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Presentations & Awards 10- 21-2015ppMIAMIBEACH Presentations & Awards/Gommission Meeting City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 21,2015 Mayor Philip Levine Vice-Mayor Edward L. Tobin Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Micky Steinberg Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Vrsrt us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. ATTENTION ALL LOBBYISTS Ghapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the Gity Gommission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the Office of the City Clerk. Questions regarding the provisions of the Code should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; ffY users may call via 711 (Florida Relay Service). ln order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move any agenda item to an alternate meeting date. ln addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. AGENDA 1. Call to Order - 5:00 p.m. 2. Pledge of Allegiance 3. Requests for Additions, Withdrawals, and Deferrals We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. 1 Commission Agenda, October 21, 2015 Presentations and Awards PA1 Presentation Of 100 Automatic External Defibrillators (AEDs) Purchased By Baptist Health South Florida And Donated To The City Of Miami Beach. (Police) PA2 Commend All Firefighters Of The Fire Department For Their Efforts With The 2015 "Fill The Boot" Campaign On Behalf Of The Muscular Dystrophy Association And Proclaim The Month Of September As "City Of Miami Beach Firefighter Appreciation Month." (Fire) PA3 Proclamation To Be Presented Honoring The Late Dr. Harold Unger. (Sponsored by Commissioner Joy Malakoff) REGULAR AGENDA R5 - Ordinances RsA Sunset Harbour CD-2 Entertainment Prohibition An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations," Division 5, "CD-2 Commercial Medium lntensity District," At Section 142-305, "Prohibited Uses," By Adding Bars, Dance Halls, And Entertainment Establishments As Prohibited Uses Within The CD-z, Sunset Harbour Neighborhood, Generally Bounded By Purdy Avenue, 20th Street, Alton Road And Dade Boulevard; Providing For Codification; Repealer; Severability; Applicability; And An Effective Date. 5:05 p.m. First Readins Public Hearing (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Planning) RsB An Ordinance Amending The Code Of The City Of Miami Beach By Amending Chapter 102, Entitled "Taxation," By Amending Article lV, Entitled "Resort Tax," By Amending Section 102-307, Entitled "lmposition Of Tax; Rate," By Amending Subsection A Thereof Regarding The Rate Of The Tax To Be Paid On The Rent Of Every Occupancy Of A Room Or Rooms In Any Hotel, Motel, Roominghouse, Or Apartment House ln The City, Pursuant To Section 5.03(8) Of The City Charter; Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq (Sponsored by Commissioner Michael Grieco) (Legislative Tracking : Finance) R7 - Resolutions R7A A Resolution Adopting The Fourth Amendment To The General Fund, Enterprise Fund, lnternal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2014115. 5:06 p.m. Public Hearinq (Budget & Performance lmprovement) 2 Commission Agenda, October 21, 2015 R7B A Resolution Accepting, Pursuant To Article 6 Of The Construction Manager At Risk Agreement ("Agreement") Between The City And Clark Construction Group, LLC ("Clark") For The Miami Beach Convention Center Renovation And Expansion Project ("Project"), A Guaranteed Maximum Price ("GMP") For The Project ln The Amount Of $515,458,058.00; Approving And Authorizing The Mayor And City Clerk To Execute The GMP Amendment To The Agreement; Authorizing The Direct Purchase Of Materials And Equipment ln Accordance With The Agreement; Authorizing The City Manager To Bind Coverage For Builder's Risk And Other lnsurance For The Project ln An Amount Not-To-Exceed $11,600,000.00 (Net Of Non- Construction Related Premiums For On-Going Convention Center Operations); Establishing A City Contingency For The Project, For Use By The City, ln The Amount Of $35,000,000.00; And Delegating To The City Manager The Authority To Use The City Contingency To Execute Any Project-Related Agreements Or Contract Amendments As May Be Necessary For The Successful Delivery Of The Project, With Monthly Reporting To The City Commission With Regard To Utilization Thereof. (Office of the City Manager/Office of the City Attorney) R7C A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amended And Restated Agreement With Hill lnternational, lnc., For Owners Representative Services For The Miami Beach Convention Center Renovation And Expansion Project ("Project"), In The Amount of $6,303,753. (Office of the City Manager/Office of the City Attorney) R7D A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 8 To The Professional Services Agreement Between The City Of Miami Beach And Strategic Advisory Group Dated October 19,2011 For Consulting Services Relative To The Expansion And Enhancement Of The Miami Beach Convention Center ln An Amount Not-To-Exceed $700,000.00, lncluding All Reimbursable Expenses. (Office of the City Manager/Office of the City Attorney) R7E A Resolution Accepting The Recommendation Of The City's Finance And Citywide Projects Committee, And Waiving, By A sfit^ Vote, The Competitive Bidding Requirement ln Section 82- 39(a) Of The City Code, Finding Such Waiver To Be ln The Best lnterest Of The City; Further Waiving, By A 5/7th Vote, The Appraisal Requirement ln Section 82-39(b) Of The City Code, Finding Such Waiver To Be ln The Best lnterest Of The City; And Approving, Upon First Reading Of This Resolution, A Ground Lease Agreement, Substantially ln The Form Attached To This Resolution, Between The City (Owner Or Landlord) And The Sabrina Cohen Foundation (Tenant), ln Connection With The Use Of 5,100 Square Feet Of City-Owned Land, Located At Allison Park, Having A Street Address Of 6475 Collins Avenue (Premises), For A Term Of Ninety-Nine (99) Years With No Renewal Options; And Further Setting The Second And Final Reading And Public Hearing Of The Lease, As Required Pursuant To Section 82-37(a)(2) Of The City Code, For A Time Certain On December 9, 2015. First Readinq (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Office of the City Attorney/Parks & Recreation/Public Works) (ltem to be Submitted in Supplemental) 3 Commission Agenda, October 21, 2015 R7F A Resolution Authorizing The City Manager To Exercise Two (2) One (1) Year Renewal Terms Of The Agreement Between The City And Global Spectrum, L.P. ("Global") For The Operation, Management, Maintenance, Promotion And Marketing Of The Miami Beach Convention Center And Colony Theatre; Waiving, By 5/7th Vote, The Competitive Bidding Requirement Pursuant To Section 2-367 Of The City Code, For The Limited Purpose Of Approving An Additional Two (2) Year Renewal Term, And Finding Such Waiver To Be ln The Best lnterest Of The City; And Authorizing The Mayor And City Clerk To Execute Amendment No. 2 Of Said Agreement, With Said Agreement Having A Term Commencing On October 1,2016, And Ending On September 30,2020. (Tourism, Culture & Economic Development) R7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement Between The City And The Greater Miami Convention And Visitors Bureau (GMCVB), ln The Form Attached To This Resolution, With Said Agreement Having A Five (5) Year lnitial Term, Commencing Retroactively On October 1, 2015, And Ending On September 30, 2020. (Tourism, Culture & Economic Development) R7H A Resolution Setting A Public Hearing On December 9, 2015 At 1 1 :00 a.m. For The Owners Of The Property To Be Assessed Within The Proposed Sunset lslands 3 & 4 Utility lmprovement District Or Any Other lnterested Persons To Be Heard By The Mayor And City Commission As To The Propriety And Advisability Of Funding The Placement Underground Of Utilities On Sunset lslands 3 & 4 With Special Assessments, As To The Cost Thereof, As To The Manner Of Payment Therefor, And As To The Amount To Be Assessed Against Each Property So lmproved, Following Which The Mayor And City Commission Shall Meet As An Equalizing Board To Hear And Consider Any And All Complaints As To The Special Assessments And To Adjust And Equalize The Assessments On A Basis Of Justice And Right. (Capital lmprovement Projects/Office of the City Attorney) A Resolution Accepting The Recommendation Of The City Manager And Waiving, By 5/7th Vote, The Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best lnterest Of The City, And Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3 To The Agreement, Dated May 8, 2014, Between The City And Limousines Of South Florida, lnc., For Turn-Key Operations And Maintenance Services Of A Municipal Trolley System For The City Of Miami Beach; Said Amendment lncreasing The Scope Of The Agreement To lnclude The Following: (1) The Addition Of The Operation And Maintenance Services For Two New Routes ln Middle Beach (The Middle Beach Loop And The Collins Link); (2) The Addition Of Fifteen (15) New Low-Floor Trolley Vehicles For The Operation Of The North Beach And Middle Beach Routes; (3) A Negotiated New Hourly Rate Commensurate With The Cost Of Said New Trolley Vehicles And The Additional Services For The New Middle Beach Routes; (4) The Early Exercise Of The Two (2) Renewal Options, Extending The Agreement Term Through May 7, 2021; (5) ln Addition To The Term Provided ln Subsection (4) Of This Resolution, Further Extending The Term, As To Each Route, To lnclude A Full Sixty (60) Month Term, Commencing As Of The Roll- Out Date Of All The New Trolley Vehicles For Each Respective Route; (6) Authorizing The City Manager To Approve The Purchase Of Additional Optional Equipment For The Trolley Vehicles ln The City Fleet, As May Be Needed ln The Administration's Discretion, Subject To Funding Availability; And (7) Any Additional Modifications Deemed Necessary By The Administration With Respect To The Additional Scope Contemplated By The Amendment; Said Amendment lncreasing The Cost Of The Agreement, ln An Amount Not To Exceed $7,880,000 Annually. (Transportation) (Deferred from October 14,2015 - R7K) R7t 4 Commission Agenda, October 21, 2015 R9 - New Business and Commission Requests RgA Discussion Regarding 71 lnvestments, LLC Settlement And Release Agreement Between 71 lnvestments, LLC And The City Of Miami Beach Regarding The Property Located At 912 71't Street. (Office of the City Attorney) (ltem to be Submitted in Supplemental) End of Reqular Agenda 5 THIS PAGE INTENTIONALLY LEFT BLANK 6 PA PRESENTATIONS AND AWARDS 7 Presentations and Awards PA1 Presentation Of 100 Automatic External Defibrillators (AEDs) Purchased By Baptist Health South Florida And Donated To The City Of Miami Beach. (Police) PAz Commend All Firefighters Of The Fire Department For Their Efforts With The 2015 "Fill The Boot" Campaign On Behalf Of The Muscular Dystrophy Association And Proclaim The Month Of September As "City Of Miami Beach Firefighter Appreciation Month." (Fire) PA3 Proclamation To Be Presented Honoring The Late Dr. Harold Unger. (Sponsored by Commissioner Joy Malakoff) Agenda ltem PAI- 3 Date lo-2(-lS8 THIS PAGE INTENTIONALLY LEFT BLANK 9 R5 ORDINANGES 10 COMMISSION ITEM SUMMARY Condensed Title: An Ordinance amending the CD-2 Section of the Code to add 'bars, dance halls and entertainment establishments'to the list of prohibited uses in the Sunset Harbour neighborhood. AGENDA mem RSA lncrease satisfaction with neighborhood character. lncrease satisfaction with development and rowth manaoement across the Citv. Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of businesses rate the effort out forth bv the Citv to requlate nt is "about the riqht amount." Item Summary/Recommendation : FIRST READING - PUBLIC HEARING The subject Ordinance would add 'bars, dance halls and entertainment establishments' to the list of prohibited uses in the Sunset Harbour neighborhood. The Administration recommends that the City Commission: 1) approve the attached Ordinance at First Reading; 2) schedule a Second Reading Public Hearing for December 9,2015; and 3) refer the item to the Planning Board for action prior to Second Reading. On October 27 ,2015, the Planning Board is scheduled to consider the proposed legislation. Financial I nformation : Source of Funds: Amount Account 1 2 3 OBPI Total Financial lmpact Summary: ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the longterm economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. Thomas Mooney T:\AGENDA\20'l 21\Sunset Harbour CD-2 Correction - First Reading S MIAMIBEACH DArE /0-zl-[s11 MIAMIBEACH City of i iomi Beoch, I200 Convenlion Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: October 21,2015 the City Com TR - PUBLIC HEARING SUBJECT: Sunset Harbour GD-2 Entertainm Prohibition AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS," DIVISION 5, "CD.2 COMMERCIAL MEDIUM INTENSITY DISTRICT," AT SECTION 142.305, "PROHIBITED USES," BY ADDING BARS, DANCE HALLS, AND ENTERTAINMENT ESTABLISHMENTS AS PROHIBITED USES WITHIN THE CD.2, SUNSET HARBOUR NEIGHBORHOOD, GENERALLY BOUNDED BY PURDY AVENUE, 2OTH STREET, ALTON ROAD AND DADE BOULEVARD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. ADMI NISTRATION RECOMM ENDATION The Administration recommends that the City Commission approve the attached Ordinance at First Reading, schedule a Second Reading Public Hearing for December 9, 2015 and refer the item to the Planning Board for consideration prior to Second Reading. BACKGROUND On May 5, 2004 the City Commission adopted Ordinance No. 2004-3445, which prohibited stand-alone bars, dance halls and entertainment establishments, even if part of a restaurant, within the Sunset Harbour neighborhood. On December 12, 2012, Ordinance No. 2012-3786 was adopted, which set a lower threshold for Neighborhood lmpact Establishments in the Sunset Harbour neighborhood. Specifically, this Ordinance required Planning Board approval for restaurants having over 100 seats/125 persons occupancy. ANALYSIS It appears that the deletion of the previously approved prohibition on bars, dance halls and entertainment establishments in the Sunset Harbour neighborhood, which was approved in 2004, was done inadvertently. ln this regard, when Ordinance No. 2004- 12 Commission Memorandum Ordinance Amendment - Sunset Harbour CD2 Entertainment Prohibition October 21, 2015 Page 2 of 2 3445 was adopted in 2004, the 'prohibition' of bars, dance halls and entertainment establishments was placed under 'Main Permitted Uses'. ln 2012, as part of the proposed Ordinance setting lower thresholds for non-entertainment Neighborhood lmpact Establishments (Ordinance No. 2012-3786), this 'prohibition' language under Section 142-302 (Main Permitted Uses) was deleted, but was not added to Section 142- 305 (Prohibited Uses). ln order to correct this oversight, the proposed Ordinance would add 'bars, dance halls and entertainment establishments' to the list of prohibited uses in the Sunset Harbour neighborhood. PLANNING BOARD REVIEW The Planning Board is scheduled to review the proposed Ordinance on October 27, 2015. ln the event that the legislation is transmitted back to the City Commission with a favorable recommendation, zoning-in-progress will commence. FISCAL IMPAGT ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have a negative fiscal impact upon the City. CONCLUSION The Administration recommends that the City Commission: 1) approve the attached Ordinance at First Reading; 2) schedule a Second Reading Public Hearing for December 9,2015; and 3) refer the item to the Planning Board for consideration prior to Second Reading. fll,tJLM/SMTiTRM ' T:\AGENDA\201S\OctobeAOct 21\Sunset Harbour CD-2 Conection - First Reading MEM.docx 13 SUNSET HARBOUR GD.2 ENTERTAINMENT PROHIBITION oRDINANCE NO._ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAM! BEACH, FLORIDA BY AMENDING CHAPTER 142, ..ZONING DISTRICTS AND REGULATIONS", ARTIGLE II, "DISTRIGT REGULATIONS," DIVISION 5, "CO.z COMMERCIAL MEDIUM INTENSITY DISTRICT," AT SECTION 142.305, "PROHIBITED USES," BY ADDING BARS, DANCE HALLS, AND ENTERTATNMENT ESTABLISHMENTS AS PROHIBITED USES WITHIN THE CD.z, SUNSET HARBOUR NEIGHBORHOOD, GENERALLY BOUNDED BY PURDY AVENUE, 2OTH STREET, ALTON ROAD AND DADE BOULEVARD; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Sunset Harbour neighborhood is comprised of a mix of residential and commercial uses all in close proximity; and WHEREAS, stand alone bars, entertainment establishments and dance halls are incompatible with the low scale character of the Sunset Harbour neighborhood, located within the CD-2, Commercial Medium lntensity District, generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard; and WHEREAS, on December 12, 2012, the City Commission adopted Ordinance No. 20'12-3786, which inadvertently removed bars, dance halls, and entertainment establishments from the list of prohibited uses in the Sunset Harbour neighborhood; WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION l. Chapter 142, "Zoning Districts and Regulations," Article ll, "District Regulations," Division 5, "CD-2, Commercial, Medium lntensity District," is hereby amended as follows: Sec. 142-305. - Prohibited uses. The prohibited uses in the CD-2 commercial, medium intensity district are accessory outdoor bar counters, except as provided in this division. Except as otherwise provided in these land development regulations, prohibited uses in the CD-2 commercial medium intensity district in the Sunset Harbour Neighborhood, generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard, also include outdoor entertainment establishmentq neighborhood impact establishmentg and open air entertainment establishmentg, bars, dance halls. and entertainment establishments (as defined in section 1 14-1 of this Code). 1of 2 14 sEcTtoN 2.Repealer All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. Codification It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. Severabilitv. lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shal! take effect ten days following adoption. PASSED and ADOPTED this day of ,2015. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE First Reading. October 21,2015 Second Reading: December 9, 2015 Verified By: Thomas R. Mooney, AICP Planning Director T:\AGENDA\2015\Oc{ober\Oct 2'l\Sunset Harbour CD-2 Correction - First Reading ORD.docx AND FOR EXECUTION 2of 2 15 y.lriDAr o(I(la I u5ftllumAt0.(0t NEIGHBORS MIAMIETACH GITY OF MIAMI BEI\CH ORDINANCE AMENDING ZONING trISTRICTS AND HHGULATIONS TO ADD BARS, DANCE HALLS, AND ENTERTAINM ENT E$TABLISH MENT$ AS PHOHIBITSD U$E$WITHINTHE CD.2, SUNSET HARBOUH NEIGHBOfrHOOD NOTICE OF PUEUC HTARING Octobe r 21, zOt 5 N$TICE lS H=EEBY given that a First Public Hearing will be heard by the Mayor and City Commission of the City of Miami Beach. Florida, in the Commission Chambers, Srd Floor, Citf Hall, 17oo Convention Center Drive, Miami Beach, Florida, on October 21, 2015 at 5:05 p.m., or as soon thereafter as the matter ean be heard, to consider: An Ordinence Amending The Code Of The City Sf Miami Beach, Florida By Amending Chapter 142, "Soning Distriets And Regulations," Article ll, "Dis:rict Segulationsl' Division 5, "CD-z Commereial Medium lntensity Districtl At Section 142-305, "Prohibited Usesl' By Adding Bars, Dance Hells, And Entertainment Establishments As Prohibited Uses Withln The CD*Z, Sunset Harbour Neighborhood. Generally Bounded 8y PurdyAvenue, 20'h Street, Alton Road And ilade Boulevard; Providing For Codification; Repealer; Severabifity; Applicahility; And An Effeetive ilate. lnquiries may be direated to the Planning Depaftment at 305.673.7550. INTEBESTED PARTIES are invited to appear at this meeting, or be represanted by an agent, or to express their views in writing addressed to the City Commissicn, c/o the City Clerk, 1700 Convention Center Drive, 1"r Floor, City Hall, Miami Beach. Florida 33139. This item is available for public inspection during normal business hours in the Office of ?he City Clerk, 17OO Convention Center Drive, 1$ Floor, City Hall, Miarni Beach, Florida 33139. This meeting, or any item herein, may be continued, and under such eirc.rmstanc*s, additional legal notiee need not be provided. Pursuant to Section ?8S.0105, Fla. Stat., the City hereby advises the puhlic that if a person decidesto appeal any decision made bythe City Commission with respefi to any motter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.This noti*e does nct constitute eoilsent by the City for the introduction or admission of otherwise insdmissibte or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allorared by law. To request this material in alternate format, sign language interpreter (five-day notice requiredl, information on access lor persons with disabilities, and/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6;TTY users may call via711 tF[orida Relay $ervice]. Rafael E, Granado, City Clerk City of Miami Beach Ad 1097 16 lrrNlAr ilr(EEr $ lou Iilu.flmrlG(o{ I NEIGHBORS I I reN€ MIAMISTACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS ocroBER 21,2415 NOTICE l$ HEBEBY given that ths following public hearings will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the eommission Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Seach, Florida, on October 2r,2015, at the times listed, er as soon thereafter as the matter can be heard: 5:05 p.m. An Ordinance AmendingThe Code Of The City Of Miami Eeach, Florida By Amend in g Chapter 1 42, " Zo ning Distrias An d Reg u I atl on s," Aft icle I l, "'DiEtrict Regulations;" Division 5, "CD-2 Commercial Medium Intensity District;'l\t Section 142-305, "Prohibited Us$9," ByAdding Bars, Dance Halls, And Entertainment Establishmonts As Prohibited Uses Within The CD-?. Sunset Harbour Neighborhood, Generally Bounded By Purdy Avenue, 20th Street, Alton Rsad And Dade Boulevard; Providing For Codificatisn; Hepealer; Severability; Applicability; And An Effective Date. lnquiries may be directed to the Planning Department at 30$"6V3.755CI. 5:06 p.m. A Hesolution AdoptingThe Fsurth AmendmentToThe General Fund, Enterprise Fund, lnternal Service Fund. And $pecial Bevenue Fund Budgets For FiscalYear (FY) 20?d,n5. hquiries may be directed to the Budget & Pedormance lmprovement Department at 305.673.751O. INTERESTED PAHTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commlssion, c/o the City Clerk, '1700 Convention Center Drive, 'l*t Floox City Hall, Miami Beach, Florida 33133. Copies of these items are available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1* Floot City Hall, Miami Beach, Florida 33139.This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need not he provlded. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with rsspest to any matter considered at it$ meeting or its hearing, such person must ensure that a verbatim record of the proceedings is rnade, which record includes the testimony and evidence upon which the appeal is to be based.Th[s notice does not constitute consent by th€ CiW feir tha introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize chaltenges or appeals not otherwise allowed by law. To request tl'ris material in alternate format sign language interpreter (five-day notice required), information on acces$ for persons with disabilities, ancl/or any accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for $pa*ish, then option 6:TTY users may call via711 (Florida Relay Servicei, Rafael E. Granado, City Clerk City of Miami Beach Ad 1100 17 THIS PAGE INTENTIONALLY LEFT BLANK 18 ffiutAvonANDclTYcoMMlSSloNoFTHEclwoFMlAMlBEAcH'FLoRlDA'AMENDlNGTHE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 102, ENTITLED "TAXATION," BY AMENDING ARTICLE IV, ENTITLED..RESORT TAX,,,BY AMENDING SECTION 102.307, ENTITLED..IMPOSITION OF TAX; RATE,,,BY AMENDING SUBSECTION A THEREOF REGARDING THE RATE OF THE TAX TO BE PAID ON THE RENT OF EVERY OCCUPANCY OF A ROOM OR ROOMS IN ANY HOTEL, MOTEL, ROOMINGHOUSE, OR APARTMENT HOUSE IN THE CITY, PURSUANT TO SECTION 5.03(8) OF THE CITY CHARTER; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Condensed Title: COMMISSION ITEM SUMMARY FIRST READING / PUBLIC HEARING Kev lntended Outcome Supported: Item Summary/Recommendation: FIRST READING PUBLIC HEARING The City is entitled to impose and collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel, or apartment house, when the renting is for the period of occupancy for imposition of a transient rental tax pursuant to Florida Statute 212.03, as amended, and Section 5.03 of the City Charter (the "Resort Tax"). The current Resort Tax collected on transient rentals is three percent (3%). On August 12,2012, the electorate of the City of Miami Beach voted - by over 670/o ol the voters voting - in favor of increasing the Resort Tax on room rentals by an additional one percent (1%), with such additional 1% Reso( Tax to be "used solely for the purposes of expanding, enlarging, renovating, and/or improving the Miami Beach Convention Center, including payment of debt service related thereto." The election results were certified by Resolution No. 2012-28004, and subsequently codified in Section 5.03(b) of the City Charter. The purpose of this Ordinance is to impose the additional 1o/o lax approved by the voters on August 12,2012 and lo therefore set the new Resort Tax rate at four percent (4%). ln accordance with Section 5.03(b) of the City Charter, the additional 1% Reso( Tax shall be used solely for the purpose of securing payment of the expansion, enlargement, renovation and improvement of the Miami Beach Convention Center (the "MBCC Project") and debt service related thereto. Following public hearings held on September 30, 2015 and October 14, 2015, the Mayor and City Commission adopted a Resolution, authorizing, subject to the passage of this ordinance, the issuance of Resort Tax Revenue Bonds, Series 2015, in the not-to-exceed amount of $240 million, for the purpose of financing a portion of the MBCC Project. The Resort Tax Bonds will be issued in a par amount of approximately $207.6 million. The additional 1% Resort Tax is anticipated to generate in excess of $12,000,000 on annual basis. Please see Exhibit A for the Resort Tax Bond Analysis. The additional 1% Resort Tax must be implemented before the Series 2015 Resort Tax bonds can be issued. Although the Administration anticipates that the additional 1% Resort Tax will be sufficient to pay for all debt service relatedto the Series 2015 bonds, all Resort Taxes will be pledged in an effort to strengthen the credit and resulting market reception to these bonds. . lmprove alliance with key business sectors, namely hospitality, arts, and international business with a focus on enhanced culture, entertainment, and tourism o Maximize the Miami Beach brand as a world-class destination Supporting Data (Surveys, Environmental Scan, etc.): . Environmental Scan - Convention Center Aftendance: 54% increase since 2004 o Communitv Survev - Averaqe resident attends events at the Convention Center twice The Frnance and CItywide Projects Committee, on August 28,2015, recommended the issuance of the ResortTax t of the Convention Financial lnformation : 'fr*"" x runa., Amount Account Approved Total lnterim Assistant Finance,Dlrector MBCC Department Director t-.^l fitv ManaSer AW fi MlH r[,fl(Ll JLM T U\ :\AGENDA\201 2'l\1% Resort Tal - 1st Reading AcEtlDA ITEM RS BW MIAMIBTACH DAYE 10-21-l\-19 g MIAMIBEACH City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: THE CITY OF MIAMI B CODE OF THE CITY OF MIAMI BEACH BY AMENDING GHAPTER 102, ENTITLED "TAXATION," BY AMENDING ARTICLE IV, ENTITLED "RESORT TAX," BY AMENDING SECTION 102-307, ENTITLED "IMPOSITION OF TAX; RATE," BY AMENDING SUBSECTION A THEREOF REGARDING THE RATE OF THE TAX TO BE PAID ON THE RENT OF EVERY OCCUPANCY OF A ROOM OR ROOMS IN ANY HOTEL, MOTEL, ROOMINGHOUSE, OR APARTMENT HOUSE IN THE ctry, PURSUANT TO SECTION 5.03(8) OF THE ClrY CHARTER; PROVIDING FOR REPEALER, SEVERABILIW, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMM ENDATION Approve the ordinance on first reading and schedule a second reading public hearing on October 28,2015. BACKGROUND The City is entitled to impose and collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel, or apartment house, when the renting is for the period of occupancy for imposition of a transient rental tax pursuant to Florida Statute 212.03, as amended, and Section 5.03 of the City Charter (the "Resort Tax"). The current Resort Tax collected on transient rentals is three percent (3%). On August 14, 2012, the electorate of the City of Miami Beach voted - by over 670/o of the voters voting -- to increase the Resort Tax on room rentals by an additional one percent (1%), with such additional 1% ResortTaxto be "used solelyforthe purposes of expanding, enlarging, renovating, and/or improving the Miami Beach Convention Center, including payment of debt service related thereto." ln Resolution No. 2012-28004, the City Commission adopted the certification of the official results of the August 14, 2012 special election, and subsequently codified the foregoing in Section 5.03(b) of the City Charter. The purpose of this Ordinance is to impose the additional 1o/o tax approved by the voters on August 14,2012 and to therefore set the new Resort Tax rate at four percent (4%). Mayor Philip Levine and Members the City Jimmy L. Morales, City Manager October 21,2015 AN ORDINANCE OF THE MA AND CITY COMMISSION OF FLORIDA, AMENDING THE F!RST READING PUBLIC HEARING 20 Commission Memorandum - October 21,2015 Resort Tax 17o lncrease Page 2 of 3 ln accordance with Section 5.03(b) of the City Charter, the additional 1% Resort Tax shall be used solely for the purpose of securing payment of the expansion, enlargement, renovation and improvement of the Miami Beach Convention Center (the "MBCC Project") and debt service related thereto. ANALYSIS Following public hearings held on September 30, 2015 and October 14,2015, the Mayor and City Commission adopted a Resolution, authorizing, subject to the passage of this ordinance, the issuance of Resort Tax Revenue Bonds, Series 2015, in the not-to- exceed amount of $240 million, for the purpose of financing a portion of the MBCC Project. The Resort Tax Bonds will be issued in a par amount of approximately $207.6 million. The additional 1o/o Resort Tax is anticipated to generate in excess of $12,000,000 on annual basis. Please see Exhibit A for the Resort Tax Bond Analysis. The additional lo/o Resort Tax must be implemented before the Series 2015 Resort Tax bonds can be issued. Although the Administration anticipates that the additional 1% Resort Tax will be sufficient to pay for all debt service related to the Series 2015 bonds, all Resort Taxes will be pledged in an effort to strengthen the credit and resulting market reception to these bonds. On May 21,2015, the Mayor and City Commission adopted Resolution No. 2015-29028, approving the CM-at-Risk Agreement between the City and Clark Construction Group, LLC (the "Agreement"), authorizing pre-construction services for the MBCC Project and specifying the terms and conditions for the development and negotiation of a Guaranteed Maximum Price ('GMP') Amendment to secure the delivery of the construction phase of the MBCC Project. On October 21,2015, the Mayor and City Commission will consider adoption of a Resolution approving the GMP Amendment in the amount of $515,458,058.00 for the MBCC Project, and which GMP Amendment, along with the Agreement, provides the definitive terms and conditions of the City's agreement for the development and expansion, enlargement, renovation and/or improvement of the MBCC Project. Once the above-referenced agreement is approved, the requirement of Section 5.03(b) of the City Charter that the additional 1% Resort Tax not be imposed until such time as the City has entered into an agreement for the MBCC Project will thereby be satisfied. City of Miami Beach businesses, engaged in transient rentals, will begin remitting the additional 1o/o lax on January 20, 2016 for the collection period commencing on December 1, 2015. These businesses will be sent notifications of the imposition of the additional 1o/o Resort Tax via mail and email. The City will also publish an announcement on our taxpayer's Resort Tax web filing and payment portal, as well as, the City's website. Conclusion The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the ordinance on first reading and schedule a second reading public hearing on October 28,2015. 21 JLM/JWARWmmw% Commission Memorandum - October 21,2015 Resort Tax 1% lncrease Page 3 of 3 Attachment (presented in draft form): T:\AGENDA\201S\October\MBCC Oct 21\1% Resort Tax - 1st Reading 22 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, AMENDING THE CODE OF THE CIry OF MIAMI BEACH BY AMENDING CHAPTER 102, ENTITLED "TAXATION," BY AMENDING ARTICLE IV, ENTITLED..RESORT TAX," BY AMENDING SECTION 102.307, ENTITLED "IMPOSIflON OF TAX; RATE," BY AMENDING SUBSECTION A THEREOF REGARDING THE RATE OF THE TAX TO BE PAID ON THE RENT OF EVERY OCCUPANCY OF A ROOM OR ROOMS !N ANY HOTEL, MOTEL, ROOMINGHOUSE, OR APARTMENT HOUSE IN THE CITY, PURSUANT TO SECTION 5.03(8) OF THE CITY CHARTER; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City is entitled to impose and collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel, or apartment house when the renting is for the period of occupancy for imposition of a transient rental tax pursuant to Florida Statute 212.03, as amended, and Section 5.03 of the City Charter (the "Resort Tax"); and WHEREAS, in Resolution No. 2012-28004, the City Commission adopted the certification of the official results of the August 14, 2012, special election, whereby the electorate of the City of Miami Beach voted to impose an additional one percent (1%) on the Resort Tax, to be "used solely for the purposes of expanding, enlarging, renovating, and/or improving the Miami Beach Convention Center, including payment of debt service related thereto," which provisions were subsequently codified in Section 5.03(b) of the City Charter; and WHEREAS, on May 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29028, approving the CM-at-Risk Agreement between the City and Clark Construction Group, LLC (the "Agreement"), authorizing pre-construction services for the expansion, enlargement, renovation and improvement of the Miami Beach Convention Center (the "MBCC Project") and specifying the terms and conditions for the development and negotiation of a Guaranteed Maximum Price ("GMP') Amendment to secure the delivery of the construction phase of the MBCC Project; and WHEREAS, on October 21, 2015, the Mayor and City Commission adopted a Resolution approving the GMP Amendment in the amount of $515,458,058.00 for the MBCC Project, and which GMP Amendment, along with the Agreement, provides the definitive terms and conditions of the City's agreement for the development and expansion, enlargement, renovation and/or improvement of the MBCC Project, thereby satisfying the requirement of Section 5.03(b) of the City Charter that the additional 1oh Resort Tax not be imposed until such time as the City has entered into an agreement for the MBCC Project; and 23 WHEREAS, on October 14, 2015, the Mayor and City Commission adopted a Resolution, authorizing, subject to the passage of this ordinance, the issuance of Resort Tax Revenue Bonds, Series 2015, in the not-to-exceed amount of $240 million, for the purpose of financing a portion of the MBCC Project; and WHEREAS, in accordance with Section 5.03(b) of the City Charter, the additional 1% Resort Tax shall be used solely for the purpose of securing payment of the MBCC Project and debt service related thereto. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND C!ry GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1. That Article lV of Chapter 102 of the Miami Beach City Code is hereby amended as set forth below. CHAPTER 102 TAXATION Article lV. Resort Tax. Division lV. Tax. Section 102-307. lmposition of tax; rate. (a) There is hereby levied and there shall be paid a tax of thr€e four percent on the rent of every occupancy of a room or rooms in any hotel, motel, roominghouse, or apartment house in the city, and two percent upon the total sales price of all items of food, beverages, alcoholic beverages or wine sold at retail of any restaurant. (b) Such tax shall constitute a debt owed by the occupant or guest to the city, extinguished only by payment to the operator or to the city. The occupant or guest shall pay the tax to the operator of the hotel, motel, roominghouse, apartment house or restaurant at the time the rent or sales price is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the occupant's ceasing to occupy space in the hotel, motel, roominghouse or apartment house. 24 (c) The tax due on a transaction calling for the payment of rent or sales price ef from: Cenfs $0.50 to $0.99 ..... +Z 1.00 to 1.49 ..... 2 4 1.50 to 1.99 ..... 3 0 2.00 to 2.49 ..... 49 2.50 to 2.99 ..... 5 10 or on rents or sales in amounts of more than $3.00. hAro four percent shall be charged upon each dollar of price or rent, plus the above bracket charges upon any fractional part of a dollar in excess of even dollars. SECTION 2. SEVERABILITY. lf any section, sentence, clause, or word of this section is for any reason declared to be unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions shall not be affected. SECTION 3. REPEALER. Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in conflict with this Ordinance, is hereby repealed to the extent of such conflict. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, as amended. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. EFFEGTIVE DATE. This Ordinance shall take effect the _ day of ,2015. 25 PASSED and ADOPTED this day of ATTEST: Rafael E. Granado, City Clerk Underline denotes additions S+ri*e+nrcugn d enotes deletio ns (Sponsored by Commissioner Michael Grieco) ,2015. Philip Levine, Mayor APPNOVEDASTO FORM & I.ANGUAGE lFon ExEqJilor{ ,-[Atr ro-l - Weibmq iAr Dsb 4 26 BankofAm erba* Merrill Lynch EXHIBIT A TABLE OF CONTENTS CITY OF MIAMI BEACH, FLORIDA Resort Tax Revenue Bonds, Series 2015 Preliminary Numbers Page Sources and Uses of Funds 1 2Bond Summary Bond Pricing Statistics Bond Debt Service Form 8038 Statistics Debt Service Reserve Fund Annual Debt Service Coverage Oct 1"3, 2015 4:28 pm Prepared by Bank of America Merrill Lynch 27 Bankof Am erica* Merrill Lynch EXHIBIT A SOURCES AND USES OF FUNDS CITY OF MIAMI BEACH, FLORIDA Resort Tax Revenue Bonds, Series 2015 Preliminary Numbers Dated Date t2/L7120L5 Delivery Date L21t712015 Sources: Bond Proceeds: Par Amount Premium 207,570,000.00 23,962,700.95 23t,532,700.9s Uses: Project Fund Deposits: Project Fund 2L6,632,193.00 Other Fund Deposits: Debt Service Reserve Fund 13,665,500'00 Delivery Date Expenses: Cost of lssuance 350,000.00 Underwriter's Discount 881,528'32 t,231,528.32 3,479.63 231,532,700.95 Other Uses of Funds: Additional Proceeds Notes: Structured based on a fixed project amount of $2L6,632,t93, assumes no earnings. Cash funded DSRF, assumes no earnings. Assumes ratings of A/A. Oct 13, 2015 4:28 pm Prepared by Bank of America Merrill Lynch Page 1 28 Bankof America Merrill Lynch -*EXHIBIT A BOND SU MMARY STATISTICS CITY OF MIAMI BEACH, FLORIDA Resort Tax Revenue Bonds, Series 2015 Preliminaf- Numbers Bond Component Par Value Price PVoflbp chanSe 0ated Date 0elivery Date First Coupon Last Maturity ArbitraSe Yield True lnterest Cost (TlC) Net lnterest Cost (NlC) All-ln TIC Average Coupon Average Life (years) Duration of lssue (years) Par Amount Bond Proceeds Total lnterest Net Interest Total Debt Service Maximum Annual Debt Service Average Annual Debt Service Underwriter's Fees (per S1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price D/r7l2o7s 12177/2,ts 06lotl2076 72/011204s 3.51792L% 4.t11332% 4.41891004 4.1237630/. 4.998037% 19.201 12.472 207,570,000.00 231,532,700.95 199,197,263.33 776,rL6,O90.70 406,767,263.33 13,665,500.00 13,579,025.85 4.746497 4.246897 111.119705 Average Average Coupon Life Bond Component Term Bond 2040 Term Bond 2045 102,065,000.00 114.344 46,350,000.00 709.174 59,155,000.00 108.571 4.994% 12.321 5.000% 23.053 5.000% 28.053 81,648.90 39,861.00 50,281.75 207.570.000.00 19.201 L7L,79L.65 Trc All-ln TIC Arbitrage Yield Par Value r Accrued lnterest + Premium (oiscount) - Underwriter's Discount - Cost of lssuance Expense - Other Amounts Target Value Target Date Yield Notes: Structured based on a fixed proiect amount of 5216,632,193, assumes no earnings. Cash funded DSRF, assumes no earnings. Assumes ratings of A/A. 207,570,000.00 23,962,700.95 -88 1,528.32 207,570,000.00 23,962,700.95 -881,528.32 -350,000.00 207,570,000.00 23,962,700.95 230,65L,L72.63 L2lL7l20ts 4-1173320/. 230,30t,L72.63 L2l17l20LS 4.L23763% 231,532,700.95 L2h7/20ts 3.5L7921% Oct 13, 2015 4:28 pm Prepared by Bank of America Merrill Lynch Page 2 29 Bankof Am erica* illerrill Lynch EXHIBIT A BOND PRICING CITY OF MIAMI BEACH, FLORIDA Resort Tax Revenue Bonds, Series 2015 Preliminary Numbers Sond Component Maturity Date Amount Rate Yield Yield to Price Maturity Call Dat€ call Price Premium (-Discount) Bond Component: Term Bond 2040: Term Bond 2045: 16,272.55 207,s55.00 397,394.55 514,339.80 614,431.00 711,088.05 787,879.40 847,502.50 914,946.40 978,988.95 943,995.00 909,121.00 875,368.75 842,803.60 834,145.00 834,051.50 72/OU2O2s 72l0tl2O2s 72/0L/202s t2/01/202s L2l07/2O2s L2lOu2O2s t2/0L/202s t2loL/202s 12/0L/202s 12/0L1202s L2l07l2l2s 12/o7l2O2s L2lO7l2O2s t2l0rl202s t2/0L1202s L2lOuzl2s L2/07/202s L2/07/2025 1210L12025 7210L1202s L2/0L/2O16 56s,000 3.000% L2l0Ll2Ot7 3,350,000 4.0oo% t2l0tl2o78 3,48s,000 s.000% 12101120L9 3,660,000 s.000% 7210712020 3,84s,000 s.000% t2/0L/2027 4,035,000 5.000% r210u2022 4,23s,000 s.000% L2l0t/2o23 4,450,000 s.000% L2l0tl2i24 4,670,000 5.000% L2l0r/2O25 4,905,000 5.000% L2loll2o26 5,1so,0oo s.000% 1210112027 5,405,000 5.000% t210112028 s,67s,000 s.000% 12/0712029 s,960,000 s.000% L2/O7/2030 6,260,000 5.000% L2l0Ll203L 6,s70,000 s.000% L2l0t/2o32 6,900,000 s.000% t2l0t/2o33 7,245,000 s.000% 12/01/2034 7,610,000 s.000% 12/0t/2035 7,990,000 5.000% 102,065,000 L2l0L/2036 8,390,000 s.000% L2lotl2g37 8,805,000 s.000% t2l0L/2038 9,250,000 s.000% 1210712039 9,710,000 s.000% t2lol/204o 10,195,000 5.000% 45,350,000 L2loLlzML 10,705,000 s.oo0% 1210L12042 11,240,000 5.000% 12107/2043 11,80s,000 s.000% 7210712044 12,395,000 s.000% 72/0L/2045 13,010,000 s.ooo% 59,155,000 o.430% 0.800% L.O70% 1340% 1.630% 1.860% 2.1L0% 2.360% 2s40% 2.700% 2.870% 3.030% 3.L80% 3.320% 3.4L0% 3.480% 3.540% 3.590% 3.640% 3.690% 3.880% 3.8400/0 3.880% 3.880% 3.880% 3.950% 3.950% 3.950% 3.950% 3.9s0% 100.000 100.000 100.000 100.000 100.000 100.000 102.447 106.196 111.403 114.053 115.980 tt7.623 118.604 119.045 119.592 119.9S9 118.330 C 3.022% 116.820 C 3.287% 115.425 C 3.508% 114.L4r C 3.694% 113.325 C 3.822% 112.695 C 3.9220/6 112.158 C 4.0050/0 111.713 C 4.074% 111.270 C 4.136% 110.830 C 4.t93% 109.174 C 4.397% 109.174 C 4.39L% 109.174 C 4.39Lo 109.174 C 4.39Lo 109.174 C 4.39r% 108.571 C 4.477% 108.571 C 4.477% 108.571 C 4.477% 108.571 C 4.477% 108.571 C 4.477% 100.000 838,902.00 100.000 848,606.85 100.000 857,647.00 100.000 86s,317.00 74,640,376.90 100.000 759,698.60 100.000 807,770.70 100.000 848,595.00 100.000 890,795.40 100.000 935,289.30 4,252,L49.00 100.000 917,525.55 100.000 963,380.40 100.000 1,011,806.s5 100.000 L,062,375.45 100.000 1,11s,087.10 5,070,175.05 207,570,000 23.962,700.95 Oated Date Oelivery Date First Coupon Par Amount Premium Production LJnderuriter's Oiscount Purchase Price Accrued lnterest Net Proceeds Notes: structured based on a fixed project amount of 5216,632,193, assumes no earnings. cash funded osRF, assumes no earnings. Assumes ratings of A/A. t2h7l20Ls L2l17lz,Ls 06/01/20t6 207,s70,000.00 23,962,700.95 23L,532,700.95 111.544395% -881.528.32 -0.424690% 230,6sr,172.53 7L7.Lr9705% 230,651,172.53 Oct 13, 2015 4:28 pm Prepared by Bank of America Merrill Lynch Page 3 30 Bankof Am erica* Merrill Lynch EXHIBIT A BOND DEBT SERVICE CITY OF MIAMI BEACH, FLORIDA Resort Tax Revenue Bonds, Series 2015 Preliminary Numbers Dated Date Delivery Date Principal Coupon lnterest Debt Service tzlL7l20Ls 12/17/20Ls Period Ending L2/0L120L6 L2/oLl20t7 L2/oL/20!8 L2/OL/2019 l2lOLl2020 t2l0L/202L L2/0112022 L2lOu2023 L2/Otl2024 t2lor/202s L2lOrl2026 L2/Orl2027 L2/0t12028 L2/0L12029 t2loLl2030 L2/OLl203]- t2loll2032 7210L/2033 L2/01/2034 L2l0t/203s L2l0u2036 12/0L/2037 L210t12038 tzl0u2039 t2/otl2040 L2107/2041 L2l0u2042 L2/0L/2043 t2/oLl2044 12/0L/204s 665,000 3,3s0,000 3,485,000 3,660,000 3,845,000 4,035,000 4,23s,000 4,450,000 4,670,000 4,905,000 5,150,000 5,405,000 5,675,000 5,950,000 6,260,000 6,570,000 6,900,000 7,245,000 7,610,000 7,990,000 8,390,000 8,80s,000 9,250,000 9,710,000 10,195,000 10,70s,000 r.1,240,000 11,805,000 12,395,000 13,010,000 3.000% 9,872,513.33 10,537,s13.33 4.000% 10,311,750.00 13,661,750.00 5.000% 10,177,750.00 13,662,750.00 5.000% 10,003,500.00 13,663,s00.00 5.000% 9,820,500.00 13,665,500.00 5.000% 9,628,250.00 13,653,250.00 5.000% 9,426,500.00 13,661,500.00 5.000% 9,2L4,750.00 13,564,7s0.00 s.000% 8,992,250.00 t3,662,250.00 5.000% 8,7s8,750.00 13,653,750.00 s.000% 8,s13,s00.00 13,563,500.00 s.000% 8,2s6,000.00 13,661,000.00 5.000% 7,985,750.00 13,650,7s0.00 5.000% 7,702,000.00 13,662,000.00 5.000% 7,404,000.00 13,664,000.00 5.000% 7,091,000.00 13,661,000.00 s.000% 6,762,s00.00 13,662,s00.00 5.000v. 5,417,500.00 13,652,500.00 5.000% 5,055,250.00 13,665,250.00 5.000% 5,674,750.00 13,664,750.00 s.000% 5,275,2s0.00 13,66s,250.00 5.000% 4,8s5,7s0.00 13,650,750.00 5.000% 4,415,500.00 13,66s,500.00 5.000% 3,9s3,000.00 13,563,000.00 s.000% 3,467,s00.00 13,662,500.00 5.000% 2,9s7,7s0.00 L3,662,750.00 5.000% 2,422,s00.00 13,662,500.00 5.000% 1,850,500.00 13,665,500.00 s.000% 1,270,250.00 13,665,250.00 5.000% 5s0,500.00 13,560,500.00 207,570,000 Notes: Structured based on a fixed project amount of 5216,632,L93, assumes no earnings, Cash funded DSRF, assumes no earnings. Assumes ratings of A/A. 199,t97,263.33 406,767,263.33 Oct 13, 2015 4:28 pm Prepared by Bank of America Merrill Lynch Page 4 31 Bankof Am erica* Merrill Lynch EXHIBIT A DEBT SERVICE RESERVE FUND CITY OF MIAMI BEACH, FLORIDA Resort Tax Revenue Bonds, Series 2015 Preliminary- Numbers Deposit lnterest Principal Debt Service Balance t2ltTlzols 13,56s,s00 L2/OLl204s - ,.a,uur,roo -13,66s,s0; 13'66s's00 13,665,500 0 13,665,500 -13,66s,500 Arbitrage Yield: 3.5L79206% Value of Negative Arbitrage: 8,857,781.95 Notes: Structured based on a fixed project amount of 5216,632,L93, assumes no earnings' Cash funded DSRF, assumes no earnings. Assumes ratings of A/A. Oct 13, 2015 4:28 pm Prepared by Bank of America Merrill Lynch Page 5 32 BankofAm erica* Merrill Lynch EXHIBIT A Date ANNUAL DEBT SERVICE COVERAGE CITY OF MIAMI BEACH, FLORIDA Resort Tax Revenue Bonds, Series 2015 Preliminaf Numbers Debt Service Revenues Coverage t2/0L12076 L2IOLl2077 ]-2/otl2oL8 L2/01,120L9 L2/0L/2020 t2l0L/202L L2lot/2022 7210L12023 L2l0L/2024 t2loLl202s t2l0L/2026 t210L12027 L2lOtl2028 t2loLl2029 ].,2101,12030 L2l0t/2031 L2l0t/2032 72lOLl2033 12/0u2034 t2l0u203s L2l0t/2036 12lOLl2037 L2/0L12038 L2loLl2039 L2IOL/2040 tzloLl2o4L L2/0],/2042 L2loL/2043 12lOLl2044 L2lOLl2O4s 10,537,513.33 13,661,750.00 13,662,750.00 13,663,500.00 13,655,500.00 13,663,250.00 13,561,s00.00 13,664,750.00 13,662,250.00 13,663,750.00 13,653,500.00 13,561,000.00 13,660,750.00 13,662,000.00 13,664,000,00 13,661,000.00 13,662,500.00 13,662,500.00 13,665,250.00 13,664,750.00 13,665,250.00 13,660,750.00 13,565,500.00 13,653,000.00 13,662,500.00 13,662,750.00 13,552,500.00 13,665,500.00 13,665,2s0.00 13,660,s00.00 11,066,590.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,715.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,715.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,715.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,715.00 83,308,716.00 83,308,716.00 83,308,716.00 83,308,715.00 83.308,716.00 L05.02t% 609.795% 609.757% 609.777% 609.628% 609.728/o 609.807/o 609.66L% 609.773% 609.706% 609.7t7y. 609.829% 609.840% 609.784/o 609.695% 609.829% 609.762% 609.7620/o 609.639% 609.66t% 609.639% 609.840% 609.628% 609.740% 609.762% 609.75L% 609.762% 609.628% 609.639% 609.851% 406,767,263.33 2,427,0L9,354.00 Notes: Structured based on a fixed project amount of 5216,632,L93, assumes no earnings. Cash funded DSRF, assumes no earnings. Assumes ratings of A/A. Oct 13, 2015 4:28 pm Prepared by Bank of America Merrill Lynch Page 6 33 Bankof Am erica'? Merrill Lynch EXHIBIT A Bond Component 0ate FORM 8038 STATISTICS CITY OF MIAMI BEACH, FLORIDA Resort Tax Revenue Bonds, Series 20L5 Preliminary Numbers Dated Date 72117/20L5 Delivery Date L2lL7l20L5 Principal Coupon lssue Price Redemption at Maturity Bond Component: Term Bond 2040: Term Bond 2045: 12107/2Ot6 L2l0L/2017 t2/0L/2018 L2lOL/2079 t2lot/2020 t2/0u2021 72/O112022 721OL12023 L2lOtl2024 L2lOLl202s 12loL/2026 12/O112027 t2/0112028 12/0112029 72/0112O3O L2l0rl2037 L2107/2032 L2l0L/2033 t2/0L/2034 t2/0t1203s 66s,000.00 3,3s0,000.00 3,485,000.00 3,660,000.00 3,845,000.00 4,035,000.00 4,23s,000.00 4,450,000.00 4,670,000.00 4,905,000.00 5,150,000.00 5,405,000.00 5,675,000.00 5,960,000.00 6,260,000.00 6,570,000.00 6,900,000.00 7,245,000.00 7,610,000.00 7,990,000.00 3.000% 702.M7 4.000% 106.196 5.000% 111.403 5.000% 114.053 5.000% 11s.980 5.000% 117.623 5.000% 118.604 5.000% 119.045 5.000% 7L9.592 5.000% 119.959 5.OO0% 118.330 s.000% 115.820 5.000% 115.425 5.000% 114.141 5.000% 113.325 5.000% 112.695 5.000% 112.158 5.000% 111.713 5.000% Ltt.270 5.000% 110.830 5.000% 109.174 5.000% Lo9.L74 5.000% r09.L74 5.000% 109.L74 5.@0% 709.L74 5.000% 108.571 5.000% 108.571 5.000% 108.571 5.000% 108.571 5.000% 108.571 68t,272.55 3,557,566.00 3,882,394.55 4,L74,339.80 4,459,431.00 4,746,088.05 5,022,879.40 5,297,sO2.50 5,584,946.40 5,883,988.95 6,093,995.00 6,314,121.00 6,550,368.75 6,802,803.60 7,O94,745.OO 7,404,061.50 7,73AP02.00 8,093,605.8s 8,467,647.O0 8,855,317.00 9,159,698.60 9,6L2,770.70 10,098,595.00 10,600,795.40 11,130,289.30 Ll,622,525.55 12,203,380.40 r2,816,806.55 73,457,375.45 14,125,087.10 665,000.00 3,350,000.00 3,48s,000.00 3,660,000.00 3,845,000.00 4,03s,000.00 4,235,000.00 4,4s0,000.00 4,670,000.00 4,905,000.00 5,150,000.00 5,405,000.00 5,575,000.00 s,960,000.00 6,260,000.00 6,570,000.00 5,900,000.00 7,245,000.00 7,610,000.00 7,990,000.00 8,390,000.00 8,805,000.00 9,250,000.00 9,710,000.00 10,195,000.00 10,705,000.00 11,240,000.00 r1,805,000.00 12,395,000.00 13,010,000.00 L2l0tl2o36 8,390,000.00 L2lorl203? 8,80s,000.00 t2lou2038 9,2s0,000.00 t2/0112039 9,710,000.00 72107120p,0 10,19s,000.00 t2/oLl204L 10,70s,000.00 t2/oL12042 11,240,000.00 t2/0t/2043 11,805,000.00 l2lot/2044 12,39s,000.00 72/01/2045 13,010,000.00 207,570,000.o0 231,532,700.95 207,570,000.00 Maturity 0ate lnterest Rate stated weighted lssue Redemption Average Price at Maturity Maturity Yield Final Maturity Entire lssue t2/0t/204s 5.000% 14,125,087.10 13,010,000.00 - 237,532,700.95 207,570,000.00 19.0035 1.5t79% Proceeds used for accrued interest Proceeds used for bond issuance costs (including underwriters'discount) Proceeds used for credit enhancement Proceeds allocated to reasonably required reserue or replacement fund 0.00 1,237,52432 0.00 13,665,500.00 Notes: Structured based on a fixed project amount of S216,632,193, assumes no earnings Cash funded DSRF, assumes no earnings. Assumes ratings ofAlA. Oct 13, 2015 4:28 pm Prepared by Bank of America Merrill Lynch Page 7 34 Bankof Am erica* Merrill Lynch EXHIBIT A DISCLAIMER CIW OF MIAMI BEACH, FLORIDA Resort Tax Revenue Bonds, Series 2015 Preliminary Numbers BofAML lS NOT YOUR MUN|CIPAL ADVISOR OR F|DUCIARY. Bank of America Merrill Lynch ('BofAML') is providing the information contained herein for discussion purposes only either as an underwriter or in anticipation of being engaged to serve as an underwriter. By providing the information contained herein pursuant to the underwriter exclusion provided under SEC Rule 15Ba1-1(d)(2)(i), BofAML is not acting as your'municipal advisor' within the meaning of Section 158 of the Securities Exchange Act of 1934, as amended (the 'Act'), and does not owe a fiduciary duty to you pursuant to the Act with respect to the information and material contained in this communication. BofAML is either serving as an underwriter or is seeking to serve as an underwriter on a future transaction and not as a financial advisor or municipal advisor. The primary role of BofAML, as an underwriter, is to purchase securities with a view to distribution in an arm's-length commercial transaction between you and BofAML and BofAML has financial and other interests that differ from yours. BofAML is acting for its own interests. You should discuss any information and material contained in this communication with any and all of your own internal or external municipal and/or financial, legal, accounting, tax and other advisors and experts, as applicable, to the extent you deem appropriate before acting on this information or material. This material has been prepared by the Public Finance Group and is not a research report and is not a product ofthe fixed income research department of BofAML. This material is for information purposes only, is intended solely for your use, and may not be reproduced, disseminated, quoted or referred to in whole or in part, without our written consent. This material does not constitute an offer or solicitation to sell or purchase any securities and is not a commitment by BofAML or any of its affiliates to provide or arrange any financing for any transaction or to purchase any security in connection therewith. The calculations contained herein are based upon assumptions and information that either you or your advisors provided to BofAML or which BofAML deems in its sole discretion to be appropriate. BofAML makes no representation or warranty as to the accuracy or completeness of this material or these calculations and any and all liability to you or any third parties relating to this material or the calculations is expressly disclaimed. The material and calculations made available to you may not be similar to the information generated by BofAML's or its affiliates proprietary models or valuations that are used for its own purposes or to the models or valuations available from other sources including from other dealers. BofAML assumes no obligation to update or otherwise revise these materials. Values generated by the data or calculations may not reflect actual prices or values that can be obtained in the market at that time and the calculations should not be relied upon for any tax, accounting, legal or other purpose. Notes: Structured based on a fixed project amount of 5216,632,193, assumes no earnings. Cash funded DSRF, assumes no earnings. Assumes ratings of A/A. Oct 13, 2015 4:28 pm Prepared by Bank of America Merrill Lynch Page 8 35 THIS PAGE INTENTIONALLY LEFT BLANK 36 R7 RESOLUTIONS 37 COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE FUND, INTERNAL SERVICE FUND, AND SPECIAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY)2014t15 rrEilr R7A Ensure expenditure trends are sustainable over the long term. Data: N/A ltem Summary/Recommendation : The budgets for the General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue Funds for FiscalYear 2014115 were approved on December 4,2014, with the adoption of Resolution No. 2014- 28860. The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue Funds budgets for FY 2014115 was approved on December 17,2014, by resolution2014-28864. The Second Amendment was approved on Febru ary 11 ,201 5, by resolution 2O15-28919. The Third Amendment was approved on June 10, 2015 by resolution # 2015-29047. Section 166.2a1@)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. Per Florida Statute 166.241, the City has 60 days following the end of the fiscal year to amend a budget for that year. Proposed budget amendments represent the budget amendment required by state lawforfunds, departments, or accounts that exceed their appropriated authority. Based on a detailed third quarter analysis comparing FY 2014115 actual expenditures to budget which will be distributed separately via Letter to Commission (LTC), all expenditures are within FY2014l15 amended budgets per their appropriated authority. The only exceptions are listed below and require a budget amendment per Florida Statute. General Fund: Communications and Citywide Accounts Special Revenue Funds: Sth & Alton Garage and Normandy Shores It should be noted that actual expenditures to date are preliminary in nature due to the fact that the City's financial records will not be closed until after the external auditors complete their review. Historically, this occurs in April, with the City's Comprehensive Annual Financial Report (CAFR) For the Year Ended September 30, 2015, usually available in May and the External Auditor's Report available in July. However, this analysis has considered all year-end entries to date and adjusted for pending entries where appropriate. Financial lnformation: Source of Funds w Amount Account $10,000 5"' & Alton Garage Fund Balance $15,000 Normandy Shores Fund Balance $25,000 TotalAll Funds John Woodruff, OBPI Director Assistant City Manager & MIAMIBHACH BArE l0 - zl-ls38 g AAIAMIBTACH City of Miomi Beoch, l7O0 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov MEMORANDUM TO:Mayor Philip Levine and Members of City FRoM: Jimmy L. Morales, City Manager DATE: October 21,2015 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADO THE FOURTH AMENDMENT TO THE GENERAL FUND, ENTERPRISE INTERNAL SERVICE FUND, AND SPECTAL REVENUE FUND BUDGETS FOR FISCAL YEAR (FY)2014115. ADMINISTRATION RECOMM ENDATION Adopt the resolution amending the FY 2014115 General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue Funds budgets. COMPLIANGE WITH FLORIDA STATUTES The First Amendment to the General Fund, Enterprise Funds, lnternal Service Funds, and Special Revenue Funds budgets for FY 2014115 was approved on December 17, 2014, by resolution 2014-28864. The Second Amendment was approved on February 11, 2015, by resolution 2015-28919. The Third Amendment was approved on June 10, 2015 by resolution # 2015-29047. Section 166.241(4Xc.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the same manner as the original budget. Per Florida Statute 166.241, the City has 60 days following the end of the fiscal year to amend a budget for that year. Proposed budget amendments represent the budget amendment required by state law for funds, departments, or accounts that exceed their appropriated authority. Based on a detailed analysis comparing third quarter FY 2014115 actual expenditures to budget which will be distributed separately via Letter to Commission (LTC), all expenditures are within FY2014115 amended budgets per their appropriated authority. The only exceptions are listed below and require a budget amendment per Florida Statute. General Fund: Communications and Citywide Accounts Special Revenue Funds: sth & Alton Garage and Normandy Shores It should be noted that actual expenditures to date are preliminary in nature due to the fact that the City's financial records will not be closed until after the external auditors complete their review. Historically, this occurs in April, with the City's Comprehensive Annual Financial Report (CAFR) For the Year Ended September 30, 2015, usually available in May and the External 39 Fourth Amendment to the FY 2014115 General Fund, Enterprise, lntemal Service and Special Revenue Funds Budgets Page2 Auditor's Report available in July. However, this analysis has considered all year-end entries to date and adjusted for pending entries where appropriate. PROPOSED AMENDMENTS TO THE GENERAL FUND Preliminary year-end actual expenditures show that the following departments are projected to exceed their amended budget. This variance is made up from savings in several department budgets. A comparison of actual expenditures to the amended budget by Department is provided in Schedule A. The following departments require budget amendments. Communications - The department is preliminarily estimated to be above the amended budget by approximately $50,000. The variance is due primarily to the some key positions being filled at higher salaries than budgeted. 3ommunications Amended Budget Preliminary Actual Difference o/o Overl (Underl Expenditures 1,410,000 1,460,000 50.000 3.1o/t Citywide Accounts- This account is preliminarily estimated to be above the amended budget by approximately $220,000. This is primarily due to accumulated leave payouts projected to exceed the budget by over $800,000. This overage is projected to be offset by other line items being under budget. Citvwide Account Amended Budget Preliminary Actual Difference % Overl (Under' Expenditures 18j22.000 18,342,000 220.000 1.201 PROPOSED AMENDMENT TO THE SPECIAL REVENUE FUNDS The City of Miami Beach currently offers certain programs and activities not supported through the general operating budget, but by outside agency grants and self-supporting user fee programs. These Special Revenue Fund Budgets include: o Resort Tax Fund;o 7th Street Garage Operations;. Sth & Alton Garage Operations;. Art in Public Places;o Tourism and Hospitality Scholarship Program;. Green/SustainabilityFund;o Waste Hauler Additional Services and Public Benefit Contribution Fund; o Education Compact Fund;o Red Light Camera Fund;o Emergency 911 Fund;o lnformation and Communications Technology Fund; o People's Transportation Plan Fund; 40 Fourth Amendment to the FY 2014115 General Fund, Enterprise, lntemal Service and Special Revenue Funds Budgets Page 3 . Concurrency Mitigation Fund;r Miami Beach CulturalArts Council;o Police Special Revenue Account;. Police Confiscation Trust Funds (Federal and State); and. Police Training and School Resources Fundo Residential Housing. Normandy Shoreso Transportation Fund All special revenue funds are projected to be at or under the amended budget, except for the 5h & Alton Garage, which is projected to be above budget by $10,000, primarily due to contract maintenance expenditures trending higher than budgeted for the 2014115 fiscal year; and the Normandy Shores budget, which is projected to be over budget by $t5,000, primarily due to repairs to the entrance gate. CONCLUSION The resolution amending FY 2014115 budgets will allow amendments to the General Fund, and Special Revenue Fund budgets to be enacted. This action is necessary to comply with Florida Statute 166.241, which stipulates that the City has 60 days following the end of the fiscal year to amend a budget for that year. JLM/JW 41 SCHEDULE A FY 2OI4I75 GENERAL FUND FY zOL lLs Adopted Budpet Amended 2OL4lL5 Budset Amended 20L4lts Budget as of 10-21-1s REVENUES Ad Valorem Taxes Ad Valorem Taxes-S Pte Costs Ad Valorem Cap Renewal & Replac Ad Valorem Taxes-Normandy Shores Other Taxes Licenses and Permits lntergovemmental Charges for Services Golf Courses Fines and Forfeitures lnterest Rents and Leases Miscellaneous Other-Resort Tax Contribution Other-Non-Operating Revenues Reserve-Building Department Ops Prior Year-End Surplus Carryover Prior Year Surplus from Parking Fund LL4,420,OO0 11,159,000 2,180,000 145,000 24,389,000 26,111,000 10,496,000 4,8t2,000 6,19&000 2,435,000 3,285,000 7,L20,000 12,581,000 34,084,000 9,075,000 1,500,000 1,687,000 I400.000 L14,420,O00 11,159,000 2,180,000 145,000 24,389,000 26,26L,ON 10,496,000 4,812,000 6,198,000 2,436,O@ 3,285,000 7,L20,0@ 12,581,000 34,359,000 9,076,000 1,500,000 6,511,000 8.400.000 LL4,420,000 11,159,0@ 2,180,000 145,000 24,389,0@ 26,25L,00O 10,496,000 4,812,O00 6,198,000 2,436,O00 3,285,000 7,120,000 1es8L000 34,359,000 9,075,000 1,500,000 6,511,000 R 400 000 rOTAL REVENUES Jnrealized Gains/(Losses) 280,079,000 285,328,000 285,328,000 TOTAL NET OF UNREALIZED GAINS/(LOSSES)280.079.000 285,328,000 285,328,000 Mayor and Commission City Manager Communications Office of Budget & Performance lmprov Organizational Development & Perf lnitiatives Finance Procurement Human Resources/Labor Relations City Clerk City Attorney Housing & Comm Services Building Planning Tourism, Cultural, & Economic Development Code Compliance Parks and Recreation Public Work Capital lmprovement Projects Police Fire Emergency Management Citywide Accounts & Operating Contingency Citywide-Normandy Shores Citywide-Transfers-Capital lnvestment Upkeep Fund Citywide-Transfers-lnfo & Comm Technology Fund Citywide-Transfers-Pay-As-You Go Capital Fund Capital Renewal & Replacement Capital Projects Not Financed By Bonds-MUNIS Reserve-Future Buildins DeDt Needs 1,916,000 3,415,000 1,410,000 2,242,@O 572,O@ 5,308,000 1,657,000 2,L72,OO0 1,374,@O 5,017,000 2,40s,@o 13,s90,000 3,920,000 3,s09,000 5,553,000 29,t47,@O 10,911,000 4,903,000 94,86s,000 63,284,000 8,8s3,000 9,s94000 222,000 2ss,000 395,000 1,400,000 2,180,000 1,916,000 3,415,000 1,410,000 2,262,O00 572,000 5,308,000 1,670,000 2,195,000 1,374,000 5,017,000 2,405,000 13,590,000 3,936,0q) 3,509,000 5,599,000 29,775,000 11,014,000 4,903,000 95,085,000 63,394,000 8,857,000 10,705,000 222,O00 255,000 395,000 1,400,000 2,180,000 1,500,000 1.454.000 50,000 (270,0001 220,000 1,916,000 3,415,000 1,460,000 2,262,O@ 572,O@ 5,308,000 1,670,000 2,195,000 1,374,000 5,017,000 2,405,000 13,590,000 3,936,000 3,509,000 5,599,000 29,505,000 11,014,000 4,903,000 9s,085,000 63,394,000 8,857,000 10,925,000 222,O@ 255,O00 395,000 1,400,000 2,180,000 1,5oo,ooo 1.464.000 IOTAL EXPENDITURES 280.079.0(x)28s,328,000 285,328,000 EXCESS OF REVENUES OVER/(UNDER) EXPENDITURES EXCESS OF REVENUES OVER/(UNDERI EXPENOITURES Nsf oF UNREALTZED GATNS/ILOSSES) ON INVESTMENTS 42 FY 2OL4/ts Adantpd Brrdgpt Amended 2074/75 Budeet Proposed Budg€li: =.ameadmeh! ::i: :.:19"21*n5 ::jii il Amended 20l4l]..5 Budget as of 1G21-15 ENTERPRISE FUNDS REVE N U E/,EXP.EN.DIru RE Convention Center S_anltation .. Sewer Operations Stormwate r O p! !i,atio;-r"9 Water Operations Total Enterprise Funds I NTERNAL SERVI CE FU",ND.S-...-...- REVENUE/EXPENDlruRE Central Services Fleet Manageme-nt lnformation Tech nology Property Management Risk Management Med-lc,al $- Dentat ! nsqlangg-. .. Total lnternal Service Funds L2,162,W 2_Ottr;7!W- 43,276,W 20,ry!w- 33.428.000 l71762!ry ^ 20,430,000 | 43,276,W: : 20.813.000 : 33.428.000 L),L62,W so,207,w 20,430,000 +3,276,W- ?0r813rW9 33,428,000 t79,W,W 180,316,mO 180,316,000 i,,w,,,ooo Lo,7!J,Wl 1sr9?etgqg 9,754,@O 14,524,@O 26.696.m0 1,045,q09 LO,747tW 1.s,s2&q9 9,770,W 14s30-999 25.696.O00 1,glq.qqg tol47,ry 1s,928,q99 9,TtO!ry 14s30,0o0 26,696,000 78,396,(x)0 78,7L7,W 78,7L7,m sPECrAr REVENU ES FU N.D9 REVENUE/EXPENDIruRE Resort Tax 7th Street Garage 5th & Alton Garage Arts in Public Places Tourism and Hospitality Scholarship Programs Education Compact 52,889,QQO , ._." 2,3810QQ , ssTrQQp- ,, 720.gp9 ii 1 2,00"O . . 107,000 ..8J5,900 388,000 1,307r000 2z2,q.o 1.4sO-gqg- 2!73_9,W:l s8o-qqg_ 776,W. Tspgq 4s,q,o-q 77,W Red Light Camera Fund E-911 Fund Cultural Arts Council Normandy Shores People's Transportation Plan Fund Transportation Fund eol ic9...-!-9-11f lgca!! o n-Fe d ergt .P,o!"!_*...."-"c"p:tf ilc.et!o-n--St9te._... Police Special Revenue Potice Train!ne Waste Hauler Fund Resi(ent-Ql.Hougf n"g !1og1g.ry_ . . lnformation and Communication Tech Fund Total Special Revenue Funds 395,000 391000 6s,636-qg0 a38s,oqg s.87,9q 7-8sfgq -L!2,ry 107,000 6s,536,000 i" ..-"-,1 2!38:5tW i ..-sPZ..-qW- zqg,ooo- 14:2tg4- i 104Qq,0_ i .. . 9s6,9Q,0 , ... .895r@o_ i 433,009 : t,4€;7,ry i .... ?70,000 , : L,677_!W' 7,396,W. 7!}@: 2_77!ry--': 7s.goq 45,999 ..............*77-.99-0, 476-rgqg- l 39s,000 : ..8s--6p9.0_ 433,99q i 1,4€;7try ) ?"ss,q!.q t!€;77!W: 7:396,q99 ; 713,W9--.", - ?"7J..W' 71ry:l 45,W: Tt,w: 476,W I 11000 i FY 2OL4/ts Adonted Rrrdoet Amended 20].4/15 Budset Proposed 8ud -" .: Am€.n q.n[ i:., 1G21--15 i Amended 2014/tS Budget as of 1G21-15 FY2O!4/Ls Adnnted Brrdoet Amended 2Ot4/15 Budeet rrc'i#sdd audge! endmenffij r:,:10-21i[5 ifff;fr Amended 2074/L5 Budget as of 1G21-15 75,536,fi)O 84,184,000 25,000 84,209,q)O 43 !&u!+I ftt(Efr tt lElS *f,,.E{m!a&(0*N€TGHBORS I I leNE MIAMIBTACH CITY OF MIAMI BEACH NOTICE OF PUBLIG HEARINGS ocToBER 21,2A15 NOTICE IS TIEREBY given that the following public hearings witl be held by the Mayor and City Commissioners of the City of Miami Beach. Florida, in the Comrnission Chambers, Third Floor, City Hall, 1700 Conventior: Cantar Drive, Miami Beach, Florida, on October 21.2015, at the times listed, or as sQon th€reafter as the matter can be heard: 5:05 p.m, An Ordinance AmendingThe Code OfThe Caty Of Miaml Beacfr. Florida By Amending Chapter 142, "Zoniag Districts And Regulationsj' Article ll. " District Regulationsj' Division 5, " CD-z Commercial Mediu nr lntensity Districtj' At Section '!42-305, "Prohibited Usesj' By Adding Bars. Dance Halls, And Entertainmant Estabtishments As Prohibited Uses Within The CD-Z, Sunset Harbour Neighborhood, Generally Bounded By Purdy Avenue, 20ch Street, Alton Road And Dade Boulevard; Providing For Codification; Flepealer; Severability; Applicability; And An Effective Date. tnquiries may be directed to the Planning Oepariment at 305.673.7550- 5106 p.m. A Resolution AdoptingThe Fourth ArnEndmentToThe General Fund, Enterprise Fund, lnternal Service Fund, And Special Bevenue Fund Budgets For FiscalYear (FY) 2014115. lnquiries may be directed to the Budget & Performance lmprovement Department at 305.673.751O. TNTERESTED PAHTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, clo the City Clerk, '1700 Convention Center Drive, 1*t Floor, City Hall. Miami Beach, Florida 33'139. Copies of these items are available for public inspection during norrnal business hours in the Office of the City Clerk, 1700 Convention Center Drive, 1o FIoot City Hall, Miami Beach, Ftorida 33139.This meeting, or any item herein, may be continued, and under such circumstances, additional legal notice need n$t be provided. Pursuant to Section 28S.0105, Fla- Stat., the City hereby advises the public that if a person decidas to appeal any decision rtrade by the City Commission with re€pect to any matter considered at its meeting or its hearing, sueh person must ensLre that a verbatim record of the proceedings is rnade, which record includes the testimony and evidence upon which the appeal isto be based.Tlris notice does nct conslitute eonsent by the City for the introduction or admission of otherwise inadmissible or irrelevani evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To reqr:est this material in alternate format, sign language interpreter (five-day notice required), information oil access for persons with disabilities, and/or any accommodation to revlew any document or participate in any City-sponsored prcceedings, calt 305.604-2449 and select 1 for English or 2 for Spanish, then option 6;TTY usors may call via711 {Florida Relay Service). Rafael E. Granado, CitY Clerk City of Miami Beach Ad 11s0 44 RESOLUTION TO BE SUBMITTED 45 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting, Pursuant To Article 6 Of The Construction Manager At Risk Agreement ("Agreement") Between The City And Clark Construction Group, LLC ("Clark") For The Miami Beach Convention Center Renovation And Expansion Project ("Project"), A Guaranteed Maximum Price ("GMP") For The Prolect ln The Amount of $515,458,058.00; Approving And Authorizing The Mayor And City Clerk To Execute The GMP Amendment To The Agreement; Authorizing The Direct Purchase Of Materials And Equipment ln Accordance With The Agreement; Authorizing The City Manager To Bind Coverage For Builder's Risk And Other lnsurance For The Project ln An Amount Not- To-Exceed $11,600,000.00 (Net Of Non-Construction Related Premiums For On-Going Convention Center Operations); Establishing A City Contingency For The Project, For Use By The City, ln The Amount Of $35,000,000.00; And Delegating To The City Manager The Authority To Use The City Contingency To Execute Any Project-Related Agreements Or Contract Amendments As May Be Necessary For The Successful Delivery Of The Proiect, With To The City Commission With Reqard To Utilization Thereof. lmprove alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture, entertainment & tourism. Data (Surveys, Environmental Scan, etc) NiA On May 20, 2015, the Mayor and City Commission adopted Resolution No. 2015-29028, approvinglhe Agreement between the City and Clark Construction Group, LLC, authorizing pre-construction services for the Project and specifying the terms and conditions for the development and negotiation of a Guaranteed Maximum Price ("GMP") for the construction phase services for the Project. City and Clark have negotiated a proposed GMP for the Project in the amount of $515,458,058.00, based on the 65% GMP Documents developed by Fentress Architects. ln total Clark received 194 bids, and 3 or more companies bid on 97.8% if the work. The trade bidding process was monitored by the City's Owner Representative, Hill lnternational (Hill). The GMP Amendment is attached hereto as Exhibit A. lnsurance: Due to general liability insurance for a project that is open for events while under construction, opening the entire facility twice for Art Basel in a partially constructed building, and due to the large renovation component of a fairly old building, insurance costs are significantly higher than originally expected. The City will work with the City's Risk Management Division, an insurance broker and/or Clark to bind appropriate coverage at competitive rates. These policies need to be in place in early December, prior to construction commencement. Accordingly, I request the authority to bind coverage for builder's risk and other insurance policies for the Prolect in an amount not-to-exceed $1 1,600,000 (net of non-construction related premiums for on-going Convention Center operations, currently budgeted at $2.3 million annually). I will report back to the Commission the results of the competitive process or,.if necessary, come back to the Commission if any additional approvals are required. City Continqency: The Administration recommends the establishment of a separate fund established outside of the GMP for use by the City for Project-related costs, in the amount of $35,000,000.00, to cover any additional Project-related expenses for which City is responsible under the Agreement; additional services or other expenses chargeable to the City under existing Project-related agreements, such as additional design services if required of Fentress Architects, or additional Owner's Representative services if required of Hill lntemational, lnc.; and other third-party agreements or expenses as may be necessary for the successful delivery of the Project, with monthly reporting to the City Commission with respect to the progress of the Project and the utilization of the City Contingency. The Administration recommends the City Commission adopt the Resolution. Financial Board Recommendation: Clerk's Office Tracki AGENOA ITEM DATE Source of,#=4 lepr Amount Account 1 $ 2s,000,000 Line of Credit Fund 443, with any use refunded by bonds 2 $537,058,058 Future RDA, Resort Tax and Parking Bonds Total $562,058,058 Financial lmpact Summary: N/A Maria Hernandez. ext. 2584 Assistant Gity Manager MIAMIBEACH 21 \Clark GMP Amendment\MBCC 46 ISSION MEMORANDUM issionTO: FROM: DATE: SUBJECT: Total NTP-1 BEACH, FLORIDA, AC PURSUANT TO ARTICLE 6 OF THE CONSTRUCTION MANAGER AT AGREEMENT ("AGREEMENT") BETWEEN THE ClrY AND CLARK CONSTRUCTTON GROUP, LLC (,,CLARK") FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT ("PROJECT"), A GUARANTEED MAXIMUM pRtCE (,,GMp") FOR THE PROJECT !N THE AMOUNT OF $515,458,058.00; APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE GMP AMENDMENT TO THE AGREEMENT; AUTHORIZING THE DIRECT PURCHASE OF MATERIALS AND EQUIPMENT IN ACCORDANCE WITH THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO BIND COVERAGE FOR BUILDER'S RISK AND OTHER INSURANCE FOR THE PROJECT lN AN AMOUNT NOT-TO-EXCEED $11,600,000.00 (NET OF NON- CONSTRUCTION RELATED PREMIUMS FOR ON.GOING CONVENTTON CENTER OPERATIONS); ESTABLISHING A CITY CONTINGENCY FOR THE PROJECT, FOR USE BY THE CITY, lN THE AMOUNT OF $35,000,000.00; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO USE THE CITY CONTINGENCY TO EXECUTE ANY PROJECT.RELATED AGREEMENTS OR CONTRACT AMENDMENTS AS MAY BE NECESSARY FOR THE SUCCESSFUL DELIVERY OF THE PROJECT, WITH MONTHLY REPORTING TO THE CITY COMMISSION WITH REGARD TO UTILIZATION THEREOF. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME lmprove alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture, entertainment & tourism. FUNDING The following funding sources will be used for three notices to proceed (NTP) issued to Clark: NTP - 1: $ 25,000,000 Line of Credit Fund 443, with any use refunded by bonds NTP - 2: $480,458,058 Proposed Future RDA, Resort Tax and Parking Bonds NTP - 3: $ 10.000.000 Proposed Future RDA, Resort Tax and Parking Bonds MIAMIBEACH City of Miomi Beoch, l 200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov CO Mayor Philip Levine and Members the City Jimmy L. Morales, City October 21,2015 A RESOLUTION OF THE MAYOR 4ND CITY COMMISSION OF THE CITY OF MIAMI $515J158*058 Up to a not-to-exceed maximum amount of $25,000,000 no later than November 5, 2015, to authorize early procurement of Work as may be required to maintain the critical path schedule for the Project and other enabling Work. Until such time as NTP2 is issued and City obtains bond financing required for the Project, City shall have no liability or obligation whatsoever to Construction Manager or the 47 Guaranteed Maximum Price (GMP) Amendment for Clark Construction Group, LLC for the Miami Beach Convention Center Renovation and Expansion Project October 21 , 2015 Page 2 of 7 NTP-2 Subcontractors under the GMP Amendment or the other Contract Documents for any amounts in excess of NTP1. Up to a not-to-exceed maximum amount of $480,458,058 once the bond financing has closed. NTP-3 Up to a notto-exceed maximum amount of $10,000,000 once the park design is compete. BACKGROUND On March 2, 2015 the City issued Request for Proposals (RFP) No. 2015-129-ME for construction manager at-risk services for the Prolect. On May 20, 2015, the Mayor and City Commission adopted Resolution No. 2015-29028, approving the agreement with Clark Construction Group, LLC ("Clark") for construction manager at-risk services for the Project ("Agreement"). The Agreement set forth the terms and conditions for all construction manager at-risk services, provided for a fixed fee for Preconstruction phase services of $2,594,073, and required Clark to propose for City Commission approval a Guaranteed Maximum Price ("GMP") Amendment. ANALYSIS The GMP Amendment is attached hereto. lt includes the overall budget, Clark's GMP, GMP Drawing Set, clarifications and assumptions, owner's budget, and schedule. Overall Budget The following summarizes the overall project budget. Trade Costs Contractor (Clark) Soft Costs: General Conditions (Clark Staffing) General Requirements Payment & Performance Bond General Liability lnsurance Construction Manager at-risk Fees (3.8%) Construction Manager's Contingency Convention Center Facility GMP Other GMP ltems (lncluding all mark ups) P-Lot Park (allowance) Storm water Drainage Culvert Subtotal TotalGMP Direct Purchase Tax Savings (Estimate) Net Total GMP $410,205,803 66.62% 24,465,886 14,760,103 3,708,000 1,807,650 17,288,003 29.747.613 501,983,058 81.53% 10,000,000 1.62% 0.56% 2.19o/o 83.72o/o -O.97o/o 3.475.000 13.475.000 515,458,058 -6,000.000 3.97o/o 2.40% 0.60% o.29% 2.81o/o 4.83% 509,458,058 82.74% 48 Guaranteed Maximum Price (GMP) Amendment for Clark Construction Group, LLC for the Miami Beach Convention Center Renovation and Expansion Project October 21, 2015 Page 3 of 7 Owner's (City's)Cost: City Staffing & Expenses Consultant Fees (SAG) Owner's Rep (Hill lnt'l) Design Fees (Fentress) Owner's Cost Estimator (US Cost) Pre GMP CMAR Fee (Clark) Testing & lnspections Permit & Plan Reviews Site Studies / Other Public Art (AIPP) MBCC FF&E I nsurance (Al lowance): o GL Wrap o Builder Ris]</Building (net) . Professional Liability Umbrella Carl Fisher Renovation (Allowance) Total Owner's Cost Subtotal Owner's (City's) Contingency Total Project Budget 1,561,000 0.25% 1,047,725 0.17% 5,585,673 0.e1% 26,669,442 4.33% 400,030 0.06% 2,594,073 0.42% 2,328,943 0.38% 2,400,000 0.3e% 847,041 0.140/0 6,900,000 1.120h 6,830,945 1.11% 9,000,000 1,600,000 1,000,000 2.500.000 71 ,264,872 11.570/o 580,722,930 94.32% 35,000,000 5.68% $615,722,930 100.00% 1.46% 0.26% 0.16% 0.41yo Trade Costs - The trade cost budget was developed through a bidding process managed by Clark for the major first tier subcontract work, in accordance with the Agreement approved by the Mayor and City Commission pursuant to Resolution No. 2015-29028. The trade bidding process was monitored by the City's Owner's Representative, Hill lnternational (Hill). The following is a summary of the process: . Clark issued a notice to potential subcontractors to participate in a Subcontractor Networking Event held on July 30, 2015. The notice was sent to over 1,000 potential bidders in the Clark database, a notice was posted in regional newspapers (Miami Herald, Daily Business Review, and the Orlando Sentinel), and notifications were sent to ABC East Florida, Broward Biz, Dodge, Miami Chamber of Commerce, Miami Dade Chamber of Commerce, Miami Dade Government, Small Business Administration, and South Florida Associated General Contractors. The networking event had over 175 subcontractors and vendors sign up with actual attendance over 225. . Clark issued a Request For Proposals to potential subcontractor bidders in early August. A notice was sent to the subcontractors in Clark's database, regional newspapers, and the other organizations listed above. . On August 20, Fentress Architects issued a "GMP Drawing Set" with 65% complete construction documents. The set included 2,250 drawings, and 3,000 pages of specifications. Clark created 62 separate trade bid packages from the GMP Drawing Set, and issued RFP's to the qualified bidders, which included scope descriptions to facilitate comparable bidding. The 62 trade packages were those traditionally utilized in the industry, such as electrical, plumbing, HVAC, concrete, steel, demolition, audio visual, etc. Bidders were asked to prepare a base bid consistent with the GMP Drawing 49 Guaranteed Maximum Price (GMP) Amendment for Clark Construction Group, LLC for the Miami Beach Convention Center Renovation and Expansion Project October 21, 2015 Page 4 of 7 Set. ln addition, they were asked to provide voluntary alternates to be considered that reduced costs or schedule provided they offered the same function, warrantee, and performance as the base specifications. o Each trade bid was deposited in an electronic lock box and reviewed by Clark, Fentress Architects and their engineering disciplines, and the City's Owner's Representative (Hill lnternational). Each bidder invariably interpreted the voluminous number of drawings and specifications differently. Therefore, Clark, with oversight by Hill, and Fentress Architects and their sub consultants met with each bidder to review their scope, understand any differences and deficiencies, and then requested from each bidder a final proposalwith the refined scope. . There are seven trade packages that represent roughly 50% of the trade costs and are critical path trades. These include electrical, plumbing, HVAC, window wall, exterior "fins', audio-visual, and elevators/escalators. For these trades, the bidding process has been completed, and in each case the lowest qualified bidder was selected by Clark. By selecting these key trades prior to the GMP, it eliminated a portion of the bidding risk in the GMP. . Three more trades, demolition, concrete and steel, represent the next 25o/o of the trade costs. Bids have been received from these three trades and the scoping meetings have occurred. However, the subcontractors have not been selected. The final selection of these trades will occur shortly after the City Commission approves the GMP. . For the remaining 25o/o of the trade contracts, bids have been received and reviewed, but not scoped yet. Clark prepared an estimate for these remaining trades based on the bid information. lndependently, the City's cost estimator (US Cost) prepared an estimate for these trades, and Clark, US Cost, Hill, and SAG reconciled the two estimates for inclusion in the GMP. These trade contracts will be finalized over the next few months. ln total, Clark has received 194 bids, and three or more companies bid on 97.8o/o of the work. There will be opportunities for further sub-contracting of these 62 primary subcontracts. Clark estimates there will ultimately be up to 300 subcontractors, sub-subcontractors, and suppliers involved in the prolect. Clark will implement a number of initiatives to promote further involvement, including the posting of contact information for each primary subcontractor, as well as a listing of opportunities at http://www.mbccrenovation.com/. General Conditions - General conditions represent the costs related to Clark's management team for the project, as well as their on-site overhead costs such as office trailers, utilities, and technology needs as delineated in the Agreement. The staffing plan was developed in conjunction with Hill and SAG. The plan includes 44 tull time (varies over time) staff on-site and 15 part time staff off-site, totaling 193,203 hours and an average all-in cost of $110 per hour. The Construction Manager At-Risk Agreement provides for a reduction in these costs if the budgeted staff hours are not ultimately required. General Requirements - General requirements provide for miscellaneous costs to execute the construction. These include cranes, equipment, temporary partitions, temporary shoring, dumpsters, fire watch, security guards, site cleaning, and other similar costs. 50 Guaranteed Maximum Price (GMP) Amendment for Clark Construction Group, LLC for the Miami Beach Convention Center Renovation and Expansion Project October 21 , 2015 Page 5 of7 Payment & Performance Bond - Cost of the payment and performance bond related to the construction of the project. General Liability lnsurance - Cost of Clark's general liability insurance required under Construction Manager At-Risk Agreement. This is separate from other insurance required for the Project. CMAR Fees (3.8%) - Clark's fee as previously approved by the City Commission in the Construction Manager At-Risk Agreement, equates to 3.8% of the costs under the control of Clark. Gonstruction Manager's Contingency - Funds for Clark's use for risks assumed by Clark in providing the GMP with uncertainties that are beyond their control as specified in the GMP Amendment. Costs payable from the CM's Contingency include additional costs of the Project that are reasonably inferable from the 65% complete design documents, bid escalation costs if actual trade bids are higher than those budgeted, costs for implementing a hurricane preparedness plan, and other Clark costs as defined in the Agreement. Convention Center Facility GMP - The guaranteed maximum price for construction of the convention center is $502 million, 0.33% higher than the conceptual budget of $500.3 million. Other GMP ltems - ln additional to the convention center construction, the GMP will include can allowance for the P-Lot Park and the costs for an underground storm water pipe through the convention center site to move off-site storm water from 17th Street to the Collins Canal. Total Guaranteed Maximum Price (GMP) - The guaranteed maximum price is $515,458,058 for the convention center expansion and renovation, the convention center (P-lot) park, and the storm water pipe. Shared Savings - lf actual costs are below the Guaranteed Maximum Price, the savings are to be allocated 75o/o to the City and 25o/o to Clark. Direct Purchase Tax Savings - The City plans to purchase certain materials directly. The sales tax savings from any items purchased directly by the City will be a deductive change order to the GMP, with 100% going to the City. This anticipated sales tax savings are estimated to be $6,000,000. Owner's (City's) Costs - The City is directly responsible for various costs related to the project. Contracts for several of these items have already been approved by the City Commission, including those for design (Fentress), owner's representative (SAG/Hill), and Pre- GMP services (Clark). Other City costs include those for testing and inspection, permit & plan reviews, Art in Public Places, furniture, fixtures & equipment, an allowance to renovate the historic Carl Fisher Clubhouse, and insurance. !nsurance - lnsurance costs include coverage for the following: . General Liability and Excess Liability for third-party claims for property damage and bodily injury as a result of construction activities. The limits of liability are targeted to be $200,000,000, with a $250,000 deductible. 51 Guaranteed Maximum Price (GMP) Amendment for Clark Construction Group, LLC for the Miami Beach Convention Center Renovation and Expansion Project October 21, 2015 Page 6 of 7 . Property (including Builders Risk) insurance is for "All Risk" coverage including flood/ earthquake/named windstorm and equipment breakdown inclusive of all renovation, remodel and expansion of the Convention Center. The total insured values are targeted be $700,000,000 with a loss limit $600,000,000 subject to named windstorm limit of $50,000,000, and a flood sublimit of $25,000,000. The named windstorm deductible is targeted to be 5o/o of value at risk at the time of loss, subject to a $1,000,000 minimum. The all other perils deductible is targeted to be $100,000. The amount budgeted is net of the building insurance that is within the Convention Center's operating budget. The City anticipates consolidating the Builder's Risk coverage (for construction) and the City's existing Property lnsurance coverage (for Convention Center operations) under one master policy, given that the MBCC will be in operation during construction. . Owner's Protective Professional and Pollution Liability lnsurance (OPPI) protects the City from both pollution and professional liability in the event the City is brought into a legal action and the contractor's or architect's insurance has either been exhausted or the claim exceeds their limits provided. Policy limits are targeted to be at least $10,000,000. Worker's Compensation insurance providing for work related injuries is not included in the insurance budget. The individual contractors providing labor to the Project are providing this insurance and the costs are included in the trade costs. lnsurance costs are significantly higher than originally expected. This is due to general liability insurance for a project that is open for events while under construction, opening the entire facility twice for Art Basel in a partially constructed building, and due to the large renovation component of a fairly old building. The City will work with the City's Risk Management Division, an insurance broker and/or Clark to bind appropriate coverage at competitive rates. These policies needed to be in place in early December, prior to construction commencement. Accordingly, I request the authority to bind coverage for builder's risk and other insurance policies for the Project in an amount not-to-exceed $11,600,000 (net of non-construction related premiums for on-going Convention Center operations, currently budgeted at $2.3 million annually). I will report back to the Commission the results of the competitive process or, if necessary, come back to the Commission if any additional approvals are required. Owner's Contingency - lt is recommended that the City have an Owner's Contingency of $35 million for the Project, to cover any additional Project-related expenses for which City is responsible under the Agreement; additional services or other expenses chargeable to the City under existing Project-related agreements, such as additional design services if required of Fentress Architects, or additional Owner's Representative services if required of Hill lnternational, lnc.; and other third-party agreements or expenses as may be necessary for the successful delivery of the Project. Decisions related to the use of the Owner's Contingency in construction projects often needs to be made timely to keep the project on schedule. These changes may require a change order to the construction manager, or may need to be expenditures to third parties. Where practical, I intend to seek advance approval from the City Commission. Where not, I request the authority to use the Owner's Contingency to provide for Owner project costs outlined in the Agreement, and/or to execute other agreements with third-parties as may be necessary for the successful delivery of the Project. I will provide a monthly Owner's Contingency Report outlining its uses 52 Guaranteed Maximum Price (GMP) Amendment for Clark Construction Group, LLC for the Miami Beach Convention Center Renovation and Expansion Project October 21, 2015 Page 7 of 7 by line item and the remaining balance. We will have a similar report from Clark related to the use of the Construction Manager's Contingency. Total Project Budget - The total project budget is $615,722,930. Schedule - The GMP amendment provides for a substantial completion date of June 30, 2018. Clarifications - The Clarifications outlines'assumptions Clark has made in the GMP when the 65% GMP Drawing Set was incomplete. This will assist Fentress with completing the design and with minimizing disputes as to what was included in the GMP. CONCLUSION / RECOMMENDATION The Administration recommends that the Mayor and City Commission hereby accept a resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting, pursuant to article 6 of the Construction Manager At Risk Agreement ("Agreement") between the City And Clark Construction Group, LLC ("Clark") for the Miami Beach Convention Center Renovation and Expansion Project ("Project"), a Guaranteed Maximum Price ("GMP") for the Project in the amount of $515,458,058.00; approving and authorizing the Mayor and City Clerk to execute the GMP Amendment to the Agreement; authorizing the direct purchase of materials and equipment in accordance with the Agreement; authorizing the City Manager to bind coverage for builder's risk and other insurance for the Project, in an amount not-to-exceed $11,600,000.00 (net of non- construction related premiums for on-going Convention Center operations); establishing a City Contingency for the Project, for use by the City, in the amount of $35,000,000.00; and delegating to the City Manager the authority to use the City Contingency to execute any project-related agreements or contract amendments as may be necessary for the successful delivery of the project, with monthly reporting to the City Commission with regard to utilization thereof. Attachments: GMP Amendment JLM / MH T:\AGENDA\201S\October\MBCC Oct 21\Clark GMP Amendment\MBCC CMR GMP - MEMO.docx 53 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING, PURSUANT TO ARTICLE 6 OF THE CONSTRUCTION MANAGER AT RISK AGREEMENT ("AGREEMENT") BETWEEN THE CITY AND CLARK CONSTRUCTION GROUP, LLG ("CLARK") FOR THE MIAMI BEACH CONVENTTON CENTER RENOVATTON AND EXPANSTON PROJECT (,,PROJECT"), A GUARANTEED MAXTMUM PRTCE ("GMp") FOR THE PROJECT tN THE AMOUNT OF $515,458,058.00; APPROVING AND AUTHORIZING THE MAYOR AND GITY CLERK TO EXEGUTE THE GMP AMENDMENT TO THE AGREEMENT; AUTHORIZING THE DIRECT PURCHASE OF MATERIALS AND EQUIPMENT IN ACCORDANCE WITH THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO BIND COVERAGE FOR BUILDER'S RISK AND OTHER INSURANGE FOR THE PROJECT IN AN AMOUNT NOT.TO.EXCEED $11,600,000.00 (NET oF NoN-CoNSTRUCTION RELATED pREMtUMS FOR ON-GOING CONVENTION CENTER OPERATIONS); ESTABLISHING A CITY CONTINGENCY FOR THE PROJECT, FOR USE BY THE CITY, tN THE AMOUNT OF $35,000,000.00; AND DELEGATING TO THE Clry MANAGER THE AUTHORIW TO USE THE CITY CONTINGENCY TO EXECUTE ANY PROJECT.RELATED AGREEMENTS OR CONTRACT AMENDMENTS AS MAY BE NECESSARY FOR THE SUCCESSFUL DELIVERY OF THE PROJECT, WITH MONTHLY REPORTING TO THE CITY COMMISSION WITH REGARD TO UTILIZATION THEREOF. WHEREAS, Request for Proposals No. 2015-129-ME (the RFP) was issued on March 2,2015, with an opening date of April g, 2015; and WHEREAS, on April 29,2015, the City Commission adopted Resolution No.2015- 29889, accepting the recommendation of the City Manager to award the RFP to Clark and authorized the Administration to enter into negotiations with Clark, subject to prior approval of the final agreement by the Mayor and City Commission; and WHEREAS, on May 20,2015, the Mayor and City Commission adopted Resolution No. 2015-29028, approving the CM-at-Risk Agreement between the City and Clark Construction Group, LLC, authorizing pre-construction services for the Project and specifying the terms and conditions for the development and negotiation of a Guaranteed Maximum Price ("GMP") for the construction phase services for the Project ("Agreement"); and WHEREAS, since May 20,2015, Fentress Architects, the City's architect of record for the Project, has advanced the design documentation for the Project, and City and Clark have developed and negotiated a proposed GMP for the Project in the amount of $515,458,058.00; and WHEREAS, the Administration recommends that the Mayor and City Commission accept the proposed GMP and approve the GMP Amendment attached hereto as Exhibit "A;" and WHEREAS, the Administration recommends that the City Manager be delegated the authority to bind builder's risk and other appropriate insurance for the Project in an amount not- to-exceed $11,600,000.00 (net of non-construction related insurance premiums for on-going 54 Convention Center operations), and further recommends the establishment of a City Contingency, a separate fund established outside of the GMP for use by the City for Project- related costs, in the amount of $35,000,000.00, to cover any additional Project-related expenses for which City is responsible under the Agreement; additional services or other expenses chargeable to the City under existing Project-related agreements, such as additional design services if required of Fentress Architects, or additional Owner's Representative services if required of Hill lnternational, lnc.; and other third-party agreements or expenses as may be necessary for the successful delivery of the Project, with monthly reporting to the City Commission with respect to the progress of the Project and the utilization of the City Contingency. 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, pursuant to Article 6 of the Construction Manager at Risk Agreement ("Agreement") between the City and Clark Construction Group, LLC ("Clark") for the Miami Beach Convention Center Renovation and Expansion Project ("Project"), a Guaranteed Maximum Price ("GMP") for the Project in the amount of $515,458,058.00; approve and authorize the Mayor and City Clerk to execute the GMP Amendment attached hereto as Exhibit "A"; authorize the direct purchase of materials and equipment in accordance with the Agreement; authorize the City Manager to bind coverage for builder's risk and other insurance for the Project, in an amount not-to-exceed $11,600,000.00 (net of non-construction related premiums for on-going Convention Center operations); establish a City Contingency for the Project, for use by the City, in the amount of $35,000,000.00; and delegate to the City Manager the authority to use the City Contingency to execute any Project-related agreements or contract amendments as may be necessary for the successful delivery of the Project, with monthly reporting to the City Commission with regard to utilization thereof. PASSED AND ADOPTED this _ day of October, 2015. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor APPROVED AS TO FORM & TANGUAGE 55 GMP AMENDMENT AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF MIAMI BEACH AND CONSTRUCTION MANAGER FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT Pursuant to the Agreement dated May 21, 2015 between the City and (name of firm) (Construction Manager) for the Miami Beach Convention Center Renovation and Expansion Project ("Project"), the City and Construction Manager hereby agree to amend and modify the Agreement by this GMP Amendment, dated and effective as of October 22,2015, to establish a Guaranteed Maximum Price for the Project and time for completion of the Construction Phase of the Project as set forth below. This GMP Amendment and any Notices to Proceed provided hereunder is and shall be subject to and contingent upon satisfaction of the conditions set forth in Section 3.1.7 of the Agreement. ARTICLE 1 SCOPE OF WORK Construction Manager shall be responsible for and shall perform all Work delineated in and reasonably inferable from the Contract Documents, including the GMP submission attached hereto as Exhibit "A" (the.GMP Submission"), which are hereby incorporated into and made a part of the Amendment by this reference: ARTICLE 2 GUARANTEED MAXIMUM PRICE Construction Manager's Guaranteed Maximum Price for the Work (including the estimated Cost of the Project as defined in Section 8 of the Agreement, the Construction Manager's Construction Overhead and Profit Fee and General Conditions Fee as defined in Section 7 of the Agreement, and the Construction Manager's Contingency as defined in Article 6 and set forth below), is $515,458,058.00 (the "GMP"), which includes the following: 2.1 The Subcontract Costs for Work of Subcontractors and Suppliers selected pursuant to Article 4 of the Agreement, for the entire Work anticipated on this Project, is estimated at $410,205,803.00, and said amount stated in this Section 2.1 is included within the GMP. 2.2 The General Conditions Fee for all general conditions items and expenses as defined in Section 7.1.2 of the Agreement, for the entire Work anticipated on this Project are hereby established as a lump sum amount of $24,465,886.00, and said lump sum amount stated in this Section 2.2 is included within the GMP. The items included as General Conditions expenses are listed in Exhibit "A" hereto, which shall be payable pursuant to the Monthly GC Payment Schedule included within Exhibit "A." Construction Manager acknowledges and agrees that the City shall have no liability for any General Condition costs or expenses, either listed in the GMP Submission or specified in Section 7.1.2 of the Agreement, beyond payment of the lump sum stated in this Section2.2and Construction Manager agrees that it shall not be entitled to receive any additional compensation from the City for the General Conditions beyond the lump sum amount unless expressly adjusted by a Change Order in accordance with the Contract Documents. 2.3. The Construction Overhead and Profit Fee as defined in Section 7.1.3 o'f the Agreement, for the entire Work anticipated on this Project, shall be 3.80% of the Cost of the Project (as identified in Section 2.1 above) plus the Construction Manager's General Conditions Fees (as identified in Section 2.2 above), and is included in the GMP. The Construction Overhead and Profit Fee for Change Orders or Construction Change Directives shall be 3.80% of the Costs of the Project associated with the Work that is the subject of the Change Order or Construction Change Directive, except for Change Orders for an 56 extension of the Contract Time due to Excusable Delays, for which Construction Manager expressly acknowledges and agrees that it shall not receive any Construction Overhead and Profit Fee and its sole and exclusive remedy is as provided for in the Agreement. For Subcontractors and Suppliers, the overhead and profit markups or fees for Change Orders or Construction Change Directives shall not exceed fifteen percent (15o/o) of the Cost of the Project associated with the Work that is the subject of the Change Order or Construction Change Directive. 2.4 A Construction Manager's Contingency, which shall only be used for the limited purposes specified in Subsection 6.4.1 of the Agreement, is hereby established in the amount of $29,747,613.00, and said amount stated in this Section 2.4 is included within the GMP. ln no event shall the use of the Construction Manager's Contingency cause for the GMP to be exceeded. The Construction Manager shall be solely responsible for all costs that exceed the GMP (as adjusted by Change Order or Construction Change Directive), without any reimbursement from the City. Construction Manager shall use all diligent, good-faith efforts to maximize cost savings and minimize use of the Construction Manager's Contingency. Draws made against the Construction Manager's Contingency shall be made as specified in and to the limited extent permitted by the Contract Documents. 2.5. The City retains exclusive use and control of the City's Contingency, and all expenditures must be approved in writing by the City Manager or Project Coordinator by Change Order or Construction Change Directive in accordance with the Contract Documents. Construction Manager shall not proceed with any portion of the Work, which it intends to charge against the City Contingency without notifying the City in accordance with Section 6.4.2 of the Agreement. Any unused City Contingency remaining at the completion of the Project shall accrue solely to the City, and shall not be used for purposes of calculating any Project Cost Savings. 2.6 Applications for Payment of the Cost of the Project, General Conditions Fee, the Construction Overhead and Profit Fee shall be made monthly based upon the percent completion of the Work for each particular month and in accordance with the Contract Documents. The percent completion shall be based on the updated and City-approved Construction Schedule as required by the Contract Documents. The Construction Manager will be required to furnish documentation evidencing all expenditures for which it seeks payment or reimbursement, and demonstrating that the costs incurred were necessary for the Work, in accordance with the Contract Documents, including Article 11 of the Agreement. 2.7 Construction Manager recognizes that this Contract includes work for trench excavation in excess of five feet deep. Construction Manager acknowledges the requirements set forth in Section 553.63 of the Florida Statutes entitled Trench Safety Act. Construction Manager certifies that the required trench safety standards will be in effect during the period of construction of the Project and Construction Manager agrees to comply with all such required trench safety standards. The amount of $10,000.00 has been separately identified for the cost of compliance with the required trench safety standards; said amount is included within the GMP. 2.8 The GMP may be adjusted pursuant to the terms herein for Change Order and Construction Change Directive in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The Construction Phase Commencement Date for the Work is November 5, 2015. The total period of time beginning with the Construction Phase Commencement Date through the date required for Substantial Completion of the Work is 969 calendar days ("Contract Time"). THE SUBSTANTIAL COMPLETION DATE IS THEREFORE ESTABLISHED AS JUNE 30,2018. 3.2 Pursuant to this Agreement, the parties have established the limitations of liability and liquidated damages rates setforth in Section 5.1.3.1, which the parties acknowledge and agree apply to this GMP 57 Amendment and Construction Manager's responsibility to complete the Work within the Contract Time and achieve the Milestones as stated therein. ARTICLE 4 ADDITIONAL PROVISIONS 4.1. Pursuant to Subsection 2.5.2.3 of the Agreement, the Construction Manager hereby acknowledges and agrees that it shall not be entitled to an adjustment in the Project Schedule or the Guaranteed Maximum Price based on general or local conditions affecting the Project, the Project Site and/or the performance of the Work, except as otherwise provided in the Contract Documents, and the Construction Manager waives and releases City from any and all Claims associated therewith. 4.2. Pursuant to Subsection 5.6.3 of the Agreement, except to the limited extent of reasonable acceleration costs funded from the City's Contingency pursuant to Subsection 5.2.3.b. to regain lost schedule progress directly resulting from Excusable Delays, the Construction Manager hereby acknowledges and agrees that its pricing of the Work and the determination of the Guaranteed Maximum Price is expressly based upon the Construction Manager's assuming the cost risks of taking all steps that may be necessary, including implementation of a Recovery Schedule, acceleration of the Work, or extraordinary measures, in order to achieve the critical Art Basel 20'16 Milestone and Art Basel 20'17 Milestone. ln no event shall Construction Manager be entitled to any other compensation or recovery of any damages in connection with acceleration or constructive acceleration, including consequential damages, lost efficiency, opportunity costs or similar remuneration, except as otherwise provided in the Contract Documents. 4.3. Except as otherwise provided in the Contract Documents, pursuant to Section 9.2 of the Agreement and based on the information reasonably identified or inferable from the tests or studies conducted by the City and made available to Construction Manager, Construction Manager acknowledges and agrees that it has satisfied itself as to what the Construction Manager anticipates will be the character, quality and quantity of soil, surface and subsurface materials or obstacles that may be encountered by the Construction Manager at the Project Site, and the condition of the existing foundations and building structure, including the environmental conditions identified in the Phase I and Phase ll environmental reports provided by the City, and that the entire cost risk of such matters, as well as any concealed, latent, known, unknown or other conditions, shall be borne by the Construction Manager as part of the Guaranteed Maximum Price unless such conditions could not have reasonably been identified upon reasonable investigation during the Pre-Construction Phase by the Construction Manager. The Construction Manager expressly acknowledges and agrees that it has had ample opportunity to investigate the Project Site, has had access to the Project Site since the Effective Date of this Agreement, and agrees that its pricing of the Work and the determination of the Guaranteed Maximum Price were expressly based upon the Construction Manager's assuming the foregoing cost risks of Project Site conditions. 4.4. Except as otheru''vise provided in the Contract Documents, pursuant to Subsection 9.3.1.2 of the Agreement, Construction Manager acknowledges and agrees that, except as specified herein, all delays or events and their potential impacts on the performance by the Construction Manager are specifically contemplated and acknowledged by the Parties in entering into this GMP Amendment and that Construction Manager's pricing of the Work and the determination of the Guaranteed Maximum Price is expressly based on the Construction Manager's assumption of the risks thereof, and Construction Manager hereby waives any and all Claims it might have for any of the foregoing losses, costs, damages and expenses, except to the extent specifically provided for in the Agreement. 4.5. City shall issue NTPI no later than November 5, 20'15, to authorize early procurement of Work as may be required to maintain the critical path schedule for the Project and other enabling Work, up to a not-to-exceed maximum amount of $25,000,000 (the 'NTP1 Maximum Compensation"). Until such time as NTP2 is issued and City obtains bond financing required for the Project, City shall have no liability or obligation whatsoever to Construction Manager or the Subcontractors under this GMP Amendment or the 58 By:By: other Contract Documents for any amounts in excess of the NTP1 Maximum Compensation. City anticipates it will obtain bond financing for the Project prior to December 24,2015. ln the event City does not obtain bond financing for the Project prior to December 24, 2015, City shall notify Construction Manager in accordance with Section 3.1.7 and Construction Manager's and its Subcontractors' maximum entitlement to compensation under the Contract Documents shall be as provided in Sections 13.3 and 3.1.7, and CM hereby waives any rights or remedies at law or in equity for any matters, liabilities, or Claims in excess of the NTPI Maximum Compensation. 4.6. All defined terms herein shall have the same meaning ascribed to them in the Agreement or other Contract Documents. Except as expressly modified herein, the terms and conditions of the Agreement remain unchanged. ln the event of a conflict between the terms of this Amendment and those of the Agreement, City and Construction Manager agree that the terms of this GMP Amendment shall prevail and control. lN WITNESS WHEREOF, the Parties hereto have executed this GMP Amendment the day and year first written above. CITY OF MIAMIBEACH, FLORIDA ATTEST: City Clerk Philip Levine Mayor ATTEST:CLARK CONSTRUCTION GROUP. LLC Print Name:Sidney J. Jordan Division CEO/President Northern & Southern Region Print Name: APPRCN'ED ASTO rORM & I.ANGUAGE IFOB EXECUIrcNM-rfultSArlrry o..f Do By: 59 ffiN ' :..:; :1$ :l;;1,;,;;1,.,, "'{, ",,i ::*t1----1 MIAMI BEACH CONVENTION CENIER RENOVATION AND EXPANSION PROJECT 60 Toble of Contenls Sectiori L Project Executive Summary Sectiorr 2. GMP Price Summory ire-,ction .1. Scope Clorificotions ond Assumptions liectiori,l: Detoiled Estimotes ljet-tiorr.li. PreliminoryConstructionSchedule Sec;tiori 6. Controct Documents EXHtBtT I Page 2 of 77 61 llsrcrroN t: pRoJECT EXECUTtvE suMMARy t/,oo =oa - -! o. oo rnxoo C =o U)cl 3oa EXHIBIT I Page 3 of 77 62 Miami Beach Convention Center Renovation and Expansion Project Description The City of Miami Beach is pursuing an extensive renovation and expansion of its Convention Center. Virtually all mechanical, electrical, and low voltage systems will be removed and replaced. A new grand ballroom, VIP area, multiple junior ballrooms and meeting rooms, and two parking decks will be added in various locations throughout the project. A new curtain wall will wrap around the entire project and externalfins will both control sunlight and provide a unique enclosure aesthetic. The East Concourse will be completely renovated with a new facade, pre-function area, meeting rooms, and extensive kitchen renovation. The floors and underground and overhead utilities in Exhibit Halls A and B will be removed and replaced The area outside the North wall of the Exhibit Hall will be completely demolished and a new grand ballroom, meeting rooms, parking deck, and a completely reconstructed loading dock will be constructed in its place. A newvalet drop off will provide convenient accesstothe pre-function areas. The construction team willwithdraw from the site to facilitate Art Basel 2016. The East Concourse renovation will be substantially complete, both loading docks will be available for Art Basel load-in and load-out, and as much of the facility as practical will be available for use. The West Concourse will remain in its current condition. The focus will be on providing pre-function and ballroom space that can be safely occupied, as well as maximizing access to meeting rooms. After Art Basel 2016, the Convention Center will go dark until April 30, 2017, allowing construction to progress throughout the Convention Center. During this time, the bridge connecting the East and West Concourse will be removed - future access between the two main concourses will be via new construction on the North and South ends of the Exhibit Hall. The West Concourse and the floors and utilities in Exhibit Halls C and D will be demolished and reconstruction of these areas will begin. On May L,2Ot7, the East Concourse and Exhibit Halls A and B will be opened for events. Construction will continue in the North, West, and South portions of the project, including Halls C and D. The construction team will again withdraw from the site to facilitate Art Basel 2017. The West Concourse will be available for use, although finishes will not yet be complete. The North Grand Ballroom and meeting rooms will also be available, provided safe access can be provided to these areas. The North parking deck will be available for use. After Art Basel 2017, work on finishes and systems will continue throughout the project, with Substantial Completion scheduled for June 30, 2018. EXHIBIT I Page 4 of 77 63 llsrcrroN 2: GMP PRrcE suMMARY Vtoo =o l.) C) -1' -! =.oo ac 3 3o EXHIBtT I Page 5 of 77 64 Miami Beach Convention Center 65% GMP SUBMISSION s4 'i, i" Trade Costs Contractor Soft Costs General Conditions (Clark Staffing) General Requirements 'F* Payment & Performance Bond{'* GL lnsurance Construction Manager At-risk Fees (3.8% of the above)* Construction Manager's Contingency ':. eM,p 410,205,903 24,465,996 L4,760,L03 3,709,000 1,907,550 L7,299,003 29,747,6L3 Convention Center GMP Other GMP ltems (lncluding all mark ups) P-Lot Park (Allowance) Storm water Drainage Culvert 501,983,058 10,000,000 3,475,O0O subtotal 515,459,059 GMP Oir".t Prr.f,rre t, Net GMP * - % oI Trade Costs plus General Requirements ** - Colculoted Bosed on o Projected 5575M GMP Controct Volue 509,458,059 EXHIBIT I Page 6 of 77 65 M]AMI BEACH CONVENTION CENTER GMP SUBMISSION DATED OCTOBER 8,2015 A=B+C B C tINE lTEM DESCRIPTION/BID PACIGGE 65%GMP SUBMISSION TOTAT ATTOWANCES TRADE COST 1 STOREFRONTS 20.958.584 0 20.958.584 2 FINS Lt.146.702 500,000 t6,646,702 2a PREMIUM FOR ALUM FINS ILO FAERIC ln Above 2b CMB CONTINGENCY FOR ALUMINUM FINS See Below 2c DESIGN ASSIST GLASS ALLOWANCE 500.000 500,000 0 2d JR BALLROOM CLG FIN ALLOWANCE 500.000 500,000 0 3 ELEVATORS/ESCALATORS 7,839,571 0 7.839.s71 3a SHALLOW PIT ELEVATOR - PIT MOD ALLOWANCE 250.000 250,000 0 4 PLUMBING 22.270.000 0 22.270,000 5 HVAC 41.789.000 0 41,789,000 6 :LECTRICAL 77.849.2L9 0 71.849.2r9 7 qUDIO VISUAL (EXCLUDES CORAL FEATURE)5,610,642 0 5,670,642 ARLY GMP DIRECT TRADE COST r88.773.7t8 1,750,000 186.963.718 8 )EMOLITION 6,533,720 0 6,s33.720 9 \BATEMENT ln Demc 10 ;ITEWORK / EARTHWORK / PAVING ln Trader t1,:ARTHWORK 2.465.222 0 2,465,222 t2 \SPHALT PAVING 7.735.2st 0 L,735,251 13 )AVEMENT STRIPING 177,09L 0 177.OgL L4 ;ITE CONCRETE 3,864,246 0 3.864.246 15 UNIT PAVING 469,093 0 469,093 16 PILING 4.003.593 0 4.003,593 16a JET GROUTING 789.3 15 0 789,31s L7 WET UTILITIES 4.140.000 0 4,140,000 18 DRY UTILITIES ln Electrical EXHIBIT I Page 7 of 77 66 MIAMI BEACH CONVENTION CENTER GMP SUBMISSION DATED OCTOBER 8,2015 A=B+C B C IINE ITEM DESCRIPTTON/B!D PACKAGE 65YoGMP SUBMISSION TOTAT ATTOWANCES TRADE COST 19 DEWATERING 1,,736,392 0 L.736.392 20 TRAFFIC SIGNILZATION 646.194 0 646,L94 2L LANDSCAPING 2,768,5t7 0 2,L68,5t7 22 SITE FURNISHINGS ALLOWANCE ln Landscapine 23 :ONCRETE 37.981.498 0 37.98t.498 24 qRCHITECTU RAL PRECAST CONCRETE 449.656 0 449,656 25 MASONRY 5.L44.700 0 5,1,44,700 26 ;TONE ln Alt #2a 27 'TRUCTURAL STEEL / METAL JOISTS / DECK 45,084,138 2.810,000 42.274,138 28 VIISCELLANEOUS METALS - ALLOWANCE 5.500.000 5,500,000 0 29 ;PECIALTY FABRICATIONS (ORN METALS & ORN RAILS)5,827,617 0 5.827.617 30 ROUGH CARPENTRY ln Trades 31 FINISH CARPENTRY 5.623.330 25.000 5,598,330 32 WATERPROOFING 5,087.683 0 5.087.683 32a AIR BARRIER 1.032.s00 0 1,032.500 33 CAULKING 150.000 150.000 0 34 EXPANSION JOINTS L.020.019 0 1.020.019 35 BULDING INSULATION (SPRAY}L6L,3t7 0 1,67,377 36 FIREPROOFING t.369.372 0 L,369.312 37 ROOFING 4.040.317 0 4.O40.3t7 38 SKYLIGHTS Deleted 39 PHOTOVOLTAIC Excluded 40 H.M. DOORS / FRAMES 2.44t.150 0 2,44L.750 4T ENTRANCE MATS AND GRILLES 563.594 0 563,594 42 OVERHEAD DOORS 769,427 0 769.427 42a WON DOORS 138,495 0 138.495 43 INTERIOR GLAZING 1.788.400 0 1,788,400 44 SEALED CONCRETE ln Paintinr 45 LATH/PLASTER/STUCCO ln 09 290( 46 DRYWALL 35.935.456 0 35,93s,4s6 EXHIBIT I Page 8 of 77 67 MIAMI BEACH CONVENTION CENTER GMP SUBMISSION DATED OCTOBER 8,2015 A=B+C B C LINE ITEM DESCRTPTTON/BID PACKAGE 65%GMP SUBMISSION TOTAI-ATTOWANCES TRADE COST 47 GLASS TILING ln Tile 48 CERAMIC TILE / MARBLE / GRANITE 1,381.705 0 1.381.70s 49 ACOUSTICAL METAL CEILINGS ln Drvwal 50 ACOUSTICAL CEILINGS ln Drvwal 51 STRETCHED FABRIC CEILING SYSTEMS ln Drvwali 52 SOUND ABSORBING WALL UNITS 1.836.331 0 1.836.331 53 :ARPET AND RESILIENT 3.444.890 5s0,000 2.794,890 54 IERRAZZO 3.262.677 0 3,262,677 55 lESINOUS FLOOR 158.560 0 L58,560 56 )AINTING 4,L98.731 0 4.198.731 57 )tvlsloN 10 ln Belou 58 LOUVERS 433.354 0 433,3s4 59 VISUAL DISPLAY SU RFACES Bv Owner - FF&E 50 TOILET COMPARTMENTS 786,64L 0 786,64r 61 CUBICLE CURTAINS Not Aoolicable 62 WALL PROTECTION - ALLOWANCE 95,000 95,000 0 63 TOILET AND BATH ACCESSORIES 325.4t9 0 325,4t9 64 FIRE EXT. - ALLOWANCE L10,014 110.014 0 65 LOCKERS 29,630 0 29.630 56 FLAGPOLES ln Alt #2a 67 SIGNS 585.443 0 685,443 68 OPERABLE PARTITIONS 4.822.r50 75.000 4,747,150 69 FABRIC WRAPPED ACOUSTIC PANELS ln Drvwal 70 FOOD SERVICE 2,154,900 0 2.154.900 77 APPLIANCES ln Food Service 72 PARKING CONTROL AND DOCK EQUIPMENT 738.173 0 138,173 73 LOADING DOCK EQUIPMENT 62.230 0 62,230 74 lOLLER SHADES - ALLOWANCE 1,600,000 1.600.000 0 75 :OUNTAINS ln Alt #2; 75 iPECIAL CONSTRUCTION Not Aoolicable EXHIBIT I Page 9 of 77 68 MIAM! BEACH CONVENTION CENTER GMP SUBMISSION DATED OCTOBER 8,2015 A=B+C B C tINE ITEM DESCRIPTION/BID PACKAGE 55%GMP SUBM!SSION TOTAI ATTOWANCES TRADE COST 77 WINDOW WASHING EQUIP/FALL PROTECTION - ALLOWANCE 250.000 250.000 0 78 :ORAL MEDIA FEATURES - STRUCTURE ONLY EXCLUDED 79 FIRE SPRINKLERS 5,03s,000 0 5.035.000 80 DIRECT MATERIAL PURCHASE Below Line 81 FINISHES FOR REMOVED CORAL FEATURE - ALLOWANCE 350,000 350,000 0 82 :ANAL SEAWALL ALLOWANCE 1.500.000 1.500,000 0 TOTAL DIRECT TRADE COST 4r.0,205,803 14.865.014 39s,340.789 EXHIBIT I Page L0 of 77 69 IIsrcrroN 3: SCopE cLARrFtcATtoNS AND ASSUMpTtoNS v,oo*o) 9? (aoo!o o o- oo =o f fo CfJo =o EXHIBIT I Page 11. of 77 70 1) 2) 3) 4l s) Miami Beach Convention Center Clark Construction Group, LLC October 8, 2015 GMP Clarifications Part 1 General Clarifications: Division 2: We have assumed that existing foundations do not conflict with the new work and can remain in place unless otherwise shown on Contract Documents. We have assumed that temporary or permanent bracing of existing columns along grid lines 'L5' and 'l-7' nearthe existing bridge "to be removed", is not required. lt is our understandingthese columns support the existing exhibit hall roof structure and are not braced nor connected to the existing bridge structure to be demolished. It is assumed that the demolition of the small band shell building on Washington and 21st Street will be done by the City which is also building the underground pipe along Washington Ave. Plans note several locations for underpinning. We have excluded any underpinning of existing fou ndations. Plans require soil stabilization under existing foundations per the geotechnical report. We have included soil stabilization for ninety (90) existing spread footings. Stabilization is included from bottom of the footings to the top of the upper limestone layer as shown in the Geotechnical Report For Civil lmprovements & Structures dated 08.06.2015 & 08.07.2015. We have included the quantities of "Asbestos Containing Materials" as indicated in the asbestos survey report summary for the Youth Community building dated Dec L7 ,20L4. We have included only the quantities of Asbestos Containing Materials (ACM) identified in the asbestos survey report summary for the Convention Center building dated Feb 2015. We do not include the cost of any additional hazardous materialsurveying ortesting. The quantities have been calculated based on the assumption that all of the specific type of material in a given area where positive sample results were obtained are positive for ACM. The hazardous material report includes certain areas of the existing exhibit hall perimeter block wall as containing vermiculite. We have assumed this wall to be hazardous material and have included the appropriate abatement. Abatement of concrete block walls with asbestos containing vermiculite will be completed by contained demolition of the portions of the block wallwhich are confirmed to have ACM vermiculite fill. Combined debris will be handled separately from other demolition debris and hauled to an approved disposal facility. 6) rl EXHIBIT I Page 12 of 77 71 Miami Beach Convention Center Clark Construction Group, LLC October 8, 2015 GMP Clarifications Part 1 7l Recycling and waste disposal records will be provided as required for to meet the LEED requirement for recycling, however many requirements listed within Specification O1-74L9 specifically sections 3.2 and 3.4 cannot be met due to constraints of the project. Division 3: 8) Elevations 9/A5122 and 2/A5L23 indicate openings in the perimeter of the helix walls with a railing system. We have included concrete walls at these locations per the structural plans and an ECP_L finish to match adjacent surfaces. 9) Epoxy reinforcing is included at the north exterior terrace and stair. L0) Temporary bracing and shoring for single story linear shear walls, and the elevator/stair shear walls is not included in the Contract Douments and therefore not included in the GMP. 11) PCW-2 is called out on the plans where 3 piles are required. We have included PC-3W pile cap at these locations. 12) We have assumed all grade beams at inner and outer core of helix structures are GB-20. All other grade beams at the helix cores are assumed to be GB-1. 13) The following information is not included in the Contract Documents but has been included in the GMP: a) 52106 - along grid U from 3.81 to 7 include 30" x 24" wall pilasters from top of footing to 6" below TOS per detail 1/53301. b) 52115 - lnclude 2 each 24" x 24" pilaster as noted from top of footing to 6" below TOS. Wall footing at these 11 pilasters to be widened to 5' 6" wide x 36" for pilaster support (9 locations) where pilasters are not located on an existing footing. All vertical pier dowels located on existing footings to be drilled/grouted or epoxy'd into existing footings 4" minimum. c) SZL26/52127 - along grid 25 from grid Q.2 to U include 36" x 24" wall pilaster (9 each) to 5" below TOS similar to detail 1/53301. Wall footing at these 9 pilasters to be widened to 6'6" wide x 36" for pilaster support. d) SZL27 - include one pier at grid P.63 for steel column just north of grid 24.5 on existing footing. Pier to be 24" x 24". lnclude 8 each drilling of vertical dowels into existing footing. e) 52128 to 52130 - along grid 25 from grid A to J.47 and at grid 1.47 /23.89 include 48" x 24" wall pilaster (13 each) to 6" below TOS similar to detail 1/53301. f) S21.Ol - along grid 6.9 at grids P.64, P.35, N.53, N.1 include 16" sq piers from top of existing footing to 12" below TOS. Tops of existing footings are 6.34' below TOS. lnclude 6 ea drilling & epoxying of dowels into existing footings for each pier. g) 52108 - along grid 5.9 at grids J, J.53, J.99, K.43, L, 1.55, M include similar piers to above. Existing footings are 6.34' below TOS. h) 52109 - along grid 5.9 at grids G.67 , H, H.33, H.T L include similar piers to above. Existing footings are 6.34' below TOS. 2l EXHIBIT I Page 13 of 77 72 Miami Beach Convention Center Clark Construction Group, LLC October 8, 2015 GMP Clarifications Part 1 i) S3302 - add 24" square fdn piers @ all special shape pile caps to 12" below TOS. Top of pile caps this sheet are 2' 8" below TOS. Where conc pier is located on existing pile cap, include 8 ea drilling & epoxying of dowels into existing footing.j) Ref. sheets 52116 thru 52119. New steel columns will be supported on conc piers at grids Q.4, e, P, N, M, L, K, J, H and south of H. Conc. Piers are 36" sq with top elevation L2" below TOS. Piers located at existing footings that are 5.67' below TOS. lnclude drilling & epoxying of 8 ea #i.O- vertical dowels at each pier 15" into the existing footings. k) S2tO2 - we have assumed large pilasters along grid NE2 are 48' x 48'. l) 52106 - we have included 24" x 30" wall pilasters from top of footing to 6" below TOS along grid U from 3.81to 7. 14) Tops of foundations are included as 12" below either top of slab or exterior grade where applicable unless specifically noted otherwise on the drawings or in these clarifications. 15) PC-g pile cap is not indicated on sheet 53102. PC-9 is assumed to 7.84' square by 49" thick. 16) Ref. 52119 - there are 2 new steelcolumns shown along grids 16.1and 16.9 roughly 22'west of grid H. These columns require new spread footings. We have included 10' sq x 2'6" thick footings. 17) Ref. 52118 - new steel column at grid L/t6.1, requires a new spread footing. We have included a 12' square x 3' thick footing. 18) S2107/SZLO8 - The walls between grids 5 & 7 are masonry on thickened SOG per detail 16/53201. There are no wall footings or conc foundation walls at these locations. 19) The tops of new foundations along the east exterior wall are included at depths equal to the existing foundation elevations. Where existing column footings exist at the new perimeter wall location, the new wall footing will be placed between the existing footings. 20) Other than as indicated in RFI #74, the back side of the concrete crash walls at the rooftop parking levels are exposed grey concrete with an as-cast finish. We have not included an architectural concrete finish or applied coating/paint to these surfaces. 21) We have assumed the raised curb islands/toppings at the parking decks are all integral with the topping slab placed over the roof insulation per detail 51A72L2. 22) Reference elevator pit at grids on sheet 52109. Plans do not indicate how the new mat foundation is tied to the existing spread footing. We have included drilling & epoxying of dowels into existing footing to match size and spacing of mat reinforcing. Depth of embedment will be similar to details on 53302. This requirement applies to all similar conditions where new shear walls continue from new foundations over the top of existing spread footings. See sheet 52124 for an example of this condition north of grid Ghs.e. II EXHIBIT I Page 1.4 of 77 73 Miami Beach Convention Center Clark Construction Group, LLC October 8, 2015 GMP Clarifications Part l- 23) We have excluded sloping concrete structures to drains under thin-set tile. 24) We have included pouring the slab on metal deck to the thicknesses indicated and have assumed that temporary shoring for the slab on metal deck during concrete placement is not required. We have included an additional Lf2" of concrete at the slab on metal deck area as indicated in the structural notes on drawing 50002. 25) Reference spec. 03 3000 para2.7 - Per discussion with Wallace Engineering, fibrous reinforcement is not required. 26) All parking leveltopping slabs placed on the waterproofine/rigid insulation are included as 4" thick. We have included tapered insulation to provide the slopes indicated on the drawings. 271The foundation plans indicate new pile caps that overlap existing foundations. Notes indicate to demolish existing footings as necessary. The existing foundations at the west addition are on piles. Some of the existing piles may interfere with new pile cap and auger cast locations. We have included an allowance of 525,000 for any foundation/structural modifications that are on shown in the Contract Documents and may be required. This allowance includes all demolition and new construction. Redesign of the foundations and structure if necessary is not included as part of this allowance. 28) Reference sheet 52L26 - We have assumed the strip footing and wall along grid 25 from grid Q to U is 3.5' wide x 1.5' thick. similar to east wall foundation noted on sheet 52116. 29) Reference 52L27 & 52128 - We have assumed wall footing at loading dock to be 4' wide x 1.5' thick. Wall footing to be 12" below top of dock slab elevation. This footing size applies from grid J.47 to P.63. 30) Reference 52128 thru 52130 - We have assumed wall footing along grid SW3 from grid A to J.47 and along grid J.47 from SW3 to 23.18 is 3.5' wide x 1.5' thick. Foundation wall to be similar to east wall foundation noted on sheet 52116. Top of footing to be 12" below exterior grade. 31) The Geotechnical Report requires "stabilized subgrade" for the 8" slab on grade in Exhibit Hall, however the report does not contain sufficient information to determine whether or not such stabilization is required, therefore we have assumed the existing soils will meet the requirements for 'stabilized subgrade' and have not included costs to strip and replace the subgrade with new and/or blended materials. Stabilized subgrade will be 4" thick and covered with 4" of limerock base material meeting specification section 03 3000, para. 2.9.8. 32) For all 4" - 6" building slab on grade areas, slabs will be placed directly on the stabilized subgrade. We have not included any limerockbase materials atthese locations. Vaporbarrierwillbe provided -rl EXHIBIT I Page 15 of 77 74 Miami Beach Convention Center Clark Construction Group, LLC October 8,2OL5 GMP Clarifications Part 1 33) Specification 03 3000 makes reference to silica fume. Silica fume is not included in any of the cast-in- place concrete work. 34) Reference plan 52409 - the structural drawing indicates '10" THICK CONC WALL' along grid E.8. The perimeter walls for the MEP spaces at this location are CMU (EWS-01) on the Architectural Drawings . We have included CMU walls at this location as shown in the architectural drawings. 35) Reference 52L27 - All exterior steel columns at south dock area have been included with 30" diameter column encasement as called out on north end. There are 7 locations on south end. 35) The following information is not included in the Contract Documents but has been included in the GMP: 52105 - 4'x4'x12". Footing depth L2" below TOS. 52111 - 2 each 4'x4'xL2". Footing depth 12" below TOS. 52116 - 3 each 4'x4'xL2". Footing depth L2" below TOS. 5212L - 4'x4'x12"'. Footing depth 5'6" below TOS to match existing footing depths. S2t2L - 8'x6'xl-8". Footing depth 5'6" below TOS to match existing footing depths. 52126 - 8'x8'x18". Footing depth 6'5" below TOS to match existing elev pit depth. Division 4: 37) We have assumed that epoxy coated and galvanized rebar is not required for precast elements. Division 5: 38) We have assumed that there are no limitations on the erection sequence of structural steel other than those listed on the plans which reference the installation of the exoskeleton in relation to the roof deck structu re. 39) We have included the "Open" stairs, ST1.01.02, ST1.15.01, ST1.25.01, ST1.06.02, ST1.25.01 (42801; A2801; 42808) as the ornamental stair systems per Specification 05 7100 - Decorative Metal Stairs. All other stairs have been included per 05 5113 - Metal Pan Stairs. 40) We have included 25 locations for additional floor/roof opening that will require framing per 25/55003. 41-) The following beam sizes are not included in the Contract Documents but have been included in the GMP: - Un-sized with no beam depths have been included as - W18x35 - W8 sections have been included as - W8xL5 - WL2 sections have been included as - W12x35 - WL4 sections have been included as - W14x22 sl EXHIBIT I Page L6 of 77 75 Miami Beach Convention Center Clark Construction Group, LLC October 8, 2015 GMP Clarifications Part l- - WL6 sections have been included as - WL6x3L - WLS sections have been included as - W18x35 - W21 sections have been included as - W21x44 - W24 sections have been included as - W24x55 - W27 sections have been included as - W27x84 - W30 sections have been included as - W30x90 - W33 sections have been included as - W33x118 - W36 sections have been included as - W36x135 - W40 sections have been included as - W40x149 - W44 sections have been included as-W44x262 42) The following information is not included in the Contract Documents but has been included in the GMP the existing steel joists that need to be reinforced are 22" deep (a 22H7 joist). a) lt is assumed that based on the details on 55008, that there are six (6) web members on each end of the joist, for a total of twelve (12) web members per joist that are required to be reinforced. 43) The following information is not included in the Contract Documents but has been included in the GMP: the splice detail (E/S5008) that has to be reinforced for the existing joists, is required and we included one (1) splice per joist. 44) We have included the costs associated with inspecting the existing shop welds at existing joists prior to reinforcing them. We have not included any cost associated with the remediation of any deficiencies uncovered during the inspection and testing. 45) We have included the un-sized bridging trusses at 375#/LF of truss including connections. 46) We have assumed all interior bollards to be pipe steel units with steel cap plates bolted to the slab on grade. We have included bollard footings and concrete fill per detail WS321C5.18 for exterior bollard only. All bollards in the north loading dock area are considered to be per detail. 47) Removeable bollards are not shown on the Contrct Documents and we have not included any costs associated with the removable bollards on C5.18. Division 6: 48) We have included the millwork/finish carpentry as specified and have assumed that the millwork materials do not have to be sourced locally as the specified materials do not satisfy these requirements. f, I EXHIBIT I Page L7 of 77 76 Miami Beach Convention Center Clark Construction Group, LLC October 8, 2015 GMP Clarifications Part l- 49) We have included aluminum reveals for the wood wall panels in accordance with the basis of design system and have not included stainless steel reveals. 50) Specialty subcontractors have indicated that there has been problem with staining and discoloration of eucalyptus where fire-retardant cores are used, therefore we cannot guarantee the stability of the finish of the wood veneers. Division 7: 51) We have assumed the fireproofing based on a thermally unrestrained beam system. 52) We have included traffic coatings as specified in 071800 in the following locations: Chiller Plant Room 2.28.04, Pump Station Equip Room ST4.29.04, Pump Station Generator Room ST 4.29.05, MEP Room 4.29.03, TR Rooms at Level 4 as shown on A2433 (10 ea.) and detailed on A6225. 53) Spray on sound proofing on the exhibit hall ceiling will only be removed from the bottom "flats" of the metal decking and not the flutes in between which will leave a flat surface to apply the new sound insulation. Division 8: 54) We have included a 5 year installer warranty for the exterior storefront and curtain wall. 55) Sheet A21.29 column line 23.1. & G.7 elevations show a empty entry at restroom 1.29.13. The opposite restroom has a overhead door L.29.02. We have assumed a overhead doorto match L.29.02 is required for restroom L.29.L3. 56) We have included an alternate overhead door manufacturer - McGuire. 57) The following doors are shown on the plans but not labeled, however they appear to fit the description of doors listed on the door schedule which do not appear on plans: 4.29.01, 4.29.06,1-.06.06, 1.26.09, 1.26.27, 1,.29.L9, 1,.30.23, 2.27.05, 2.27.Og, 3.t6.02,2.19.07, 2.O7.34, 2.07.35, 2.09.63, 2.O9.64, L.26.20, 1.29.06. 3.16.01. 58) There are eleven (11) openings for double hollow metal doors that are shown on the Contract Documents but not labeled. We have assumed doors shown but not listed on the Door Schedule to be 6'-0" x 7'-10" Hollow Metal Frames with Wood Doors. 59) Type 2 Aluminum frames are listed on the door schedule however do not appear in the specifications. We have assumed these Type 2 Aluminum Frames for Wood Doors at Portals to be knockdown aluminum frames, similar to Raco Aluminum Frames. 7l EXHIBIT I Page L8 of 77 77 Miami Beach Convention Center Clark Construction Group, LLC October 8, 2015 GMP Clarifications Part 1 60) There is a pair of double doors at Service Corridor 2.09.16 that does not appear on the door schedule. We have assumed these doors to a 5'-0" x 7'-10". 61) We have assumed the loading dock levelers to have a total capacity of 60,000 lbs. 62) We have assumed the loading dock leveler curb angles are galvanized and the levelers as two-coat baked-on finish per the specifications. 63) We have included the "Won Doors" as specified, but will require design guidance as to their application and use during fire alarm events and use for the smoke exhaust system. Division 9: 64) We have assumed that color coding of exposed MEP piping, conduit, etc is not required. Piping lD is provided per Contract Documents. 65) We have assumed that painting of the exposed concrete walls at the parking level, helix ramp walls, roof and canopy slabs is not required. 66) We include sealed concrete at service corridors in lieu of rubber flooring as noted in Finish Type F-23 as the hatching was removed from the floor plans. Division 10: 67) We have included operable partition finishes in accordance with the schedule on drawing 40016 with materials as specified in section 09 0002. The restroom partitions will be solid partitions painted P-1. 68) We have included a single operable partition for one east-west division of the restroom per 42703 and extra track to allow it to move between the three separate positions shown. We have not included any storage space or pocket doors as none are shown. 69) We have assumed a 3f8" thick aluminum for Sign Types C1-, C2 per the drawings however the specifications state 3/4". 70) We have assumed the following for sign types shown but not specified: a) Sign Type E 1/8" photopolymer face with t/4" acrylic backer b) Sign Type F.3 7 .25" tall x l-.5" deep with stainless steel letters c) Sign Type R 2" deep aluminum sign with silk screened copy suspended by stainless steel cables. 8l EXHIBIT I Page L9 of 77 78 Miami Beach Convention Center Clark Construction Group, LLC October 8,2OL5 GMP Clarifications Part 1 7Ll We have assumed Sign Type O as L/8" photopolymer mounted to L/8" acrylic backer per the drawings however the specifications state 3/8". 72) We have assumed Sign Type T2 to be wall mounted per the specifications. Division 14: 73l' Freight Elevator speeds have been included as 75fpm in lieu of the specified 150fpm if the 1-50 FPM is not achievable. due to platform size and capacities shown. Division 21: 74) We have assumed that fire protection is not required at the cooling towers. Division 22and23: 75l We will endeavor to include factory mounted controls on HVAC Equipment, however this will need to be coordinated with the selected building controls vendor. 16) We have included cutting and capping of the geothermal system within the building for abandonment by others. 77) We have included supplemental cooling at LED display walls in West Lobby utilizing chilled water fan coils. 78) We have included supplemental cooling for TE-1 Rooms utilizing chilled water fan coils. 79l We have not included insulation of the condenser water piping or verticalstorm piping per discussion with ME Engineers. a) We have included insulation on domestic cold water piping. 80) We include schedule 40 PVC piping for underground and above grade storm and sanitary except for ceiling plenums. 81) We have assumed that trap guards for the exhibit hall floor boxes will be allowed by the AHJ and that trap primers are not required. 82) We have included replacing existing Cooling Tower spring isolators and seals between cells per direction by ME Engineers during the early GMP subcontractor interviews. el EXHIBIT I Page 20 of 77 79 Miami Beach Convention Center Clark Construction Group, LLC October 8, 201-5 GMP Clarifications Part 1 83) We have included double wall (non perforated) ductwork with solid liner for Exhibit Hall , Level 4 Prefunction and Level 2 NE Terrace. 84) We have included harmonic analysis for the VFD's. We have not included any costs associated with harmonic filters if required by the harmonic analysis. 85) We haven't included hangers for underground piping. 86) We have not included any work in relation to the gas meter as this work should be performed by the utility company. Utility company charges are by the Owner. 87) We have not included beverage conduit as it is not shown on the documents and was confirmed by the MBCC Operator as not being required during the early GMP subcontractor interviews. 88) We have included plenum rated cable for BMS control wiring in areas above accessible ceilings and conduit for exposed areas. Specification 23 0900 requires conduit in all locations however was confirmed to not be required by ME during the early GMP subcontractor interviews. Division 26: 89) We have included raceways only for the building wide Wi-Fi system and cellular distributed antenna system. We have assumed that all active equipment and cabling will be provided by others. We have included the category 5A cabling to the wireless access points and jacks terminating the cable to the wireless access points. 90) We have included the first responder system DAS as a performance specification, in compliance with NFPA 72. 91) We have not included handheld tablets for the building systems including Video Surveillance, Access Control, Fire Alarm and Building Automation as requested by DLAA emailon September 14,201,5. 92l. lt is understood that FP&L does not allow outside firms to work within their electrical vaults, and that all work interior to the vault is by FP&1. We have assumed that FP&L will provide connection the utility vault equipment including the connection of all terminations. a) Per FP&L requirements, we have included bus duct stubbed into the utility vaults to serve as feeds to the major power equipment. FP&1, according to their custom, will make the final connections within their vaults and energize the equipment feeders. 93) We include the use of compact aluminum conductors for all electrical feeders for circuits rated at 2004 and above. lo l EXHIBIT I Page 2L of 77 80 Miami Beach Convention Center Clark Construction Group, LLC October 8, 20L5 GMP Clarifications Part 1 94l We include the use of MC cable to the extent allowed by the National Electrical Code. MC Cable will not be used in exposed areas. 95) We have included standard Cat 6A cabling to serve the exhibition hall floor boxes as shown on the Contract Documents as there is not a Cat 5a certified for wet areas. 96) We have assumed that the existing distributed antennae system (DAS), which is owned and operated by others, will be removed and decommissioned by others. g7l We have assumed that the lighting layouts and fixtures specified on the electrical lighting plans are adequate to meet all photometric requirements. a) We have included 300 linear feet of undimmed LED strip task lighting for use at the project casework as the lighting is not detailed on the plans. 98) Per discussions with Fentress, we have assumed that the Contract Documents will be modified to show the permanent Fire Command Center within the East renovation area to allow for the relocation/enabling to be completed during 2016 in the East Concourse renovation. Division 31: 99) The foundation plans show augercast pile locations within the footprint of existing foundations that remain. We assume these piles are not required and have excluded any provisions for installing piles thru existing foundations. 100) We have included a total of 2,264 (excluding the pavilion) augercast piles at an installed length of 40 lineal feet per pile. The installed length is from pile tip to cut-off elevation within the pile caps. We have assumed the GMP will be adjusted per each pile for additive or deductive pile length. ln addition to the 40' installed length, we have included an additional4'of pile at 1,320 piles of the2,264 piles as shown, where TOS is at 100.34'. 101) We have included a grout factor of L.15 beyond theoretical volume, the GMP will be adjusted should there be a variance from the theortetical volume assumed. Division 32: 102) We have assumed thatthesubgrade materialunderthe exiiting roadways can be compacted in place to 98% without removal, replacement or amending with additional material. We have included one (1) layer of geofabric for all asphalt and concrete pavement sections. Geofabric is not included at sidewalk areas. a) We include pavement sections per Miami Dade standards. We have not included any additional costs due to differing CBR conditions. ill EXHIBIT I Page 22 of 77 81 Miami Beach Convention Center Clark Construction Group, LLC October 8, 2015 GMP Clarifications Part L 103) We have only included capping, closing, abandonment and/or relocation of existing utilities shown on the Contract Documents. 104) The Contract Documents require all existing underslab utilities to be removed. We include capping and abandoning-in-place the deep buried 30" and 36" storm sewer main lines under the Exhibit Hall where we determine they arenot in conflict with the new work. We include lean mix grouting of all other existing storm sewer lines in place where not in conflict with location of new lines. 105) We have assumed that the existing geothermal wells can be used for dewatering. Following the completion of dewatering activities we have included costs to decommission the wells. 106) Consistant with the Contract Documents, we have included cutting, patching, milling and resurfacing of the asphalt per the Contract Documents. We have not included the replacement nor re building the paving from curb to curb therefore we are not responsible for the performance of the portions of roadway (s) not replaced as a poftion of our work. 107) Per discussion with the Owner, the Central Coral Feature including audio visual systems are not included in the GMP. 108) Per discussion with the Owner, Alternate 1 Existing Roof Replacement and Alternate 4 Roadway Pavement Section are not included in the GMP. ATLOWANCES 109) We have included the following allowances within our GMP: a) We have included an allowance of 5500,000 for exterior fins/trellis and structure at the VIP ballroom. (See Line ltem #2) b) We have included an allowance of 5500,000 for exterior glazing and storefront glazing issues that may be discovered and will need to be resolved during the design-assist process. (See Line ltem #2cl c) We have included an allowance of 5500,000 for interior ceiling fins at the VIP ballroom. (See Line Item #2c) d) We have included an allowance of S250,000 for Elevator 15.01 structural and elevator modifications to resolve the installation of elevator E115.01. The allowance is to account for changes required to the structure or elevator to install this equipment. (See Line ltem #3a) e) We have included an allowance of 52,810,000 for structural steel associated with the items i, ii and iii below. (See Line ltem #27) i) We have included an allowance of 52,000,000 for the additional structural steel required per 50002. 12l EXHIBIT I Page 23 of 77 82 Miami Beach Convention Center Clark Construction Group, LLC October 8,2Ot5 GMP Clarifications Part 1 ii) We have included an allowance of 200 locations at SsOO/assembly for slide bearing assemblies as no specification for them has been provided. iii) We have included an allowance of 1,000 locations for the joist reinforcing detail on 55007, as the number of locations that will require this reinforcing is not shown at this time. f) We have included an allowance of 55,500,000 for miscellaneous metals as the scope is incomplete on the Contract Documents. (See Line ltem #28) g) We have included an allowance of S25,000 for testing of fire-rated assemblies for the millwork scope of work as may be required by Miami Dade county. (See Line ltem #31) h) We have included an allowance of 5150,000 for miscellaneous caulking as the scope is incomplete on the Contract Documents. (See Line ltem #33) i) We have included an allowance of 5650,000 for moisture mitigation for moisture sensitive floor toppings. (See Line ltem #53)j) We have included an allowance of 595,000 for wall protection (corner guards, plastic/vinyl sheet wall protection, bumper/chair rails, etc.) as the scope is incomplete on the Contract Documents. The steel wall protection system channels and bollards at the parking garage and service corridors have been included separately.(See Line ltem #62) k) We have included an allowance of S110,0L4 for fire extinguishers and cabinets. The fire hose valve cabinets have been included separately. (See Line ltem #64) l) We have included an allowance of 575,000 for refurbishing of existing operable partitions in Level 2 meeting rooms in Areas 2l- and 26 which are noted to be existing to remain. (See Line ltem #68) m)We have included an allowance of S1,500,000 for window treatments. Detail 6/49301 shows a track mounted to the vertical tube which would require additional motors when the shade intersects the horizontal tubes. (See Line ltem #74) n) We have included an allowance of $250,000 for window washing. (See Line ltem #77) o) We have included an allowance of 5350,000 to provide finishes where the Central Coral Feature was removed. (See Line ltem #8L) p) We have included an allowance of S1,500,000 for modifications of the canal sea wall. (See Line Item #82) a) We have included an allowance of 550,000 for the costs related to using a Dispute Avoidance Panel. (See General Requirements) r) We have included an allowance of S10,000,000 for the costs related to the P Lot Park and Pavillon. (See Project Cost Summary) l]l EXHIBIT I Page 24 of 77 83 Miami Beach Convention Center Clark Construction Group, LLC October 2,2O!5 GMP Clarifications - Part2 Clarifications: 1) The GMP does not include any Direct Purchase Program sales tax savings at this time. As materials are purchased through the Direct Purchase Program in accordance with the Contract Documents, the GMP will be reduced accordingly. 2) We include color and pattern selections from manufacturer's standard colors and patterns where finishes are not provided or yet to be selected by the Architect. 3) We have not included any requirements for design, engineering and certifications by registered and/or professional engineers not expressly identified in the Contract Documents. 4) We have assumed the Engineer of Record will be responsible for updating the project BIM file for changes in design issued by the Architect-Engineer. Construction Manager's and Architect- Engineer's responsibilities regarding BIM are othenrvise set forth in Division 1 of the Specifications. 5) We have assumed that the existing systems where required for temporary use or existing to remain are in good working condition, will be properly maintained by the City throughout the construction period, and do not require any upgrades or repairs unless expressly shown on the Contract Documents. We have assumed the new systems where required for temporary conditions, will provide the necessary temperature control. a) We have included filters for all return ductwork on existing or new systems when used for temporary construction. We have assumed duct cleaning is not required. 6) We do not include any costs for work associated with utility company charges including but not limited to permanent power, telephone or gas service to the Project. 7) We have assumed the existing gas service within the P Lot will be relocated by others prior to the P Lot construction commencement. 8) We have assumed that permitting costs are paid directly by the City. 9) We have assumed the City will pay for any usual and customary deposits as required by subcontract, supplier, or vendor agreements in accordance with the approved draw schedule. Prior to issuance of NTP2, any non-refundable deposits, if any, must be approved in advance by the City. 10)We have assumed that no new work is required associated with the existing kitchen other than 2 hour firewrap of the existing ductwork. rl EXHIBIT I Page 25 of 77 84 Miami Beach Convention Center Clark Construction Group, LLC October 2,2015 GMP Clarifications - Part2 11) The GMP Proposal is based on the following assumptions and clarifications, which will supersede any related provisions appearing elsewhere in the Contract Documents, the intent being to override such provisions, as opposed to creating conflicting provisions: a) Per discussions with the City's AHJ, modify Article 2.7.10 - Permits, to include the following:i) lmmediately following submission by the Architect-Engineer to the City AHJ of the DERM-approved permit set of drawings, which will occur no later than 1213115, the AHJ will issue one building permit for the entire project, except the P-Lot Park and the seawall. Changes to the permit set required by the AHJ will be incorporated into the Construction Documents. Any additional costs or time resulting from such changes will be resolved in accordance with the Agreement. ii) The AHJ will issue a separate permit for certain non-structural enabling work prior to issuance of an NTP for such work by the City, which NTP will be issued on or before 1115115. iii) The Architect-Engineer will prepare documents, including life safety plans for events (which will not be required for load-in and load-out), required to obtain event-related permits from the AHJ, except for documents related to providing temporary support of existing structures and temporary windstorm protection, which will be prepared by the CM. iv) When othenarise code compliant egress or other life safety provisions are not practical due to construction activity, Fire Department must review and approve life safety plans to protect the public during events, which may include fire watch conditions. v) The City will pay for all required permits, including all building, trade, and work performance related permits, as well as any other fees that may be required by the City or any other government entity or utility related to the project (CM is not aware of any such other fees at this time). vi) The AHJ will make available up to 4 building inspectors, and one fire inspector as required for the Project. City will provide up to 2 threshold inspectors as required for the Project. vii) An NOA is not required for the fins. viii)Construction Manager has included an allowance of $613,000 within the GMP (as part of the General Requirements) to provide for life safety costs related to events taking place at the MBCC. lf additional funds are needed in excess of this allowance, the first $500,000 shall be funded from the CM Contingency, and the remainder from the City's Contingency. b) Utilitiesi) The City will maintain (i) existing systems for as long as they remain in use, and (ii) new systems after they are turned over to the City, in order to maintain proper temperature and smoke control as required for occupancy 2l EXHIBIT I Page 26 of 77 85 Miami Beach Convention Center Clark Construction Group, LLC October 2,2015 GMP Clarifications - Part2 and use. construction Manager will maintain all systems, as required for construction purposes, during the period after Art Basel 2016 through April 30,2017. warranties on new systems will start after turnover of each discretely identifiable portion of each system to the City, and City's acceptance thereof in accordance with the Contract Documents. Construction Manager anticipates that turnovers will occur no earlier than on May 1 , 2017 for eastern portions of the Work; December 1, 2017 for the portions of the Work that include the north ballrooms and western half of the main Exhibit Halls; or at Substantial Completion, whichever date is the earliest to occur. Utility providers will separate and relocate all utility services to buildings other than the MBCC, to those buildings. Work to be performed by others; such as pump stations, work by outside service providers and primary power; will be performed and completed as required to keep systems functioning in occupied areas and facilitate the progress of the Work, provided that nothing herein shall relieve Construction Manager of any of its obligations under Article 10 of the Agreement or other provisions of the Contract Documents. The timing of this work will be included in Construction Manager's baseline schedule. c) Scope i) The Architect-Engineer will incorporate into the Construction Documents the design revisions required by the Clarifications and Assumptions included in the GMP Proposal. ii) Replace the first paragraph of Section 6.4.1 with the following: Construction Manaqer's Continqencv. The Construction Manager's Contingency shall be for the Construction Manager's use against risks assumed by Construction Manager in providing the GMP, including the reasonable and necessary costs incurred by the Construction Manager due to (1) costs of the Project pursuant to Section 8.2 that were not reasonably quantifiable as part of the GMP Amendment, but are reasonably foreseeable andlor inferable from the Contract Documents, (2) unforeseen circumstances relating to construction of the Work not directly or indirectly attributable to Construction Manager's (or its Subcontractors or Suppliers) noncompliance with the Contract Documents, and which result in unavoidable increases in the Cost of the Project ; (3) increased costs/escalation resulting from the Subcontractor and Supplier bidding process due to changed market conditions, as measured against a relevant market index selected by the City; (4) increased Costs of the Project solely to the limited extent resulting from specific matters set forth in the Construction Manager's written report identifying appropriate comments pursuant to Section 2.5.2.4, following Construction Manager's review of the Construction Documents as set forth in Section 2.5.2.4; (4) costs for implementing a hurricane preparedness plan pursuant to Subsection 2.7.17.16, and further provided that all such costs and expenses must be a Cost of the Project. lf bids are received below the applicable line items in the ii) iii) 3l EXHIBIT I Page 2l of 77 86 Miami Beach Convention Center Clark Construction Group, LLC October 2,2015 GMP Clarifications - Part 2 GMP, the buyout savings or surplus will be added to the Construction Manager's Contingency. lf bids are received above the applicable line item in the GMP, the deficiency will be charged to the Construction Manager's Contingency, however such events shall not be cause to increase the Base GMP. lf any costs funded from the CM Contingency are subsequently determined to be the responsibility of the City payable from the City's Contingency pursuant to Section 6.4.2, City shall reimburse such costs, via Change Order. Replace Section 6.4.2(b) with the following: Changes to the Work if ordered by agencies having jurisdiction, provided such Work was not reasonably inferable from the Cbntract Documents and directly results from City's issuance of a Notice to Proceed prior to obtaining full permits thereon. iii) Construction Manager may issue RFI's with suggested responses included and will proceed in accordance with such responses (commonly known as a "confirming RFI's"), subject to the objection of the City. iv) The Architect-Engineer will provide a design to accommodate a 4 inch difference in top-of-slab elevation between East and West Exhibit Halls during Art Basel 2016. We have included the design solution as identified as option "8" as discussed in the Art Basel meeting dated Sep. 22, 2015. d) Schedule i) City anticipates that NTP2 shall cover the balance of the Work for the Construction Phase, less the P-lot park. With respect to the P-lot park, the Architect-Engineer will work with the Construction Manager to develop a design for the P-lot park within the $10 million allowance line item included in the GMP. Any amounts required for the P-lot park in excess of the allowance will require City approval. A separate NTP ('NTP3") will be issued once City and Construction Manager agree on the scope of work and pricing for the P- lot park. ii) The entire MBCC facility will be vacated during the period after Art Basel 2016 through April 23,2017. iii) Construction Manager will use the entire P-Lot for the duration of the project, except during Art Basel events, during which 50% of the lot will be available for Art Basel Event Parking. 25% of the P-lot will be available during Art Basel event load-in and load-out periods. iv) The baseline schedule will be created by Construction Manager and modified jointly with Subcontractors in sufficient detail to plan and coordinate the Work. The schedule will incorporate the clarifications contained in the GMP Amendment, as well as the Work indicated in the 100o/o Construction Documents. The level of detail in the schedule will increase closer to performance of work based on input from each trade. -rl EXHIBIT I Page 28 of 77 87 Miami Beach Convention Center Clark Construction Group, LLC October 2,2015 GMP Clarifications - Part 2 v) City's Maison & Objet, World Out Games, and MLB Experience events shall constitute Milestones for which the provisions of Section 5.2.3 and 9.4.3 of the Agreement shall apply. Article 5.2.3.b, line 1, add the words "it is determined at any time" after the word "extent". vi) Replace the last sentence of Article 9.4.1.1with the following: "Although not identified as a separate activity on the schedule, one day per month critical path delay is assumed to be included in the baseline schedule for adverse weather. Such days will be accumulated in a "weather delay bank" as the work is completed, to be drawn upon as needed based on actual critical path delays resulting from adverse weather." vii) The City will ensure its obligations to Art Basel regarding the availability of space match Construction Manager's obligations identified in Appendix D.. Add the following sentence to the end of Article 5.1.4: "While Construction Manager will coordinate with the City to make meeting rooms and ballrooms available for use during non-Art-Basel Events, the Construction Manager will not be responsible for the City's inability to utilize meeting rooms or ballrooms for such non-Art-Basel Events prior to Substantial Completion, provided Construction Manager has otherwise complied with all applicable provisions of the Contract Documents." viii)Add the following to the end of Article 9.4.1.4: "Solely with respect to the limited categories of Excusable Delays referenced in Article 9.4.1.4, Subcontractors will be compensated for the reasonable and verifiable additional General Conditions costs (as delineated in Article 7.1.2), to the extent such costs were actually incurred by the Subcontractor and directly and solely attributable to the extension of the Contract Time on account of such Excusable Delay, provided the Subcontractor has demonstrated entitlement for such Excusable Delay and has complied with all applicable conditions and notice requirements set forth in the Contract Documents, including, without limitation, Article 9.4 and Article 15 of the Agreement. ix) ln Article 9.4.1 .2, replace the words "the City received the aforesaid written notice from the Construction Manager" with the words " of such act or omission". The Construction Manager and Architect-Engineer will work collaboratively to submit, review and approve or reject submittals, make reasonable design modifications, and provide other assistance to each other as required to facilitate the progress of the Work. Such review and approval shall not relieve the Construction Manager or the Subcontractors from any of its or their responsibilities under the Contract Documents, or be deemed to be an approval or waiver by the City of any deviation from, or of the failure to comply with, any provision or requirement of the Contract Documents unless such deviation or failure has been specifically identified by the Construction Manager in writing and approved by the City in an Amendment to the Agreement. Notwithstanding any provision herein to the contrary, the Construction Manager agrees and recognizes that the City, in reviewing, approving or rejecting any submissions by the Construction Manager or other sl EXHIBIT I Page 29 of 77 88 e) Miami Beach Convention Center Clark Construction Group, LLC October 2,2015 GMP Clarifications - Part2 actions of the Construction Manager, in no way assumes or shares any responsibility or liability of the Construction Manager or the Subcontractors. Paymenti) The GMP line item for General Conditions includes 193,200 labor hours. Add sentence at the end of Section 7.1.2.2: Any adjustment for unused hours, if any, shall be calculated via a credit at the liquidated rate of $110 per unused hour. Notwithstanding the foregoing, in the event Construction Manager achieves the 2016 and 2017 Art Basel Milestones and achieves Shared Savings in accordance with Section 7.2, Cily shall not make any adjustment for unused hours if the City's portion of Shared Savings exceeds the above adjustment. ii) Article 6.5.1 - Add the following: "The amount of the direct cost of the Work associated with such Change Orders will be included as a Cost of the Project for purposes of calculating the amount of Construction Overhead and Profit Fee, if any, to be paid to Construction Manager with each Progress and Final Payment." iii) Add the following to Article 16.15: "For purposes of its reimbursement under the City's GOB Grant Agreement with Miami-Dade County, City agrees to bill County for direct trade costs only." iv) Allowances include all labor, material, and equipment required for the performance of such work. Any funds required in excess of amounts available in an allowance line item shall require City approval. the GMP will be increased or reduced based on the actual cost of such approved work in accordance with the Contract Documents. Any amounts remaining in any allowance account shall be retained by the City and shall not be used for purposes of calculating Project Cost Savings pursuant to Section 7.2 of the Agreement. v) After the issuance of NTP2, City will direct CM to Stop Work if and when necessary to ensure the City does not become obligated for payments under the Agreement, beyond funds authorized for the Project and that sufficient funds are available to pay Construction Manager for work previously performed in accordance with the Contract Documents. lnsurance Construction Manager's liability related to errors or omissions in the design of temporary support of existing, structures and temporary windstorm protection will be limited to its deductibles and the amount of available insurance under Construction Manager's E&O insurance policies. Construction Manager's current E&O coverage limits are $125,000,000, and such coverages shall be maintained throughout the Project. i) Construction Manager will add the City to its GL policy as an additional insured until 12124115 or until the GL Wrap policy is in place, whichever occurs first. 6l EXHIBIT I Page 30 of 77 89 s) Miami Beach Convention Center Clark Construction Group, LLC October 2,20L5 GMP Clarifications - Part 2 Miscellaneousi) Construciton Manager will prepare a noise mitigation and work hours plan for the City's review and approval. Such plan will govern Construction Manager's operations in lieu of related provisions in Division One of the Specifications and other CMB noise and work hour restrictions. Construction Manager will provide advance notice to City of anticipated exceptions required to such plan. ii) 20 feet of space along the North wall of Hall D will be unavailable for events during 2016 to facilitate temporary bracing of existing structures and temporary windstorm protection. iii) The following items will be entered into e-Builder by CM: all Construction Documents, shop drawings, submittals, RFI's, payment applications, and other deliverables expressly required by the Agreement. iv) Delete Article 2.7 .17.28 - Public lnformation Officer.v) RFI responses are considered Contract Documents. Fentress will provide at least one full-time Architect onsite on a full-time basis. Wallace and ME will provide Florida-registered engineers as required to facilitate the progress of the Work, provided, however, nothing herein shall relieve Construction Manager of any of its obligations under the Contract Documents. i) Glass and Glazing subcontractor bonds extend one year beyond Substantial Completion. With respect to the glass and glazing warranty obligation established in the Contract Documents that exceed one year from Substantial Completion, Construction Manager agrees to assign to City any written warranty obtained from glass and glazing subcontractors and suppliers and all rights, claims and defenses Construction Manager may have pursuant to its agreements with the glass and glazing subcontractors. City will accept amounts recovered from the glass and glazing subcontractor in lieu of all other claims, rights, and remedies City may have against Construction Manager arising solely from the acts or omissions, including the defective work, of the glass and glazing subcontractors, regardless of applicable statutes of limitations or repose, provided, however, that nothing herein shall be construed as a waiver or release by City of any other claims that are unrelated to such acts or omissions, including the defective work, of the glass and glazing subcontractor that City may have against Construction Manager for its failure to comply with the Contract Documents or applicable law. h) 7l EXHIBIT I Page 3L of 77 90 lI srcloN 4: DETATLED ESTTMATES Vtoo =o + Uo --oo rn =: o EXHIBIT I Page 32 of 77 91 MBCC Lump Sum General Conditions Estimate October 8, 2015 Position Revised # Mos Total Hours Revised Total Executive VP (30o/o)33 t,7L5 $ 394,376 Proiect Executive 27 4,672 $ 1.074.588 Public Information Officer (Reduced to 10o/o ) 33 520 $ 52,99L Field Suoervision Proiect Superintendent 33 5.776 $ 948,790 New Const. Supt. Found/Struct 24 4,L57 $ 581.9s2 Asst Supt. Bldq Envelope 24 4,157 $ 407,366 Asst Supt. New Const. Finishes 2L 3,647 $ 357.366 Asst Supt. Util/Civil/Landscaoe 24 4.t57 $ 407.366 Supt. Reno/Demo/Concrete 24 4,757 $ 581.9s2 Asst Supt. Hall/OH/Roof 24 4.t57 $ 407,366 Asst Suot. Hall Floor 21 3,647 $ 357.366 Asst Suot. Mtq Rm/BOH/Reno 27 4.675 $ 458,L82 Asst Field Enqineer 29 5,O27 $ 382.0s9 Asst Field Enqineer 29 5.O27 $ 382.059 Field Enqineer 24 4,L57 $ 357,485 MEP Coordinator 33 5,7L6 $ 908.780 Commissioninq Coordinator 24 4,157 $ 640.t47 Low Voltaqe Coordinator 33 2.858 $ 360.083 Test and Balance Coordinator 1B 3,Lt4 $ 323.807 Proiect Management SR Proiect Manaqer 31 5,369 $ 800.011 Foundation/Structure PM 23 3.962 $ s23.010 Bldq Envelope PM 2B 4,850 $ 640.L47 Arch Finish PM 33 5.7t6 $ 754.459 Exhibit Floor PE 28 4,826 $ 390.90s Food Service/Concession PE 24 4.L57 $ 336.701 Proiect Accountant/Cost Control 31 5.369 $ 327.s21 Chanqe Order Manaqement 31 2,936 $ 365,662 Proiect Management Support Schedule Manaqer 33 5,7t6 $ s65.844 Workforce Coordinator 0 $ 792 Waoe Comoliance 33 5.716 $ 274,349 BIM (Reduced to 40olo during last 17 mos) 33 3,99r $ 463.010 EXHIBIT I Page 33 of 77 92 Proiect Administrator 33 5,7L6 $ 274,349 Receptionist 33 5,7L6 $ 222.908 Document Control 25 4.332 $ 463,504 SR QC Manaqer 33 5.716 $ 754.459 Permit Coord/QC Site/Struc 29 5,016 $ 501.560 QC Bldq Envelope 25 4.329 $ 432,920 OC Mechanical/Plumbino 25 4,329 $ 432.920 QC Electrical 31 5.369 $ 536.920 Office Enqineer 33 2,599 $ 348.565 Safety Safetv Manaoer 33 5,7t6 $ 7zs,Bgt Safety Enqineer 25 4.333 $ 359,644 Safety Enqineer 0 $ ( 1.986) Safetv Enoineer 24 4,L57 $ 345.074 Art Basel Supoort Art Basel 2016 - Znd Shift Safety 1 t73 $ 2r.823 Art Basel 20L7 - 2nd Shift Safetv 1 773 $ 21.823 Corporate Resources Buildinq Envelope Executive (10o/o)23 40L $ 49.302 Cost Enqineer (20olo)33 L,L43 $ t7t,468 Purchasinq Manaqer (As Needed)$ 90.000 Director of Sustainable Solutions (5olo) 33 286 $ 34,008 Safetv Reoional Manaoer (10%)33 572 $ 85,734 Estimatinq and Purchasinq (2Oo/ol Preconstruction Manaoer 6 208 $ 24,525 Chief Estimator 6 208 $ 29.305 Estimator Structure 6 208 $ 23,486 Estimator Architectu ra I 6 208 $ 15.380 Esti mator Arch itectura I 6 208 $ 15.380 Estimator Site 6 208 $ 23.486 Estimator Mechanical 6 208 $ 34.709 Estimator Electrical 6 208 $ 29.305 Estimator Buildinq Envelope 6 208 $ 15.380 Total Construction Phase Staff Costs (Excluding 2nd Shift Suoervision)$ 20.907.670 Proiect Executive 3 3t2 $ 68.27s Proiect Su perintendent 3 3L2 $ 47.076 Proiect Manaoer 3 520 $ 73.783 Assistant Superintendent 3 520 $ 57,676 Proiect Enoineer 3 520 $ 47.284 EXHIBIT I Page 34 of 77 93 Receptionist 3 520 $ 32,2L5 Submittal Clerk 3 520 s 32.27s Total Close Out $ 358,524 Other Exp€nses Schedulinq Consultant $ 345.000 CM Jobsite Offices $ 460.000 Office Supplies x $ 89s.0s0 Opoortunitv Trailer $ 30.000 IT Setup for Trailers x $ 481.950 Project IT - Computers/Telephone/Cell Phones/Etc. x $ 484.85s Drawino Reoroduction $ 200.000 Proiect Postaqe $ 2s.000 Travel For Meetinos x $ 355.365 Total Other Exoenses s 3,277.22o x = Reduced by 8.2o/o Summary Staff $ 20.907.670 Close Out $ 358.524 I .OTAL HOURS 193.203 B ENDED RATE $ 110.07 Other Exoenses $ 3,277,220 Total Genera! Conditions $ 24.543.4L3 Less Adjustment to Match GMP Proposal $ (77,s27) GMP Prooosa! General Conditions $ 24,465,886 EXHIBIT I Page 35 of 77 94 GMP Proposal Monthly GC Payment Schedule October 6,20L5 LL/30/zOLs Ssss,ooc L2/3L/201s 505,000 u3Ll2OL6 810.000 2129/2016 810,000 3/3t/201.6 810,000 4/301201,6 830,000 s/3L/201.6 770,000 6/30/2OL6 790,000 7131/20t6 830,000 8/3L120L6 860,000 9130i/20L6 860,000 LO/3L/20L6 860,000 Lu30/2016 885,000 L2/3L/2076 860,000 Ll31/20t7 860,000 2/28/20t7 860,000 3/31/2OL7 845,000 4/30/20t7 845,000 s/3L/2017 825,000 6130/20t7 825,000 7/3L120t7 82s.000 8/3L12017 825,000 9/30/2017 825.000 LOl3Ll2Ol7 800,000 tLl30/2017 79s,000 L2l31.lzOLl 770,OOO Ll3tl2OL8 645,000 2/28/20L8 505,000 3l3tl2OL8 460,000 4130120L8 460,000 sl31.l2Ot8 445,000 6/30120L8 410.000 7/3Ll2OL8 370,000 8/31/20t8 135,000 el30/20t8 135,000 LO/3L/20t8 135.886 Total s24,465,886 EXHIBIT I Page 36 of 77 95 Proposed General Requirements Fotm GENERAI.REQUIREMENTS DuTation QUANTITY UNIT UNITPRICE ToTAL CoMMENTS TRAFFIC USE/RIGHT OF WAY FEES 31 I }Y OWNER PARKING METER REMOVAI- FEES 31 t-s :XCLUDED - NOT REQUIRED MISC PROIECT PERMITS IDERM APPROVAI S1 31 ts }Y OWNER ]UILDING PERMIT 3l ts }Y OWNER SCHEDULE ACCELERATION 31 LS N COST OF WORK TEMPORARY TOITETS 31 1.000 EA s 1ao oo 5 180,00( TESTING AND INSPECTION 31 50 EA S soo.oo S 25.00(3RD PARTY CRANE INSPECTIONS IESTING AND INSPECTION 37 GSF SEPARATE TRADE :OMMISSIONING AUTHORIfl 37 TS 8Y OWNER IEMPORARY EQUIPMENT RENTAL. CRANES 37 MO IN COST OF WORK IEMPORARY EQUIPMENT RENTAT . LIGHT TOWERS 31 100 MO S 475.00 s 142 50t IOEA X 30 MONTHS TEMPORARY EQUIPMENT RENTAL. BOOM tIFT 45' IEVENT 31 30 MO S 1,780 )53,40(1 EA X 30 MONTHS TEMPORARY EQUIPMENT RENTAL - SKID STEER FORKS AND 31 30 MO S 7r7.oo s 21 51(FORK AND STREET SWEEPER ATTACHMENTS FOR SKIO STEER IEMPORARY EQUIPMENT RENTAL. SKID STEER 31 50 MO 5 t,458 5 87,48(2 EA X 30 MONTHS IEMPORARY EQUIPMENT RENTAL - 5POT GEN. RENTAT 3 50 MO S 1.s60 s 78.00(5EA X 10 MONTHS IEMPORARY HOIST 31 MO NOT REQUIRED . TEMP USE OF EXIST AND NEW ETEVATORS IN TRADES EMPORARY EQUIPMENT RENTAL - 2X4 31 6o MO S 4oo.oo s 24,00(2EA X 30 MONTHS VlISC TOOLS AND EQUIPMENT - ALLOWANCT 31 t-5 S 25o.oo(5 2s0,000 Mrsc RENTALS/PURCHASES (SMALL TOOt-S. ETC).EMPORARY FIRE EXT, ALLOWANCE 31 t"s s 10,000 s 10,00(MISC TEMP FIRE EXT IHOT WORK).EMPORARY HEAT 31 ts !OT REQUIRED - CONSUMPTION BY OWNER vlol 31 LS 5 40,ooo 5 40,00r MOT PERMIT PRICE PER STEVE W - BISCAYNE ENGINEERING ONSTRUCTION EMPLOYEE PARKING/SHUTTLE 31 LS EXCI-UDED - ASSUMED USE OF P LOT FOR WORKERS :OVEREO WALK 31 325 LF s 250 0c t 81,2s(TEMPORARY WALKWAYS :OVERED WALK 31 400 LF S 2so.oo 5 1oo.oo(TEMPORARY BUILDING ENTRANCES/WALKWAYS INSIDE THE BUILDING )N SITE STORAGE CONTAINERS 31 30 MO s 2.580 s 77 AOt JOB BOX€S, CONTAINER RENTAL l4 x 30 Months) - 40' Container EMPORARY SITE FENcING {6' Chaanlink)LS :ONVENTION CENTER -EMPORARY SITE FENCING I5' ahainlinkl 1 LS S 98.462 s 9a 46::ONVENTION CENTER. RELOCATIONS. ART BASEL 2016 EMPORARY SITE FENcING {6' Chaanlink ts ]ONVENTION CENTER - RELOCATIONS - ARI BASEL 2O17 'EMPORARY POWER TO SITE LS JSE EXIsTING SYSTEMS FOR CONV CTR, TEMP POWER TO TRAILERS,EMPORARY POWER CONSUMPTION GSt ]Y OWNER ,ECONDARY ELECTRICAL SERVICE DUCTBANK (FOR TEMP lT[ rTrFs\ )7 1 L5 S 2ss,oo(\LLOWANCE INC OWNER TRAILERS (SEE MOD SPACE PROPOSAL) .EMPORARY PHONE SERVICE/HOOKUP LS .EMPORARY PHONE MONTHTY CHARGES 31 30 MO S 1.soo s 45.00(..ESTIMATE' .ELECOMMUNICATIONS DUCTBANK (TEMP SERVICE)31 1 TS JSE EXISTING SYST€MS FOR CONV CTR. IEMP TELECOMM TO TRAITERS TRAILER UTII-ITIES FOR HILL I t-s TRAILER FOR HITT 1 LS S 144.ooo s 185 00(\ttOWANCE TELOCATE EXISTING AT&T ]Y OWNER lELD ENGINEERING, CERTIFIED I.AYOUI AND SURVEY, UONITORING FYI<TING <TPI I-I IPFS 31 I LS S 27o.ooo S 27o.oo(}UILDING CONTROI., SITE STAKEOUT, GRADING, STAB EDGE5, ETC. THIRD PARTY DESIGN FOR TEMPORARY BRACING LS s 96mo 96,00(ilPM PROPOSAL THIRD PARTY R€VIEW OF ENCLOSURE & WATERPROOFING L5 5 es,000 S 95,00(MJE PROPOSAL + FIELD TEST AND VISITS ]OSTS FOR ENCTOSURE AND WATERPROOFING CONSUI-TING t-s S 2o.ooo S 20 oo(MPTEMENT WJE COMMENTS :IRE/LIFE SAFETY CONSULTANTS ts S 5r5,oo(s s15.00(r'IICHAEL SHEEHAN PROPOSAL :P&L CONSULTANT S 1o.oo(s 10.00(IODTEC CONSUTTING IAZAROOUS MATERIAL SURVEY - CONVENTION CENTER LS !OT INCI.UDED \DJACENT BUITDING IASER SCANNING 31 ls NOT INCLUDED lELD ENGR EQUIPMENT AND MATERIALS 31 30 MO S 2.45c S 73.50(EOUIP. FOR FIELD ENGINEERING JTII-ITY LOCATOR 31 LS }UILDING LASER SCANNING 31 1 t-s S 12o.ooc S 12o.oo(INNOVTEC PROPOSAL FOR BIM MODEL :INAL CTEAN GLASS AND ATUMINUM 3t 210.000 SF IN BELO\A INEFF DUE TO FINS :INAL EUILDING CLEANING 31 1,406,315 GSF IN BELO\A ART BASEI,2016 :INAL BUII-DING CLEANING 3t t.406.315 GSF IN BELO\A FINAL CLEANING :INAL BUILDING CLEANING t,406,37 5 GSF s o.44 S 62s,oo(ART BASEL 2017 }UILDING CLEANUP FOREMAN. FOR EVENT PREP 30 MO S 1s.1ss S 454 6sc 2 EA X sOHR/WK X S35/HR }UII.DING CLEANUP FOREMAN - FOR ART BASET PREP 2 MO s 15,15s S 30,31(2EA X50HR/WKXs3s/HR }UILDING CI.EANUP LABOR - FOR ART BASEL PREP 2 MO S 43.330 5 85.56C 10 EA X sOHR/WK X S2O/HR }UILDING CTEANUP LABOR - FOR EVENT PREP 30 MO s 21,65s 5 649,9s(t EA X 50HR/WK X s2o/HR .RAILER CLEANUP I-ABOR - CLARK, OWNER AND 30 MO S 3.ooo 90.00c MOXHR/WKXS/HR) .EMP IOOR PROTECTION 553.942 SF s o50 5 276,97 TESILIENT - KRATT PAPER OR EQUAT .EMP IOOR PROTECTION 146,540 SF s 2.50 S 366.3sc TERRMZO - RAM BOARD OR EOUAL .EMP FTOOR PROIECTION 2.545 SF 5 2.50 5 6,363 TITE - RAM BOARD OR EQUAI- .EMP TOOR PROTECTION 2s0,000 SF 5 2.50 S 62s.ooc :VENT PREP FLOOR PROTECTION )UMPSTERS - 30 CY 1.200 TOAD s 600.00 S 72o oo( .EMPORARY ROOF PROTECTION 75,000 SF 5 3.00 S 22s.oo()ROTECT EXIST. CONDITIONS TO REMAIN EMPORARY PARTITION. BUILD & DEMO 34.500 SF S 1s.oo E 517.50(loofOpening @ Brid8e Removal 575 LF x 30'W x 15' H IiEATHERPROOF TEMP PART. - BUILD & OEMO 34 500 SF 5 4.00 s 138,00(loofOpeninq @ BradEe Removal 575 LF x 30'W .EMPORARY PARTITION. BUILD & DEMO 2,500 sf S 8.oo s 20.00(\R BASEL 2015 **ESTIMATE** {Misc for Ped Walks) VEATHERPROOF TEMP PART. - BUILD & DEMO 2.500 sf s 4.00 s 10 00(\R BASEL 2016 **ESTIMATI VEATHERPROOF TEMP PART. . BUILD & DEMO 5,000 sf S 4.oo 5 20,00(\R BASET 2017 **ESTIMATE** s.000 LF x 10 H TEMPORARY PARTITION - BUILD & DEMO 5.000 st S 8.oo s 40.00(\R BASEL 2017 - "ESTIMATE+' (Misc tor Ped Walks) TEMPORARY PARTITION - BUILD & DEMO (INT FOR EXH fail l 31 41,850 st 5 2s.00 5 1.O46.2s1 XH HALLS A&B 2016 930 tF x 46' H (20 + 5 Demo) TEMPORARY PARTITION . BUILD & DEMO (EXT FOR DEMO) - N 31 24,150 SF S 3o.oo S 724.s0(.IGHTWEIGHT TRUSS METAL DECK W COLUMN BRACING EXHIBIT I Page 37 of 77 96 GENERAI- REQUIREMENTS fotal Construction Phase - General Requirements DuTation QUANTITY UNIT UNITPRICE TOTAL COMMENTS S 14,760,103 IEMPORARY PARTITION - BUILO & OEMO (EXT FOR DEMO) - E 31 10,000 SF S 30oo S 3oo.oo(.IGHTWEIGHT TRU55 METAL DtCK W COLUMN BRACING TEMPORARY PARTITION - EUILD & DEMO (INT FOR EXH HALL) 31 41,850 SF 5 1s.oo s 627,75t :XH HAttS C&D 20I7 . PANELIZE, REUSE FROM OTHTR SIDE IEMPORARY PARTITION - BUILD & DEMO (EXT FOR DEMO) -31 36,490 SF S 3o.oo S 1,094,70(,IGHTWEIGHT TRUSS METAL DECK W/ COLUMN BRACING .EMPORARY PARTITION . BUILD & DEMO (EXT FOR DEMO).31 7.175 SF 5 30.00 5 215.25(,IGHTWEIGHT TRUSS METAL DECK W/ COIUMN BRACING .EMPORARY ENCTOSURE 31 1 EA S 2.soo S 2.so()OOR HARDWARE ROOM.EMPORARY SHEDS 31 1 EA s 10mo 5 10,00(;ECURITY ROOM ;ERVICE CORRIDOR FOR MECC IN EXHIBIT HALLS 31 900 LF S so.oo S 4s.oo(.EMP ROAD FOR TRUCKS TO ACCESS D HATT ,IAUL AND PTACE STONE FOR TEMPORARY ACCESS ROADS 3l 4,250 c S 34.00 S 144.50(-EMP. CRANE ROADS {1,900 Lt x 50'Wide, 1'Thick) :LEVATOR CAB TEMPORARY PROTECTION AND OPERATOR 31 N ELEVATORS ;TREET SIGNAGE . PEDESTRIAN SIGNAGE 31 1 ts S so.ooc S 5o.oo(STREET CLOSURES/PED PROTECTION ++ESTIMATEI ONCRETE BARRICADES 31 3.375 LF S 78.00 s 253 25(STREE I CLOSURES/PED PROTECTION "ESTIMATE+.RASH CHUTE AND OPENING PROTECTION 31 6 EA s 5,000 s 30,o0( RASH CHUTE 6 tt S 1.30c s 7ao( IRE WATCH 2 MO 5 108,000 S 216,00(10 EA - 2 Months 24 Hours/Dav {Art Basel 2016 and 2017) iECURITY SERVICES 22 MO s 43.8s1 S 964.i2c Secure Construction Zone From Active Evehts 3 EA 24 Hours/Dav IRE WATCH 31 24 MO S 16.542 s 397 00t 4 EA - 24 Mohths 8 Hours/Dav 'ECURITY SERVICES 2 MO 5 57,oOC S 114.ooc Secure Construction Zone From Ad Basel - 4 EA 24 Hourc/Dav SECURITY SERVICES 24 MO S 11.875 S 285.ooc P LOT PARKING - ENTRY (24 MOS,24 Hours/Day) AS BUILT DOCUMENTATION L LS s 75 000 s 75,OO(ESTIMATET* E EUILDER USER FEES (INC SUES)250 EA ]Y OWNER PHOTOGRAPHS/VIDEOGRAPHY (EXIST CONDITIONS, CONSTRUCTION PHASE, ETC) l1 1 L5 S 43,ooo S 43,00(MUTTIVISTA + PROTESSIONAL FINAT PHOTOS ,VEBCAM EA S 21.500 s 43 00(T ESTIMATT )ISPUTE RESOLUTION - ALLOWANCE LS 5 s0,000 5 50,00( SAFETY RAIt 31 22,500 LT S 4.oo s 90.00(;tAB EDGE SAFETY RAILS . MAINT. & REMOVAL* 0EWATERTNG **i 31 ts N COST OF WORK TERMITE CONTROL @ INT DOCK AREA t5 S tN EEtO\r TERMITE CONTROL 31 LS s 41 627 41 6)'.;UB QUOTE SCAFFOTDING. INTERIOR st s 2.00 N COST OF WORK \BC TYPE FIRE EXTINGUISHER - 2OLB PLUS 31 200 EA S 12o.oo s 24 00t :ire Ext. Forlobsite EXHIBIT I Page 38 of 77 97 llsrcrroN 5: pRELTMTNARy coNSTRUCTIoN scHEDULE Vtoo =o J !+ -! 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Agreement between Owner and Clark dated May 2L,2OL5. 2. General Conditions of the Agreement between Owner and Clark. 3. Wage Scale General Decision Miami Dade County in Florida F1150027 dated 01.09.20L5. 4. E- Builder RFI Log dated 10.08.2015 (RFt',s # l thru 96). 5. Part B - Drawings - L2 volumes dated 8.20.2015 a) Volume 1a Civil, Landscape b) Volume Lb Structural c) Volume 2a Architecture d) Volume 2b Architecture, Vertical Transportation e) Volume 3a Fire Protection f) Volume 3b Plumbing g) Volume 3c Mechanical h) Volume 4a Electrical i) Volume 4b Electrical j) Volume 5a Telecommunications, Security, Audiovisual k) Volume 5b Food Service, Signage l) Volume 6 Park Pavilion 5. Part C - Specifications - 4 volumes dated 8.20.2OL5 a) Volume l- Divisions 00-08 b) Volume 2 Divisions 09-14 c) Volume 3 Divisions 21-23 d) Volume 4 Divisions 26-32 7. Part D - Electronic Files a) Architectural b) Electrical c) Life Safety d) Mechanical e) Plumbing 0 Structural 8, Appendices: a) Part E Phase I Environmental Study dated 11.4.20L4 b) Part F Phase ll Environment Report dated 02.03. 2015 c) Part G Biscayne Engineering Site Survey dated 10.28.2014 d) Part GL - Biscayne Engineering Survey Point Clouds dated 5.15.2014 and 5.L6.2OL4 e) Part H Convention Center As built drawings il 1957 scanned drawing files ii) |972 scanned drawings files iii) 1985 scanned drawing files iv) 1987 scanned drawing files v) 1988 scanned drawing files vi) 1990 scanned drawing files MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT MIAMI BEACH, FL Contrax/l 1345 I Page: I of2 EXHIBIT I Page 76 of 77 135 MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT MIAMI BEACH, FL CONTRACT DOCUMENTS vii) 2000 scanned drawing files viii) 2001 scanned drawing files ix) 2002 scanned drawing files x) 2003 scanned drawing files xi) 2009 scanned drawing files 0 Part I Convention Center Bus Duct Replacement Record Drawings dated 9.6.20L4 g) Part J 2Lst Community Center Building Record Drawings h) Part K Asbestos Survey Reports for Convention Center, 2l-st Community Center, Bandshell date 02.03.20L5 Part L Ameresco Geothermal System Record Documents dated 9.6.2012 Part M Art ln Public Places (AIPP) Call For Artists (lnformation to be issued at a later date) Part N Traffic lmpact Study dated 12.3.2014 Part O Geotechnical Report For Civil lmprovements & Structures dated 08.06.2015 & 08.07.2015, respectively m) Part P Design Review Board Final Orders File Numbers 23100 and 23L05 dated 11.4.2014 n) Part Q Historic Review Board Final Order dated 01.23.201-5 o) Part R - TLC Engineering Reports dated 09.23.2010 and LL.29.2OLOPart S Roof Moisture Survey and Composite Plans dated 06.15.2015 p) Part S - Roof Moisture Survey dated 6.10.2015 q) Part SL - Roof Replacement Drawings dated L.30.1998 r) Part T - Aeroacoustic Assessment Report dated 6.15.20L5 s) Part TL - Cladding Wind Load Study dated 7.25.2OL5 t) PartT2 - Structural Wind Load Study dated 7.24.20Ls u) Part U - Soils Management Plan dated 8,05.20L5 v) Part V - Smoke Control Design Brief dated 7.30.20L5 w) Part W - Commissioning Plan Draft x) 2OL4 1.1L2 MB Standard Survey - Public Works Department dated 11.1,2.201,4 i) i) k) r) Contrax/l I 345 I Page: 2 of 2 EXHIBIT I Page 77 of 77 136 137 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute An Amended And Restated Agreement With Hill lntemational, lnc., For Owner's Representative Services For The Miami Beach Convention Center Renovation And Expansion ect ("Project"), ln The Amount Of $6,303,753. On July 30, 2014, the Mayor and Commission authorized the issuance of RFP 2014-248-ME for Owners Representative Services for the Miami Beach Convention Center Renovation and Expansion (the RFP) assuming the project would be delivered under a design-build approach. On November 19, 2014, the City Commission authorized the Mayor and City Clerk to enter into an agreement for $4,028,428 with Hill lnternational, lnc. for Owners Representative Services for the Miami Beach Convention Center Renovation and Expansion under a design-build project delivery approach. On February 11,2015, the City Commission elected to re-bid the Project undera Construction Manager-at-Risk (CMR) project delivery method, an approach that allows for the continued development of the design of the Project under the City's direction, with the benefit of input from the Construction Manager prior to establishment of the Guaranteed Maximum Price (GMP) for the Project. Under CMR approach, the City contracts independently with the design team (Fentress) and the Construction Manager (Clark), requiring additional City direction and coordination, and in turn, additional Owner's Representative services. Basic Services and Expenses Fees and expenses have increased by $1 ,557,245, from $4,028,428 lo $5,585,673. The new total represents 0.9'l % of the $615.7 million Project budget. The increase is comprised of the following: o An increase from 5.22 to 7.28 fulltime equivalents over the 30-month construction period at an average rate of $145 per hour totaling $1,650,125. This includes the addition of a full time quality assurance/quality control manager, the addition of a document controller to address contractor-architect question and answers (80% FTE), and increases to scheduling oversight and estimating required under the CMR approach.. Expenses reduced by $92,880 due to trailer rental and setup expenses being part of the GMP, and no longer paid by Hill. Additional Services - Threshold lnspections . The addition of threshold inspection services totaling $718,080 at an average rate of $90 per hour. The Administration recommends the City Commission adopt the Resolution. Advisory Board Recommendation: Financial lnformation : Amount Account 1 $2,275,325 Line of Credit Fund 443 2 OBPI Total $2,275,325 Financia! lmpact Summary: N/A lmprove alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture, ente(ainment & tourism. Data , Environmental Scan, etc) N/A Item Summary/Recommendation : Departmegt.Qirector Assistant City Manager Gity I anager MH 4Q JLM f' 1\Hill lnt'l Amendment\Hill Amended and Restated - SUMMARY.docx Aoenda Item R1L Dateio_2btsMIAMIBEACH138 g MIAMIBEACH City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov CO ISSION MEMORANDUM TO: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: October 21, 2015 the City SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF MIAMI CLERK TO EXECUTE AN AMENDED AND RESTATED AGREEMENT WITH HILL INTERNATIONAL, !NC., FOR OWNER'S REPRESENTATIVE SERVICES FOR THE MIAM! BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT ("PROJECT"), tN THE AMOUNT OF $6,303,753. ADMI NISTRATION RECOMM EN DATION Adopt the Resolution. KEY INTENDED OUTCOME lmprove alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture, entertainment & tourism. FUNDING $ s12,s93 $ 3,515,835 $ 2,275,325 $ 6,303,753 165-2816-061357 RDA Non-trust Fund Special Revenue (previously appropriated) Line of Credit Fund 443 (approved on November 19, 2014) Line of Credit Fund 443 BACKGROUND On July 30, 2014, the Mayor and Commission authorized the issuance of RFP 2014-248-ME for Owners Representative Services for the Miami Beach Convention Center Renovation and Expansion (the RFP) assuming the project would be delivered under a design-build approach. On November 19, 2014, the Mayor and City Commission authorized the Mayor and City Clerk to enter into an agreement for $4,028,428 with Hill lnternational, lnc. for Owners Representative Services for the Miami Beach Convention Center Renovation and Expansion under a design-build project delivery approach. On February 11, 2015, the Mayor and City Commission adopted Resolution No. 201 5-28924, cancelling the Design/Build solicitation for the Project and directing the Administration to proceed with a Construction Manager-at-Risk (CMR) project delivery method, an approach that allows for the continued development of the design of the Project under the City's direction, with the benefit of input from the Construction Manager prior to establishment of the Guaranteed Maximum Price (GMP) for the Project. Under the CMR approach, the City contracts independently with the design team (Fentress) and the Construction Manager (Clark), requiring additional City direction and coordination, and in turn, additional Owner's Representative services. This Amended and Restated Agreement with Hill lnternational, lnc., for owner's representative services for the Project revises the contract form, scope of services, staffing requirements, fees, and expenses driven by the change from design-build to CMR approach. 139 Hill lnternational- Owner's Representative Services for the MBCC Expansion and Renovation Project October 21, 2015 Page 2 of 2 FEE !NFORMATION Basic Services and Expenses A copy of the Amended and Restated Agreement is attached as Exhibit A. Fees and expenses have increased by $1,557,245, from $4,028,428 to $5,585,673. The new total represents 0.91o/o of the $615.7 million Project budget. The increase is comprised of the following: . An increase 'from 5.22 to 7.28 full-time equivalents over the 3O-month construction period at an average rate of $145 per hour totaling $1 ,650,125. This includes the addition of a full time quality assurance/quality control manager, the addition of a document controller to address contractor- architect question and answers (80% FTE), and increases to scheduling oversight and estimating required under the CMR approach. . Expenses reduced by $92,880 due to trailer rental and setup expenses being part of the GMP, and no longer paid by Hitl. Additional Services - Threshold lnspections o The addition of threshold inspection services totaling $718,080 at an average rate of $90 per hour. CONCLUSION/RECOM M EN DATION The Administration recommends that the Mayor and City Commission adopt the attached Resolution approving and authorizing the Mayor and City Clerk to execute an Amended and Restated Agreement with Hill lnternational, lnc., for owner's representative services for the Miami Beach Convention Center Renovation and Expansion Project, in the amount of $6,303,753. Exhibits: A. Amended and Restated Agreement B. Service Order No. 3 for Threshold lnspection Services JLM / MH T:\AGENDA\201S\OctobeAMBCC Oct 21\Hill lnt'l Amendment\Hill Amended and Restated - MEMO v2.docx 140 RESOLUTION NO, 2015. A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED AND RESTATED AGREEMENT WITH HILL INTERNATIONAL, INC., FOR OWNERS REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT ("PROJECT"), !N THE AMOUNT OF $6,303,753. WHEREAS, on July 30, 2014, the Mayor and Commission authorized the issuance of RFP No. 2014-278-ME for Owners Representative Services for the Miami Beach Convention Center Renovation and Expansion Project (the RFP); and WHEREAS, on November 19, 2014, the Mayor and Commission adopted Resolution No. 2014-28849, approving the Owner's Representative Services Agreement with Hill lnternational, lnc.; and WHEREAS, subsequently, on February 11, 2015, the Mayor and City Commission adopted Resolution No. 2015-28924, cancelling the Design/Build solicitation for the Project and directing the Administration to proceed with a CM at Risk procurement methodology, whereby the construction contractor provides pre-construction services for the Project and, following approval of a Guaranteed Maximum Price amendment, the construction phase services for the Project; and WHEREAS, on May 21, 2015, the Mayor and City Commission adopted Resolution No. 2015-29028, approving the CM-at-Risk Agreement between the City and Clark Construction Group, LLC, and authorizing pre-construction services for the Project; and WHEREAS, since May 21, 2015, the City's architect of record for the Project, Fentress Architects, has advanced the design documentation for the Project, and City and Clark have developed and negotiated a proposed Guaranteed Maximum Price ("GMP") for the Project, which GMP Amendment will be considered at the October 21,2015 City Commission meeting; and WHEREAS, the Administration has updated the City's agreement with Hill to conform to the CM-at-Risk delivery method for the Project, provide for the additional monitoring and coordination services required under the CM-at-Risk approach, and authorize a Consultant Service Order for threshold inspection services required for the Project; NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute an Agreement with Hill lnternational, lnc., attached hereto as Exhibit "A," for Owners Representative Services for the Miami Beach Convention Center Renovation and Expansion Project, in the amount of $6,303,753. 141 PASSED AND ADOPTED this ATTEST: Rafael Granado, City Clerk Philip Levine, Mayor day of 2015. fffiffiffi, ttt^fl-'r5qv@V-il* 142 Exhib* A AGREEMENT BETWEEN CITY OF MIAMI BEACH AND HILL INTERNATIONAL, ING. FOR OWNER'S REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT Resolution No. I OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION143 TABLE OF CONTENTS DESCRIPTION ARTICLE 1. DEFINITIONS ARTICLE 2. BASIC SERVICES ARTICLE 3. THE CITY'S RESPONSIBILITIES ARTICLE 4. ADDITIONAL SERVICES ARTICLE 5. REIMBURSABLE EXPENSES ARTICLE 6. COMPENSATION FOR SERVICES ARTICLE 7. CONSULTANT'S ACCOUNTING AND OTHER RECORDS ARTICLE 8. OWNERSHIP OF PROJECT DOCUMENTS ARTICLE 9. TERMINATION OF AGREEMENT ARTICLE 10. INSURANCE ARTICLE 11. INDEMNIFICATION AND HOLD HARMLESS ARTICLE 12. LIMITATION OF LIABILITY ARTICLE 13. NOTICE ARTICLE 1 4. MISCELLANEOUS PROVISIONS SCHEDULES: SCHEDULE A - SCHEDULE A-1 SCHEDULE B - SCHEDULE C - SCOPE OF BASIC SERVICES - CONSULTANT SERVICE ORDER CONSULTANT COMPENSATION, HOURLY RATES AND FEE SCHEDULE INSURANCE AND SWORN AFFIDAVITS PAGE 3 6 9 10 11 11 13 13 14 15 17 17 18 18 22 29 30 2 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION144 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND HILL INTERNATIONAL, INC. FOR OWNER'S REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT This Agreement made and entered into this _ day of October, 2015 (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 HILL INTERNATIONAL, lNC. a Delaware corporation having an office at601 Brickell Key Drive, Suite 600, Miami, FL 33131 (hereinafter referred to as Consultant or Owner's Representative). WITNESSETH: WHEREAS, the City issued a competitive solicitation for an Owner's Representative to provide comprehensive services in the organization, coordination, management and administration of all aspects of the renovation and expansion of the Miami Beach Convention Center (the Project), on the terms and conditions set forth in this Agreement; and WHEREAS, the Consultant desires to contract with the City for performance of those certain professional services relative to the Project. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEF!NITIONS 1.1 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to and not othenruise contemplated by or related to the Basic Services set forth in Schedule A hereto, which the Consultant shall perform, at the City's option, and which have been duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 1.2 BASIG SERVICES/SERVICES: "Basic Services" or "services" shall mean all services, work, and actions by the Consultant performed pursuant to the terms of this Agreement and as described in Schedule A of this Agreement. Any work or scope of services not specifically included as Additional Services (as defined herein) shall be considered Basic Services. 1.3 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,33139. 1.4 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.5 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized representatives designated in writing (including the Project Coordinator) with respect to any specific matter(s) owNER's RE'RESENTATT'E sERVT.ES - MrAMr BEA.H ao*r=*t,o'* .ENTER REN.,ATToN & EX'ANST.N145 concerning the Services and/or this Agreement (exclusive of those authorizations reseryed to the City Commission or regulatory or administrative bodies having jurisdiction over any matte(s) related to the Project, the Services, and/or this Agreement). '1.6 CONSULTANT/OWNER'S REPRESENTATIVE: The named entity on page 1 of this Agreement, the "Consultant" or "Owner's Representative" shall mean the licensed firm that has entered into a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, approved sub-consultants, agents, and any other person or entity acting under the supervision, direction, or control of Consultant. 1.7 CONSULTANT SERVICE ORDER: "Consultant Service Order" shall mean the work, services and/or tasks assigned by the City to Consultant (and issued pursuant to the notice, in substantial form, attached as in Schedule "A-1" hereto), and specifically describing and delineating the particular Services (Basic and otherwise) which will be required of Consultant for the portion of the Services that is the subject of such Order. Consultant shall not commence any Seryices, and shall not be compensated for any Services, unless authorized in advance by a Consultant Service Order. 1.8 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, an adjustment in the fee and/or completion dates. Unless the City Commission othenruise delegates authority to the City Manager, contract Amendments shall be approved by the City Commission if they exceed fifty thousand dollars ($50,000.00) or the City Manager if they are fifty thousand dollars ($50,000.00) or less (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than fifty thousand ($50,000.00), the City Manager reseryes the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. 1.9 CONTRACT DOCUMENTS: "Contract Documents" shall mean the agreement between the City and Construction Manager, dated May 21, 2015 and approved pursuant to Resolution No. 2015-29028, for the construction of the Project (together with all exhibits, addenda, and written amendments issued thereto), including completed Construction Documents (once approved by the City), and any approved modifications thereto. 1.10 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean all technical drawings and other documents issued by the Architect-Engineer identifying, among other things, the design, location, and dimensions of the Work and which set forth in detail the requirements for the construction of the Project, and generally including plans, elevations, sections, details, schedules, diagrams, Shop Drawings, and the specifications with the written requirements for materials, equipment, systems, standards and workmanship for the Work (including Division 1 through _ of the Specifications). 1.11 CONTRACTOR/CONSTRUCTION MANAGER: "Contractor" or "Construction Manager" shall mean Clark Construction Group, LLC, the entity contracting with City for the construction of the Project, in accordance with the Contract Documents. 1.12 ARCHITECT-ENGINEER: The"Architect-Engineer" shall mean FentressArchitects, the firm that has entered into a separate agreement with the City to perform architectural, engineering, or other design and construction administration services for the Project, and/or such other architects, engineers, or consultants employed by Architect-Engineer for the Project. owNER's RE'RESENTATT'E sERVTcES - M.AMr BEACH "o*r=*r,o1, cENTER RENovATToN & ExpANSroN146 Wherever the word "Architect" or "Engineer" appears in the Contract Documents, it shall be deemed to refer to the ArchitectEngineer and/or the design professionals engaged by the Architect-Engineer. 1.13 DESIGN DEVELOPMENT DOCUMENTS: "Design Development Documents" shall mean the plans, specifications, and other documents developed by the Architect-Engineer during the Design Development phase of the Project, which fix and describe the size and character of the Project as to architectural, structural, mechanical, plumbing and electrical systems, materials, and such other elements as may be appropriate. 1.14 FORCE MAJEURE: Solely for purposes of this Agreement, a "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of sub-consultants/sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. 1.15PROJECT: The "Project" shall mean the complete renovation of the Miami Beach Convention Center ("Convention Center"), including an expansion of a ballroom and auxiliary spaces; parking above portions of the Convention Center; exterior landscaping and a 6.5 acre public park; the renovation of Convention Center Drive, including relocation of utilities; and all Work, including permitting, construction and code inspection that is required to accommodate and complete the Project in accordance with and as detailed in the Contract Documents, and as is contemplated thereby or reasonably inferable therefrom. 1.16 PROJECT CONSULTANT: The "Project Consultant" shall mean Strategic Advisory Group, a strategic consultant to the City for the Project. 1.17 PROJECT COORDINATOR: The "Project Coordinator" shall mean Maria Hernandez, Project Director for the Miami Beach Convention Center District, or the individual designated in writing by the City Manager who shall be the City's authorized representative to coordinate, direct, and review (on behalf of the City) all matters related to the Prolect. 1.18 PROPOSAL DOGUMENTS: "Proposal Documents" shall mean Request for Proposals No. 2014-278-ME entitled "Owner's Representative Services for the Miami Beach Convention Center Renovation and Expansion Project" issued by the City in contemplation of this Agreement, together with all amendments thereto (if any), (the RFP), and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 1.19 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A Schedule B Schedule C Scope of Basic Services. Consultant Compensation, Hourly Billing Rates, & Fee Schedule lnsurance Requirements and Sworn Affidavits 5 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION147 1.20 SCOPE OF SERVICES: "Scope of Services" shall include the Basic Services described in Schedule "A" hereto, and any Additional Services (as approved by the City), and shall include the particular work, services, and/or tasks assigned to Consultant pursuant to the City's issuance of a Consultant Service Order. 1.21 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods, procedures, etc. necessary or convenient to performance by Construction Manager of all duties and obligations proposed by the Design Build Contract for design and construction of the Project. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide the Basic Services, as set forth in Schedule "A" hereto and authorized by Consultant Service Orders. 2.2 Consultant shall provide a project team at all times that shall have sufficient capacity, skill and experience to perform the Services ("Consultant's Team"). The Consultant's Team is considered essential to the performance of the Services. The initial Consultant's Team identified in the Consultant's Proposal is approved by the City. 2.2.1. Consultant agrees to designate Steve DiBartolo as its project manager (hereinafter referred to as the "Project Manage/'). 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 Coordinator. 2.2.2. Consultant may not, without the advance written consent of the City, reassign or replace any member of the Consultant's Team or divert any member of the Consultant's Team to other projects, including but not limited to the Project Manager. Any replacement personnel shall be subject to the Project Coordinator's advance written approval. City shall at all times have the right to approve the specific Consultant employees performing work on the Project. City shall have the right to require the substitution or removal of any Consultant employee from the Project, if in the City's sole judgment, such employee's conduct or performance is detrimental to the Project. 2.3 The Services will be commenced by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager or Project Coordinator. Consultant shall countersign the Consultant Service Order upon receipt, and return the signed copy to the City. 2.4 As it relates to the Services and the Project, Consultant warrants and represents to City that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws") and that Consultant is experienced, fully qualified, and properly licensed pursuant to all applicable laws to perform the Services. As they relate to the Services and to the Project, the Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. Consultant shall require that its subcontractors, if any, maintain any and all necessary governmental licenses, certificates, owNER's RE'RESENTATT,E sERVT.ES - M'AMr BEA.H "o*u=*r,ou* .ENTER RENovATToN & ExpANSroN148 approvals, and permits that are required for the performance of the Services. The Consultant agrees to maintain in full force and effect all such required licenses, certificates, approvals, and permits throughout the Term. 2.5 Consultant shall diligently coordinate performance of its Services with the City (through the Project Coordinator) in order to facilitate the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.6 Consultant acknowledges and agrees that it may be required, from time to time, to provide the Services outside of normal working hours in order to monitor the progress of the Construction Manager's Work, based on the Construction Manager's schedule for performance thereof. Consultant acknowledges and agrees that any costs associated with such scheduling requirements are incorporated into the fees/hourly billing rates set forth in Schedule B. 2.7 The Consultant warrants and represents to City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the administration of comparable projects in South Florida. 2.8 Consultant acknowledges and agrees that time is of the essence in the completion of a Project. 2.9 The term of this Agreement shall commence upon execution by the parties which shall be the Effective Date and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, including the time for completion of the work and/or services as set forth in any Consultant Service Order. Nothing herein shall prevent the City from exercising its rights to terminate the Agreement, as provided elsewhere herein. 2.10 Consultant shall use reasonable professional efforts to maintain a constructive, professional, cooperative working relationship with the Prolect Coordinator and other City staff, Construction Manager, the Architect-Engineer, and any and all other individuals and/or firms that have been contracted, or othenuise retained, to perform work on the Project. 2.11 The Consultant shall perform the Services and its duties under this Agreement in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all Services required under the Agreement and, under any Consultant Service Order issued to the Consuttant by the City (including the Services performed by sub-consultants), within the specified time period and specified cost. Consultant shall provide the personnel, and project hours, identified in Schedule B. The Consultant is responsible for, and shall represent to City that its work conforms to the City's requirements, as set forth in the Agreement. 212 The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's negligent acts or omissions in the performance of the Services. ln addition to all other rights and remedies, which the City may have, the Consultant shall, at its expense, re- perform all or any portion of the Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with the Agreement terms. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of the Services required under the Agreement shall be construed to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's owNER's RE'RESENTATT'E sERVT.ES - MrAMr BEA.H "o*u=*r,J, .ENTER RENovATToN & EX'ANST.N149 rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or its sub-consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts or omissions in the performance of the Agreement. With respect to the performance of Services by sub-consultants, the Consultant shall, in approving and accepting such Services, confirm the professional quality, completeness, and coordination of the sub-consultant's Services. The Consultant is advised that performance evaluation(s) of the work andlor services rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.13 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. 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non- public information concerning the Services or the Project, without the prior written consent of the City Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its employees and sub-consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services, as described in this Agreement and in Schedule "A" hereto, do not delineate every detail and minor work task required to be performed by Consultant to complete the work and/or services described and delineated under a Consultant Service Order. Any ancillary work that may be required or necessary for the successful completion of the Basic Services shall be deemed to be a Basic Service under this Agreement and shall also be deemed to be within the scope of services delineated in the Consultant Service Order (whether or not specifically addressed in such scope of services). 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. ln addition, Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 The City's participation in the design and construction of the Project shall in no way be deemed to relieve the Consultant of its professional duties and responsibilities under this Agreement and/or applicable laws. 2.18 Consultant shall not utilize any sub-consultants to complete the Services, except upon the advance written approval of the City, which approval may be withheld at the City's sole discretion. Any services provided by sub-consultants, if approved by the City Manager, shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the sub-consultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the sub-consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager or his/her designee, 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 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 owNER's RE'RESENTATT,E .ERVT.ES - M,AMr BEA.H "o*ra*r,oL .ENTER RENovATToN & ExpANSroN150 the services performed by sub-consultants shall be the sole responsibility of Consultant. Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Services. ARTICLE 3. THE CITY'S RESPONSIB!LIT!ES 3.1 The City Manager shall designate a Pro1ect Coordinator, in writing, who shall be the City's authorized representative to coordinate and facilitate (on behalf of the City) all matters related to this Agreement and the Prolect during the design and construction of same (except unless otheruvise expressly provided in this Agreement or the Contract Documents). The Prolect Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and/or matters requiring the City's approval, in its proprietary capacity, as owner, under the Contract Documents. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying or changing, (in any way) the following: a) the Services described in this Agreement;b) the Term of this Agreement; orc) the amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall make available to Consultant all information that the City has in its possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and/or representation as to the accuracy or completeness of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and thatit 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). 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 sub-consultants or vendors). 3.4 lf the City observes or othenuise becomes aware of any fault or defect in the Project, or non-conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt written notice thereof to the Consultant. 3.5 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: 3.5.'1 The City Commission shall be the body to consider, comment upon, or approve any assignment, of this Agreement. 3.5.2 Upon written request from Consultant, the City Commission shall hear appeals from administrative decisions of the City Manager or the Project Coordinator. ln such cases, the Commission's decision shall be final and binding upon all parties. 3.5.3 The City Commission shall approve or consider all Contract Amendments that exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be owNER's RE'RESENTATT'E sERVT.ES - MrAMr BEA.H "o*u=*r,o'* cENTER RENovATToN & EX'ANSToN151 specified by the City of Miami Beach Procurement Ordinance, as amended). 3.6 Except where othenvise expressly noted in this Agreement or in the Contract Documents, 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 othenruise 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. 3.6.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements) and of any sub-consultants (and any replacements). 3.6.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not othenruise expressly provided for in this Agreement. ln his/her discretion, the City Manager may also consult with the City Commission on such matters. 3.6.3 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 discretion. 3.6.4 The City Manager may approve Contract Amendments which do not exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.6.5 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. 3.6.6 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 g hereof). ARTICLE 4. ADDITIONAL SERVICES 4.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; an hourly fee (in accordance with the rates in Schedule "8" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). owNER's RE'RESENTATT'E sERVTcES - M'AMr BEA.H "o*r=*a,ot,3cENrER RENovATToN & EX'ANSToN152 ARTICLE 5. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are an allowance set aside by the City in the aggregate not-to- exceed amount of $102,833.00, to cover certain actual expenditures made by the Consultant in the interest of the Project. Notwithstanding the preceding, any Reimbursable Expenses in excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. lnvoices or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator (along with any supporting receipts and other back-up material requested by the Project Coordinator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." 5.2 Reimbursable Expenses may include the following: 5.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its sub-consultants, and courier, postage and handling costs between the Consultant and its sub-consultants). 5.2.2. Costs for trailer office equipment limited to: trailer/personal copier, office supplies, coffee & water, TV, RefrigeratoriMicrowave, and trailer server setup. 5.2.3. Cost for local mileage (at City's standard mileage rate) incurred when on project business, local mileage for off-site project staff, cost of parking, cost of airfare, rental car, taxis, meal per diems (at City per diem rates) and hotel accommodations, in furtherance of the performance of the Services. Any such costs shall be reimbursed at actual rates (no markups) in accordance with Florida Statute 112.061, as may be amended. Consultant shall obtain advance written authorization from the Project Coordinator or his/her designee for travel expenses. Failure to obtain such prior authorization shall be grounds for City's rejection of payment fo.r any travel expenses. The City and Consultant anticipate that travel-related reimbursements will be limited to pre-approved travel for Consultant's Project Manager, and that absent City-requested travel, Consultant will not otherwise be compensated for travel expenses its personnel may incur in the performance of the Services. ARTICLE 6. COMPENSATION FOR SERVICES The City agrees to pay and the Consultant agrees to accept, for services rendered pursuant to this Agreement, the fees and other compensation in accordance with one or a combination of the methods outlined below: 6.1 Consultant shall be compensated for Basic Services on a "Lump Sum" basis for the Services, based on the monthly fee schedule and hourly rates set forth in Schedule B, or as may be set forth or othenuise described in the Consultant Service Order issued for any portion of the Services, as negotiated between City and Consultant. Such fees shall constitute full compensation to the Consultant for all costs incurred by Consultant in the performance of the Services, including but not limited to overhead expenses, fringe benefits, overtime costs, operating margins and all other costs not covered by Reimbursable Expenses. 6.2 Consultant shall not have any entitlement to provide any Services under this Agreement, except for any portion of the Services authorized by the City, at its sole discretion, in a Consultant Service Order. Consultant shall not commence any Services, and shall not be compensated for any Services, unless authorized in advance by a Consultant Service Order. owNER's RE'RESENTATT'E sERVTcES - M,AMr BEA.H "o*r=*r,i,l .ENTER REN.,ATToN & EX'ANSToN153 6.3. Payments for Services shall be based on the monthly fee detail listed in Schedule B and provided by Consultant for each phase of the Project. Payment shall be made within thirty (30) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. No mark-up shall be allowed on subcontracted work. 6.4 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in Schedule "B," attached hereto. Any request for payment of Additional Services shall be included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-contracted or not), and such fees shall constitute full compensation to the Consultant for all costs incurred by Consultant in the performance of the seryices, including but not limited to overhead, fringe benefits, overtime, operating margins and all other costs not covered by Reimbursable Expenses. 6.5 Approved Reimbursable Expenses shall be paid in accordance with Article 5 hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 6.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 6.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis. lnvoices 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. ln the event sub-consultant work is used, the percentage of completion shall be identified. lnvoices shall also itemize and summarizeany Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 6.7.1 lf 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). 6.7.2 The City shall pay Consultant within thirty (30) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 6.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written approval of the City Manager before disbursement of same. 6.7.4 Consultant shall be solely responsible for payments to Sub-consultant(s) approved under this Agreement. Consultant shall not submit invoices which include charges by Subconsultant(s) unless such services have been performed satisfactorily and the charges are, in the opinion of the Consultant, payable to such Sub-consultant(s). Consultant shall promptly make all payments to Sub-consultant(s) following receipt of payment by the City. 6.8 The maximum compensation for the Basic Services under this Agreement shall be the not-to- exceed amount of $5,585,673. Pursuant to Consultant Service Order No. 3, City authorizes Additional Services for threshold inspections in the not-to-exceed amount of $718,080, for a total compensation under this Agreement in the amount of $6,303,753. 6.9 The City reserves the right in its sole discretion, to negotiate mutually acceptable fees and rates with Consultant that are less than those set forth herein for any portion of the Services. owNER's RE'RESENTATT,E sERVTcES - MrAMr BEA.H "o*r=*r,i*'cENTER RENovATIoN & EX,ANSToN154 6.10 ln the event extended Services are required beyond the schedule contemplated herein for the completion of the Project (June 30,2018), the City shall authorize Consultant to provide such extended Services by issuing a separate Consultant Service Order. The Consultant's monthly fee shall be based on the approved billing rates set forth in Schedule B, and the specific Services and staffing required by the City during such extended period (as determined by the Project Coordinator). 6.11 Notwithstanding any provision herein to the contrary, the City's obligations under this Agreement shall be subject to and contingent upon the City's obtaining the full amount of all financing or other funding that the City may require for the Project and/or for payment of the Consultant's Services. ln the event this contingency is not satisfied and City does not obtain the necessary financing or sufficient funding to proceed with any portion of the Project and/or Consultant's Services, City shall notify Consultant in writing, and this Agreement shallbe null and void and City shall have no further obligations under this Agreement, other than to compensate Consultant for work performed satisfactorily under any previously authorized Consultant Service Order. Except as set forth herein, Consultant hereby waives any other rights or remedies at law or in equity with regard to any matter arising out of this Agreement. ARTICLE 7. CONSULTANT'S ACCOUNTING AND OTHER RECORDS All books, records (whether financial or othenrise), 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 13, during customary business hours upon reasonable prior written notice. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. lncomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants to the requirements of this Article and confirm compliance therewith. ARTICLE 8. OWNERSHIP OF PROJECT DOCUMENTS 8.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, ln 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 1 19, Florida Statutes. l3 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION155 8.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 8.3 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 and payment to the Consultant for such adaptations will be at Consultant's current rate to adapt the original copyrighted material to a new site. 8.4 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 9. TERMINATION OF AGREEMENT 9.1 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. ln 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. 9.2 TERMINATION BY CITY 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, including but not limited to providing any of the staffing outlined in Schedule B. ln 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). 9.2.1 ln 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. 9.2.2 ln 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. 9.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 9.3 TERMINATION BY CITY FOR CONVENIENCE: ln 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. ln 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 owNER's RE'RESENTATT,E .ERVTcES - MrAMr BEA.H "o*u=*r,Jil .ENTER RENovATToN & EX'ANSToN156 (as set forth in the City's written notice), for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above), and for any reasonable demobilization costs and expenses incurred by the Consultant. 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. 9.4 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. ln 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, and for Consultant's costs in assembly and delivery to the Prolect Coordinator of the Project documents and any reasonable demobilization costs and expenses incurred by Consultant; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initialwritten notice). 9.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 9.5 IMPLEMENTATION OF TERMINATION: ln the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project coordinator). ARTICLE 10. INSURANCE 10.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator: 10.1.1. Worker's Compensation and Employers'Liability lnsurance as required by Chapter 44Q of the Florida Statutes. 10.1.2. Commercial General Liability on a comprehensive basis, including Premises and Operations, Personal lnjury/Advertising lnjury, Contractual Liability and Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. The general aggregate limit, if any, must be maintained for the duration of this agreement. The Consultant shall name the City of Miami Beach as an Additional lnsured with respect to this coverage. 10.1.3. Automobile Liability covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. 10.1.4. Professional Liability (Errors and Omissions) lnsurance, including wrongful acts, errors, and/or omissions, including design errors of Architect for damage sustained by reason of or in the course of operations under this contract, in an amount not less than $5,000,000 with the deductible per claim, if any, not to exceed 10o/o of the limit of liability. The Professional Liability policy/coverage shall be amended, if necessary, to include the following: 15 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION157 . Description of operations on the declaration describing the scope of your professional services shall include all aspects of the services performed under this contract, including events arising out of your operations or any qualified sub-consultants and sub-tier consultants.o Coverage for claims alleging improper supervision of sub-consultants and subtier consultantso Deletion of any exclusions pertaining to design/build liabilityo Coverage shall apply for three (3) years after Project is complete 10.2. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days advance notice to the certificate holder. Consultant shall furnish endorsements effecting coverage required by this insurance section. The endorsements are to be signed by a person authorized by that lnsurer to bind coverage on its behalf. The Consultant shall provide complete copies of all required insurance policies, including endorsements effecting coverage, upon the written request of the City. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 17OO CONVENTION CENTER DRIVE RISK MANAGEMENT, 3rd FLOOR MIAMI BEACH, FL 33139 10.3. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligation under this section or under any other section of this agreement. 10.4. The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain this requirement. 10.5. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida. lnsurance is to be placed with insurers with a current A.M. Best Rating of no less than A:Vll, unless othenryise acceptable to the City's Risk Manager. 10.6. The Consultant agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. 10.7. Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance policies. The City reserves the right to review a certified copy of such policies, at Consultant's corporate headquarters upon five (5) days written request to Consultant. ARTICLE 11. INDEMNIFICATION AND HOLD HARMLESS 11.1 Consultant shall indemnify, defend 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, but only 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 and/or in the performance of any Consultant Service Order issued by the City to Consultant pursuant to this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorney's fees with counsel approved by Consultant's insurance carrier which may issue thereon. owNER's RE'RESENTATT'E sERVTcES - MrAMr BEA.H "o*ua*r,i,i.ENTER RENovATToN & EX'ANSToN158 Consultant expressly understands and agrees that any insurance protection required by this Agreement (or otherurrise 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. 11.2 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. ln reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 12. LIMITATION OF LIABILITY 12.1 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 $1O,OOO. 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 $10,000. 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 $10,000. The $10,000 limit is in addition to any amounts due to Consultant for outstanding invoices or services performed. 12.2 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. 12.3 LITIGATION AS A NON-PARTY. lf Consultant is brought into litigation on this project or in connection with this Agreement as a non-party through (for example) a subpoena for records, deposition request, court directive or otherwise and the City is a party for which the Consultant has no duty of indemnification, the City will pay reasonable costs incurred by Consultant, as may be mutually agreed-upon and specified in a Consultant Service Order, in compliance with any subpoena, deposition, court directive or otherwise including, but not limited to, document and records reproduction costs, search and review time, preparation time, appearance time, legal fees incurred, travel and other expenses, at all employees' regular billing rate at the time these costs are incurred and any other third party costs incurred. ARTICLE 13. NOTICE All written notices given to City by Consultant shall be addressed to: City of Miami Beach - City Manager's Office 1700 Convention Center Drive Miami Beach, Florida 33139Attn: Maria Hernandez, Project Director, Convention Center District All written notices given to the Consultant from the City shall be addressed to: Hill lnternational, lnc. 303 Lippincott Centre Marlton, NJ 08053 Attention: William Dengler, Jr., Senior Vice President and General Counsel owNER's RE'RESENTATT,E sERVT.ES - MrAMr BEA.H "o*r=*r,iJ cENTER RENovATToN & ExpANSroN159 All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 1 5. MISCELLANEOUS PROVISIONS 14.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of F|orida, 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. 14.2 EQUAL OPPORTUNIry 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 confirm 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. 14.3 PUBLIC ENTITY CRIMES AGT: ln accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 14.4 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 othenruise recover) the full amount of such fee, commission, percentage, gift, or consideration. 14.5 LAWS AND REGULATIONS: 14.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal, State, Miami-Dade County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the Project. 14.5.2 Proiect Documents. ln accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "lnspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, owNER's RE'RESENTATT,E .ERVT.ES - M,AMr BEA.H "o*u=*r,oti cENTER RENovATToN & EX'ANST.N160 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. lnformation made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 14.5.2.1 ln addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub-consultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 14.5.2.2 The Consultant and its sub-consultants agree in writing that the Project documents are to be kept and maintained in a secure location. 14.4.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. 14.5.2.4 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. 14.6. FORCE MAJEURE. Neither party is responsible for any failure to perform its obligations under this Agreement, if it is prevented or delayed in performing those obligations by an event of Force Majeure. The party prevented from or delayed in performing its obligations as a result of a Force Majeure (the "Affected Party") must immediately notify the other party of the Force Majeure event and the reasons preventing or delaying the performance of its obligations hereunder. The Affected Party must use its reasonable efforts to mitigate any impacts on its performance. The Affected Party must as soon as reasonably practicable recommence the performance of its obligations once the event of Force Majeure has passed. A Force Majeure event shall not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event. Consultant shall have no entitlement to, and City shall have no liability for, any costs, losses, expenses, damages relating to any Force Majeure event, or for the payment of fees during an event of Force Majeure. 14.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement and under any Consultant Service Order issued by the City to Consultant shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercialfacilities. 14.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other consultant to perform any such incidental Services. l9 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION161 14.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject to the prior written approval of the City Manager. Any purported assignment, transfer or conveyance of this Agreement in violation of this provision shall be void. 14.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 14.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVIGES: ln the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said Services. 14,12 INTENT OF AGREEMENT: 14.12.1 The intent of the Agreement is for the Consultant to provide design and construction monitoring/management services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The primary role of the Owner's Representative will be to confirm that the City receives a renovation and expansion consistent with the Construction Documents and the Contract Documents in a timely manner for the agreed upon price. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 14.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. 14.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 14.13 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. lt 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. 20 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION162 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH: City Clerk Mayor CONSULTANT: Attest Signature Signature Print Name/Title Print Name/Title APPROVED ASTII rcRM & I.ANGUAGE IFOR SGCUNON a-L0" ,(- ,o-rz-t5 CityAttorney aq\f Date 2t OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION163 SCHEDULE A SCOPE OF BASIC SERVICES The Project will be overseen by the City's dedicated Project Coordinator, augmented by the Owner's Representative team. The City and Owner's Representative will be assisted by a dedicated on-site architect from the Architect-Engineer's team. The primary role of the Owner's Representative will be to monitor all aspects of the Work to confirm that the Construction Manager delivers a Project that is in accordance with the requirements of the Contract Documents, in a timely manner for the agreed uponprice. The Construction Manager will be responsible for managing the Project and the Owner's Representative and its dedicated on-site staff will monitor the Construction Manager's performance. The Basic Services for the Consultant shall include, but not be limited to, the following Services: PART 1 - ADMINISTRATION OF THE PRE.CONSTRUCTION PHASE Simultaneously with the execution of this Agreement, the City shall issue a Consultant Service Order for the pre-construction phase of the Project, which shall cover the Services required of Consultant through the execution of the Design-Build Contract, which the City anticipates shall take place on or about May- June, 2015. The Services during this phase shall include, but shall not be limited to, the following: 1.1 Proiect Records. The Consultant shall implement and use the City's e-BuilderrM system for data warehousing and document management, and shall maintain all pertinent Project records, including a copy of the Construction Documents and Record Drawings. 1.2 Communications and Coordination. Consultant shall establish lines of communication with the City, the Construction Manager, the Architect-Engineer, Contractors, and relevant agencies in accordance with the Contract Documents. Overall project communications and monitoring shall be provided by the Consultant's Project Manager. 1.3 Proqress Meetinos and Presentations. Consultant shall participate in briefings and progress meetings relative to the Project regularly as the progress of the Project requires, or as othenrvise directed by the City, and shall attend and/or assist in the preparation of materials for meetings of the City Commission, relevant sub-committees, and any other groups as directed by the City, including the Construction Manager; the finance team; the legal team; any other group required to achieve Project completion. 1.4 Communitv Stakeholder lnformation Meetinqs. The Consultant shall be expected to attend, address residents' concerns, participate, produce meeting minutes, and take a lead role in information meetings with the City for the Project with residents, community stakeholders and others impacted by the progress of the Work. 1.5 Construction Manaqer Proposal Review. ln conjunction with the City, the Project Consultant, and the Architect-Engineer, Consultant shall assist with the review and editing of the Construction Manager Request for Proposal, Design Development Documents and the template for the Construction Manager contract for the Project. 1.6 Construction Manaqer Pre-Proposal/Q&A. Consultant shall assist with hosting a pre-proposal conference and answering bidder questions. 1.7 Construction Manaqer Proposal Review. ln conjunction with the City, Project Consultant, and ArchiteclEngineer, Consultant shall assist with the technical review of the Construction Manager submittals, interviews and recommendations to the City. 1.8 Construction Manaqer Contractinq. ln conjunction with the City and SAG, Consultant shall assist with the negotiation of the Construction Manager's agreement. 22 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION164 PART 2 - ADMINISTRATION OF THE DESIGN-BU|LD PHASE (DESlcN DEVELOPMENT AND coNSTRUCTtON) The City intends to assign Services for the Project via separate Consultant Service Orders which correspond to the Notice to Proceed issued for each portion of the Project, including the Pre- Construction Services/Design Development phase which the City anticipates shall take place in 2015 following execution of the Contract Documents, as well as the Construction Phase, which the City anticipates shall commence on or about December, 2015. The Services during this phase shall include, but shall not be limited to, the following: 2.1 On-Site Owner's Representative. The Consultant shall serve as the City's on-site representative of the City at the site, and subject to review by the City or his/her duly authorized representative, shall have the authority to monitor the performance of the Work to confirm conformance with the Contract Documents. The Consultant shall assign on-site dedicated staff to monitor the Construction Manager during construction. 2.2 General Oversiqht. The Consultant shall communicate daily or periodically with the City, the Project Consultant, the Architect-Engineer and Construction Manager, as needed, but in no case less than every two weeks for the Project, to review and agree upon the Work performed to date and to establish the controlling items of Work for the next two weeks. Consultant shall report on concerns as it relates to the construction effort and activities. The Consultant shall monitor and verify that the Construction Manager has made the required notifications to the utility owners, residents and businesses as may be required. Consultant shall monitor the coordination of construction activities with adjacent construction areas and agencies having jurisdiction. 2.3 Weeklv Construction Proqress Meetings. The Consultant shall attend, participate and take a lead role in weekly construction project meetings with the City, Project Consultant, Architect-Engineer and Construction Manager on the Project. These meetings shall serve as forums to review the status of construction progress, discuss construction issues, discuss schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and Construction Document clarifications and interpretations, and to resolve problems before they become critical. 2.4 Presentations/Meetinqs. Consultant shall participate and assist in the preparation of materials for meetings of the City Commission and/or committees thereof, or meetings any other groups, as directed by the City. Consultant shall participate in Project meetings, including meetings with City, the City Commission and/or committees thereof; the Design-Build team and their consultants; the finance team; the legal team; or meetings with any other group involved in the Project. 2.5 Field Observations. The Consultant shall conduct field observations on a daily basis throughout the duration of construction and document, with photographs, a daily report of the conditions and progress of the Work and conformance to the Contract Documents. The Consultant shall be present at the construction site daily during the construction phase of the Project and shall be expected to be available, as needed, throughout the Contractor's work day. 2.6 Dailv Reports. The Consultant shall prepare daily reports, on the same date as construction occurs, to record the daily performance of the Construction Manager as well as other significant construction related matters. Daily reports shall be uploaded by the Consultant to e--BuilderrM, the City's document management system. At the end of each week, the Consultant shall fonvard the original daily reports to the City for review. The Consultant shall maintain and file paper copies of the daily reports onsite for reference. The daily reports shall include records of when the Construction Manager is on the job-site, general field observations, damage to any existing facilities, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily owNER's RE,RESENTATI'E .ERVT.ES - MrAMr BEA.H "o*r=*r,fi .ENTER REN.'ATToN & EX'ANSToN165 reports shall contain the following information: . Weather and general site conditions ' Construction Manager's work force counts by category and hours worked. Description of Work performed including location. Equipment utilized. Names of visitors to the jobsite and reason for the visit. Tests made and results ' Construction difficulties encountered and remedial measures taken. Significant delays encountered and apparent reasons why. Description of (potential) disputes between the Contractor and City' Description of (potential) disputes between the Contractor and residents' Summary of additional directions that may have been given to the Contractor' Detailed record of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Construction Manager ' Summary of any substantive discussions held with the Construction Manager andior City ' Summary of nonconforming work referenced to corresponding Non-Compliance Notice. A log of photographs taken 2.7 Weeklv Reoorts. Consultant shall prepare weekly meeting minutes of Progress Meetings and a weekly report that describes the construction activities, progress, incidents and issues that have occurred on the construction site. Consultant shall distribute the weekly report to all meeting attendees, review the two week look ahead provided by the Construction Manager and provide comments or objections to written statements within the specified timeframes. 2.8 Monthlv Reports. Consultant shall review the progress reports required to be submitted by Construction Manager and shall prepare monthly reports regarding the status of the Project that incorporate design status, schedule, budget, approval status, and any other pertinent data points. 2.9 Photoqraohic Record. Consultant shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on-going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type taken to define the progress of the project and shall be filed electronically by month in e- BuilderrM,the City's document management system, labeled by date, time and location. The Consultant shall upload all photos to the e-BuilderrM document management system on a weekly basis. 2.10 Adherence to the Contract Documents. Consultant shall take the lead in the scheduling of on- going, weekly construction meetings and monitor on-site progress to confirm adherence to the Contract Documents. 2.10.1 The Consultant shall review materials and workmanship performed on the Project and the progress of all Work and report to the City any deviations from the Construction Documents or other Contract Documents that may come to the Consultant's attention. Consultant shall assist the City in determining the acceptability of the Work and materials and, in concert with the Architect-Engineer (as necessary), make recommendations to the City that it take actions pursuant to the Contract Documents to ensure the faithful performance by Construction Manager of this Agreement, which recommendations may include, but shall not be limited to, withholding of certificates or approvals of Applications for Payments, rejecting of non-conforming or defective Work; requiring efficient superintendence and operation by the Construction Manager, and the like. 2.10.2 Consultant shall monitor communications and coordination of the Project Work with work done by, or for, public or private utility companies with respect to the relocation, support, protection or replacement or installation of utilities in accordance with the Construction Documents and/or Contract owNER's RE'RESENTATT,E sERVT.ES - MrAMr BEA.H "o*u=*r'31.ENTER RENovATToN & EX'ANSToN166 Documents, and shall keep the City informed of the progress of utility-related activities and Work. 2.10.3. Consultant shall monitor and review the Construction Manager's performance of the Quality Control Plan for the Project, including observation of inspections and testing activities, as provided in the Contract Documents. Consultant may audit and inspect the Construction Manager's and Subcontractors' Quality Control Programs, and may at any time inspect or audit the Work, at all stages of its manufacture, fabrication, factory testing, construction, installation, on-site testing, completion and acceptance procedures, to verify that all Work is performed in compliance with applicable provisions of the Contract Documents. Any such audits, inspections or tests shall not relieve the Construction Manager of any of its obligations under the Contract Documents. 2.11 LEED lnitiatives. Consultant shall monitor the Construction Manager's implementation of the agreed-upon LEED initiatives and certification process. 2.12 Entitlements/Permits. Consultant shall monitor the Construction Manager's application and approval of entitlements and permits, reporting on schedule impacts and facilitating where appropriate. 2.13 Schedule. Consultant shall analyze and continually monitor the Construction Manager's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as-built, etc.) to confirm the Construction Manager's adherence to the schedule in compliance with the Contract Documents. The Construction Manager will be required to submit a detailed Project Schedule, Construction Schedule, and other schedule submittals to the Consultant at the pre-construction meeting. The schedules will be reviewed and approved by the Consultant and the City. The schedules will be updated on a bi-weekly basis by the Construction Manager; however, the Consultant will be responsible for reviewing the Construction Manager's schedules to confirm accuracy of the work activities completed. Consultant shall provide a written review of the schedules identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns as detailed in the Contract Documents or recommendations to the City with regard thereto, as well as review of the adequacy of the Contractor's personnel and equipment and the availability of necessary materials and supplies. 2.13.1 ln the event of delays impacting the critical path, Consultant shall make recommendations for corrective action by Construction Manager. 2.13.2 Analysis of the Construction Manager's Schedules will be on the basis of planned versus actual costs for the month and construction contract to date. Consultant shall verify that the Construction Manager is uploading the approved schedule and schedule updates to the City's e- BuilderrM document management system. 2.14 Event Schedulino. Consultant shall also act as the primary liaison between the convention center manager and Construction Manager to confirm scheduled events are accommodated and that the entire facility is open for required Art Basel dates. 2.15 Delivery of Unacceoted Materials to Jobsite. As new materials are delivered to the jobsite, the Consultant shall check the material's certifications and samples and verify that an approved shop drawing was submitted for the material in question. lf it is determined that a submittal has not been approved, the Consultant shall immediately notify the City and issue a Non-Compliance Notice. ln conjunction with the Architect-Engineer (as necessary), the Consultant shall direct and supervise the sampling and testing of materials to be performed by the City's independent testing laboratory. The Consultant shall maintain test report logs which shall be submitted to the City for review on a monthly basis and uploaded to e-BuilderrM, the City's document management system on a weekly basis. 2.16 Shop Drawinq Submittals. The Consultant will receive, log and distribute shop drawings to the ArchitectEngineer for their review. ln conjunction with the Architect-Engineer, Consultant shall review approved shop drawings and product approvals for conformance to the Construction Documents and Contract Documents, and for Consultant's familiarity prior to delivery of materials. Consultant shall verify owNER's RE.RESENTATT'E sERVTcES - MrAMr BEA.H "o*r=*r,3i cENTER RENovATToN & EX'ANSToN167 that Construction Manager is maintaining a submittal log, conducting timely submittals, and uploading approved shop drawings to the City's e-BuilderrM document management system. 2.17 lssuance of Non-comoliance Notices. The Consultant shall be responsible for notifying the City when they become aware of a condition that is believed to be in non-compliance with Construction Documents or Contract Documents and/or anytime the Consultant notices a potential construction problem or a condition that could result in non-complying materials, equipment or workmanship. Non- compliance Notices shall include a description of the Work that does not meet the construction contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other items that should be included in the Notice include a reference to the provision of the Contract Documents that has been violated. Consultant should also develop a procedure with the Construction Manager for advising the Construction Manager of potential construction problems, errors, or deficiencies that can be promptly resolved and do not warrant a Non-compliance Notice. 2.18 Requests for lnformation/Construction Document Clarification (RFls/CDCs). ln conjunction with the Architect-Engineer, the Consultant will receive, log and process all RFls and CDCs. When RFls and CDCs involve design issue interpretations, the Consultant shall coordinate with the Architect-Engineer, as needed, to resolve the RFls, CDCs, Field Orders, and other related correspondence. The Consultant shall be also be responsible for verifying that the Architect-Engineer is lroviding a written response to RFls and CDCs in a timely manner and for processing, logging, and distributing all RFls/CDCs and responses thereto. Consultant shall upload all RFI and CDC responses to e-BuilderrM, the City's document management system. 2.19 Chanqe Orders/Claims. The Consultant will manage the change order review process and receive, log and review all requests for project cost and/or schedule changes from the Construction Manager. The Consultant will also fonruard the request to the Architect-Engineer, who shall provide a written opinion as to the merit and value of the request. Consultant shall perform an independent review of the changes and provide a written statement noting recommendation for approval or denial of the Change Order to the City. lf recommended for approval, the Consultant will note if the requested cost and schedule impacts are fair and reasonable. The Consultant will be responsible for maintaining a Change Order log and uploading approved Change Orders to the City's e-BuilderrM document management system. The Consultant shall also participate in change request review meetings with City and Construction Manager to resolve and/or negotiate the equitable resolution of request. The Consultant shall prepare draft response correspondence for the City to use in responding to Construction Manager requests, including the City's replies to formal complaints and disputed items of work. Claims shall first be submitted to the Consultant for initial recommendation for determination by the City at the time and in the manner specified in the Contract Documents. Consultant shall render an initial recommendation for determination of such Claim, in writing, as soon as practicable, but not later than forty-five (45) days of receipt of such Claim, unless the Construciton Manager and City mutually stipulate othenrvise in writing or other circumstances warrant a time modification as determined by the Consultant. 2.20 Pav Requisitions. Consultant shall review and verify Contractor's pay requisition quantities and make appropriate recommendations regarding all pay requisition quantities in the field. Consultant shall be responsible for reviewing with the Contractor the monthly payment requisition to confirm the status of completed and uncompleted Work and stored materials. The Consultant shall advise the City of quantities being approved for subsequent concurrence for payment purposes. Payment Requisitions shall only be submitted to the City for its review and approval. 2.21 Applications for Pavments. Consultant shall prepare, for City's approval, procedures for the review and processing of applications for payment by the Construction Manager, review applications for payment by Construction Manager, and make recommendations to City concerning payment. Consultant shall review the Construction Manager's pencil copy draft applications for payment and conduct a field walk with regard thereto no later than the 25th day of the month. Consultant shall submit all final owNER's RE'RESENTATT,E 'ERVT.ES - MrAMr BEA.H "o*u=*r,3,lcENTER RENovATToN & EX'ANSToN168 comments to Construction Manager five (5) business days after the field walk/pencil copy review. Construction Manager will then submit completed, certified and corrected final edits with all backup to the Owner's Representative on the first day of the following month. Consultant shall return incomplete pay applications to Construction Manager for further action. 2.22 lnventorv. The Consultant shall monitor the inventory of all the spare parts required, received, and their place of storage. 2.23 Equipment Tests and Svstems Start-up. Consultant shall be responsible for coordinating various tests for quality control on the p@ects; verifying that equipment tests and systems start-up are conducted in the presence of appropriate personnel; and that the Construction Manager is maintaining adequate records thereof. Consultant shall observe, record, and report appropriate details relative to the test procedures and start-up. 2.23 Construction Manaqer Request for Services. When the Contractor requires services from the City for issues such as water main shutdowns, tie-ins to existing water mains, special regulatory inspections, etc., a request shall be made in writing by the Construction Manager, and fonvarded by the Consultant to the City, a minimum of three working days prior to when required. 2.24 Subcontractor Trade Biddinq. Consultant shall monitor the Subcontractor bidding processes, reviewing trade bids and supporting documentation and making recommendations to the City with regard thereto. Consultant shall assist the Construction Manager in conducting pre-award conferences with the recommended bidders and shall gather documentation of contract execution from such bidders. 2.25 Direct Purchase Proqram. lf a Direct Purchase Program is established for the Project, Consultant shall coordinate the City's responsibilities with respect to the Direct Purchase Program in accordance with the Contract Documents. As Owner-Purchased Materials are delivered to the Project Site, Consultant, along with the Construction Manager, shall visually inspect shipments from the suppliers, and approve the vendor's invoices for materials delivered. 2.26 Differinq Site Conditions. Consultant shall review the Construction Manager's written notifications of differing site conditions, will assist in and coordinate the investigation of differing site conditions, and make recommendations to the City as to whether the conditions of the Project Site are so materially different to warrant a change in the terms of the Contract Documents. Consultant shall document the reasons for the City's determinations and prepare associated correspondence to Construction Manager. 2.27 Communications. Consultant shall implement a communication system plan for the distribution of meeting minutes, written and oral communications, Requests for lnformation, progress reports, submittals, changes, test reports, Applications for Payment, payments, logs and other information. PART 3: PROJECT CLOSE OUT PHASE 3.1. Proiect Start Up. Togetherwith the Construction Manager and the City, Consultant shall monitor and observe the testing and start-up and turn-over of all utilities, systems and equipment. 3.2. Punch List. Consultant shall coordinate with the Construction Manager to determine the date of substantial completion. At substantial completion by the Construction Manager, monitor the Construction Manager in the inspection of the Prolect and preparation of a detailed "punch list" specifying any items which require completion, installation or repair. 3.3. Warranties. Consultant shall confirm the delivery by Construction Manager to the City the guaranties, warranties, certifications, releases, affidavits, bonds, manuals, insurance certificates and other items required by the Contract Documents. 27 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION169 3.4. Proiect Documentation. Consultant shall coordinate the submittal of all Project documentation including files, records, drawings, submittals, samples, and other information to the City in an organized and usable form. 3.5 Record Drawinqs. Consultant shall monitor that record drawing mark-ups are properly maintained by the Construction Manager. At a minimum, Consultant shall review the record drawing mark-ups once per month, or more often, if deemed necessary by the City. Construction Manager's failure to maintain the record drawings, including as-builts, in up-to-date condition may be deemed grounds for withholding Construction Manager's monthly payment requisitions until such time as the record drawings are brought upto-date. The Consultant shall notify the City if it considers the mark-up documents insufficient. The City shall make final determinations regarding payment withholding. 3.6. Substantial Completion. When the Construction Manager considers that the Work has reached Substantial Completion, the Construction Manager shall notify the Consultant who shall verify that the work has progressed to the substantial completion point in accordance the Contract Documents. lf the Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting a substantial completion "walk-through" inspection of the Work. Consultant shall attend and participate in the substantial completion "walk-through", perform a substantial completion inspection with the Construction Manager, Architect-Engineer and the City, and prepare a master punch list that describes items remaining to be completed. This master punch list shall be attached to the certificate of substantial completion. 3.7. Final Completion and Proiect Closeout. When the Construction Manager considers that the Work has reached Final Completion, the Construction Manager shall notify the Consultant who shall verify that the work has progressed to the Final Completion point in accordance the Contract Documents. lf the Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting a Final Completion "walk-through" inspection of the Work. Consultant shall attend and participate in the Final Completion "walk-through" and perform a Final Completion inspection with the Construction Manager, Architect-Engineer and the City. lf the work is determined to be incomplete, Consultant and other attendees shall each develop a punch list of items requiring completion or correction prior to consideration of final acceptance of each project which shall be forwarded to the Construction Manager by the Consultant for the Project. Consultant shall complete all necessary close-out and construction completion forms and documentation in coordination with the City for the Project. The Consultant shall work with the ArchitectEngineer and the Construction Manager, as necessary to ascertain materials required for the closeout binder, as required by the City, and review the Operation and Maintenance manuals for each project for completeness prior to fonuarding documentation to the City. Once all parties determine the work is complete and the Construction Manager has delivered all close-out documentation to the City, the Consultant shall prepare a Final Certificate for Payment. The Consultant shall be responsible for providing final certifications based on the entire scope of work for the Project. 3.8. 1O-Month lnspection. Consultant shall participate in a warranty inspection ten months following completion of the Project with the Construction Manager, the Architect-Engineer and City. 28 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION170 'R.FESST'NAL 'ERVT.ES ^"-=t="#=-'r'::#==- rHE crry oF MrAMr BEACH AND HILL INTERNATIONAL, INC. CONSULTANT SERVICE ORDER Project Name and No: Service Order No. for Consulting Services. TO: Miami, Florida 331_ DATE: Pursuant to the Agreement between the City of Miami Beach and Consultant for OWNER's REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT (RFP NO. 2014-278-ME) you are directed to provide the following Services: SCOPE OF SERVICES: Part of Schedule A to the Agreement, including as follows: Time for Completion: From Date of this Service Order through _, 201_. Fee for this Service Order: (Specify if fee is Lump Sum or other method of compensation, as well as any additional details, i.e. attach Consultant's monthly pay schedule listing employees) Project Coordinator Date 29 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION171 SCHEDULE B CONSULTANT COM PENSATION Insert Consultant hourly rates and fee schedule] 30 OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION172 Owner's Representotive Services Summory of CMAR Services (Jonuory 2015 Cosi Motrix - June 2018) Dehnii Pitii Lir?et Loada William Rod.iau€z DrewG..ia Cetarin. Padilha Raquel Shohet Charles {O) Oombrowski Mike Correa Ted totis 2015 r2a 1,311 r,lre' 0l .,.0 , t, 'itr,],1 I iO, . t:t :,1 'i. .':: .' 752 I ,, .l l':;l ' !10 ,, 71? r,.l o o t2o ,. : ir'rrll O.r"""i'rlrll 2016 , 9e6, I rrf:,a6i: libes' i;854 r,der 1,854 1,864 350 240 1,864 r,864 16,472 s247,9L2 s210,532 SLt7,43z ss7,600 S38,4oo q2!61552 9266,ss2 2017 '960 1,854 1;364 1,864 1,864 1,864 1,864 240 240 1,864 1,864 16.352 s38,40o 9z'12,t44 2018 60 9a2 982 0 o 501 98? 120. Estimted Phore Houts Hourly Rate ,.t ,,20lgr g1?0:, 12016 517320L7 5176,". 2018 5119 , 1015', 31602016 316r2Ot7 s156zol'a s169 2015 51302o1o St3,2oL7 51362018 s139 zbrs , s13o2o1G Sr332Ot7 513620ta s139 2015 91302016 S1332ot7 51362ota 5139 2015 $110" r"rr:r"'."2016 51132077 51152018 S1t9 2o1s 5602016 $s:20L7 56.6?01q s69 ?o1s S1602016 s16o?OL"t s1602018 5160 2015 S15o20t6 51602011 51602018 s160 2015 s1402016 51432017 51462018 5149 20ts s1402016 51432OL1 s1462018 s149 3,394 982 r i,. 4,129 9/o1,5lo S9s&974 S712194 S19,2oo 9124,t20 ss5,760 s166,OSO. . l:,.i.':'i',.1:;rl rii,liilt${fE,qi0,i,,ll ,li.i . ..i,r.:,litiri,rir.l.riii::l;ill rii ;i rr i ri;,, ril .. rSt0,?40 s209,760 Sso:,s:z sro9r24 ".'':;lr:iiiirliii.lllr.r:..r: r:. S165,958 514s,0S0 S247,912 S253,s04 $135'498 So .. ri, .,.. r'.92i7,91p 5253,504 so 51s,120 s33,s20 s28,320 So So 487,560 s 30,933 s s19.493 S 5o . . tsor,q16 s2s3,s04 so 9s01,416 t2r6,224 'r.'. 1';' s59,s6o s486,416 Sr23,024 567,15A S323,3il s38,400 Phase Ldbot Estimote S Phose Expense Estimte 5 PhoseFeeEstimote I 527 2,L44 S14G,318 $o8s,ot4 2,170,816 s 2,199,232 S 625,232 S 5,482,840 32,200 s 32,200 s 7,sOO5 102,833 2,203,015 s 2,23t,432 5 632,732 5 5,58s,673 lPteoserefertothePhote2OlS,20l6,2OlTond2OlSEstimdtedFeeDetailonpoget2,3,4and5,respectivety 11SEP15 CITY OF MIAMI BEACH 0wner's Represeniative Servtces1ll11 Page | 1 173 Owner's Representotive Services Cosi Motrix Jonuory-December 2015 Eladio'Ca*todad 31 aa t6 27 !r rr \)/ :: t! 22 10 20 10 46 a0 20 10 t20 8o lul Aq 1q, i:'1d1. 1?6 , 168 776 168 scp 4o iL6s 168 40 60 176 LS2 176 152 Dcc 50 176 t76 Lizet Loada William Rodriper DrcwGcrig C.tarina Padilh.aa 76 20 20 20 20 R.qu.l Shohct 20 20 20 80 20 20 20 20Charl.s (OlDombrowski Proi.d ConrolsMmr Mike Correa Ted Lots Phose Hours 1r l- 4/ 5! ttl 2so &2 3a6 476 S2O 4aO r.l . ,r . ! 560 3,3S Proi.d Accutiv. lpr irlrv jr,i1: aa.4a,)S1,7oo Jul 51,700 Nov Dec $x0,2q0 .9t0,2p0 ; l,6ira 9;,)aa ;r2,aN) s19,2oo a,) ),) ,)),ja,; $10,4oo ts5J60 s24,37O S28,t5o 9209'?60 S19,7Go 322,880 :l ;a tl ! i :'t 5q.'.90. So So So s3.200 s145p8O 5o So s12,800 $3,200 53,1b0 53,200 S3,20O S3,2oo S3,2oo S3,2oo Proi..r c.ntrols M.n-.r Ldbor Estimote Expense Estihdte Fee Estimte So s 37,700 s s9,140 s 56,820 s 71,520 S 69,520 5 65,240 S 76,120 S 487,560 S 2,309S 2,309S 2,309S 8,9s9S 3,4s9S 3,45eS 3,4s9 S 30,e33 's40,009 s51,44s $s9,129 SEo,479 5t2,s7s $ 6a,599 S79,s79 S S18,4e3 1 1SEP15 lil11 Page | 2CITY OF MIAMI BEACH Owner's Representative Services 174 Owner's Representotive Services Cost Mqtrix Jonuory-December 2016 gadioCr6trodad lteve Dibartdlo Dennii Parces lizet LoEde Proi.ct MinaGr/ oA-MPF William nodriguez Pnilrl.fuiE OrewGerlg Admin/Do.um.nt control CatarinaPadlihi:1' "'r kh.dul.5upood ftiquel shohet [nimdin.Suopon Ch.rles (Cl)Dombroffiki Proi..t ConirolrMa-.r 80 80 L54 L70 L54 170 1s4 .,1?P 1sa . I iTdl 154 170 154 t70 80 20 20 20 154 170 a0 80 154 X6? 15i ',', .162 7s4 162 154 162 154 162 154 162 20 ?q ,. 20 2b 154 162 Au8 &p &t bo., , 80 80 170 154 154 t70 154 1S4 170 ts4 154 710 Ls4 154 ,.70 .1-54. , 154 Lio 154 r 1s4 20 2d 20 20 20 20 170 1s4 154 bv D.c Y€r 80 80 gtr 146 154 La64 a46 r54 1,854 149 . ., i154 1,t64 1,49 r'. , ' isq \a64 1,46 154 \A64 146 754 LA64 20 20 ,60 20 2.O 240 146 1sa :', . .1,064 ao L46 146 L46 746 146 a46 80 20 t46 apr 80 154 x54 L54 154 154 754 20 20 154 Jul t0 146 L46 145 145 146 L46 to 20 t46 146 l,zaa Ted lotts 146 Phose Hours 1,348 154 1,70 as4 154 t52 L,4t2 1,480 1,352 1,3s2 1,415 t7o 154 154 145 154 1,864 1,480 1,352 1,352 1,28a 1,3s2 16,472 lan FGb M- Apr Mry Jun Jul Aua *p &t hv Dlc ycr 513,8,10 S13,s4o $13,840 S13,s40 S13,84o S13,84o S13,84o 513,840 S13,S4O Sa3,a4o S13,S4O S13,s40' ,, -i,.rii.'.tt ,,1,,ii,,_i!,lti:ll.r,ii,t.rrli|,,.' ,. ,lii,lliiii'dd,iJ[bl sx,zsg ,se,,'s.L111':,,$zi,tto t2s,ao2 s2s.1oz s26,4o6 s23,7e8 szl,lto szs,to2 szs,roz .gii;liii.l ,ti5,1s2 I:' , .tr.t,t.. tl, . 9303,ar2 S19,41s S2o,4a2 S22,610 520,482 52o,4a2 521,546 |tg,4:la 522,610 Szo,4az 52o,4az SLs,4t8 S2o,4g2 $247 'slz S1e,418 52o,4a2 522,61-0 520,482 . izo/ez i $ir,sae S19,418 g22,6to S2o,4s2 92oAs2 S1e,41q g20,46l :. . 9217,9t2 s19,418 520,482 922,610 52O,4A2 S2O,4A2 52L,s46 519,418 922,610 520,482 920,482 919,418 520,4A2 : t24r,9Lz 516,498 5L7,4o2 5ls,21o 5L7,4o2 517,4o2 518,106 516,498 S1e,21o 5t7,4oz gt7,4o2 515,498 SL7,4o2 Admin/D*umcntconrrot 5210'632 59,198 Sg,7o2 Sro,zto is,zoz 9g,7o2 310,206 S9,198 S1o,71o Sg,joz Ss,loz g9,198 gg,1o2 sLrT '4t2kh.dul. SuEmn S12,8oo S12,8oo S3,2oo 53,200 S3,2oo S3,2oo 53,200 53,200 S3,2oo S3,2oo S3,2oo S3,2oo s3,2o0 s3,200 93,200 53,200 53,200 S3,2oo S3,2oo S3,2oo 53,200 s3,2OO s3,2oo S3,2OO s20,878 t22,O22 524,310 522,022 522,022 523,166 S2O,87S S24,31O g22,O22 522,022 $20,87S 522,022 520,878 522,022 524,310 522,022 522,022 523,166 520,878 S24,310 $22,022 522,022 S2O,a7a 92z,ol2 $266,ss2 LobotEstimote s vs,344 s187,536 s194,320 s177,936 s177,936 s186,128 s169,744 s194,320 s177,936 5tjj,936 s169,744 s177,936 s2,170,816 ExpenseEstimdte s 2,683 s 2,583 s 2,683 s 2,683 s 2,683 s 2,683 S 2,683 S 2,683 S 2,683 5 2,683 S 2,683 S 2,683 S 32,200 FeeEsiimte 5 la2,o21 S190,219 S197,003 9180,519 S180,619 S18s,811 t172,427 9197,003 S180,619 gLao,6ts gL72,427 S18o,El9 S2,203,016 1 15EP15 nt[1 Page i 3CITY OF MIAIV1I BEACH Owner's Represen tative Services 175 Owner's Representotive Services Cost Motrix Jonuory-December 2017 Raquel Shohet 20 Ch.rles (O) Dombroski 20 Proi.ct ControlsManr.r Mike Correa 1S4 Nov D.c Y.- 80 80 950 146 L46 1,a64 t4G 146 1,86a 146 146 . lr.qd 146 146 r,l]6{. 146 146 ..,r,86{' 146 .151d . '1/!5- 20 ..zo',: ..:r4o 20 2'o 1.. . r24q' L46 146 1,864 Elidi.o StevE Denhlr Patces Iiet.Loada wllliah Rodriguez DrewGerig Catarina Pedilha 80 80 746 170 146 L70 146 170 446 170 146 a7A Ls4 i7q 20 20 20 z.b 146 . +Ji Apr May ,un 80 ao a0 746 162 L62 146 162 t6i L46 L62 a62 :06 762 . 167 146 i162 t'62 154' 154 762 20 20 20 l.lti; ' 20 20 146 L62 L62 Jul Aug ao ,li sdr 146 alq x46 17O 146 Llo L45 170 746 770 146 170 20 20 20 20 146 t70 770 1,480 154 154 LS4 L46 $p 80. 154 ts4 154 154 154 154 20 20 154 &t 80 162 L62 162 462 162 154 20 20 L62 fed Lotts L54 146 ". tlO Phose Hours L,344 1,2s6 1,4ao L46 L62 162 146 1,296 1,&A 1,416 1.28E 154 162 t46 t46 !,854 1,352 1,408 a,28a L,296 16,352 5r4,080 s14,080 s14,080 S14,080 ri.r.rrli:1.:. l.il r.:,...:rl "r'i .i. . ,:: I .r.: t?5,564 524,236 528,220 S26,235 S26,as2 $26,as2 Sia,zi'e Sld)ilio.,.,rdzs;sba 51s,856 $23,r,2O S19,8s6 S19,8s5 t23,72o S19,8s6 s1s,8s6 s23,120 $13,856 S16,936 519,720 .$16,936 522,032 519,856 523,120 522,032 S19,856 523,120 $14,080 s24,216 52o,s44 522,032 519,856 919,8s6 52o,s44 522,oa2 S19,ss6 Srs,ese Sro8,9Go s309,424 $2S3,sO4 925:r,504 s123,O24 $20,944 s20,944 Proi..t Manr.r/ OA-MEPf 52o,944 eeis$Ei@ s17,864 Admin/Docum.nt cont.ol s22,032 $22.032 S19,8s5 sn,7s2 S7S,7s2 516,936 $23,120 S2o,s44 r22,o!2 s19,720 9L7,864 SLA.792 s19,as6 s19,856 $253,.904 516,936 S16,Et6 ,. . i21Q,224 s9,536 510,164 5Lt,22O S3,2oo $3,200 S3,2oo s3,2OO s3,2oo S3,2OO $22,484 521,316 524,820 s3,200 53,200 s3,200 s21,316 s23,6s2 523,652 S1o,r64 522.4a4 s23.6sz s21,316 52L,316 s10,164 510,164 310,692 59,635 51L,22O 510,164 510,164 53,200 53,200 S3,2o0 53,200 53,200 S3,2oo S3,200 S3,2oo S3,2oo s3,20O s3,2O0 $3,200 53,200 S3,2OO S3,2OO $38,4oo Sz7t,t4q 522,4A4 S21,316 Lobot Estimote S 181,344 S 174,016 Expense Estimdte 5 2,6s3 $ 2,633 Fee Estimote S 184,027 S 175,Ees 524,a2O S21,316 523,6s2 s 198,540 s 174,015 S 189,728 S 2,683 S 2,683 S 2,683 s 201,323 s 175.599 S 192.411 s23,652 92L,316 524,820 S 190,2s5 S 173,488 S 198,640 5 2,583 S 2,683 S 2,G83 s 192,939 s 176,171 3 201,323 522,4a4 523,5s2 521,316 S21,316 9272,144 $ 181,872 S 189,728 S 173,488 S 174,016 S 2,199,232 5 2,683 S 2,583 S 2,683 S 2,683 S 32,2OO $ 184,s5s $ 192,411 S 175,171 g 176,699 S 2,23L,4"2 1 15EP15 CITY OF MIAMI BEACH Owner's Represeniative ServicesHllr Page | 4 176 Owner's Representotive Services Cost Motrix Jonuory-December 2018 Eladio Castrodad knior Proicct Mahaer Steve Dibartolo 10 169 169 10 153 153 10 10 169 161 1169r rl 161 10 1b9 169 lol 161 161 60 982 982 0 0 501 9A2 129. 120 o 942 4,729 Llfrt toEda William iodri8ueZ . . , . . , l Drdw"FFfid;a5 169 20 20 77 153 20 20 85 85 169 161 20. .29 io . . 2d.. 169 . t6! 811 779 a5 169 2o 2o 169 all 85 rdr. . 'l 2o 20 151 779 Catrrin. Padilha Raquel Sohel Charles (O)Dombrowski Mike Corr€a Ted Lorts 169 7 1s3 PhoseHours ar1 739 s1,7eo 'r$;,ieil.,r. . $1;?s0 s28,s61 s2s,857 s28,S61 s23,4gL s2X,267 523,ir91 5L,7so s27,20e 522,97e $o So Jun 51,790 527,2os 522;37s So s0 510,115 ;i . "' ; 1 r'; lltl' 9ro,,4o 528,s51 s15s,9s8 3i36,ir98 9o $o $s9,s60 S57,7sB $19,200 S19,2oo 9o 9146,3r8 S 62s,232 S 7,soo 5 632,732 Prcicct Manil.r/ OA-MEPF Proi.ct Enrinccr S9,104 S10,056 S1o,1xs S1o,x15 s1r,661 s10,557 srr,56r s11,109 s11,661 s11,109 *hedule Suoport s3,200 s3,2OO s3,2OO 53,200 53,200 s3,200 so 53,200 S3,2oo S3,2oo S3.2oo s2s,181 s22,797 s25,X81 Labot Estimote S 107,140 S st,1t2 57o7,14o Expense Estimote S 2,017 S 2,017 S a67 Fee Estimote S 1o9,1s6 S 99,78a S 108,006 s23,989 525,181 523,989 S 102,991 S 107,199 S 102,991 S 867 S 857 S 867 S ro3,EsE I 1oE,o66 S 103,858 nI11 Page | 5CITY OF MIAMI BSACH Owner's Representatiire Services 177 Owner's Representotive Services Cost Motrix Design-Build lo CMAR 324 ...Accourits for second haf of 2o'15 1.31'1 ..-Accour{sforsecondhaf of 2015 1, 1 16 ...PM needed to assist w ith oark pricing and ...Required to assist w ith Arcfvcontractor 252 comnicatrms and eBuihs ff suppqt ... Required to review and validate Oarks baseline 21O schedulefdGlvP . .. Required to revbw and spot check LE Cost and 177 Oarks mestrEt6 rld GlvPestimtes $ 98,820 $ 487,560 1,980 ...Sx rcnths allGated to pr+con phase 4,710 ...Six rpnths all@ated to pr+con phase 4,710 ...Sx ns{hs all@ated to pr+con phase 3.724 3,724 ...Additimltire to support 3 rc. fi hours during 4,2) 2018 prcject closart ad purchlist .. .lrcre6ed d6ul1Ht Mtrol requiaed to addrss 4,7'lO Archilstrcontrettr d@ulmtatim and comnic ... Required to rryiew Oarl(s baseline schedule 7n updates afttrGl/P ...A*titi@lhars to spot chek @Pcost 600 6tidEtes ...Assist and support @gASl tuviews, lAy App 3,724 reviil, Oontract Adtrh.and Oost Conbd E fons . . . To address ovssight @sage g+s resulting 4,710 f rm cotracttrs p.opos€d d@ble shift appr@h & EXPENSES $ 3.733,89s $ 4,995.280 $ 40,833 $ 42,000 7 $ 1 39, 880 $ 29, 900 . . . Based on oark holding trailer contract $ 3.914,608 $ 5,067.180 CITY OF MIAMI BEACH Owner's Representative Serviceslil11 Page | 6 178 Project Delivery Method Design Build to CMAR $ 3,832,715 $ ss,833 $ '139,880 $ 4.028,428 $ 5,482,840 $ 62,833 $ 40.000 IOTAL FEES AND E)(PENSES Request fi1: Thres hol d I ns pector Servi ces (24 Months ) ...Threshold lnspection Sesruices Oonsultanl to contret (Additional Seruices) $ 6,303,753 CITY OF MIAMI BEACH Owner's Representative ServicesnIll Page | 7 179 SCHEDULE C INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS. See Attached 3l OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION180 SCHEDULE A-1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND HILL INTERNATIONAL, INC. CONSULTANT SERVICE ORDER Project Name: Miami Beach Convention Center Renovation & Expansion Service Order No. 3 for Consulting Services. 0 TO: Hill lnternational, lnc. 601 Brickell Key Drive, Suite 600 Miami, Florida 33131 DATE: October 21. 2015 Pursuant to the Agreement between the City of Miami Beach and Consultant for OWNER's REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT (RFP NO. 2014-278-ME) you are directed to provide the following Services: SCOPE OF SERVICES: Additional Services for Threshold lnspections, as described in the attached proposal, dated Seotember 28. 2015. Notwithstanding any other provision in the Agreement to the contrary, DDA shall at all times during the performance of its work carry professional liability coverage in the amount of $2,500,000 per occurrence and $2,500,000 million in the aggregate. Not-to-Exceed Fee: $ $Z18.OBO Reimbursable Expenses: $ included above Total fee for this Service Order: $ $718.080 Thais Vieira, Sr. Project Manager Date Maria Hernandez, Prolect Director Date Jimmy L. Morales, City Manager Date OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION181 HI11 Mr. Jimmy Morales, City Manager September 28,201,5 Page 1 September 28,2015 Mr. Jimmy Morales, City Manager City Manager's Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33039 PE: Miami Beach Convention Center Renovation Resolution No. Additional Services Proposal No. 1: Threshold Inspection Services Dear Mr. Morales Hill lnternational, lnc. is pleased to present our proposal to provide Threshold lnspection Services thru DDA Engineers P.A., as defined in Sections 1L0.8 of the Florida Building Code and Section 553.79(5) of the Florida Statutes. This proposal is based on a 24 month shell construction schedule assumption beginning in January of 20L5 and ending in December of 2077. Projecl Description The Miami Beach Convention Center is located in Miami Beach, FL. The Project is to renovate and expand the existing Convention Center which was originally built in 1957. The completed renovation will consist of 1.4 million sq. ft., including 505,000 SQFT of exhibition space, 10 additional meeting rooms, a grand ballroom and junior ball rooms, 874 space parking structure, upgraded telecommunications and media, and a six acre park. The project budget is S500 million. Funding for the project comes from the City of Miami Beach. The Professional Design Firm for this project is Fentress Architects, Denver, CO. The Structural Engineer is Wallace Associates, Denver, CO. The Civil Engineer is Kimley-Horn, Miami, FL. The Owner's Representative is Hill lnternational, lnc., Miami, FL and the Construction Manager at Risk is Clark Construction, Tampa, FL. Scope of Services o Threshold lnspector Services o Threshold lnspection will be performed in accordance with the requirements of Section 110.8 of the Florida Building Code and Section 553.79(5) of the Florida Statutes.o Specials lnspections not included in fee, that required another inspection entity; o Shoring and Re-shoring Delegated Engineer o Material Testing o Testing agency for welded and bolted steel connections for steel framing, metal decking and light gage steel framing. o lndependent Engineer for installation of Exterior Curtain Wall, Storefront, Windows, Railing & Guardrails. o Geotechnical Special lnspector for Soil Compaction 182 nI11 Mr. Jimmy Morales, City Manager September 28,20L5 Page 2 Deliverobles/Schedule . One full-time inspector for 2 months. (January-February, 2016) . Two full-time inspectors for 20 months. (March, 2015-Octobe r,2OL7l . One full-time inspector for 2 months, (November-December, 2017) Fees Fees for Addiiionol Services - Additional services requested by the Client, which are outside the scope of this proposal, may be provided by the Consultant on a negotiated basis. No additional services shall be preformed until both parties agree in writing to the additional scope and method of compensation. Additional services performed on an hourly basis shall be invoiced monthly at the following rates. These rates shall remain in effect through June 2018. Project Executive Senior Project Manager Project Manager Project Accountant PM-QA MEPF Project Engineer Scheduler Estimator Project Controls Manager QA/QC Engineer (Structures and Finishes) Clerical/Document Control StlO-nglnour (per Appendix B of controct) S160-169/ho ur (per Appendix B ofcotntract) S 130-139/ho ur (per Appendix B of contract) s13O-139/ho ur (per Appendix B of contract) S13O-139/ho ur (per Appendix B of controct) S110-119/ho ur (per Appendix B of contract) StOO/hour (per Appendix B of controct) S150/hour (per Appendix B of contract) 5L4O-L49lhour (per Appendix B of controct) 5L4O-L49lhour (per Appendix B of controct) SOO-69/hour (per Appendix B of controct) Discipline Firm Number Hours Project Management Hill lnternational Shrs/mo/2yrs 192 s16s s31,680 Threshold I nspector Sub DDA Engineers, P.A.24mo 7627 se0 s586,400 TOTAT Lump Sum FEE s718.080 183 HI11 Mr. Jimmy Morales. City Manager September 28,2075 Page 3 Reimbursoble Expenses Reimbursable expenses incurred during the course of the referenced project are included in the proposed fee. Ierms ond Conditions Per Agreement between the City of Miami Beach and Hill lnternational, lnc. for Owners Representative ServicesfortheMiamiBeachConventionCenterandExpansionProject,ResolutionNo-,as agreed and executed on _day of _, 2015. lndemnificolion Per Agreement between the City of Miami Beach and Hill lnternational, lnc. for Owners Representative ServicesfortheMiamiBeachConventionCenterandExpansionProject,ResolutionNo-,as agreed and executed on _day of _, 2015. Limitotion of tiobility Per Agreement between the City of Miami Beach and Hill lnternational, lnc. for Owners Representative ServicesfortheMiamiBeachConventionCenterandExpansionProject,ResolutionNo-,as agreed and executed on _day of _, 2015. lf the forgoing correctly states your understanding, please prepare a contract amendment for our execution. We are very happy to be of service to the City and continue our successful relationshipl Sincerely, HILL INTERNAT!ONAL, INC. ELADIO CASTRODAD, P.E., PMP Vice President Encl: Bid Tabulation Report DDA Engineers P.A. Proposal Desimone Proposal Atkins Proposal cc: Maria Hernandez, Thais Vieira, Rafael Paz: City of Miami Beach Jeff Sacks, Strategic Advisory Group Steve DiBartolo, Dennis Parces: Hill lnternational 184 Bid Tqbulotion Report Threshold Inspection Services for MBCC Bidder No. l-Atkins 2001 NW L07 CT Doral,FL 33t72 305-592-7275 Humberto. alonso@atki ns global.com Former code compliance officer would head the project. Bidder No. 2-DeSimone 800 Brickell Avenue, 6tn Floor Miami, FL 33131 305-441-0755 Vincent Desimone Vincent. desimone@de-s imone. com Bidder No. 3-CAP Engineering Consultants 343 Almeria Ave Coral Gables,FL 33134 305-M8-L7lL Carlos del Pino cdelpino@capfla.com 4930 Southwest 74th Court Miami, FL 33155 305-565-0711 ida M. Albaisa, P.E. .com llIll Page | 2CITY OF MIAMI BEACH Owner's Representative Services 185 Bid Tobulotion Reporl Threshold Inspection Services for MBCC g z -= =: E=*ooe-- Q =; ogrE I; E E e &5IdEHH€ I lEl ,lg I l:l eIH I cl €l Elt I sl 3l #lEEE EEi6 Eln}+og>E@9EaE €E€ =iE = 'd L 6 a st aE E s E6 g E- = I o6 I Eco E FE iE ii ni ai bi6EEOogP:ig u e'eo6!x oLxo6 6=E =o U!2 GU zots rL =oo-Ud- oo'd o- E.9 E6o UJ E 6 c.9 6 oEoE, ocoo E.9 co co(-) Eo6oco E6 =q d= _q E€=9zcEEEE cC 6 I >d&=E9i<5 o =o I =od =-i = s E4 E === E- Ei>Xr.iE = = = = = = = = = * .E === t Eet#o o o in 8ts ood ort o on o @oz ooo9- @ E bP:C; 9k;!9:o I o t I EH Fg ? eE'oA -= Ea-.qXBEI;F66 o o I o - T o o ooo 6A€a =o cz oz oz CITY OF MIAMI BEACH Owner's Representative Services Page | 3Hllr 186 September 24,2015 Hill lnternational, lnc. 601 Brickell Key Drive, Suite 600 Miami, Florida 33133 Attention: Steven DiBartolo Senior Project Manager Reference: Miami Beach Convention Center Threshold lnspection Services DDA File Number 1501 Dear Mr. DiBartolo: DDA ENGINEERS, P.A. 4930 Southwest 74th Court Miami FL33155 v.305.656.07t'l f.305.666559 nnirttrtddaeng.com DDA Engineers, P.A. (DDA) is pleased to submit this letter of interest in the selection of a Threshold lnspection Services firm for the Miami Beach Convention Center project. DDA is a Consulting Structural Engineering firm founded in 1969. Our projects are managed with hands-on design principals, associates and project managers. DDA is a local firm based in Miami-Dade County. The core staff of the firm, comprised of its partners and associates, has practiced together for over 30 years. The experience of working together for so many years constitutes a unique aspect of DDA. lt further denotes the degree of stability, which the firm has enjoyed due to the loyalty it has earned from its clients who continue to reward the firm with repeated commissions. The firm was organized with the definite objective of providing quality structural engineering design and inspections services to our clients. We firmly believe that these services should be rendered in a comprehensive, creative, professional and understanding manner. During our 4S-plus year history we have gained extensive experience in providing threshold inspection services for a variety of building types, including retail, transportation, high-rise residential, mixed-use, hotels, commercial, parking garages, schools, universities, museums and government work. We have attached representative projects to this letter because we feel these are most illustrative of the experience required for a project such as the Miami Beach Convention Center. We have experience performing Threshold lnspection services for projects that have Structural Engineering firms that are based out of state, one example being the Brickell City Centre project designed by Magnusson Klemencic Associates (MKA). Additional projects that we have performed Threshold lnspection services on are the American Airlines Arena, 500 Block Collins, Lincoln Center (Beach Cinema), The Carillon 187 September 24,2015 Hill lnternational, lnc. Page 2 of 2 DDA ENGINEERS, P,A, Complex, Miami Beach Senior High School, MIA North Terminal Development CD lnfill, Regalia Condominium and Marina Blue Condominium. We are also currently performing Threshold lnspection services at the Miami Science Museum, designed by Grimshaw. Each one came with its own unique challenges and has been iconic additions to the Miami skyline. ln the mid 1980's our firm was the Design Engineer and Threshold lnspectors for the Miami Beach Convention Center Expansion project, which consisted of the expansion of the existing Halls, a new east entrance was added, new interior connector-bridge, new additions to the north and south side of the existing building. We encourage you to review the information enclosed and we would appreciate the opportunity to meet with you to further discuss our qualifications. We are most excited to have an opportunity to participate in the Miami Beach Convention Center project. Respectfully, DDA Engineers, P.A. dunfu*- Aida M. Albaisa, P.E. Partner 188 September 24,2015 Hill lnternational, lnc. 601 Brickell Key Drive, Suite 600 Miami, FL 33131 Attention: Steven DiBartolo Senior Project Manager Reference: Miami Beach Convention Center Renovations and Expansion Threshold lnspection Services Proposal Our File No. 1501 Dear Mr. DiBartolo: DDA Engineers, P.A. is pleased to submit this fee proposal with the purpose Threshold lnspections for the Miami Beach Convention Center project. This proposal 24 month shell construction schedule beginning in January of 2016 and ending in 2017. DDA ENGINEERS, P.A. 4930 Southrryest 74th Court Miami, FL33155 v. 305.666.0711 f.305.6665259 www.ddaerqg,com of performing is based on a December of Threshold lnspection Services $ 90.00/hour, billed monthly For budget purposes, we estimate that each inspector will require a monthly allocation, based on a 40 hour standard work week, of 173.33 hrs/month x $90.00/hr = $ 15,600.00 per month. 1 inspectorfor 2 months 2 inspectors for 20 months 1 inspector for 2 months Total Estimated Fees: =2x$ 15,600.00/month = =20x$15,600/monthx2 = =2x$15,600.00/month = $ 31,200.00 $ 624,000.00$ 31.200.00 $ 686,400.00 Hours above are estimated based on the proposed schedule and will be monitored monthly. We will be billing monthly for only hours worked at a rate of $90.OO/hour. Hours not used will not be billed. lf monitoring indicates that hours will be exceeded, owner will be notified immediately. Any additional hours will be billed monthly until the completion of the project. Special lnspections requiring another inspection entity (not included in the Threshold Fee):. Shoring and Re-shoring Delegated Engineero MaterialTesting. Testing agency for welded and bolted steel connections for steel framing, metal decking and light gage steel framing.. lndependent Engineer for installation of Exterior Curtain Wall/ Storefront Mindows/ Railings / Guard Railso Geotechnical Special lnspector for soil compaction. DDA Engineers thanks you for the opportunity of presenting our fee proposal and is most enthusiastic to provide Threshold lnspection services for this project. Respectfully, DDA Engineers, P.A. Au4&i;u Aida M. Albaisa, P.E. Partner 189 Aida M. Albaisa, P.E. - Partner Mrs. Albaisa has been a practicing structural engineer for the last twenty-six years. Having a degree in Architectural Engineering reinforces her sensitivity to architectural considerations in structural concepts. Mrs. Albaisa's design experience involves projects whose structural system includes precast prestressed concrete, caslin-place concrete and steel framing. Mrs. Albaisa is fluent in English and Spanish. RELEVANT PROJECT EXPERIENCE INCLUDES THE FOLLOWING: Miami Beach Senior High School. Miami Beach, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. Downtown Doral Office Building, Doral, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Adminiskation & Threshold lnspections. Downtown North & South Paseo Parking Garages, Doral, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. University of Miami Life Science & Technology Park, Miami, Florida - Engineer of Record Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Miami Science Museum, Miami, Florida - Engineer of Record Scope: Complete Shuctural Design, Construction Documents, Construction Administration & Threshold lnspections Miami Dade College Kendall Campus Prototype Building, Miami, Florida - Engineer of Record Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Miami Dade College Wolfson Campus Student Support Center, Miami, Florida - Engineer of Record Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Little Haiti CulturalArts Center, Miami, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. Our Lady of Lourdes Academy, Miami, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. Brickell City Centre, Miami Beach, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. DDA ENGINEERS, P.A. YEARS OF EXPERIENCE 26 Years EDUCATION Bachelor of Science, Civil Engineering, University of Miami - 1987 Bachelor of Science, Architectural Engineering, University of Miami- 1987 REGISTRATIONS/LICENSING Registered Professional Engineer, State of Florida PROFESSIONAL AFFILIATIONS American Society of Civil Engineer Florida Structural Engineers Association DDA Engineers, P.A. 4930 SW 74h Court Miami, FL 33155 E.uzFE. L rd o- d oJ i o 190 Pedro J. DuQuesne, P.E. - Partner Mr. DuQuesne has been part of DDA Engineers, P.A. since 1973. Mr. DuQuesne's experience include the design of numerous award winning private, commercial and government projects including steel, concrete and composite structures. Mr. DuQuesne has been the principal structural engineer for many significant buildings in the South Florida area. Mr. DuQuesne's philosophy is to render structural engineering services in a comprehensive, creative, professional and understanding manner working with clients to achieve and exceed their expectations. RELEVANT PROJECT EXPERIENCE INCLUDES THE FOLLOWING: American Airlines Arena, Miami, Florida - Engineer of Record Scope: Complete structural design, construction documents, construction administration and threshold inspections. 500 Block of Collins, Miami Beach, Florida - Engineer of Record Scope: Complete structural design, construction documents, construction administration and threshold inspections. Lincoln Center (Beach Cinema), Miami Beach, Florida - Engineer of Record Scope: Complete structural design, construction documents, construction administration and threshold inspections. Port of Miami Terminals D & E, Doral, Florida - Engineer of Record Scope: Threshold lnspections. University of Miami Clinical Research Building, Miami, Florida - Engineer of Record Scope: Complete structural design, construction documents, construction administration and threshold inspections. Marina Blue, Miami, Florida - Structural Engineer Scope: Complete structural design, construction documents, construction administration and threshold inspections. Doral City Hall & Parking Garage, Doral, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. Hadley Park Youth Center, Miami, Florida - Engineer of Record Scope: Complete Structural Design, Conskuction Documents, Construction Administration & lnspections. Cuban Museum, Miami, Florida - Engineer of Record Scope: Complete Structural Design, Construction Documents, Construction Administration & lnspections Miami Science Museum, Miami, Florida - Structural Engineer Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections DDA ENGINEERS, P.A. YEARS OF EXPERIENCE 42 Years EDUCATION Bachelor of Science, Civil Engineering, Louisiana State University- 1971 REGISTRATIONS Registered Professional Engineer, State of Florida Special lnspector PROF ESSIONAL AFFILIATIONS American Society of Civil Engineer Florida Structural Engineers Association DDA Engineers, P.A. 4930 SW 74s Court, Miami, FL 33155 a ts6L UJ o- Uc o q o o !uo- 191 Ernesto Wong, P.E. - Partner Mr. Wong's has been a practicing structural engineer for the past thirty-one years. He has designed and inspected numerous projects, including institutional, residential and commercial projects. RELEVANT PROJECT EXPERIENCE INCLUDES THE FOLLOWING: Sunset Place Shops & Parking Garage, Sunny lsles Beach, Florida - Project Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Jade Beach Condominium, Sunny lsles Beach, Florida - Prolect Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Adminishation & Threshold lnspections Elan Condominium, Miami, Florida - Project Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Eloquence on the Bay (Condominium), Miami, Florida - Project Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Park Square at Doral, Doral, Florida - Project Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Adminiskation & Threshold lnspections Freedom Tower - MDC - Miami, Florida - Prolect Manager Scope: Structural Restoration & lnspections University of Miami Life Science & Technology Park, Miami, Florida - Project Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections University of Miami Clinical Research Building & Parking Garage, Miami, Florida - lnspector Scope: Complete Structural Design, Construction Documents, Construction Adminishation & lnspections Regalia Condominium, Sunny lsles Beach, Florida - Project Manager Scope: Complete Structural Design, Construction Documents, Construction Administration, Special & Threshold lnspections Brickell City Centre, Miami, Florida - Project Manager Scope: Complete Structural Design, Construction Documents, Construction Administration, Special & Threshold lnspections DDA ENGINEERS, P.A. YEARS OF EXPERIENCE 31 Years EDUCATION Bachelor of Science, Civil Engineering, University of Florida - 1982 REGISTRATIONS/LICENSING Registered Professional Engineer, State of Florida Special lnspector Standard Building lnspector Licensed Building lnspector for the City of Miami Beach Licensed Building lnspector for the City of Sunny lsles Beach PROFESSIONAL AFFILIATIONS American Society of Civil Engineer Florida Structural Engineers Association DDA Engineers, P.A. 4930 SW 74h Court, Miami, FL 33155 dqzFd L t! o- dzo =oFv\t!zd.r! 192 Cristobal M. Perez-Pita ry DDA Mr. Perez has had forty years of practice in all phases of project construction, =NGINEERS' P'A' design, scheduling implementation, and quality control. He has supervised and inspected numerous projects, including institutional, residential and commercial YEARS OF EXPERIENCEprojects. 40 Years RELEVANT PROJECT EXPERIENCE INCLUDESTHE FOLLOWING: EDUCATION Bachelor of Science, Architecture, Jose A. Elan Condominium, Miami, Florida - lnspector Echevenia Politechnical lnstitute-1973 Scope: Complete structural design, construction documents, construction adminiskation and DDA Engineers, p.A. threshold inspections 4$0 sw 74h court, Miami, FL 33155 Blue Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction adminiskation and threshold inspections Marina Blue Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Jade Ocean Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Regalia Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections University of Miami Clinical Research Building, Miami, Florida - lnspector Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections DoralCity Hall & Parking Garage, Doral, Florida - lnspector Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. Turnpike Service Plaza, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Frost Museum of Science, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Miami Central Senior High School, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Brickell City Centre. Miami, Florida - lnspector Scope: Threshold lnspections o oo C (I,vo- N(u Uo-j E -oo .9LU 193 '. Jose De Armas Mr. De Armas has had twenty-two years of practice as an Engineer. He has ENGINEERS' P'A' supervised, inspected, and been a Threshold lnspector for numerous projects, including institutional, residential and commercial projects. YEARS OF EXPERIENCE 22Years RELEVANT PROJECT EXPERIENCE INCLUDESTHE FOLLOWING: EDUCATI'N The Carillon Complex, Miami, Florida - lnspector Bachelor of Science, Architecture, Jose A. Scope: Complete structural design, construction documents, construction administration and Echeverria Politechnical lnstitute-1993 threshold inspections DDA Engineers, p.A. Blue condominium, Miami, Frorida - rnspector 4930 sw 74s court' Miami' FL 33155 Scope: Complete structural design, construction documents, construction adminishation and threshold inspections Marina Blue Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Jade Ocean Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Star Lofts Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Regalia Condominium, Miami, Florida - lnspector Scope; Complete structural design, construction documents, construction administration and threshold inspections Frost Museum of Science, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Museum Plaza (Perez Art Museum), Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Miami Beach Senior High School, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Brickell City Centre, Miami, Florida - lnspector Scope: Threshold lnspections DDA o oo E fI, EL oo o o 194 ryThe Carillon Complex (Canyon Ranch) Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope ofService: Brief Description: 500 Block of Collins Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Brief Description: Lincoln Center (Beach Cinema) Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Brief Description: Arquitectonica 6801 Collins Avenue, Miami Beach, Florida 1,600,000 square feet / 37-Stories $233 million 2008 Sherri Gutienez, AIA Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections DDA ENGINEERS, P,A. The project consists ofthe design and threshold inspections ofa 640,000 sf,22- story South Tower, a 900,000 sf, 37-story North Tower, a 60,000 sf, 5-story Canyon Ranch Spa with pool I plaza level on the roof and the complete renovation of the 1950's historic 17-story Carillon Hotel building. The structural framing for the new towers and spa consists of post-tensioned concrete slabs supported by concrete columns. Zyscovich, Inc. Collins Avenue, Miami Beach, Florida 50,000 square feet (Retail) / 120,000 square feet (Office) $9.7 million 2005 Bernard Zyscovich, AIA Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections The project consisted of a.50,000 sf, of one- and two-floor townhouse-style retail space within a three-story parking garage structure. The project is located on one of the most visible commercial sites in the historic Art Deco District of Miami Beach. The structural framing system consisted of precast concrete joists, concrete beams and columns. A steel lattice-type screen, which has become a city landmark, is used to mask the parking structure beyond. Zyscovich, Inc. 1100 Lincoln Road, Miami Beach, Florida 223,000 square feet / 4-Stories $18 million 1998 Bernard Zyscovich, AIA Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections The project consisted of a 80,000 sf, two-story multi-plex theater, 47,000 sf of retail space and a 96,000 sf, six-level parking garuge. The structural framing for the cinema and retail space consists of composite steel beams and steel columns. The structural framing for the parking garage consists ofprecast concrete joists, concrete beams and columns. 195 rySunset Harbor Shops & Parking Garage Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Arquitectonica 1900 Bay Road, Miami Beach, Florida 32.000 square leet / 5-Stories $10 million 2012 Alfonso Jurado, AIA,, LEED, AP Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections DDA ENGINEERS, P.A. The project is located in Miami Beach - Purdy Avenue/Bay Road. Project consist of a 50 feet high, five-story precast parking garage building with over 435 provided parking spaces and approximately 32,000 square feet of office space at ground floor. Framing system was constructed using cast in place column, beams and precast joists. The second floor system is a poured in place (flat plate) slab to provide maximum height over ground floor retail. The foundation system for the parking garage consist of 18" diameter augercast piles with grade beams and pilecaps and a 12" structural ground floor slab. Miami Beach Senior Hish School Address: 2231 Prairie Avenue, Miami Beach, Florida Owner: Miami Dade County Public Schools Architect: Reference: Size of Project: Zyscovich Jose Murguido, AIA 229,245 square feet Construction Budget: $88 million Completion: Scope ofService: Brief Description: American Airlines Arena Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope ofService: Brief Description: 2008 Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections The project consists ofone large 3-story classroom / administration building, a gymnasium and an auditorium. The structural framing for the classroom / administration building consists of precast concrete joists, concrete beams, concrete columns and site-cast concrete tilt-wall panels. The structural framing for the gymnasium and auditorium consists of long-span steel joists supported on site-cast tilt-wall panels. Arquitectonica Miami, Florida 692,000 square feet $200 million 2000 William Lai, AIA Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections The project consisted ofthe design ofthe foundations for the Arena "bowl" and the surrounding structure, which included two levels of below-grade parking, two elevated roads (Heat Blvd, and extension of NE Sth Street), the basketball practice facility, Bongos Cuban Caf6 and the exterior plaza. The structural system for the plaza, garage and elevated roads consisted of precast concrete joists, concrete beams and columns. The practice facility consisted of masonry exterior walls with steel-framed roof system. The Bongos Cuban Caf6 roof consisted ofa post{ensioned concrete slab. 196 WW Reference: GeorgeValcarcel,AIA - ENG1NEER5, p.A. Size of Project: 900,000 square feet / l5-Stories Scope of Semice: Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections Brief Description: The project consisted of a l5-story tower with 336,000 sf of research / lab space plus an ll-story, 1450-car parking garage and a2-story,60,000 sf wellness center on the roof. The structural framing system for the tower consisted of precast concrete joists, concrete beams and columns. The parking garage consisted of precast concrete double-T's and columns. The Wellness Center was a steel-framed structure. Brickell Citv Centre Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Semice: Brief Description: Museum of Science Architect: Address: Size of Project: Construction Budget: $275 million Rodriguez & Quiroga Architects Chartered 1075 Biscayne Blvd, Miami, FL 3-Story 250,000 square feet Arquitectonica 801 Brickell Ave, Miami, FL 5.4 million square feet on 9.1 acres $1.05 billion 20t5 Christopher Gandolfo - Swire Properties Ltd. Threshold Inspections Brickell City Centre is a $1.05 billion mixed-use development. Strategically located in the center of the Brickell financial district, this is the single largest project currently underway in Downtown Miami. It includes 5.4 million square feet of construction divided among two l3-story office towers, two 4S-story residential towers, a 4l-story, 243-room hotel tower with 93 apartments, a retail level and below-grade parking for 3,100 vehicles. Construction types include post-tensioned concrete construction for the residential towers and hotel tower, structural steel frame for the l3-story office towers and the retail components and conventional concrete construction for the below grade parking. Completion Date: Reference: Scope of Service: Brief Description: 2016 Estm. Raul Rodriguez, AIA Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections The Patricia and Phillip Frost Museum of Science consist of three distinct but interconnected structures as well as an independent planetarium totaling 250,000 sf. The first of the distinct structures is the Living Core, which contains the GulfStream tank and other aquarium exhibits, all in a vessel shaped structure. The other two structures are the more traditional bar buildings that are adjacent to the Living Core. Each building has five levels above the at grade parking, some levels having double height spaces to accommodate larger exhibits. These structures are comprised of mainly pour-in-place beam supported one-way slabs. The beams are supported by concrete columns. The lateral system consists of a combination of lateral moment frames and concrete shearwalls. The Gulfstream tank is a unique structure within the Living Core framed with a combination of conventionally reinforced concrete and post-tension cables. The tank has a large 25' diameter oculus toward the bottom that is framed with a ring beam. The planetarium is a spherical shaped structure with a conventionally reinforced concrete lower half sphere supporting a precast architectural concrete upper half sphere. The entire structure is supported on pile-supported foundation system. 197 DDABuildinss/Proiects DDA Eneineers has performed Threshold Inspections on: ENGINEERS, P.A, Jackie Gleason Theater of the Performing Arts Two Midtown Miami Beach Senior High School Riverwalk Residence Regent South Beach Condominium P.litzPlaza Miami Beach Port of Miami Terminals D & E UM School ofNursing MIA North Terminal Development C-D Infill UM Life Science & Technology Park Jade Beach Condominium MDC Wolfson Campus Jade Ocean Condominium Miami Central Senior High School Fairfreld Dadeland Parksquare at Doral Elan Condominium Downtown Doral Office Bldg. Marina Blue Condominium Downtown Doral North & South Paseo Parking Garages Eloquence on the Bay Condominium The Bath Club Star Lofts Modera Metro Havana Lofts Palmermo Lakes Apartments 2020 Salzedo Office Building, Tower & Parking Garage 198 State qflFlorida Board gf Proftbiional Engineers I llt,l is outhorizcd undcr thc pro"isions of to the public through o Profcssionol Enginldt Erpir.rjoo'::r: t' Audtt No: j:a:itl'rr,86l State ,Florida Engineers PE AHTI ls licensed as a Pro{esslonal Exdr.tlon: 2r2El2017 Audh Xo: Zll20'17r05t3 Sl SPECIAL INSPECTOR State Florida rEngineers f BPt ;-iiniTffi ls licensed as a E{i.Etlrr: 2,:181201? 471, Florlda Statutes P.E. / Sl Uc. Noi 45i:!0 1073Audlt No: 22E20t710556 s, State Florida Board Engineers ls licensed aa a Professional Expiralkxr: Z:tt,2017 Audtl No: 22C201710349 Sl 471, Florida Statutes P.E. / Sl Lic. No: JBaTr 692 lfgerts thal SPECIAL INSPECTOR 199 - ACORT,UUNU9-1 L'I' IU: PU tE...,--D CERTIFICATE OF LIABILITY INSURANCE DATE lMlilOOrYYYYt 03/I8/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORi/IATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGAT]VELY AII,IEND, EXTEND OR ALTER THE COVERAGE AFFOROEO BY THE POLICIESBELOW. THIS CERTIFICATE OF INSUF{ANCE OOES NOT CONSTITUTE A CONTRACT BETYI'EEN THE ISSUING I}ISURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. lillFoRTANT:lfthecartlflcaleholderlsanADDlTloNALlNsURED,th thc torms end condlllo.E ol the pollcy, csrtaln pollcles may requlre an andonsamenL A staternent on this cartlllcato does not confor rlghtlito thecertiflcats holder In lleu of such endorsement(s). PROOUCER BUTLER, BUCKLEY, DEETS INC. i15T BLUE LA@ON DR., STE 420 M|AM!, FL 33r26 RICHARD H BUTLER FnEf' RTcHARD BUTLER t* NSUREAISI AFFOiOINO COVERAGE llAlc t rNsuRERr:STARR SURPLUS LINES lNS. CO.rilsuREo DDA ENGINEERS, P.A. 4930 SVrr 74 COURT MtAMt, FL 33155 INSI'RER E : tLs{rRERc: tli$JnEn o: i{SUREI E: It{suREn F THlSlsTocERrFYTHATTHEPoLlclESoFlNsuRAI{cEt-nreooxeueoffi lNolcATED NorwlrHSTANolNG ANY REQUIREMENT TERM oR coNDrrDN oF ANy coNTRAcr onbrxen oocuMENT wrH REspEcr ro wHtcH THtsCERTIFICATE ITIIAY BE ISSUED OR i'AY PERTAIN THE INSURAI.ICE AFFORD€D BY THE POLICIES DESCRIEED HEREIN IS SUBJECT TO ALL THE TERMSExcLusloNs ANo coNDttloNs oF sucH poltclEs LtMtrs sHown MAy HAVE BEEN REoucED ay pnro cLAMS cLAu,sA{AOE ] oCcUR AGGfiEGATE LNlr APPLIES PER A''IY AUTO AtL oyw,leD l-l scxeouleoAUTOS I I AUTOS HrREo^uros Ll l3i6o.*"" 8{rOlLY INJURY {Pr parran} BODILY lt'IJURY (P!, acddrnt) woRxERsoorPCxsAltoil I&ro EIrLoYEis LtAgUw ", u I ANY PROPft Erof,/PARINERGx€cUIrvE J-.I IoFacERiuEMgER€xcLuDED? | llNrA llb,rd.lory ln ilHt * |ivs drrabe|ffi I 0311412015 03/t4t2016 OEgCtuPnOtt Of OPtIAT]ot{s, LOCAIIOa{S, VEHELES (AdBh ACOIID tol. Addiloflrt R.il&rr !kh.d,rl.r I mrr.p... tr nqid6rlrIEN (10) DAIS NOTICE OF CTI.ICELIATION EOR N()N.PAIUENI OE PRSMTI]}{DEDUCUBIIE: $30,OO0 -SEPiRA!E DEDUCAIELE FOR COI{Do CIATM!} S1OO,OOO SHAN-D ATIY OF TTIE ABOVE OESCRIBED POLICES BE CAIICELLEO BEFORETHE EXPIRATIOTI OATE THEREOF, NOTTCE NM.L BE OELTVERED IH ACCORDAI|ICE WtTx THE POLICY PROvtStOt{S. Rr O 1988-2010 ACORD CORPORATIOIiI. All righE reserved. fhe ACORD name and logo are regbterad mrr*c of ACORDACORD 2s (2010105) 200 --.<lACORD CERTIFICATE OF LIABILITY INSURANCE\.--'DATE {IiU'DD/YYYY} 44t28t2015PRODUCER Global Assurance Agency 745 SW 35th Avenue Suite #202 Miami, FL 33135-4141 % INSURED DDA Engineers, pA 4930 SW 74th Court Miami, FL 33155 COVERAGES 11Lq_cF,RnF cArE rs rssuEmgllynuD coNFERs No RrcHrs uioi niE"de-Crrr I.o!D_E!, rxts cERIFtcATE DoEs xor-niliiio, Eiiir,ALTER THE COVERAGE AFFoFrnFn Rv ruc oa,''iito o IATION :ICATE ID OR N.A!C #M- INSURERS AFFORDING COVERAGE nrsunenru American Casuattv CompanvEffirg;Fl' TNSURER B: Transportation lnsurgnce Company 20494 INSURER C INSURER D: INSURER E: THE P( ANY RI PERTA POLICt TSFTTUI,I l re ltfsn )UCIES OF INSURANCE LISTEO BELI :QUIREMENT, TERM OR CONDfiON IN, THE INSUMNCEAFFORDED BY']:S.AGGREGATE LtMtTS SHOWN rr,tA. )W IiAVE BEEN ISSUED TO THE INi OF ANY CONTMCT OR OT}IER DO.HE POLICIES OESCRIBED HEREIN rHAVE BEEN REDUCED BY PAID C SURED NAMEDABOVE FORTHE POLI(]UMENTwlTH RESPECTTO WH}CH X IS SU&JECTTOALLTHE TERMS. EXCI .AIMS. )Y PERIOD INDICATED. NOTWTTHSTANDING {IS CERTIFICATE II{AY BE ISSUED OR MAY .USIONSAND CONDITION$ OF SUCH TYPE Of INSURANCF POUCY NUMBER ffiAxGEflERAL LIASIUTY I corvurencm GENERAL LrABrLry [-l cr-re,rsnqoe pl occun V funtracdual tiabirii- 2A24218233 05/08i15 05/08/16 5 EACH OCCURRENCE s 1.00o,000.0c Pf rEN I trUeos1rrc|5 100.000-00 MED EXP {Any one pss}$ 10,@,00 I PERSOML &ADV INJURY $ 1,000,000.00 EN'L AGGREC{TE UMTTAPPLIES PER I eor-rcv fJleno.recr l-l .oc GENEMLAGGREQ{TE 5 2.0@,0s.0o PROOUCTS - COMP/OPAGG $ 2,0oo,00o,m A x AUTOTOBIIE LtABlLrrr fl awauro ] er-r-owxeoeuros ] scxeouleonwos ] xrneorwos ] NoHowreoauros.l zvc $500 each 05/08/15 05/08/16 C_OMEINED SINGLE LIMIT(La uidcnt)s 1,0@,0@.00 BODILY INJURY (Par ptrsn)! BODILY INJURY(P€r acidsrd)G n DedrrcuG(compTcon.)-PIiOPERTY DAITTAGE(Per @iden0 G.A|?IAGE LllA[rY ] nr,rvluroI AUTO ONLY. EAACCIDENT $ oTHERTHAN EAACC AUTO ONLY AGG $ B x EXCESgUUERELLA LIABIUTY fl occun n cr-nrrus r,rnoe ] oeoucla,-e Zf nrre,c,ox $ lo,ooo J 05/08115 05/08/16 EACH OCCURRENCE $ 2,0oo,0oo.@ AGGREGATE s 2,00o,0oo.@ ! B Efi'ffi€&ofilELwCINAND H,3EgfiEF;?H"#"tEHu",,'. lf ,€s. d€sbe urder SPECI,AL PROVIStotaS betw 2057380389 05/08i15 ! 05/08116 yl r6Hv'iiiirfs f1"eii E.L EACHACCIDEMT I 1,O0O,0OO_0O E.L, DEENSE. EA €T'PLOYIE s 1,0@.0oo.@ OTHER L. DISEASE . POLICY LIMIT r.000.000_00 oFo@ CERTIE|CATE HOLDER M STIOULD AIOI OF IHE ABOV€ OESCRIBED POL'",ES BE CA**'O "iliffiiDATE THEREoF, THE ls$rilc rNst RER wlLL ENoEAvoR To uArL 3o orvs wnrrrex iIOTICE TO THE CERTTHCATE HOLOER NAflED TO THE LEFT, BUT FAILURE TO DO SO SHALL flPOSE NO OaLTGATptll OR LlABA_fry glANy Klr{OJ/|P, Oil TrrE^ll{suPF& tTS AcErlrrs oR Global Assurance Agencpluis A. GonzalJz 201 EXHIBIT B SCHEDULE A-1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND HILL INTERNATIONAL, INC. CONSULTANT SERVICE ORDER Project Name: Miami Beach Convention Center Renovation & Expansion Service Order No. 3 for Consulting Services. TO: Hill lnternational, lnc. 601 Brickell Key Drive, Suite 600 Miami, Florida 33131 DATE: October 21. 2015 Pursuant to the Agreement between the City of Miami Beach and Consultant for OWNER's REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT (RFP NO. 2014-278-ME) you are directed to provide the following Services: SCOPE OF SERVIGES: Additional Services for Threshold lnspections, as described in the attached proposal, dated September 28. 2015. Notwithstanding any other provision in the Agreement to the contrary, DDA shall at all times during the performance of its work carry professional liability coverage in the amount of $2,500,000 per occurrence and $2,500,000 million in the aggregate. Not-to-Exceed Fee: $ $718.080 Reimbursable Expenses: $ included above Total fee for this Service Order: $ S718.080 Thais Vieira, Sr. Project Manager Date Maria Hernandez, Project Director Date Jimmy L. Morales, City Manager Date OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION202 Htll Mr. Jimmy Morales, City Manager September 28,20L5 Page L September 28,2OI5 Mr. Jimmy Morales, City Manager City Manager's Office City of Miami Beach L700 Convention Center Drive, 4th Floor Miami Beach, FL 33039 PE: Miami Beach Convention Center Renovation Resolution No. Additional Services Proposal No. 1: Threshold lnspection Services Dear Mr. Morales Hill lnternational, lnc. is pleased to present our proposal to provide Threshold lnspection Services thru DDA Engineers P.A., as defined in Sections 110.8 of the Florida Building Code and Section 553.79(5) of the Florida Statutes. This proposal is based on a 24 month shell construction schedule assumption beginning in January of 2016 and ending in December of 2017. Project Description The Miami Beach Convention Center is located in Miami Beach, FL. The Project is to renovate and expand the existing Convention Center which was originally built in 1957. The completed renovation will consist of 1.4 million sq. ft., including 505,000 SQFT of exhibition space, 10 additional meeting rooms, a grand ballroom and junior ball rooms, 874 space parking structure, upgraded telecommunications and media, and a six acre park. The project budget is S500 million. Funding for the project comes from the City of Miami Beach. The Professional Design Firm for this project is Fentress Architects, Denver, CO. The Structural Engineer is Wallace Associates, Denver, CO. The Civil Engineer is Kimley-Horn, Miami, FL. The Owner's Representative is Hill lnternational, lnc., Miami, FL and the Construction Manager at Risk is Clark Construction, Tampa, FL. Scope of Services o Threshold lnspector Services o Threshold lnspection will be performed in accordance with the requirements of Section 110.8 of the Florida Building Code and Section 553.79(5) of the Florida Statutes.o Specials lnspections not included in fee, that required another inspection entity; o Shoring and Re-shoring Delegated Engineer o MaterialTesting o Testing agency for welded and bolted steel connections for steel framing, metal decking and light gage steel framing. o lndependent Engineer for installation of Exterior Curtain Wall, Storefront, Windows, Railing & Guardrails. o Geotechnical Special lnspector for Soil Compaction 203 lrIlt Mr. Jimmy Morales, City Manager September 28,2015 Page 2 Deliverobles/Schedule . One full-time inspector for 2 months. (January-February, 20L5) o Two full-time inspectors for 20 months. (March, 2016-October,ZOLT\. One full-time inspector for 2 months. (November-December, 20L7) Fees Fees for AdditionolServices - Additional services requested by the Client, which are outside the scope of this proposal, may be provided by the Consultant on a negotiated basis. No additional services shall be preformed until both parties agree in writing to the additional scope and method of compensation. Additional services performed on an hourly basis shall be invoiced monthly at the following rates. These rates shall remain in effect through June 2018. Project Executive Senior Project Manager Project Manager Project Accountant PM-QA MEPF Project Engineer Scheduler Estimator Project Controls Manager QA/aC Engineer (Structures and Finishes) Clerical/Document Control 5L7O-179lhour (per Appendix B of controct) S160-159/ho ur (per Appendix B of controct) S 130-139/ho ur (per Appendix B of controct) S 130-139/ho ur (per Appendix B of contract) SfSO-f3g/ho ur (per Appendix B of contract) $110-119/hour (per Appendix B of contract) Sf6O/hour (per Appendix B of contract) S160/hour (per Appendix B of contract) S14O-149/ho ur (per Appendix B of contract) 5L4O-7a9/hour (per Appendix B of contract) S0O-Sg/frour (per Appendix B of controct) Discipline Firm Name Firm Number Hours Rate Fee Project Management Hilllnternational 8hrs/mo/2 yrs 192 s16s $31,680 Threshold lnspector Sub DDA Engineers, P.A.24mo 7627 Seo s686,400 TOTAT Lump Sum FEE s718.O80 204 lll11 Mr. Jimmy Morales, City Manager September 28,2015 Page 3 Reimbursoble Expenses Reimbursable expenses incurred during the course of the referenced project are included in the proposed fee. Terms ond Conditions Per Agreement between the City of Miami Beach and Hill lnternational, lnc. for Owners Representative ServicesfortheMiamiBeachConventionCenterandExpansionProject,ResolutionNo-,as agreed and executed on _day of _, 2015. lndemnificotion Per Agreement between the City of Miami Beach and Hill lnternational, lnc. for Owners Representative Services for the Miami Beach Convention Center and Expansion Project , Resolution No , as agreed and executed on _day of _, 20L5. Limitolion of Liobility Per Agreement between the City of Miami Beach and Hill lnternational, lnc. for Owners Representative ServicesfortheMiamiBeachConventionCenterandExpansionProject,ResolutionNo-,as agreed and executed on _day of _, 2015. lf the forgoing correctly states your understanding, please prepare a contract amendment for our execution. WeareveryhappytobeofservicetotheCityandcontinueoursuccessful relationship! Sincerely, ELADTO CASTRODAD, P.E., PMP Vice President Encl: Bid Tabulation Report DDA Engineers P.A. Proposal Desimone Proposal Atkins Proposal cc: Maria Hernandez, Thais Vieira, Rafael Paz: City of Miami Beach Jeff Sacks, Strategic Advisory Group Steve DiBartolo, Dennis Parces: Hill lnternational HILL INTERNATIONAI, !NC. 205 Bid Tobulotion Report Inspection Services for MBCCThreshold Miami Beach Convention Center Cityof Miami Beach, FL Bil Openhg Dab: BiJ 0penhg Localon: PrirE Confa6r: 9/25t2015 Projal No. I Nane Owner: Cbrk Constructim, LLC ArdibcflErqheer Miami Beach Conventbn Center Renovatirns and Expansion. City of tiami Beach Bid Package Name: Threshold lnrpeclion Services Conbact Dah: Recommend Amrd to: DDA Engineen, P.A. onhebasbof n LowETPRIcE n pRrcEAGRE,tEi{r IsorsouRcEAsuREcrEDBrowGR [] emlvoeurrnv I nrqurnrooeso E rAcKoF3AccEprAEEsorJRcfs M BErrERQUAlrry E ercnCercveee. E cMsaf pBFoRr@(ApprwatlenerAttadEd) E oruen (oescrte): Best Overafl Value fhis Bid Package Budget g 750,000.00 Bidder Inlormation Address: Telephorr: FA)( Coned DDA Engineers, P.A. n ffio7tl 305.6565259 Aita M. Ababa, P.E. PartnerThis Subcontac{Amount: g 686,400.00 Bids Opened by: br te Omer's Represeohtive Bid Revieved by: br he Omefs Represeflhlve br te ArdrtdEngheer: (Opbna0 Sbven Dtsarbb, Sr. Projal Manager (S0nature) Ehdb Casroda{ Project Executive Bid Award Acknowled ged : br lte Ormer: Erecutd $e Confact (CMTDB rustindicab fie $GsdJl exacubn ard dab of he confad ): br fie BuHer: Approval lor Self Performance loyvner Signature and Approval Lebr Requied ilApproved tu SeI PerbrrEnce by Clr/OB) br tp Ovner: 11I11 Page I LCITY OF MIAMI BEACH Owner's Representative Services 206 Bid Tobulotion Report Threshold Inspection Services for MBCC Bidder No. l-Atkins 2001 NW L07 CT Doral,FL 33172 305-592-7275 Hum berto. alons o@atki n sqlobal. c om Former code compliance officer would head the project. 2-DeSimone Brickell Avenue, 6th Floor Miami, FL 33131 305-441-0755 incent Desimone incent.desim com No.3-CAP 343 Almeria Ave Coral Gables, FL 33134 305-M8-177L Carlos del Pino cdelpino@capfla.com Bidder No. r$-DDA Consulting Eneineers 4930 Southwest 74th Court Miami, FL 33155 30s-666-0711 Aida M. Albaisa, P.E. www.ddaeng.com CITY OF MIAMI BEACH Owner's Representative ServicesnI11 Page | 2 207 Bid Tobulotion Report Threshold Inspection Services for MBCC I -= eE.s-EE=;;-Ei E q 6E Y d=HEg l,lElElg-&;.i6!5F- Efi-EE<c €E =iE =,d Lj d) g a E E s 5 gs- = siI i5 =o Go EE F Ein a I 9I 63 =o U =dU zI U =-o- d- oo.6. CLc.a qoe ]upcoc.so ocot o coo E.9 Co cootoooco.E .q =oE P z Eo o o g Oa ffit I: &tr ,it,tl iil,ill ffit i,ri1rI'iii iit'trsffii{k o =o = =q =d ! E === B_'6E EE E-JE() (D : = = == = = € I === I =6Is o o ori ooN- o @oz o cto @ E E9i o EE;a4a:I t FE; EHtg a tEi@! == I R sE e o c I gT cc c I ooo EE AE EE oz z c;z oz CITY OF MIAMI BEACH Owner's Representative Services Page | 3ltIll 208 September 24,2015 Hill lnternational, lnc. 601 Brickell Key Drive, Suite 600 Miami, Florida 33133 Attention: Steven DiBartolo Senior Project Manager Reference: Miami Beach Convention Center Threshold lnspection Services DDA File Number 1501 Dear Mr. DiBartolo: DDA Engineers, P.A. (DDA) is pleased to submit this letter selection of a Threshold lnspection Services firm for the Miami Center project. DDA ENGINEERS, P.A. 4930 Southwest 74th Court Miami, FL33155 v.305.666.0711 f.305.666.5259 www.ddaeng.com of interest in the Beach Convention DDA is a Consulting Structural Engineering firm founded in 1969. Our projects are managed with hands-on design principals, associates and project managers. DDA is a local firm based in Miami-Dade County. The core staff of the firm, comprised of its partners and associates, has practiced together for over 30 years. The experience of working together for so many years constitutes a unique aspect of DDA. lt further denotes the degree of stability, which the firm has enjoyed due to the loyalty it has earned from its clients who continue to reward the firm with repeated commissions. The firm was organized with the definite objective of providing quality structural engineering design and inspections services to our clients. We firmly believe that these services should be rendered in a comprehensive, creative, professional and understanding manner. During our 4S-plus year history we have gained extensive experience in providing threshold inspection services for a variety of building types, including retail, transportation, high-rise residential, mixed-use, hotels, commercial, parking garages, schools, universities, museums and government work. We have attached representative projects to this letter because we feel these are most illustrative of the experience required for a project such as the Miami Beach Convention Center. We have experience performing Threshold lnspection services for projects that have Structural Engineering firms that are based out of state, one example being the Brickell City Centre project designed by Magnusson Klemencic Associates (MKA). Additional projects that we have performed Threshold lnspection services on are the American Airlines Arena, 500 Block Collins, Lincoln Center (Beach Cinema), The Carillon 209 September 24,2015 Hill lnternational, lnc. Page 2 of 2 W DDA ENGINEERS, P.A. Complex, Miami Beach Senior High School, MIA North Terminal Development CD lnfill, Regalia Condominium and Marina Blue Condominium. We are also currently performing Threshold lnspection services at the Miami Science Museum, designed by Grimshaw. Each one came with its own unique challenges and has been iconic additions to the Miami skyline. ln the mid 1980's ourfirm was the Design Engineer and Threshold lnspectors for the Miami Beach Convention Center Expansion project, which consisted of the expansion of the existing Halls, a new east entrance was added, new interior connector-bridge, new additions to the north and south side of the existing building. We encourage you to review the information enclosed and we would appreciate the opportunity to meet with you to further discuss our qualifications. We are most excited to have an opportunity to participate in the Miami Beach Convention Center project. Respectfully, DDA Engineers, P.A. hunftu*- Aida M. Albaisa, P.E. Partner 210 September 24,2015 Hill lnternational, lnc. 601 Brickell Key Drive, Suite 600 Miami, FL 33131 Attention: Steven DiBartolo Senior Project Manager Reference: Miami Beach Convention Center Renovations and Expansion Threshold lnspection Services Proposal Our File No. 1501 DDA ENGINEERS, P.A. 4930 Southwest 74th Court Miami, FL33155 v.305.656.0711 f.30s.6665259 www.ddaeng.com Dear Mr. DiBartolo: DDA Engineers, P.A. is pleased to submit this fee proposal with the purpose of performing Threshold lnspections for the Miami Beach Convention Center project. This proposal is based on a 24 month shell construction schedule beginning in January of 2016 and ending in December of 2017. Threshold lnspection Services $ 90.00/hour, billed monthly For budget purposes, we estimate that each inspector will require a monthly allocation, based on a 40 hour standard work week, of 173.33 hrs/month x $90.00/hr = $ 15,600.00 per month. 1 inspector for 2 months 2 inspectors for 20 months 1 inspector for 2 months TotalEstimated Fees: =2x$15,600.00/month - $ 31,200.00 =20x$15,600/monthx2 - $624,000.00 =2x$15,600.00/month = $ 31.200.00 $ 686,400.00 Hours above are estimated based on the proposed schedule and will be monitored monthly. We will be billing monthly for only hours worked at a rate of $90.00/hour. Hours not used will not be billed. lf monitoring indicates that hours will be exceeded, owner will be notified immediately. Any additional hours will be billed monthly until the completion of the project. Special lnspections requiring another inspection entity (not included in the Threshold Fee):. Shoring and Re-shoring Delegated Engineer. MaterialTestingo Testing agency for welded and bolted steel connections for steel framing, metal decking and light gage steel framing.. lndependent Engineer for installation of Exterior Curtain Wall/ Storefront Mindows/ Railings / Guard Rails. Geotechnical Special lnspector for soil compaction. DDA Engineers thanks you for the opportunity of presenting our fee proposal and is most enthusiastic to provide Threshold lnspection services for this project. Respectfully, DDA Engineers, P.A. A--rlf &ba^, u Aida M. Albaisa, P.E. Partner 211 Aida M. Albaisa, P.E. - Partner Mrs. Albaisa has been a practicing structural engineer for the last twenty-six years. Having a degree in Architectural Engineering reinforces her sensitivity to architectural considerations in structural concepts. Mrs. Albaisa's design experience involves projects whose structural system includes precast prestressed concrete, caslin-place concrete and steel framing. Mrs. Albaisa is fluent in English and Spanish. RELEVANT PROJECT EXPERIENCE INCLUDES THE FOLLOWING: Miami Beach Senior High School, Miami Beach, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Adminiskation & Threshold lnspections. Downtown Doral Office Building, Doral, Florida - Engineer of Record Scope; Structural Design, Construction Documents, Construction Administration & Threshold lnspections. Downtown North & South Paseo Parking Garages, Doral, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. University of Miami Life Science & Technology Park, Miami, Florida - Engineer of Record Scope; Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Miami Science Museum, Miami, Florida - Engineer of Record Scope; Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Miami Dade College Kendall Campus Prototype Building, Miami, Florida - Engineer of Record Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Miami Dade College Wolfson Campus Student Support Center, Miami, Florida - Engineer of Record Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Little Haiti Cultural Arts Center, Miami, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Adminishation & Threshold lnspections. Our Lady of Lourdes Academy, Miami, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. Brickell City Centre, Miami Beach, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Construction Administration & Threshold lnspections. DDA ENGINEERS, P.A. YEARS OF EXPERIENCE 26 Years EDUCATION Bachelor of Science, Civil Engineering, University of Miami - 1987 Bachelor of Science, Architectural Engineering, University of Miami - 1987 REGISTRATIONS/LICENSING Registered Professional Engineer, State of Florida PROFESSIONAL AFFILIATIONS American Society of Civil Engineer Florida Structural Engineers Association DDA Engineers, P.A. 4930 SW T4t Court Miami, FL 33155 d @zFE. L ui o.d(n coJ i o 212 Pedro J. DuQuesne, P.E. - Partner Mr. DuQuesne has been part of DDA Engineers, P.A. since'1973. Mr. DuQuesne's experience include the design of numerous award winning private, commercial and government projects including steel, concrete and composite structures. Mr. DuQuesne has been the principal structural engineer for many significant buildings in the South Florida area. Mr. DuQuesne's philosophy is to render structural engineering services in a comprehensive, creative, professional and understanding manner working with clients to achieve and exceed their expectations. RELEVANT PROJECT EXPERIENCE INCLUDES THE FOLLOWING: American Airlines Arena, Miami, Florida - Engineer of Record Scope: Complete structural design, construction documents, construction administration and threshold inspections. 500 Block of Collins. Miami Beach, Florida - Engineer of Record Scope: Complete structural design, construction documents, construction administration and threshold inspections. Lincoln Center (Beach Cinema), Miami Beach, Florida - Engineer of Record Scope: Complete structural design, construction documents, construction administration and threshold inspections. Port of Miami Terminals D & E, Doral, Florida - Engineer of Record Scope: Threshold lnspections, University of Miami Clinical Research Building, Miami, Florida - Engineer of Record Scope: Complete structural design, construction documents, construction administration and threshold inspections. Marina Blue, Miami, Florida - Skuctural Engineer Scope: Complete structural design, construction documents, construction adminiskation and threshold inspections. Doral City Hall & Parking Garage, Doral, Florida - Engineer of Record Scope: Structural Design, Construction Documents, Conshuction Administration & Threshold lnspections. Hadley Park Youth Center, Miami, Florida - Engineer of Record Scope: Complete Structural Design, Construction Documents, Construction Administration & lnspections. Cuban Museum, Miami, Florida - Engineer of Record Scope: Complete Structural Design, Construction Documents, Construction Administration & lnspections Miami Science Museum, Miami, Florida - Structural Engineer Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections DDA ENGINEERS, P.A. YEARS OF EXPERIENCE 42 Years EDUCATION Bachelor of Science, Civil Engineering, Louisiana State University - 1971 REGISTRATIONS Registered Professional Engineer, State of Florida Special lnspector PROFESSIONAL AFFILIATIONS American Society of Civil Engineer Florida Structural Engineers Association DDA Engineers, P.A. 4930 SW 74t Court, Miami, FL 33155 oc ts6L ui o- qtc (U a o i o !(U o- 213 ry DDA ENGINEERS, P.A YEARS OF EXPERIENCE 31 Years EDUCATION Bachelor of Science, Civil Engineering, University of Florida - 1982 REGISTRATIONS/LIC ENSING Registered Professional Engineer, State of Florida Special lnspector Standard Building lnspector Licensed Building lnspector for the City of Miami Beach Licensed Building lnspector for the City of Sunny lsles Beach PROFESSIONAL AFFILIATIONS American Society of Civil Engineer Florida Structural Engineers Association DDA Engineers, P.A. 4930 SW 74h Court, Miami, FL 33155 Ernesto Wong, P.E. - Partner Mr. Wong's has been a practicing structural engineer for the past thirty-one years. He has designed and inspected numerous projects, including institutional, residential and commercial projects. RELEVANT PROJECT EXPERIENCE INCLUDES THE FOLLOWING: Sunset Place Shops & Parking Garage, Sunny lsles Beach, Florida - Project Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Jade Beach Condominium, Sunny lsles Beach, Florida - Prolect Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Elan Condominium. Miami, Florida - Project Manager & lnspector Scope; Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Eloquence on the Bay (Condominium), Miami, Florida - Pro;ect Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections Park Square at Doral, Doral, Florrda - Project Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Adminishation & Threshold lnspections Freedom Tower - MDC - Miami, Florida - Project Manager Scope: Structural Restoration & lnspections University of Miami Life Science & Technology Park, Miami, Florida - Project Manager & lnspector Scope: Complete Structural Design, Construction Documents, Construction Administration & Threshold lnspections University of Miami Clinical Research Building & Parking Garage, Miami, Florida - lnspector Scope: Complete Structural Design, Construction Documents, Construction Administration & lnspections Regalia Condominium, Sunny lsles Beach, Florida - Project Manager Scope: Complete Structural Design, Construction Documents, Construction Administration, Special & Threshold lnspections Brickell City Centre, Miami, Florida - Prqect Manager Scope: Complete Structural Design, Construction Documents, Construction Administration, Special & Threshold lnspections dUzFd c trl o- uzo BoF(,r!zd. Lrl 214 Cristobal M. Perez-Pita Mr. Perez has had forty years of practice in all phases of project construction, design, scheduling implementation, and quality control. He has supervised and inspected numerous projects, including institutional, residential and commercial profects. RELEVANT PROJECT EXPERIENCE INCLUDES THE FOLLOWING: Elan Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Blue Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction adminiskation and threshold inspections Marina Blue Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Jade Ocean Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Regalia Condominium, Miami, Florida - lnspector Scope: Complete structural design, conshuction documents, construction administration and threshold inspections University of Miami Clinical Research Building, Miami, Florida - lnspector Scope: Structural Design, Construction Documents, Construction Adminishation & Threshold lnspections Doral City Hall & Parking Garage, Doral, Florida - lnspector Scope: Skuctural Design, Construction Documents, Construction Administration & Threshold lnspections. Turnpike Service Plaza, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Frost Museum of Science, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Miami Central Senior High School, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Brickell City Centre, Miami, Florida - lnspector Scope: Threshold lnspections DDA ENGINEERS, P.A. YEARS OF EXPERIENCE 40 Years EDUCATION Bachelor of Science, Architecture, Jose A. Echeverria Politechnical lnstitute-1 973 DDA Engineers, P.A. 4930 SW 74h Court, Miami, FL 33155 oo c (oEo- NoL (U o-j t -ooP LL, 215 Mr. De Armas has had twenty-two years of practice as an Engineer. He has supervised, inspected, and been a Threshold lnspector for numerous proiects, including institutional, residential and commercial projects. RELEVANT PROJECT EXPERIENCE INCLUDES THE FOLLOWING: DDA ENGINEERS, P.A. YEARS OF EXPERIENCE 22Years EDUCATION Jose De Armas The Carillon Complex, Miami, Florida - lnspector Bachelor of Science, Architecture, Jose A. Scope: Complete structural design, construction documents, construction administration and Echeverria Politechnical lnstitute-1993 threshold inspections DDA Engineers, p.A. Blue condominium, Miami, Florida - lnspector 4930 sw 74h court' Miami' FL 33155 Scope: Complete structural design, construction documents, construction administration and threshold inspections Marina Blue Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Jade Ocean Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Star Lofts Condominium. Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Regalia Condominium, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Frost Museum of Science, Miami, Florida - lnspector Scope; Complete structural design, construction documents, construction administration and threshold inspections Museum Plaza (Perez Art Museum), Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Miami Beach Senior High School, Miami, Florida - lnspector Scope: Complete structural design, construction documents, construction administration and threshold inspections Brickell City Centre, Miami, Florida - Inspector Scope: Threshold lnspections o oc c (! E (uo (u o 216 The Carillon Complex (Canvon Ranch) Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Brief Description: 500 Block of Collins Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Brief Description: Lincoln Center (Beach Cinema) Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Brief Description: Arquitectonica 6801 Collins Avenue, Miami Beach, Florida 1,600,000 square feet / 37-Stories $233 million 2008 Sherri Gutierrez, AIA Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections DDA ENGINEERS, P.A. The project consists ofthe design and threshold inspections ofa 640,000 sf,22- story South Tower, a 900,000 sf, 37-story North Tower, a 60,000 sf, 5-story Canyon Ranch Spa with pool I plaza level on the roof and the complete renovation of the 1950's historic 17-story Carillon Hotel building. The structural framing for the new towers and spa consists of post-tensioned concrete slabs supported by concrete columns. Zyscovich, Inc. Collins Avenue, Miami Beach, Florida 50,000 square feet (Retail) I 120,000 square feet (Office) $9.7 million 2005 Bemard Zyscovich, AIA Complete Structural Design, Construction Documents, Construction Administration and Tkeshold Inspections The project consisted of a 50,000 sf, of one- and two-floor townhouse-style retail space within a three-story parking garage structure. The project is located on one of the most visible commercial sites in the historic Art Deco District of Miami Beach. The structural framing system consisted of precast concrete joists, concrete beams and columns. A steel lattice{ype screen, which has become a city landmark, is used to mask the parking structure beyond. Zyscovich, Inc. 1100 Lincoln Road, Miami Beach, Florida 223,000 square feet / 4-Stories $18 million I 998 Bemard Zyscovich, AIA Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections The project consisted of a 80,000 sf, two-story multi-plex theater, 47,000 sf of retail space and a 96,000 sf, six-level parking garage. The structural framing for the cinema and retail space consists of composite steel beams and steel columns. The structural framing for the parking garage consists of precast concrete joists, concrete beams and columns. 217 Sunset Harbor Shops & Parking Garage Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Miami Beach Senior High School Arquitectonica 1900 Bay Road, Miami Beach, Florida 32,000 square leet / S-Stories $10 million 20t2 Alfonso Jurado, AIA, LEED, AP Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections W DDA ENGINEERS, P,A. The project is located in Miami Beach - Purdy Avenue/Bay Road. Project consist of a 50 feet high, five-story precast parking garage building with over 435 provided parking spaces and approximately 32,000 square feet of office space at ground floor. Framing system was constructed using cast in place column, beams and precastjoists. The second floor system is a poured in place (flat plate) slab to provide maximum height over ground floor retail. The foundation system for the parking garage consist of 18" diameter augercast piles with grade beams and pilecaps arrd a 12" structural ground floor slab. Address: Owner: Architect: Reference: Size of Projea: Constyuction Budget: $88 million 2231 Prairie Avenue, Miami Beach, Florida Miami Dade County Public Schools Zyscovich Jose Murguido, AIA 229,245 square feet Completion: Scope of Service: Brief Description: American Airlines Arena Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Brief Description: 2008 Complete Structural Design, Construction Documents, Construction Administration and Tkeshold Inspections The project consists of one large 3-story classroom i administration building, a gymnasium and an auditorium. The structural framing for the classroom / administration building consists of precast concrete joists, concrete beams, concrete columns and site-cast concrete tilt-wall panels. The structural framing for the gymnasium and auditorium consists of long-span steel joists supported on site-cast tilt-wall panels. Arquitectonica Miami, Florida 692,000 square feet $200 million 2000 William Lai, AIA Complete Structural Design, Construction Documents, Construction Admi nistration and Threshold Inspections The project consisted ofthe design ofthe foundations for the Arena "bowl" and the surrounding structure, which included two levels of below-grade parking, two elevated roads (Heat Blvd, and extension of NE 8'h Street), the basketball practice facility, Bongos Cuban Caf6 and the exterior plaza. The structural system for the plaza, garage and elevated roads consisted of precast concrete joists, concrete beams and columns. The practice facility consisted of masonry exterior walls with steel-framed roof system. The Bongos Cuban Caf6 roof consisted ofa post-tensioned concrete slab. 218 University of NIiami Clinical Research Buildins Architect: Address: Size of Project: Construction Budget: $70 million Completion Date: Reference: Scope ofService: Brief Description: Brickell Citv Centre Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Brief Description: Perkins and Will I120 N.W. 14'h Street, Miami, Florida 900,000 square feet / 15-Stories DDAOctober, 2006 George Valcarcel, AIAUEUTBE Ydrudtust,ru^ ENGINEERS, p.A. Complete Structural Design, Construction Documents, Construction Administration and Threshold Inspections The project consisted of a 15-story tower with 336,000 sf of research / lab space plus an 1l-story, 1450-car parking garage and a 2-story,60,000 sf wellness center on the roof. The structural framing system for the tower consisted of precast concrete joists, concrete beams and columns. The parking garage consisted of precast concrete double-T's and columns. The Wellness Center was a steel-framed structure. Arquitectonica 801 Brickell Ave, Miami, FL 5.4 million square feet on 9.1 acres S1.05 billion 2015 Christopher Gandolfo - Swire Properties Ltd. Threshold Inspections Bricketl City Centre is a $1.05 billion mixed-use development. Strategically located in the center of the Brickell financial district, this is the single largest project currently underway in Downtown Miami. It includes 5.4 million square feet of construction divided among two l3-story office towers, two 48-story residential towers, a 4l-story, 243-room hotel tower with 93 apartments, a retail level and below-grade parking for 3,100 vehicles. Construction types include post-tensioned concrete construction for the residential towers and hotel tower, structural steel frame for the l3-story office towers and the retail components and conventional concrete construction for the below grade parking. Rodriguez & Quiroga Architects Chartered 1075 Biscayne Blvd, Miami, FL 3-Story 250,000 square feet $275 million 2016 Estm. Raul Rodriguez, AIA Complete Structural Design, Construction Documents, Construction Administration and Tkeshold Inspections The Patricia and Phillip Frost Museum of Science consist of three distinct but interconnected structures as well as an independent planetarium totaling 250,000 sf. The first of the distinct structures is the Living Core, which contains the GulfStream tank and other aquarium exhibits, all in a vessel shaped structure. The other two structures are the more traditional bar buildings that are adjacent to the Living Core. Each building has five levels above the at grade parking, some levels having double height spaces to accommodate larger exhibits. These structures are comprised of mainly pour-in-place beam supported one-way slabs. The beams are supported by concrete columns. The Iateral system consists of a combination of lateral moment frames and concrete shearwalls. The Gulfstream tank is a unique structure within the Living Core framed with a combination of conventionally reinforced concrete and post-tension cables. The tank has a large 25' diameter oculus toward the bottom that is framed with a ring beam. The planetarium is a spherical shaped structure with a conventionally reinforced concrete lower half sphere supporting a precast architectural concrete upper half sphere. The entire structure is supported on pile-supported foundation system. Architect: Address: Size of Project: Construction Budget: Completion Date: Reference: Scope of Service: Brief Description: 219 Buildinss/Proiects DDA Ensineers has performed Threshold Insnections on: Jackie Gleason Theater of the Performing Arts Miami Beach Senior High School Regent South Beach Condominium Port of Miami Terminals D & E MIA North Terminal Development C-D Infill Jade Beach Condominium Jade Ocean Condominium Fairfield Dadeland Elan Condominium Mari na Blue Condominium Eloquence on the Bay Condominium Star Lofts Havana Lofts Palmermo Lakes Apartments Two Midtown Riverwalk Residence PtitzPlaza Miami Beach UM School of Nursing UM Life Science & Technology Park MDC Wolfson Campus Miami Central Senior High School Parksquare at Doral Downtown Doral Office Bldg. Downtown Doral North & South Paseo Parking Garages The Bath Club Modera Metro 2020 Salzedo Office Building, Tower & Parking Garage 220 State Board gf q,trtrlorida o'"*P*3:lal Engineers gincers, P.A.,ffi'$ trlPI -iinirriii, ry*.,*,..":"," otutcs, to otfcr cnginccring ccrurccsrr criirrrircd unicr thc p.o"isions of Scc.ionl/Ufr|f|$loturcs, ro offcr cnginccring scnicc: ro thc public through o Profcssionol Enginccr. a{ffitn*r choorer 47 r. Floritlo srotuta. Erpirztiosr l,]l:i',t - 'm" - CA Lic. No: Audrr No: ::l{:'rl-rx{t{,1 I ft}t. State q,fhFlorida Board of Probd$ional Engineers ls licensed as a Professional Exdrathn: 2r2E[201 z Audil ilo: 2282017105t3 Sl 471, Florida Statutes P.E. / Sl Llc. No: )2trn 77 SPECIAL INSPECTOR ls licensed as a Professional Epi.ikm:znE 2017 Aud,l No: 22820t710556 Sl P.E. / Sl Uc. No: {5 l -r0 1073 SPECIAL INSPECTOR State qf,,Florida Board of Profts5ional Engineers t"[]ptr iidm_i il "ti , ls licgnsed as a Profeseional Expiraliotr:?l2WO17 Audll No: 2282017t05a9 Sl 471, Florida Statutes PE. / Sl Lrc. tao: -1aais 692 that SPECIAL INSPECTOR r 221 UUNDC-1 UP IU: PU - ACORD \,-z CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEHD, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOltr. THls cERrlFlcATE oF INSURANCE DOES NOT COiISTITUTE A CONTRACT BETWEEN THE |SSUING INSUREB(S), AUTHORTZED REPRESENTATIVE OR PRODUCER, AND THE CERIFICATE HOLDER. lltllF0RTANT:lfthecertlflcatehotdgrlsanADD|TloNALlNSUREo'thepollcy(leeImuslueendorgod. the terms and condltions of tha pollcy, certain policles may requlre an andanssmenl A statamont on this certificate does not confor rlghtsito the BUTLER, BUCKLEY, OEETS INC. 616r BLUE l_Ac€or.r DR., sTE 420 S LINES INS. CO. DOA ENGINEERS, P.A. {930 SW 74 COURT iilAMt, FL 33155 NUlttlBER: THls ls ro CERTIFY THAT THE PoltclEs oF tNsuRANcE LrsrED BEtow HAVE SEEH tssuED ro rxe ntsuneo NAMED ABo\rE FoR THE pouctpERtoE INDICATED NOTWITHSTANDING ANY REOUIREMENT TERM OR CONDIT1OH OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THISCERTIFICATE MAY 8E ISSUEO OR I!iAY PERTAIN THE TNSURANCE AFFORDED BY THE POL}CIES DESCRIBED HEREIN IS SUEJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIOI.IS OF SUCH POLICIES TIMITS SHOWN ii.AY HAVE BEEN REDUCED BY PAIO CI3IMS SOOILY INJURY (Pr pcrr{n} BOOILY INJURY (Ps, sccld!.ltl IIOf,IGRS COI"CnSAtlOx AIIO ET'I.OYEruT UASUTY Ar{Y PROPft gTOf /PARilTER€XEC UITVE OfFEER'U€MBER EXCLUOEO? tl.nd.ro.r ln Xtll I 6 das*a rrtdr A :PROFESSIONAL LIAB 0u1412015 0ut{/2016 lel cuam loecnecare I DESCilPflON Of OPIRAIIOI{S , LOCATOI{3 , VETIICLEE lA!.ch ACOhD l0l, A.tduon l i'rt rt3 !tdr(t.{., I mon .f.€r tr n$dErrl TEll (10} DATS NOTICE OF CA}ICELI.ATION FOR NON.PAIUETI? OF PREMIT'M: $30,OOO -SEPARAIE DEDUCTIBIJE fOR CONDO CIArlrS $1OO,O00 TKlI.l INSURED *-INSURED COPY*' SHqJLD AIIY OF THE ABOVE OESCRIBED POLICIES BE CAIICELLEO BEFORE THE EXPIRATIOil OATE THEREOF. NONCE WLL BE OELIVERED Ifl ACCORDAI,ICE WTll THE POLICY PRovlsloNs. AUNTOEEO REPRESE}ITAINE G.i[-*Su @ 19EE-2010 ACORO CORPORATTOT{. Alt rights rsseryed. The ACORD name and logo are mgbterod marks of ACORBACORD 25 t2010105) 222 -"4rt ACORD \.-'- CERTIFICATE OF LIABILITY INSURANCE DATE (I\IWDD/YYY4 04t2812015 Global Assurance Agency 745 SW 35th Avenue Suite #202 Miami, FL 33.135-4141 rHIs cERTtFrcArE rs rssuED ls a laerrEEEFlffi-nmAloxoNLy AND coNFERS No RTcHTS upox rriE-dECnFrcArE !o_rDER. THIS CERTTFICATE DOES uOr-amer,io, Exirno onALTER rHE covERAGE AFFoRDEq av rxe po-ircii's eelow. INSURERS AFFORDING COVERAGE DDA Engineers, PA 4930 SW 74th Court Miami, FL 33155 |NSURERA American Casualty Company of Readinq, pA TNSURER B: Transportation lnsurance Company COVERAGES THE P( ANY RI PERTA POLICI trsFrrom LTR ltrsRo )UCIES OF INSUMNCE LISTED BELOW HNVC EEEN ISSUED TO THE IN :9u_rF_EMENr, rERM oR coNDutoN ornr,rv con-innci*oi orxrn oorN, THE rNsuRANcE AFFoRDED By rne por-are s oei6n-rieo nenerN:s, AGGREGATE LrMrrs sHowN unv xeve aEeH nEouCib By pAro c SURED NAMEDAB( CUMENTWITH REI IS SUBJECTTOAL LAIMS. l-v5pnrip€c_rro wHrcH rHls cERrFrcAre r,mi aelssiiLD-dC'frqv - rHE TERMS. 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GonzalJz 223 Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 8 To The Professional Services Agreement Between The City Of Miami Beach And Strategic Advisory Group (SAG) Dated October 19,2011, For Consulting Services Relative To The Expansion And Enhancement Of The Miami Beach Convention Center, ln An Amount Not To Exceed $700,000,Reimbursable COMMISSION ITEM SUMMARY lntended Outcome Item Summ On October 19,2011, the City Commission approved an agreement with Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the Miami Beach Convention Center District, in an amount not to exceed $175,000. On January 11,2012, the City Commission authorized the issuance of Request for Qualifications No.22-11112(the 2012 RFQ)fora public-private mixed-use development in Miami Beach forthe enhancement of the MBCC district. On February 6, and March 13, 2013, the Commission authorized Amendments No. 1 and 2 to the SAG Agreement, respectively, for additional services relative to the 2012 RFQ. On January 15,2014, the City Commission adopted Resolution No. 2014-28479 terminating negotiations with South Beach ACE (selected pursuant lo lhe 2012 RFQ), directing the Administration to prepare a new RFP or RFQ for design-build or design services for the renovation of the Convention Center alone, and to identifu potential sites for a Hotel. On February 12, 2014, the City Commission approved the issuance of RFQ 2014- 142ME, for a Design Criteria Professional for the Convention Center Renovation Project, and authorized the City Manager to negotiate and execute any additional contracts, as required, in order to expedite this process, including but not limited to additional amendments to the SAG Agreement. Amendments No. 3 and 4, totaling $548,900, were executed pursuant to this directive. On September 10,2014, the City Commission directed the Administration to prepare a traffic study related to the development of a Convention Center Headquarter Hotel and to prepare a schedule for the potential procurement of a hotel developer. Amendment No.5, for consulting services associated with these tasks was executed in an amount not to exceed $30,000. On December 18,2014, the City Commission authorized the Mayor and City Clerk to execute Amendment No. 6 for the additional services associated with the procurement process of the hotel developer, in an amount not to exceed $166,375. On February 11,2015, the City Commission elected to re-bid the Project under a Construction Manager-at-Risk (CMAR) project delivery method, and on May 20, 2015, the Commission authorized Amendment No. 7, for continuing services related to the pre-construction phase services through December 31 , 2015, for a not to exceed amount of $198,825, and for asset management services to guide, monitor and oversee the transformation of the sales and marketing efforts, event and revenue focus, branding and operating strategies of the new Convention Center, for a not-to-exceed amount of $160,000. The proposed Amendment No. 8 provides for: 1) an extension of Convention Center project services on a more limited basis through the Construction Phase period ending July 31 ,2018:2) an extension of asset management services through March 31 , 2017; and 3) an extension of consulting relative to the Convention Center hotel development, if the referendum related to the Hotel Development and Ground Lease Agreement is approved in a special election on March 15,2016. The Administration recommends he Citv Commission adopt the Resolution. Source of Funds: Amount Account 1 $300,000 165-2816-061 357 Miami Beach Redevelopment Agency Non-Trust Fund Soecial Revenue Account 2 $160,000 160-4300-000312 City's Resort Tax Fund 3 $240,000 Subject to future Capital Budget amendment, if Hotel Development and Ground Lease Agreement is approved in Referendum. Total $700,000 Financial Impact Summary: N/A lmprove alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture. ente(ainment & tourism. Supporting Data (Surveys, E etc N/A Financial lnformation : -Offs: Department Director Assistant City Manager City II/nager MH Aq JLM/E- docxAmendment #8 - AGENDA '"" (1 DMIAMIBEACHD^rE /0-a/- ls224 MIAMIBEACH City of Miomi Beqch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members of City Com Jimmy L. Morales, City Manager October 21,2015 A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO THE PROFESSIONAL SERVIGES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP DATED OCTOBER 19,2011 FOR CONSULTING SERVIGES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER IN AN AMOUNT NOT TO EXCEED $7OO,OOO, !NCLUDING ALL REIMBURSABLE EXPENSES. ADM INISTRATION RECOMM ENDATION Adopt the Resolution. KEY INTENDED OUTCOME lmprove alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture, entertainment & tourism. FUNDING. Convention Center Expansion and Renovation Services: $300,000 is available from Miami Beach Redevelopment Agency Non-Trust Fund Special Revenue Account No. 165-2816-061357 and is included in the Convention Center Project Budget. o Convention Center Asset Management Services: $160,000 is available from the City's Resort Tax Fund, Account Number 160-4300-00031 2. o Convention Hotel City's Representative Services: $240,000 subject to future Capital Budget amendment, if the Hotel Development and Ground Lease Agreement is approved in Referendum. BACKGROUND On October 19, 2011, the City Commission authorized the Mayor and City Clerk to enter into an agreement with Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the Miami Beach Convention Center District, in an amount not to exceed $175,000. SAG's fees were exhausted upon completion of Phase I of RFQ No. 22-11l12, issued for the selection of qualified developers for a public- private mixed-use development including the expansion of the Miami Beach Convention Center and development of a Convention Center Hotel (Hotel). On February 6, 2013, and March 13,2013, the Commission authorized Amendments No. 1 and 2 to the SAG Agreement, respectively, for additional services relative to the 2012 RFQ, totaling $307,232. On February 12, 2014, lhe City Commission approved the issuance of RFQ 2014-142ME, for a Design Criteria Professional to prepare a Design Criteria Package for the Convention Center Renovation Project, and authorized the City Manager to negotiate and execute any additional contracts, as required, in order to expedite this process, including but not limited to additional amendments to the SAG Agreement. Amendments No. 3 and 4, totaling $548,900 were executed pursuant to this directive, for services through May 31,2015. TO: FROM: DATE: SUBJECT: 225 Strategic Advisory Group Consulting Servlces for the MBCC Expansion and Renovation Project October 21, 2015 Page 2 of 2 On September 10, 2014, lhe City Commission directed the Administration to prepare a traffic study related to the development of a Convention Center Headquarter Hotel and to prepare a schedule for the potential procurement of a hotel developer. Amendment No.S, for consulting services associated with these tasks was executed in an amount not to exceed $30,000. On December 18, 2014, the City Commission authorized the Mayor and City Clerk to execute Amendment No. 6 for consulting services relative to the procurement process of a hotel developer, for an amount not-to- exceed of $166,375. On May 20,2015, the City Commission authorized the Mayor and City Clerk to execute Amendment No. 7 for a notto exceed amountof $358,825, forconsulting services relative to: 1) SAG's extended convention center project services driven by the change to a construction manager at-risk project delivery method, including design oversight, construction manager oversight, construction manager guaranteed maximum price negotiations, cost estimating oversight, early bid package planning and oversight, bond funding / financing assistance, presentations, and City Commission approvals for the period beginning June 1 , 2015 through December 31, 2015; and 2) Asset management services to negotiate a performance-based contract with the Greater Miami Convention and Visitors Bureau, and to guide, monitor and oversee the transformation of the sales and marketing efforts, event and revenue focus, branding, and operating strategies of the new MBCC through March 31,2016. This Amendment No. 8 provides for: 1) an extension of SAG's Convention Center project services on a more limited basis through the construction period ending July 31 , 2018; 2) an extension of SAG's asset management services through March 31, 2017; and 3) if the Hotel Development and Ground Lease Agreement is approved in a special election, an extension of SAG's services related to Amendment 6 for consulting services relative to the convention center hotel. FEE AND SCHEDULE INFORMATION A copy of the SAG Amendment #8 is attached. SAG's hourly billing rates will remain at the same, reduced, level as approved in 2014. The fees and expenses in this Amendment shall not exceed $700,000: o Construction Period Services (January 1,2016 through July 31 ,2018) - Fees and expenses are not to exceed $300,000 ($10,000 per month on average over 30 months). . Asset Management Services (April 2016 - March 2017) - Fees and expenses are not to exceed $160,000 ($13,333 per month on average over 12 months). o Convention Hotel City's Representative Services (March 2016 - March 2019) - lf the Hotel Development and Ground Lease Agreement is approved in a special election, fees and expenses are not to exceed $240,000 ($6,667 per month on average over 36 months). CONC LUSION/RECOM M ENDATION The Administration recommends that the Mayor and City Commission adopt the attached Resolution approving and authorizing the Mayor and City Clerk to execute Amendment No. 8 to the professional services agreement between the City of Miami Beach and Strategic Advisory Group dated October 19, 2011 for consulting services relative to the expansion and enhancement of the Miami Beach Convention Center in an amount not to exceed $700,000, including all reimbursable expenses. Attachments: 1. Amendment No. 8 JLM / MH T:\AGENDA\201S\October\MBCC Oct 2'1\SAG Amendment\SAG Amendment #8 - MEMO.docx 226 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP DATED OCTOBER 19,2011 FOR CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER IN AN AMOUNT NOT TO EXCEED $7OO,OOO.OO, INCLUDING ALL REIMBURSABLE EXPENSES. WHEREAS, on October 19, 2011, the City Commission authorized the Mayorand City Clerk to enter into an Agreement with Strategic Advisory Group (SAG) for services relative to the expansion and enhancement of the Miami Beach Convention Center District, in an amount not to exceed $175,000; and WHEREAS, on January 11,2012, the City Commission authorized the issuance of Request for Qualifications No. 22-11112 for qualified developers for a public-private mixed-use development in Miami Beach for the enhancement of the MBCC district, including the expansion of the Miami Beach Convention Center and development of a Convention Center Hotel (the "2012 RFQ"); and WHEREAS, on February 6, 2013, and March 13, 2013, the Commission authorized Amendments No. 1 and 2 to the SAG Agreement, respectively, for additional services relative to the 2012 RFQ; WHEREAS, on January 15, 2014, the City Commission adopted Resolution No. 2014- 28479, canceling the 2012 RFQ and directing the Administration to prepare a new RFP or RFQ for design-build or design services for the renovation of the Convention Center, and further directing the Administration to identify potential sites for a Convention Center Headquarter Hotel; and WHEREAS, on February 12, 2014, the City Commission approved the issuance of RFQ 2014-142ME, for a Design Criteria Professional to prepare a Design Criteria Package for the Convention Center Renovation Project, and authorized the City Manager to negotiate and execute any additional contracts, as required, in order to expedite this process, including but not limited to additional amendments to the SAG Agreement; and WHEREAS, Amendments No. 3 and 4, totaling $548,900, were executed pursuant to the Commission's February 12,2014 directive, covering all of SAG's services from the beginning of the current design-build RFQ process through the anticipated selection of a Design-Builder in 2015 and execution of a Design-Build Agreement; and WHEREAS, on September 10, 2014the City Commission directed the Administration to work with the Greater Miami Convention and Visitors Bureau to create a performance-based contract that outlines specific goals, objectives and success measures for any future Convention Center marketing agreement; and 227 WHEREAS, Amendment No. 5, for consulting services associated with the development of a Convention Center Headquarter Hotel, was executed in an amount not to exceed $30,000; and WHEREAS, on December 18, 2014, the City Commission authorized the Mayor and City Clerk to execute Amendment No. 6 for the additional services associated with the procurement process of the hotel developer, in an amount not to exceed $166,375; and WHEREAS, on February 11,2015, the City Commission elected to re-bid the Project under a Construction Manager-at-Risk (CMAR) project delivery method; and WHEREAS, on May 20, 2015, the Commission authorized Amendment No. 7, which provides for SAG's continuing services related to the pre-construction phase services through December 31,2015, for a not to exceed amount of $198,825, and for asset management services to guide, monitor and oversee the transformation of the sales and marketing efforts, event and revenue focus, branding and operating strategies of the new Convention Center, for a not-to-exceed amount of $160,000; and WHEREAS, the proposed Amendment No. 8 provides for: 1) an extension of SAG's Convention Center project services on a more limited basis through the Construction Phase period ending July 31 , 2018; 2) an extension of SAG's asset management services through March 31, 2017; and 3) an extension of SAG's services related to Amendment 6 for consulting services relative to the Convention Center hotel development, if the referendum related to the Hotel Development and Ground Lease Agreement is approved in a special election on March 15, 2016; and WHEREAS, SAG's fees are based on time worked on the project multiplied by the hourly rates, which have been reduced from the rates approved in the originalAgreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Amendment No. 8 to the Professional Services Agreement between the City of Miami Beach and Strategic Advisory Group dated October 19,2011, for Consulting Services relative to the expansion and enhancement of the Miami Beach Convention Center, in an amount notto-exceed $700,000.00, including reim bursable expenses. PASSED and ADOPTED this day of October, 2015. Philip Levine, Mayor ATTESTED BY: APPNOVED A3 lU FORM &IANGUAGE IFOR EGCUIIOil Rafael E. Granado, City Clerk ru[rzlrfB- 228 St rate g i cAdvisoryG ro u p Amendment #8 PROFESSIONAL SERVICES AGREEMENT DATED OCTOBER 19,2011 BETWEEN THE CITY OF MIAMI BEACH AND STRATEGIC ADVISORY GROUP FOR CONSULTING SERVICES RELATIVE TO THE EXPANSION AND ENHANCEMENT OF THE MIAMI BEACH CONVENTION CENTER CAMPUS/DISTRICT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO 33-10/11 October 21,2015 The following amends Strategic Advisory Group's ("SAG") scope of services, professional fees, and Term pursuant to our agreement dated October 19, 2011 to provide consulting services relative to the expansion and enhancement of the Miami Beach Convention Center. ADDITIONAL SCOPE OF SERVICES SAG's scope of services shall be modified to include the following: 1. Gonstruction Period Services (January 1,2016 through July 31 ,2018) SAG shall assist the City with overseeing the construction of the project, including participation in weekly owner meetings via conference call, participation in owner meetings on-site once per month, assisting with overseeing owner responsibilities (FF&E, payment processing, etc.), assisting with dispute resolution, assisting with City Commission communication and reporting, and other areas as requested by the City. 2. Asset Management Services (April 1,2016 through March 31,2017) SAG shall extend the City-approved asset management services through March 31, 2017 under Amendment No. 7 to guide, monitor and oversee the transformation of the Convention Center's sales and marketing efforts, event and revenue focus, branding, and operating strategies. 3. Gonvention Hotel Gonsulting Services (March 16,2016 - March 31,2019) lf the Hotel Development and Ground Lease Agreement ("Lease") is approved in the special election, SAG shall continue to serve as the City's Project Consultant, to assist the City in complying with its obligations under the Lease and in 33-i8 Sair,tlnnes Court . J-,utn GA 3C096 . 16I3,54-+-0105 229 Strate g i cAdvisoryGroup monitoring the progress of the hotel pro1ect Such services shall include, but not be limited to, attending monthly project meetings in-person and weekly meetings via telephone; assisting with design approvals required by City in its proprietary capacity; reviewing and making recommendations related to compliance with the conditions precedent for City's delivery of possession of the site to the developer; assessing any lender requirements; reviewing the proposed hotel owners to ensure compliance with City's acceptable owner requirements; monitoring "in- balance" status (sources = uSeS) of the Project's development budget; reviewing and recommending approval of hotel financing; monitoring compliance with mandatory hotel project design elements; reviewing and assessing the proforma to be utilized for establishment of the additional rent hurdles; monitoring the hotel construction schedule; coordinating the hotel construction schedule with the Convention Center construction schedule; coordinating with The Fillmore Theater management company related to demolition and construction issues; monitoring compliance with meeting LEED certification goals; facilitating room block agreement requests/approvals and waivers; monitoring compliance with insurance requirements;, monitoring developer's compliance with art in public places funding requirements; drafting and presenting monthly reports to the City Manager, Mayor and City Commission. ADDITIONAL FEES Construction Period Services (January 1,2016 through July 31 ,2018) SAG's fees will be based on the time worked on the prolect multiplied by the hourly rates of $325 for Jeff Sachs and $250 for Tom Reifert. Fees and expenses are not to exceed $300,000 ($10,000 per month on average over 30 months). This provides for up to 28 hours of per month, on average, plus an allowance for travel expenses for the one trip per month. Construction Period Services shall not commence until the City has provided SAG with a written Notice to Proceed, which is anticipated to occur on or about December 15,2015. Asset Management Services (April 1,2016 through March 31,20171 SAG's fees will be billed at the same hourly rate as previously approved for Dan Fenton of $275 per hour and $100 for Bethany Parker. Fees and expenses are not to exceed $160,000 ($13,333 per month on average over 12 months). This provides for up to 40 hours per month, on average, plus an allowance for travel expenses for one trip per month. Convention Hotel Gonsulting Services (March 16,2016 - March 31,2019) SAG's fees will be based on the time worked on the project multiplied by the hourly rates of $325 for Jeff Sachs and $250 for Tom Reifert. Fees and 1. 2. 3. 230 Strate g i cAdvisoryGroup expenses are not to exceed $300,000. Amendment 6 related to hotel services is $60,000 under budget, therefore only an additional $240,000 will be added to the contract total. Convention Hotel Consulting Services shall not commence unless the Hotel Development and Ground Lease Agreement is approved in a special election and the City has provided SAG with a written Notice to Proceed. Avg. Monthly Months Fee & Expense Total Design/Finance Period 12 $15,000 $180,000 Construction Period 24 $5,000 120,000 Subtotal Amount Remaining from Amendment 6 Additional Fee 300,000 -60,000 _$49p9q 4. Fees and expenses for all services in this Amendment shall not exceed $700,000. TERM This Amendment shall begin on January 1,2016 and end on March 31,2019. lN WITNESS WHEREOF, the parties by their duly authorized representatives have caused this Subcontract Agreement to be executed as of the date first written above. CITY OF MIAMI BEACH, FLORIDA ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor STRATEGIC ADVISORY GROUP LLC ATTEST: Jeffrey Sachs, Managing Partner By: By: APPRO\CDASTO FORM & I.ANGUAGE IFOR EXECUTIO{ Thomas Reifert, Principal 231 R7 - Resolutions R7E A Resolution Accepting The Recommendation Of The City's Finance And Citywide Projects Committee, And Waiving, By A sfith Vote, The Competitive Bidding Requirement ln Section 82-39(a) Of The City Code, Finding Such Waiver To Be ln The Best lnterest Of The City; Further Waiving, By A 5/7th Vote, The Appraisal Requirement ln Section 82-39(b) Of The City Code, Finding Such Waiver To Be ln The Best lnterest Of The City; And Approving, Upon First Reading Of This Resolution, A Ground Lease Agreement, Substantially ln The Form Attached To This Resolution, Between The City (Owner Or Landlord) And The Sabrina Cohen Foundation (Tenant), ln Connection With The Use Of 5,100 Square Feet Of City-Owned Land, Located At Allison Park, Having A Street Address O'f 6475 Collins Avenue (Premises), For A Term Of Ninety-Nine (99) Years With No Renewal Options; And Further Setting The Second And Final Reading And Public Hearing Of The Lease, As Required Pursuant To Section 82-37(a)(2) Of The City Code, For A Time Certain On December 9, 2015. First Readinq (Sponsored by Commissioner Joy Malakoff) (Legislative Tracking: Offlce of the City Attorney/Parks & Recreation/Public Works) (ltem to be Submitted in Supplemental) Agenda ltem R? E Date l7-Zl-tS232 THIS PAGE INTENTIONALLY LEFT BLANK 233 COMMISSION ITEM SUMMARY Condensed Titlel A Resolution Authorizing The City Manager To Exercise Two (2) One (1) Year Renewal Terms Of The Agreement Between The City And Spectra Management Group For The Operation, Management, Maintenance, Promotion And Marketing Of The Miami Beach Convention Center And Colony Theatre; Waiving, By 517"' Vote, The Competitive Bidding Requirement Pursuant To Section 2-367 _Of The City Code ForThe Limited Purpose Of Approving An AdditionalTwo (2) Year RenewalTerm And Finding Such Waiver To Be ln The Best lnterest Of The City; And Authorizing The Mayor And City Clerk To Execute Amendment No. 2 Of Said Agreement, With Said Agreement Having A Term Commencing On October 1, 2016. And Endino On 30.2020. The2014 Community Satisfaction Survey indicated that 64% of residents feel tourism add to their quality of life and 39% of business owners feel the Convention Center adds to their business. Item Summary/Recommendation: On July 17 ,2013, the Mayor and City Commission adopted Resolution No. 2013-28276, waiving by vote, the competitive bidding requirement finding such waiver to be in the best interest of the City, and authorizing the City and Global to negotiate and execute a new Management Agreement. Subsequently, the Administration entered into an agreementwith Global Spectrum with an initial term that commenced on October 1, 2013 through September 30, 2016. The Agreement includes two (2) additional one (1) year renewal options at the City's sole and absolute discretion. ln April 2015, Comcast Spectacor, the parent company of Global Spectrum, realigned their venue management, food services and hospitality, ticketing, and digital services under a singular, unified brand: Spectra. ln light of the impending convention center renovation and expansion project, the Administration began discussing a contract extension with Spectra in order to maintain continuity through the renovation. The City and Spectra have negotiated the following: o The City exercises the remaining two (2) years on the Management Agreement and extends the Agreement for an additional two (2) years. This ensures continuity of management into a fully operational year post-renovation. This term also aligns with that of the proposed GMCVB agreement and creates incentive for both entities to maximize revenue opportunities for the immediate period after renovation.. The City and Spectra agree to keep the existing financial structure of the current Management Agreement. The current agreement also includes a Performance Guarantee, if not achieved, that reduces the earned incentive by up to 50% if the net operating revenue varies unfavorably from budget by more than $50,000. Due to the uncertainty of operating climate during renovation and anticipated impact on revenue, Spectra and the City have agreed to delete this clause from the agreement. The City Administration recommends eliminating the Performance Guarantee because Spectra have agreed to keep all other terms and conditions the same. Furthermore, the Administration also recommends exercising the remaining two (2) renewal options and waiving competitive bidding to add an additional 2 years, which extends the Agreement through September 30,2020. This ensures continuity of management into a fully operational Financial lnformation: $262,691 Base Mgmt Fee, plus an incentive fee potentially equaling up to 100% ofthe Base Fee. Convention Center Enterprise Fund 440-0442-000354 and Colony Theater General Fund nt 01 1.0383 / 000354. Financial Clerk's Office structure of the Spectrum Convention Center Mgmt Agmt SUMMARY.doc reement remain the same. Rtr Max Sklar, ext. 6116 E MIAMIBEACH D^rE lo -2/-lY234 g MIAMI BEACH City of Miomi Beoch, 1700 Convention Cenier Drive, Miomi Beoch, Florido 33 ,l39, www.miomibeochfl.gov COMMISSI MEMORANDUM TO:Mayor Philip Levine and Members of the City FRoM: Jimmy L. Morales, City Manager DATE: October 21, 2015 SUBJECT: A RESOLUTION OF THE MAYDR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FI,ORIDA, AUTHORIZING THE CITY MANAGER TO EXERCTSE TWO (2) ONE (1) YEAR RENEWAL TERMS OF THE AGREEMENT BETWEEN THE CITY AND SPECTRA MANAGEMENT GROUP FOR THE OPERATION, MANAGEMENT, MAINTENANCE, PROMOTION AND MARKETING OF THE MIAMI BEACH CONVENTION CENTER AND COLONY THEATRE; WAIVING, BY SNTH VOTE, THE COMPETITTVE BIDDING REQUIREMENT PURSUANT TO SECTION 2.367-OF THE CITY CODE FOR THE LTMTTED PURPOSE OF APPROVTNG AN ADDTTTONAL TWO (2) YEAR RENEWAL TERM AND FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 OF SAID AGREEMENT, WITH SAID AGREEMENT HAVING A TERM COMMENCING ON OCTOBER 1, 2016, AND ENDING ON SEPTEMBER 30,2020. ADMINISTRATION RECOMMENDATION Adopt the Resolution. CONTRACT FUNDING Funding is available from Convention Center Enterprise Fund, which funds the operation of the Miami Beach Convention Center.. $262,691 per year, escalating by Consumer Price lndex - All Urban Consumers (CP|-U) - U.S. City Average, but not to exceed (capped at) 3o/o. Management fee will be allocated to each facility as follows:o Miami Beach Convention Center: $245,991o Colony Theater: $16,700 Funding is provided to the City by Spectra, per contract as follows:. Scholarship contribution = $ 15,000 (annually). Senior Dances BACKGROUND On September '10, 2008, the City Commission approved Resolution No. 2008-26888 which approved an agreement between the City and Global Spectrum, L.P. for the Management of the Miami Beach Convention Center, Colony Theater, and Byron Carlyle Theater. The Agreement was for an initial three (3) year term commencing on October 1, 2008, and ending on September 30, 2011, with two (2) one-year renewal options, exercisable with ninety (90) days prior written notice, at the sole and absolute discretion of the City. Please note that on April 15, 2011, the City terminated Global Spectrum's rights and responsibilities with respect to the = $ 25,000 (annual estimate) 235 Convention Center Management Agreement City Commission Meeting October 21, 201 5 Page 2 of 4 operation and management of the Byron Carlyle Theater following the City Commission's approval of a management agreement with Broward Stage Door Theater. On September 14, 2011, the City Commission adopted Resolution No. 201 1-27728 extending the Management Agreement for an additional two (2) years. On July 17,2013, the Mayor and City Commission adopted Resolution No. 2013-28276, waiving by 5/7th'vote, the competitive bidding requirement finding such waiver to be in the best interest of the City, and authorizing the City and Global to negotiate and execute a new Management Agreement. Subsequently, the Administration entered into an agreement with Global Spectrum with an initial term that commenced on October 1,2013 through September 30, 2016. The Agreement includes two (2) additional one (1) year renewal options at the City's sole and absolute discretion. ln April 2015, Comcast Spectacor, the parent company of Global Spectrum, realigned their venue management, food services and hospitality, ticketing, and digital services under a singular, unified brand: Spectra. ln the current fiscal year (FY 14115) Spectra is projected to improve Net Operating lncome by more than $500,000. This was accomplished while also maintaining or improving customer service and facility maintenance standards. During this time period, Spectra also played a key role in drafting an Amended and Restated Convention Center Booking Policy and helped to move it through the approval process with all stakeholders. Spectra has also assisted with GMCVB contract negotiations and has been instrumental in the Convention Center renovation project ensuring the project meets all operational requirement for facility users. They also successfully negotiated new license agreements or termination agreements with Art Basel in Miami Beach, Miami lnternational Boat Show and INDA. These were particularly challenging negotiations due to the phasing plan and construction schedule for the renovation project. The following reflects the payments to and from Spectra since they first started managing the Center. Orioinal Aoreement Current Aqreement Payment to Soectra Actual Actual Actual Actua!Actual Actual Proiected 2008/09 2009/10 2010t11 2011t12 2012113 2013t14 2014t15 MBCC $ 241.600.00 $ 241.600.00 $ 244.257.60 $ 251,585.28 s 256.617.00 $ 241.599.96 s 245.707.20 Colony $ 16,700.00 $ 16.700.00 $ 16,883.70 $ 17.390.21 $ 17.738.04 $ 16.700.04 $ 16.983.96 Byron $ 16,700.00 $ 16,700.00 $ 9,848.86 lncentive"***s 148.500.00 s 140.250.00 $ 248,802.33 $ 252.111.00 $ 90,405.00 $ 121 .000.00 Total $ 423.500.00 s 415.250.00 $ 270.990.16 $ 517.777.82 $ 526,465.04 $ 348,705.00 $ 383,691.16 Pavment to CMB Performance Guarantee s 76.897.00 $ 646.334.69 Caoital s 375.000.00 $ 200,00.00 Scholarshio $ 12.500.00 $ 12.500.00 $ 12.500.00 $ 12.500.00 $ 12.000.00 s 15.000_00 s 15.000.00 Senior Dances $ 10,923.00 $ 15.685.00 s 18.128.00 $ 29.799.00 s 23.228.OO Total $ 454,397.00 $ 12,s00.00 $ 669,757.69 28,185.00 $ 30,628.00 $ 244.799 $ 38.228.00 236 Convention Center Management Agreement City Com mission Meeti ng October 21, 201 5 Page 3 of 4 ANALYSIS ln light of the impending convention center renovation and expansion project, the Administration began discussing a contract extension with Spectra in order to maintain continuity through the renovation. The City and Spectra have negotiated the following: . The City exercises the remaining two (2) years on the Management Agreement and extends the Agreement for an additional two (2) years. This ensures continuity of management into a fully operational year post-renovation. This term also aligns with that of the proposed GMCVB agreement and creates incentive for both entities to maximize revenue opportunities for the immediate period after renovationo The City and Spectra agree to keep the existing financial structure of the current Management Agreement.. Base Management Fee: Current fee of $262,691 will be adjusted by the change in CPI starting September 1,2015 and in all subsequent years.. lncentive Fees: No change from the current agreemento "':"'fi:3'!1T::J";,:!:"-,?hTjSTffi;fl,"#?:il,i8 ",, ten areas (up to 2.5 each) Up to 5 percentage points based on survey return rates. Must get minimum return rate of 55% to earn any points.o'''1"'fl io",Hy.T.:,",lll#rtT'l"",li,i,Tjia??T11ffi l',t;:,,..anypointso Maintenance and lmprovement of Facility and Capital Equipment- Up to 15o/o of base management feeo Discretionary - Up to 5o/o of base management fee. Performance Guarantee: The current agreement provides for a reduction of earned incentives (up to a max of 50%), in the event that net building operating income varies unfavorably from budget by greater than $50,000 (adjusted for circumstances outside the control of Spectra). Due to the uncertainty of operating climate during renovation, Spectra and the City have agreed to delete this clause from the agreement. As you can see, fifty percent (50%) of the lncentive Criteria requires Spectra to generate at least $17 million in gross operating revenue, which remains unchanged from the current agreement. However, during construction the number of events taking place in the Convention Center has been reduced and Spectra is not able to book additional events. They are currently projecting gross revenue during construction to be between $6 million and $9 million depending on the year. Therefore, they will not generate near $17 million in gross revenue or have the ability to earn 50% of the potential incentive. The current agreement also includes a Performance Guarantee, if not achieved, that reduces the earned incentive by up to 50% if the net operating revenue varies unfavorably from budget by more than $50,000. The City Administration recommends eliminating the Performance Guarantee because Spectra have agreed to keep all other terms and conditions the same. Furthermore, the Administration also recommends exercising the remaining two (2) renewal options and waiving competitive bidding to add an additional 2 years, which extends the Agreement through September 30, 2020. This ensures continuity of management into a fully operational year post-renovation. 237 Convention Center Management Agreement City Com mrssion M eeti ng October 21, 2015 Page 4 of 4 CONCLUS!ON The Administration recommends authorizing the City to exercise the remaining two (2) renewal options and waiving competitive bidding to add an additional 2 years, which extends the Agreement through September 30, 2020 of the agreement between the City and Global Spectrum, for the operation, management, maintenance, promotion and marketing of the Miami 238 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXERCTSE TWO (2) ONE (1) YEAR RENEWAL TERMS OF THE AGREEMENT BETWEEN THE CITY AND GLOBAL SPECTRUM, L.P. ("GLOBAL") FOR THE OPERATION, MANAGEMENT, MAINTENANCE, PROMOTION AND MARKETING OF THE MIAMI BEACH CONVENTION CENTER AND COLONY THEATRE; WAIVING, BY \NTH VOTE, THE COMPETITIVE BIDDING REQUIREMENT PURSUANT TO SECTION 2-367 OF THE CITY CODE, FOR THE LIMITED PURPOSE OF APPROVING AN ADDTTTONAL TWO (2) YEAR RENEWAL TERM, AND FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE GITY; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2 OF SAID AGREEMENT, WITH SAID AGREEMENT HAVING A TERM GOMMENCING ON OCTOBER 1 ,2016, AND ENDING ON SEPTEMBER 30,2020. WHEREAS on September 10, 2008, the City Commission approved Resolution No. 2008-26888, which approved a Management Agreement between the City and Global Spectrum, L.P. ("Global") for the Management of the Miami Beach Convention Center, Colony Theater, and Byron Carlyle Theater (the "Management Agreement"); and WHEREAS, on July 17 ,2013, the Mayor and City Commission adopted Resolution No. 2013-28276, authorizing the City and Global to negotiate and execute a new Management Agreement; and WHEREAS, subsequently, the Administration entered into an agreement with Global with an initialterm that commenced on October 1,2013 through September30,2016. The Agreement includes two (2) additional one (1) renewaloptions atthe City sole and absolute discretion; and WHEREAS, City is currently proceeding with the Miami Beach Renovation and Expansion Project("MBCC Project"), and construction of the MBCC Projectwillreducethe availability of the Convention Centerfor events from December 15,2015 through June 30, 2018, thereby limiting Global's ability to generate revenues under the Management Agreement; and WHEREAS, in April 2015, Comcast Spectacor, the parent company of Global, realigned its venue management, food services and hospitality, ticketing, and digital services under a unified brand now known as "Spectra Management Group"; and WHEREAS, the Administration recommends that the City exercise the remaining two (2) one-year renewal options under the Management Agreement; and WHEREAS, in view of the construction of the MBCC Project, the Administration further recommends waiverof the City's competitive bidding requirements of Section2-367 of the City Code, for the limited purpose of authorizing an additional extension of the Management Agreement for a two-year period, as it is in the best interests of the City to 239 extend the Management Agreement through September 30,2020 to ensure continuity of management of the Convention Center into a fully operational year following completion of the MBCC Project; and WHEREAS, the Administration recommends that the City Commission adopt the attached Amendment to the Management Agreement with Global for the operation, management maintenance, promotion and marketing of the Miami Beach Convention Center. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager to exercise two (2) one (1) year renewal terms of the Agreement between the City and Global Spectrum, L.P. ("Global") for the operation, management, maintenance, promotion and marketing of the Miami Beach Convention Center and Colony Theatre; waiving, by 5l7tn vote, the competitive bidding requirement pursuant to Section 2-367 of the City Code, for the limited purpose of approving an additional two (2) year Renewal Term, and finding such waiver to be in the best interests of the City; and authorizing the Mayor and City Clerk to execute Amendment No. 2 of said agreement, with said agreement having a term commencing on October 1, 2016, and ending on September 30,2020. PASSED and ADOPTED this day of ,2015. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk APPRO/ED AS TO FORM & I-ANGUAGE & FOR D(ECITNON t0-q-9 CltyAtbne, /iAf T:\AGENDA\201S\OctobeATCED\October 21\Global Spectrum Convention Center Mgmt Agmt RESO.doc 240 AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND GLOBAL SPECTRUM L.P. FOR THE MIAMI BEACH CONVENTION CENTER AND COLONY THEATER This Amendment No. 1 to the Management Agreement, is made and entered into this day of 2015, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City), and GLOBAL SPEGTRUM, L.P., a Delaware limited partnership, whose current address is 3601 S. Broad Street, Philadelphia, PA 1 I 1 48-5290 ("G loba l"). RECITALS WHEREAS, the City and Global are parties to a Management Agreement, dated October 7,2013, pursuant to which the City engaged Global to manage and operate the Miami Beach Convention Center and Colony Theater; (the Management Agreement, as so amended and modified, is referred to herein as the "Agreement"); and WHEREAS, the initial term of the Agreement was three (3) years, ending on September 30, 2016, subject to the City's right to extend the term for an additional two (2) years; and WHEREAS, the City desires to exercise its right to extend the term of the Agreement for an additional two (2) years, commencing on October 1,2016, and ending on September 30, 2018, and the City desires to extend the term of the Agreement for an additional two (2) years, commencing on October 1, 2018, and ending on September 30, 2020, subject to making further amendments to the Agreement as described herein, and Global desires to accept such amendments and extension of the term as provided herein; and WHEREAS, capitalized terms used herein and not defined herein shall have the meaning given to such terms in the Agreement. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements herein contained, and other good and valuable consideration, in receipt and adequacy of which are hereby acknowledged and intending to be legally bound, the City and Global hereby amend the Agreement as follows: 1. The aforestated recitals are true and correct and incorporated by reference herein. 2. Pursuant to Section 3.2 of the Agreement, the City hereby exercises its right to extend the Term for an additional two (2) year period (a "Renewal Term"), with such Renewal Term commencing on October 1, 2016, and ending on September 30,2018. Global hereby accepts such extension, and the parties hereby confirm that the Renewal Term shall commence on October 1, 2016, and end on September 30, 2018. 3. The City hereby extends the Term for an additional two (2) year period (the "2018 Renewal Term") with such 2018 Renewal Term commencing on October 1, 2018, and ending on September 30, 2020. Global hereby accepts such 241 extension, and the parties herebyconfirm thatthe 2018 Renewal Term shall commence on October 1, 2018, and end on September 30, 2020. 4. Effective upon execution hereof, Section 8.4(b) of the Agreement, regarding Performance Guarantees, is deleted in its entirety, as follows:: _(g) fer any eentr e prejeeted in the Appreved Budget; if the aetuat Net Operating Prefit aehieved fer sueh year is mere than $50;000 less than the Net Operating tess aehieved fer sueh year is mere than $5S000 greater than the Net Operating tess prejeeted in the Appreved Budget; then the lneentive Fee earned by Glebal fer sueh Centraet Year shall be redueed furpeses et tnis s Year, shall mean either (i) if the Appreved Budget refleets a prejeeted Net Operating Prefit, the ameunt by whieh the Net Operating Prefit preieeteO in tne nppr preiected Net Oper in sueh year, The "Cap" shall mean fifty pereent (50%) ef the lneentive Fee aetually earned by Glebal in the applieable eentraet Year, Netwithstanding the feregeing, the lneentive Fee shall net be redueed te the extent Glebal's failure te aehieve the applieable benehmark is due te ieu+e eperating er malntenanee requirements impesed by the City after 5. No Further Modifications. Except as provided in this Amendment No. 2, the Agreement remains unmodified and in full force and effect. All references to the Agreement in the Agreement or in any other document referencing the Agreement shall be deemed to refer to the Agreement as amended hereby. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) 242 IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto as of the day and year first above written. ATTEST:CITY OF MIAMI BEACH, FLORIDA Rafael E. Granado, City Clerk Philip Levine, Mayor GLOBAL SPEGTRUM, L.P. ATTEST: Chief Operating Officer Secretary Print Name APPRO'ED AS TO FORM & I.ANGUAGE &FOR E)(ECUTION MolnksCryAbncy r${ ene 243 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving An Agreement Between The City And The Greater Miami Convention And Visitors Bureau (GMCVB), Which Agreement Shall Be For A Five (5) Year lnitial Term, Commencing Retroactively On October 1, 2015, And Endinq On September 30, 2020 Attached As Exhibit "A". The City has been contracting with the Greater Miami Convention and Visitor's Bureau (GMCVB) since 1984 for the purpose of promoting the Miami Beach Convention Center and the destination. The GMCVB is the entity primarily responsible for pursuing and securing Convention business for the Convention Center, with the Convention Center management company also responsible for pursuing booking business, which typically includes shorter term uses. On September 24,2009, the City Commission adopted Resolution No. 2OOg- 27217 approving a new five (5) year agreement commencing on October 1, 2009, and ending on September 30, 2014. ln anticipation of the expiration of the GMCVB agreement, the City contracted with Strategic Advisory Group (SAG) to assist the City in analyzing the current GMCVB agreement and recommend revisions. Although the prior agreement with the GMCVB did include performance goals, those goals were generally static and the fee earned by the GMCVB was not tied to performance. SAG's primary recommendation is to change the overall direction of the GMCVB contract with the City to a performance based agreement from a fee for services approach. This new direction focuses on the achievement of key metrics and the overall measureable success of GMCVB in their contractual relationship with the City. As part of this recommendation, the City would establish a base fee and establish an incentive fee to be paid based on the overall achievement of agreed-upon annual performance goals. On September 10, 2014, the City Commission adopted Resolution No. 2014-28745, which accepted the recommendations of the Finance And Citywide Projects Committee to extend the lnterlocal Agreement with The Greater Miami Convention And Visitors Bureau (GMCVB) on a month-to-month basis under the current contracted terms, but notto exceed one (1) yearfrom September 30,2014; forthe CityAdministration to re- negotiate an incentive based agreement that establishes a base fee and an incentive fee to be paid based on the overall achievement of annual performance goals; and further that funding to the GMCVB remain at the current level of $5,366,000; and that the city hire an owner's representative in an amount not to exceed $161,000 at the City Manager's discretion. Following the September 10,2014 City Commission action, the Administration, SAG and the GMCVB embarked on an extensive joint goal setting process, which included the participation of the hospitality industry. This process resulted in agreed upon recommendations and goals for the new Agreement. lmplementation of these recommendations has already commenced. These goals will be reviewed through the established annual goal setting process and will be adjusted based on actual market conditions annually. The proposed new lnterlocalAgreement is attached at Exhibit "A". AGENDA nen R7 G Maximize The Miami Beach Brand as a World Class Destination Supporting Data (Surveys, Environmental Scan, etc.): A majority of residents of Miami Beach (64%) believed that tourism adds to the quality of life in Miami Beach according to the 2014 Community Satisfaction Survey. This figure was down slightly from 2009 (69%) and2012 (70o/o). About one in five residents (19%) claimed that tourism detracted from qualitv of life with results The Financeand Citywide Projects Committee considered this item at their January, ?J:cirlJebrua1r2, 2015, March 2,2015, and April8,2015 meetinqs. r"rrro./z&.c Financiallmpact $ 5,369,243 Resort Tax Account 1 60.4300.000353 Max Sklar, ext. 6116 21\GMCVB 2015 Agreement Suinm.doc E MIAMIBEACH DATE244 g MIAMIBEACH City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.1 39, www.miomibeochfl.gov COMMISSION MEMORANDUM To: Honorable Mayor Philip Levine Members of FROM: Jimmy L. Morales, City Manager DATE: October 21,2015 SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF M!AM! BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY AND THE GREATER MIAMI CONVENTION AND VIS|TORS BUREAU (GMCVB), WHtcH AGREEMENT SHALL BE FOR A FIVE (5) YEAR tNtTlAL TERM, COMMENCTNG RETROACTIVELYON OCTOBER 1,2015,AND ENDING ON SEPTEMBER 30,2O2O ATTACHED AS EXHIBIT "A". FUNDING Funding is available in Resort Tax Account 160.4300.000353 ADMINISTRATION RECOMMEN DATION The Administration recommends approving an agreement between the City and the Greater Miami Convention and Visitors Bureau (GMCVB), which agreement shall be for a five (5) year term, commencing retroactively on October 1, 2015, and ending on September 30, 2020 atlached as Exhibit "A". BACKGROUND The City has been contracting with the Greater Miami Convention and Visitor's Bureau (GMCVB) since 1984 for the purpose of promoting the Miami Beach Convention Center and the destination. The GMCVB is the entity primarily responsible for pursuing and securing Convention business for the Convention Center, with the Convention Center management company also responsible for pursuing booking business, which typically includes shorter term uses. A booking policy governs priority of bookings. The GMCVB also engages in local, nationaland international marketing of the overall destination in an effort to promote tourism. The goal of both the convention booking and destination marketing is to secure hotel room nights in the City, and further enhance the City's tourism economy. Funding for the City's Agreement with the GMCVB is derived from the Municipal Resort Tax revenue. The GMCVB derives additionalfunding from Miami-Dade County, Village of Bal Harbour, member fees and cooperative marketing partnerships. The GMCVB's activities are focused primarily in marketing and convention sales/meeting sales. ln 1984, the City of Miami Beach (CMB), Miami Dade County, the City of Miami and the Village of Bal Harbour, entered into an lnterlocalAgreementwith the Greater MiamiConvention and Visitor's Bureau to perform tourism and convention sales and promotion functions. On July 7, 199g the Mayor and City Commission adopted Resolution No. 99-23237 approving an agreement with the GMCVB for an initial term commencing on Octob er 1 , 1999 and ending on September 30, 2002 with one, two (2) year renewal option, at the City's discretion. On December 8, 2004, the City Commission adopted Resolution No. 2004-25767 which approved an agreement with the GMCVB 245 GMCVB Agreement City Commission Meeting October 21,2015 Page 2 of 5 for five (5) years from October 1,2004 - September 30, 2009. On July 7,2009, the Finance and Citywide Projects Committee directed theAdministration to negotiate a newfive (5) yearagreement with the GMCVB. On September 24,2009, the City Commission adopted Resolution No. 2009- 27217 approving a new five (5) year agreement commencing on October 1 , 2009, and ending on September 30,2014. NEW AGREEMENT ln anticipation of the expiration of the GMCVB agreement, the City contracted with Strategic Advisory Group (SAG) to assist the City in analyzing the current GMCVB agreement and recommend revisions. As you know, SAG is the City's consultant for the Convention Center Renovation Project. ln addition to these services SAG also has destination marketing experience. Mr. Daniel Fenton, Associate Partner with SAG, has over 25 years of Hospitality and Destination Marketing experience. Prior to joining SAG, Mr. Fenton was CEO of the San Jose Convention and Visitors Bureau, a past chair of Destination Marketing Association lnternational (DMAI), and has held senior management positions with Radisson, Amfac and Hyatt Hotels. He is a graduate of the Cornell School of Hospitality Management. Mr. Fenton specifically performed the following services for the City: 1. Reviewed and analyzed the current GMCVB agreement; 1. Reviewed historical bookings and recommended future production goals and goal setting process; 2. Reviewed proposed Term Sheet by GMCVB; 3. Reviewed budget information from CMB and Bureau including summarydata on key measures from the past three to five years; 4. Reviewed hotel inventory data for Miami Beach and the Greater Miami area, including trends in transient occupancy tax collections; and 5. Conducted interviews with stakeholders including City staff, and multiple interviews with key staff of the Convention Center. 6. This research effort established industry standards, as well as suggest alternative strategies that are currently working well in other locations (along with lessons learned from failed experiments elsewhere). 7. ldentifying opportunities to refine approach to guiding future performance; and 8. Proposing revisions to current GMCVB agreement. SAG RECOMMENDATIONS Although the prior agreement with the GMCVB did include performance goals, those goals were generally static and the fee earned by the GMCVB was not tied to performance. SAG's primary recommendation is to change the overall direction of the GMCVB contract with the City to a performance based agreement from a fee for services approach. This new direction focuses on the achievement of key metrics and the overall measureable success of GMCVB in their contractual 246 GMCVB Agreement City Commission Meeting October 21,2015 Page 3 of 5 relationship with the City. SAG also recommended a performance management approach that is collaborative with clarity on how performance will be monitored. As part of this recommendation, the City would establish a base fee and establish an incentive fee to be paid based on the overall achievement of agreed-upon annual performance goals. On July 18,2014 this item was brought to Finance and Citywide Projects Committee meeting. The committee made no recommendation and moved the item to the August 13,2014 Budget meeting and then to the September 10, 2014 Commission meeting for final discussion. On September 10, 2014, the City Commission adopted Resolution No. 2014-28745, which accepted the recommendations of the Finance And Citywide Projects Committee to extend the lnterlocal Agreementwith The Greater Miami ConventionAnd Visitors Bureau (GMCVB) on a month-to-month basis underthe current contracted terms, but notto exceed one (1) yearfrom September 30,2014; for the City Administration to re-negotiate an incentive based agreement that establishes a base fee and an incentive fee to be paid based on the overall achievement of annual performance goals; and further that funding to the GMCVB remain at the current level of $5,366,000; and that the city hire an owner's representative in an amount not to exceed $161,000 at the City Manage/s discretion. ANALYSIS Goal Setting Process Following the September 10, 2014 Clty Commission action, the Administration, SAG and the GMCVB embarked on an extensive joint goal setting pro@ss, which included the participation of the hospitality industry, specifically the Fontainebleau Hotel, Loews Hotels, Marriot Hotels, Goldman Properties, Kimpton Hotels, Johnson and Wales University and the Convention Center manager (Spectra Management Group). This was a collaborative approach that included the following: o Current activity reviewo Hotel room block analysis. Convention center calendar analysis. GMCVB sales data analysiso Meeting planner feedback. Monthly sales meetingso Analysis of available group market. Goal setting - five year projection o Priority one (1) and two (2) goals o Miami beach "in-hotel" group goals o Convention center revenue goals o Leisure goals. Recommendations. Performance management process Recommendations This process resulted in the following recommendations and agreed upon goals: . Market Developmento ldentify the "Top Ten" marketso lnitiate a prospecting and qualification plan . Opportunity to Focus 247 GMCVB Agreement City Commission Meeting October 21,2015 Page 4 of 5 o Redeployment of the GMCVB sales team - dedicated sales team - market focused o Development of a joint marketing plan by GMCVB and Spectrao Development of a new campaign and brand initiativeo Creation of a Miami Beach sales and marketing budgeto Permanent dedicated GMCVB sales offices at MBCC. Participation, Collaboration and Reporting o Continuation of monthly sales meetingso Development of reports that give a comprehensive overview of the year to date results and sales activity o Development of reports that identify the results by sales manager as well as by identified priority market segmentso lmplementation of the TAP report (or similar) o Creating software accessibility. Goal Setting o Develop an annual calendar for the goal setting process o lncorporate a review and approval process that includes the internal teams, senior MBCC, City leadership, and the hotel industry and is finalized by the City Manager lmplementation of these recommendations has already commenced and some of them are completed and many are well underway. Furthermore, attached as Exhibit "A" are the agreed upon annual goals for the GMCVB. These goals will be reviewed annually through the established annual goal setting process and will be adjusted based on actual market conditions in collaboration with the goal setting stakeholder group. INTERLOCAL AGREEMENT TERMS . Base Term: Five (5) year Agreement. RenewalTerm: Five (5) years based on achievement of performance metricso Base Fee (Year 1): $5,369,243o Base Fee (Year 2 - 5): $4,700,000o Base Fee (effective year 2) will be adjusted up or down, indexed, with the overall growth or reduction of the municipal resort tax collections annually.o lncentive Fee: GMCVB may earn an additional $1,500,000 based on ability to achieve performance objectives. o lncentive prorated beginning with 85% up to 130%o PerformanceManagement: o The performance metrics will be monitored using a scale where lOOo/o achievement ind icates satisfactory performance. o lf GMCVB falls below 85% in one of the designated metrics above over a six month time frame, this may be considered as non-performance of the contract.o lf the GMCVB does not "cure" the non-performance metric in ninety days, the city will have the right to terminate the agreement and or reallocate specific funding.o Performance will be monitored by reviewing definite bookings and overall sales activity. lf sales activity is deemed to be below the amount needed to achieve the booking goals, this may be considered as non-performance.. Annua! Goal Setting Process: New goal setting process is collaborative and includes industry engagement. 248 GMCVB Agreement City Commission Meeting October 21,2015 Page 5 of 5 FINANCE AND CITYWIDE PROJECTS COMMITTEE The Finance and Citywide Projects Committee considered this item at their January, 7,2015, February 2, 2015, March 2, 2015, and April 8, 2015 meetings. During those meetings the Committee received presentations on the GMCVB's marketing and public relations programs, financial performance, new performance standards and proposed terms for the new agreement. CONCLUSION The attached Agreement represents the culmination of negotiations with the GMCVB and the Administration recommends approving an agreement between the City and the Greater Miami Convention And Visitors Bureau (GMCVB), which agreement shall be for a five (5) year term, commencing retroactively on October 1, 2015, and ending on September 30, 2Q20 altached as Exhibit "A". I JLM/KGB/il|& T:\AGENDAIflf\October\TCED\October 21 \cMCVB 201 5 Agreement Memo.doc 249 RESOLUTION NO.2015. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE GREATER MIAMI CONVENTION AND vlstToRs BUREAU (GMGVB), !N THE FORM ATTACHED TO THIS RESOLUTTON, W|TH SAID AGREEMENT HAVTNG A FIVE (5) YEAR INITIAL TERM, COMMENCING RETROACTIVELY ON OCTOBER 1, 2015, AND ENDING ON SEPTEMBER 30, 2020. WHEREAS, the City has been contracting with the Greater Miami Convention and Visitor's Bureau ("GMCVB") since 1984 for the purpose of promoting the Miami Beach Convention Center ("Convention Center") and Miami Beach; and WHEREAS, the GMCVB is the entity primarily responsible for pursuing and securing convention business for the Convention Center, as the Convention Center management company, Global Spectrum, LP, also pursues booking business, but typically those involving shorter term uses; and WHEREAS, on September 24,2009, the City Commission adopted Resolution No. 2009-27217 approving a five (5) year agreement commencing on October 1, 2009, and ending on September 30,2014; and WHEREAS, the City engaged Strategic Advisory Group (SAG) to assist the City in analyzing the current GMCVB agreement and to recommend revisions which would change the overall direction of the proposed terms to a performance-based agreement with a fee for services approach, whereby the City would establish a base fee, along with an incentive fee to be paid based on the overall achievement of annual performance goals; and WHEREAS, on September 10,2014, the City Commission adopted Resolution No.2014- 28745, accepting the recommendations of the Finance And Citywide Projects Committee to extend the Agreement with the GMCVB on a month-to-month basis under the current contracted terms, but not-to-exceed one (1) yearfrom September 30, 2014; directing the Administration to re-negotiate an incentive based agreement; specifying that funding to the GMCVB remain at the current level of $5,366,000, and authorizing the City Manager to hire an "Owner's Representative" in an amount not-to-exceed $1 61,000; and WHEREAS, following the September 10, 2014 City Commission action, the Administration, SAG and the GMCVB embarked on an extensive joint goal-setting process, which included the participation of the hospitality industry; and WHEREAS, this process resulted in agreed-upon recommendations and performance-based goals, which have been incorporated within the proposed Agreement attached hereto as Exhibit "A," with said Agreement having a five (5) year initial term, commencing retroactively on October 1, 2015, and ending on September 30, 2020. WHEREAS, the Administration recommends approval of the proposed Agreement, attached hereto as Exhibit "A." 250 NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Mayor and City Clerk to execute an agreement between the City and the Greater Miami Convention and Visitors Bureau (GMCVB), in the form attached to this Resolution, with said agreement having a five (5) year initial term, commencing retroactively on October 1, 2015, and ending on September 30, 2020. PASSED and ADOPTED this day of October, 2015. ATTEST: Rafael E. Granado, City Clerk Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION W,"Xu T:\AGENDA\201 S\October\TCE D\October 2 1 \GMCVB 20 1 5 Agreement Reso.doc 251 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND THE GREATER MIAMI CONVENTION AND VISITORS BUREAU THISAGREEMENT,ismadeandexecutedasofthis-dayof-,20l5by and between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the laws of the State of Florida (the City or Miami Beach), and the GREATER MIAMI CONVENTION AND VISITORS BUREAU, INC., a Florida not-for-profit corporation (the Bureau or GMCVB). RECITALS: WHEREAS, since 1984, the City and the Bureau have been parties to numerous, successive agreements for the primary purpose of marketing and promoting both the Miami Beach Convention Center ("MBCC") (by way of booking convention business that will generate hotel room nights in the City), and (generally) the City of Miami Beach (by promoting and marketing the City overall as a principal tourist destination); and WHEREAS, on September 24,2009, pursuant to Resolution No. 2009-27217, the Mayor and City Commission approved the most recent agreement with the Bureau, for a five (5) year term which commenced on October I,2009, and ended on Septernber 30, 2014;' and WHEREAS, on September I0, 2014, the pursuant to Resolution No. 2014-28745, the Mayor and City Commission accepted the Finance and Citywide Projects Committee recommendation and extend the Interlocal Agreement with the Greater Miami Convention and Visitors Bureau on a month-to-month basis under the current contracted terms, but not to exceed one (l) year from September 30,2014; WHEREAS, the City Commission directed the City Administration to re-negotiate an incentive based agreement that establishes a base fee and an incentive fee to be paid based on the overall achievement of annual performance goals and that funding for the GMCVB remain at the current level of $5,366,000 and recommended that the City hire an consultant in an amount not to exceed $161,000 to assist with goal setting and proposed terms for a perforrnance based agreement; and WIIEREAS, the City and the Bureau have negotiated the following new Agreement, for an initial term of five (5) years, which may be renewed upon mutual agreement for an 252 additional five-year period based on the GMCVB's satisfactory performance under this Agreement, including but not limited to achievement of perforrnance metrics set forth herein and overall compliance with this Agreement and further subject to the foregoing terms and conditions, as set forth below. NOW THEREFORE, the parties agree as follows: SECTION I CONTRACT WITH THE BUREAU. SECTION 1.01 BureauFunctions. The City hereby contracts with the Bureau to perform (or cause to be performed) the following tourism and convention related services, upon the terms and conditions hereinafter set forth: (a) Develop, promote, market, book, and secure conventions, trade shows, (c) and group business for venues in the City; Expand, develop, and promote tourism in the City in the domestic and world markets, through consumers, travel agents, tour operators, wholesalers, airline marketing, media, advertising, and other modalities, as determined by the Bureau. The Bureau's responsibilities pursuant to this subsection (b) shall also include, without limitation, expansion, development, and promotion of tourism in the City during the "need periods," as said term is customarily defined within that industry; Maintain programs and services in connection with the marketing and promotion of conventions and tourism to benefit the City and venues in the City including, without limitation, convention services, tourist reservation services, and other operational and administrative programs in connection therewith; Prepare and distribute brochures, pamphlets and other advertising information disseminating information about the City through traditional and digital media, including but not limited to web-based and/or mobile application formats and the like; Cooperate with segments of the City's tourism and convention business, and visitor centers to encourage booking of hotel reservations, tour packages, car rentals, and other similar services; Engage in tourism and convention research and planning, and conduct campaigns of information, advertising, publicity, marketing, and sales (b) (d) (e) (f) 253 (e) relating to tourism and conventions to benefit the City and venues in the City;' Conduct and carry out programs or projects designed to promote tourism and attract tourists and conventions to the City, and cooperate with public and private organizations or groups, as well as hotels, restaurants, retail venues, and tourist related entities and attractions, in their respective efforts to promote tourism and attract tourists and conventions to the City; Select, hire, train, and employ such employees or other personnel as the Bureau deems necessary or appropriate to satisfy its responsibilities under this Agreement. No employee, contractor, or other personnel of the Bureau shall, for any purpose, be considered to be an employee of the City, and the Bureau shall be solely responsible for their supervision, direction, and control, and for setting and paylng their respective compensation, federal income tax withholding, and benefits (if any). To the maximum extent possible, provide economic opportunities to the City's businesses and vendors through the Bureau's procurement of goods and services, and actively market, promote and disseminate information to City businesses and vendors with regard to the Bureau's procurement policies (in an effort to provide increased competition and awareness to City businesses and vendors of future bids, proposals, and other procurement opportunities issued by the Bureau); To the maximum extent possible, advise, inform, update, and involve the City's policy makers in Bureau activities; Increase partnering and co-promotions with hotels, restaurants, retail venues, and other tourist related entities and attractions within the City; Continue to emphasize the City as a "global destination" for vacation, meetings, and conventions through campaigns of information, advertising, publicity, marketing and sales, and event production and promotion; Actively seek out "major media events" that will be broadcast from (or otherwise spotlight) Miami-Dade County, and, more specifically, that are anticipated to draw positive national and international attention to the City. The term "major media event" shall be defined as including events (h) (i) 0) (r) (m) (n) 254 (o) (p) (q) of equal or greater caliber as the following events which have taken place in the City and/or Miami-Dade: Super Bowl, Latin Grammys, MTV Video Music Awards, College Football Championship, MLB All Star Game, etc.; Budget, administer, and implement the funds received by it including, without limitation, the City's Contribution (as defined in Section 4.01 hereofl; Enter into contracts with third parties to accomplish any or all of the above; and Perform any other function reasonably related to the policy and purpose of this Agreement. SECTION 1.02 Initiatives. For purposes of this Section 1.02 and this Agreement, a "contract year" shall be defined as each one (l) year period during the Term of the Agreement, commencing on October 1'1, and ending on September 30th. GMCVB will supply an annual budget, including a Miami Beach Group Sales budget and Program of Work, subject to review and input by the City Manager, that demonstrates the GMCVB's efforts to promote Miami Beach and book goup business. SECTION 1.03 Performance Objectives a) Annual Goal Seffing Process. Throughout the Term of the Agreement, GMCVB will lead an annual goal setting process related to the contractual metrics that includes a defined internal process and the participation of the City, the hospitality industry and MBCC operator. GMCVB will develop an annual calendar showing when the agreed upon goal setting steps will be accomplished. The City will be made aware of all meetings to execute the goal setting process. The Goal Setting Process will include a review of the TAP report (or similar report), sales activity and discussions on need periods, targeted vertical markets and underperforming markets. The proposed Goal Setting Process is as follows: 255 The City reserves the right to reject the mutually agreed upon goals if the above stated process has not been followed with the documented approvals of the Stakeholder Advisory Committee and the GMCVB Board of Directors. b) Annual Marketins Plan: GMCVB will collaborate with the City and the MBCC operators to create a singular marketing plan in the area of citywide convention sales and marketing. The marketing plan will include an outline of the agreed-upon key vertical markets, a collaborative approach to all marketing channels, and a deployment plan. The marketing plan will be presented by September 1't for review and approval by the City. (c) Marketins Support: The Bureau will participate in monthly sales and marketing meetings held between the City and the MBCC's General Manager. c) Sales/Bookins Goals: The GMCVB will be responsible for performing sales and marketing activities that increase visitation, room night consumption and the economic impact associated with increased tourism activity in Miami Beach. The GMCVB will be responsible for producing agreed upon results in the following areas and as more specifically 256 detailed in Exhibit "A" hereto, which is the result of the first annual Goal Setting Process: Number of new bookings for Citywide (Priority 1 and Priority 2) Group Business, as defined in the City's Convention Center Booking Policy Guidelines attached as Exhibit 6' A 66 hereto; ii. Number of new bookings for "In house Miami Beach Hotel Group Business," defined as new future goup bookings for a minimum number of room nights and meetings at hotels located within the City of Miami Beach; and iii. Number of new bookings for Individual and Group Leisure Business, defined as Miami Beach travel undertaken for pleasure, as opposed to business travel. The Individual and Group Leisure Business will be measured by the following metrics: (1) Leisure Indicator: On-line "referrals" to Miami Beach hotels attributable to GMCVB leisure campaigns; and (2) Overall Leisure Contribution: The annual Smith Travel Report (STR) report for leisure travel to Miami - Dade County will be modified based on third party research of DMO influence in key visitor markets. This will be used as a methodology for establishing overall leisure room night goals. d) MBCC Fiscal Performance Goal: In addition to the foregoing goals, as a key partner in the overall success of the MBCC, the GMCVB will have a mutually agreed upon annual revenue goal for MBCC Rental and Food & Beverage revenue. e) Customer Service Goal: In addition to the foregoing goals, GMVCB must achieve no less than a 90% positive rating (positive:excellent/good) on GMCVB customer service surveys from clients utilizing GMCVB services for MBCC bookings (during each Contract Year); SECTION 1.04 Scorins Matrix for Sales/Bookins Performance Obiectives The GMCVB will be annually measured on each of the above performance objectives outlined in Section 1.03 and as delineated more fully in Exhibit A. With respect to the Sales/Booking Goals pursuant to Section 1.03(c) above, GMCVB's performance shall be evaluated using the following weighted methodology: . Attainment of annual Citywide (Priority 1 and Priority 2) Group Business goals : 600% (60 points) . Attainment of annual In house Miami Beach Hotel Group Business goals:25Yo 6 257 (25 points) Attainment of annual Individual and Group Leisure Business goals : 1,5% (15 points) Total Score: l00Yo (100 points) a) GMCVB must achieve a minimum aggregate Total Score of 85o/o (85 points) of Sales/Booking Goals each year, with points for attainment of goals within each category calculated on a proportionate basis. For illustrative purposes only, if the annual Citywide Group Business goal is to book six (6) new Priority 1 and Priority 2 events (for a score of 60 points), and GMCVB books four (4) new events in that year, GMCVB shall receive a score of 40 points for the Citywide Group Business goals for that year. If GMCVB exceeds the annual goal and books eight (8) new events in that year, GMCVB shall receive 80 points for the Citywide Group Business goals for that fiscal year. b) If GMCVB achieves or exceeds the required minimum Total Score of 85 aggregate points in any given year for its Sales/Booking Goals, GMCVB shall be entitled to the Incentive Fee in accordance with Section a.01(d) below. If GMCVB fails to meet any its overall annual goal, such non-performance shall constitute an Event of Default pursuant to Section 2.02below. c) The City will meet monthly with GMCVB to monitor and assess GMCVB's progress toward achievement of the performance goals, including review of sales and marketing activity, (i.e. prospects, tentatives and definites) on an ongoing basis. TERM/DEFAULT AND TERMINATION The term of this Agreement shall be deemed to have commenced (retroactively) on October 1,2015, and shall terminate on September 30, 2020 (the Term). This Agreement may be renewed by mutual agreement for an additional five (5) year period based on the GMCVB's satisfactory perforrnance under this Agreement, including but not limited to achievement of performance metrics set forth herein and overall compliance with this Agreement. SECTION 2.02 Notwithstanding the foregoing, the City may terminate this Agreement in the event the City Manager determines, at his or her sole discretion, that the GMCVB has failed to meet any of its annual goals established pursuant to this Agreement, and/or has failed or is unable to observe, perform, or otherwise comply with any of the terms and conditions set forth in this Agreement (each such failure to perform an "Event of Default" SECTION 2 SECTION 2.01 258 hereunder), which Event of Default continues for more than thirty (30) days after written notice from the City Manager; provided, however, that if the nature of the default is such that more than such period is reasonably required for its cure, the City shall not terminate this Agreement if the Bureau commences the cure within such period and thereafter diligently pursues the cure to completion and actually completes the cure within an additional sixty (60) day period, or such longer period as may be established for Events of Default covered by Section 2.02(a) below. a) The approach to monitoring Citywide Group Business Conventions performance is as follows: (i) The Citywide Priority 1 and Priority 2 Group Business goals will be monitored using a scale where 100% achievement indicates satisfactory performance. If the GMCVB falls below 85o/o in either the Priority 1 and Priority 2 Group Business goals in a twelve month timeframe, any such non-performance shall constitute an Event of Default pursuant to this Section 2.02 of the Agreement, and GMCVB shall have 90 days to complete a cure of such Event of Default following the written notice of the Event of Default from the City Manager. (ii) The City will review the GMCVB's sales activity on an ongoing basis and if sales activity is deemed to be below the amount needed to achieve the Sales/Booking goals established pursuant to Section 1.03(c), the City may terminate the agreement or reallocate funding to increase sales efforts directly under City oversight if the non-performance of sales activity metrics are not rectified. The City may also extend this period based on its evaluation of the Bureau's overall sales activity. b) The performance metric for In House Miami Beach Hotel Group Business and Leisure and Group Leisure Business results is as follows: (i) If the GMCVB falls below 85Yo of the agreed upon goals, such non- performance shall constitute an Event of Default under this Agreement. c) Following the written notice from the City Manager of an Event of Default and expiration of the applicable cure period, the City (through its City Manager) may exercise any or all of the following remedies: (i) City may terminate this Agreement by written notice to the Bureau, in which case this Agreement shall terminate as of the date set forth in such notice and the City shall have no further liability or obligations whatsoever under this Agreement. (ii) Upon termination, the City shall have no further obligation to fund andlor 259 otherwise allocate and/or appropriate any remaining funds pursuant to this Agreement, and the Bureau shall immediately remit back to the City any and all unencumbered City funds allocated to the Bureau including, without limitation, the City's Contribution (as set forth in Section 4.01 hereof; on a prorated basis based on the remaining time of the fiscal year in which the agreement is terminated. (iii) The City may exercise any other remedies available at law or in equity. (iv) The various rights and remedies reserved to the City in this Agreement (or otherwise) shall be cumulative and, except as otherwise provided by Florida law, the City may pursue any or all of its rights and remedies at the same time. (v) Notwithstanding the above the City shall not terminate this Agreement for failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond the Bureau's reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event including a delay in the Convention Center reopening. SECTION 2.03 Upon the expiration of this Agreement or a termination for any reason, all further obligations of the parties hereunder shall terminate except unless expressly provided in this Agreement (including, without limitation, Section 2.04 below), or as otherwise agreed to by the parties, in writing. SECTION 2.04 Notwithstanding the preceding Section, the parties hereto acknowledge that the Bureau and the City may, during the Term, enter into contracts that are expected to predominantly benefit the City in future years, and which may entail a funding commitment(s) beyond (i) a termination of this Agreement, and/or (ii) the Term of the Agreement. In such cases, the City (through its City Manager) and the Bureau shall expressly agree, in writing, on a case by case basis, that the particular contract is intended to be funded by the Bureau and/or the City beyond an early termination andlor expiration of the Agreement and shall, in such cases, further provide that the funding obligations under that particular contract are intended to survive or be performed after such expiration or termination of the Agreement. 9 260 SECTION 3 CITY PARTICIPATION ON BUREAU BOARD OF DIRECTORS, EXECUTIVE COMMITTEE, COMMITTEES AND/OR SUB- COMMITTEES The Bureau shall be managed by a Board of Directors (Board) having such number of members and composition as may be determined by the Bureau. Such Board shall be representative of the hotel and visitor industry; shall reflect the ethnic and multi-cultural diversity of the community; and be gender representative. The Bureau shall act through an Executive Committee, which shall meet between meetings of the Board. The composition of the Executive Committee shall be determined by the Board. The Bureau shall also establish, as it deems appropriate, committees and/or sub- committees, which may include, without limitation, a Finance Committee; Marketing and Tourism Committee; Convention Sales Committee; Nominating Committee; and Community Relations Committee. The composition of such committees and sub-committees shall be determined by the Board. Notwithstanding the foregoing, the Bureau herein recognizes the significant financial contributions made by the City pursuant to this Agreement; accordingly, the Bureau and the City agree that, throughout the Term of this Agreement, the City's representation and membership on the Board, Executive Committee, and any and all committees and/or sub-committees shall be as follows: (a)Board of Directors. The City's representation and membership on the Board shall be a number proportionate to the percentage amount of the City's total annual financial contribution to the Bureau (as set forth in this Agreement), in relation to the Bureau's total operating budget; but in no event shall said percentage be less than 25o/o. The aforestated members shall be voting members of the Board, selected by the Board from a slate submitted by the City Manager, and shall be: (i) residents of Miami Beach; and/or (ii) representative of the City's hotel and visitor industry; and (iii) reflect the ethnic and multi-cultural nature of the City; and (iv) begenderrepresentative. 10 261 (b) (c) Executive Committee. The City's representation and membership on the Executive Committee shall be a number proportionate to the percentage amount of the City's total annual financial contribution to the Bureau (as set forth in this Agreement), in relation to the Bureau's total operating budget; but in no event shall said percentage be less than thirty percent (25%). The aforestated members shall be voting members of the Executive Committee, selected by the Board from those members of the Board selected from the City's slate for the Board; however, the City's proportionate representation and membership on the Executive Committee must include the following: (i) The City's Mayor or his/her designated representative (who shall be a member of the Miami Beach City Commission); and (ii) the City Manager. Committees and/or Sub-Committees. The City's representation and membership on any and all Bureau committees and/or sub-committees, shall be a number proportionate to the percentage amount of the City's total annual financial contribution to the Bureau (as set forth in this Agreement), in relation to the Bureau's total annual operating budget; but in no event shall said percentage be less than 25o/o. The aforestated committees and/or sub-committee members shall be voting members and shall be: (i) residents of Miami Beach; and/or (ii) representative of the City's hotel and visitor industry; and reflect the ethnic and multi-cultural diversity of the City; and be gender representative. Notwithstanding the above, throughout the Term of this Agreement: (i) the City Manager or his/trer designee shall be a voting member of the Finance Committee; (ii) the General Manager of the MBCC shall be a voting member of the Convention Sales Committee; and (a) (b) ll 262 SECTION 4 SECTION 4.01 (iii) the Marketing and Tourism Committee shall reflect and be representative of the Initiatives. FUNDING. Contribution from Miami Beach (the City's Contribution). (a) Base Fee Year one (1) (Fiscal Year 2015116): The City's total annual contribution to the Bureau shall be $5,369,243 for the first year of the agreement (b) Base Fee Year two (2): Beginning in the second year of the contract (Fiscal Year 2016ll7),the Base Fee will be established at$,4.7 million dollars. (c) Following the conclusion of the first contract year and each contract year thereafter, the Base Fee will be adjusted up or down based on the overall percentage increase or reduction of the prior year municipal resort tax collections. The new base fee will include the accumulated growth or reduction. (d) Incentive Fee: o In each Fiscal Year the GMCVB can eam an annual incentive fee of up to $1,950,000 based on the GMCVB's ability to achieve 130% of the agreed upon Perfoffnance Objectives as set forth in section 1.03 and 1.04 herein ("Incentive Fee"). The Incentive Fee eamed by the GMCVB, if any, shall be payable within 30 days after the close of the Fiscal Year and City's receipt of an invoice from the GMCVB with respect thereto. o The Incentive Fee will be paid on a prorated basis, beginning at 85% of the Incentive Fee payable once the GMCVB achieves an annual Total Score of 85 points/percentage pursuant to Section 1.04 herein and provided GMCVB is in compliance with other terms and conditions of this Agreement. Performance metrics will be weighted in the determination of percentage achievement. If the GMCVB exceeds 100% of its Sales/Booking Goals and achieves a Total Score pursuant to Section 1.04 in excess of 100 points, then I2 263 GMCVB shall receive an additional Incentive Fee, on a proportionate basis, up to a not-to-exceed cap of 30Yo of the Incentive Fee ("Additional Incentive Fee"). For illustrative only, if GMCVB meets all of its annual goals established to Section 1.03 and obtains a Total Score of 120 points to Section 1.04, then GMCVB shall be entitled to the Fee and an additional 20o/o of the Incentive Fee. If purposes pursuant pursuant Incentive GMCVB e) exceeds the goals and obtains a Total Score of 140 points to itspursuant to Section 1.04, then GMCVB shall be entitled Incentive Fee and an additional30o/o of the Incentive Fee. The City's Contribution shall be paid from the Municipal Resort Tax revenues levied and collected by the City pursuant to Chapter 67-930, Laws of Florida, and the respective ordinances applicable thereto, as amended from time to time (the Tax), subordinate to City's debt service and related obligations as set forth in Section a.01(g) below. For purposes of this Agreement, the Tax shall be further defined as derived only from the two percent (2%) portion of the Municipal Resort Tax collections generated from the sale of hotel rooms, food and beverage, and alcohol throughout the City of Miami Beach. The City shall distribute the City's Contribution to the Bureau after the following distributions and deductions have been made: (i) Less four percent (4%) of the total gross revenues collected from the Municipal Resort Tax, for collection costs; and (ii) All payments shall be junior and subordinate in all respect to any and all obligations of the City required under any resolutions or ordinances pursuant to which bonds or other indebtedness of the City of Miami Beach are issued which are secured by the Municipal Resort Tax. The City's Chief Financial Officer shall be responsible for making such debits and credits, collection costs, and monies pledged to bonds or other indebtedness of the City, as set forth in this Section 4. The sole funding authority for payment of the City's Contribution shall s) h) i) 13 264 be from the Municipal Resort Tax revenues, and the City shall have no obligation to continue to pay the City's Contribution to the Bureau, or to provide an altemate funding source, in the event that adequate funds from the Municipal Resort Tax revenues do not become available at any time during the Term. Public Funds. The Bureau shall maintain the City's Contribution, and any and all other public funds allocated and/or appropriated to the Bureau pursuant to the Agreement, in an account or accounts segregated from and not commingled with any privately raised funds. (a)Method of Parrment and Disbursement. The City shall transfer to the Bureau its required share of the revenues described herein within thirty (30) days after the last day of the month in which the City received the funds. Prohibited Expenditures from Public Funds. The Bureau shall not expend City's Contribution for the following purposes: Bureau staff travel and entertainment (except that travel and entertainment expenses when soliciting or promoting a major convention or corporate meeting); any matters relating to the Bureau's function as an association, including but not limited to membership dues and salaries of personnel whose duties relate to membership marketing; the salary, benefits and prerequisites of the Chief Executive Officer; interest expenses on loans to the Bureau; and any and all other expenses relating to activities beyond the scope of this Agreement. (b) SECTION 4.03 No Impairment of Bond Obligations. In the event the City determines that the allocation of Municipal Resort Tax revenues required to be made under Section 4.01 may impair the obligation of any contractual arrangement between the City and the holders of its bonds secured by said Tax revenues, the City's participation in this Agreement shall be forthwith terminated without any liability to the City; provided, however, that in the event of such termination, the City and/or the Bureau shall continue to be bound by any funding obligation under a prior committed contract where such commitment was agreed to and approved SECTION 4.02 t4 265 pursuant to Section 2.04 hereof. SECTION 5 INSURANCE. The Bureau shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Bureau shall maintain and carry in full force during the Term of the following insurance: (a) Consultant General Liability, in the amount of $1,000,000. (b) Consultant Professional Liability/Errors and Omissions, in the amount of $1,000,000. (c) Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. (d) Crime Insurance/Employee Dishonesty which provides third party or subscribes liability, in the amount of $100,000. (e) The insurance must be fumished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. (f) Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager, 3rd Floor, City Hall, Miami Beach, Florida. A11 insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Bureau of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Bureau specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. SECTION 5.01 Endorsements. All of Bureau's certificates, above, shall contain endorsernents providing that written 15 266 notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. SECTION 5.02 Certificates. Unless directed by the City otherwise, the Bureau shall not commence any work andlor services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. SECTION 6 INDEMNIFICATION. The Bureau agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Bureau, its employees, Board members, committee and/or sub-committee members, agents, sub- consultants, or any other person or entity acting under Bureau's control, in connection with the Bureau's performance of any work and/or services pursuant to this Agreement; and to that extent, the Bureau shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to the Bureau for performance of the work and/or services under this Agreement is the specific consideration from the City to the Bureau for the Bureau's Indemnity Agreement. Should the Bureau defend the City in any action it may raise the City's sovereign immunity defense to the fullest extent permitted by law. The Bureau's obligation under this Section shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other parfy. The City and Bureau hereby agree and acknowledge that the provisions of this Section 6 shall survive the expiration andlor early termination of this Agreement. 16 267 SECTION 7 SECTION 7.01 REPORTS, RECORDS AND EVALUATION. The Bureau agrees, for each contract year during the Term: (i)to provide to City, through its City Manager, within ninety (90) days after the end of the Bureau's fiscal year, an annual audited report covering the receipt and expenditure of public and private funds, prepared by an independent certified public accountant, in accordance with generally accepted accounting principles and practices consistently applied; (ii) to prepare and submit to City, through its City Manager, a copy of the Bureau's overall annual operating budget, for each fiscal year; (iii) to submit a detailed annual report to City, through its City Manager, by October lst of each contractyear, setting forth the activities of the Bureau during the previous contract year; (iv) to permit the City Manager, andlor such authorized representatives as he/she may designate in hislher sole and absolute discretion, to carry out monitoring and evaluation activities (including, without limitation, inspection of any and all Bureau records related to this Agreement, whether financial or otherwise) in such manner as will effectively ensure the cooperation of the Bureau in the performance of its functions and obligations under this Agreement; (v) to provide to City, through its City Manager, an activity and financial report, setting forth generally the activities of the Bureau during the previous quarter through its Executive Committee or Board of Director meetings; (vi) to permit the City Manager, and/or such authorized representatives as he/she may designate in his/her sole and absolute discretion, to conduct, at the City's expense, a full and detailed annual audit of the Bureau's records for such public purpose as the City Manager may deem necessary andlor, in the best interest of the City, and which may include, without limitation, determining how the Bureau utilized public monies contributed under this Agreement; (vii) to permit the City Manager, and/or such authorized representatives as he/she may designate in his/her sole and absolute discretion, , for the same purpose(s) as set forth in subsection (vi) hereof; and (viii) to provide to City, through its City Manager, such other reports, as may be reasonably requested by the City Manager and/or his/her authorized representatives. The City will conduct an annual sales audit at its own expense performed by City Auditors annually to validate the booking and room night achievement. City will approve the approach and forms used for the audit. Any audits or inspections shall be conducted at the Bureau's main office in Miami, Florida; during normal business hours; and in such manner so as not to unreasonably interfere or impede with the day-to-day operations of the Bureau. t7 268 The City and the Bureau hereby agree and acknowledge that the provisions of this Section 7 shall survive the expiration or earlier termination of this Agreement. SECTION 7.02 In addition to the reports, records and evaluations set forth in the preceding Section 7.01, the City Manager, reserves the right, at any time during the Term, at his/her sole option and discretion, to engage an independent consultant to review and assess the Bureau's governance, structure, process and operations, particularly with an emphasis on the impact of same related to the Bureau's performance under this Agreement. Accordingly, the Bureau herein warrants and represents to the City that it shall grant said consultant full and complete access to any and all Bureau records, whether financial or otherwise, for inspection by the consultant at the Bureau's main office in Miami, Florida, during normal business hours. SECTION 7.03 Reports. During the Term, the Bureau agrees to provide the City with reports measuring and benchmarking the Bureau's established goals and as may otherwise be required pursuant to this Agreement. (a) GMCVB will be required to create a monthly report that will encompass the contractual performance metrics and the results in comparison to annual agreed-upon goals and the previous year's results. (b) Prospects, Tentative and Definite bookings will be tracked and reported monthly to the City to determine the status of overall sales activity. (c) GMCVB will coordinate a joint reporting plan with MBCC incorporating all shared metrics. (d) GMCVB will also produce a "pace" report that will indicate the current level of activity and overall group performance for future years. This report will also compare GMCVB/MBCC activity to other competitive destinations when available. (e) Provide at beginning of Term and subsequently as needed/updated: i. Operating Policies and Procedures ii. Convention Sales Standard Operating Procedures iii. Convention Services Standard Operating Procedures (0 Provide Monthly: Annual i. Tourism Sales a. New leisure visitor generated and estimated visitor receipts 18 269 b. Visitor Demographics (with specific breakdown for City and/or Country) ii. Convention Sales a. Lost Business Reports (MBCC and In-Hotel meetings) b. Top vertical market report with historical production and future bookings c. Cancelled Business Reports (MBCC and In-Hotel meetings) iii. Marketing a. Total number of paid media placements and media impressions (al1) b. Total number of paid media placements and media impressions (convention-related) c. Total number of earned media opportunities and impressions (all) d. Total number of earned media opportunities and impressions (convention-related) iv. Targeted Initiatives a. Survey results (as required per Section 1.03(e) of Agreement) i. MBCC Sales Customer Service Feedback Reports SECTION 7.04 Software access for City. The GMCVB will give electronic access to the City to a real-time high-level "dashboard" of all key metrics for City review. Implementation of this functionality will be in accordance with the Recommendation Schedule matrix (Exhibit D) SECTION7.05 Recommendations The attached recommendations (see attachment D) will be reported on Monthly and completed according to the attached timeline. Failure to complete the recommendations may constitute non-performance of the agreement. SECTION 8 PROCUREMENT OF GOODS & SERVICES. ln addition to the provisions of 1.01(i), the Bureau shall procure goods and services on a competitive basis and shall provide opportunities for certain Disadvantage Business Enterprises. In order to promote a broader outreach and encourage new and diverse potential bidders and t9 270 proposers on Bureau contracts for goods and/or services, the Bureau shall use best efforts to establish a broader-based "pool" from which to procure said goods and services, which may include, without limitation, holding periodic public workshops and seminars for such purposes, to be co-sponsored with the City and held on Miami Beach. SECTION 9 NOTICES. All notices, demands and requests which are given by the parties shall be in writing and shall be deemed to be properly given if sent by United States mail, postage prepaid, addressed as follows: As to Miami Beach: As to the Bureau: Attention: City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attention: President Greater Miami Convention & Visitors Bureau 701 Brickell Avenue, Suite 2700 Miami, FL 33131 Any such names and addresses may be changed at any time upon the giving of written notice of such change sent by United States mail, postage prepaid, to the other parties affected by the change. A copy of any notice sent by one party to another shall be sent to all other parties noted above. SECTION 10 PARKING The City shall make available to Bureau, at no cost, parking spaces adjacent to the Convention Center, or located on City property in the immediate environs in order to assist with the development, promotion, marketing, booking, and securing conventions, trade shows, and goup business for venues in the City. SECTION 11 MISCELLANEOUS. SECTION 11.01 Governins Law and Exclusive Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the 20 271 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, if in federal court. BY ENTERING INTO THIS AGREEMENT, THE CITY AND THE BUREAU 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. SECTION 11.02 No Discrimination in Employment. In connection with the performance of work and/or services under this Agreement, the Bureau shall not refuse to hire, discharge, refuse to promote or demote, or to discriminate in matters of compensation against, any person otherwise qualif,red, solely because of race, color, religion, sex, age, national origin, military status, sexual orientation, gender identity, marital status, or physical or mental disability. SECTION 11.03 No Partnership or Joint Venture. The parties hereto understand and agree that the relationship of the Bureau and City is that of an independent contractor. In carrying out its functions under this Agreement, the Bureau is not, nor shall it ever be construed as, the agent or representative of City, and this Agreement is not intended to establish a partnership, a joint venture, or the relationship of principal agent. Nothing herein contained is intended or shall be construed in any way to create or establish the relationship of partners or a joint venture between the City and Bureau. None of the officers, agents or employees of the Bureau shall be or be deemed to be employees of the City for any purpose whatsoever. SECTION 11.04 WrittenAmendments. This Agreement shall not be altered, modified or amended in whole or in part, except in writing executed by each of the parties hereto. SECTION 11.05 Binding Upon Successors and Assiers: No Third-Party Beneficiaries. (a) This Agreement and the rights and obligations set forth herein shall inure to the benefit of, and be binding upon, the parties hereto and each of their respective permitted successors and permitted assigns. (b) This Agreement shall not be construed as giving any person, other than the parties hereto and their successors and permitted assigns, any legal or equitable right, remedy or 2t 272 claim under or in respect of this Agreement or any of the provisions herein contained; this Agreement and all provisions and conditions hereof being intended to be, and being, for the sole and exclusive benefit of such parties and their successors and permitted assigns and for the benefit of no other person or entity. SECTION 11.06 Section Headines and Defined Terms. The headings contained herein are for reference purposes only and shall not in any way affect the meaning and interpretation of this Agreement. The terms defined herein and in any agreement executed in connection herewith include the plural as well as the singular and the singular as well as the plural, and the use of masculine pronouns shall include the feminine and neuter. Except as otherwise indicated, all agreements defined herein refer to the same as from time to time amended or supplemented or the terms thereof waived or modified in accordance herewith and therewith. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute but one and the same agreement. SECTION 11.07 Severability. The invalidity or unenforceability of any particular provision, or part of any provision, of this Agreement shall not affect the other provisions or parts hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions or parts were omitted. SECTION 11.08 Non-Waiver. A failure by either party to take any action with respect to any default or violation by the other of any of the terms, covenants, or conditions of this Agreement shall not in any respect limit, prejudice, diminish, or constitute a waiver of any rights of such party to act with respect to any prior, contemporaneous, or subsequent violation or default or with respect to any continuation or repetition of the original violation or default. SECTION 11.09 Entire Aqreement. This Agreement and all Exhibits attached hereto contain the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, proposals or other expressions of intent with respect thereto. The Exhibits attached hereto are incorporated in to and made apart of this Agreement. No other agreements, representations, warranties or other matters, whether oral or written, will be deemed to bind the parties hereto with respect to the subject matter hereof. 22 273 IN WITNESS WHEREOF, Miami Beach and the Bureau have caused this Agreement to be duly executed in their name and on their behalf by their duly constituted officers, and the Bureau has caused this Agreement to be duly executed by its duly authorized corporate officers, all as of this Attest: day of ,2015. Rafael E. Granado, City Clerk Affest: Secretary Print Name CITY OF MIAMI BEACH Philip Levine, Mayor GREATER MIAMI CONVENTION VISITORS BUREAU President Print Name APPRO,EDAS TO FORM & IANGUAGE lFoR EXEOUTK)${ & lhE-r 23 274 STATE OF FLORIDA ) ) SS: couNTY oF DADE ) The foregoing instrument was acknowledged before me this day of 2015, by Philip Levine, Mayor and Rafael E. Granado, City Clerk, or their designees respectively, ofl behalf of the CITY OF MIAMI BEACH, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of Notary Public, State of Florida at Large Commission No.: My Commission Expires: STATE OF FLORIDA ) ) SS: couNTY oF DADE ) The foregoing instrument was acknowledged before me this day of , 2015, by President, and , Secretary, or their designees respectively, on behalf of the GREATER MIAMI CONVENTION& VISITORS BUREAU, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this _ day of ,2015. ,2015. Notary Public, State of Florida at Large Commission No.: My Commission Expires: 24 275 EXHIBIT "A" 201512016 goals Greater Miami Convention and Visitors Bureau - Goal Setting Template Updated t0 /L /201,5 Citywide Conventions (60%)Prior Year Goal Actual Variance o Prioritv One Groups o 2OL6 4 ' PrioriW Two Groups 3 o 2Ol7 9. PrioriW Two Groups 4 o 20lB 11 ' PrioriW Two Groups 5 o 2OL9 12 . PrioriW Two Groups 6 o 202O 1.4 . PrioriW Two Groups 7 Total CiWwide Groups booked (6o0/ol o Definite Room Niehts 2016 o Definite Convention Center Citvwide Group Room nishts 22,OOO Total Citvwide room niehts booked 22,OOO o ConventionCenterRevenue o MBCC Revenue. FutureMBCCRevenueBooked e Rental o FoodandBeverase o Total future Revenue Booked o Economic Imnact o Future Citywide Group Economic Imnact 25 276 Miami Beach Hotels "In house" group bookinss (2So/ol Prior Year Goal Actual Variance o Miami Beach Hotel Groups o Future Miami Beach Hotel Groups booked fiOo/ol L25 o Definite Room Nights. Definite room nights senerated (l5o/ol t42,OOO o Economic Impact Leisure Sales and Marketing (LSo/o)Prior Year Goal Actual Variance o Individual Leisure Travel o Kev Indicators. Web Referrals 76,407 Total kev indicator referrals (7.5o/ol 76,407 o Leisure Travel o Total Leisure Room Nights (7.5o/o) STR proiection/GMCVB Market Influence 756,9L4 o Economic Impact - Leisure Sales and Marketins Available Actual Variance CiWWide Group Sales 60% Miami Beach Hotel Group Sales 25% Leisure Sales and Marketinq L5o/o Total lOOo/o Total Incentive Available Total Incentive Due 26 277 EXHIBIT "B" Five year priority one booking goals 27 278 New Room Nights Generatedooooooc)ooooooooooooooo()ooooooodo,riododdo-Lnv\fnornNc{r)O o(\o(\l o\ o(\I 3o(\I o(\ F -+, )oL(, 0)oT'iF.-Ji.'}lo*l rr UE Gl 7 6e Exr.YTJ+J!,E<E LCG-g I 1,| x o o ejs4qu9 P69r'E9co O.= '=O =ulcg+Ept 6tt l''l oo 6.=+E U.9 .c EHo=9co--.9 EP '=9EO9E9fmcvlc o(!oc 't .e €E ^Es- (r) EU6.!=oLco o- 'F =ea.Er:-lnrL6 LIUG>\9.3 tt.N9EEs $<cos o. Iobo CD E .9g, oI GLgo ^4. ? .oP Orts..lT o-oI o E:, J+ \OVNO6\Ottc{O sdno.r 9 apr^il1rf, leuolrlppv 28 279 CL =o o e"oo't E .9 E,oJ IELIo ^4. r{ b L .9.$: a:+,U} o-tiE--oEAE\r, E )roZE L L I t1c>u1c)u.)(\l (\ sluo^S ro JoqunN otYl 29 ori og{+) O r-{ t-{d t-l O o 280 EXHIBIT "C" Booking policies MIAM! BEACH CONVENTION CENTER AMENDED AND RESTATED BOOKING POLICY GUIDELINES STATEMENT OF PURPOSE: The Miami Beach Convention Center (the "MBCC" or the "Cente/') is a national and international convention, tradeshow, and multi-purpose facility owned by the City of Miami Beach. One of the MBCC's primary objectives is to promote and facilitate events and activities which have a significant impact in terms of Convention Development Tax ("CDT") generated. When booking the MBCC, consideration shall be given to the following factors: i. significant impact in terms of CDT generated; ii. total number of hotel rooms required; iii. projected revenue to the MBCC, both in terms of direct space rental revenue, as well as projected revenue from concessions and other building services; iv. time of year; v. number of move-in and move-out dates required for the even! vi. potential for repeat booking; and vii. previous history and experience of the potential user with respect to use of similar facilities. SCHEDULTNG PRIORITIES: First Priority Events: Generally speaking, first priority for scheduling events in the MBCC is available to regional, national, and international conventions, trade shows (open to the trade only), cultural shows, corporate meetings, and other events which have a significant impact in terms of CDT generated. ln order to be considered for a First Priority designation, an event shall: require in excess of 115,000 gross square feet of exhibit space in the MBCC; require a minimum of three (3) nights in Miami-Dade County, with 1,500 hotel rooms occupied on the peak night; AND generate over 4,000 room nights in Miami-Dade County in total. CDT impact and room count calculations are based on contracted hotel room nights, as demonstrated by room block agreements with hotels in Miami-Dade County. CDT impact and room count calculations are subject to verification by the City. ln order to be considered for First Priority designation, an event shall demonstrate the hotel room count history during presentation of the identical event either (L) in Miami-Dade County; or (2) in the case of events which move from city to city on a rotational basis or are 30 281 relocating from another location, the hotel room count history of the identical event shall be verified by the Greater Miami Convention and Visitors Bureau ("GMCVB") using generally accepted industry standards, (i.e., DMAI MINT system or written verification from a prior location CVB). Alternatively, for an event that is booked in the future First Priority designation may also be determined based on CDT generated by looking at the prior history of the even! subject to (1) verification by the City; and (2) at user's expense, a qualified independent auditor licensed to perform audits within the State of Florida. Within the First Priority category, the City will give preference to the event with the most significant impact in terms of Convention Development Tax generated. Marquee Events - Notwithstanding the above, the City Commission may also, upon the written recommendation of the City Manager and a 5/7ths vote of the City Commission, grant First Priority status to unique, high profile events that the City determines will bring significant benefit to the City and/or Miami-Dade County in terms of overall economic impact. An Event is defined as regional, national, and international conventions, trade shows (open to the trade only), cultural shows, corporate meetings, and other events which have a significant impact in terms of CDT generated. Second Priority Events: Second Priority Events will have similar characteristics as First Priority events. The room block requirement will be for a minimum of two (2) nights in Miami-Dade County, with one (1) peak night ranging from 500 to 1,499 rooms occupied on the peak night. A Second Priority event will utilize L,500 to 3,999 room nights in total. Third Priority Events: Third Priority for scheduling facilities and dates in the MBCC is available to all other events. Third Priority Events do not have a peak room night requirement. MBCC revenue and community impact will be important characteristics in securing Third Priority Events. Subject to the scheduling priorities set forth in this Section ll, the MBCC General Manager (General Manager) may exercise his/her discretion as to the issuance, modification, or termination of scheduling reservations. BOOKING PROCEDURES Reservations more than twenty-four (24) months before an event are normally handled through the GMCVB, subject to approval of the General Manager, and are subject to the guidelines of Section llherein. Facility and space scheduling commitments for First Priority Events may be made as far in advance as is necessary or appropriate and may supersede requests for other events, unless a License Agreement has been previously executed between the MBCC and the user for 3l 282 such other event. License Agreements for First Priority Events may be entered into as far in advance as necessary or appropriate, at the discretion of the General Manager. A License Agreement will be presented to the user by the General Manager no later than 60 days from the date the event commits to the MBCC. Provided that the event is committed at least 24 months in advance of the first move-in date, the user will be allowed 90 days from the receipt of the License Agreement from the General Manager to execute and return it to the General Manager, along with the required deposit. ln the event the License Agreement is not executed, or the deposit is not received, within 90 days, the event will lose its First Priority status and another event can secure the requested dates and space. For events that commit to the MBCC fewer than 24 months in advance of the first move-in date, the General Manager will determine an appropriate period of time for executing the License Agreement and payment of the required deposit. Facility and space scheduling commitments for Second Priority Events cannot be secured more than 24 months in advance of the first move-in date, and are subject to change to accommodate First Priority Events, prior to a License Agreement being executed by the General Manager and user for such event. License Agreements for Second Priority Events may be issued to the user by the General Manager twenty-four (24) months prior to the first move-in date of the event. Facility and space scheduling commitments for Third Priority Events cannot be secured more than L3 months in advance of the first move-in date. License Agreements will not be finalized prior to L3 months in advance. Facilities and dates will be tentatively held pending notification to the contrary by either party. ln the event a tentative commitment is released by the MBCC, the requesting party will be notified the facilities and/or dates have been released. First Option - Facilities and dates reserved on First Option are reserved tentatively, but a conflicting commitment for the facilities and dates generally will not be made in favor of a second requesting party within the same scheduling priority without the party holding a First Option having the opportunity to execute a License Agreement within the timeline specified or release its reservation. A First Option held by a Second or Third Priority Event can always be superseded by, respectively, a First or Second Priority Event, unless a License Agreement has been previously executed. At the discretion of the General Manager, a party with a First Priority Event holding a First Option may be required, within seven (7) days of written notice, to execute a License Agreement and post a deposit at any time that the General Manager has a good faith request in writing from another First Priority Event for the same dates. Second Option - Facilities and dates reserved on a Second Option basis will be reserved tentatively, and the absence of a valid First Option hold for the same 32 283 space and time shall not guarantee the elevation of a Second Option hold to a First Option hold. Definite Booking - Events are considered a Definite Booking (under contractual commitment) only upon execution of a License Agreement by the user and the General Manager, and which is accompanied by the required initial deposit. Definite 1 Status - ln the case of extraordinarily large, City-wide conventions, an event may qualify for Definite L Status. Definite 1 Status commits the agreed upon space until five (5) years from the date of the first move-in date, contingent on no other interest in the space. lf another user expresses an interest in the space and a commitment to sign an License Agreement, the user with Definite 1 Status will have first right to confirm the space within 60 days of being notified of the other interest. Upon return of the executed License Agreement accompanied by the agreed upon additional non-refundable deposits, the space will be held without any other contingency as a Definite Booking (as defined above). For an event to qualify for Definite L Status, it must satisfy all of the following criteria: t.use of allfour (a) Exhibition Halls at the MBCC; and utilize a minimum of 3,500 hotel rooms in Miami-Dade County on the peak night; and the first move-in date is more than five (5) years in the future; and the user is unable to execute a formal License Agreement more than five (5) years in advance ofthe event; and a Letter of lntent, in the standard form used by the GMCVB and subject to prior written approval by the City Manager, is executed by and among the user, the GMCVB, the General Manager and, if the event will take place outside the term of the MBCC Management Agreement, the City Manager, and shall, at minimum: o be accompanied by an initial, non-refundable deposit, payable to the MBCC, of not less than 51,000; and o establish a schedule of additional annual, non-refundable deposits, payable to the MBCC, of not less than 51,000 per year; and o provide evidence of a room block(s) including specific documentation from the headquarter hotel and supporting hotels totaling no fewer than 8,000 committed room nights; and o commit user to executing a License Agreement no later than five (5) years prior to the first move-in day of the event. il. ilt. tv. JJ 284 PROTECTION CLAUSE: REPEAT BUSINESS A Protection Clause shall, upon the recommendation of the General Manager, and subject to the approval of the City Manager, be granted to recurring events with a proven record of success, defined as the successful completion of, at minimum, two (2) consecutive shows in two (2) years, which have produced significant revenue to the MBCC or significant impact in terms of Convention Development Tax generated. First Priority users will be required to furnish the required room nights and economic impact results within 90 days of the event's final event day. lf the room nights fall below the agreed upon First Priority threshold, the user may lose First Priority status. lf granted, such Protection Clause will be included in the License Agreement and, thereafter re- reviewed (at minimum) every three (3) years by the General Manager, and subject to the approval of the City Manager, in future License Agreements. Notwithstanding the foregoing, the granting of a Protection Clause in a License Agreement shall not vest any right(s)or reliance on the part of the Licensee as to the granting of said clause in subsequent or future License Agreements, but shall at all times be subject to the review and approval procedures set forth above. The Protection Period shall not exceed a total of sixty (60) days, plus the show days. The number of days prior to and after the event shall be the subject of agreement between the Licensee and the General Manager, but a minimum of fifteen (15) days shall be required on each side of the event. lf a Protection Clause is granted, it will read as follows: PROTECTION CLAUSE: Licensor agrees that it will not license any portion of the Convention Center facility to any Competing Event for the period commencing 30 days before Licensee's first show day, and concluding 30 days after Licensee's last show day (the "Protection Period"). A "Competing Event" is hereby defined as an event which has thirty percent (30%) or more of the total number of exhibitors/booths in the same event showing/selling product lines in the Licensee's event; provided, however, that a show that is open to the public shall never be deemed a Competing Event with a show open only to the trade, and vice versa. The determination of whether or not an event is a "Competing Event" shall be solely within the discretion of the General Manager, and shall be based upon the product lines in the proposed event's prior shows. DEPOSIT SCHEDULES: Deposits are required for all activities upon execution of an MBCC License Agreement. First Priority Events: A non-refundable deposit, in the amount of one day's minimum guaranteed rental per hall, or such other deposit as the General Manager may authorize, is required upon execution of the License Agreement. For events licensed five (5) years or 34 285 more in advance, special arrangements may be negotiated, at the General Manager's option, for a lesser deposit upon License Agreement execution and a defined schedule for intermediate deposit payments, with the balance of all estimated charges being due and payable thirty (30) days in advance of the event. Second Priority Events: A minimum, non-refundable deposit will be required upon execution of the License Agreement as follows: one day's minimum guaranteed rental for the first hall, and an additional 33-7/3% of one day's minimum guaranteed rental for each additional hall. However, first-time events without a past history of success, and users with inadequate references, or prior event sponsorships, a record of slow payment, etc., may be required, at the General Manager's option, to remit up to one hundred percent (7OO%l of anticipated rental and related expenses upon execution of License Agreement, with the balance of all estimated charges being due and payable thirty (30) days in advance of the event. Third Priority Events: A minimum non-refundable deposit of 7OO% of one day's minimum guaranteed rent for all MBCC secured space will be required, , with the balance of all estimated charges being due and payable thirty (30) days in advance of the event. MOVE rN/MOVE OUT GUTDELTNES: MBCC will offer one (1) complimentary move-in or move-out day for every show day (open to attendees or public). MBCC will charge the standard rental rates with any additional service charges for days needed beyond the stated allocation. MBCC may ask for paid move-in andlor move-out days to be released based on other group needs for that timeframe. REV. 1 20789, 060890, 07 0892, 060398, 051299, 07 07 99, 05 160 1 35 286 EXHIBIT "D" Recommendations submitted to GMCVB Miami Beach Convention Genter Sales and Marketing Recommendations 101112015 Strategic Advisory Group (SAG) has been engaged to develop annual goals for future sales efforts for the Miami Beach Convention Center (MBCC), develop a contract for the services of the Greater Miami Convention and Visitors Bureau (GMCVB) and review the current sales operations and make recommendations for the future. SAG has worked closely with the GMCVB, Spectra and the City of Miami Beach (City) in all aspects of this assignment. The observations and recommendations are the results of a collaborative process and the collective input from everyone involved. SAG would like to thank everyone who has participated and contributed. The development of an expanded and re-designed Convention Center coupled with a new headquarter hotel will position Miami Beach as a leading Convention and major event destination. This transformation warrants examining all areas that must support this and insure a high degree of success and broad impact on the Miami Beach and overall Miami County economy. ln this context SAG offers the following observations and recommendation related to future sales efforts with the goal of developing a sales approach that will clearly define success with accountability and support. A successful sales operation includes clear goals supported by a road map with engagement and oversight from all parties. The City of Miami Beach (City), the GMCVB and Spectta ate the central partners in the execution of a successful sales and marketing and operational plan. The following are recommendations related to sales and marketing efforts for the MBCC: Market Development Miami Beach and Greater Miami are arguably one of the most popular domestic and international destinations. The growing number of visitors continues to demonstrate the popularity and all of the predictions for the future are bullish on growth. The new Miami Beach Convention Center has been designed to compete for large groups that are a "match" for Miami Beach and want to experience a high level of service for all of their attendees. These conventions and events attract attendees that are used to staying in world class destinations with all of the associated amenities. This also means that the Miami Beach Convention Center sales and marketing efforts must focus on those industries and associations with members and employees who will enjoy Miami Beach and the level of service that comes with a world class destination. The review of the current sales and marketing efforts uncovered a general understanding of this and agreement of the need to focus efforts on those markets that will have the highest propensity to bring their convention or major event to the Miami Beach Convention Center. 36 287 SAG recommends the following: 1. lnstitute an identification process utilizing past history, current sales activity and an aggressive prospecting and research effort which will identify the "Top Ten" markets with the highest propensity to bring their conventions and major events. 2. ln conjunction with the identification process, initiate a prospecting and qualification plan that will quantify the number of groups and their specifications in each of the identified markets that should be future sales targets for the MBCC. This process should be completed by February 1"t2016 by the GMCVB in collaboration with Spectra. This should be presented to the City in the March sales meeting. Opportunity to Focus The Greater Miami area contains a wide variety of visitor opportunities. These include a cross section of hotels, resorts and attractions. This variety of offerings creates an opportunity to attract a potentially wider variety of groups than those that are the best match for the Miami Beach Convention Center. This is an important attribute of the region and warrants an effective strategy and sales approach. This also presents an opportunity to determine the most effective approach to selling and marketing the MBCC. The review of historical bookings and information received from the Miami Beach hotels, who must actively participate in the selling of the MBCC for its success, has indicated that there are specific industries and events that will have the highest likelihood of coming to Miami Beach. SAG recommends the following: 1. The redeployment of the GMCVB sales team to create a team of sales leaders who are dedicated to selling the MBCC and primarily focused on bringing large conventions (Priority One/Citywide business as defined in the MBCC booking policy) to the MBCC. These sales managers would also have permanent offices at the MBCC to facilitate ongoing collaboration. 2. The development of a marketing plan by the GMCVB and Spectra that delineates activities and strategies that support an approach that will raise MBCC's presence with those target customers that have been identified in the qualifying process above. 3. The development of a new campaign and brand initiative that drives awareness and interest in the new Convention Center and articulates the level of service and quality that is a feature of bringing new conventions to Miami Beach and Miami-Dade County. 4. The creation of a sales and marketing budget, as a subset of the GMCVB overall budget, that would show the direct expenses as well as allocated expenses that are focused on raising awareness and securing future MBCC group business. 5. Setting up a dedicated sales office inside the MBCC to continue the collaboration and seamless sales approach. Participation, Collaboration and Reporting The effective selling of the conventions and meetings for MBCC is dependent on broad based participation and collaboration. The City, GMCVB, Spectra and the Hotel industry are the primary partners in a successful sales and marketing effort for the MBCC. Their participation and collaboration must be actively supported on an ongoing basis. This includes regular communication and reporting. Each of the partners must be informed and involved in the planning, monitoring and execution of an effective sales and marketing plan. SAG recommends the following: 1. The continuation of the recently re-activated monthly sales meetings with a focused agenda on reviewing current successes and opportunities. The City, GMCVB, Spectra 3t 288 and Hotels should receive informative reporting to review prior to each meeting and encouraged to participate in the ongoing effort to book groups in the MBCC. 2. The development of reports that give a comprehensive overview of the year to date results. This will include the status of prospects, tentatives and definite bookings. This report will inform the key partners of the status of the overall sales activity and re- forecast annual results to identify if the activity level is sufficient to produce agreed upon results. 3. The development of reports that identify the results by sales manager as well as by identified priority market segments. 4. The implementation of the TAP report, or similar report. The TAP report is a widely used platform for determining the future opportunities for targeted sales efforts and creates a comparison to similar destinations to understand comparative market share. 5. Creating accessibility that will give the give the City, Spectra and GMCVB access to real-time high level "dashboard" of all key sales activity metrics. . 6. .This will help in the development of the reporting package and support the overall service given to MBCC clients. Goal Setting The development of collective goals creates a unified approach to achieving the desired results for the MBCC. The City, Spectra and GMCVB are in the final stages of developing a first set of goals related to the new Convention Center and future headquarter hotel. This process has helped take a comprehensive look at the overall level of sales activity and production that is needed to achieve an optimal level of Convention Center activity. The final goal setting outcome will include targets for annual rental and food and beverage revenue booked into the future. SAG recommends the following: 1. Develop an annual calendar for the goal setting process that will take place every year and include all of the agreed upon metrics including definite group bookings, room nights generated and rental and food and beverage revenue secured for the future. 2. lncorporate a review and approval process that include the internal teams, senior leadership, and the hotel industry advisory committee and is finalized by the City Manager. Conclusion The implementation of the recommendations above will redefine the respective roles of the primary partners. All of the above mentioned partners must be actively involved in the overall success of the group sales efforts. This includes active monitoring of results and full engagement in analyzing the ongoing success and opportunities. A very high level of accountability and transparency is a fundamental principle of success. The revitalized and expanded Convention Center and the future headquarter hotel create an opportunity to refine and rethink the current approach to creating an active economic catalyst that will elevate Miami Beach as a convention destination. SAG supports the implementation of the recommendations above in conjunction with the finalization of the goal setting process. 38 289 MBCC and GMCVB Sales and Marketing Recommendations Recommendation Participants Start Date Completion Date Comments MRRrrr Drvrtopurrur Identify the "Top Ten" markets GMCVB Tluls L2/tlLs Initiate a prospecting and qualification plan GMCVB sluts e/LlLs OppoRrururrYTo Focus Redeployment of the GMCVB sales team GMCVB 817/ts t1lt/ts Development of a marketing plan by the GMCVB and Spectra GMCVB/Spect ra 7lLlLs LLltlls Development of a new campaign and brand initiative GMCVB/City TlLhs L1.11./Ls Creation of a sales and marketing budget GMCVB eluLs Ltlt/Ls Set up a satellite sales office in the MBCC GMCVB 6l7l7s 7l1lLs Completed PARUCIpRIIoN, CoLLAB0RATIoN AND REPoRTING Continuation of monthly sales meetings GMCVB/Spect raCity On eoing Development of reports that give a comprehensive overview ofthe year to date results GMCVB/Spect ra 7/L/ls 1.ltlL6 Development of reports that identi$r the results by sales manager as well as by identified priority market sesments GMCVB 7lLlLs LlLlt6 lmplementation of the TAP report [or similarJ GMCVB 817/ts tut/Ls Creating software accessibilitv GMCVB 8/L/Ls t/UL6 GoeL SsrrrNc Develop an annual calendar for the goal setting process GMCVB Lo/tlt 5 2h/16 Incorporate a review and approval process that include the internal teams, senior leadership, and the hotel industry and is finalized bv the CiW Manaeer GMCVB, CitY Spectra 10/r/L 5 tzlrlL5 39 290 THIS PAGE INTENTIONALLY LEFT BLANK 291 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Setting A Public Hearing On December 9, 2015 At 1 1 :00 A.M. For The Owners Of The Property To Be Assessed Within The Proposed Sunset lslands 3 & 4 Utility Improvement District Or Any Other lnterested Persons To Be Heard By The Mayor And City Commission As To The Propriety And Advisability Of Funding The Placement Underground Of Utilities On Sunset lslands 3 & 4 With Special Assessments, As To The Cost Thereof, As To The Manner Of Payment Therefor, And As To The Amount To Be Assessed Against Each Property So lmproved, Following Which The Mayor And City Commission Shall Meet As An Equalizing Board To Hear And Consider Any And All Complaints As To The Special Assessments And To Adjust And Equalize The Assessments On A Basis Of Justice And Riqht. Build and maintain infrastructure with full g Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that over 77% of residents rated recentlv completed capital improvement proiects as "excellent" or Item Su mmary/Recommendation : On Octobet 14,2015, the Mayorand City Commission adopted Resolution No.2015-29180, creating, pursuant to Chapter 170, Florida Statutes, a special assessment district to be known as the Sunset lslands 3 & 4 Utility lmprovement District (the "District"), for a term of ten (10) years, to fund the placement underground of utilities on Sunset lslands 3 & 4, at an estimated cost of $2,412,398. Following the adoption of the first Resolution creating the District, and the completion of the preliminary assessment roll, the Mayor and City Commission must, pursuant to Section 170.07, Florida Statutes, adopt a subsequent resolution to schedule a public hearing at which the owners of the properties to be assessed or any other persons interested therein may appear before the Mayor and City Commission and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. The attached proposed Resolution sets a public hearing on December 9,2015 at 11:00 a.m., in the Commission Chambers, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. Pursuant to Section 170.07, Florida Statutes, thirty days' notice in writing shall be given to each property owner, and the public hearing shall also be advertised by two publications a week apart in a newspaper of generalcirculation. Following the public hearing, the Mayor and City Commission shall make a final decision on whether to levy the special assessments. Thereafter, the Mayor and City Commission shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments, and shall adjust and equalize the assessments on a basis of justice and right. When so equalized and approved by resolution of the Mayor and City Commission, a final assessment roll shall be filed with the Office of the City Clerk, and such assessments shall stand confirmed and remain legal, valid, and binding first liens upon the property against such assessments are made until paid. The Administration recommends adopting the Resolution. Board Recommendation: Financial lnformation: Amount Account Funds:1 2 OBPI Total Financial lmpact Summary: N/A David Ext. 6972 3 & 4\Sunset lsland 3 & 4 utiliiy undergrounding- flGE},IB* 'TEM RI HMIAMIBTACHmrs lo-Z l- lS292 MIAMI BEACH City of Miomi Beoch, lZ0O Convention Cenier Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov CO ISSION MEMORANDUM TO: Mayor Philip Levine and Members the City FROM: Jimmy L. Morales, City Manager DATE: October 21,2015 SUBJECT: A RESOLUTTON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MtAMt BEACH, FLORTDA SETTINQ A PUBLIC HEARING ON DECEMBER 9, 2015 AT 11:00 A.M. FOR THE OWNERS OF THE PROPERTY TO BE ASSESSED WITHIN THE PROPOSED SUNSET ISLANDS 3 & 4 UTILITY IMPROVEMENT DISTRICT OR ANY OTHER INTERESTED PERSONS TO BE HEARD BY THE MAYOR AND CITY COMMISSION AS TO THE PROPRIETY AND ADVISABILITY OF FUNDING THE PLACEMENT UNDERGROUND OF UTILITIES ON SUNSET ISLANDS 3 & 4 WITH SPECIAL ASSESSMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED, FOLLOWING WHICH THE MAYOR AND CITY COMMISSION SHALL MEET AS AN EQUALIZING BOARD TO HEAR AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL ASSESSMENTS AND TO ADJUST AND EQUALIZE THE ASSESSMENTS ON A BASIS OF JUSTICE AND RIGHT. ADMINISTRATION RECOMMEN DATION The Administration recommends adopting the Resolution. BACKGROUND On Octobet 14,2015, the Mayorand City Commission adopted Resolution No.2015-29180, creating, pursuant to Chapter 1 70, Florida Statutes, a special assessment district to be known as the Sunset lslands 3 & 4 Utility lmprovement District (the "District"), for a term of ten (10) years, to fund the placement underground of utilities on Sunset lslands 3 & 4, at an estimated cost of $2,412,398. ANALYSIS Following the adoption of the first Resolution creating the District, and the completion of the preliminary assessment roll, the Mayor and City Commission must, pursuant to Section 170.07, Florida Statutes, adopt a subsequent resolution to schedule a public hearing at which the owners of the properties to be assessed or any other persons interested therein may appear before the Mayor and City Commission and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. The attached proposed Resolution sets a public hearing on December 9,2015 at 1 1:00 a.m., in the Commission Chambers, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. Pursuant to Section 170.07, Florida Statutes, thirty days' notice in writing shall be given to 293 City Commission Memorand um Sunset lslands 3 & 4 - Creation of Special Assessrnent District - Franchise Utility Undergrounding October 21, 2015 Page 2 of 2 each property owner, and the public hearing shall also be advertised by two publications a week apart in a newspaper of general circulation. Following the public hearing, the Mayor and City Commission shall make a final decision on whether to levy the special assessments. Thereafter, the Mayor and City Commission shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments, and shall adjust and equalize the assessments on a basis of justice and right. When so equalized and approved by resolution of the Mayor and City Commission, a final assessment roll shall be filed with the Office of the City Clerk, and such assessments shall stand confirmed and remain legal, valid, and binding first liens upon the property against such assessments are made until paid. CONCLUS!ON The Adminis[ration recommends adopting the Resolution. JM/ETC/#( 294 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA SETTING A PUBLIC HEARING ON DECEMBER 9, 2015 AT 11:00 A.M. FOR THE OWNERS OF THE PROPERW TO BE ASSESSED WITHIN THE PROPOSED SUNSET ISLANDS 3 & 4 UTTLITY IMPROVEMENT DISTRICT OR ANY OTHER INTERESTED PERSONS TO BE HEARD BY THE MAYOR AND CITY COMMISSION AS TO THE PROPRIEry AND ADVISABILITY OF FUNDING THE PLACEMENT UNDERGROUND OF UTILITIES ON SUNSET ISLANDS 3 & 4 WITH SPECIAL ASSESSMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED, FOLLOWING WHICH THE MAYOR AND CITY COMMISSION SHALL MEET AS AN EQUALIZING BOARD TO HEAR AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL ASSESSMENTS AND TO ADJUST AND EQUALIZE THE ASSESSMENTS ON A BASIS OF JUSTIGE AND RIGHT. WHEREAS, presently, on Sunset lslands 3 & 4, utility lines and equipment for electrical, telephone, and cable television services are located overhead; and WHEREAS, the residents of Sunset lslands 3 & 4 have expressed a desire to relocate such utilities underground; and WHEREAS, on October 14,2015, the Mayor and City Commission adopted Resolution No. 2015-29180, which created, pursuant to Chapter 170 of the Florida Statutes, a special assessment district, to be known as the "sunset lslands 3 & 4 Utility lmprovement District," for a term of ten (10) years, to fund the placement underground of utilities on Sunset lslands 3 & 4, at an estimated cost of $2,412,398; and WHEREAS, pursuant to Chapter 170, Florida Statutes, the City must fix a time and place at which the owners of the property to be assessed or any other interested persons may appear before the City Commission and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved; and WHEREAS, following the testimony, the Mayor and City Commission shall make a final decision on whether to levy the special assessments; and WHEREAS, thereafter, pursuant to Chapter 170, Florida Statutes, the Mayor and City Commission shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments on a basis of justice and right. 295 NOW, THEREFORE, BE !T RESOLVED BY THE THE MAYOR AND CITY coMMtsstoN oF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and city Commission hereby set a public hearing on December 9, 2015 at 11:00 a.m., in the Commission Chambers, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, at which the owners of the property to be assessed or any other interested persons may be heard by the Mayor and City Commission as to the propriety and advisability of funding the placement underground of utilities on Sunset lslands 3 & 4 with special assessments, as to the cost thereof, as to the manner of payment therefor, and as to the amount to be assessed against each property so improved, following which the Mayor and City Commission shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and to adjust and equalize the assessments on a basis of justice and right. PASSED and ADOPTED this daY of ATTEST: Rafael E. Granado, City Clerk 2015. Philip Levine, Mayor IppROVEOASTCt FORM & I.AIGUAGE rFoBE(rcur(cN F:\ATTO\KALN\Sunset 3 and 4 Undergrounding of Utilities\Reso setting public hearing for Sunset 3 and 4 Utility lmprovement District.docx 296 THIS PAGE INTENTIONALLY LEFT BLANK 297 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The Recommendation Of The City Manager, Waiving By 5t7'n Vote The Competitive Bidding Requirement, Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3 To The Agreement With Limousines Of South Florida, lnc., Approving Fifteen New Low Floor Trolley Vehicles For The North Beach And Middle Beach Routes For Trolley Operations ln An Amount Not To Exceed $7.880.000 Annuall Key lntended Outcome Supported: Ensure Comprehensive Mobility Addressing All Modes Throughout The City. Supporting Data: As recently indicated in the 2014 City of Miami Beach Community Satisfaction Final Report, citywide Traffic Flow, Parking Availability and Road Conditions have been rated as very poor and appear in a down trend. Additionally, according to the same report, 49o/o of Miami Beach residents would be willino to use local bus circulators as an alternate mode of transoortati Item Summa Financial lnformation : On April 30,2014, the City Commission approved the award of Bid No. 2014-154-SR for Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida, lnc. (LSF), providing for the operation of the existing North Beach Trolley service and included provisions for additional routes at the City's sole discretion. On April 15,2015, as a result of concerns regarding the accessibility of High-Floor trolley vehicles by elderly and disabled persons, the City Commission directed the Administration to use Low-Floor trolley vehicles for the provision of present and future trolley service. ln addition, on June 10,2015 the City Commission approved the Middle Beach Loop and the Collins Link routes. The implementation of the Middle Beach Loop and the Collins Link requires an Amendment to the existing Agreement with LSF. The provisions included in this Agreement provide that the hourly rate shall be negotiated if the change in service is increased or reduced by more than 20%.The addition of these routes would represent an increase of more than 300%, from approximately 23,000 to 94,000 total operating hours per year. During negotiations, the Administration focused on reducing the hourly rate based on LSF's savings on fixed overhead costs (e.9. facilities, security, admin, etc.) as a result of the substantial increase in the number of operating hours (economies of scale). The Administration also focused on the decrease in fuel prices over recent months, pursuant to the index adjustment provided in the contract. The last significant point of focus was the increase in hourly rate due to the change from ln-Step trolley vehicles to low-floor (which doubles capital investment by LSF). LSF, however, raised concerns about potential unforeseen costs that may result from the operation and maintenance of the new Low-Floortrolley vehicles. LSF advised that the proposed hourly rate for the Low-Floor vehicle option includes an added cost due to potential "unforeseen/unknown conditions". LSF does not have experience with the operation and maintenance of the proposed vehicles given that Low-Floor trolleys were introduced in the market in 2015. LSF has provided little to no documentation to support the higher maintenance costs, in particular, information to substantiate the "unforeseen" costs included in this hourly rate. The initial hourly rate proposed by LSF for low floor trolley vehicles was $82.33 prior to negotiations. The final hourly rate proposed by LSF is $78.39, a decrease in the annual cost of $329,000. LSF proposed that two (2) additional trolley vehicle options be considered (i.e., a High-Floor/ln-Step Lift trolley vehicle option and a Modified/'Kneeling' High-Floor/Rear-End Lift trolley vehicle option). With all vehicle options, the City was not able to review supporting documentation for a charge in the fuel rate calculation proposed by LSF. ln addition, the proposed rates did not reflect any significant economies of scale for the increased hours. However, LSF's hourly rate for the bid in April 2014 was approximately $18.00 less than the second bidder and LSF is the only turnkey trolley operator in Miami-Dade County at this time. RECOMMENDATION Pursuant to the City Commission motion on April 15,2015 directing the Administration to use low-floor trolley vehicles for the existing and future trolley routes in the City, the attached Resolution approves and authorizes the Mayor and City Clerk to execute Amendment No. 3 to the Agreement between the City and LSF for the addition of the Middle Beach Trolley routes and service plan using low-floor trolley vehicles at a cost of $7,880,000 annually. However, given the $1 ,1 80,000 annual cost differential between the use of low-floor vehicles and high-floor vehicles, the Administration suggests that the Commission consider the use of the modified/'kneeling' high-floor trolley vehicles. Further, as an alternative, should the City Commission believe that low-floor trolley vehicles for the service are critical, the Commission may elect to consider issuing a bid forthe Middle Beach Loop and Collins Link. Please note that issuing a bid for the Middle Beach routes will delay implementation of the Middle Beach Loop and Collins Link by approximately 3 - 4 months and, fu(her, there is a possibility that LSF may be the only bidder and/or that the resulting hourly rates may be higher than those LSF at this time. Board Source of Funds:Amount Account $6,052,000 FY 2015/16; 106-9615-000349 Transportation Fund J\t-)$1,828,000 FY 2015/16 1 87-6300-000349 PTP Fund \ Total | $7,880,000 MIAMIBEACH,b - R1I /0-2/-t,f298 r.-,.-" I-'i- City of }liomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139 www. m iomibeochfl.gov SSION MEMORANDUM TO: Mayor Philip Levine and Mem the City FROM: Jimmy L. Morales, City Manager DATE: October 21,2015 SUBJECT:A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, ACCEPTING THE REGOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT, DATED MAY8,2014, BETWEEN THE CITYAND LIMOUSINES OF SOUTH FLORIDA, !NC., FOR TURN.KEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEAGH; SAID AMENDMENT INCREASING THE SCOPE OF THE AGREEMENT TO INCLUDE THE FOLLOWING: (1) THE ADDITION OF THE OPERATION AND MAINTENANCE SERVICES FOR TWO NEW ROUTES tN MTDDLE BEACH (THE MTDDLE BEACH LOOP AND THE GOLLINS LtNK); (2) THE ADDTTTON OF FTFTEEN (15) NEW LOW FLOOR TROLLEY VEHICLES FOR THE OPERATION OF THE NORTH BEACH AND MIDDLE BEACH ROUTES; (3) A NEGOTIATED NEw HOURLY RATE COMMENSURATE WITH THE COST OF SAID NEW TROLLEY VEHICLES AND THE ADDITIONAL SERVICES FOR THE NEW MIDDLE BEACH ROUTES; (4) THE EARLY EXERCISE OF THE TwO (2) RENEWAL OPTIONS, EXTENDING THE AGREEMENT TERM THROUGH MAY 7, 2021; (5) lN ADDTTTON TO THE TERM PROVIDED !N SUBSECTTON (4) OF THIS RESOLUTION, FURTHER EXTENDING THE TERM, AS TO EACH ROUTE, TO TNCLUDE A FULL StXTy (60) MONTH TERM, GOMMENCTNG AS OF THE ROLL.OUT DATE OF ALL THE NEW TROLLEY VEHIGLES FOR EACH RESPECTIVE ROUTE; (6) AUTHORIZING THE clTY MANAGER TO APPROVE THE PURCHASE OF ADDITIONAL OPTIONAL EQUIPMENT FOR THE TROLLEY VEHICLES IN THE CITY FLEET, AS MAY BE NEEDED IN THE ADMI N ISTRATION'S DISC RETION, SU BJ ECT TO F U N DING AVA! LAB! LITY; AND (7) ANY ADDTTTONAL MODTFTCATTONS DEEMED NECESSARY By THE ADMINISTRATION WITH RESPECT TO THE ADDITIONAL SCOPE CONTEMPLATED BY THE AMENDMENT; SAID AMENDMENT INCREASING THE COST OF THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $7,880,000 ANNUALLY. 299 Commission Memorandum - Amendment No. 3 to Turnkey Trolley Operations and Maintenance Services Agreement October 21,2015 Page 2 of 8 BAGKGROUND On April 30,2014, the City Commission approved the award of lnvitation to Bid (lTB) No. 2014-154- SR for Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida, lnc. (LSF). Following the approval of the lTB, an Agreement between the City and LSF was executed on May 8, 2014. This ITB allowed for the operation of the existing North Beach Trolley service and included provisions for additional routes at the City's sole discretion. On October 22,2014, the City Commission made a motion directing the Administration to proceed with planning and developing a Middle Beach Trolley route and service plan as part of a citywide i ntercon nected trol ley system. On April 15,2015, as a result of some concerns from the Administration regarding the accessibility of High-Floortrolley vehicles by elderly and disabled persons and the impact on headways, the City Commission passed a motion directing the Administration to use Low-Floor trolley vehicles for the provision of present and future trolley service. At this meeting, the City Commission also referred the Middle Beach Trolley route and service plan to the Neighborhood/Community Affairs Committee (NCAC) for discussion. On May 29,2015, the Administration presented a proposed Middle Beach Loop and the Collins Link routes and service plans to the NCAC. The Committee passed a motion recommending the approval of the proposed Middle Beach Trolley route and service plan (as presented by the Administration) which was subsequently approved by the City Commission on June 10,2015. At the same time, the City Commission authorized the Mayor and City Clerk to execute lnterlocal Agreements with Miami-Dade County for the operation of two (2) municipal circulator routes. The proposed trolley routes and lnterlocal agreements were subsequently approved by Miami-Dade Transit (MDT), the County's Transit Services and Mobility Committee (TSMC) on August 26,2015, and the Board of County Commissioners (BCC) on September 1, 2015 after concluding that the City's proposed trolley routes would not have an adverse impact on the existing MDT bus service. The documents have been executed and have been filed with the City Clerk's office. ANALYS!S Low-Floor Trolley Vehicles (No-Lift) As the Administration reported to the City Commission at its January 10, 2015 meeting, the implementation of the Middle Beach Trolley routes (Middle Beach Loop and Collins Link) requires an Amendment to the existing Agreement with LSF, which was executed based solely on the North Beach Trolley route. However, the Agreement includes provisions that allow for the addition of routes at the City's discretion. The provisions included in this Agreement also indicate that the hourly rate shall be negotiated if the change in service is increased or reduced by more than 20%. lt is important to note that the addition of the Middle Beach Loop and Collins Link would reoresent an increase of more than 300%. from approximatelv 23.000 to 94.000 total operatino hours per vear. The negotiations between the Administration and LSF focused on reducing the current hourly rate for LSF's overhead costs (e.9. facilities, security, administration, supervision, etc.) due to economies of scale resulting from the proposed increase in total number of operating hours. The Administration also focused on reducing the hourly rate based on savings on fuel as oil prices have dropped significantly within the last twelve (12) months. The current Agreement includes provisions for adjustments in the hourly rate when fuel price fluctuations are greater than 10%. The fuel index included in the contract has declined 49.5o/o since contract execution. The hourly rate provided by LSF in April 2014 for the fuel component of the rate was $9.60. 300 Commission Memorandum - Amendment No. 3 to Turnkey Trolley Operations and Maintenance Services Agreement October 21,2015 Page 3 of 8 The last focus of negotiation was the increase in hourly rate due to the change in vehicle type from the current ln-Step trolley vehicles to Low-Floor vehicles. This component represented a significant change as the capital cost of each Low-Floor trolley vehicle is nearly double the cost of an ln-Step trolley vehicle. As stated above, Low-Floortrolley vehicles were recommended by City Commission for an hourly rate not to exceed $79.91 per hour (15% above the current hourly rate). An hourly rate for operation of trolley services in both North and Middle Beach with new Low-Floor vehicles was proposed by LSF and is presented below. For the low-floor trolley service LSF will purchase fifteen (15) new Low-Floor trolley vehicles in addition to the existing five (5) High-Floor ln-Step trolley vehicles currently providing service in North Beach. The existing five (5) North Beach trolley vehicles would serve as spares for the entire fleet (North Beach and Mid Beach) while the proposed fifteen (15) trolley vehicles would be used to operate the North Beach Loop and the Middle Beach Loops. It is important to note that during the negotiations between the Administration and LSF for the addition of the Middle Beach Loop and the Collins Link to the existing Agreement, LSF raised concerns about manufacturerwarranty being voided due to after-market modifications to the vehicle chassis as well as potential unforeseen costs that may result from the operation and maintenance of the new Low-Floor trolley vehicles. ln particular, LSF expressed concerns with the reduced useful life of the tires due to the vehicle's lower suspension. Due to these stated concerns, LSF advised that the proposed hourly rate for the Low-Floor vehicle option includes an added cost due to potential "unforeseen/unknown conditions". lt is important to note that LSF has not had experience with the operation and maintenance of the proposed vehicles given that Low-Floor trolleys were introduced in the market in2015. Additionally, LSF has provided little to no documentation to support the higher maintenance costs, in particular, information to substantiate the "unforeseen" costs included in the hourly rate for low-floor trolley vehicles. The initial hourly rate proposed by LSF for lowfloortrolley vehicles was $82.33 priorto negotiations. The final hourly rate proposed by LSF is $78.39, representing a decrease in the annual cost of $329,000. Despite this decrease, the Administration continues to have the following concerns: 1. While the LSF-proposed hourly rate includes a fuel adjustment, LSF has subsequently informed the City that the $9.60 hourly rate currently in effect included additives, fueling personnel, and maintenance-related costs in addition to fuel, and that the fuel component was really only $5.24 per hour. ln addition, LSF's proposed rate includes a contingency factor of 9% of fuel cost in case fuel prices increase. As a result, even if the City were to continue with the existing service, the fuel decrease proposed by LSF is $2.58 instead of $4.75 (i.e., $9.60 x49.5o/o). While LSF has explained the components to staff, staff has not been able to review or verify any supporting documentation. 2. Similarly, LSF has explained that they believe they will have increased costs due to the expanded fleet (e.9., storage facilities, increased supplies, etc.), thereby offsetting any overhead savings. However, without review of supporting documentation, the City cannot verify the costs. 3. The final hourly rate proposed by LSF for service using low-floor trolley vehicles is $78.39. This rate is $12.58 higherthan the service using eithertype of high floortrolleyvehicle. While the City concurs that these vehicles have increased maintenance and fuel costs and are more expensive to purchase, staff was not provided with supportive documentation for review. Nonetheless, it is worth noting that when the lnvitation to Bid for Turnkey Trolley Operations and Maintenance Services was issued in April 2014, LSF's hourly rate ($69.49) was approximately $tA 301 Commission Memorandum - Amendment No. 3 to Turnkey Trolley Operations and Maintenance Services Agreement October 21,2015 Page 4 of 8 lower than the second bidder (MV Transportation); although, MV Transportation bid on a more expensive high floor trolley vehicle. Further, LSF is the only entity operating full turn-key trolley service in Miami-Dade County at this time and it is possible that if the City were to rebid these services, the hourly rate could be higher than LSF's proposed rates. As an example, the City of Miami Gardens recently entered into a contract with LSF for full turnkey trolley services at an hourly rate of $72.40 which is $2.91 higher than our current rate for the same type of high floor trolley vehicle. Due to the concerns expressed by LSF with regards to Low-Floor trolley vehicles, LSF proposed that two (2) additional trolley vehicle options be considered by the City (i.e., a High-Floor/ln-Step Lift trolley vehicle option and a Modified/'Kneeling' High-Floor/Rear-End Lift trolley vehicle option). Below are the initial (prior to negotiations) and final hourly rates proposed by LSF for each option. lmages of each vehicle option are depicted in Attachment B. Option 1 - Existing High-Floor/ln-Step Lift Trolley Vehicles This option includes the purchase by LSF of fifteen (15) new High-Floor/ln-Step trolley vehicles (same type of vehicle currently used for the North Beach Loop) in addition to the existing five (5) vehicles currently providing service in North Beach. The existing five (5) North Beach trolleyvehicles would serve as spares for the entire fleet (North Beach and Middle Beach) while the proposed fifteen (15) trolley vehicles would be used to operate the North Beach Loop and the Middle Beach Loops. The initial hourly rate proposed by LSF for this vehicle option was $69.49 prior to negotiation. The final hourly rate proposed by LSF is $65.81. Option 2 - Modified/"Kneeling" High-Floor/Rear-End Lift Trolley Vehicle This option includes the purchase by LSF of fourteen (14) new High-Floor/Rear-Lift "kneeling" trolley vehicles in addition to the existing five (5) High-Floor/in-step lift trolley vehicles currently providing service in North Beach. Four (4) of the existing five (5) North Beach Trolley vehicles would serve as spares for the entire fleet while the new fourteen (14) vehicles and one (1) of the existing North Beach Trolley vehicles would be used to operate the expanded service (North Beach Loop and the Middle Beach Loops). The initial hourly rate proposed by LSF for this vehicle option was $69.49 prior to negotiations. The final hourly rate proposed by LSF is $65.81. COMPARISON OF PROS AND CONS FOR EACH TROLLEY VEHICLE OPTION Below is a list of pros/cons developed by Transportation Department staff for each of the trolley vehicle options presented by LSF. Low-Floor Trolley Vehicle (No-Lift) According to the TCRP Report 41, Chapter 2, of the Transportation Research Board titled "New Design and Operating Experiences with Low-Floor Buses", sponsored by the Federal Transit Administration (FTA), the following major pros and cons were identified by transit agencies (nationwide) using Low-Floor vehicles: Pros. lmproved accessibility for all. Positive impact on ridership. lmproves customer's perception of service and reliability. Encourages use by disable patrons . lmproves maneuverability (steering/handling) . Much less cost of maintenance for access equipment (ramp) 302 Commission Memorandum - Amendment No. 3 to Turnkey Trolley Operations and Maintenance Services Agreement October 21,2015 Page 5 of 8 o 5 to 6 times less road-calls/breakdowns for access issues. Minimal changes to maintenance facilities required. Better driver eye contact with passengers Cons. Reduced seating capacity as compared to the same size High-Floor vehicle. Roughly 20 o/o shorter life of tires. Some agencies identified sporadic wheel damage. Higher capital cost of vehicle Option 1 - Existing High-Floor/ln-Step Lift Trolley Vehicle Proso Lower capital cost of vehicle. LSF's familiarity with operation and maintenance of the vehicle Conso Frequent lift breakdowns. Delays in service due to breakdowns or accessibility issues. Perceived as inconvenient and unsafe by disable and elderly passengers Option 2 - Modified/Kneeling High-Floor/Rear-End Lift Trolley Vehicle Proso Lowest capital cost of vehicle. LSF's familiarity with operation and maintenance of the vehicleo Modified step raiser (partially enhanced access) Cons. Frequent lift breakdownso Delays in service due to breakdowns or accessibility issueso Perceived as inconvenient and unsafe by disable and elderly passengers . ADA passenger sits at rear of vehicle (out of reach/unattended)o Adversely impacts interior vehicle aestheticso Consumes interior space in the rear of the vehicle (less leg room) Additionally, staff found that currently more than 90% of the vehicles used for transit service in the nation (including Miami-Dade Transit) are low-floor vehicles. lt is important to note that most transit agencies use low-floor buses. Only a handful of transit agencies use trolley vehicles and even fewer have low-floor trolley vehicles since this type of vehicle was only recently introduced in the market. The cities of Coral Gables and Virginia Beach have recently purchased low-floor trolley vehicles and both cities have indicated to staff that they are pleased with the performance of their new vehicles. Staff also looked into the lift-related breakdowns and deployments on the City's existing North Beach Trolley and Alton-West Trolley service. Staff found that from April to August 2015, the North Beach Trolley service, which operates with High-Floor trolley vehicles with in-step hydraulic lifts, experienced an average of 108 lift deployments per month. lf we consider that every lift deployment can potentially delay the affected trolley for nearly ten (10) minutes, the total amount of lost service hours can escalate to 18 hour or more per month. ln addition, staff noted that, on average, five (5) to seven (7) lift-related malfunctions occur each month on the North Beach Trolley service. It has been documented that each lift malfunction delays the impacted vehicle by approximately 30 minutes and often requires an LSF supervisorto drive to the location of the affected trolley vehicle and repairthe 303 Commission Memorandum - Amendment No. 3 to Turnkey Trolley Operations and Maintenance Services Agreement October 21,2015 Page 6 of 8 malfunctioning in-step lift. lt is important to note that in addition to the loss of service hours, the delavs caused by lift deplovments and lift malfunctions also have a sionificant impact on the advertised headways. ln regards to the Alton-West trolley, which uses a rear-end hydraulic lift, staffs analysis showed that, on average, this service reported ten (10) deployments per month. However, staff has found this type of lift to be often non-functional when inspected. The City of Miami also uses this type of lift on its trolley vehicles, and staff from the City of Miami has also reported experiencing significant issues with this type of lift. The use of high floor vehicles versus low floor vehicles for the expanded trolley service was discussed at the Transportation, Parking, and Bicycle-Pedestrian Facilities Committee on October 12,2015. At the meeting, the Committee recommended the use of low-floor trolley vehicles while recognizing the higher cost associated with this type of vehicle. Regardless of the vehicle option selected, upon approval of the Amendment by the City Commission, LSF will have all necessary guarantees to order vehicles for the operation of the Middle Beach Loop and Collins Link routes. lt is important to note that upon ordering the trolley vehicles, the manufacturing and delivery of the vehicles may take from four (4) - nine (9) months depending on the type of trolley vehicle selected and the current level of demand experienced by the manufacturer once the order is submitted. The Administration will work with trolley manufacturer to expedite the manufacturing and delivery of the trolley vehicles to the extent possible. The following material changes to the current Agreement with LSF will be included in Amendment No.3: 1. Performance Penalties - Given that performance penalties are currently based on the number of vehicles and operating hours, the daily fee cap will be adjusted proportionally to the groMh in fleet and hours of operation. 2. New Vehicles - Depending on the vehicle option approved by City Commission, the proposed Amendment will include provisions for the purchase by LSF of trolley vehicles required for the operation of the following three (3) routes. North Beach Loop, Collins Link, and Middle Beach Loop at the desired service headways of approximately 10 minutes. Additionally, this provision will require that the existing High-Floor/ln-Step trolley vehicles currently operating in North Beach serve as spare vehicles forthe expanded trolley service. 3. Vehicle Ownership - Ownership of vehicles at the end of the contract term is not currently addressed in the Agreement. A provision addressing the ownership of the vehicle at the end of the contract term will be included in this Amendment. The hourly rate proposed by LSF for each of the (3) vehicle options presented herein are based on LSF providing a credit (built into the hourly rate) to the City of approximately $20,000 per high-floor trolley vehicle and $50,000 for low-floor trolley vehicle for the residual value of each vehicle at the end of the contract term and LSF owning the vehicles at the end of the contract term. 4. Optional Equipment - Currently, the Agreement includes a provision for the purchase and installation of "optional equipment" at the City's sole discretion at a not-to-exceed cost of $200,000. This Amendment will include a provision giving authority to the City Manager to increase the cap as needed in order to secure the purchase and installation of optional equipment for new vehicles and service including, but not limited to, the GPS trackers, modems automatic passenger counters, monitors, and automated voice information systems. The increase will be subject to budget availability. 5. Hourly Rate - The current hourly operating rate of $69.49 is based on LSF providing 23,360 304 Commission Memorandum - Amendment No. 3 to Turnkey Trolley Operations and Maintenance Services Agreement October 21,2015 Page 7 of 8 hours per year of turnkey trolley service for the North Beach Loop using four (4) High- Floor/ln-Step trolley vehicles (plus one spare trolley vehicle). The Amendment will include the final hourly rate proposed by LSF of $78.39 for low-floor trolleys. Additionally, a provision addressing the commencement date of the new hourly operating rate will be included in the Amendment. 6. Term - Given that LSF's hourly operating rate is based on a 60-month vehicle amortization schedule, and since the delivery of trolley vehicles may take as much as nine (9) months from the time the order is placed, thereby extending the contract term beyond all approved renewal terms, the Administration is recommending that the City Commission waive competitive bidding for the period of time required to guarantee a minimum of 60-month operation with the negotiated hourly operating rate, in orderto ensure LSF receives a return on its investment. 7 . lnsurance and Performance Bond - Currently, the cost of these two items are included in the current hourly operating rate of $69.49 for the North Beach Trolley. The Administration recommends that the proposed Amendment include language providing for the City to pay LSF for these costs as a pass-through/direct reimbursable (actual cost to be provided separately by LSF). This modification is intended to result in a lower hourly operating rate based on current actual costs paid by LSF for insurance and performance bond. FISCAL IMPACT Cost - lf approved by the City Commission, this Amendment will result in the implementation of two (2) newtrolley routes (the Middle Beach Loop and Collins Link) in addition to the continuation of the existing North Beach Loop. A breakdown of the annual operating costs for each vehicle option has been included in the table below. For comparison purposes, it should be noted that the annual operatino cost (1.) of the existinq North Beach Loop is approximately $1.630.000. Should the City Commission wish to consider the use of high-floor trolley vehicles for the service, the followin costs would be a Annual Gosts Applicable to Amendment No. 3 (Based on final hourly rates proposed by LSF) Low-Floor (No-Lift) Annual Costs Applicable to Amendment No. 3 (Based on final hourly rates proposed by LSF) 305 Commission Memorandum - Amendment No. 3 to Turnkey Trolley Operations and Maintenance Services Agreement October 21,2015 Page 8 of 8 Funding Source - Funding for the above costs will be provided from the Transportation Fund and People's Transportation Plan (PTP) Fund as included in the FY2O15I16 budget. The City's Trolley budget for Fiscal Year 2015/'16 has been calculated based on an anticipated turnkey hourly rate of $76.00 and has been recommended by the Finance and Citywide Projects Committee (FCWPC) and accepted by the Mayor and City Commission. lt is important to note that the final hourly rate proposed by LSF for service with Low-Floor vehicles is $2.39 per hour higher than budgeted. However, a maximum hourly rate of $79.91 (15% increase over the current hourly operating rate of $69.49) has been approved by the City Commission for the implementation of citywide trolley services with new Low-Floor vehicles. Should the City Commission wish to move fonryard with the Low-Floor option presented in this memo (final hourly rate proposed by LSF of $78.39), the Administration would use funding currently allocated to the proposed South Beach Trolley which will not start operations at the beginning of the fiscal year as originally budgeted. The City is currently in discussions with the County on the proposed route for the South Beach Trolley which is anticipated to be implemented later in the fiscal year. RECOMMENDATION Pursuant to the City Commission motion on April 15,2015 directing the Administration to use low- floor trolley vehicles for the existing and future trolley routes in the City, the attached Resolution approves and authorizes the Mayor and City Clerk to execute Amendment No. 3 to the Agreement between the City and LSF forthe addition of the Middle Beach Trolley routes and service plan using low-floor trolley vehicles at a cost of $7,880,000 annually. However, given the $1 ,180,000 annual cost differential between the use of low-floor vehicles and high-floor vehicles, the Administration suggests that the Commission consider the use of the modified/'kneeling' high-floor trolley vehicles. Further, as an alternative, should the City Commission believe that low-floor trolley vehicles for the service are critical, the Commission may elect to consider issuing a bid for the Middle Beach Loop and Collins Link given that LSF does not have experience with the operation of low-floor trolley vehicles and staff cannot provide supportive analysis for the hourly rate proposed by LSF for operation of low-floor trolley vehicles. Please note that issuing a bid for the Middle Beach routes will delay implementation of the Middle Beach Loop and Collins Link by approximately 3 - 4 months and, further, there is a possibility that LSF may be the only bidder and/or that the resulting hourly rates may be higher than those proposed by LSF at this time. Attachments: A. Route map and service plan for Middle Beach Loop and Collins Link B4[mages of vehicle options proposed by LSF ,rr,*fu,w T:\AGENDA\201S\October 14\Amendment No3 to Tumkey Trolley Operations and Maintenance Services Agreement MEMO.doc 306 2 ,," 'ii It a g. t Attachment A COLLINS LINK: Frequency - 10-15 Minutes Number of Vehicles - 5 Direction - Counterclockwise Lenght - 6 Miles MIDDLE EEACH LOOP: Frequency - 10-15 Minutes Number of Vehicles - 6 Direction - Counterclockwise Lenght - 8 Miles Proposed Middle Beach Loop (Phase Proposed Collins Link (Phase ll) Potential Connection to Publix Parking Garage Parking Lot !q.4 ^i" "i "z ... ,"" r, "ralq...i"- sr i*MIDDLE BEACH TROLLEY 307 Attachment B Lo\M-Floor (No-Lift) lnterior Exterior 308 Attachmernt B High-FIoor (l n-Step Lift) Exterior !nterior 309 Attachment B High-FIoor (Rear-End Lift) Exterior lnterior 310 Attachment B Ramp Hydraulic Lift 311 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER AND WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT, DATED MAY 8, 2014, BETWEEN THE CITY AND LIMOUSINES OF SOUTH FLORIDA, INC., FOR TURN-KEY OPERATIONS AND MAINTENANCE SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH; SAID AMENDMENT INCREASING THE SCOPE OF THE AGREEMENT TO INCLUDE THE FOLLOWING: (1) THE ADDITION OF THE OPERATION AND MAINTENANCE SERVICES FOR TWO NEW ROUTES tN MTDDLE BEACH (THE MTDDLE BEACH LOOP AND THE COLLTNS L!NK); l2l THE ADDTTTON OF FTFTEEN (15) NEW LOW-FLOOR TROLLEY VEHIGLES FOR THE OPERATION OF THE NORTH BEAGH AND MIDDLE BEACH ROUTES; (3) A NEGOTIATED NEW HOURLY RATE COMMENSURATE WITH THE COST OF SAID NEW TROLLEY VEHICLES AND THE ADDITIONAL SERVICES FOR THE NEW MIDDLE BEAGH ROUTES; (4) THE EARLY EXERCISE OF THE Two (2) RENEWAL oPTloNS, EXTENDING THE AGREEMENT TERM THROUGH MAY 7, 2021; (5) lN ADDITION TO THE TERM PROVIDED IN SUBSECTTON (4) OF THIS RESOLUTION, FURTHER EXTENDING THE TERM, AS TO EACH ROUTE, TO INGLUDE A FULL SIXTY (60) MONTH TERM, COMMENCTNG AS OF THE ROLL.OUT DATE OF ALL THE NEW TROLLEY VEHICLES FOR EACH RESPECTIVE ROUTE; (6) AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF ADDITIONAL OPTIONAL EQUIPMENT FOR THE TROLLEY VEHICLES IN THE CITY FLEET, AS MAY BE NEEDED !N THE ADMINISTRATION'S DISCRETION, SUBJECT TO FUNDING AVAILABILIW; AND (7) ANY ADDTTTONAL MODIFICAT|ONS DEEMED NECESSARY BY THE ADM!NISTRATION WITH RESPECT TO THE ADDITIONAL SCOPE CONTEMPLATED BY THE AMENDMENT; SAID AMENDMENT INCREASING THE COST OF THE AGREEMENT, IN AN AMOUNT NOT TO EXCEED $7,880,000 ANNUALLY. WHEREAS, on April 30,2014, the City Commission approved the award of lnvitation to Bid (lTB) No.2014-154-SR for Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida, lnc. (LSF), and following the approval of the lTB, an Agreement between the City and LSF was executed on May 8, 2014; and WHEREAS, this ITB allowed for the operation of the existing North Beach Trolley service and included provisions for the addition of routes at the City's sole discretion and subsequent re-negotiation of hourly rates if change in service increased or decreased by more than 20%; and WHEREAS, on October 22, 2014, the City Commission made a motion directing the Administration to proceed with planning and developing a Middle Beach Trolley route and service plan as part of a citywide interconnected trolley system; and WHEREAS, on April 15,2015, the City Commission directed the Administration to use Low-Floor vehicles for the provision of present and future trolley services and also referred the Middle Beach Trolley route and service plan to the Neighborhood Community Affairs Committee (NCAC) for a recommendation; and 312 WHEREAS, on May 29,2015, the Administration presented the proposed Middle Beach Loop and Collins Link routes to the NCAC, which Committee recommended the approval of said routes and service plans, and directed the Administration to secure the approval of the City Commission; and WHEREAS, on June 10,2015, the City Commission passed a resolution accepting the recommendation of the NCAC regarding the proposed Middle Beach Trolley Routes and service plans and which authorized the Mayor and City Clerk to execute Interlocal Agreements with Miami-Dade County for the operation of two municipal circulator routes: the Middle Beach Loop and the Collins Link; and WHEREAS, the proposed trolley routes and lnterlocal agreements were subsequently approved by Miami-Dade Transit (MDT), the County's Transit Services and Mobility Committee (TSMC) on August 26, 2015, and the Board of County Commissioners (BCC) on September 1, 2015 after concluding that the City's proposed trolley routes would not have an adverse impact on the existing MDT bus service; and WHEREAS, the lnterlocal Agreements for the Middle Beach Loop and the Collins Link are currently fully executed and in effect; WHEREAS, an Amendment to the existing Agreement between the City and LSF is required based on the addition of the Middle Beach Loop and Collins Link which represent an increase in service of more than 300%, from roughly 23,000 to 94,000 operating hours per year; and WHEREAS, LSF has proposed the following hourly rates in connection with the following three (3) vehicle options for the operation of the North Beach (4 vehicles), the Middle Beach Loop (6 vehicles), and the Collins Link (5 vehicles) routes: Low Floor (No-Lift):includes the purchase of fifteen (15) new trolley vehicles (no-lift), at the rate of $78.39 per operating hour; Existing High-Floor/ln-Step Lift: includes the purchase of fifteen (15) new trolley vehicles, at $65.81 per operating hour; and Modified/Kneeling/H ig h-Floor/Rear End Lift: includes the purchase of fourteen (14) new trolley vehicles and use of one (1) existing North Beach trolley vehicle, at the rate of $65.81 per operating hour; and WHEREAS, funding in the amount of $7,880,000 is budgeted in FY 2015i 16 to cover the anticipated costs of the operation of the North Beach Loop, Collins Link and Middle Beach Loop; and WHEREAS, pursuant to the City Commission motion on April 15, 2015 directing the Administration to use low-floor trolley vehicles for existing and future routes in the City, the Administration recommends executing Amendment No. 3, utilizing the Low-Floor trolley vehicles, which amendment will contain the following essential modifications to the existing Agreement, subject to final negotiations. 1. Performance Penalties - Given that performance penalties are currently based on the number of vehicles and operating hours, the daily fee cap will be adjusted proportionally to the grovrrth in fleet and hours of operation. 2. New Vehicles - Purchase by LSF of fifteen (15) new low-floor trolley vehicles required for the operation of the three (3) routes. Additionally, this provision will require that the 313 five (5) existing high-floor trolley vehicles currently operating in North Beach will serve as spare vehicles for the expanded trolley service. 3. Vehicle Ownership - A provision clarifying that LSF shall own the new trolley vehicles at the end of the term or early termination of the Agreement, as the negotiated hourly rate already includes a credit of $50,000 per vehicle, for the residual value of the Modified/Kneeling/High-Floor trolley vehicles. 4. Optional Equipment - Currently, the Agreement includes a provision for the purchase and installation of "optional equipment" at the City's sole discretion at a notto-exceed cost of $200,000. This Amendment will include a provision giving authority to the City Manager to increase the cap as needed in order to secure the purchase and installation of optional equipment for new vehicles and service including, but not limited to, the GPS trackers, modems automatic passenger counters, monitors, and automated voice information systems. The increase will be subject to budget availability. 5. Hourly Rate - The current hourly operating rate of $69.49 is based on LSF providing 23,360 hours per year of turnkey trolley service for the North Beach Loop using four (4) High-Floor/ln-Step trolley vehicles (plus one spare trolley vehicle). The Amendment will include the final hourly rate proposed by LSF of $78.39 for low-floor trolleys. Additionally, a provision addressing the commencement date of the new hourly operating rate will be included in the Amendment. 6. Term - Given that LSF's hourly rate is based on a 60-month term and that the delivery of trolley vehicles may take as much as nine (9) months, the contract term would need to be extended past the current initial term and available renewal terms. The 60-month term for each respective route would begin when the entire fleet for a particular route is ready to roll out, therefore each route would have a separate term. 7. lnsurance and Performance Bond - Currently, these two items are built-into the existing hourly operating rate. The amendment will provide that, at the option of the City, the City may opt to pay the insurance and performance bond components of the hourly operating rate as a pass-through, as an option to possibly reducing the hourly rate during the term; and WHEREAS, the City Manager recommends that the City Commission waive, by a 5t7th vote, the competitive bidding requirement, finding said waiver to be in the best interest of the City, in that, by guaranteeing that LSF may amortize its investment over the minimum 60-month term, the City will be guaranteed the lower negotiated hourly operating rate. NOW, THEREFORE, BE IT 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 and waive, by 5t7th vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City, and approve and authorize the Mayor and City Clerk to execute Amendment No. 3 to the Agreement, dated May 8,2014, between the City and Limousines of South Florida, lnc., for Turn-Key Operations and Maintenance Services of a Municipal Trolley System for the City of Miami Beach; said Amendment increasing the scope of the Agreement to include the following: (1) the addition of the operation and maintenance services for two new routes in Middle Beach (the Middle Beach Loop and the Collins Link); (2) the addition of fifteen (15) new low-floor trolley vehicles for the operation of the North Beach and Middle Beach routes; (3) a negotiated new hourly rate commensurate with the cost of said new trolley vehicles and the additional services for the new Middle Beach routes; (4) the early exercise of the two (2) renewal options, extending the Agreement term through May 7, 2021; (5) in addition to the term provided in subsection (4) of this Resolution, further extending the term, as to each route, to include a full sixty (60) month term, commencing as of the roll-out date of all the new trolley vehicles for each respective route; 314 (6) authorizing the City Manager to approve the purchase of additional optional equipment for the trolley vehicles in the City fleet, as may be needed in the administration's discretion, subject to funding availability; and (7) any additional modifications deemed necessary by the Administration with respect to the additional scope contemplated by the Amendment; said Amendment increasing the cost of the Agreement, in an amount not to exceed $7,880,000 annually. PASSED and ADOPTED this day of October, 2015. ATTEST: PHILIP LEVINE, MAYOR RAFAEL E. GRANADO, GITY CLERK APPROVED AS TO FORM & LANGUAGE & FOI{ExECuy'grlt( t 1li,L,LJ l N,///2,,1 - City Attorney / Pbte Agenda/October 1 4, 20 1 S/Transportation/Amendment Services Agreement RESO for low-floor trolley vehicles .z_____-, No. 3 to Turnkey Trolley Operations and Maintenance 315 R9 NEW BUSINESS AND COMMISSION REQUESTS 316 R9 - New Business and Commission Requests RgA Discussion Regarding 71 lnvestments, LLC Settlement And Release Agreement Between 71 lnvestments, LLC And The City Of Miami Beach Regarding The Property Located At912 71't Street. (Office of the City Attorney) (ltem to be Submitted in Supplemental) Asenda nem R/A Date /0-A/-/S317 THIS PAGE INTENTIONALLY LEFT BLANK 318