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Agreement between CMB & Gannet Fleming INCDocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND GANNET FLEMING INC. FOR BEACH WALK BOLLARDS RESOLUTION NO. 2023-32562 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 TABLE OF CONTENTS DESCRIPTION: PAGE ARTICLE 1. DEFINITIONS............................................................................................................. 3 ARTICLE2. BASIC SERVICES..................................................................................................... 7 ARTICLE 3. THE CITY'S RESPONSIBILITIES........................................................................... 13 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST ................................................. 15 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.......................................................... 20 ARTICLE 10. TERMINATION OF AGREEMENT........................................................................ 21 ARTICLE 11. INSURANCE......................................................................................................... 22 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS ..................................................... 24 ARTICLE 13. ERRORS AND OMISSIONS................................................................................. 24 ARTICLE 14. LIMITATION OF LIABILITY.................................................................................. 24 ARTICLE 15, NOTICE................................................................................................................. 25 ARTICLE 16. FLORIDA PUBLIC RECORDS LAW.................................................................... 26 ARTICLE 17. INSPECTOR GENERAL RIGHTS.....................................................28 ARTICLE 18. MISCELLANEUS PROVISIONS.............................................................29 SCHEDULES: SCHEDULE A — SCOPE OF SERVICES SCHEDULE B — CONSULTANT SERVICE ORDER SCHEDULE B-1 — CONSULTANT COMPENSATION SCHEDULE C — HOURLY RATE SCHEDULE SCHEDULE D — APPROVED SUB -CONSULTANTS ATTACHED SEPARATELY: ATTACHMENT A: Resolution and Commission Award Memorandum ATTACHMENT B: Addenda and Request for Qualifications (RFQ) Solicitation ATTACHMENT C: Consultant Proposal Response to RFQ and Sunbiz 2 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GANNET FLEMMING INC. FOR BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES This Agreement made and entered into this 12/4/2023 1 1:11 PTEWective 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 GANNET FLEMING, INC., a Delaware corporation having an office at 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316 (hereinafter referred to as Consultant). WI TNESSETH: WHEREAS, the RFQ No. 2023-016 (the '`RFQ") was intended to seek a safety and security consultant to asses security needs relating to potential vehicle access, including recommendations on protective bollard designs which are easthetically pleasing: and WHEREAS, on April, 28 2023, the City Commission approved Resolution No. 2020- 31396, respectively, authorizing the City to enter into negotiations with Gannet Fleming, Inc., 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. 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 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 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 Scope of Services set forth in Schedule A hereto. 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 Schedule D. 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. 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 4 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 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 the Consultant to provide any architectural, design, engineering or similar professional services with respect to the 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 subconsultanttant has been engaged by Consultant to perform professional design services in connection with the Project. The following Subconsultants are hereby approved by the City Manager for the Project: Gannet Fleming does not anticipate including Subconsultant(s)/Subcontractor(s) for this project. CONSULTANT SERVICE ORDER: Consultant Service Order (CSO) shall mean any work order issued by the City to Contractor (in substantial form as in Schedule A-1 attached hereto), that specifically describes and delineates the particular Additional Services which may be required of Consultant 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 in accordance with Contract Approval Authority Procedure 03.02 or as amended. The City Manager reserves the right to seek and obtain the 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 Request For Qualifications (RFO), 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. CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding agreement between the City and Contractor for the 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, DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 corporation, joint venture, or other entity contracting with City for the 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. PROJECT: The "Project" shall mean that certain City capital project described in the Scope of Services set forth in Schedule A hereto. 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 Schedule A hereto. PROJECT ADMINISTRATOR: The "Project Administrator" shall mean the individual designated by the City Manager who shall be the City's authorized representative to issue directives and notices on behalf of the City with respect to all matters concerning the Services of this Agreement (exclusive of those authorizations reserved to the City Manager or City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project). PROPOSAL DOCUMENTS: 'Proposal Documents" shall mean the RFQ, together with all amendments or addenda thereto (if any), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. Consultant's proposal in response to the RFQ is included for reference purposes only and shall not be incorporated as 6 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 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 — Scope of Services Schedule B — Consultant Service Order (CSO) Schedule B-1 — Consultant Compensation Schedule C — Hourly Billing Rate Schedule 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 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, as more particularly described in Schedule "A" and in the Consultant Service Order (CSO). 2.2 The Services will be commenced by the Consultant upon receipt of a written notice to DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 proceed with any of the specific tasks identified in Schedule A ("Task") signed by the City Manager or the Project Administrator ("Notice to Proceed"). Consultant shall countersign the Notice to Proceed upon receipt and return the signed copy to the City. A separate Notice to Proceed issued by the Project Administrator shall be required prior to commencement of each task (as same are set forth in Schedule "A" hereto). Consultant shall have no entitlement to perform (or be compensated for) the Services corresponding with any task under this Agreement, unless such task is authorized by a Notice to Proceed. 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 while also utilizing the skill, knowledge, and judgment ordinarily possessed and used by proficient consultants with respect to the disciplines required for the performance of such Services in the State of Florida ("Standard of Care"). 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 under the Standard of Care. 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 Scope of Services; 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 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 ail damages to City caused by any failure of the Consultant or to comply with the terms and conditions of the Agreement or DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 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 until all Services are completed or all Services authorized under Notices to Proceed are completed and accepted, whichever is later. Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Scope of Services, including the time for completion of the work and/or services for the Project. 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 Scope of Services. The Consultant may submit requests for an adjustment to the completion time for the Scope of Services, if made necessary because of undue delays resulting from untimely review taken by the City (or authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Administrator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Administrator may require), the Project Administrator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Administrator's approval (if granted) shall be in writing. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Administrator, Contractor, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement in a timely manner and in accordance with the Standard of Care, and shall be responsible to the City for any failure to perform its duties in a timely manner and in accordance with the Standard of Care except to the extent such failure is caused directly , by the acts or omissions of the City. 2.10 The Consultant is responsible for the professional quality, technical accuracy, 9 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 completeness, performance and coordination of all Services required under the Agreement and under any Consultant Service Orders (including the services performed by Subconsuitants), within the specified time period and specified cost and in accordance with the Standard of Care. The Consultant is responsible for, and represents to City, that the Services conform to: (a) the City's requirements, (b) the Contract Documents (c) the Standard of Care and (d) all Applicable Laws. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's Services, failure to meet the Standard of Care, breaches of this Agreement, and/or negligent acts, errors and/or omissions in the performance of the Services, which damages, if caused by Consultant's error, omission, negligent act or breach of the Standard of Care, may include the costs incurred by the City with respect to replacement or repair of any defective or non- conforming construction Work until (i) twelve (12) months following final acceptance of the Work, or (1i) the applicable statute of limitations period, whichever is later. 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 non -conforming and/or insufficient services which result from the Consultant's failure to perform in accordance with the requirements of this Agreement. The Project Administrator shall notify the Consultant, in writing, of any non -conforming and./or insufficient services and shall approve the method and timing of the corrections. 2.10.1 The Consultant shall be responsible for non -conforming, insufficient, and/or defective services not performed in the accordance with the Standard of Care and for any construction work re -performed as a result thereof within twelve (12) months following final acceptance of the construction work and, to the extent applicable, shall be subject to further re -performance, repair and replacement for twelve (12) months from the date of initial re -performance, not to exceed twenty-four months (24) from final acceptance. 2.11 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked -up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project schedule. 2.11.1 The Consultant is advised that a performance evaluation of the Services rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.12 Consultant agrees that when any portion of the Services relates to a professional service DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 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 signed 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 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 any Consultant Service Orders, 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 Schedule A and any Consultant Service Orders issued to Consultant by the City. If, during the course of performing work, services and/or tasks, Consultant determines that work and/or services should be performed which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated, 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 Schedule A (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 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 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. 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 12 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 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 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 13 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 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 Contract Amendments shall be approved in accordance with Contract Approval Authority Procedure 03.02 or 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 Contract Amendments shall be approved in accordance with Contract Approval Authority Procedure 03.02 or as amended. 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. 14 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST The City has established a Construction Cost Budget for the Project, set forth in Schedule D. Subject to the Standard of Care, Consultant will design the Project within the Construction Cost Budget for the Project. 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 a 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 to the Consultant's estimated total costs in the Statement of Probable Construction Cost to within fifteen percent (15%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design Documents as part of the Basic Services and at no additional cost to the City. . 4.2.2. At the 30% and 60% completion of the Design Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus ten percent (+/-10%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform to 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 to 15 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 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 due to factors beyond the reasonable control and knowledge of the Consultant, including, but not limited to, unanticipated rises in the cost of labor, materials or equipment, changes in market or negotiating conditions, and supply chain forces, Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of Probable Cost by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant, and the Consultant shall re -design the Project within the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Statement of Probable Construction Cost, and Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents) within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the date Consultant is notified to re -design), and shall provide re- bidding services, as many times as may be reasonably requested by the City, as part of the Basic Services and at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within ten percent (10%) of the Consultant's final updated Statement of Probable Cost. 4.5. The Construction Cost Budget shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such Construction Cost Budget is exceeded, the City Commission may, at its sole and absolute discretion, terminate this Agreement (and the remaining Services) without any further liability to the City. 4.6. The City Commission may, at its sole and absolute discretion, and without relieving Consultant of its obligations under this Agreement to design the Project to the Construction Cost Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many deductive alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget. 16 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 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 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 execution of this Agreement (excluding conditions determined by all prior studies available to Consultant and excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.3. City -Requested Revisions to Construction Documents: Making revisions to Construction Documents resulting in or from City -requested changes in Scope of Work involving new program elements, when such revisions are inconsistent with written approvals or instructions previously given by City and/or are due to causes beyond the control of Consultant. 5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or subpoena to appear and give testimony, preparing to serve or serving as an expert witness in connection with any state or federal court action to which the Consultant is not a party in its own name, that is not instituted by the Consultant or in which the performance of the Consultant is not in issue. 5.2.5 Procurement: Assistance in connection with bid protests, re -bidding, or re- negotiating contracts (except for Contract Document revisions and re -bidding services required under Section 4.4 hereof, which shall be provided at no additional cost to City). 5.2.6. Models: Preparing professional perspectives, models or renderings in addition to those provided for in this Agreement except insofar as these are otherwise useful or necessary to the Consultant in the provision of Basic Services. 5.2.7. Threshold Inspection/Material Testing and Inspection: Providing threshold inspection services and material testing/special inspection services, provided that 17 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F86C63F07 contract no. 23-016-01 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. 5.3 Additional services may be requested by the City using a Consultant Service Order. For each proposed Consultant Service Order, Consultant shall provide the City with a cost proposal on a lump sum or not -to -exceed basis, based on the fee schedule set forth in Schedule C hereto. Pursuant to, City of Miami Beach Procurement Ordinance, and Citywide Procedure 03.02. 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, proof of payment by the Consultant, 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). Reimbursable Expenses and/or Contingency are allowance(s) set aside by the City and shall include actual expenditures (no markups allowed) made by the Consultant in the interest of the Project, provided such expenses are authorized in advance by the City. The Reimbursable Expenses and/or Contingency allowance(s), as specified herein, belongs to, and shall be controlled by the City (i.e. unused portions will be retained by the City and shall not be paid to Consultant). Notwithstanding the above, any Reimbursable Expenses must be authorized, in advance, in writing, by the City Manager or corresponding Department's Director. Invoices or vouchers for Reimbursable Expenses shall be submitted to the corresponding Department's Director (along with any supporting receipts and other back-up material required to support the amount invoiced, and as requested by the corresponding Department's Director). Consultant shall certify as to each 18 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." Only actual amounts incurred and paid (requiring proof of payment) by the Consultant shall be invoiced, without any markups and/or additions. 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 attached hereto as Schedule °B", 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 billing 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 in the applicable Consultant Service Order. 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 set forth in Schedule C shall remain constant for the Initial Term of the agreement. Ninety (90) days prior to expiration of the Initial Term, the City Manager may consider an adjustment to the preceding year's unit costs for the subsequent year. Any such adjustments, if any, shall be 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, provided, however, that in no event shall any annual increase exceed the Consumer Price Index for All Urban Consumers In the event that the City Manager 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 City 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 19 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 accompany the invoice. Invoices shall be submitted to the City at the following address: Accounts Payable: payables(a)miamibeachfl.gov 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ("Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its Subconsultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in its native electronic form, paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Administrator in their native electronic form 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. 20 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re -use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's 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 Consultants 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. 21 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 , onnract no. 23-016-01 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Administrator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Administrator). ARTICLE 11. INSURANCE 11.1 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A Workers' Compensation Insurance for all employees of the Cosultant as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Consultant be exempt from this Statute, the Consultant and each employee shall hold the City harmless from any injury incurred during performance of the Agreement. The exempt consultant shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000. Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the consultant including materials, parts, or equipment furnished in connection with such work or operations and 22 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 automobiles owned, leased, hired or borrowed in the form of an endorsement to the cosultant's insurance. Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A+ or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Conultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS. at: Certificates-miamibeach(o)riskworks.com Special Risks or Circumstances — The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 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 23 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-0 t 6-01 this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate 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 Contsultant, 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, omission, or negligent act 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 , omissions or negligent acts or any combination thereof. Damages shall include delay damages caused by the error, omission, or negligent act or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or negligent acts or any combination thereof, the Consultant may appeal this determination, in writing, to the Project Administrator. The Project Administrator's decision on all claims, questions and disputes shall be final, conclusive, and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Project Administrator, the Consultant shall present any such objections, in writing, to the City Manager. The Project Administrator and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the 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 the total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant 24 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 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 total amount of compensation/fees due to Consultant for all Services 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: Alina T. Hudak,City Manager Email: AlinaHudak(a)_miamibeachfl.gov With a copy to: Facilities Management Division Facilities & Fleet Management Department 1833 Bay Road Miami Beach, Florida 33139 Attn: Frank Garcia Email: FranciscoGarcia(r,)miamibeachfl.gov All written notices given to the Consultant from the City shall be addressed to: Gannet Fleming, Inc. 800 NW 62r1 Avenue, Suite 490 Miami, FL 33126 Attn: Scott Workman Email: rworkman@gfnet.com All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. ARTICLE 16. CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW 16.1 Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. 16.2 The term 'public records' shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. 25 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 16.3 Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of ''Consultant" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 16.4 REQUEST FOR RECORDS; NONCOMPLIANCE. 16.4.1 A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 16.4.2 Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. 16.4.3 A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119,10, 16.5 CIVIL ACTION. 16.5.1 If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys' fees, if: (a) The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and (b) At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. 16.5.2 A notice complies with subparagraph (16.5.1)(b) if it is sent to the City's custodian 26 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 16.5.3 A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 16.6 IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a-OMIAMIBEACHFL.GOV PHONE: 305-673-7411 ARTICLE 17 INSPECTOR GENERAL AUDIT RIGHTS 1. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 2. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3. Upon ten (10) days written notice to the Consultant, the Consultant shall make all 27 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F813C63F07 contract no. 23-016-01 requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: If this contract is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 6. The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this contract. 7. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. ARTICLE 18. MISCELLANEOUS PROVISIONS 18.1 VENUE AND WAIVER OF JURY TRIAL: 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 28 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 18.2 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. 18.3 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 Consultant, supplier, subconsultant, 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 18.4 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. 18.5 LAWS AND REGULATIONS: 18.5.1 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. 18.5.2 Project Documents. In accordance with Section 119.071 (3) (b)(2), Florida Statutes, entitled "General exemptions from inspecting or copying public records," 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 Consultant 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. 18.5.2.1 In addition to the requirements in this subsection 18.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, 29 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 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. 18.5.2.4 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. 18.5.3 E-Verifv 18.5.3.1 Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021. Consultant shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. 18.5.3.2 TERMINATION RIGHTS. 18.5.3.2.1 If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. 18.5.3.2.2 If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 18.5.3.1 but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. 18.5.3.2.3 A contract terminated under the foregoing Subsection 30 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 18.5.3.2.1 or 18.5.3.2.2 is not in breach of contract and may not be considered as such. 18.5.3.2.4 The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination underthe foregoing Subsection 18.5.3.2.1 or 18.5.3.2.2 no later than 20 calendar days after the date on which the contract was terminated. 18.5.3.2.5 If the City terminates the Agreement with Consultant under the foregoing Subsection 18.5.3.2.1 Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. 18.5.3.2.6 Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 18.5.3. 18.6 FORCE MAJEURE: 18.6.1 A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. 18.6.2 If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately upon learning of the occurrence of the event or of the commencement of any such delay, but in no case within fifteen (15) business days thereof, provide notice of (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. 18.6.3 No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue 31 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 contract no. 23-016-01 to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. 18.6.4 Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event causing the suspension of performance shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. 18.6.5 Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this Section, Consultant shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 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. 18.7 CORRECTIONS TO CONTRACT DOCUMENTS: If applicable to the performance of Consultant's Services, 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. 18.8 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. 18.9 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. 18.10 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance 32 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 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. 18.11 INTENT OF AGREEMENT: 18.11.1 The intent of the Agreement is for the Consultant to provide all necessary items for the proper completion of the Services. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 18,11.2 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. 18.11.3 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. 18.11.4 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. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 33 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 DocuSign Envelope ID: F57BFCF9-1708-4DF3-BDA3-423458483DC2 contract no. 23-016-01 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 DocuSiyned by: Haan aka _ RAFAEL E. GRAW571TY CLERK 12/4/2023 1 1:11 PM EST Date_ CONSULTTANT: GANNET FLEMMING, INC. ,ALL S nature/President William F. Foos Vice President Print Name 10/18/2023 Date. CITY OF MIAMI BEACH: Date. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION A City Attorney Date 34 T HUDAK, CITY MANAGER DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 SCHEDULE SCOPE OF SERVICES The City seeks a safety and security consultant to assess security needs relating to potential vehicle access, including recommendations on protective bollard designs which are aesthetically pleasing. By mutual agreement, the City may also require other services such as phasing plans and construction administration services. At a minimum, the consultant shall perform; site assessments, preliminary drawings, product selection, Construction Documents, project cost estimating, project scheduling, technical/performance specifications, and Construction Administration Services to support the City's procurement and construction of the Project, with implementation prioritizing the most exposed and vulnerable areas for a hostile vehicle attack. The work area is from Atlantic Way and the Miami Beach Boardwalk, continuously between South Pointe Park to the south and 87th Terrace to the north. The design criteria will be vulnerabilities, design basis threat, and barrier basis of design criteria. 35 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63FO7 contract no. 23 )16-01 SCHEUDLEB CONSULTANT SERVICE ORDER (CSO) CONSULTANT SERVICE ORDER Ai't Services Gty awarded continurg contract for NE sermoes'or, a prWat whose estimated cost of oenstruction does not exceed $4 rrvbw Gty awarded oonbnuwV contract for study ptaming activity or other servoces whose costs are estimated to rat exceed $500,0DO. City awarded propact specific contract not subject b CCNA irr"ons for conanuing contract of :rcepbry this CSO. b fret-. nonAttms sra rdL-, eataWsted in the 40xmqm&Pvxed attract bemem the Cdy And the casaaf. Cartafif fta auv bqm% *W W other te" and oordtrms slt� h b tFe xQk rc+plt6s al xhelMt sad ether firers argil cudljcm ee wdudal heFen or n ow aaacntme to fts CSO. !vry ekma1on barn fe smpe er worR peed to harm "I m7we a ctwww order ap piuma lrr lbe Cfr For City (Narne) Signature Date DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 contract no. 23-016-01 SCHEDULE B-2 CONSULTANT COMPENSATION FORM SAMPLE CONSULTANT COMPENSATION Schedule of Payments for Additional Services A. Tasks and deliverables as reflected on the Consultant Service Order (CSO): Task 1: Task 2: Task 3: S 5 B. Reimbursable Allowance (Not to Exceed): 3 37 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 SCHEUDLE C HOURLY RATES contract no. 23-016-01 CATEGORIES• Project Principal RATES $275.00 Senior Project Manager $260.00 Project Manager $200.00 Chief Engineer $237.00 Chief Designer $207.00 Chief Planner $207.00 Senior Engineer $185.00 Senior Landscape Architect $170.00 Senior Traffic Engineer $170.00 Senior Planner $170-00 Traffic/Project Engineer $105.00 Engineer $105.00 Landscape Architect $105.00 Planner $105.00 Graphic Designer $110.00 Senior CAD Technician $90.00 Landscape Architect - Associate $90.00 Engineering Intern $90.00 CAD Technician $75.00 Clerical $75.00 Administrative Assistant $75.00 38 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 RESOLUTION NO.; 2023-32562 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH GANNETT FLEMING, INC., AS THE SOLE PROPOSER; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on December 14, 2022, the Mayor and City Commission approved the issuance of the Request for Qualifications (RFQ) No. 2023-016-WG for Beach Walk Protective Bollards Consulting Services and WHEREAS, Request for Qualifications No. 2023-016-WG (the "RFQ") was released on December 15, 2022; and WHEREAS, a voluntary pre -proposal meeting was held on January 10, 2023; and WHEREAS, on February 21, 2023, the City received a sole proposal from Gannett Fleming Inc.; and WHEREAS, on March 28, 2023, the Evaluation Committee appointed by the City Manager convened to consider the proposal received. The Committee was comprised of Francisco Garcia, Division Director, Facilities and Fleet Management; Ariel Guitian, Sr. Capital Projects Coordinator, Capital Improvement Projects; Giancarlo Pena, Assistant City Engineer, Public Works Department; Kevin Pulido, Neighborhood Affairs Division Director, Communications Department; Francys Vallecillo, Assistant Director, Tourism & Culture Department; and WHEREAS, the evaluation committee convened on March 28, 2023, to review and score the proposal; and WHEREAS, the Evaluation Committee received 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, and a copy of the proposal; and WHEREAS, the Evaluation Committee was instructed to score and rank the sole proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, after reviewing the submission, the City Manager concurs with the evaluation committee and recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Gannett Fleming, Inc.; and further authorize the City Manager and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 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, pursuant to Request for Qualifications (RFQ) No. 2023-016-WG Beach Walk Protective Bollards Consulting Services; authorize the Administration to enter into negotiations with Gannett Fleming, Inc., as the top - ranked proposer; and further authorize the City Manager and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this 0?8 ATTEST: MAY 0 2 2023 RAFAEL E. GRANADO, CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION c, City Attorney Date day of April 2023. DAN GELBER, MAYOR �INLORP� DocuSign Envelope ID 24C42855-9598-4E5F-878D-A31 F8BC63F07 Competitive Bid Reports - C2 D /01AAA1 BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: April 28, 2023 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH GANNETT FLEMING, INC., AS THE SOLE PROPOSER; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BYTHE ADMINISTRATION. It is recommended that the Mayor and City Commission approve the Resolution authorizing the Administration to negotiate with Gannett Fleming, Inc., the sole proposer for Request for Proposals (RFQ) 2023-016-WG. The Resolution also authorizes the City Manager and City Clerk to execute an Agreement upon successful negotiations by the Administration. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY . The Miami Beach Recreational Corridor, commonly referred to as the Beach Walk, runs parallel to the oceanfront from South Pointe Park to north 87th Terrace. Currently, Section 70-67 of the City Code prohibits the use of any motorized means of transportation along the length of the Beach Walk. Over the years, there have been several discussions about the safety of pedestrians and cyclists along the Beach Walk. Different user groups, including the Mid -Beach Neighborhood Association (MBNA), have voiced concerns about the potential of vehicles to access the Beach Walk and cause harm to pedestrians or cyclists. In October 2020, the Facilities and Fleet Management Department was charged with developing a project to design and deploy protective bollards at vulnerable areas along the entire length of the Beach Walk. The Department engaged a safety and security consultant to complete a study that included preliminary assessments, potential options for vehicle barriers and alternate mitigation measures. The study was necessary,to assess options and establish Page 76 of 991 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 funding. Through the RFQ, the Facilities and Fleet Management Department seeks a consultant to create the necessary plans and specifications to install barriers to vehicle access along the Beach Walk. The most likely barrier is a bollard system that maximizes security and design. The required scope of work pursuant to the RFQ may include but not be limited to bollard design, construction documents, specifications, cost estimating and scheduling, project schedule estimating, and construction administration. ANALYSIS On December 14, 2022, the Mayor and City Commission approved the issuance of the Request for Qualifications (RFQ) No. 2023-016-WG for Beach Walk Protective Bollards Consulting Services. The Procurement Department issued bid notices to 27,893 companies utilizing the City's e-procurement system, with 59 prospective bidders accessing the solicitation. RFQ responses were due and received on February 21, 2023. The City received a sole proposal from Gannett Fleming, Inc. Staff believes that the limited response is attributed to the services being a niche sector that requires very specific experience relating to vehicle barriers in public places. On March 28, 2023, the evaluation committee appointed by the City Manager convened to consider the proposal received. The committee was comprised of Francisco Garcia, Division Director, Facilities and Fleet Management; Adel Guitian, Sr. Capital Projects Coordinator, Capital Improvement Projects; Giancarlo Pena, Assistant City Engineer, Public Works Department; Kevin Pulido, Neighborhood Affairs Division Director, Communications Department; and Francys Vallecillo, Assistant Director, Tourism & Culture Department. The committee was provided an overview of the project and information relative to the Cone of Silence Ordinance and the Government Sunshine Law. The committee was also provided with general information on the scope of services and a copy of the proposal. The evaluation committee determined that Gannet Fleming Inc. was well qualified and should be considered for negotiations (see Attachment A). Below is a short bio of the firm based on information in its proposal. Gannett Fleming, Inc. has provided architectural, engineering, and construction services since 1915. The firm has a team of professionals that specialize in security and public safety experts provide risk management and technical and executive leadership to help agencies develop the security and safety programs needed. The firm is experiences in addressing disaster risks to vital assets, systems, and networks imperative to the health and safety of constituents. The firm partners with businesses, communities, and governmental agencies at every level to address threats. Additionally, the firm includes LEED-certified professionals on projects that are dedicated to using sustainable practices and has been named one of the top 100 green building design firms in the U.S. Gannett Fleming, Inc boasts client satisfaction rankings of over 90%. The firm has worked with the City of Miami Beach since 2012 on several traffic and safety projects. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION Page 77 of 991 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 The design services for this project will be completed in phases. The Facilities and Fleet Management Department estimates $139,000 for the initial project phase; however, funding for subsequent phases must be requested through the capital budget process. It is estimated that construction resulting from these design services would cost approximately $5,000,000. This amount includes factors for construction cost escalation and additional contingencies. Design fees will be established through the negotiation process. Services pursuant to the award of this RFQ shall be subject to funding availability which is contingent on approval through the Citys capital budget process. Grant funds are not anticipated to be utilized for these services. Amount(s)/Acount(s): Design: Funding available in the amount of $139,000 is available in 520-1720-000674-29-422-000- 00-00-00- Construction: Funding, in the amount of $5,000,000, subject to approval through the capital budget process for project 62523 After reviewing the submission and staff's comments, it is evident that Gannett Fleming, Inc. has the experience necessary to provide the City with bollard consulting services that will result in enhanced protections with an aesthetically pleasing design for the Beach Walk. Gannett Fleming, Inc. has worked with several large public and private sector organizations across the U.S. and provides design, architectural, and construction administration services that will allow the city to install protective bollards on the Beach Walk in line with the city's aesthetic and safety needs. In 2021, Gannet Fleming, Inc. provided services to the City for preliminary work regarding the installation of vehicle barriers to promote a safe environment for Miami Beach patrons on the Beach Walk. Other City of Miami Beach projects facilitated by Gannet Fleming, Inc. include the Transportation Master Plan, West Avenue Bridge Traffic and Safety, and the Design Variation Memorandum Report following FDOT guidelines for installing Bike Lanes across the intersections of 72 St. and 73 St. and S R A 1 A. Therefore, the Administration recommends that the Mayor and City Commission approve the Resolution authorizing the Administration to negotiate with Gannett Fleming, Inc., the sole proposer for Request for Proposals (RFQ) 2023-016-WG, and, further, authorizing the City Manager and City Clerk to execute an Agreement upon successful negotiations by the Administration. Applicable Area South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-147 No Strategic Connection Non -Applicable Legislative Tracking Does this item utilize G.O. Bond Funds? No Page 78 of 991 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 Facilities and Fleet Management/Procurement ATTACHMENTS: Description ❑ Attachment A ❑ Resolution Page 79 of 991 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 Page 80 of 991 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 ATTACHMENT B ADDENDUM AND RFQ SOLICITATION DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 3 REQUEST FOR QUALIFICATIONS 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES February 13, 2023 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 (deletions are shown by strikethrough and additions are underlined). REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 pm, on Tuesday, February 21, 2023. All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. RESPONSES TO QUESTIONS RECEIVED: Q1 I assume that the "viewing" of the addendums within the Periscope/B id Sync system and acknowledging receipt of the addendums within our Tab 1/Cover letter will suffice as confirming receipt? Al: The electronic Bid Submittal Questionnaire was inadvertently omitted. It has been added as a document attachment in Periscope through this addendum. Please confirm receipt of addendums in Section 2 of the Bid Submittal Questionnaire. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: William Garviso 305-673-7000 ext. 7490 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reasons) for not submitting a proposal. Sincerely, w,LLi/2VA c,arv�so William Garviso Procurement Contracting Officer III Procurement Department ADDENDUM NO. 3 Request for Qualifications 2023-016-WG Beach Walk Protective Bollards Consulting Services DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3,d Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO.2 REQUEST FOR QUALIFICATIONS 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES February 8, 2023 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 (deletions are shown by strikethrough and additions are underlined). REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 pm, on Tuesday, February 14, 2023. All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. II. RESPONSES TO QUESTIONS RECEIVED: Q1: Has the City conducted any background studies that can be shared? Please provide a copy. Al: The purpose of the RFQ is to select the best qualified (as determined by the City) consultant for the project. Scope matters are not to be addressed at this time. Rather, as required per the RFQ, proposers are to submit their qualifications as indicated in Section 0300. After selection the City and the selected consultant will negotiate scope, terms, and cost. Q2: Have any hotspots or specific areas of concern been established that can be shared? We would like to address how we have addressed such areas of concern in the past under our response for Approach and Methodology. A2: See response to Q1. 03. Please confirm the anticipated period of performance for this scope of work based on the City's schedule. A3: See response to Q1. Q4: Please confirm the criteria to qualify for the veteran's preference points? A4: The qualification for Veteran's Preference is based on criteria outlined in Section 0400 of this RFQ and City of Miami Beach Ordinance No. 2011-3748, ARTICLE VI. - PROCUREMENT I Code of Ordinances I Miami Beach, FL I Municode Library. The City shall give a preference to a responsive and responsible prime bidder which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, as certified by either the State of Florida or the United States Federal Government. Veteran's preference points are not applicable to prime bidder's team members. 1 1 ADDENDUM NO. 2 Request for Qualifications 2023-016-WG Beach Walk Protective Bollards Consulting Services DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 www.miamibeachfl.gov Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: William Garviso 305-673-7000 ext. 7490 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. inc r ly, Kr sty B a P ocurement Contracting Manager ADDENDUM NO.2 Request for Qualifications 2023-016-WG Beach Walk Protective Bollards consulting Services DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 MIAMIBEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3ro Floor Miami Beach, Florida 33139 www.miamibeachfi.gov ADDENDUM NO.1 REQUEST FOR QUALIFICATIONS 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES January 27, 2023 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 (deletions are shown by strikethrough and additions are underlined). RESPONSES TO QUESTIONS RECEIVED WILL BE ADDRESSED IN A SUBSEQUENT ADDENDUM. REVISION: RFQ DUE DATE AND TIME. The deadline for the electronic receipt of bids is extended until 3:00 p.m., on Friday, February 10, 2023. All bids received and time -stamped through Periscope S2G, prior to the bid submittal deadline shall be accepted as timely submitted. Bids will be opened promptly at the time and date specified. Hard copy bids or bids received electronically, either through email or facsimile, submitted prior to or after the deadline for receipt of bids are not acceptable and will be rejected. Late bids cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfi.gov Contact: Telephone: Email: William Garviso 1 305-673-7000 ext. 7490 WilliamGarviso@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders" DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 -,of Miami Beach Bid 2023-016-WG Solicitation 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES Bid Designation: Public iv11AMIBEACH City of Miami Beach 12/19/2022 1:50 PM P. 1 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _, of Miami Beach Bid 2023-016-WG Bid 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES Bid Number 2023-016-WG Bid Title BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES Bid Start Date Dec 15, 2022 8:01:43 AM EST Bid End Date Jan 27, 2023 3:00:00 PM EST Question & Answer Jan 18, 2023 5:00:00 PM EST End Date Bid Contact WILLIAM GARVISO 305-673-7490 WILLIAMGARVISO@MIAMIBEACHFL.GOV Contract Duration One Time Purchase Contract Renewal Not Applicable Prices Good for Not Applicable Pre -Bid Conference Jan 10, 2023 11:00:00 AM EST Attendance is optional Location: A pre -proposal meeting is scheduled. Attendance for the pre -proposal meeting shall be via telephone and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre-Proposa Meeting must follow these steps: (1) Dial the TELEPHONE NUMBER: +1 786-636-1480 (Toll -free North America) (2) Enter the MEETING NUMBER 101 023 051# Proposers who are participating via telephone should send an email to the contact person listed in this RFQ expressing their intent to participate via telephone. Bid Comments At a minimum, the consultant shall perform; site assessments, preliminary drawings, product selection, Construction Documents, project cost estimating, project schedule estimating, technical/performance specifications, and Construction Administration Services to support the City's procurement and construction of the Project, with implementation prioritizing the most exposed and vulnerable areas for a hostile vehicle attack. The work area is from Atlantic Way and the Miami Beach Boardwalk, continuously between South Pointe Park to the south and 87th Terrace to the north. The design criteria will be vulnerabilities, design basis threat, and barrier basis of design criteria. Item Response Form Item 2023-016-WG--01-01 -Tab 1-Cover Letter, Table of Contents, and Minimum Qualification Requirement. Quantity 1 each Prices are not requested for this item. Delivery Location 12/19/2022 1:50 PM p. 2 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 r of Miami Beach Bid 2023-016-WG City of Miami Beach 1. PROCUREMENT 17SS MERIDIAN AVENUE 3rd FLOOR MIAMI BEACH FL 33139 Qty 1 Description 1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm. 1.2 Minimum Qualification Requirement. Provide verifiable information that meets or exceeds the Minimum Eligibility Requirements established below. Proposer shall submit, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non -responsive and shall not have its proposal considered. 1. Proposer (defined as the Firm) shall hold an "Architect Business" certification, or be registered with the State of Florida Department of Business and Professional Regulation with a Professional Engineer Rank related license Item 2023-016-WG-01-02 - Tab 2-Experience & Qualifications Quantity 1 each Prices are not requested for this item. Delivery Location City of Miami Beach 1. PROCUREMENT 1755 MERIDIAN AVENUE 3rd FLOOR MIAMI BEACH FL 33139 Qty 1 Description 2.1 Organizational Chart: An organizational chart depicting the structure and lines of authority and communication for all firms, principals and personnel involved in the project. Include information that describes the intended structure regarding project management, accountability and compliance with the terms of the RFO. 2.2 Relevant Experience of Prime Proposer: Summarize at least three (3) projects where the Proposer and/or its principals have provided services similar to those described herein. For each project provide the following: a) project name and scope of services provided, b) name of individuals that worked on the referenced project that have been included in Section 2.1 above. c) client, d) client project manager and contact information; e) costs of the services provided, and f) term of the engagement. 2.3 Relevant Experience of subconsultant(s)/Sub-contractor(s): Summarize at least three (3) projects where the subconsultant(s)/Sub- contractor(s) and/or its principals have provided services similar to those described herein. For each project provide the following: a) project name and scope of services provided,. b) name of individuals that worked on the referenced project that have been included in Section 2.1 above. c) client, d) client project manager and contact information. e) costs of the services provided, and f) term of the engagement. Item 2023-016-WG--01-03 - Tab 3-Approach and Methodology Quantity 1 each Prices are not requested for this item. Delivery Location City of Miami Beach 1.PRO00REMENT 1755 MERIDIAN AVENUE 3rd FLOOR 12/19/2022 1 50 PM p. 3 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 r of Miami Beach Bid 2023-016-WG MIAMI BEACH FL 33139 Qty 1 Descdption Submit detailed information on the approach and methodology that the Proposer and its team has utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which addresses, but need not be limited to -site vulnerability assessments -systematic identification of possible adversary paths -developing strategic security solutions -development of Design Basis Threats -establishing security criteria -creating technical/performance specifications of hostile mitigation barriers -product selection -project cost and schedule estimating -construction administration services 12/19/2022 1 50 PM p. 4 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _ "r of Miami Beach Bid 2023-016-WG MIAMI BEACH Request for Qualifications (RFQ) 2023-016-W G BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO RESPONDENTS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A SPECIAL CONDITIONS APPENDIX B SAMPLE CONTRACT APPENDIX C INSURANCE REQUIREMENTS 12/19/2022 1:50 PM p. 5 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 � �r of Miami Beach MIAMI BEACH SECTION 0100 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS Bid 2023-016-WG 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein. The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdin sq com or www.bidsync.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 Periscope S2G must register immediately with Periscope S2G 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, Facilities Management Department, is tasked with the installation of protective bollards in an effort to provide pedestrians with a safe environment along the Beachwalk. As a result, the City seeks a safety and security consultant to assess security needs relating to potential vehicle access, including recommendations on protective bollard designs which are aesthetically pleasing. By mutual agreement, the City may also require other services such as phasing plans and construction administration services. 3. STATEMENT OF WORK REQUIRED. At a minimum, the consultant shall perform; site assessments, preliminary drawings, product selection, Construction Documents, project cost estimating, project schedule estimating, technical/performance specifications, and Construction Administration Services to support the City's procurement and construction of the Project, with implementation prioritizing the most exposed and vulnerable areas for a hostile vehicle attack. The work area is from Atlantic Way and the Miami Beach Boardwalk, continuously between South Pointe Park to the south and 87th Terrace to the north. The design criteria will be vulnerabilities, design basis threat, and barrier basis of design criteria. 4. ANTICIPATED RFQ TIMETABLE. The tentative schedule for this solicitation is as follows: RFQ Issued December 15, 2022 Pre -Proposal Meeting January 10, 2023 at 11:00 am ET Join on your computer or mobile app Click hereto join themeeting Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID. 101 023 051# Deadline for Receipt of Questions January 18, 2023 at 5:00 pm ET Responses Due January 27, 2023 at 3:00 pm ET Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 484 284 344# Evaluation Committee Review TBD Tentative Commission Approval TBD Contract Negotiations Following Commission Approval 5. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: 12/19/2022 1 50 PM p. 6 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _ y of Miami Beach MIAMI BEACH Procurement Contact: Telephone Email: Bid 2023-016-WG The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0100-5. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 6. PRE -PROPOSAL MEETING OR SITE VISIT(S). A pre -proposal meeting or site visit(s) may be scheduled. Attendance for the pre -proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre -Proposal Meeting must follow these steps: Join on your computer or mobile app Click hereto join the meeting Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 101 023 051# Proposers who are participating should send an e-mail to the contact person listed in this RFQ expressing their intent to participate. 7. PRE -PROPOSAL 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). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through Periscope S2G. Any prospective proposer who has received this RFQ by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in the disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 8. CONE OF SILENCE, This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. 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(a)miamibeachfl.gov 9. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (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). 10. PROPOSER'S RESPONSIBILITY. Before submitting a response, 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 12/19/2022 1 50 PM p. 7 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 -,of Miami Beach MIAMIBEACH Bid 2023-016-WG 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. 11. DETERMINATION OF AWARD. The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation committee process 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 Manager 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 proposals. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 12. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 13. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448,095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 14. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier -to - Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier -to - Government www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications and submit electronic bids visit https://www. miami beachfl.gov/city-hal I/procu remenUfor-approval-how-to-become-a-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Periscope S2G, Supplier -to -Government at support(a�bidsync.com or 800,990.9339, option 1, option 1. 15. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self -Service (VSS) webpage (https://selfservice.miamibeachfl.qov/vss/Vendors/default.aspx) will also provide you with purchase orders and payment information. 12/19/2022 1:50 PM P. 8 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 .. Y of Miami Beach MIAMI BEACH Bid 2023-016-WG Should you have any questions and/or comments, do not hesitate to submit them to vendorsupport cDmiamibeachfl.gov 16. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC) and small and disadvantaged businesses, as certified by Miami -Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami -Dade County, click on the link below to be added to the City's supplier registry (Vendor Self -Service) and bid system (Periscope S2G, Supplier -to -Government). These are two different systems and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procuremenYhow-to- become-a-vendor/. Balance of Page Intentionally Left Blank 12/19/2022 1:50 PM P. 9 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 , of Miami Beach MIAMI BEACH SECTION 0200 GENERAL CONDITIONS Bid 2023-016-WG FORMAL SOLICITATIONS TERMS & CONDITIONS - GOODS AND SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Services (version dated 10.27.2022), incorporated herein, which may be found at the following link: https://www.miamibeachfl. o� v/city-hal-Rrocurement/standard-terms-and-conditions/ Balance of Page Intentionally Left Blank 12/19/2022 1:50 PM p. 10 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 v y of Miami Beach Bid 2023-016-WG MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Periscope S2G (formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the bid. Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments, is uploaded successfully. Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2G(a�periscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issues. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for proposal submittals. 2. NON -RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non - responsiveness. Non -responsive proposals will not be considered. 1. Bid Submittal Questionnaire (submitted electronically). 2. Failure to comply with the Minimum Eligibility Requirements (if applicable). 3.OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire (submitted electronically) with the bid and by the deadline for submittals shall render a proposal non- responsive. With the exception of the Bid Submittal Questionnaire (completed and submitted electronically), the City reserves the right to seek any omitted information/documentation or any 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. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non -responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items" attachment tab in Periscope S2G. Cover Letter, Table of Contents, and Minimum Qualification Requirement 1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm. 12/19/2022 1:50 PM P. 11 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 ., y of Miami Beach Bid 2023-016-WG MIAMI BEACH 1.2 Minimum Qualification Requirement. Provide verifiable information that meets or exceeds the Minimum Eligibility Requirements established below. Proposer shall submit, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements shall be deemed non -responsive and shall not have its proposal considered. 1. Proposer (defined as the Firm) shall hold an "Architect Business" certification, or be registered with the State of Florida Department of Business and Professional Regulation with a Professional Engineer Rank related license. Experience and Qualifications 2.1 Organizational Chart: An organizational chart depicting the structure and lines of authority and communication for all firms, principals and personnel involved in the project. Include information that describes the intended structure regarding project management, accountability and compliance with the terms of the RFQ. 2.2 Relevant Experience of Prime Proposer: Summarize at least three (3) projects where the Proposer and/or its principals have provided services similar to those described herein. For each project provide the following: a. project name and scope of services provided; b. name of individuals that worked on the referenced project that have been included in Section 2.1 above. c. client; d. client project manager and contact information; e. costs of the services provided; and f. term of the engagement. 2.3 Relevant Experience of subconsultant(s)/Sub-contractor(s): Summarize at least three (3) projects where the subconsultant(s)/Sub-contractor(s) and/or its principals have provided services similar to those described herein. For each project provide the following: g. project name and scope of services provided; h. name of individuals that worked on the referenced project that have been included in Section 2.1 above. i. client; j. client project manager and contact information; k. costs of the services provided; and term of the engagement. Approach and Methodology Submit detailed information on the approach and methodology that the Proposer and its team has utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which addresses, but need not be limited to: • site vulnerability assessments • systematic identification of possible adversary paths • developing strategic security solutions • development of Design Basis Threats • establishing security criteria • creating technical/performance specifications of hostile mitigation barriers • product selection • project cost and schedule estimating • construction administration services 12/19/2022 1:50 PM p 12 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 -,of Miami Beach Bid 2023-016-WG SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. City staff will assign points for the quantitative criteria. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. 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. a. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. b. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Qualitative Criteria. Responsive proposals shall be evaluated by the Evaluation Committee in accordance with the following criteria. Experience and Qualifications Approach and Methodology 60 40 3. Quantitative Criteria. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Proposers may receive additional points, to be added by City staff, as follows. Veterans Preference Prime Proposer Volume of Work (0-5 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 12/19/2022 1.50 PM p 13 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 y of Miami Beach Bid 2023-016-WG 4. Determination of Final Ranking. The sum of qualitative and quantitative scores will be converted to rankings in accordance with the example below: Qualitative Points 82 74 80 Committee Quantitative Points 10 5 0 Member 1 Total 92 79 80 Rank 1 3 2 Qualitative Points 82 85 72 Committee Quantitative Points 10 5 0 Member 2 Total 92 90 72 Rank 1 2 3 Qualitative Points 90 74 66 Committee Quantitative Points 10 5 0 Member 2 Total 100 79 66 Rank It is imoortant to note that the results of the 1 Evaluation Committee 2 process do not 3 reoresent an award recommendation. The City Manager will utilize the results of the committee process, as well as any other information he deems appropriate to develop his award recommendation to the City Commission, which may differ from the Evaluation Committee process ranking. Balance of Page Intentionally Left Blank 12/19/2022 1:50 PM p 14 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 . , " of Miami Beach Bid 2023-016-WG APPENDIX A MIAMIBEACH Special Conditions 2023-016-W G BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 12/19/2022 1:50 PM p. 15 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _ y of Miami Beach Bid 2023-016-WG Negotiations. Upon approval of selection by the City Commission, negotiations between the City and the selected Consultant will take place to arrive at a mutually acceptable Agreement, including final scope of services, deliverables and cost of services. 2. 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. Change of Project Manager. A change in the 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 an Assistant City Manager). Replacement (including reassignment) of an approved project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee (i.e. the City project manager). 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. 12/19/2022 1:50 PM p. 16 Docu Sign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 -,of Miami Beach Bid 2023-016-WG APPENDIX B MIAMI BEACH Sample Contract 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 12/19/2022 1:50 PM p. 17 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 _, y of Miami Beach Bid 2023-016-WG AGREEMENT BETWEEN CITY OF MIAMI BEACH AND FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR XXXXXX No. RFQ-2023-016-WG RESOLUTION NO. 2023-XXXXX 12/19/2022 1 50 PM p. 18 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 ­ , of Miami Beach Bid 2023-016-WG TABLE OF CONTENTS DESCRIPTION: PAGE ARTICLE 1. DEFINITIONS............................................................................................16 ARTICLE 2. BASIC SERVICES....................................................................................21 ARTICLE 3. THE CITY'S RESPONSIBILITIES.............................................................26 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST....................................28 ARTICLE 5. ADDITIONAL SERVICES..........................................................................30 ARTICLE 6. REIMBURSABLE EXPENSES..................................................................32 ARTICLE 7. COMPENSATION FOR SERVICES..........................................................32 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS......................34 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS.............................................34 ARTICLE 10. TERMINATION OF AGREEMENT..........................................................35 ARTICLE 11. INSURANCE..........................................................................................36 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS......................................384 ARTICLE 13. ERRORS AND OMISSIONS................................................................384 ARTICLE 14. LIMITATION OF LIABILITY.................................................................. 395 ARTICLE 15. NOTICE................................................................................................395 ARTICLE 16. FLORIDA PUBLIC RECORDS LAW........ Error! Bookmark not defined.6 ARTICLE 17. INSPECTOR GENERAL RIGHTS ...........................................................28 ARTICLE 18. MISCELLANEUS PROVISIONS .............................................................29 SCHEDULES: SCHEDULE , COPE OF SERVICES ....................... Error! Bookmark not defined.4 SCHEDULEAAT.................................................................................................. ..........64 SCHEDULEB............................................................................................................... 66 SCHEDULEC...............................................................................................................72 SCHEDULE D I...................................................................................................... 73 SCHEDULE E ...................................................................................... .... ... 74 ATTACHED SEPARATELY: ATTACHMENT A: Resolution and Commission Award Memorandum ATTACHMENT B: Addenda and Request for Qualifications (RFQ) Solicitation ATTACHMENT C: Consultant Proposal Response to RFQ and Sunbiz 12/19/2022 1:50 PM P. 19 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 r of Miami Beach Bid 2023-016-WG AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND [xxxxxxxxxxxxxxxxxxxxxxxxxx] FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR This Agreement made and entered into this day of , 20_ (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and XXXXXXXXXXXXXXX., a Florida profit corporation having its local office at XXXX (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the RFQ No. -ND (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 XXXXXXXXX, the City Commission approved Resolution No. XXXXXXXXX, respectively, authorizing the City to enter into negotiations with XXXXXXXXX., 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 12/19/2022 1:50 PM p. 20 Docu Sign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 -,of Miami Beach Bid 2023-016-WG commencement of same. APPLICABLE LAWS: "Applicable Laws" means all laws, statutes, codes (including, but not limited to, building codes), ordinances, rules, regulations, lawful orders and decrees of governmental authorities having jurisdiction over the Project, the Project Site or the Parties. BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant (and approved by the City) as being within the Construction Cost Budget. "Base Bid" shall not include additive alternates or deductive alternates. BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement, as described in Article 2 and the Scope of Services set forth in Schedule A hereto. 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 Parry 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 Schedule D. 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 12/19/2022 1:50 PM p. 21 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _ y of Miami Beach Bid 2023-016-WG 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. 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 the 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 following Subconsultants are hereby approved by the City Manager for the Project: [INSERT SUBCONSULTANTS HERE] CONSULTANT SERVICE ORDER: Consultant Service Order (CSO) shall mean any work order issued by the City to Contractor (in substantial form as in Schedule A-1 attached hereto), that specifically describes and delineates the particular Additional Services which may be required of Consultant 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 in accordance with Contract Approval Authority Procedure 03.02 or as amended. 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 12/19/2022 1:50 PM p. 22 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _ y of Miami Beach Bid 2023-016-WG Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Request For Qualifications (RFQ)), 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. 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. PROJECT: The "Project" shall mean that certain City capital project described in the Scope of Services set forth in Schedule A hereto. 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. 12/19/2022 1:50 PM p. 23 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 y of Miami Beach Bid 2023-016-WG Project Scope: The "Project Scope" shall mean the description of the Project, as described in Schedule A hereto. PROJECT ADMINISTRATOR: The "Project Administrator" shall mean the individual designated by the City Manager who shall be the City's authorized representative to issue directives and notices on behalf of the City with respect to all matters concerning the Services of this Agreement (exclusive of those authorizations reserved to the City Manager or City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project). PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the RFQ, together with all amendments or addenda thereto (if any), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. Consultant's proposal in response to the RFQ is included for reference purposes only and shall not be incorporated as part of this Agreement, except with respect to Consultant's representations regarding the qualifications and experience of Consultant and its key personnel, its commitment to provide the key personnel listed therein, and its capability to perform and deliver the Services in accordance with this Agreement and consistent with the all representations made therein. SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A — Scope of Services Schedule A-1 — Consultant Service Order & Compensation Schedule Schedule B — Consultant Compensation Schedule C — Hourly Billing Rate Schedule Schedule D — Construction Cost Budget Schedule E — Project Schedule 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 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 12/19/2022 1:50 PM p 24 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 -,of Miami Beach Bid 2023-016-WG 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, as more particularly described in ,r. 2.2 The Services will be commenced by the Consultant upon receipt of a written notice to proceed with any of the specific tasks identified in Schedule A ("Task") signed by the City Manager or the Project Administrator ("Notice to Proceed"). Consultant shall countersign the Notice to Proceed upon receipt and return the signed copy to the City. A separate Notice to Proceed issued by the Project Administrator shall be required prior to commencement of each task (as same are set forth in Schedule "A" hereto). Consultant shall have no entitlement to perform (or be compensated for) the Services corresponding with any task under this Agreement, unless such task is authorized by a Notice to Proceed. 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 Scope of 12/19/2022 1 50 PM p. 25 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 v y of Miami Beach Bid 2023-016-WG Services; 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 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 until all Services are completed or all Services authorized under Notices to Proceed are completed and accepted, whichever is later. Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Scope of Services, including the time for completion of the work and/or services for the Project. 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 orderto 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 Scope of Services. The Consultant may submit requests for an adjustment to the completion time for the Scope of Services, if made necessary because of undue delays resulting from untimely review taken by the City (or authorities having 12/19/2022 1:50 PM p. 26 Docu Sign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 y of Miami Beach Bid 2023-016-WG jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Administrator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Administrator may require), the Project Administrator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Administrator's approval (if granted) shall be in writing. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Administrator, Contractor, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement 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 any Consultant Service Orders (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 consultant 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 Services, breaches of this Agreement, and/or negligent acts, errors and/or omissions in the performance of the Services, which damages may include the costs incurred by the City with respect to replacement or repair of any defective or non -conforming construction Work until (i) twelve (12) months following final acceptance of the Work, or (ii) the applicable statute of limitations period, whichever is later. 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 non -conforming and/or insufficient services which result from the Consultant's failure to perform in accordance with the above standards. The Project Administrator shall notify the Consultant, in writing, of any non -conforming and/or insufficient services and shall approve the method and timing of the corrections. 2.10.1 The Consultant shall be responsible for non -conforming and/or insufficient, defective services and any resulting non -conforming, insufficient, and/or 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 12/19/2022 1:50 PM p. 27 Docu Sign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 ., , of Miami Beach Bid 2023-016-WG submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked -up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project schedule. 2.11.1 The Consultant is advised that a performance evaluation of the Services rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a signed 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 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 12/19/2022 1:50 PM p. 28 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 v r of Miami Beach Bid 2023-016-WG Agreement and any Consultant Service Orders, 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 Schedule A and any Consultant Service Orders issued to Consultant by the City. If, during the course of performing work, services and/or tasks, Consultant determines that work and/or services should be performed which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated, 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 Schedule A (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. 12/19/2022 1 50 PM p. 29 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _ y of Miami Beach Bid 2023-016-WG 2.19 SUBCONSULTANTS: All services provided by Subconsultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the Subconsultants. The Consultant shall not retain, add, or replace any Subconsultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. The Consultant shall cause the names of Subconsultants responsible for significant portions of the Services to be inserted on the plans and specifications. The Consultant shall be ultimately responsible for ensuring the Consultant's and all of its Subconsultants' compliance with the requirements of this Section and any other provision of the Agreement and/or Consultant Service Order. With respect to the performance of work by Subconsultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the 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 12/19/2022 1 50 PM p. 30 Docu Sign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 v y of Miami Beach Bid 2023-016-WG Consultant, the City makes no express or implied certification, warranty, and/or representation as to the accuracy or completeness of such information and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 3.3 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its Subconsultants or vendors). 3.4 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non-conformance with the Contract Documents, the City, through the Project Administrator, shall give prompt written notice thereof to the Consultant. 3.5 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. 3.6 The City Commission shall be the final authority to do or to approve the following actions or conduct, by passage of an enabling resolution or amendment to this Agreement: 3.6.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.6.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include sale of the majority of the stock of a corporate consultant. 3.6.3 Contract Amendments shall be approved in accordance with Contract Approval Authority Procedure 03.02 or 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 12/19/2022 1:50 PM p. 31 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 y of Miami Beach Bid 2023-016-WG 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 Contract Amendments shall be approved in accordance with Contract Approval Authority Procedure 03.02 or as amended. 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 has established a Construction Cost Budget for the Project, set forth in Schedule D. 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 a written directive of the Project Administrator. 12/19/2022 1 50 PM p. 32 Docu Sign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 -,of Miami Beach Bid 2023-016-WG 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 to the Consultant's estimated total costs in the Statement of Probable Construction Cost to within fifteen percent (15%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design Documents as part of the Basic Services and at no additional cost to the City. 4.2.2. At the 30% and 60% completion of the Design Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus ten percent (+/-10%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform to 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 to 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. 12/19/2022 1:50 PM p. 33 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 _, r of Miami Beach Bid 2023-016-WG 4.3. Consultant shall certify and warrant to the City that the Statement of Probable Construction Cost and any update thereto, represents Consultant's best judgment of the Construction Cost for the Project as an experienced design professional familiar with the construction industry, provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of Probable Cost by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant, and the Consultant shall re -design the Project within the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Statement of Probable Construction Cost, and Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents) within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the date Consultant is notified to re -design), and shall provide re -bidding services, as many times as may be reasonably requested by the City, as part of the Basic Services and at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within ten percent (10%) of the Consultant's final updated Statement of Probable Cost. 4.5. The Construction Cost Budget shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such Construction Cost Budget is exceeded, the City Commission may, at its sole and absolute discretion, terminate this Agreement (and the remaining Services) without any further liability to the City. 4.6. The City Commission may, at its sole and absolute discretion, and without relieving Consultant of its obligations under this Agreement to design the Project to the Construction Cost Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the following options: (1) approve an increase to the Construction Cost Budget, (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many deductive alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Administrator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; a lump sum 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 12/19/2022 1:50 PM p. 34 Docu Sign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _ Y of Miami Beach Bid 2023-016-WG 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 execution of this Agreement (excluding conditions determined by all prior studies available to Consultant and excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.3. City -Requested Revisions to Construction Documents: Making revisions to Construction Documents resulting in or from City -requested changes in Scope of Work involving new program elements, when such revisions are inconsistent with written approvals or instructions previously given by City and/or are due to causes beyond the control of Consultant. 5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or subpoena to appear and give testimony, preparing to serve or serving as an expert witness in connection with any state or federal court action to which the Consultant is not a party in its own name, that is not instituted by the Consultant or in which the performance of the Consultant is not in issue. 5.2.5 Procurement: Assistance in connection with bid protests, re -bidding, or re- negotiating contracts (except for Contract Document revisions and re -bidding services required under Section 4.4 hereof, which shall be provided at no additional cost to City). 5.2.6. Models: Preparing professional perspectives, models or renderings in addition to those provided for in this Agreement except insofar as these are otherwise useful or necessary to the Consultant in the provision of Basic Services. 5.2.7. Threshold Inspection/Material Testing and Inspection: Providing threshold inspection services and material testing/special inspection services, provided that Consultant, as part of the Basic Services, shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. 5.2.8 Pre -Design Surveys & Testing: Environmental investigations and site evaluations, provided, however, that surveys of the existing structure required to complete as -built documentation are not additional services. 5.2.9 Geotechnical engineering. Providing geotechnical engineering services or site surveys. 12/19/2022 1:50 PM p. 35 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 _ r of Miami Beach Bid 2023-016-WG 5.3 Additional services may be requested by the City using a Consultant Service Order (CSO). For each proposed Consultant Service Order, Consultant shall provide the City with a cost proposal on a lump sum or not -to -exceed basis, based on the fee schedule set forth in Schedule "A-V hereto. Pursuant to, City of Miami Beach Procurement Ordinance, and Citywide Procedure 03.02. 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, proof of payment by the Consultant, 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). Reimbursable Expenses and/or Contingency are allowance(s) set aside by the City and shall include actual expenditures (no markups allowed) made by the Consultant in the interest of the Project, provided such expenses are authorized in advance by the City. The Reimbursable Expenses and/or Contingency allowance(s), as specified herein, belongs to, and shall be controlled by the City (i.e. unused portions will be retained by the City and shall not be paid to Consultant). Notwithstanding the above, any Reimbursable Expenses must be authorized, in advance, in writing, by the City Manager or corresponding Department's Director. Invoices or vouchers for Reimbursable Expenses shall be submitted to the corresponding Department's Director (along with any supporting receipts and other back-up material required to support the amount invoiced, and as requested by the corresponding Department's Director). 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." Only actual amounts incurred and paid (requiring proof of payment) by the Consultant shall be invoiced, without any markups and/or additions. ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" fee for provision of the Services, excluding reimbursable allowances and/or contingency, for the Project shall be $XXXXXX, as more fully 12/19/2022 1:50 PM p. 36 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _y of Miami Beach Bid 2023-016-WG delineated in Schedule B hereto. The City has set a reimbursable allowance in an amount no to exceed $XXXXX, for a total Contract Value of $XXXXX (Base bid of $XXXXX plus Contingency of $XXXXX). 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 billing 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 in the applicable Consultant Service Order. 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 set forth in Schedule C shall remain constant for the Initial Term of the agreement. Ninety (90) days prior to expiration of the Initial Term, the City Manager may consider an adjustment to the preceding year's unit costs for the subsequent year. Any such adjustments, if any, shall be 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, provided, however, that in no event shall any annual increase exceed three percent (3%). In the event that the City Manager 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 City 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. Invoices shall be submitted to the City at the following address: Accounts Payable: payables(aDmiamibeachfl.gov 12/19/2022 1 50 PM p. 37 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 v, , of Miami Beach Bid 2023-016-WG 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category). ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its Subconsultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in its native electronic form, paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Administrator in their native electronic form 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. 12/19/2022 1 50 PM p. 38 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 _ y of Miami Beach Bid 2023-016-WG 9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re -use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City, the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's 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 12/19/2022 1 50 PM p 39 Docu Sign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 _ , of Miami Beach Bid 2023-016-WG (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Administrator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Administrator). ARTICLE 11. INSURANCE 11.1 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A. Workers' Compensation Insurance for all employees of the Cosultant as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Consultant be exempt from this Statute, the Consultant and each employee shall hold the City harmless from any injury incurred during performance of the Agreement. The exempt consultant shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury 12/19/2022 1:50 PM P, 40 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 _ y of Miami Beach Bid 2023-016-WG and property damage. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the cosultant's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Conultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach (a)riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12/19/2022 1 :50 PM p. 41 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 ., y of Miami Beach Bid 2023-016-WG Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 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 o iY1ty , from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorne r , to the extent caused by the negligence, reckl ^ . off M, t 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 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 Contsultant, 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 Project Administrator. 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 12/19/2022 1:50 PM p 42 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 v, Y of Miami Beach Bid 2023-016-WG 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 total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the 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 the total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by 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 total amount of compensation/fees due to Consultant for all Services 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: Email XXXX With a copy to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Email XXX All written notices given to the Consultant from the City shall be addressed to: NAME Address contacOnfo 12/19/2022 1:50 PM p. 43 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 v, r of Miami Beach Bid 2023-016-WG All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. ARTICLE 16. CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW 16.1 Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. 16.2 The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. 16.3 Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Consultant" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law, (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 16.4 REQUEST FOR RECORDS; NONCOMPLIANCE. 16.4.1 A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the 12/19/2022 1 50 PM p 44 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 ... y of Miami Beach Bid 2023-016-WG Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 16.4.2 Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. 16.4.3 A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. 16.5 CIVIL ACTION. 16.5.1 If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys' fees, if: (a) The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and (b) At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. 16.5.2 A notice complies with subparagraph (16.5.1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 16.5.3 A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 16.6 IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 12/19/2022 1 50 PM p 45 Docu Sign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _ , of Miami Beach Bid 2023-016-WG CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a-)MIAMIBEACHFL.GOV PHONE: 305-673-7411 ARTICLE 17 INSPECTOR GENERAL AUDIT RIGHTS Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3. Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 4. The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change 12/19/2022 1:50 PM p. 46 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 _ , of Miami Beach Bid 2023-016-WG documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 5. The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. 6. The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this contract. 7. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. ARTICLE 18. MISCELLANEOUS PROVISIONS 18.1 VENUE AND WAIVER OF JURY TRIAL: 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. 18.2 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. 18.3 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 12/19/2022 1 50 PM p. 47 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 y of Miami Beach Bid 2023-016-WG 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 Consultant, supplier, subconsultant, 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 18.4 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. 18.5 LAWS AND REGULATIONS: 18.5.1 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. 18.5.2 Protect Documents. In accordance with Section 119.071 (3) (b)(2), Florida Statutes, entitled "General exemptions from inspecting or copying public records," 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 Consultant 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. 18.5.2.1 In addition to the requirements in this subsection 18.5.2, 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. 12/19/2022 1:50 PM p 48 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 v Y of Miami Beach Bid 2023-016-WG 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. 18.5.2.4 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. 18.5.3 E-Verify 18.5.3.1 Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. 18.5.3.2 TERMINATION RIGHTS. 18.5.3.2.1 If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. 18.5.3.2.2 If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 18.5.3.1 but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. 18.5.3.2.3 A contract terminated under the foregoing Subsection 18.5.3.2.1 or 18.5.3.2.2 is not in breach of contract and may not 12/19/2022 1:50 PM p. 49 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 _ r of Miami Beach Bid 2023-016-WG be considered as such. 18.5.3.2.4 The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination underthe foregoing Subsection 18.5.3.2.1 or 18.5.3.2.2 no later than 20 calendar days after the date on which the contract was terminated. 18.5.3.2.5 If the City terminates the Agreement with Consultant under the foregoing Subsection 18.5.3.2.1 Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. 18.5.3.2.6 Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 18.5.3. 18.6 FORCE MAJEURE: 18.6.1 A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such parry at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. 18.6.2 If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately upon learning of the occurrence of the event or of the commencement of any such delay, but in no case within fifteen (15) business days thereof, provide notice of (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. 18.6.3 No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of 12/19/2022 1:50 PM p. 50 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 v Y of Miami Beach Bid 2023-016-WG no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. 18.6.4 Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event causing the suspension of performance shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. 18.6.5 Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this Section, Consultant shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 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. 18.7 CORRECTIONS TO CONTRACT DOCUMENTS: If applicable to the performance of Consultant's Services, 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. 18.8 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. 18.9 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 12/19/2022 1 50 PM P. 51 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 _, r of Miami Beach Bid 2023-016-WG 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. 18.10 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. 18.11 INTENT OF AGREEMENT: 18.11.1 The intent of the Agreement is for the Consultant to provide all necessary items for the proper completion of the Services. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 18.11.2 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. 18.11.3 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. 18.11.4 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY CLERK CITY OF MIAMI BEACH: 12/19/2022 1:50 PM p, 52 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 y of Miami Beach Bid 2023-016-WG Date. Attest Signature/Secretary Print Name Date. Date. Signature/President Print Name Date. 12/19/2022 1:50 PM p. 53 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 y of Miami Beach Bid 2023-016-WG SCHEDULES TO BE INSERTED 12/19/2022 1:50 PM p 54 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 y of Miami Beach Bid 2023-016-WG APPENDIX C MIAMI BEACH INSURANCE REQUIREMENTS 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 12/19/2022 1 50 PM P. 55 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 . y of Miami Beach Bid 2023-016-WG The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A. Workers' Compensation Insurance for all employees of the Cosultant as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Consultant be exempt from this Statute, the Consultant and each employee shall hold the City harmless from any injury incurred during performance of the Agreement. The exempt consultant shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the cosultant's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 12/19/2022 1:50 PM p. 56 DocuSign Envelope ID: 24C42855-95984E5F-878D-A31F8BC63F07 _ Y of Miami Beach Bid 2023-016-WG Verification of Coverage — Conultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach (aD,riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 12/19/2022 1 50 PM p. 57 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 y of Miami Beach Bid 2023-016-WG Question and Answers for Bid #2023-016-WG - BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES There are no questions associated with this bid. Question Deadline: Jan 18, 2023 5:00:00 PM EST 12/19/2022 1:50 PM p 58 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO RFQ DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 DIvisION OF CORPORATIONS ran o fJrinl .Same uJ Florida webil[r Qepanment of State / Division of Corporations / Search Records / Search b Entily, Name / Detail by Entity Name Foreign Profit Corporation GANNETT FLEMING, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 207 Senate Avenue Camp Hill, PA 17011-2316 Changed: 01 /18/2021 Mailing Address 207 Senate Avenue Camp Hill, PA 17011-2316 P26734 25-1613591 10/30/1989 DE ACTIVE CORPORATE MERGER 12/29/1995 12/31 /1995 Changed: 01/18/2021 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 05/02/2019 Address Changed: 05/02/2019 Officer/Director Detail Name & Address Title Chairman, CEO, Director DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 SCAER, ROBERT M 208 DUNBAR DRIVE MECHANICSBURG, PA 17050 Title President, COO, Director NOWICKI, PAUL D 56 JEANINE COURT MANALAPAN, NJ 07726 Title EXECUTIVE VP THOMAS, DAVID B 1924 SE 24TH AVENUE FT. LAUDERDALE, FL 33316 Title EXECUTIVE VP, DIRECTOR KOVACS, JOHN W 1480 REDFERN DRIVE PITTSBURGH, PA 15241 Title EXECUTIVE VP, DIRECTOR MCGINNIS, ESTHER M 1915 Gerritt Street Philadelphia, PA 19146 Title SENIOR VP ABREU,JOSE 6950 SILVER OAK DRIVE MIAMI LAKES, FL 33014 Title SENIOR VP BARRETT, WARREN A, II 14295 OLD FREDERICK ROAD COOKSVILLE, MD 21723 Title EXECUTIVE VP, DIRECTOR DERR, JOHN A 16434 EAST CRYSTAL RIDGE DRIVE FOUNTAIN HILLS. AZ 85268 Title SENIOR VP Di rcuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 NAIK, ULLIN L 23 HARROGATE DRIVE HUMMELSTOWN, PA 17036 Title EXECUTIVE VP., DIRECTOR HOFFMANN, ARTHUR G, JR 1324 State Road 271 Ligonier, PA 15658 Title EXECUTIVE VP RAGAN, ROBERT E 21 Cross Road Syracuse, NY 13224 Title CFO, TREASURER, EXECUTIVE VP, DIRECTOR KESSLER, JON H 1625 BOW TREE DRIVE WEST CHESTER, PA 19380 Title SENIOR VP Laurita, James R 9 WHITE OAK RIDGE COURT MENDHAM, NJ 07945 Title SENIOR VP BUCHHEIT, JOHN A 828 Ellwood Ave Unit B Orlando, FL 32804 Title SENIOR VP CAMPANELLA, GEORGE R 580 S. Goddard Blvd #2112 King of Prussia, PA 19406 Title SENIOR VP CASADO, LUIS 5831 BROMBOROUGH DRIVE WINDSOR, CO 80550 Title SENIOR VP JOHNSON, MARK D DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 I 44U r-UJ I tK J I Ktt I NORTH ANDOVER, MA 01845 Title SENIOR VP LEWIS, PAUL J 123 Bramblewood Lane Lewisberry, PA 17339 Title EXECUTIVE VP, DIRECTOR MULQUEEN, BRYAN P 2129 Cowper Drive Raleigh, NC 27608 Title SENIOR VP. ASSISTANT SECRETARY PLUMPTON, WILLIAM M 179 NORTH LOOP ROAD MECHANICSBURG, PA 17055 Title SENIOR VP WESDOCK, BRENDAN J 210 MOONEFIELD DRIVE SMITHFIELD, VA 23430 Title Senior Vice President Ferruccio, Anthony C. 2856 Sewell Mill Road Marietta, GA 30062 Title Senior Vice President Schiemer, Matthew J 8914 Scottish Pastures Drive Austin, TX 78750 Title Senior Vice President Snow, Terry M 110 Shotwell Court Hillsborough, NC 27278 Title Senior Vice President Young, Paul A 201 Fawn Meadows Drive DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 i t5auwln, mu aou 1 "1 Title CORPORATE ETHICS OFFICER, VICE PRESIDENT, SECRETARY Daly, Audrey J. 31 Balfour Drive Mechanicsburg, PA 17050 Title SENIOR VP Dreese, Trent L. 221 Littletown Road Selinsgrove, PA 17870 Title SENIOR VICE PRESIDENT Gillespie, Andrew J. 8 Cavallo Way Doylestown, PA 18901 Title SENIOR VICE PRESIDENT Mason, Bradley A. 3816 Hansberry Court NE Washington, DC 20018 Title SENIOR VICE PRESIDENT Sibley, Scott W. 581 Avon Road King of Prussia, PA 19406 Title SENIOR VICE PRESIDENT Thompson, Christopher M. 222 Monroe Street Philadelphia, PA 19147 Title SENIOR VICE PRESIDENT Zachman, Shawna K. 7000 W. 64th Avenue Arvada, CO 80003 Title Senior Vice President Tulumello, Guiseppe 549 77th Street Brooklyn, NY 11209 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 Title Senior Vice President Head, Lawrence T. 6400 South Fiddlers Green Circle Suite 1750 Greenwood Village, CO 80111 Title Senior Vice President Benavides, Joe 207 Senate Avenue Camp Hill, PA 17011-2316 Title Senior Vice President Nordin, Addison 207 Senate Avenue Camp Hill, PA 17011-2316 Title Senior Vice President Anosike, Dennis O 1244 West Norwood Chicago, IL 60660 Title Senior Vice President Brenize, Brett A 24 Hunt Place Mechanicsburg, PA 17050 Title Senior Vice President Gibbons, James T 17 Rose Hill Court Hampton, NJ 08827 Annual Reports Report Year Filed Date 2021 01 /18/2021 2022 01 /18/2022 2023 01 /31 /2023 Document Images 01/31/2023 --ANNUAL REPORT View image in PDF format 01/18/2022 --ANNUAL REPORT View image in PDF format Dr icuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 01/18/2021 --ANNUAL REPORT View Image in PDF tormat 01/31/2020 --ANNUAL REPORT View image in PDF format 05/02/2019 -- Reg Ag nt Chang?, View image in PDF format 01/29/2019 --ANNUAL REPORT View image in PDF format 01 /03/2018 --ANNUAL REPORT View image in PDF format 01/13/2017 -- ANNUAL REPORT View image in PDF format 01/05/2016 --ANNUAL REPORT View image in PDF format 01 /19/2015 -- ANNUAL REPORT View image in PDF format 02/06/2014 --ANNUAL REPORT View image in PDF format 03/21/2013 -- ANNUAL REPORT View image in PDF format 09/17/2012 --Reg. Agent Chang.Q View image in PDF format 02/28/2012 -- ANNUAL REPORT View image in PDF format 04/01/2011 --ANNUAL REPORT View image in PDF format 03/14/2011 --ANNUAL REPORT View image in PDF format 02/26/2010 --ANNUAL REPORT View image in PDF format 03/05/2009 --ANNUAL REPORT View image in PDF format 03/25/2008 --ANNUAL REPORT View image in PDF format 03/12/2007 -- ANNUAL REPORT View image in PDF format 04/26/2006 --ANNUAL REPORT View image in PDF format 04/22/2005 --ANNUAL REPORT View image in PDF format 09/17/2004 -- Reg. Agent h ngg View image in PDF format 05/03/2004 --ANNUAL REPORT View image in PDF format 04/29/2003 -- ANNUAL REPORT View image in PDF format 05/22/2002 --ANNUAL REPORT View image in PDF format 04/30/2001 --ANNUAL REPORT View image in PDF format 05/15/2000 --ANNUAL REPORT View image in PDF format 05/10/1999 -- Reg, gnt hangg View image in PDF format 03/03/1999 --ANNUAL REPORT View image in PDF format 05/04/1998 --ANNUAL REPORT View image in PDF format 02/14/1997 --ANNUAL REPORT View image in PDF format 05/01/1996 --ANNUAL REPORT View image in PDF format 05/01/1995 --ANNUAL REPORT View image in PDF format Floe-ica o` Sa'e. D-S,s n of COIPu^UOIg DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 BID SUBMITTAL QUESTIONNAIRE SECTION 1 - BID CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: BID NUMBER I PROJECT TITLE BIDDER'S NAME. Gannett Fleming, Inc. NO. OF YEARS IN BUSINESS 108 NO. OF YEARS IN BUSINESS LOCALLY 34 NO. OF EMPLOYEES 2714 OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: BIDDER PRIMARY ADDRESS (HEADQUARTERS): 207 Senate Avenue CITY: Camp Hill STATE: PA ZIP CODE: 17011 TELEPHONE NO.. 717.763.7211 TOLL FREE NO.. 800.233.1055 FAX NO.: 717.763.8150 BIDDER LOCAL ADDRESS. 800 NW 62nd Avenue, Suite 490 CITY: Miami STATE: FL ZIP CODE. 33126 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT. Gene Perry ACCOUNT REP TELEPHONE NO.. 717.886.5279 ACCOUNT REP TOLL FREE NO.: 800.233.1055 ACCOUNT REP EMAIL: gperry@gfnet.com FEDERAL TAX IDENTIFICATION NO.: 25-1613591 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document referenced in the solicitation c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) if bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. Name and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: William Foos, Vice President William Foos DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F813C631`07 SECTION 2 -ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt WF Addendum 1 Addendum 6 Addendum 11 WF Addendum 2 Addendum 7 Addendum 12 WF 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. SECTION 3 - CONFLICT OF INTEREST All bidders 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. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entitv or anv of its affiliates. iRST AND LAST NAME RELATIONSHI, 1 2 3 4 5 6 SECTION 4 - FINANCIAL CAPACITY At time of request by the City, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: https://suppl eerportal.dnb.com/webapp/wcs/stores/serviet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder 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. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 SECTION 5 - REFERENCES AND PAST PERFORMANCE Project No. BID NUMBER Project Title PROJECT TITLE Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation. Bidder may submit additional references as part of its bids submittal. Reference No.1 Firm Name: City of Miami Beach Contact Individual Name and Title: Frank Garcia, Sr. Facilities Capital Projects Coordinator Address: 1833 Bay Road, Miami Beach, FL 33139 Telephone: 305.673.7000 x22126 Contact's Email: franciscogarcia@miamibeachfl.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: The project included the identification of areas of vulnerability, characterization of relevant vehicle threats, determination of maximum impact velocities and angles, development of concepts to support mitigation schemes, interviews and discussion with internal stakeholders (i.e., City of Miami Beach Police Department, Fire Prevention Division, Property Management, Public Works Sanitation Division, Parks and Recreation, Beach Maintenance, and Tourism and Culture.) to gather information and confirm assumptions, constraints, and requirements; evaluation of vehicle traffic patterns on main thoroughfares and adjacent streets, including average vehicle sizes and types to determine potential Design Basis Threats, evaluation of pedestrian traffic patterns, including pedestrian access points, gathering areas, congestion periods, etc.; potential vehicle attack vectors from adjacent parking areas, and evaluation of key activities, events, and operational functions that could bleed over from major thoroughfares onto the Beachwalk, including times of operation, special events, public attractions, etc. Project cost: $99,967 Project date: 2021-2022 We also completed a 100 percent design for hostile vehicle mitigation barriers at the City of Miami Beach Convention Center, Soundscape Park, and South Pointe Park. The project was completed in three phases, including a basis of the design phase, a 30 percent conceptual design phase, and a final design phase consisting of both 90 percent draft and 100 percent final designs. Our team led the development of the basis of the design study and report, which identified hostile vehicle design basis threats (DBT) by type, vehicle size, and capability; a security vulnerability assessment against the identified DBTs; an evaluation of security effectiveness of existing vehicle barriers; and recommended security barrier mitigations or improvements to reduce vulnerability. The project included the identification of areas of vulnerability, characterization of relevant vehicle threats, and determination of maximum impact velocities and angles. Project cost: $136,147 Project date: May 2021-May 2022 Reference No.2 Firm Name: City of Miami Beach Contact Individual Name and Title: DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A3lF8BC63F07 AUUI CJ,. •+J I LiauC MuUmval u, IYIIa1111 Muaw 1, FL. %33139 Telephone: 305.673.7000 x6828 Contact's Email: matthewlepera@miamidda.com Narrative on Scope of Services Provided, Project Budget, and Project Dates: Gannett Fleming worked on the completion of a 100 percent design for hostile vehicle mitigation barriers at the City of Miami Beach Convention Center, Soundscape Park, and South Pointe Park. The project was completed in three phases, including a basis of the design phase, a 30 percent conceptual design phase, and a final design phase consisting of both 90 percent draft and 100 percent final designs. Our team led the development of the basis of the design study and report, which identified hostile vehicle design basis threats (DBT) by type, vehicle size, and capability; a security vulnerability assessment against the identified DBTs; an evaluation of security effectiveness of existing vehicle barriers; and recommended security barrier mitigations or improvements to reduce vulnerability. The project included the identification of areas of vulnerability, characterization of relevant vehicle threats, and determination of maximum impact velocities and angles. Project cost: $$136,147 Project date: 2021-2022 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 Reference No.3 Firm Name: California Department of Water Resources Contact Individual Name and Title: John Rizzardo, PE, State Water Project Security Coordinator Address: 901 P Street, Sacramento, CA 94236 Telephone: 916.653.1292 Contact's Email: john.rizzardo@water.ca.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: Gannett Fleming has worked with the California Department of Water Resources (DWR) since 2013, performing on a variety of task orders supporting security, compliance, and emergency management -related work for all five field divisions of the State Water Project. Through this work, we have supported the Division of Operations and Maintenance and the Security and Emergency Management team and worked with external stakeholders, including the California GovernorA¢A A s Office of Emergency Services (CalOES), the Federal Energy Regulatory Commission (FERC), and the Division of Safety of Dams (DSOD). As part of this project in 2018, we performed a vulnerability assessment and technical performance for vehicle barriers to deter, delay, and deny vehicle -borne threats to a high hazard dam, canals, roadways, and bridges. The assessment culminated in the delivery of a written report, informing the identification of vehicle -borne design basis threats to the protected assets; an evaluation of performance requirements for vehicle barriers to physically protect against the vehicle -borne design basis threat; and a listing of vehicle -barrier types, which met the technical performance requirements needed to protect the assets. Our work also included conducting research and support activities in building security policies, plans, and instructions to assist in the development and management of a Department -wide Security Program. SECTION 6 - SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non- performance by any public sector agency? YES p� NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 7 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami -Dade County that have been certified as Small or Disadvantaged Business by Miami -Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami -Dade County? YES NO SECTION 8 - LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? 0 YES NO DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 SECTION 9 - BYRD ANTI -LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti -Lobbying Amendment Certification Name and Title of Bidder's Authorized Signature of Bidder 's Authorized Representative: Representative: William Foos, Vice President William Foos 6LG L ION 10 - 6USPENSION AND DLbARMtl`N I GLRTIFICATION The Contractor acknowledges that (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: William Foos, Vice President William Foos SECTION 1" 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 https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COS1 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 . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. SECTION 12 — CODE OF BUSINESS E 1 HiG Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.aov/cit -hall/procurement/procurement-related-ordinance-and-procedures/ Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? YES NO Bidder adopts the City of Miami Beach Code of Business Ethics? 0 YES Q� NO „-CTION 13 - LOr r3YIST -- ISTP ' T'ION & CA` " "-N CONTRIBUTION R'--' ""- This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2485.3 of City Code (https://librarv.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3LO) • Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE) DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 By V11 LUC UI JUUI I IILLI11y UIU, L,IUUUI UUI L111U6 UI dmmis that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. SECTION 14 — NON-DISCRIMINATION The Non -Discrimination ordinance is available at: https.//Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 15 — FAIR '-HANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. SECTION 16 - P1 IRLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.fisenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 'zr'CTION 17 - VETERAN BtMMESS ENTERPRISES PREFFRENCF Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://library. municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service - disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise. Is the bidder a service -disabled veteran business enterprise certified by the State of Florida? YES NO Is the bidder a service -disabled veteran business enterprise certified by the United States Federal Government? Q� YES Q� NO SECTION 18 - MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? YES NO If yes, explain. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A3lF8BC63FO7 PROPOSAL FOR THE CITY OF MIAMI BEACH BEACHWALK PROTECTIVE BOLLARDS CONSULTING SERVICES RFQ 2023-016-WG • FEBRUARY 2023 � GANNETT FLEMING POW pop- DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TABLE OF CONTENTS TAB 01 Cover Letter & Minimum Qualifications Requirement ..... 1.1 Cover Letter 1.2 Minimum Qualifications Requirement 02 Experience & Qualifications 2.1 Organization Chart 2.2 Relevant Experience 2.3 Relevant Experience of Subconsultant(s)/Subcontractors(s) 1-02 1-05 2-01 2-21 2-26 03 Approach & Methodology............................................................ Approach 3-01 Methodology 3-05 APPENDIX Exceptions to Solicitation ....................................... A-01 W GANNETT FLEMING 1 01 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 FEBRUARY 21, 2023 � GANNETT FLEMING William Garviso, Procurement Contracting Officer II City of Miami Beach, Procurement Department 1755 Meridian Avenue, V Floor Miami Beach, FL 33139 305.673.7490 RFQ 2023-016-WO: BEACHWALK PROTECTIVE BOLLARDS CONSULTING SERVICES Dear Mr. Garviso: The City of Miami Beach (the City) is host to 24.2 million visitors each year through a number of national and international events, and is a far-reaching draw of international tourism. This contract will build upon the Beachwalk Bollards Project- Phase One (Assessment and Basis of Design), completed by Gannett Fleming to provide a safe environment for all of the citizens and visitors of the City with the installation of protective bollards to create a threat deterrent system to reduce vulnerability and maintain public safety along the Boardwalk. This project will be completed through the performance of site assessments, preliminary drawings, product selection, design documents, project cost estimating, project schedule estimating, technical/performance specifications, and construction administration to support the City's procurement and construction of the project. Gannett Fleming is extensively familiar with these project requirements, having already completed a vulnerability assessment and security basis of design document for the City of Miami Beach Beachwalk. Gannett Fleming's security and safety services include experts with extensive experience identifying threats, performing vulnerability assessments, evaluating risk, providing strategies, and incorporating these strategies into action for procurement, installation and defining supporting procedures. Through our understanding and familiarization with the project, our team will refine the basis of design, perform preliminary analysis, develop initial design, and put together performance specifications, preliminary cost analysis, and assist with the selection and construction over site of the proposed hostile vehicle mitigation strategies. Our goal is to help the City mitigate the risk of these types of attacks to ensure the protection of its people and visitors. Gannett Fleming has a proven track record of success with the City. We understand the challenges of the City and through our prior work, qualifications, and experience. As a partner, the City will engage with a leading safety and security firm having the knowledge, expertise, and ability to be the best choice to partner with the City to fulfill your 2022-2025 mission statement to invest in resilient and intelligent public infrastructure and complete objective 2.4.2 to prioritize projects that protect the most critical and vulnerable areas. 1-02 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 Minimum Qualification Requirement: Gannett Fleming meets the minimum qualification requirements by being registered with the State of Florida Department of Business and Professional Regulation with a Professional Engineer Rank related license. A copy of our registration will follow the executive summary. Gannett Fleming will build upon our previous Beachwalk vulnerability assessment, basis of design, and initial concept planning project that we completed alongside the City of Miami Beach Beachwalk stakeholders and partners. Our familiarization, understanding, and approach will ensure a seamless transition into this next phase of protection for the Beachwalk where we will ensure our concepts are developed into a complete design for construction and implementation to reduce risk. From our work completed in Phase One of this project, we understand the needs for various levels of access to the beachwalk. This includes expedited access for public safety and emergency responders, and regular access for other city departments (such as Public Works, Sanitation, and Maintenance), and certain authorized vendors. During the Basis of Design, we were able to identify these key areas and have the technical understanding to make mitigation recommendations. Our security and safety team members along with our engineers, bring a wealth of experience and various disciplines in the areas of seismic and blast analysis, along with systems engineering concepts. Our experience ranges from significant critical infrastructure protection strategies, to high profile buildings, and large entertainment venues. Our proposed project team has a national reputation built upon work across the United States. We have the right people to help with incorporating comprehensive civil, electrical, and security elements into any plan, design, and performance requirements. Specifically, our security and traffic control related services performed on past projects include: • Comprehensive transportation and master planning • Environmental assessments • Security assessments and design • Traffic and safety engineering • Site planning and design • Roadway design • Electrical and power system design • Facility planning and design, including achieving Leadership in Energy and Environmental Design (LEEDTM") certifications • Landscape architect • Active vehicle barrier placement, operation, and system design • Construction management • Commissioning AJ GANNETT FLEMING 1-03 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 ISO 9001:2015 accredited firm: Our Quality Management System guides our project execution methodology and will be applied to each task. An integral part of this process is capturing our client input through formal Customer Satisfaction Evaluation (CSE) surveys. We are proud to consistently receive CSE ratings of 94 percent or higher, (Scale - 1 to S) which confirms that we successfully achieve our client's goals. A1140% DEPENDABILITY/RELIABILITY 5.00 TECHNICAL QUALITY 5.00 100 TIMELINESS 5.00 COOPERATION 5.00 Wl COMMUNICATION 5.00 Under the guidance of our Project Principal Nelson Mora, PE, a transportation professional who works extensively with the City of Miami Beach, this project will be led by Gene Perry, CPP, PSP, PMP. Gene will serve as your Project Manager and Technical Lead. Gene served in this same capacity during our completed, successful Beachwalk Vulnerability Assessment and Basis of Design completed during Phase One, and will bring consistency to this project. He brings 30 years of experience as a subject matter expert in physical security assessment, design, and implementation. His experience managing projects and having completed over 300 security and safety risk assessments will allow him to serve as an excellent and effective leader for the team. Gene is a retired U.S. Army veteran with unique counter terrorism experience having served with the 1st Special Forces Operational Detachment — Delta, holds an active Government security clearance, and is formally trained in antiterrorism measures and antiterrorism physical security design. As Vice President, I am authorized to bind the firm in a contract. We acknowledge receipt of the RFQ in addition to Addendums 1, 2, and 3 dated January 27, 2023, February 8, 2023, and February 13, 2023 respectively. We are committed to providing a quality product within schedule and on budget. We appreciate the opportunity to continue to assist and partner with the City on this very important project. Please review and let me know if you have questions or need additional information to support your decision. We look forward to working with you and your team. Sincerely, GANNETT FLEMING, INC. William F. Foos, CPP, PSP, Vice President Director of Security and Safety Services 0: 303.390.3977 1 M: 717.S71.3412 wfoos@gfnet.com GANNETT FLEMING 1-04 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 THE OFFICIAL SITE OF THE FLORIDA DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION dd dk r= TF4ness ONLINE SERVICES LICENSEE DETAILS Licensee Information Apply for a License Name: Verify a Licensee Main Address: View Food & Lodging Inspections County: File a Complaint Continuing Education Course License Information Search License Type: View Application Status Rank: License Number: Find Exam Information Status: Unlicensed Activity Search Licensure Date: Expires: AB&T Delinquent Invoice &Activity List Search Special Qualifications Alternate Names HOME CONTACT US MY ACCOUNT 3:35: 23 PM 2/18/2022 GANNETT FLEMING, INC (Primary Name) 207 SENATE AVENUE CAMP HILL Pennsylvania 17011 OUT OF STATE Registry Registry 5564 Current 01 /23/1990 Qualification Effective View Related License Information View License Complaint 2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center:: Customer Contact Center: 850.487.1395 The State of Florida is an AA/EEO employer. 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GANNETT FLEMING -, DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 0 2 EXPERIENCES QUALIFICATIONS DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS TAB 2 EXPERIENCE 6 QUALIFICATIONS 2.1 ORGANIZATION CHART V The team that Gannett Fleming has assembled for you previously worked on Phase I and is fgrni local area and project expectations. This will allow the team to hit the ground running on your p Lead Design Manager Security Analyst Tim Connor, PE, PTOE g, Scott Workman, CPP Civil Engineer GIS Analyst Sara Finlayson, PE Jesse Eckenrode Alejandro Uribe, PE Austin Stumpf Construction Services Quality Assurance/Quality Control Martin Benzaquen, PE, ENV SP McEwan van der Mandele, CPP, Landscape Architect PSP - Security Brian Shifflett, RLA, LEED AP Alina Fernandez, PE - Engineering I), - Key Staff GANNETT FLEMING 2-01 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS 2.1.1 Organization Structure As depicted in our organization chart, the leadership and accountability structure of the project team will be lead by the following individuals that have the overall authority on the project and ensure its execution. The balance of the team will report up and be accountable to the Project Manager. Bill, Foos, CPP, PSP, is a Vice President that is authorized to negotiate on behalf of Gannett Fleming. Nelson Mora, PE will serve as the Project Principal. He will be responsible for ensuring compliance to the Project Execution Plan. Nelson is our local representative to the City of Miami Beach who's presence assures that we will be responsive to the City of Miami Beach throughout the project. Gene Perry, CPP, PSP, PMP, will be your Project Manager and Technical Lead. Gene will ensure that the project is running as expected, on schedule, and within budget. As the primary point of contact, Gene will communicate consistently with the City of Miami Beach Project Manager throughout the project. Mr. Timothy Connor, PE, PTOE, will serve as Design Lead Manager for the project. Tim will ensure coordination of the engineering aspects of this project in addition to providing oversight through the selection, oversight, installation, and commissioning of the selected products. We have also assigned two Quality Assurance/Quality Control personnel to the team. McEwan van der Mandele, CPP, PSP and Alina Fernandez, PE. Together they will ensure both the security and engineering components of the project are technically sound and meet our stringent Quality Management System standards. Support team members Sarah Finlayson, PE, Alejandro Uribe, PE; Martin Benzaquen, PE, ENV SP; Brian Shifflet, RLA, LEED AP; Scott Workman, CPP; Jesse Eckenrode; and Austin Stumpf will provide integral support throughout the various phases of the project identified in the Scope of Work. 2.1.2 Project Management and Accountability Synergy between the City Administration, its residents and stakeholders, and the project team will be key to the successful delivery of this project. This can be accomplished with direction and coordination that is proactive and knowledgeable. As stated above, Gene Perry, CPP, PSP, PMP, will serve as your Project Manager and will be the overall primary point of contact for work performed under this contract. Mr Perry will also be the main point of contact for communication and coordination among the project team members. His expertise in risk analysis and emergency response planning; and his experience managing projects; will allow him to serve as an excellent and effective leader for the team. Mr. Perry will keep the City of Miami Beach's Project Manager informed of project status and any potential contract issues, should they arise. Additionally, as Project Manager, Mr. Perry will ensure the deliverables are completed in a thorough and timely manner. Gene Perry will also serve as the Security Technical Lead. GANNETT FLEMING 2-02 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS GENE PERRY Mr. Perry will serve as your Project Manager. Mr. Perry brings 30 years of experience as PROJECT MANAGER a subject matter expert in providing security and safety consulting services including physical protection systems development, design, implementation, policy development, and training; threat, vulnerability, and risk assessments; mitigation strategies; emergency response and continuity of operations plans; security planning guidelines; security investment prioritization; and security policy recommendations. His experience managing projects and having completed over 300 security and safety risk assessments will allow him to serve as an excellent and effective leader for the team. Mr. Perry has completed Basis of Design report for Phase One of this project, in addition to completing Bases of Design for critical infrastructure in multiple states, including technical requirements for vehicle barriers in California. Mr. Perry has served as Project Manager, Assistant Project Manager and Senior Security Analyst for security reviews, vulnerability assessments, security program updates, and emergency actions plans updates, and Program Manager for a variety of clients. Mr. Perry has unique special operations experience and led the Force Protection mission for the United States Army 1st Special Forces Operational Detachment (Delta). Gene holds a U.S. Government security clearance. EXPERT TEAM LEADERSHIP Our team will be supported by Nelson Mora, PE. As Project Principal, he will strive for optimal communication between all involved parties throughout the duration of the contract. Having nine years of firsthand experience in the delivery of multi - modal transportation projects, from planning to construction, Mr. Mora understands the challenges of conceptualizing and implementing transportation improvements, particularly innovative ones. He is able to focus on the intricacies and details of re- designing a single intersection to better accommodate all modes, but understands that proper planning and programming is vital to make this possible. Mr. Mora currently leads the Gannett Fleming Miami Office Planning Practice and his experience includes transportation master planning, corridor studies, complete street studies, freight feasibility studies, pedestrian and bicyclists feasibility studies, traffic operations and safety analysis, parking and park -and -ride studies, truck parking studies, PD&E studies for both roadway and fixed guideway transit projects, conceptual and final roadway design, roadway and transit plans review, alternative analysis, 3D graphics and renderings, design -build RFP development, and civil/site plans development. GANNETT FLEMING 2-03 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Mr. Timothy Connor, PE, PTOE, will serve as Design Lead Manager for the project. Mr. Connor brings 29 years of experience in the design of perimeter security and circulation solutions including security gates, security fencing, pedestrian and vehicular access control points, automated vehicle gates and other geometric and circulation improvements to mitigate risk and threats. He has antiterrorism project experience in the design development of numerous entry control facilities for military installations aimed at minimizing loss of life and preserving critical assets. He is well -versed in integrating multi -stakeholders needs into the project elements. Mr. Connor was the Design Lead Manager for the hostile vehicle barriers design project for the City of Miami Beach's Convention Center, Soundscape Park, and South Pointe Park. RESUMES AND BIOGRAPHIES Resumes of the key team members and bins of the supporting staff follow. GANNETT FLEMING 2-04 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS NELSON MORA, PE PROJECT PRINCIPAL SUMMARY OF QUALIFICATIONS & EXPERIENCE Nelson Mora, PE will serve as Project Principal who will provide management and technical oversight, and ensure that the proper resources are allocated through the duration of the project. Supervises the Miami transportation planning group in areas involving project development, preliminary engineering, and environmental analysis. Directs and coordinates projects, which include highway and transit corridor conceptual development and design, pedestrian and bicycle corridor analyses and alternatives development, transportation master plans, park -and -rides and mobility hubs conceptual development and design, traffic impact studies, freight transportation feasibility analyses, transit operations planning, and multi -modal alternative analyses and development. RELEVANT WORK EXPERIENCE General Planning Consulting Services, Miami -Dade County, FL, Miami -Dade TPO. Project Engineer responsible for specific tasks under this contract involving multimodal alternatives development, analyses, and preliminary design. This contract provides general planning services to the Miami -Dade TPO conducting a wide range of specialized studies to explore improvements to the regional transportation system. Working directly with TPO staff and the TPO committees and Board, concise analyses of transportation concepts are explored. The contract supports the TPO planning process for the urbanized area and regional efforts. Tasks performed under this contract include: corridor studies; transit services evaluations; InteracTIP enhancements and Development of TIPS; LRTP Development, Reversible Lanes along Major Thoroughfares Study; Beach Corridor Transit Connection Study; Douglas Road Transit Study; SMART Plan Support; and Toll Managed Highways with Rapid Bus Routes Study. General Transportation Planning and Traffic Engineering Consulting Services, Miami Beach, FL, City of Miami Beach. Project Manager for this task to provide a vision for the future of the City's transportation system. Gannett Fleming supported the City in establishing the adopted 203S Mode Share Vision that serves as a foundation for decisions to promote a more sustainable transportation environment. The development of the Transportation Master Plan included developing a comprehensive existing conditions analysis and a wide-ranging bank of projects designed to tilt the mode split in favor of the adopted vision. The vision was also supported through suggested policy changes and programs such as the GANNETT FLEMING 2-05 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS creation of bicycle and pedestrian oriented corridors, and Pedestrian Priority Zones (PPZ). Assisted with feasibility studies that determined the viability of enhancing the non -motorized environment and adding bicycle facilities along SR 907/63rd Street from Alton Road to SR A1A/Indian Creek Drive and along 23rd Street from Dade Boulevard to Beach Boardwalk. These studies determined risks and opportunities for developing several bicycle facilities given existing conditions, adjacent proposed improvements, and stakeholder coordination. General Transportation Planning and Traffic Engineering Consulting Services, Short -Term Beach Connection Transit Study, Miami Beach, FL, City of Miami Beach. Project Engineer evaluating interim short-term improvement strategies for providing a cost effective transit connection between the south potion of Miami Beach and Downtown Miami. This premium transit link would provide express bus service in advance of providing a proposed light rail connection across the MacArthur Causeway. The study included detailed data collection, purpose and need development, alternative development and evaluation, traffic impact analysis, transit ridership forecasts, capital and operation and maintenance costs, and agency coordination. The study considered bus on shoulders, exclusive transit lanes, queue jumpers, transit signal priority, right turn prohibitions, enhanced curb extension transit stops, and other minor street improvements. West Avenue Bridge Project Development and Environment (PD&E) Study, Miami Beach, FL, City of Miami Beach. Project Engineer for this PD&E study for a new bridge spanning over the Collins Canal to connect West Avenue from 17th Street to Dade Boulevard. This PD&E Study was performed for the Florida Department of Transportation District 6 in coordination with the City of Miami Beach through the Federal Highway Administration (FHWA) Local Agency Program (LAP). The preferred bridge typical section recommended is comprised of two 11-foot travel lanes (1 in each direction), one 11-foot exclusive northbound left turn lane, and 5-foot bicycle lanes and 10-foot sidewalks on each side of the approaching roadway as well as on the bridge. This new bridge crossing would improve mobility and connectivity within this area of Miami Beach by providing more direct routes for pedestrians, bicyclists, and vehicles between the neighborhoods of Sunset Harbor and West Avenue. In addition, a new passive park would be constructed southwest of the proposed bridge, further enhancing the local community values and standard of living. This PD&E Study also involved the development of mitigation alternatives for existing seagrass communities that would potentially be impacted by the new bridge, and substantial public involvement efforts with the City residents and stakeholders throughout the entirety of the project. Districtwide Complete Streets, Florida Department of Transportation, District 6. Project Manager for this task work order based contract for the analysis of arterial and collector roads for the design, construction or reconstruction, and operation of a context -sensitive, community oriented transportation network that works for all modes of travel and promotes economic development in Florida. This analysis will identify cost feasible complete street improvements and strategies within their respective corridors that improve safety, mobility and access, and quality of life for all users of the transportation system. Tasks have included miscellaneous professional engineering and planning services on an as needed basis to support the District, and a feasibility analysis of the area around S.R. S/U.S. 441 over the Snake Creek Canal, between NW 199th Street and NW 204th Street to thoroughly assess existing conditions for pedestrians and develop alternatives to improve overall non -motorized safety and mobility. Typical assignments include plans reviews, lane re -purposing and road -diet projects, and developing project scopes and estimates. GANNETT FLEMING 2-06 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS 13 GENE PERRY, CPP, PSP, PMP SMd PROJECT MANAGER /SECURITY TECHNICAL LEAD SUMMARY OF QUALIFICATIONS & EXPERIENCE Gene Perry, CPP, PSP, PMP, will serve as your Project Manager and Technical Lead, and he will be the overall primary point of contact. His experience managing projects and having completed more than 300 security vulnerability assessment projects, including vehicle barrier system basis of design will allow him to serve as an excellent and effective leader for the team. Gene is board certified in Security Management, Physical Security, and Project Management. With 30 years of experience, Gene regularly provides security and safety consulting services, including physical protective systems development, design and specification, implementation, policy development, and training; threat, vulnerability, and risk assessments; mitigation strategies; emergency response and continuity of operations plans; security planning guidelines; security investment prioritization; and security policy recommendations. Gene is a retired U.S. Army combat veteran with unique experience serving in the 1 st Special Forces Operational Detachment — Delta, holds an active Government security clearance, and is formally trained in antiterrorism measures and antiterrorism physical security design. RELEVANT WORK EXPERIENCE General Transportation Planning and Traffic Engineering Consultant Services, Assessment for Beachwalk Bollards, Miami Beach, FL, City of Miami Beach. Project Manager and Security Technical Lead Analyst for the completion of a Security Assessment and Security Basis of Design study to determine security vulnerabilities against hostile vehicles against patrons of the Beachwalk. The result of the project was a detailed report identifying hostile vehicle design basis threats (DBT) by type, vehicle size, and capability; a security vulnerability assessment against the identified DBTs, an evaluation of security effectiveness of existing vehicle barriers, and recommended security barrier mitigations or improvements to reduce vulnerability. The vulnerability assessment encompassed 87 city blocks and over 65 road intersections along a nine -mile expanse of the Miami Beach Beachwalk. The project included the identification of areas of vulnerability, characterization of relevant vehicle threats, determination of maximum impact velocities and angles, development of concepts to support mitigation schemes, interviews and discussion with internal stakeholders (i.e., City of Miami Beach Police Department, Fire Prevention Division, Property Management, Public Works Sanitation Division, Parks and Recreation, GANNETT FLEMING 2-07 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Beach Maintenance, and Tourism and Culture.) to gather information and confirm assumptions, constraints, and requirements; evaluation of vehicle traffic patterns on main thoroughfares and adjacent streets, including average vehicle sizes and types to determine potential DBTs, evaluation of pedestrian traffic patterns, including pedestrian access points, gathering areas, congestion periods, etc.; potential vehicle attack vectors from adjacent parking areas, and evaluation of key activities, events, and operational functions that could bleed over from major thoroughfares onto the Beachwalk, including times of operation, special events, public attractions, etc. The Security Basis of Design Document included: • Assumed performance specifications of the hostile vehicle mitigation strategies ( i.e., type, size, and velocity of the vehicles that will need to be stopped and mitigation measures • Conceptual sketch plans that would include placement recommendations of vehicle barrier systems and recommended types of barrier systems • Identification of streetscape solutions that combine form, function, and strength of vehicle barriers with blending in the environment at locations throughout the project limits • Descriptions of the evaluated access points and security vulnerabilities associated with their day-to-day activities • Identification of threats, vulnerabilities, consequences associated with a potential hostile vehicle attack • Documented observations of traffic and pedestrian movement patterns and requirements • A customer satisfaction evaluation provided by the City of Miami Beach resulted in an overall 5 out of 5 points for Technical Quality, Timeliness, Cost Effectiveness, Dependability/Reliability, Cooperation, and Communication. Hostile Mitigation Barriers, Miami Beach, FL, City of Miami Beach. Project Manager/Security Technical Lead Analyst for the completion of a 100 percent design for hostile vehicle mitigation barriers hostile vehicles at the City of Miami Beach Convention Center, Soundscape Park, and South Pointe Park. The project was completed in three phases, including a basis of design phase, 30 percent conceptual design phase, and a final design phase consisting of both 90 percent draft and 100 percent final designs. Led the development of the basis of design study and report which identified hostile vehicle DBTs by type, vehicle size, and capability; a security vulnerability assessment against the identified DBTs; an evaluation of security effectiveness of existing vehicle barriers; and recommended security barrier mitigations or improvements to reduce vulnerability. The project included the identification of areas of vulnerability, characterization of relevant vehicle threats, and determination of maximum impact velocities and angles; development of concepts to support mitigation schemes; interviews and discussion with internal stakeholders, including the City of Miami Beach Police Department, Property Management, Public Works, Parks and Recreation, and Sanitation to gather information and confirm assumptions, constraints, and requirements; evaluation of vehicle traffic patterns on main thoroughfares and adjacent streets, including average vehicle sizes and types to determine potential DBTs; evaluation of pedestrian traffic patterns, including pedestrian access points, gathering areas, and congestion periods; potential vehicle attack vectors from adjacent parking areas; and evaluation of key activities, events, and operational functions that could bleed over from major thoroughfares onto the Beachwalk, including times of operation, special events, and public attractions. The security basis of design document included assumed performance specifications of the hostile vehicle mitigation strategies, including type, size, and velocity of the vehicles that will need to be stopped and mitigation measures; conceptual sketch plans that would include placement recommendations of vehicle barrier systems and recommended types of barrier systems; identification of streetscape solutions that combine form, function, and strength of vehicle barriers with blending in the environment at locations throughout the project limits; descriptions of the evaluated access points and security vulnerabilities associated with their day-to-day activities; identification of threats, vulnerabilities, consequences associated with a potential hostile vehicle attack; and documented observations of traffic and pedestrian movement patterns and requirements. 0 GANNETT FLEMING 2-08 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS TIMOTHY C. CONNOR, PE, PTOE, ENV SP waa LEAD DESIGN MANAGER SUMMARY OF QUALIFICATIONS 5 EXPERIENCE Timothy Connor, PE, PTOE, will serve as Design Lead Manager for the project. Tim brings 29 years of experience in the design of perimeter security and circulation solutions including security gates, security fencing, pedestrian and vehicular access control points, automated vehicle gates and other geometric and circulation improvements to mitigate risk and threats. Tim has Anti -Terrorism project experience in the design development of numerous entry control facilities for military installations aimed at minimizing loss of life and preserving critical assets. He is well versed integrating multi -stakeholders needs into the project elements. RELEVANT WORK EXPERIENCE General Transportation Planning and Traffic Engineering Services - Beachwalk Bollards Assessment, Miami Beach, FL, City of Miami Beach. Gannett Fleming is providing professional engineering consulting services, on an as - needed basis, through a Master Services Agreement with the City of Miami Beach, Florida. For this assignment, our firm is providing services for the assessment of the Miami Beach Boardwalk's safe environment for the beachwalk patrons with the installation of hostile vehicle barriers on the beachwalk. Joint Base San Antonio (JBSA) Winans Road Entry Control Point (ECP), San Antonio, TX, Army Corps of Engineers, Fort Worth District. Assistant Project Manager providing anti -terrorism force protection support to the design team for the new Winans Road ECP at Fort Sam Houston, JBSA. This project provided a permanent ECP and security features to meet Department of Defense (DoD) standards. Indefinite-Delivery/Indefinite-Quantity Transportation Engineering Services, Hampton Roads, VA, U.S. Naval Facilities Engineering Command. Project Manager for multiple task orders providing multi -disciplinary design projects at various military installations. GANNETT FLEMING 2-09 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Independent Design Quality Management MD 32 Design -Build (D-B), Howard County, MD, Maryland Department of Transportation State Highway Administration. Project Manager of a multi -discipline team conducting independent reviews of all design elements to verify compliance with the contract plans, specifications, and requirements. Areas of review include geotechnical, structural design, shop drawings, roadway plans, and traffic engineering, including transportation management plan (TMP) and intelligent transportation systems (ITS). Responsibilities include signing and certifying that all submittals are in conformance with the contract requirements prior to construction Surface Parking Pavement Rehabilitation, Multiple locations in DC, MA, and VA, Washington Metropolitan Area Transit Authority (WMATA). Civil Task Manager leading design support in the development of construction documents for the repair of any deficiencies noted during the site investigation phase, maintenance of traffic (MOT) plan including signage, construction phasing plan and replacement of sidewalk & curb and pavement surfaces. This initial task has designated parking lots at 12 Metro stations in need of immediate attention to include parking lots, Bus Bay area and access roads needing some type of pavement rehabilitation. Fort Belvoir North Post Access Control Point, Baltimore, MD, U.S. Army Corps of Engineers, Baltimore District. Deputy Project Manager and Lead Civil Engineer for a new access control point and access road from U.S. Route 1 onto Fort Belvoir North Post, widening of U.S. Route 1, and the addition of a left -turn lane on U.S. Route 1. Tasks included the preparation of a preliminary project design services report with the preliminary design of the site, an area plan showing project features, probable utility connection points, a summary of environmental issues that would impact the cost of the project, a list of permits to be obtained, preliminary storm drainage and stormwater management design, a preliminary cost estimate, and any unusual requirements that could influence the project cost. On -Call General Architectural and Engineering Consultant Services, Design Support During Construction for Station Canopies, Various Locations in DC, MA, and VA, Washington Metropolitan Area Transit Authority (WMATA). Civil Task Manager leading design support in the development of staging, maintenance of traffic (MOT) and permitting for the addition of canopies over station entrance escalator wellways at multiple sites. On -Call General Architectural and Engineering Consultant Services, Design of Canopies at 11 Passenger Stations, Various Locations in DC, MA, and VA, Washington Metropolitan Area Transit Authority (WMATA). Civil Task Manager leading design support in the development of staging, maintenance of traffic (MOT) and permitting the final design for 11 new canopies for escalator wellways at station entrances. GANNETT FLEMING 2-10 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 EXPERIENCE & QUALIFICATIONS MCEWAN QA/QC VAN DER MANDELE, CPP SUMMARY OF QUALIFICATIONS & EXPERIENCE Quality Assurance/Quality Control: McEwan van der Mandele, CPP, PSP, will serve as Quality Assurance and Quality Control for the project. McEwan will oversee the project delivery and quality to ensure that security standards are met and that Gannett Fleming's ISO 9001:2015 standards and procedures are adhered to throughout the project. McEwan brings 38 years of experience as a subject matter expert in threat, vulnerability, and risk assessments, hazard analysis and security and safety mitigation strategies. McEwan holds an active Government security clearance. RELEVANT WORK EXPERIENCE Beachwalk Bollards Assessment, Miami Beach, FL, City of Miami Beach. Gannett Fleming is providing professional engineering consulting services, on an as - needed basis, through a Master Services Agreement with the City of Miami Beach, Florida. For this assignment, our firm is providing services for the assessment of the Miami Beach Boardwalk's safe environment for the beachwalk patrons with the installation of hostile vehicle barriers on the beachwalk. General Transportation Planning and Traffic Engineering Services, Miami Beach, FL, City of Miami Beach. Gannett Fleming is providing professional engineering consulting services, on an as - needed basis, through a Master Services Agreement with the City of Miami Beach, Florida. Our firm is providing general transportation planning and traffic engineering consulting services. Miami River -Miami Intermodal Center Capacity Improvement (MR-MICCI) Project, Miami, FL, Florida Department of Transportation, District 4. Safety and Security Technical Lead on the GEC design team for this commuter rail Miami River— Miami Intermodal Center Capacity Improvement (MR-MICCI) project that provided 1.5 miles of new track, signals upgrades, a new station, and a new double track bridge over a navigable waterway. Developed safety and security guidance and compliance documents and provided preliminary hazard analysis (PHA), operational hazard analysis (OHA), a draft certifiable items list (CIL), threat and vulnerability risk assessments (TVRA), and supporting safety documentation. GANNETT FLEMING 2 11 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Strategic Miami Area Rapid Transit (SMART) Plan, Miami, FL, Florida Department of Transportation, District 6. Security/Safety Lead for the multi -corridor study of three 10-to-20-mile corridors being advanced by the State and four additional corridors being managed by the County. The scope includes engineering, travel demand forecasting, and environmental studies; coordinating public involvement activities; managing budget and schedule on behalf of the Department; and quality management and conformance to program standards. General Transportation Planning and Traffic Engineering Services - General Engineering Consultant Multimodal 2016, Florida Department of Transportation, District 6 Gannett Fleming is providing the Florida Department of Transportation, District 6, with professional services on an as -needed work -order basis through a Master Services Agreement for a wide range of technical capabilities. Security Risk Assessment and Security Upgrade Study for the New Jersey Public Health Environmental and Agricultural Laboratories, Ewing Township, NJ, New Jersey Department of Treasury, Division of Property Management & Construction. Project Principal for the completion of a detailed security risk assessment as part of a contract with the New Jersey Department of Property Management and Construction to study the existing security systems and provide a plan to upgrade the current physical and electronic security systems. The risk assessment was accomplished using the Interagency Security Committee Risk Management Process methodology. The results of the report form the basis of design for potential risk mitigation strategies. Moores Station Quarry Restoration and Park Development, Hopewell Township, Mercer County, New Jersey, Mercer County Park Commission, NJ. Gannett Fleming, as a subconsultant to Simone Collins Landscape Architecture, is providing professional services to the Mercer County Park Commission by providing geotechnical, civil, geographic information system (GIS) services, and drone surveillance services for the Moores Station Quarry Restoration and Park Development, located in, Hopewell Township, Mercer County, New Jersey. Triangle Park — Design Services, Mulberry Commons Pedestrian Bridge and Platform Over Northeast Corridor at Newark Penn Station, City of Newark, NJ. Gannett Fleming, as a subconsultant to Sage and Coombe Architects, is providing professional design services to the City of Newark, New Jersey, for the Triangle Park Project, Mulberry Commons Phase 116. Our firm is providing the design and preparation of construction documents for a pedestrian bridge/platform to stabilize the McCarter Highway overpass, and converting it into a pedestrian landscaped park/plaza with a new bridge/platform. Asset Preservation and Preventive Maintenance of Tunnels, Washington DC, District Department of Transportation (DDOT). Gannett Fleming Engineers and Architects, PC, affiliated with Gannett Fleming, is providing professional services to District Department of Transportation (DDOT) by providing contract management and administrative -support services to DDOT tunnel management staff for the evaluation of the condition of all tunnel assets, located in Washington, DC. N GANNETT FLEMING 2-12 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS ALINA FERNANDEZ, PE !i.*M QA/QC SUMMARY OF QUALIFICATIONS & EXPERIENCE Alina Fernandez, PE, has served as a Drainage Engineer on more than eight projects in Florida. She has a deep understanding of Florida geography and stormwater requirements. In addition to more than 23 years of design and project management experience in transportation engineering, particularly in the design of highways, interchanges, and urban and rural roadways, Alina is also experienced coordinating permitting, design, and construction support services for various pump station and sanitary sewer collection system projects in Miami -Dade and Broward Counties, as well as a range of drainage design and stormwater modeling services the Department of Environmental Resources Management. Familiar with local infrastructure and regulatory requirements, she will provide responsive, compliant civil design services. RELEVANT WORK EXPERIENCE Miscellaneous Civil Engineering Services, Miami -Dade County, FL, Miami -Dade Park & Recreation Department. Project Engineer responsible for providing coordination, permitting, and design services and preparing construction documents for various park projects, including paving, grading, drainage, upgrades to signing and pavement markings, Americans with Disabilities Act (ADA) improvements, and design of new sanitary sewer collection systems and pump stations. Miscellaneous Drainage Design Services, Miami, FL, Miami -Dade Department of Environmental Resources Management. Project Engineer responsible for miscellaneous drainage design and stormwater modeling services, including the preparation of drainage improvement plans to correct drainage problems throughout unincorporated Miami -Dade County. Miscellaneous Schools, Miami -Dade and Broward Counties, FL, Miami -Dade County School Board/Broward County School Board. Project Engineer for the design and preparation of construction documents for various school projects, including water distribution systems, sanitary sewer collection systems, and pump stations. Also designed geometric layouts, paving, grading and drainage, pavement markings, and signage; performed shop drawing reviews and construction inspections; prepared cost estimates; and secured appropriate permitting. The schools included the Miami -Dade Community College (North and Interamerican Campuses), the Lake Forest Elementary School, and the Whiddon Rogers Educational Center. GANNETT FLEMING 2-13 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Miami Federal Courthouse, Miami, FL, U.S. General Services Administration. Project Engineer for the civil design services required for the proposed $105 million Miami Federal Courthouse. Work involved paving layout and design; drainage/site design; utility coordination; provisions for new water and sewer extensions; the preparation of a demolition plan; the closure of a street, which presently runs down the middle of the property; the abandonment of a 60-inch sewer force main; and coordination with a proposed Metrorail tunnel, which passes below the site. Civil Engineering Services for Northwest 33rd Street Roadway Improvements, Miami, FL, City of Miami. Project Manager for drainage and roadway improvements in a neighborhood extending from NW 17th Avenue to NW 14th Avenue and from NW 31 st Street to NW 36th Street. Roadway improvements included roadway reconstruction, widening, milling, resurfacing, and addition of parking lanes and tree islands. Other improvements included replacing damaged sidewalks, curb, and gutter; providing ADA compliant ramps; and upgrading existing signs and pavement markings. S.R. 994 Quail Roost Drive, Miami, FL, Florida Department of Transportation. Project Manager for this resurfacing, restoration, and rehabilitation project. The project scope includes pavement milling and resurfacing, Americans with Disabilities Act (ADA) improvements, a new signalized intersection at Southwest 200th Street, drainage improvements, lighting retrofit at the signalized intersections, signalization improvements, new signing and pavement markings, coordination with adjacent projects, and public involvement. S.R. 826 Palmetto Widening, Miami, FL, Florida Department of Transportation, District 6. Project Manager for this limited -access reconstruction project to relieve congestion on the S.R. 826 corridor, increase capacity, enhance safety and address existing operational, structural and functional deficiencies, while providing additional travel options. The improvements consist of the addition of express lanes, auxiliary lanes, reconstruction of the mainline, and improvements to two existing interchanges. The scope of the work included preparing roadway, structures (two bridges, retaining walls, noise walls) drainage, lighting, signalization, intelligent transportation systems (ITS), signing, and pavement marking designs; utility coordination; and public involvement. S.R. 874 Interchange at S.R. 968/Sunset Drive, General Engineering Consultant Contract A. Miami Dade County, FL, Miami Dade Expressway Authority. Project Manager for roadway, traffic control plan (TCP), signing and pavement marking design services. The scope of the project includes development of preliminary plans and construction documents for a new half diamond interchange adjacent to a CSX Transportation railroad track. Arterial improvements include widening and realignment of S.R. 968 and additional turn lanes to accommodate new traffic movements. S.R. 924/Gratigny Parkway Extension, General Engineering Consultant Contract A, Miami Dade County, FL, Miami Dade Expressway Authority. Project Engineer for roadway, traffic control plan (TCP), signing and pavement marking design services. The scope of the project includes development of preliminary plans and construction documents for the extension of S.R. 924 west to connect with Florida's Turnpike. E GANNETT FLEMING 2-14 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS SARAH FINLAYSON, PE PROJECT ENGINEER ALEJANDRO URIBE, PE ENGINEER MARTIN BENZAQUEN CONSTRUCTION SERVICES Sara is a Structural Engineer who is responsible for designing and analyzing a variety of structures, including bridges, buildings, waterfront, and utility structures. She has also worked as a Lead Bridge Inspector, responsible for organizing and inspecting bridges, writing reports, and load -rating bridges. Alejandro is a Senior Project Engineer on transportation projects including general engineering, roadway resurfacing, urban roadway reconstruction, new highway construction with major bridges, and limited -access freeway projects. His responsibilities include task management, geometric design, traffic design, temporary traffic control, design document preparation, and utility coordination. He has also served as plans reviewer and owner's representative for major transportation projects. Martin combines more than 20 years of experience representing agencies for Construction Management services such as Florida's Turnpike, Miami -Dade Expressway Authority, the Florida Department of Transportation (DA and 6), local counties and municipalities with a combined construction amount exceeding $350M. He has created solid relationships with the local clients, while delivering projects on time/budget. Martin was the Project Manager for the Wave Modern Streetcar in Fort Lauderdale, FL during the procurement phase. He led quarterly meetings with the FTA, while reporting on the $18M TIGER Grant. He reviewed all phases of the Small Starts Grant application and coordinated with the PMOC on all aspects of the project. Martin also was in close coordination with BCT in track, signals, stations, VMSF, etc. He has heavy rail construction experience in South Florida, including the Iris/Northwood connection and the Northern Layover Design Build project. In addition, Martin has provided constructability comments on the design/build package for the Golden Glades Interchange multimodal project. Overall, he has 20 years of experience leading CEI contracts in South Florida, most of them in Broward County. GANNETT FLEMING 2-15 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS BRIAN E. SHIFFLETT, RLA, LEED AP LANDSCAPE ARCHITECT RICHARD S. WORKMAN II, MPA, CPP, CHPA ANALYST JESSEECKENRODE GIS ARCHITECT Brian Shifflett, FLA, LEED AP, will serve as a Landscape Architect on this project. Brian brings 28 years of experience and is responsible for conceptual site designs, feasibility studies, and master planning for various projects, including commercial, housing, recreational, institutional, and mixed -use developments. He provides plan development, client coordination, and in-house coordination of projects through conceptual design, design development, and construction document phases. Scott Workman, CPP, CHPA has managed numerous multi -million dollar security contracts, and will use this management experience to serve as your primary point of contact, and provide oversight and leadership throughout the project to meet budget and schedule requirements. Scott is a retired U.S. Air Force Security Forces Officer and Commander. As the Chief of Force Protection and Anti -terrorism Officer for Al Udeid Air Base in Doha, Qatar he completed risk and vulnerability assessments of base facilities, off -base travel and instructed Anti -terrorism Level I. He also conducted threat, vulnerability, and risk assessments at healthcare system clients across the country using proprietary company procedures. As a Senior Security Manager Scott led preparations and security operations through multiple security and emergency management compliance inspections, surveys and assessments in the military and healthcare sectors. Analyst GIS Architect responsible for providing GIS services, including, but not limited to, GIS staff oversight, solution design, working with and creating custom data models, processing spatial data, field verification, and data conversion in compliance with client specifications and industry standards. K GANNETT FLEMING 2-16 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Austin Stumpf is a Geospatial Engineer with US Army experience at the tactical and operational levels. He has experience using ArcGIS to create and maintain Geospatial Data/Databases, Imagery Analysis, Terrain Analysis, Arc Server Management, and Geospatial Team Management. AUSTIN STUMPF GIS ARCHITECT 2.1.3 Compliance with Terms of the RFQ Our processes for Quality Management, Project Communication, and Project Risk Management will assure we complete this project effectively and with quality. Quality Management Throughout our history, Gannett Fleming has established a strong reputation for providing high quality services, by meeting our clients' budget, schedule requirements, and exceeding client expectations. At Gannett Fleming, we are serious about quality. Our Quality Management System (QMS) defines the processes we use to execute every project across the firm, regardless of scope or scale. We follow these processes from project development through project closeout and every step in between to deliver successful projects for our clients. But we don't stop there. Gannett Fleming's ISO 9001:2015 certification requires the Project Management Team to have oversight and supervision of this contract through QA/QC at every step of the project, to ensure all employees are functioning at acceptable levels of performance, performing their assignments related to each deliverable are completed in a timely manner and all reporting requirements are honored. Quality Assurance and Quality Control. CQI Program PEP ISO 9001:2015 Certified QUALITY PROGRAM Project Management & Quality Guidelines Corporate Quality Manual Quality Assurance includes internal quality audits of project activities to assess compliance with processes, standards, and procedures, and identifies processes that are ineffective and require improvement. Quality Control uses metrics to validate the quality of products and services and verify that approved changes have been applied to items previously found defective. Gannett Fleming will develop a deliverables log that identifies the deliverables specified in the scope of work. We will document deliverable review and sign -off as part of our project management procedures. Our Project Manager and task leads will review the schedule to identify upcoming deliverables that need to be reviewed, and report on them at monthly reviews to confirm a common understanding with the City. When such reviews reveal risks or issues, we will address them immediately and report them to the City as part of our project risk management processes. Our AJ GANNETT FLEMING 2-17 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS QA/QC process is consistent with the highest standards for Quality Management and will aid in assuring work progress is measurable and deliverables are achieved. We will develop all draft and final deliverables according to a five -step process: 1. All draft deliverables will go through an internal team QA/QC review. 2. The City will be presented with a copy of the draft deliverable for a review and comment period encompassing 10 business days to review and provide feedback. 3. All comments provided by the City will then be addressed by our Team and validated and/or discussed with the City before final edits are made to the deliverable. 4. The deliverables will then once again go through our internal QA/QC review process to ensure all comments have been appropriately addressed by the team in the final report version. 5. The final deliverable will be provided to the City for review, comment, and final acceptance. We propose 10 business days for the final review period. If further revisions are required after final review, we will repeat our QA/QC and review process until deliverables are accepted to the satisfaction of the City. We will employ systematic methods for providing the City the confidence that our products and services are of the highest quality. Gannett Fleming's QA/QC process requires the Project Management Team to have oversight and supervision of this contract to ensure all employees are: functioning within their designated labor categories/disciplines and at acceptable levels of our employees take ownership of Continuous Quality Improvement, asking themselves what they can do to contribute to Gannett Fleming's quality objectives and our company mission. ■ Our Mission: To Amaze our clients with responsiveness and innovation and become their trusted advisor. Project Communication The communications process needs to be efficient and effective to reduce obstacles in communication, avoid confusion, and to ensure the work proceeds along the critical path in an organized and productive manner. To ensure smooth, effective, and interactive communications, we will establish and maintain a web -based project management and communications system using Microsoft Teams. Microsoft Teams is a persistent collaboration platform complete with document sharing, project information exchange, meetings, scheduling, and other collaborative correspondence. It is secure, requiring permission to receive access and allows for creative decisions and communications. Within five (5) days of receiving a notice to proceed, we will establish a Teams environment for the Gannett Fleming Team and key stakeholders designated by the County. This list of members to the Team can be expanded and reduced as required, for the duration of the project. Our Teams Connected Group will be linked to an underlying Microsoft Share Point to provide redundant access to the Document Library for the project to ensure our team stays informed and connected with you for the duration of the project. GANNETT FLEMING 2-18 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Project Risk Management All projects contain risk regardless of size, type, staff experience level, etc. Risk can be defined as "the effect of uncertainty on objectives or outcomes". These effects can be negative (threats) or positive (opportunities). Management for control of risk has evolved into a core ingredient for Gannett Fleming's business performance and project success. Gannett Fleming has developed and adopted a Total Risk Management (TRM) program to be integrated into our standard project management practices. Through our internal TRM process, we will customize an appropriately scaled risk management approach for this project. Upon award, the Project Manager will develop a Risk Register and risk management will be incorporated into the Project Management Plan to document key risks and roles and responsibilities for their monitoring, control, and communication. Our risk management process will provide a collaborative environment between Gannett Fleming and the City of Miami Beach to control risk and yield benefits in many areas including: • Reduced scope creep. • Increased client satisfaction. • Improved budget / schedule control. • Better capture of opportunities within the project (positive risks). • More effective change management. • Risks shared proportionately across the project team. The Project Manager will review the Risk Management Plan regularly, at key milestones, to ensure risks are identified, controls are developed, and the Risk Register is updated. IDENTIFY PROJECT RISKS • Collaborate effort involving the project team • Analyze risks • Assign priority levels • Shortlist highest priority risks DEVELOP/UPDATE RISK REGISTER • Develop risk controls and mitigations • Assign detailed action to risk owners" PREPARE/UPDATE RISK ` REPEAT PROCESS MANAGEMENT PLAN • Update Register • Contained within . Update Risk the Project Management Plan Management Plan • Upon major scope • Summarize roles; changes or at key risk details: analysis: milestones monitoring and control GANNETT FLEMING 2-19 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Project Administration By partnering with the Gannett Fleming team, the City of Miami Beach will work with a responsive team led by a qualified Project Manager using proven management methods and tools to manage the project team, schedule, and budget effectively and efficiently for the project while delivering quality work that meets your objectives and minimize risks to your systems. The successful completion of this contract is dependent upon the skills of Technical Analysts and Project Management team supported by the City's project team. From the start, our key personnel will be available to provide leadership in directing the support staff to carry the project work. Our management technique is simple: continuous, hands-on coordination with the County's project personnel. The Project Manager will administer the project based upon standards developed and published under the Project Management Institute's (PMI) Project Management Body of Knowledge (PMBOK) and to provide our team with a structured set of tools, templates and practices to enable successful and timely solution delivery. The major processes outlined below are grouped into five workflows that organize the project management activities and deliverables in a structured, sequential and interactive manner to initiate, plan, execute, monitor, control, and close each phase and task of the project. Initiating— Includes the activities conducted at the beginning of the project and each subsequent phase or task to determine or reaffirm the management team and to document and approve the business criteria, scope, schedule, and strategy for the project. Planning — Develops and maintains a workable method for accomplishing the goals and objectives of each phase or task. This includes the activities conducted throughout the project that identify and reaffirm the processes, practices, procedures, resources, schedules and deliverables that are needed or expected for successful completion of the project. Executing — Includes the work activities performed by the Gannett Fleming Team to complete the deliverables needed to meet objectives according to the plan. This process also includes the activities to identify and report on the progress of the project. Monitoring and Controlling — Includes the activities conducted by the Project Management team to monitor the progress of planned and unplanned work and the corrective actions taken to avoid or resolve performance problems that may endanger the project. Closing — Includes the activities conducted at the end of each phase, task, and the project to transition resources to other duties and complete the project in an orderly manner. Monitoring Planning I Executing i Controlling GANNETT FLEMING 2-20 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Kickoff Meeting Our project team will work with the City to establish a date for this meeting within 10 business days of receiving a notice to proceed. During this meeting we will set project expectations and confirm your objectives and goals. The project kickoff meeting can be conducted virtually via Microsoft Teams, which we will host, or at a City of Miami Beach facility if preferred by the City. Miami Beach attendees at the kickoff meeting should include the Point of Contact (POC) and key representatives from the Facilities Management Department, and relevant internal and external stakeholders. Project Schedule and Management During the kickoff meeting, the schedule will be reviewed and confirmed with the City's project team. The project schedule will be the time map that the team will follow in performing this project work. Project budgets will be the measure of the level of effort performed. The schedule will be reviewed and updated as necessary after execution of the contract and prior to the start of the work on each task. Monthly Conference Calls We will host a monthly conference call meeting via Microsoft Teams between the City's Project Manager and our Project Team, according to the project schedule. This conference call be will used to review progress on all project tasks, and update the status (including closeout) of action items. Progress Meetings Our Project Manager will meet with the City's Project Manager to provide a report on project progress, including: • Work completed in the current invoicing period. • Work to be completed in the next invoicing period. • Outstanding issues requiring City input. • Identification of any new risks that may impact the budget or schedule. • Disposition of all permit applications, including those not yet applied for. • Project schedule, schedule performance, and/or variance analysis (if applicable) for any variance more than 10% behind schedule, including measures to be taken to return the project to the planned baseline for the critical path. A copy of the monthly progress report(s) will be provided with each month's invoice. 2.2 SIMILAR PROJECT EXPERIENCE The following projects represent the experience of our team with similiar projects to this proposed scope of work for the City. GANNETT FLEMING 2-21 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 ; EXPERIENCE & QUALIFICATIONS The project included the identification of areas of vulnerability, characterization of relevant vehicle threats, determination of maximum impact velocities and angles, development of concepts to support mitigation schemes, interviews and discussion with internal stakeholders (i.e., City of Miami Beach Police Department, Fire Prevention Division, Property Management, Public Works Sanitation Division, Parks and Recreation, Beach Maintenance, and Tourism and Culture.) to gather information and confirm assumptions, constraints, and requirements; evaluation of vehicle traffic patterns on main thoroughfares and adjacent streets, including average vehicle sizes and types to determine potential Design Basis Threats, evaluation of pedestrian traffic patterns, including pedestrian access points, gathering areas, congestion periods, etc.; potential vehicle attack vectors from adjacent parking areas, and evaluation of key activities, events, and operational functions that could bleed over from major thoroughfares onto the Beachwalk, including times of operation, special events, public attractions, etc. A customer satisfaction evaluation provided by the City of Miami Beach resulted in an overall 5 out of 5 points for Technical Quality, Timeliness, Cost Effectiveness, Dependability/ Reliability, Cooperation, and Communication. ► Vulnerability Assessment and Basis of Design. Successful completion of Phase One of the Beachwalk Protective Bollards Project. PROJECT SIMILARITIES Design Concepts. The Basis of Design included concepts to mitigate vulnerabilities while permitting access by public safety, City employees, and authorized vendors Stakeholder Engagement. Stakeholder engagement occurred throughout the project, including a site assessments workshops to solicit stakeholder input and to report findings. LAJ GANNETT FLEMING 2-22 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Vulnerability Assessment. Incorporated vehicle and pedestrian traffic patterns, emergency vehicle access requirements, key activities and operational functions, key significant public events, public property boundaries, and standoff constraints. PROJECT SIMILARITIES Vehicle Barriers Design Hostile vehicle mitigation barrier assessment for the City of Miami Beach Convention Center, Soundscape Park, and South Pointe Park. )letion of a 100 percent design at the City of Miami Beach and South Pointe Park. The �s, including a basis of the design n phase, and a final design phase id 100 percent final designs. basis of the design study and design basis threats (DBT) by :urity vulnerability assessment tion of security effectiveness of ended security barrier mitigations lity. The project included the characterization of relevant maximum impact velocities and Scope of Work. Completion of a security vulnerability assessment, basis of design, technical specifications, and cost estimates for suppliers; and complete design drawings for permits and construction procurement. GANNETT FLEMING 2-23 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 j EXPERIENCE & QUALIFICATIONS Gannett Fleming performed a vehicle barrier study for the Irvine Spectrum Center, which contains over 150 stores, movie theaters, and entertainment venues. This study included an analysis and report that covered the following items: threat definition, vulnerabilities, consequence analysis, roadways, pedestrian traffic patterns, and stand- off constraints. We reviewed potential mitigation strategies, analyzed the existing vehicular bollard conceptual plan, and provided recommendations to mitigate a vehicular threat. The report structured a Risk Analysis based on government and industry best practices and recommendations. The assessment included the existing conceptual design, identified bollard/barrier placement, and the type and any operational challenges for consideration. The facility known as the Irvine Spectrum Center is an outdoor shopping center and entertainment destination and was the focus of the study. The Irvine Center hosts many special events throughout the year and is host to more than 17 million visitors annually. ► Public Recreation and Tourism. Understanding of the various types of facilities within the Irvine Spectrum Center including over 150 stores, movie theaters, and entertainment venues PROJECT SIMILARITIES Vehicle Barrier Study. Vehicle Barrier study for an outdoor shopping center and entertainment destination. More than 17 million people visit the Irvine Spectrum Center annually. ► Vulnerability Assessment. Assessed the various types of events and visitors to each of the areas and assessed the policies relevant to vehicle threats. GANNETT FLEMING 2-24 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Gannett Fleming has worked with the California Department of Water Resources (DWR) since 2013, performing on a variety of task orders supporting security, compliance, and emergency management - related work for all five field divisions of the State Water Project. Through this work, we have supported the Division of Operations and Maintenance and the Security and Emergency Management team and worked with external stakeholders, including the California Governor's Office of Emergency Services (CalOES), the Federal Energy Regulatory Commission (FERC), and the Division of Safety of Dams (DSOD). As part of this project in 2018, we performed a vulnerability assessment and technical performance for vehicle barriers to deter, delay, and deny vehicle -borne threats to a high hazard dam, canals, roadways, and bridges. The assessment culminated in the delivery of a written report, informing the identification of vehicle -borne design basis threats to the john.i-izzardo@water.ca.gov protected assets; an evaluation of performance requirements for vehicle barriers to physically protect against the vehicle -borne design basis threat; and a listing of vehicle -barrier types, which met the technical performance requirements needed to protect the assets. Our work also included conducting research and support activities in building security policies, plans, and instructions to assist in the development and management of a Department -wide Security Program. Scope of Work. Providing vulnerability and technical performance assessment for vehicle barriers to deter, delay and deny vehicle -borne threats to critical infrastructure. PROJECT SIMILARITIES ► Design Basis Threats. On - site assessments to identify vulnerabilities to design basis threats and mitigation options to protect critial assets. Policy, Plans and Instructions. Development of policies, plans, and instructions to support their Security and Emergency Management Program. GANNETT FLEMING 2-25 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS Downtown Miami Wayfinding Program, Miami Downtown Development Authority (DDA) 19 S Gannett Fleming provided services for the development and implementation of a comprehensive downtown wayfinding program for the Miami Downtown Development Authority (DDA). The purpose was to enhance the success and marketing potential for the arts, entertainment, historic preservation, and economic growth in downtown Miami. The project aim was to develop a comprehensive signage system that facilitated wayfinding throughout Downtown, while enhancing the sense of direction and evoking imagery. The wayfinding signage system addressed the needs of visitors and locals using all modes of transportation. Street level vitality, legibility, safety, maintenance and replacement costs were all major concerns of the Miami Downtown Development Authority in creating an informational signage and wayfinding system that was both direct and friendly. GANNETT FLEMING 2-26 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 2 1 EXPERIENCE & QUALIFICATIONS 2.2.2 Relevant Team Experience Our multidisciplinary team brings international, national, and local experience in the wide variety of services to be provided under this contract. The table below illustrates the specializations of our personnel in comparison to the scope of work for the project. Resumes of key team personnel follow.. Experience Providing Similar Scope of Services o C ED O m C p L C O1 is N v dr V V N Y V L - V 0 i V C VI PERSONNEL M g o v E a° ° C 0 v Y .� a a, a` -0' �, O C v Lro V a1 .Cn W Y C O Ja T _= 'a °N E C L V ._ C M Q, 0 0) U C O V t �n ,� rl Y Q Ol 'i0 .0 fo C W3. —0,j N N 0 'N -0 a/ E C 'E_ O O O «. O "O a m > via ut O H w V V a 2 a a w V Q GANNETT FLEMING Nelson Mora, PE Gene Perry, CPP, PSP, PMP Tim Connor, PE, PTOE McEwan van der Mandele, CPP, PSP Alina Fernandez, PE Sara Finlayson, PE Alejandro Uribe, PE, ENV SP Martin Benzaquen, PE, ENV SP Brian Shifflett, RLA, LEED AP Scott Workman, CPP Jesse Eckenrode Austin Stumpf 2.3 RELEVANT EXPERIENCE OF SUBCONSULTANT(S)/SUBCONTRACTORSISI Gannett Fleming does not anticipate including Subconsultant(s)/Subcontractor(s) for this project GANNETT FLEMING 2-27 -1 Ir 'oo k.N DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY TAB 3 APPROACH & METHODOLOGY Our proposed approach and methodology to accomplish the scope of work for this project is the same that assured the successful delivery of our previous projects, including the completed 100% Hostile Vehicle Mitigation Barriers for the City of Miami Beach Convention Center, Soundscape Park, and South Pointe Park. Our design for the Beachwalk barriers will continue to be centered around vulnerability against design basis threats to drive our development of strategic security solutions, technical/performance specifications, and selection of products. DESIGN BASIS THREAT A Design Basis Threat (DBT) approach is the basis against which physical protection system(s) are designed and evaluated based on the attributes and characteristics of potential adversaries. The basis of design takes into consideration existing security measures and security best practices to identify threats and system vulnerabilities. This is best done by using a design basis threat methodology that provides a basis of design for the purpose of the security measures to be applied. This design basis threat approach ensures that security measures will perform in an intended manner to protect against those threats, and to provide a secure operating environment. During Phase One, the City provided concerns where vehicles may be used to ram or attack crowds of innocent bystanders and how to best safeguard the Beachwalk and therefore has identified the threats to be mitigated. Gannett Fleming will build on the most exposed and vulnerable areas for a hostile vehicle attack and recommend effective barriers while being aesthetically sensitive to the surrounding urban streetscapes. We will assess the existing security conditions at the City's public areas and recommend suitable replacements that are functional and aesthetically pleasing. APPROACH Establishing Security Criteria Gannett Fleming's approach to all security and safety projects is established based upon our client's security criteria that governs the application of their physical protection systems and our understanding of requirements, standards, and industry best practices. The security criteria is thus based upon and considers the following: 1. The mission and values of the organization. GANNETT FLEMING 3-01 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY 2. Regulatory, legal, policy, and adopted standard requirements to safeguard people, property, and facilities. 3. Organizational assumptions and constraints. 4. Identified risks based upon threat, vulnerability, and consequences of undesirable events. 5. Goals and objectives to manage risks through avoidance, transfer, reduction/mitigation, spreading, and/or acceptance. 6. Strategies, including technical and performance specifications of people, processes, and equipment or technology to manage risks. Development of Design Basis Threats Establishing the basis of design for potential risk mitigation strategies takes into consideration local conditions, authorized vehicle access and incorporation of restrictions, existing security measures, along with security best practices to identify threats and site vulnerabilities. This is best done by using a Design Basis Threat (DBT) methodology where a profile of the type, composition, and capabilities of an adversary that might attempt a malicious act are defined, and against which a physical protection system is designed and evaluated. This DBT approach ensures that the associated security measures will perform in the intended manner to protect against those threats, and to provide a secure operating environment. The worst reasonable threat determination for each site is then developed through the evaluation of existing site conditions, identification of the most exposed and vulnerable areas for hostile vehicle attack, existing in -place mitigation measures, authorized vehicle access locations, vehicle avenues of approach, trajectories and speed, and the size of potential threat vehicles based upon gross vehicle weight rating (GVWR). Site Vulnerability Assessments Vulnerability assessment is the evaluation of accessibility by potential threats, recognizability of critical assets, elements of construction that can be compromised or exploited by an aggressor, and the effectiveness of physical protection systems to detect, delay, assess, communicate, and respond to events. During this assessment, we inventory and characterize potentially targeted assets and annotate the existence and condition of existing protective measures and procedures. We then analyze the effectiveness of these security measures against the identified DBTs. Each of these elements of vulnerability may be evaluated according to variety of industry -accepted methods, including but not limited to fault -tree analysis, logic diagrams, Monte Carlo simulations, direct expert elicitation, and adversary path analysis. Our recommended approach to analyze vulnerability from vehicular threats is adversary path analysis and direct expert elicitation. Systematic Identification of Possible Adversary Paths Adversary path analysis is a time -ordered sequence of tasks necessary to complete a malicious act. It considers the motivation, capabilities, and opportunities of hostile vehicles and the reasonable potential for a vehicle to be able to reach its intended target and result in a significant consequence, based on its size. The adversary path analysis then considers the reasonable speeds that a vehicle may reach, based on its size and acceleration to its intended target and the amount of kinetic energy the vehicle may deliver. GANNETT FLEMING 3-02 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY Creating Technical/Performance Specifications of Hostile Mitigation Barriers Technical/performance specification ratings are determined by three basic factors: • The weight of the vehicle, • The speed at which the vehicle is traveling, • Distance a vehicle continues to travel after impacting a barrier. Using these factors, technical specifications for vehicle barriers are developed based upon the kinetic energy that is likely to be produced by a threat vehicle and according to ratings of vehicle barriers developed by the Department of State (DOS) and/or the American Society for Testing and Materials (ASTM). 50 miles per hour (mph) (80 kilometers per hour (kph)) K12 40 mph (65 kph) K8 30 mph (50 kph) ImpactNominal 50 mph (80 kph) K4 M50 40 mph (65 kph) M40 30 mph (50 kph) Penetration Distance <= 3.3 ft (1 m) M30 ASTM Penetration Designation P1 3.3 ft to 23.1 ft (1.01 m to 7m) P2 23.1 ft to 98.4 ft (7.01 m to 30m) P3 98.4 ft (30m) or greater P4 Developing Strategic Security Solutions and Product Selection In designing and applying measures to mitigate against the risk of vehicle ramming attacks, it is important to balance the security requirements with the operational and functional needs associated with the typical user of the facility or venue. As a result, a mitigation strategy cannot be a one -size -fits -all approach, and instead must be tailored to the specific physical constraints and functional demands of a given location. Design concepts are developed by the placement of barriers to affect one or more of the factors of a DBTs capability or an identified vulnerability. This includes: 1. Placement of vehicle barriers to reduce the achievable speed of the DBT, 2. Placement of vehicle barriers to reduce or limit the accessibility of the DBT, 3. Selection and placement of barriers with specifications capable of absorbing the kinetic impact of the DBT, 4. Selection of hostile vehicle barriers capable to reasonably disable a hostile vehicle to the extent that it cannot reasonably reach its intended target after penetration through a barrier. Vehicle barrier products are then selected that best meet these strategic security solutions and considering the technical/ performance requirements needed to reduce vulnerability. Upon selection of security solutions and treatments, aesthetic considerations are incorporated to conform to the existing environment. GANNETT FLEMING 3-03 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY Project Cost and Schedule Estimating Gannett Fleming uses a number of references to develop opinions of probable costs and cost estimates. These references include: 1. The Crash -Tested and Engineered Active Vehicle Barrier Selection Tool, developed by the Department of Defense's Combating Terrorism Technical Support Office (CTTSO), the U.S. Army's Transportation Safety Working Group (TSWG), and the Department of State. 2. Direct contact to manufacturers and vendors of barriers that meet the technical/performance specifications needed to satisfy the strategic security solutions developed in the design. There are several ways to estimate additional costs and schedules for materials, labor, and equipment including RSMeans Construction Cost Estimating, Class C Cost Estimating, and U.S. Army Corps of Engineers cost estimating platforms. Gannett Fleming also has in-house Cost Estimators that are available as needed. Our estimates also include type forms for construction cost estimates and estimated costs for additional or upgraded devices, hardware and other components including general estimates for infrastructure. Material Labor Equipment Cost Labor rates for the City of Miami Beach area for the State of Florida prevailing wage rates will be used; all other add-ons such as mobilization, permits, insurances, etc. will be estimated along with adding a contingency. Construction Administration Services Gannett Fleming will support vehicle barrier implementation and construction administration, including the following tasks: • Utilize the Scopes of Work and Designs to create the Requests for Proposal or Invitation to Bid and all other associated procurement documentation to solicit a contractor/vendor for the installation of the physical protection systems or components, or to provide security officer services. • Review bid package components against basis of design, design elements, specification, phasing/schedules, and scope. • Source selection support, including criteria for evaluation of bids. • Vendor pre -qualification consulting support (interviews and due diligence). • During the Bid and Construction Phase, Gannett Fleming will review and provide responses to submitted questions/ requests for information (RFIs) that pertain to the design during the bidding process and during the construction. • If clarifications, correction of errors, and/or additional information due to omissions is required, Gannett Fleming shall prepare the necessary documents; to include, but not limited to, corrections to the contract drawings and specifications, additional details on the contract drawings and/or new supplemental contract drawings, and additional technical specifications. GANNETT FLEMING 3-04 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY In this effort Gannett Fleming will not receive or respond to any direct inquiries from bidders or the contract awarded Contractor. Requests for information could include questions and clarifications requested by the construction oversight personnel of the City of Miami Beach for design interpretations. • Gannett Fleming can provide an owner representative to support the City of Miami Beach during construction on an as - needed basis. • Installation inspections during construction for specification compliance. • Commissioning inspections for installed vehicle barriers and components. • Problem resolution inspections/verifications (e.g., review punch lists and verify completion according to technical requirements). • Final acceptance testing criteria and recommendations for acceptance of completed vehicle barrier construction projects. METHODOLOGY Gannett Fleming proposes to complete this project as a continuation of our work completed during Phase One of the Beachwalk Protective Bollards Project. Following is our methodology used on our vehicle barrier vulnerability assessment, basis of design, and design projects. This same methodology was used with great success during our previous vehicle barrier projects for the City of Miami Beach. Our Phase Two methodology is the same as that used for the successful completion of the hostile vehicle barriers for the City of Miami Beach Convention Center, Soundscape Park, and South Pointe Park. Project Understanding Identify the most exposed and vulnerable areas for a hostile vehicle attack and recommend effective barriers while being aesthetically sensitive to the surrounding urban streetscapes. Assess the existing security conditions at the City of Miami Beach public areas along the Beachwalk and recommend suitable replacements that are functional and aesthetically pleasing. Project Management Project Management consists of all project management and coordination duties, including coordination of different design disciplines, integration of design tasks, and status meetings/phone calls as follows: • Project kickoff meeting (internal), • Project kickoff meeting (City) including preparation and minutes, • Monthly status meetings, • Coordination meetings with City, • Perform QA/QC prior to each submittal, • Project closeout meeting, • Meetings specific to other tasks within this scope are included in those tasks. Internal, and client meetings, communication and coordination will be conducted as required to review the current project process and discuss upcoming schedules, submissions, and events. Gannett Fleming will provide the administrative services necessary for the project to ensure proper billing procedures are followed and that procedures for project submissions are properly followed. GANNETT FLEMING 3-05 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY Phase One: Assessment and Basis of Design Gannett Fleming completed Phase One of the City of Miami Beach Beachwalk Protective Bollards Project according to the following table that reflects the scope and major elements of the phase: Establishing security criteria Development of Design Basis Threats Site vulnerability assessments Systematic identification of possible adversary paths Creating technical/performance specifications of hostile mitigation barriers strategic security solutions Phase One - Task 1: Assessment and Analysis Task 1 Assessment and Analysis Task 2 Basis of Design Deliverables Site Assessment and Basis of Design Report During this phase Gannett Fleming became familiar with the road system and context surrounding the project area including Atlantic Way and the Miami Beach Boardwalk continuously between South Pointe Park to the south and 87th Terrace to the north. This included approximately 62 points of access onto the Beachwalk. The data collected and analyzed during the assessment supported the basis of design development for the next phase of the project. The objectives of this phase are: • Identification of areas of vulnerability • Characterization of relevant vehicle threats • Determination of maximum impact velocities and angles • Development of initial concepts to support mitigation schemes. Gannett Fleming performed site assessments to obtain a better understanding and awareness of the activities that are carried out in the project area, including: • Provide in -brief and out -brief for site assessment activity • Interview and discussion with internal stakeholders (i.e. police department, fire department, property management, public works, parks and recreation, sanitation, etc.) • Identify constraints (physical and community based) and local access needs at locations • Vehicle traffic patterns on main thoroughfares and adjacent streets, including average vehicle sizes and type. (determination of threat vehicle) • Pedestrian traffic patterns, including pedestrian access points, gathering areas, congestion periods, etc. • Identification of potential vehicle attack vectors from adjacent parking areas • Key activities, events, and operational functions that could bleed over from major thoroughfares onto the Beachwalk, including times of operation, special events, public attractions, etc. GANNETT FLEMING 3-06 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY Phase One - Task 2: Basis of Design Gannett Fleming utilized the data collected from the site assessment to inform the creation of the basis of design. The purpose of this task was to provide the City of Miami Beach with a Basis of Design document that the City used to obtain stakeholder approval. The Basis of Design document records the thought processes and assumptions behind major design decisions being made to meet the Owner's Project Requirements (OPR). The OPR is intended to capture "what" the Institution and User need and expect from the project. The objective of this phase is: • Obtaining a City and stakeholder approved design approach that can proceed to design development. MIA141 BEACH BOARDWALK MITIGATION PROJECT Gannett Fleming then developed the Basis of Design document that identified the anticipated performance specifications later supported by the analysis. This document included security engineering principles that provided the background and justification for the recommendations that will be designed. The content of the Basis of Design document included: • Assumed Performance specifications of the hostile vehicle mitigation strategies ( i.e., type, size, and velocity of the vehicles that will need to be stopped and mitigation measures. • Conceptual sketches and placement recommendations of vehicle barrier systems and recommended types of barrier systems. • Possible streetscape solutions that combine form, function, and strength of vehicle barriers with blending in the environment at locations throughout the project limits. • Other site data available for use in site analysis. • Understanding the sites and the various risks associated with their day-to-day activities. • Threats, vulnerabilities, consequence associated with a potential hostile vehicle attack. • Observations of traffic and pedestrian movement patterns and requirements. Upon completion of this task, Gannett Fleming finalized the Basis of Design document to include City of Miami Beach comments and revisions. The completion of this deliverable has successfully set the stage to allow for conceptual plans and 30% design drawings to begin. GANNETT FLEMING 3-07 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY Phases Two Through Four: Beachwalk Protective Bollards Consulting Services Once selected and retained by the City of Miami Beach and upon receiving a Notice to Proceed we will continue our methodology for the completion of the phases to design the City of Miami Beach Beachwalk Hostile Mitigation Barriers and provide Construction Phase Services with the same quality and care we provided to successfully deliver Phase One of this project. The following table reflects the scope and major elements that we propose to provide along with their associated phases and tasks: Development of concept mitigation schemes Production of technical specifications documents for barrier suppliers Production of drawings as required for permits from Authorities Having Jurisdiction Review of product supplier/contractor submittals Response to technical RFls during installation Task 1 Analysis & Conceptual Designs Task 2 30% Plans Development Task 1 - 90% Design (DRAFT Final Plans for Permits) Task 2 - 100% Design (Final Plans/Permitted Package Review of product supplier/contractor submittals Responses to technical RFls during construction/installation Phase Two - Task 1: Analysis and Conceptual Designs Gannett Fleming will analyze the data collected from the site assessments and the assumptions prepared in the basis of design coordinated with the Phase 1 conceptual sketch design recommendations. The various analyses may include but are not limited to: • Calculations of the maximum impact velocities and angles from adjacent roads and parking areas, associated with facilities and pedestrian movement patterns along walkway, adjacent open spaces, and vehicular avenues of approach. • Assessment and analysis of the area using Crime Prevention Through Environmental Design (CPTED) principles for natural access control, natural surveillance, territoriality, and maintenance. • Defining the performance specifications of the hostile vehicle mitigation strategies ( i.e., type, size, and velocity of the vehicles that will need to be stopped and mitigation measures. • Refinement of Conceptual design that would include placement recommendations of vehicle barrier systems and recommended types of barrier systems. • Recommended streetscape solutions that combine form, function, and strength of vehicle barriers with blending in the environment at the venues included in this project. • Visualization in the form of 3-Dimensional renderings portraying each proposed conceptual design and recommended streetscape solutions from at least two (2) different perspectives (views). GANNETT FLEMING 3-08 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY We will plan and facilitate a in -person Design Charette with City of Miami Beach Stakeholders during this task to develop conceptual mitigation schemes. This effort will provide stakeholders the ability to provide design input to the mitigation scheme development, while providing designers the ability to capture acceptable treatment options to be incorporated within the 30% design. The Design Charette will consist of an in -person workshop to review the Basis of Design, site visits to select street -end intersections of the Beachwalk to discuss conceptual mitigation schemes, and an out -brief workshop to confirm expectations of design concepts. Outcomes or milestones from this task include: • Concept Sketch Design: 2 options will be developed • Renderings: 4- 3D Renderings will be developed to illustrate the design concepts • Listing of Mitigation Treatment Options. Phase Two - Task 2: 30% Plans Development Gannett Fleming will develop 30% Plans utilizing the Basis of Design elements to provide the City a depiction of recommended treatments and mitigation measure placement. The effort involved within this task includes: • Developing an existing condition plan by tracing the existing topography from as -built drawings/Aerial photo/GIS depending on the availability. Gannett Fleming will collect and review all existing information including available as- builts, GIS data, electronic CAD files and other information provided by the City. • Plan development illustrating the recommended placement and type of mitigation treatments. • Developing initial site details illustrating the barriers and/or streetscape solutions. • Formulating the design package specifications. • Begin the development of a rough order of magnitude construction cost estimates and permit fees. • Develop listing of applicable permits needed for design approval and construction. • Initiate permit applications through coordination with the City. Attending a comment review meeting to discuss and resolve City comments prior to the next phase of design. Phase Three: Final Design and Technical Specification Development During this phase, Gannett Fleming will consolidate the feedback from the Basis of Design and stakeholder outreach activities completed by the City and incorporate them into 100% construction drawings which will support the City's contracting activities for the installation of the mitigation treatments. Gannett Fleming will work with product manufacturers to provide the technical specifications and associated drawings for the barrier designs that have been approved by the City and its departments/authorities having jurisdiction. The objective of this phase is: Finalize 100% permitted plans to be used by the City to develop its procurement package for a contractor/vendor to perform the installation of the barrier systems within the project area. Phase Three - Task 1: 90% Design (DRAFT Final Plans for Permits) This task includes the following areas of effort: • Address 30% comments and perform 90% design development • Update title sheet and project general note and site -specific construction notes sheet • Refine site details of proposed treatments KAj GANNETT FLEMING 3-09 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F813C63F07 TAB 3 1 APPROACH & METHODOLOGY • Refine construction cost estimate for site elements and proposed project elements • Develop technical specification documents for barrier suppliers and other project elements needed for the final construction/installation. Gannett Fleming will incorporate any applicable City's standard specifications into this document • Determine status of permits and obtain necessary approvals for 100% design • Prepare 90% submission package for submittal and City, and its departments having jurisdiction, to review • Attend comment review meeting (Virtual) on comments received and clarifications • Update Basis of Design document to reflect the 90% design comments and thus Final design • Provide public outreach material to the City (design plans, 3D renderings). Phase Three - Task 2: 100% Design (Final Plans/Permitted Package) Task effort to finalize drawings as required for permits from City Departments/Authorities Having Jurisdiction will include: • Address 90% comments and perform 100% design • Finalize construction cost estimate for site elements • Finalize technical specifications • Submit revised documents one last time to City and its departments/authorities having jurisdiction to obtain final permits • Prepare and assist with submitting100% Permitted Package. Deliverables The 100% Permitted Package (approved specifications documents and finalized drawings) will then be delivered to the City, suitable for inclusion in contracting packages for solicitation to contractors/vendors. Phase Four: Bid and Construction Phase Services After obtaining applicable permits and preparing the 100% construction documents, the City will utilize the documents and drawings to create the Request for Proposal and all other associated procurement documentation to solicit a contractor/ vendor for the installation of the barriers. During the Bid and Construction Phase, Gannett Fleming will review and provide responses to submitted questions/request for information (RFIs) that pertain to the design during the bidding process and during the construction. If clarifications, correction of errors, and/or additional information due to omissions is required, Gannett Fleming shall prepare the necessary documents; to include, but not limited to, corrections to the contract drawings and specifications, additional details on the contract drawings and/or new supplemental contract drawings, and additional technical specifications. Gannett Fleming will not receive or respond to any direct inquiries from bidders or the contract awarded Contractor. Requests for information could include questions and clarifications requested by the construction oversight personnel of the City of Miami Beach for design interpretations. If needed Gannett Fleming can provide an owner representative to support the City during construction on an as -needed basis. As requested for this Phase of the project services, we have applied a Not -to -Exceed cost within the proposal. Gannett Fleming will provide a detailed list of the work items and effort per individual task with the associated contract labor categories for each invoice period. GANNETT FLEMING 3-10 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 TAB 3 1 APPROACH & METHODOLOGY Exclusions 1. No formal traffic analysis will be performed in the event Gannett Fleming recommends street redirection/circulation changes, or no traffic signal design associated with intersection revisions. 2. No traffic data collection is included. Any traffic data needed to perform assessments and analysis will be provided or obtained by the City. 3. No formal survey will be performed. Base plans will be developed by tracing the existing topography from as -built drawings (to be provided by the City)/Aerial photography/GIS depending on the availability. 4. Threat vehicle for use in the maximum impact velocity computation will be provided by the City/Fire Department or Gannett Fleming will assume a design vehicle based on other experience (15,000 lbs. medium truck scenario will be assumed). 5. Permit requirements will be provided by the City in coordination with its department/authorities having jurisdiction. 6. Division 0 and 1 specification will be provided by the City for inclusion in the permitted package. 7. Geotechnical data collection for structural computations not included. Geotechnical data will be provided or obtained by the City. No borings to be performed by Gannett Fleming as part of this scope of work. 8. Existing underground utilities data collection not included. Utility data will be provided or obtained by the City and final utility clearance will be the responsibility of the contractor during construction. 9. All work is assumed to be within City right-of-way. Permit requirements and approval is expected to be provided by the City and its department/authorities having jurisdiction. Permit work included under this scope is related to the production of documents necessary for obtaining City required permits. No work related to permits required by jurisdictions other than the City are included in this scope. Assumptions 1. Gannett Fleming will include performance specifications for barrier systems and other mitigation elements. 2. Video/camera detection are not part of this project. 3. Streetscape/art will be provided by product manufacturer. 4. City will assist with as -built drawings (to be provided by the City)/Aerial photography/GIS, and existing utility data depending on the availability. 5. Geotechnical borings/test pits will be included in the Construction Estimate with the widening of an existing roadway bridge. GANNETT FLEMING 3-11 "f. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 FEBRUARY 20,2023 K�� GANNETT -d FLEMING EXCEPTIONS TO SOLICITATION As outlined in Section 13. Exceptions to Solicitation, of the City of Miami Beach Formal Solicitations Terms and Conditions — Goods & Services, the following are our exceptions and offered alternatives to the Sample Contract. Gannett Fleming is willing to discuss these matters in more detail to help facilitate an alignment of exceptions and offered alternatives with the City of Miami Beach. ARTICLE 2. BASIC SERVICES 2.4 The Consultant waffaMtS amel represents to the City that all of the Services required under this Agreement shall be performed in accordance with the common-law established standard of care for engineering design professionals, which is that degree of care, skill and diligence ordinarily exercised by members of the same profession currently practicing under similar conditions at the same time and locality of the Services ("Standard of Care") 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) . to the extent consistent with the Standard of Care. eenstrueted as required by the Cantfaet Doetiments, will be fully fumetiamal, suitable suffieiemt for its intended purposes. 2.10 To the extent consistent with the Standard of Care, tT-he Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all Services required under the Agreement and under any Consultant Service Orders (including the services performed by Subconsultants), within the specified time period and specified cost. The Consultant shall perform the Services utilizing the Standard of Care regarding skill, knowledge, and judgment ordinarily possessedandused by a pre#itiemt consultants in the applicable with respeet 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 to the extent caused by the Consultant's Deficient Services (as defined in Section 2.9), or by breaches of this Agreement.e+ymegligemt Such damages may include the costs incurred by the City for the w4h Fespeetto replacement or repair of any defective, insufficient or non -conforming construction Work (herein "Deficient A-01 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 Construction Work"), but only when and to the extent that the Deficient Construction Work directly resulted solely from the Consultant's Deficient Services. Such Consultant liability shall exist until (i) twelve (12) months following final acceptance of the Work, or (ii) the applicable statute of limitations period, whichever is later. 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 Deficient Sservices The Project Administrator shall notify the Consultant, in writing, of any Deficient Sservices and shall approve the method and timing of the corrections. 2.10.1 The Consultant shall be responsible for its own Deficient Services , `efeet*ve sery --- and for amy restiltimg men comforming, imsufficiemt, amelior defeetive Deficient Ceonstruction Wwork that directly resulted solely from Consultant's Deficient Services, when the Deficient Construction Work is re -performed within twelve (12) months following final acceptance of the Work. per4errnante, repair amd replacermemt for twelve (412) m9eaiths fromg tHe date of initial re per4orm9amee, not to exceed ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST There are multiple areas of concern outlined within Article 4. Since Consultant is not establishing the City's budget for construction costs, it cannot guarantee that that the Project can be successfully completed within that budget. It can only attempt to design the Project as cost -efficiently as possible, subject to the Standard of Care. Gannett Fleming is willing to discuss this matter in more detail to help facilitate an alignment of the design with the budget. 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, designated 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 To the fullest extent permitted by Section 725.08. Florida Statutes, Tthe Consultant shall pay all claims and losses in connection therewith and shall investigate 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, when obligated to do so in accordance with the above paragraph. 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 a 44efertcl-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 or portion of claims to the extent that they which stay 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 Contsultant, 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). GANNETT FLEMING A-02 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 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 art negligent act, error, or 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 negligenceerrer. The damages to the City for negligent acts, errors, or omissions or any combinations thereof shall be calculated as the tote' cost of any damages or incremental costs to the City to the extent resulting out of the negligent acts, errors or omissions by the Consultant, ' Damages shall include delay damages caused by the negligent act, error, or omission, or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of negligent acts, errors, or omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the Project Administrator. T-kte 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 GANNETT FLEMING A-03 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 BID SUBMITTAL QUESTIONNAIRE SECTION 1 — BID CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: BID NUMBER I PROJECT TITLE BIDDER'S NAME: Gannett Fleming, Inc. NO. OF YEARS IN BUSINESS: 108 NO. OF YEARS IN BUSINESS LOCALLY 34 NO. OF EMPLOYEES. 2714 OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: BIDDER PRIMARY ADDRESS (HEADQUARTERS). 207 Senate Avenue CITY: Camp Hill STATE: PA ZIP CODE: 17011 TELEPHONE NO.. 717.763.7211 TOLL FREE NO.. 800.233.1055 FAX NO. 717.763.8150 BIDDER LOCAL ADDRESS: 800 NW 62nd Avenue, Suite 490 CITY: Miami STATE. FL ZIP COCE. 33126 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Gene Perry ACCOUNT REP TELEPHONE NO.: 717A86.5279 ACCOUNT REP TOLL FREE NO.. 800.233.1055 ACCOUNT REP EMAIL. gperryOgfnet.com FEDERAL TAX IDENTIFICATION NO.: 25-1613591 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document referenced in the solicitation c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) if bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s) are complete, true, and correct to the best of his/her knowledge and belief. Name and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: William Foos, Vice President William Foos DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 SECTION 2 - ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt WF Addendum 1 Addendum 6 Addendum 11 WF Addendum 2 Addendum 7 Addendum 12 WF 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. SFrTION 3 - CONPI_IrT OF INTFIRFST All bidders 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. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. �T AND LAST NAME 1 2 3 4 5 6 SECTION 4 - FINANCIAL CAPACITY At time of request by the City, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/serviet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder 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. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 SECTION 5 - REFERENCES AND PAST PERFORMANCE Project No. BID NUMBER Project Title PROJECT TITLE Bidder shall submit at least three (3) references for whom the bidder has completed cork similar in size and nature as the work referenced in solicitation. Bidder may submit additional references as part of its bids submittal. Reference No.1 Firm Name: City of Miami Beach Contact Individual Name and Title: Frank Garcia, Sr. Facilities Capital Projects Coordinator Address: 1833 Bay Road, Miami Beach, FL 33139 Telephone: 305-673.7000 x22126 Contact's Email: franciscogarcia@miamibeachfl.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: The project included the identification of areas of vulnerability, characterization of relevant vehicle threats, determination of maximum impact velocities and angles, development of concepts to support mitigation schemes, interviews and discussion with internal stakeholders (i.e., City of Miami Beach Police Department, Fire Prevention Division, Property Management, Public Works Sanitation Division, Parks and Recreation, Beach Maintenance, and Tourism and Culture.) to gather information and confirm assumptions, constraints, and requirements; evaluation of vehicle traffic patterns on main thoroughfares and adjacent streets, including average vehicle sizes and types to determine potential Design Basis Threats, evaluation of pedestrian traffic patterns, including pedestrian access points, gathering areas, congestion periods, etc.; potential vehicle attack vectors from adjacent parking areas, and evaluation of key activities, events, and operational functions that could bleed over from major thoroughfares onto the Beachwalk, including times of operation, special events, public attractions, etc. Project cost: $99,967 Project date: 2021-2022 We also completed a 100 percent design for hostile vehicle mitigation barriers at the City of Miami Beach Convention Center, Soundscape Park, and South Pointe Park. The project was completed in three phases, including a basis of the design phase, a 30 percent conceptual design phase, and a final design phase consisting of both 90 percent draft and 100 percent final designs. Our team led the development of the basis of the design study and report, which identified hostile vehicle design basis threats (DBT) by type, vehicle size, and capability; a security vulnerability assessment against the identified DBTs; an evaluation of security effectiveness of existing vehicle barriers; and recommended security barrier mitigations or improvements to reduce vulnerability. The project included the identification of areas of vulnerability, characterization of relevant vehicle threats, and determination of maximum impact velocities and angles. Project cost: $136,147 Project date: May 2021-May 2022 Reference No.2 Firm Name: City of Miami Beach Contact Individual Name and Title: DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31MC631`07 AUUICJJ. •+aI LJaUC UUUICVaIU, Ilnlalnl OCalall rL_ A139 Telephone: 305-673.7000 x6828 Contact's Email: matthewlepera@miamidda.com Narrative on Scope of Services Provided, Project Budget, and Project Dates: Gannett Fleming worked on the completion of a 100 percent design for hostile vehicle mitigation barriers at the City of Miami Beach Convention Center, Soundscape Park, and South Pointe Park. The project was completed in three phases, including a basis of the design phase, a 30 percent conceptual design phase, and a final design phase consisting of both 90 percent draft and 100 percent final designs. Our team led the development of the basis of the design study and report, which identified hostile vehicle design basis threats (DBT) by type, vehicle size, and capability; a security vulnerability assessment against the identified DBTs; an evaluation of security effectiveness of existing vehicle barriers; and recommended security barrier mitigations or improvements to reduce vulnerability. The project included the identification of areas of vulnerability, characterization of relevant vehicle threats, and determination of maximum impact velocities and angles. Project cost: $$136,147 Project date: 2021-2022 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 Reference No.3 Firm Name: California Department of Water Resources Contact Individual Name and Title: John Rizzardo, PE, State Water Project Security Coordinator Address: 901 P Street, Sacramento, CA 94236 Telephone: 916.653.1292 Contact's Email: john.rizzardo@water.ca.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: Gannett Fleming has worked with the California Department of Water Resources (DWR) since 2013, performing on a variety of task orders supporting security, compliance, and emergency management -related work for all five field divisions of the State Water Project. Through this work, we have supported the Division of Operations and Maintenance and the Security and Emergency Management team and worked with external stakeholders, including the California GovernorA¢A A s Office of Emergency Services (CalOES), the Federal Energy Regulatory Commission (FERC), and the Division of Safety of Dams (DSOD). As part of this project in 2018, we performed a vulnerability assessment and technical performance for vehicle barriers to deter, delay, and deny vehicle -borne threats to a high hazard dam, canals, roadways, and bridges. The assessment culminated in the delivery of a written report, informing the identification of vehicle -borne design basis threats to the protected assets; an evaluation of performance requirements for vehicle barriers to physically protect against the vehicle -borne design basis threat; and a listing of vehicle -barrier types, which met the technical performance requirements needed to protect the assets. Our work also included conducting research and support activities in building security policies, plans, and instructions to assist in the development and management of a Department -wide Security Program. SECTION 6 - SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non- performance by any public sector agency? YES NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 7 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami -Dade County that have been certified as Small or Disadvantaged Business by Miami -Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami -Dade County? YES NO SECTION 8 - LGBT BUSINESS ENTERPRISE CERTIFICATION, Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? YES NO DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 SECTION C1 _ RUQn ANTI-lORRYING AMFNr)NnFNT rFQTII=I('ATION FORM APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti -Lobbying Amendment Certification Name and Title of Bidder's Authorized Signature of Bidder 's Authorized Representative: Representative: William Foos, Vice President William Foos SECTION 10 - SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: William Foos, Vice President William Foos SECTION 11 - CONE OF SI' 7.NCE 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 https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COS1 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 . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. SECTION 12 - WUL UI= BUSINESS t'I HILL Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfi.gov/city-hall/.DrocuremenUr)rocurement-related-ordinance-and-procedures/ Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? YES NO Bidder adopts the City of Miami Beach Code of Business Ethics? 0 YES NO SECTION 13 - LOBBYICT REGISTR'"TION & CA" �" � IGN CONTRIBUTION REQUIRE"1ENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (https://Iibrarv.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3LO) • Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://librarv.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE) DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 By V11LUU U1 JUU1111«111y Uiu, 6,666, uuit ub U, ammis that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. SECTION 14 - NON-DISCRIMINATION The Non -Discrimination ordinance is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 15 - FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. z)ECTION 16 PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. DocuSign Envelope ID: 24C42855-9598-4E5F-8781)-A31F8BC63F07 SECTION 1 i -VETERAN BUSINESS ENTr7RPRISES PREFERENCE Pursuant to City of Miami Beach Ordinance No. 2011- 3748, httpa//Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a small business concern owned and controlled by a veteran(s) or a service - disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise. Is the bidder a service -disabled veteran business enterprise certified by the State of Florida? 0 YES 0 NO Is the bidder a service -disabled veteran business enterprise certified by the United States Federal Government? YES NO SECTION 18 - MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? YES NO If yes, explain. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 RESOLUTION NO. 2023-32562 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH GANNETT FLEMING, INC., AS THE SOLE PROPOSER; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on December 14, 2022, the Mayor and City Commission approved the issuance of the Request for Qualifications (RFQ) No. 2023-016-WG for Beach Walk Protective Bollards Consulting Services and WHEREAS, Request for Qualifications No. 2023-016-WG (the "RFQ") was released on December 15, 2022; and WHEREAS, a voluntary pre -proposal meeting was held on January 10, 2023; and WHEREAS, on February 21, 2023, the City received a sole proposal from Gannett Fleming Inc.; and WHEREAS, on March 28, 2023, the Evaluation Committee appointed by the City Manager convened to consider the proposal received. The Committee was comprised of Francisco Garcia, Division Director, Facilities and Fleet Management; Ariel Guitian, Sr. Capital Projects Coordinator, Capital Improvement Projects; Giancarlo Pena, Assistant City Engineer, Public Works Department; Kevin Pulido, Neighborhood Affairs Division Director, Communications Department; Francys Vallecillo, Assistant Director, Tourism & Culture Department; and WHEREAS, the evaluation committee convened on March 28, 2023, to review and score the proposal; and WHEREAS, the Evaluation Committee received 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, and a copy of the proposal; and WHEREAS, the Evaluation Committee was instructed to score and rank the sole proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, after reviewing the submission, the City Manager concurs with the evaluation committee and recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Gannett Fleming, Inc.; and further authorize the City Manager and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F813C63F07 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, pursuant to Request for Qualifications (RFQ) No. 2023-016-WG Beach Walk Protective Bollards Consulting Services; authorize the Administration to enter into negotiations with Gannett Fleming, Inc., as the top - ranked proposer; and further authorize the City Manager and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this 0?8 ATTEST: 74' MAY 0 2 2023 RAFAEL E. GRANADO, CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Ct - 13 City Attorney �� Date day of Aort ( 2023. DAN GELBER, MAYOR HCoRpjow DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31F8BC63F07 MIAMI BEACH Competitive Bid Reports - C2 D COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: April 28, 2023 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-016-WG BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO. NEGOTIATE WITH GANNETT FLEMING, INC., AS THE SOLE PROPOSER; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BYTHE ADMINISTRATION. It is recommended that the Mayor and City Commission approve the Resolution authorizing the Administration to negotiate with Gannett Fleming, Inc., the sole proposer for Request for Proposals (RFQ) 2023-016-WG. The Resolution also authorizes the City Manager and City Clerk to execute an Agreement upon successful negotiations by the Administration. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY , The Miami Beach Recreational Corridor, commonly referred to as the Beach Walk, runs parallel to the oceanfront from South Pointe Park to north 87th Terrace. Currently, Section 70-67 of the City, Code prohibits the use of any motorized means of transportation along the length of the Beach Walk. Over the years, there have been several discussions about the safety of pedestrians and cyclists along the Beach Walk. Different user groups, including the Mid -Beach Neighborhood Association (MBNA), have voiced concerns about the potential of vehicles to access the Beach Walk and cause harm to pedestrians or cyclists. In October 2020, the Facilities and Fleet Management Department was charged with developing a project to design and deploy protective bollards at vulnerable areas along the entire length of the Beach Walk. The Department engaged a safety and security consultant to complete a study that included preliminary assessments, potential options for vehicle barriers and alternate mitigation measures. The study was necessaryto assess options and establish Page 76 of 991 DocuSign Envelope ID: 24C42855-95984E5F-878D-A31F8BC63F07 funding. Through the RFQ, the Facilities and Fleet Management Department seeks a consultant to create the necessary plans and specifications to install barriers to vehicle access along the Beach Walk. The most likely barrier is a bollard system that maximizes security and design. The required scope of work pursuant to the RFQ may include but not be limited to bollard design, construction documents, specifications, cost estimating and scheduling, project schedule estimating, and construction administration. ANALYSIS On December 14, 2022, the Mayor and City Commission approved the issuance of the Request for Qualifications (RFQ) No. 2023-016-WG for Beach Walk Protective Bollards Consulting Services. The Procurement Department issued bid notices to 27,893 companies utilizing the City's e-procurement system, with 59 prospective bidders accessing the solicitation. RFQ responses were due and received on February 21, 2023. The City received a sole proposal from Gannett Fleming, Inc. Staff believes that the limited response is attributed to the services being a niche sector that requires very specific experience relating to vehicle barriers in public places. On March 28, 2023, the evaluation committee appointed by the City Manager convened to consider the proposal received. The committee was comprised of Francisco Garcia, Division Director, Facilities and Fleet Management; Ariel Guitian, Sr. Capital Projects Coordinator, Capital Improvement Projects; Giancarlo Pena, Assistant City Engineer, Public Works Department; Kevin Pulido, Neighborhood Affairs Division Director, Communications Department; and Francys Vallecillo, Assistant Director, Tourism & Culture Department. The committee was provided an overview of the project and information relative to the Cone of Silence Ordinance and the Government Sunshine Law. The committee was also provided with general information on the scope of services and a copy of the proposal. The evaluation committee determined that Gannet Fleming Inc. was well qualified and should be considered for negotiations (see Attachment A). Below is a short bio of the firm based on information in its proposal. Gannett Fleming, Inc. has provided architectural, engineering, and construction services since 1915. The firm has a team of professionals that specialize in security and public safety experts provide risk management and technical and executive leadership to help agencies develop the security and safety programs needed. The firm is experiences in addressing disaster risks to vital assets, systems, and networks imperative to the health and safety of constituents. The firm partners with businesses, communities, and governmental agencies at every level to address threats. Additionally, the firm includes LEED-certified professionals on projects that are dedicated to using sustainable practices and has been named one of the top 100 green building design firms in the U.S. Gannett Fleming, Inc boasts client satisfaction rankings of over 90%. The firm has worked with the City of Miami Beach since 2012 on several traffic and safety projects. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION Page 77 of 991 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 The design services for this project will be completed in phases. The Facilities and Fleet Management Department estimates $139,000 for the initial project phase; however, funding for subsequent phases must be requested through the capital budget process. It is estimated that construction resulting from these design services would cost approximately $5,000,000. This amount includes factors for construction cost escalation and additional contingencies. Design fees will be established through the negotiation process. Services pursuant to the award of this RFQ-shallbe subject to funding availability which is contingent on approval through the City's capital budget process. Grant funds are not anticipated to be utilized for these services. Am ou nt(s)IAccou nt(s): Design: Funding available in the amount of $139,000 is available in 520-1720-000674-29-422-000- 00-00-00- Construction: Funding, in the amount of $5,000,000, subject to approval through the capital budget process for project 62523 After reviewing the submission and staff's comments, it is evident that Gannett Fleming, Inc. has the experience necessary to provide the City with bollard consulting services that will result in enhanced protections with an aesthetically pleasing design for the Beach Walk. Gannett Fleming, Inc. has worked with several large public and private sector organizations across the U.S. and provides design, architectural, and construction administration services that will allow the city to install protective bollards on the Beach Walk in line with the city's aesthetic and safety needs. In 2021, Gannet Fleming, Inc. provided services to the City for preliminary work regarding the installation of vehicle barriers to promote a safe environment for Miami Beach patrons on the Beach Walk. Other City of Miami Beach projects facilitated by Gannet Fleming, Inc. include the Transportation Master Plan, West Avenue Bridge Traffic and Safety, and the Design Variation Memorandum Report following FDOT guidelines for installing Bike Lanes across the intersections of 72 St. and 73 St. and SR A1A. Therefore, the Administration recommends that the Mayor and City Commission approve the Resolution authorizing the Administration to negotiate with Gannett Fleming, Inc., the sole proposer for Request for Proposals (RFQ) 2023-016-WG, and, further, authorizing the City Manager and City Clerk to execute an Agreement upon successful negotiations by the Administration. Applicable Area South Beach Is this a "Residents Right to Know" item. pursuant to City Code Section 2-14? No Strategic Connection Non -Applicable Legislative Tracking Does this item utilize G.O. Bond Funds? No Page 78 of 991 DocuSign Envelope ID: 24C42855-95984E5F-878D-A31 F8BC63F07 Facilities and Fleet Management/Procurement ATTACHMENTS: Description ❑ Attachment A ❑ Resolution Page 79 of 991 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 womaw ailO1�WR� OMLM1EOMLMW►,w�.�r.r r.. oouwiromis�m "' Ta Pape 80 of 991 DocuSign Envelope ID: 24C42855-9598-4E5F-878D-A31 F8BC63F07 DocuSign Envelope ID: F57BFCF9-1708-4DF3-BDA3-423458483DC2 MIAMIBEACH 23-016-01 1 BEACH WALK PROTECTIVE BOLLARDS CONSULTING SERVICES Contractor Requesting Department GANET FLEMING, INC. FACILITIES AND FLEET Joe Gom4z ,'fb- t- t" I Eric Carpenter D. • X Type 1- Contract, amendment, change order or task order resulting from a procurement -issued competitive solicitation. Type 2 - Other contract, amendment, change order or task order not resulting from a procurement -issued competitive solicitation. Type 3 - Independent Contractor Agreement (ICA) Type 6-Tenant Agreement Type 4 - Grant agreements with the City as the recipient Type 7 - Inter -governmental agency agreement Type 5 - Grant agreements with the City as the grantor Other: Brief Summary & Purpose (attach memo If additional space Is necessary) On April 28, 2023, the Mayor and City Commission adopted Resolution 2023-32562 pursuant to RFQ-2023-016-WG-for Beach Walk Protective Bollards.Consulting Services, authorizing the Administration to negotiate with Gannet Fleming, Inc., the sole proposer, and further authorizing the City Manager to execute an agreement upon successful negotiations by the Administration. The contract has been form approved by the City Attorney's Office and fully executed by the consultant. Pursuant to the authority established in Resolution 2023-32562, this item seeks the City Manager's signature to finalize the contract execution process. Original Term Renewal Periods Total Term (Original+ Renewals) The term of the agreement shall be effective until all services are N/A N/A completed. Information Grant Funded: Yes I X No State Federal Other: N/A Cost & Funding Source Year Annual Cost Account Require Enhancement N/A $139,000 520-1720-000674-29-422-000-00-00-00 Yes I X I No 1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. City Commission Approved: Authority X Yes No to Sign Resolution No.: CC Agenda It No.: CC Meeting Date: 2023-32562 C2D 4/28/2023 If no, explain why CC approval is not required: Legal Form Approved: X Yes No If no, explain below why form approval is not necessary: Procurement: compliance Alex D i J Approvals (see attached) Grants: N/A Budget: Finance 7ason Greene Ta for k tto to a Information Technology: N/A Risk Management: N/A 2118893138C448F Fleet & Facilities: N/A Human Resources: N/A Other: KristyBada Maria Estevez Kyle Tei eiro ooeuSignedb DocvsiYned 1;i� ucuSiOned by: 151C18BD72E472.