developed from data collected. PES will also perform a site visit to verify and inspect access locations and potential challenges. PES will meet with the City to formulate a plan on how the inspections should be performed. Based on this site visit, Planning Documents will be prepared that will describe execution of the inspection processes for all proposed technologies. The Planning Documents will be submitted for review and will be revised until mutually agreeable.The Planning Document improves preparation and communications with all involved parties and is an important aspect of a successful project. 3.1.2.2 Condition Assessment Survey and Technology Selection Technology selection is a key part of any condition assessment project and requires a sound technical understanding of the various tools available in the industry. Prior to developing any inspection and assessment planning protocols for the City, it is critical for key stakeholders to understand the available technologies used for non-destructive testing of pressure pipelines. Therefore, Pure Technologies will prepare a summary (formal or informal) to allow the City to develop a mutual understanding of these tools. Pure Technologies has significant experience with pressure pipe assessment technology research, development, and implementation. Some of the variables Pure Technologies evaluates when selecting technologies for assessing a pipeline are as follows: • Pipeline Risk; • Pipe Material; • Pipe Diameter and Length; • Operational Constraints; • Pipeline lnspectability; • Cost Efficiency of Technologies; 39 E�aa�w�scR-�s • Technology Limitations;and, • Ability to Provide Actionable Information. Pure Technologies has not only provided similar technology summaries as well as project specifications for other utilities, but we have also utilized a wide array of non-destructive testing technologies, which provides an understanding of the schedule, cost, and analysis times for each of the tools that may be utilized under this contract. 3.1.2.3 Engineering Reports and Pipeline Management Strategies The condition assessment report will include, as appropriate, discussion of the condition assessment survey data, location of any leaks and/or gas pockets in the pipeline, identification and discussion of any pipe wall condition anomalies detected, a structural analysis indicating yield and strength limits of the force main,and recommendations for pipeline management strategies. As part of final reporting, PES can also provide repair/replacement recommendations, as well as long- term management strategies can be developed using a risk based assessment in order to provide a comprehensive pipeline management protocol for each asset. PES has extensive experience with incorporating condition assessment programs within an owner's/operator's asset management and planning strategies. PES can also help to develop the following financial evaluation for three(3) pipeline management options. This financial evaluation provides an analysis of the most common pipeline management strategies to determine the most cost effective approach and provide a business case for the various long-term management strategies.The three(3)most common strategies for pipeline asset management are: • Do nothing and repair the pipe as it fails—Do Nothing • Implement a capital replacement program—Capital Replacement • Implement a comprehensive management program that identifies and addresses pipe sections in need of replacement/repair on an as needed basis—Assess&Address PES has developed several financial evaluations for transmission main inventories for these management options extending their costs over 25 to 50 years. These evaluations indicate that the Assess & Address approach provides savings of more than 75%over the capital replacement cost. By implementing the steps outlined above, an individual pressure pipeline management strategy can be developed using technology and engineering judgment that provides a reliable long-term management plan for the City. This phase is one of the most critical in the project as developing a long term management strategy for a pipeline should deliver a safe, reliable, and defensible program. Successful pipeline management programs are the result of a partnership between the utility and engineer; therefore, PES' philosophy is to develop long-term management strategies in close coordination with the City. 3.1.3 Technology Descriptions PES and Pure Technologies are industry leaders in the development and application of innovative technologies for inspection, monitoring and management of water and wastewater pressure pipelines. PES' expertise and technologies are being used around the world to help utility operators mitigate pipeline deterioration and maximize capital budgets for rehabilitation and replacement programs. These tools are also utilized by municipalities to provide construction engineering inspections and utility 40 fNO1�tlMG SENICES - locating/mapping services. The following sections further describe potential inspection technology and analysis techniques that may be utilized under this contract. 3.1.3.1 Leak and Gas Pocket Detection PES offers two acoustic based technologies, SmartBall° and Sahara®, capable of identifying leaks and pockets of trapped gas. These tools identify leaks and gas pockets traversing an active pipeline with a device capable of recording changes in the background acoustical profile of a pressurized main. Gas pockets are of particular interest as they reduce pipeline capacity and can cause additional distress as part of a transient pressure "!! • event. SmartBall® Leak and Gas Pocket Detection: SmartBall technology is capable of identifying leaks and air pockets while traversing a pipeline with a device capable of recording changes in the acoustic profile of a pressurized main. Our non-destructive leak detection technologies can accurately locate even pinhole leaks, allowing for immediate repairs that reduce non-revenue water and prevent leaks from leading to failure. Surveys are conducted under live SmartBall'Free-swimming Leak and Gas operating conditions, providing condition information without any Pocket Detection disruptions to service. Battery power allows the SmartBall system to inspect many miles of pipeline in a single deployment, making it a suitable choice for long sections of pipeline, pipelines with butterfly valves, and pipelines where no video inspection is required. The SmartBall device is a free-flowing tool used to conduct in-line leak and gas pocket screening in pressurized pipelines. It can complete long surveys in a single deployment without disruption to regular pipeline service. The tool is equipped with a highly sensitive acoustic sensor that is able to identify and locate leaks. -- Leak ,. Detection Condition Assessment ......r. - , sae rrOro aryawea.ara.i ¢..+r..r .wr■a r.raaaw lAi r'.�►hrA.r. .aalb.asM V „rir rai~ w�wwy rryyY SWIM a4a1.16 01111.0 aa.ra � a.rarr I r��rr —.. r.rryrar • • aarsbpr a�a ..,X war, ..R .r+s.r. Oren iew(fa 71 piccal Smart&ald Sum. An acoustic emitter within the SmartBall tool emits high frequency, timed, acoustic signals that are detected by proprietary SmartBall Receivers (SBRs) positioned at predetermined locations on the surface. The SBRs track the tool's movement and location, correlating its position at any time to provide accurate location information for acoustic events recorded during the survey. Once the SmartBall tool has traversed the entire pipeline length, it is typically captured and retrieved in a custom, engineered net or screen. 41 Sahara® Leak and Gas Pocket detection and Video Survey: The Sahara system consists of an acoustic sensor to detect leaks and air pockets, as well as with a HDTV camera to collect video of the internal condition of a pipeline. Surveys are conducted under live operating conditions. Once a leak, air pocket, or visual defect of interest has been detected, the technology is used to pinpoint its location (and size for leaks), all in real time during the _ inspection, ultimately facilitating strategic rehabilitation. Sahara pipeline inspections are conducted while the main remains in service by inserting an acoustic sensor and video camera into a 4- - inch opening. A small parachute uses the flow — of water to draw the sensor and camera through the pipeline while the operator Sahara System monitors its progress. The sensor and camera are tethered and send a signal to the surface, allowing for real-time results, and maximum control and sensitivity. The sensor and camera is tracked from above ground throughout the inspection. If any leaks or air pockets exist,the sound of the leak or air pocket will be transmitted from the sensor to the operator,who will then use a combination of visual and audio signals to position the tool at the leak location.The above- ground tracking tool can determine the location of the now-stationary sensor head, and therefore the leak or air pocket.The leak position is then marked on the surface, for subsequent repairs. 3.1.3.2 Pipe Wall Assessment(PWA) In addition to leak and gas pocket detection, PES can perform a direct assessment of the pipe wall by deploying PWA technology on the SmartBall and Sahara platforms. The PWA tool functions in metallic pipes including steel, ductile iron, and cast iron by detecting anomalies resulting from changing levels of stress in the pipe wall. Stress is increased wherever the wall is thinned; where cracks have developed (even if they are not completely through the wall);where the pipe has been damaged or pitted externally or internally; where the pipe is under severe bending, compressive, tensile or torsional stress; where the original construction of the pipe wall is anomalously thin; or, where a pipe is under-designed for its current operating pressure. c The instrument can detect joints, material changes, some appurtenances, and many other features relevant to the operation and mapping of the pipe. Relative position of the damage (crown or invert) can also be made and the longitudinal extent of the damage can be estimated. Furthermore, identification of stress points (e.g. point loads or bending stress) can be detected by m n,i • ,um; Iiin:mai bSinmai maoes the PWA technology where no other commercially A°° anoma�lr5 ""�"'`ft Abnits available tool can do so. Example data taken from a PWA Data for Several Pipes SmartBall PWA survey of a 24-inch diameter cast iron water main is shown (above right and below). Several of the defects identified on these pipes were validated through excavation, sandblasting, and quantifying the extent of corrosion. Once PWA data is collected and analyzed, semi-quantitative information regarding the condition of each pipe section (joint to joint)will be provided to PWCA. Specifically,the defects will be ranked from highest concern to lowest allowing for follow-up action. Ideally, several of the anomalous pipes would be 42 tnc validated and this information can then be extrapolated to the remainder of the survey data allowing for a more informed decision to be made on the remaining life of the asset. Data can be provided in tabular format and/or spatially on a pipe-by-pipe basis since each joint is identified by the technology. The tool does not actually map the pipe, but using the pipe table generated from the data and GPS ! —points of all accessible a "° �� p appurtenances, an approximation .�• can be made for each segment of pipe for the full a R alignment. Corre ation between PWA Data an• Va,.ation •r a Single Pipe 3.1.3.3 Electromagnetic inspection Electromagnetic inspection is a non-destructive technique that detects and quantifies the number of broken prestressing wires or reinforcing bars in prestressed concrete cylinder pipe and bar wrapped pipe. Electromagnetics also identifies areas of corrosion and wall loss in metallic pipes. PES has unparalleled access to a range of equipment(manual, robotic and free swimming)that facilitates condition assessment of various diameters and operating conditions. With robotic systems, pipelines do not have to be totally dewatered to accommodate the inspection.With free swimming tools the pipeline remains in service. Robotic Inspection: These inspections are performed using a tethered, remote-controlled, all-wheel drive vehicle.The robotic tools only require depressurization of the entry point. On pipelines with acc ess points t h at are less than 20 inches, , dewatering of the entry point may be required so that the tool - ;.. can be assembled inside the pipe. In some cases dewatering can be avoided entirely. The robotic tools are attached to a tether, which supplies power to the tool. A video camera is mounted to the tool to facilitate driving, particularly when navigating around bends. The footage also shows the visual condition of the internal pipe wall. The video footage as well as the data collected can be viewed in real time via two monitors. The umbilical cord and the monitors are stored inside a van which is used to transport the equipment to each pipeline entry point. PipeDiver® Free Swimmin g Tool: PipeDiver is neutrally buoyant and is carried by the flow of water, travelling at approximately 90% of the flow rate. It can be inserted into an open channel, chamber or other opening to the line that iv allows the tool to enter the pipeline. In general, for launches , - � =` using existing features, some depressurization is required. It can be retrieved from the reservoir or other contained opening. A remotely operated vehicle or professional divers can facilitate retrieval where necessary. For pipelines without existing means of launch and retrieval, flanged outlets are PipeDiver'Inspection Tool required so that launch and retrieval tubes can be utilized. If no outlets exist, hot taps can be installed. Launch and retrieval points are strategically positioned to minimize insertions and maximize inspection distance. The number of access points required is determined by the pipeline features such as bends,valves,tees,wyes and diameter changes. 43 HaSSA11111114111re-_ , RIIC _ _ v i E +.r ' _ ---- ---- Example of EM data collected from DIP Section(blue locations represent defects) 3.1.3.4 Pipeline Mapping Accurate mapping is essential to the cost-effective management of an underground utility system. Water pipelines in particular are usually more difficult to map when compared to other above-ground assets, since changes in pipe direction cannot be detected above the ground in most cases. Pure utilizes a number of methods to overcome this challenge; however,our Inertial Mapping Unit (IMU) provides the most accurate, cost- .i effective method for mapping underground pipelines. The . IMU allows us to map the complete path of a pipeline including, both, horizontal and vertical bends. 5, PES utilizes a LANDINS Fiber Optic Gyro (FOG)-based Inertial .ate Navigation System (INS) to map pipelines. This unit, when supplemented with high-accuracy (sub-meter) GPS and condition assessment data, provides an accurate representation of the pipeline in an output GIS format. This IMU can be implemented as a part of either a manned or Pure Engineering Services'personnel preparing for IMU inspection robotic inspection. The IMU is first calibrated using an integrated GPS unit, then inserted into the pipeline. Once inserted into the pipe, the unit traverses the length of the pipeline and is extracted at the end of the inspection.The unit is then recalibrated with the on-board GPS. Additional GPS points are collected using Trimble Geo XH 6000 and or 7x series handheld units. These points are used during post-processing to improve the accuracy of the resultant pipeline representation. The output data file is then combined with the best available "pipe list" to generate a pipe-by-pipe accurate representation of the pipeline. 3.1.3.4 Structural Analysis To develop actionable information from data generated by the various inspection tools, Pure Technologies has developed an innovative series of condition based pipeline management models. These models incorporate the hydraulic evaluation data from pressure transient monitoring as previously discussed, as well as industry design specifications for each force main. These structural models are presented in a pipeline condition curve that allows for both the localized and systemic condition evaluation of the force main. An example of a condition curve is illustrated in the figure below. These models may be developed prior to the deployment of pipe wall measurement tools, allowing for immediate repair or replacement decisions once the data is collected. 44 1 Ma'WEIRSIG SERVICES Pure Technologies has developed several advanced analyses using statistical methods that are part of the suite of services provided. The purpose of these analytical methods is to provide data-driven decision support to clients when evaluating pipeline alternatives associated with whole life management of these assets. •�r Wall thickness data can be statistically I - . p analyzed to evaluate the failure probability "' "'""� for pipelines. A Monte Carlo simulation is �•�• — used to estimate remaining wall thickness �_�•� ���� and rate of loss based on the results of the . - - condition assessment survey, the PipeDiver -� EM inspection and validations, and the 1-a. structural evaluation. Using this simulation, - - �,-� ■` % pipe management strategies can be • - I developed that address the short-term —; ; ; ; ; i ;4 ; ; ; i ; i i management and long-term renewal S: . - - - - strategies for the force main. Pipeline Condition Curve Note that a statistical evaluation and remaining useful life calculations are contingent upon validating wall thickness measurements from the EM inspection results. The preferred means to accomplish the remaining useful life calculations is via test pits that are chosen at statistically significant locations. Another alternative would be to collect ultrasonic thickness measurements and locations where leaks or pockets of trapped gas are being externally repaired. 3.2 Project Management Plan PES has a well-developed and highly effective Project Management practice focused on establishing and achieving project goals. PES' project managers are trained in company and industry-standard project management practices. Mr.Jason A.Johnson, P.E. will serve as the Project Manager for this contract and will lead our team of engineers, scientists and technicians. Mr.Johnson and PES integrate their past water agency and pipeline manufacturing experience into their project management positions, enhancing each project manager's ability to understand the client's priorities, operations, and overall infrastructure assessment needs. 3.2.1 Key Staff Roles& Responsibilities Pure Technologies has assigned key people that will be responsible for executing any project assignments received under this project. Furthermore, there are several key people that would be included on the projects, should their specific expertise be required. The project organizational chart and resumes for key personnel are included in the Tab 2. During the project planning phase, the Project Manager will clearly define the roles and responsibilities of staff. Action items, milestones and deadlines will be established and reviewed on a regular basis and as needed. Commitment of Staff: PES has highly-trained inspection personnel available. Our team of experts can be scheduled to accommodate most inspections within a client's defined timeframe. During periods of higher demand, priority is given to clients who have written contracts with PES and firm dates that are specified at least two weeks in advance to the expected mobilization date.That being said, PES is flexible enough to accommodate most short-notice inspections and last-minute scheduling changes. 45 • • EMGINIER CSERVICES Coordination between Disciplines: PES has detailed standard operating procedures (SOP's) to ensure coordination between disciplines. These include forms and tools for communicating project background, scope, deliverables, deadlines and critical success factors. They detail methods and requirements of communication for project updates,data transfer,escalation,and more. Coordination between other Projects: PES' Operations Resource Manager ensures that all projects are adequately staffed with the appropriate equipment and personnel. The Analysis Resource Manager ensures that the Analysis team is sufficiently allocated to cover all projects. 3.2.2 Schedule Control PES will work with a client to establish a list of key project dates, including inspection start and completion, data analysis completion, and deliverable due dates. PES will participate in regular project meetings to review status and requirements. If a scheduling issue is identified, it will be communicated. Efforts, such as additional staff and equipment,will be utilized to resolve the issue. 3.2.3 Budget Control The Project Manager will develop a budget for the project to ensure PES will provide the contracted service for the contracted price. All project costs, including direct expenses and labor, are factored into the project budget. This budget will be revisited and measured against progress at intervals throughout the project process,depending on the complexity and schedule of the project. 3.2.4 Communication Plan The PES project team and City ensure project communications start and remain effective by initiating each project with a "kick-off meeting." Designed with each project's specific goals in mind, the kick-off meeting seeks to: • Identify and include all project stakeholders,including members of PES'project team; • Establish the project's critical success factors for each stakeholder; • Confirm project schedule,budget and deliverables; • Set forth a communications plan to be used for the duration of the project. This process gets each project started off smoothly,whether the project is small and short in duration,or complex with multiple technologies and stakeholders. 3.2.5 Document Control Plan Document Control Plan: PES' document management system is focused on security, version control and • archiving. Detailed SOPs ensure that documents are controlled and organized. The Project Manager initiates all documents and is the keeper of all documents throughout the project. Upon project completion,all documents are archived in,both, hard and soft copies. 3.2.6 Risk Management Early in the execution of each project, PES develops an internal, detailed project plan.The project plan is essentially a road map to project success, documenting the critical factors identified during the kick-off meeting, and identifying possible risks to achieving each critical factor. While not all risks can be eliminated, the project plan provides the Project Manager with a platform for identifying actions and resources which may mitigate each risk. The project plan also outlines project staffing and equipment, subcontractors(as required),and key schedule dates. 46 DIGMEE•NG 211103 3.2.7 Quality Assurance& Quality Control In order to provide the City with high-quality deliverables, PES will implement a Project Quality Plan (PQP) for the execution of any inspection and condition assessment project. PES considers the quality control and review cycles of a project to be just as important as the actual production tasks performed. For that reason, Pure Technologies has assigned a Quality Manager to the project that will implement quality assurance measures to ensure that quality control procedures are carried out continuously. Pure Technologies will create the PQP that will document, not only the processes and procedures to be implemented for this project, but also the quality assurance/quality control (QA/QC) processes that will occur. At the request of the City, PES will provide a more detailed summary of our Quality Assurance and Quality Control protocols. 3.3 Current Workload and Ability to Meet Project Schedule Pure Technologies has established offices and teams in Florida and the Southeast to serve our growing client base. Our staff consists of more than 250 engineers,scientists and technicians dedicated to pipeline inspections, project management and engineering support. The amount of time available for key personnel has been evaluated based on current and projected workloads. Pure Technologies has the available resources and is prepared to dedicate the necessary staff to ensure the successful execution of any project assignment.Our Team will successfully execute the proposed work according to the schedule defined by the City with the highest quality standards. Key personnel assigned to City assignments, their specific roles and experience are detailed in Section 2.As noted in Section 2, all projects initiated by the City will be managed out of our local office. Project teams will vary depending on the size and scope of the project and can leverage our resources, experience and variety of technical specialists to complete task authorizations. Below is a summary of the resources available: Subject Matter Experts • MFL Data • Water Engineering Resources • Wastewater • Hydraulic Analysis • Structural Engineering • Forensic Evaluations • Metallic Pipelines • Pipeline Prioritization • Concrete Pipelines • Pipeline Repair and Rehabilitation • Condition Assessment • FEA Modeling • Risk Assessment • GIS Data Management Technology Experts • GIS Pipeline Mapping • SmartBall Field Operations Personnel • Sahara • Project Managers • PipeDiver • Project Leads • Pure Robotics/Pure EM • Technicians Data Analysts • Acoustic Data • Electromagnet Data 47 .. EVi�+�CI�SFYYIE,a 3.4 Verification of Intent to Utilize Disadvantaged Business Enterprise Firms As indicated in the RFQ (Tab 3 Summary of Requested Information) and Addendum 8, the intent of the City is for the majority of services defined in this solicitation to be performed directly by the proposer.As a result, PES has not listed sub consultants as part of this response.The potential scope of work will vary and PES will explore teaming opportunities on a project-by-project basis to meet all Disadvantaged Business Enterprise(DBE) requirements as outlined by the City. 48 Client#:41105 PURETECI ACOR®TM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)1/11/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: IMA, Inc.-Colorado Division PHONE FAX (A/C,No,Ext): (A/C,No): 1705 17th Street,Suite 100 E-MAIL ADDRESS: Denver,CO 80202 INSURER(S)AFFORDING COVERAGE NAIC# 303 534-4567 ACE American Insurance Company 22667 INSURER A: p y INSURED INSURER B:Liberty Mutual Fire Insurance C 23035 Pure Technologies U.S. Inc. INSURER C:Liberty Mutual Insurance Compan 23043 8920 State Route 108,Suite D INSURER D: Columbia,MD 21045 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY OGLG24995896 12/31/2015 12/31/2016 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE occurrence) $100,000 X Sudden&Accidental MED EXP(Any one person) _$5,000 Pollution PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY AS1 B71170821055 12/31/2015 12/31/2016 COMBIa accideNED nt)SINGLE LIMIT 1,000,000 (E X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X N -OWNED PROPERTY DAMAGE AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION WC2B71170821045 12/31/2015 12/31/2016 X STATUTE EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N (Includes Stop Gap) E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A E&O/Professional EONG25566087002 12/31/2015 12/31/2016 Ea Claim: $5,000,000 Liability Aggregate: $5,000,000 SIR: $250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Named Insureds: Pure Technologies U.S. Inc., PureHM US Inc.,Jason Consultants, LLC, Pure Holding Inc., Pure Engineering Services Inc. RE: PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES IN SPECIALIZED CATEGORIES ON AN AS-NEEDED-BASIS PURSUANT TO REQUEST FOR QUALIFICATIONS NO.2014-346-YG (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1700 CONVENTION CENTER DRIVE ACCORDANCE WITH THE POLICY PROVISIONS. 3rd FLOOR Miami, FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1211300/M1204211 MCB1 DESCRIPTIONS (Continued from Page 1) City of Miami Beach is included as Additional Insured on the General and Automobile Liability Policies if required by written contract or agreement subject to the policy terms and conditions.A Waiver of Subrogation is provided in favor of Additional Insured on the General,Automobile Liability and Workers Compensation Policies if required by written contract or agreement subject to the policy terms and conditions. SAGITTA 25.3(2014/01) 2 of 2 #S1211300/M1204211 POLICY NUMBER:OGLG2 4 9 9 5 8 9 6 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ Insured Copy POLICY NUMBER:OGLG2 4 9 9 5 8 9 6 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage" "personal or personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing 1. Required by the contract or agreement; or operations;or 2. Available under the applicable Limits of Insurance shown in the Declarations; 2. In connection with your premises owned by or rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Insured Copy COMMERCIAL AUTO CA 88 10 01 10 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.C BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. ® COVERAGE INDEX SUBJECT PROVISION NUMBER = ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ® ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 ° = BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE- BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN /LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II-LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 1 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. N ® E. This coverage extension does not apply to: o ° (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. N 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE,paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For"medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 5 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE,is amend- ed to provide a limit of$50 per day and a maximum limit of$1,500 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" "auto"from the total theft of a covered auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN 1 LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. @2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 5 a 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or"loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 v 20. HIRED AUTO COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with ■ a driver. ® SECTION V-DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental ■ anguish, mental injury, shock, fright or death resulting from any of these at any time. 0 COMMMON POLICY CONDITIONS ® 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. O ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 POLICY NUMBER:OGLG2 4 9 9 5 8 9 6 COMMERCIAL GENERAL LIABILITY CG 02 2410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ TT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days'Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 2410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ Insured Copy WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. This endorsement is not applicable in the state of NJ. Schedule Where required by contract or written agreement prior to loss and allowed by law. In the states of CT, FL and MD,the premium is 1%of the total manual premium, subject to a minimum premium of$250 per policy. In the states of AL,AZ,CO,GA, MO and SC the premium is 0%of the total manual premium,subject to a minimum premium of$0 per policy. In the state of IL the premium charge is 1%of the total manual premium, subject to a minimum premium of$100 per policy. In the state of LA the premium charge is 2%of the total standard premium, subject to a minimum premium of$250 per policy. In the state of NC the premium charge is 2%of the total manual premium, subject to a minimum premium of$100 per policy. In the state of VA the premium charge is 5% of the total manual premium, subject to a minimum premium of$250 per policy. In the state of WI the premium charge is 2%of the total manual premium, subject to a minimum premium of$50 per policy. Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No.WC2-B71-170821-045 Effective Date Premium$ Issued to Pure Technologies US Inc. WC 00 03 13 ©1983 National Council on Compensation Insurance: Page 1 of 1 Ed.04/01/1984 NOTICE OF CANCELLATION We will not cancel this policy until written notice of cancellation has been delivered to those scheduled below at least: a) 10 days before the effective date of cancellation, if we cancel for non-payment of premium, fraud, or misrepresentation;or b) 60 days before the effective date of the cancellation if we cancel the insurance afforded by this policy for any other reason. Failure to provide notice under this endorsement will not affect the validity of the cancellation except as it relates to the person or organization listed below. NAME ADDRESS Pure Technologies US Inc Attn: Geoffery Krause 3rd Floor,705-11th Avenue SW Calgary AB T2R 0E3 Canada In no event will the notification be less than the minimum days required for notification by state statute. Notification will be provided to all parties in a manner as required by state statute, if any. Issued by Liberty Mutual Fire Insurance Company 16586 For attachment to Policy No.WC2-B71-170821-045 Effective Date Premium$ Issued to Pure Technologies US Inc. WC 99 20 13 ©2010,Liberty Mutual Group. All Rights Reserved.. Page 1 of 1 Ed.09/01/2010 Forrm W-9 Give Form to the Req�ues# for �'axpayer (Rev.August 2013) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) Business name/disregarded entity name,if different from above O Pure Technologies US Inc a. Check appropriate box for federal tax classification: Exemptions(see Instructions): c ❑IndividuaVsole r c 0 proprietor ❑ C Corporation ❑s Corporation ❑ Partnership ❑Trust/estate Exempt payee code(If kink) ❑ Limited liability company.Enter the tax dassfflcation(C=C corpciralion,S=S corporation,P=partnership)► Ezemptlon from FATCA reporting code(limy) a= ❑ Other(see Instructions)I* lgAddress(number,street.and apt.or suite no.) Requester's name and address(optional) 8920 State Route 108 Ste D 0, City,state,and ZIP code ct Columbia,MD 21045-2397 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 the"Name"line Social security number to avoid backup withholding.For individuals,this Is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part.l 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 77N on page 3. Note.If the account is In more than one name,see the chart on page 4 for guidelines on whose Employer Identification number number to enter. - 8 6 - 0 8 5 3 1 9 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 exemptfrom 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 ho 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 ail 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 I - 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 Mere U.S.parson► Date► I IN General Instructions • withholding tax on foreign partners'share of effectively connected income.and Section references are to the Internal Raven Code mess otherwise noted. 4.Certify that FATCA codes)entered on this form(if any)Indicating that you are exempt from the FATCA reporting,Is correct. Future developments.The IRS has created a.-ge.n IRS.gov for Information Note.If you are a U.S.person and a requester gives you a form other than Form about Form W-9,at www./rs.govhv9.Informatio•a''ut any future developments W-9 to request your TIN,you must use the requester's form if it Is substantially effecting Form W-9(such as legislation enacted r we release It)will be posted similar to this Form W-9. on that page. Definition of a U.S.person.For federal tax purposes,you are considered a U.S. Purpose of Form person if you are: A person who Is required to file an Information return with the IRS must obtain your • Individual who is a U.S.citizen or U.S resident alien, correct taxpayer Identification number(TiN)to report,for example,income paid to •A partnership,corporation,company,or association created or organized In the you,payments made to you in settlement of payment card and third party network United States or under the laws of the United States. transactions,real estate transactions,mortgage interest you paid,acquisition or •An estate(other than a foreign estate),or abandonment of secured property,cancellation of debt,or contributions you made to an IRA •A domestic trust(as dented In Regulations section 301.7.101-7). Use Form W-9 only If you are a U.S.person(Including a resident alien),to Special rules for partnerships.Partnerships that conduct a trade or business in provide your correct TiN to the person requesting it(the requester)and,when the United States are generally required to pay a withholding tax under section applicable,to: 1446 on any foreign partners'sham of effectively connected taxable Income from such business.Further,In certain cases where a Form W-9 has not been received, 1.Certify that the T1N you are giving is correct(or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner Is a to be Issued), foreign person,and pay the section 1446 withholding tax.Therefore,if you are e 2.Certify that you are not subject to backup withholding,or U.S.person that Is a partner in a partnership conducting a trade or business In the 3.Claim exemption from backup withholding If you are a U.S..exempt payee.If United States,provide Form W-9 to the partnership to establish your U.S.status applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership Income. any partnership Income from a U.S.trade or business Is not subject to the Cat.No.10231 X Form W-9 9(Rev.8-2013)