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2007-26706 ResoRESOLUTION NO. 2007-26706 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATION OF FUNDS, IN THE AMOUNT OF $7,868,861 (WITH $6,620,786 PARKING IMPACT FEES, FUND 155, AND $1,248,075 FROM PARKING OPERATIONS FUND 480, WITH THE BALANCE OF THE FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED FUNDING FROM FUNDS 480,155, AND 365 IN THE FISCAL YEAR (FY) 2006-2007 CAPITAL BUDGET), AND AWARDING A CONTRACT TO THE TOWER GROUP, PURSUANT TO INVITATION TO BID (ITB) NO. 34- 06/07, FOR THE MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 03 -GARAGE & OFFICE BUILDING COMPLEX, IN THE AMOUNT OF $26,769,000. WHEREAS, on September 10th, 2003, the Mayor and City Commission approved Resolution No. 2003-25332, authorizing the execution of a Development Agreement between the City and the New World Symphony (NWS) for the development and construction of an approximately 50,000 square foot educational, performance and intemet broadcast facility with an exterior screen ("Soundspace"), and an approximately 320 -space (+/-) public parking garage facility; and WHEREAS, on June 29, 2007, the City issued Invitation to Bid No. 34-06/07 (the ITB), for the Multipurpose Municipal Parking Facility (MMPF) located west of City Hall; and WHEREAS, Invitation to Bid No. 34-06/07 for the Multipurpose Municipal Parking Facility Bid Package 03- Garage and Office Building Complex (the ITB) was issued on June 29, 2007; and WHEREAS, on August 20, 2007, the following three (3) bids were received in response to the ITB: The Tower Group $26,769,000; Team Contracting $27,824,000; MCM Group $29,950,000; and WHEREAS, following review of the bids by the City Administration, The Tower Group was determined to be the lowest and best bidder; and WHEREAS, it is the Administration's recommendation, pursuant to the determination of award criteria of lowest and best bid, to award the contract for the Invitation to Bid No. 34-06/07, for the Multipurpose Municipal Parking Facility Bid Package 03 -Garage & Office Building Complex to the Tower Group; and WHEREAS, it is recommended that South Beach Parking Impact Fees be advanced to cover the increased RDA share of the funding that will be reimbursed from future RDA funds, if and when available; and WHEREAS, the Administration herein recommends that the City Commission appropriate certain funding for the MMPF Project, in the total amount of $7,868,861, as follows: $6,620,786 from Parking Impact Fees, Fund 155, and $1,248,075 from Parking Operations Fund 480, with the balance of the funding available from previously appropriated funding from Funds 480, 155, and 365, in the Fiscal Year 2006-2007 Capital Budget. 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 approve and authorize the appropriation of funds in the amount of $7,868,861 (with $6,620,786 from Parking Impact Fees, Fund 155, and $1,248,075 from Parking Operations Fund 480; with the balance of the funding available from previously appropriated funding from Funds 480, 155 and 365 in the Fiscal Year 2006-2007 Capital Budget), and awarding a contract to The Tower Group, pursuant to Invitation to Bid No. 34- 06/07, for the Multipurpose Municipal Parking Facility Bid Package 03 -Garage & Office Building Complex, in the amount of $26,769,000. PASSED and ADOPTED this 21st ATTEST: Ro ,ert Parcher, CITY CLERK of november T:\AGENDA\2007\oct1707\Regular\ITB 34-06-07 MMPF struct o.doc , 2007. d Dermer, Mayor APPROVED AS TO FORM & LANGUAGE FOR - r CUTION 7 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: M -y. ►avid Der - and Members of the City Commission FROM: t. h for a M. Gonzalez, % ity Manager DATE: November 21, 2007 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATION OF FUNDS, IN THE AMOUNT OF $7,868,861 (WITH $6,606,111, FROM PARKING IMPACT FEES, FUND 155, AND $1,262,750 FROM PARKING OPERATIONS FUND 480, WITH THE BALANCE OF THE FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED FUNDING FROM FUNDS 480, 155, AND 365 IN THE FISCAL YEAR (FY) 2006-2007 CAPITAL BUDGET), AND AWARDING A CONTRACT TO THE TOWER GROUP, PURSUANT TO INVITATION TO BID (ITB) NO. 34-06/07, FOR THE MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 03 - GARAGE & OFFICE BUILDING COMPLEX IN THE AMOUNT OF $26,769,000. Attached please find copies of the Commission Item Summary, Commission Memorandum, and Resolution that was deferred at the October 17, 2007 City Commission meeting. The Administration's recommendation to approve and authorize the appropriation of funds, and award a contract to The Tower Group, remains unchanged. Also attached are copies of the City's response to protests filed by Team Contracting, Inc. and MCM Corporation. Accordingly, the Administration and the Office of the City Attorney reviewed the issues raised in the protests letters, responded to said issues, and denied same for the reasons set forth in the attached letters. It is important to note that pursuant to Section 2-371(e) of the Miami Beach City Code (the "Code"); the parties to a protest shall be bound by the determination of the City Manager and City Attorney with respect to an issue of responsiveness. The appeal procedures are set forth in Section 2-371(f) of the Code (and are again set forth in the following paragraph below). MCM and Team Contracting may appeal my decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, in accordance with the applicable court rules. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the appropriation of funds, and award a contract to The Tower Group, as outlined in the October 17, 2007 Commission Memorandum and Resolution. T:WGENDA\2007\nov0707\Regular\ParkingFacilityMemo.doc Agenda Item R7C. Date 11-21-O7 COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving and authorizing the appropriation of funds in the amount of $ 7,868,861; and the request for approval to award a contract to The Tower Group, pursuant to Invitation To Bid (ITB) No. 34-06/07, for the Multipurpose Municipal Parking Facility Bid Package 03 -Garage & Office Building Complex in the amount of $26,769,000. Key Intended Outcome Supported: Ensure well designed quality capital projects. Supporting Data (Surveys, Environmental Scan, etc.): Available parking is ranked #5 by residents as one of the changes that will make Miami Beach a better place to live, work, play or visit; 77% of residents rated availability of parking across Miami Beach as too little or much too little. Issue: I Should th e City Commission adopt the Resolution? Item Summary/Recommendation: The project includes a 32,000 square foot liner office building fronting Meridian Avenue, and the number of parking spaces increased to approximately six hundred and fifty (650). To minimize the impact to the project schedule, the City, in coordination with the Program Manager, developed a construction phasing plan. This phased approach also allowed the additional design and permitting activities associated with the structure to be finalized at the same time that the earlier phases were in construction. The construction of the facility was phased as follows: A) Construction Fencing & Selective Demolition. B) Piling and Retaining Walls. C) Underground Utilities and Remaining Demolition. D) Structure and Site Improvements. E) Tenant Build -Out. The demolition phase was awarded to Tran Construction, Inc., a Job Order Contract (JOC) Contractor, with funding previously appropriated in the Fiscal Year 2006-07 Capital Budget. This work encompassed the clearing of the site to prepare it for the installation of the pilings and has been completed. The piling and retaining walls phase work was awarded to Ebsary Foundation and has been completed. The work for the underground utilities phase, was awarded to Solo Construction Corporation, and is currently in construction. It is expected that the utility work will be completed by December 2007. The cost estimate submitted by the sub -consultant at the 90% design submittal totaled $16,444,333.This estimate included the additional sixth and seventh parking levels. This estimate reflected adjustments to the original cost estimate to account for the addition of the sixth and seven parking levels and adjustment factors for the extraordinary escalating costs of concrete and steel driven by global demand conditions, as well as normal inflation costs. Based on the bid results for the garage structure and the subsequent analysis by the sub -consultant, it is now apparent that the original cost estimate and/or the material and construction escalating cost factors may have been low. The bid results for the structure shown above fall within a tight range, with only a variation of 11.8% between the high and low values. There is also only a 3.9% difference between the two lowest bid values. These variations imply that the bid values are reflective of the current market costs for a project of this magnitude. It is the intention of the Administration to, immediately after the contract is awarded, to initiate a value engineering process with the successful bidder in order to lower the project's construction cost. $4,562,291 in South Beach Parking impact fees are anticipated to be repaid by RDA funds in the future, if and when available. Advisory Board Recommendation: 1 N/A Financial Information: Sourc Amount Account Fun/ 1 $6,620,786 Parking Impact Fees, Fund 155 2 $1,248,075 Parking Operations Fund, Fund 480 Total $7,868,861 Financial Impact Summary: City Clerk's Office Legislative Tracking: Hiram G. Siaba Si . n- • • Department ctor TH TRegular\ITB-34-06-07 Sum sistant City Manager m MIAMIBEACH Approved City Manager AGENDA ITEM R-7 D DATE JI0-17—o7 ab MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: Jorge M. Gonzalez, City Manager DATE: October 17, 2007 COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission ) / SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATION OF FUNDS, IN THE AMOUNT OF $7,868,861 (WITH $6,606,111, FROM PARKING IMPACT FEES, FUND 155, AND $1,262,750 FROM PARKING OPERATIONS FUND 480, WITH THE BALANCE OF THE FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED FUNDING FROM FUNDS 480,155, AND 365 IN THE FISCAL YEAR (FY) 2006-2007 CAPITAL BUDGET) AND AWARDING A CONTRACT TO THE TOWER GROUP, PURSUANT TO INVITATION TO BID (ITB) NO. 34-06/07, FOR THE MULTIPURPOSE MUNICIPAL PARKING FACILITY BID PACKAGE 03 -GARAGE & OFFICE BUILDING COMPLEX IN THE AMOUNT OF $26,769,000. ADMINISTRATION RECOMMENDATION Adopt the Resolution and approve the award of Contract. FUNDING Funding for the Multipurpose Municipal Parking Facility (MMPF) is being appropriated via this memo for the additional expected construction cost, and Art in Public Places and construction management fees, in the total amount of $7,868,861 as follows: $6,606,111 from Parking Impact Fees, Fund 155, and $1,262,750 from Parking Operations Fund, Fund 480. The balance of the funding for this project has been previously appropriated in the FY 2006-2007 Capital Budget from Parking Operations Fund 480, Parking Impact Fees Fund 155 and City Center RDA Capital Fund 365. As per Resolution 2006-26327, it is intended that the RDA funding will cover the cost of the 300 parking spaces in the MPPF associated with the New World Symphony SoundSpace project (releasing an equivalent number of parking spaces at the 17th Street Parking Garage) and the costs of providing additional parking with the sixth and seventh parking levels that were added to the Multipurpose Municipal Parking Facility. This approach is intended to save Parking Impact Fees for construction of additional facilities outside the RDA. There are a total of 651 parking spaces in the MMPF, at an average construction cost of $32,439 per space. The RDA is funding 507 spaces which equals to a contribution of $16,446,725 towards the overall project. Commission Memorandum Invitation to Bid (ITB) No. 34-06/07 Multipurpose Municipal Parking Facility Bid Package 03 - GARAGE & OFFICE BUILDING COMPLEX October 17, 2007 Page 2 of 5 The remaining 144 spaces are to be funded from South Beach Impact Fees ($4,671,259). The liner building construction cost (including the cost of associated Art in Public Places (AIPP) fees and construction management (CM) fees), continues to be funded from Parking Operations Funds ($8,664,918). It is anticipated that these funds will be recovered by rent payments from the various City departments that will occupy the building. However, with the recent adoption of the FY 2007-2008 Capital Budget, all FY 2007-2008 RDA funds have been fully appropriated. Therefore, it is recommended that South Beach Parking Impact Fees be advanced to cover the increased RDA share of the funding that will be reimbursed from future RDA funds, if and when available. Parking Operations Funds are also being increased to cover the full cost of the liner office building component within the Multipurpose Municipal Parking Facility. Total Project Construction Costs are: Site Preparation and Demolition $ 334,454 BP1 Underground Utilities $ 983,500 BP2 Piling & Foundations $ 1,545,767 BP3 Structure and Building (Bid) $26.769.000 TOTAL $ 28,904,490 BP4 Tenant Build -out (TBD) Value Engineering - (TBD) ANALYSIS On September 10, 2003, the Mayor and City Commission approved Resolution No. 2003- 25332, authorizing the execution of a Development Agreement between the City of Miami Beach and the New World Symphony (NWS) for the development of a portion of the surface parking lot, bounded by 17th Street to the North, North Lincoln Lane to the South, Washington Avenue to the East and Pennsylvania Avenue to the West, for construction of an approximately 50,000 square foot educational, performance and internet broadcast facility with an exterior screen ("SoundSpace"), and an approximately 320 -space (+/-) public parking garage facility. In approving the execution of the Agreement, the Commission also directed that the Administration proceed with developing a new Multi -Purpose Municipal Parking Facility (MMPF) on the site of the existing City Hall surface lot. On April 14, 2004, the Mayor and City Commission approved Resolution No. 2004-25543, authorizing the execution of an agreement with the Architect, Perkins and Will (P+W), in an amount of $1,200,788, for the provision of Planning, Architecture, Landscape Architecture, and Engineering Services required to design the Multi -Purpose Municipal Parking Facility project. Following completion of the project's Basis of Design Report (BODR), and subsequent discussions with the community, the Administration, and the City Commission, the scope of the project was expanded to include a 32,000 square foot liner office building fronting Meridian Avenue, and the number of parking spaces increased to approximately six hundred and fifty (650). To minimize the impact to the project schedule, the City, in coordination with the Program Manager, developed a construction phasing plan. This phased approach also allowed the additional design and permitting activities associated with the structure to be finalized at the same time that the earlier phases were in construction. The construction of the facility was phased as follows: Construction Fencing & Selective Demolition. Piling and Retaining Walls. Underground Utilities and Remaining Demolition. Commission Memorandum Invitation to Bid (ITB) No. 34-06/07 Multipurpose Municipal Parking Facility Bid Package 03 - GARAGE & OFFICE BUILDING COMPLEX October 17, 2007 Page 3 of 5 Structure and Site Improvements. Tenant Build -Out. The demolition phase was awarded to Tran Construction, Inc., a Job Order Contract (JOC) Contractor, with funding previously appropriated in the Fiscal Year 2006-07 Capital Budget. This work encompassed the clearing of the site to prepare it for the installation of the pilings and has been completed. The piling and retaining walls phase work was awarded to Ebsary Foundation and has been completed. The work for the underground utilities phase, was awarded to Solo Construction Corporation, and is currently in construction. It is expected that the utility work will be completed by December 2007. The current underground utility installation does not conflict with the construction of the parking garage building. ITB PROCESS Invitation to Bid (ITB) No. 34-06/07 was issued on June 29, 2007. The ITB was downloaded by 73 potential bidders registered with RFP Depot, and 49 potential bidders registered with BidNet. On July 13, 2007, a pre -Bid submission meeting was held to provide all interested contractors with information relative to the project and the City's bidding process. On August 20, 2007, the following three (3) bids were received for the garage and office building complex. The Tower Group $26,769,000 Team Contracting $27,824,000 MCM Group $29,950,000 In addition, The Tower Group was determined by the City's Best Value Procurement process to the best bidder as well as the lowest bidder. The ITB also had advertised the tenant build out as an additional alternate to the garage and office complex. The build -out will be the last phase of the construction and, at this time, no additional funding is being requested to construct this phase. This phase will be bid separately in the future, when a more accurate estimate for the build -out phase can be developed and once a valued engineered estimate for the constriction of the main structure is established. Attached are copies of the following documents relative to The Tower Group's experience and qualifications: 1. List of Reference Projects; 2. Project Staffing Plan; 3. Resumes of Key Personnel; 4. Similar Projects Completed by Tower Group's Team; 5. Past Performance Evaluation Surveys; 6. Risk Assessment Plan; 7. State of Florida Certified General Contractor License; and 8. Miami -Dade County Occupational License. The construction cost estimate submitted by the P+W sub -consultant at the 90% design submittal totaled $16,444,333.This estimate included the additional sixth and seventh parking levels. This estimate reflected adjustments to the original cost estimate to account for the addition of the sixth and seven parking levels and adjustment factors for the extraordinary escalating costs of concrete and steel driven by global demand conditions, as well as normal inflation costs. Commission Memorandum Invitation to Bid (ITB) No. 34-06/07 Multipurpose Municipal Parking Facility Bid Package 03 - GARAGE & OFFICE BUILDING COMPLEX October 17, 2007 Page 4 of 5 In subsequent analysis requested by staff, P+W's sub -consultant verified that the bid prices are comparable to similar completed projects. Their follow up report showed an increase in the cost per square foot not reflected in the adjustments previously applied by the sub consultant to the original estimate. Applying a current estimate of $28,000 per space to the garage portion (651 spaces) results in an estimate of $18 million. Applying a factor of $267 per square foot for the liner building component, results in an estimate of $ 8.5 million, for a combined revised estimate of $26.8 Million for the project, which is comparable to the bids received. The new construction estimate of $32,439 compared to the construction estimate provided by the comparable buildings exceeds the construction cost of the MMPF by approximately $2.9 million which is attributed to the high-end architectural features in the elevations of the MMPF. These features are expected to be reviewed as part of the value engineering. Based on the bid results for the garage structure and the subsequent analysis by the P+W's sub -consultant, it is now apparent that the original cost estimate and/or the material and construction escalating cost factors may have been low. The bid results for the structure shown above fall within a tight range, with only a variation of 11.8% between the high and low values. There is also only a 3.9% difference between the two lowest bid values. These variations imply that the bid values are reflective of the current market costs for a project of this magnitude. It is the intention of the Administration to, immediately after the contract is awarded, to initiate a value engineering process with the successful bidder in order to lower the project's construction cost. CITY'S COMMISSION STANDARD FOR REVIEW Pursuant to Section 2-369 of the Miami Beach City Code, which was incorporated verbatim in the ITB, the City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, the Commission shall consider the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City pursuant to the determination of award criteria of lowest and best bid. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Commission Memorandum Invitation to Bid (ITB) No. 34-06/07 Multipurpose Municipal Parking Facility Bid Package 03 - GARAGE & OFFICE BUILDING COMPLEX October 17, 2007 Page 5 of 5 Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. CONCLUSION The Administration recommends that the Mayor and City Commission approve and authorize the appropriation of funds In the amount of $7,868,861, with $6,606,111, from Parking Impact Fees, Fund 155, and $1,262,750 from Parking Operations Fund 480, with the balance of the funding available from previously appropriated funding from Funds 480, 155, and 365 in the Fiscal Year 2006-2007 Capital Budget; and request for approval to award a contract to The Tower Group, pursuant to Invitation to Bid (ITB) No. 34-06/07, for the Multipurpose Municipal Parking Facility Bid Package 03 -Garage & Office Building Complex in the Amount of $26,769,000. The South Beach Parking Impact Fees will be advanced to cover the increased RDA share of the funding that will be reimbursed from future RDA funds, if and when available. T:\AG E N DA\2007\oct 1707\Reg u la r\I TB -34 -06 -07 -Pa rk i n g Stru ctu re-Fi n a I. d oc SUPPLEMENTAL MATERIALS FOR ITEM R7D: Attached are copies of the following documents relative to the Tower Group, which were omitted from Agenda Item R7D: 1. List of Reference Projects; 2. Project Staffing Plan; 3. Resumes of Key Personnel; 4. Similar Projects Completed by Tower Group's Team; 5. Past Performance Evaluation Surveys; 6. Risk Assessment Plan; 7. State of Florida Certified General Contractor License; and 8. Miami -Dade County Occupational License. List of Reference Projects O() PHONE NUMBER 411 5,100,000.00 5,500,000.00 4,979,116.00 00 000 00 000 ci ci a ci a co c) o o co ht. 0 0 0 0 01 C; Ci Ci tri 00 CO 0 0) ,c1-.. Nr.. •cr. to... gr - CO CD CO ri r: •,- co E9 69 EA 69 CA 11, i, (0 8 8 0) 0 o 5 5 C; 5 0 5 coo 6 6 c3 o 0 0 a a 8 2 T. OS co cv co 1 'a e o co o Lo ca ._ c co e- 0) 01 r-- r7Z 'g.- CD fp .A. 2. ,- O U-- C 'Clt-' 0 73 P C) 76 0 C.) 2 2 c7-3 . 03 0 co ' 4' a) -I o o To o zi.. o WI ).. i ..c.. c c co CO -8 c ... c..) 0a. go 0- . E1)- i3 ,• „ E 1" c12. ,_ .be 1 ? E •3:: ▪ .2 t. E. CD .- CD .- ... ,..Li 8 rti -51 8 8 wm $ 21,869,000.00 $ 11,904,000.00 $ 14,669,000.00 00 0 o o o 0C c:i. EI 8 0 0 co oi 6 r) Id I's cd c4 N 69 CO 64 (r) 10 1... F.--(0 N- o o o 00 c) 3 3 cs z,-- zs 5 co f- 0 0 0 00 0 Elementary School 'I' E ID w Elementary School 'K' 2 8 8 8 8 C 0 0 . 0 0 0 aEc3E(-3-8, cu8`1)L) L) c") 0 2 2 15 ...I— 4...... cr)a, .... c!)(1i, a. _ G. — 7 7 a rg 15, ?, s ...,..s._, c C11 0 4) 0 .Ca.% (007)0V10 O 0 0 OC OC 0°1°1 2 6- aq 2 .000°b() co,(0 co (o cola t" E 003 ( 13 cp.....6 c c E 2 W W uja):(1).(1)(-)Er:3 -g 0 0 c -c - 7 , a. a 0 • ...; ....: .-1 DI = -7 -) -)— 7 — 7 .•• tii cn (0 CO in 0 C9 COI CS ..6 ' 0 CN ' OD 0) I - 0) C? CD 0 0 o 0 N 0 9 0) ,y3. g'. g (7., 0) o(0 h- Lo9 Lh ; 1":" I 1 ri o 0 8 c9. .4- i':-. to - (0(0 in- in c) C9 CV V' CO , co 01 Lr) .- ZE- NN. 0 0 x I-- 0 CNA CI C4 0 0 0 .. CV N N i N,.... I CC It 1••• •,-• ' d)a) cw) 6 a) Ara, F- 0) co cp (i) I gr c? I A .1) 1n 8 N- ,... u,,.. m0 r9v. A Lc) cc) 6 to 0 (0 ;:-.- mc:' 904-819-8155 904-819-8152 904-819-8155 904-819-8152 41) c 41, 8 co • — co z z ▪ E 0 c 32 -L.- 2 u - t5 ID$ o cc c.) (0 .- 44)0 dd CO • CV c)i) att. 0) CI DKG & Asso 305-805-9765 305-805-9066 0 c (r) co c) o o ..- Ac 0 c E % coE 09 o oE '§ 7 7 CV CO 0) (7) ..F.i -#2._ p2 'az .05 .2-= (,) 0) (4) 1 0 0 0 co co 1- o _j3 = = a) co 0 (0 co co a) 0 a. 47) Eo C SC -IL V 113 41) .0 .0 E .c Ls5 2 2 2 2 -8 2 :TC c 4 0- 0 o a.) 00 0 0 0 0 0 0 0 0 0 0 01 V- 0 0 U") CD CO CD N tn v.- V- N" NNNNN 0 0 0 0 0 0 0 0 0 0 0 Project Staffing Plan Project Staffing Plan V. P. of Public Projects- Will oversee the project management team. He will lend advice to the project team based on extensive experience in public projects and make sure that project goals are met. Proiect Manager- Will manage the day to day activities of the project, including managing the project staff. He will be the main point of contact on this project. He will be responsible for meeting and coordinating with the project consultants. He will coordinate with the project Superintendent to make sure that project meets the scheduled milestones. Proiect Engineer- Will manage the project documents, contracts, submittals and shop drawings. He will also be the designated QA/QC officer for this project. He will be responsible for monitoring the quality of materials and workmanship. Proiect Coordinator- Will coordinate the project documents, contracts, submittals and shop drawings and update the project logs accordingly. Will be responsible for assuring that project records are managed and accessible. Proiect Superintendent- Will manage the daily construction operations on-site. He will coordinate and schedule the subcontractors and inspections. He will oversee the project foreman and deliveries. He will make sure that the project meets or exceeds set project standards and local and state code requirements. He will make sure that the project meets all scheduled milestones. Proiect Foreman- Will manage The Tower Group Inc construction labor forces particularly related to the construction of the building shell. He will also coordinate labor forces of other trades, make recommendations to the project superintendent as to crew sizes of other trades, and inject Tower Group labor forces when needed. Resumes of Key Personnel THE TOWER GROUP General Contractors Construction Management CARLOS ARDAVIN, JR. VICE PRESIDENT SUMMARY: Mr. Ardavin is a broadly experienced professional with twenty years of experience in the construction industry and recognized achievements in construction management, pre -construction services, sales and marketing. He has excellent communication, Construction negotiation and business development skills. His background in the industry includes extensive estimating, project management, proposal generation and presentation in multi -family residential, industrial and commercial construction. His project resume includes the successful completion of numerous construction projects for the federal Design -Build government, local municipalities throughout the country, as well as many well-known developers in the private sector. Nanning ACCOMPLISHMENTS: Pre -Construction Management lite Development Meeting with owners to determine their needs for a facility, including production rates, office, warehousing, and shipping/receiving requirements ifrastructure Generate overall layouts, including site, building, and production equipment Complete estimation of engineering, construction, and equipment costs Presentation to owner outlining construction costs, alternate construction :onsulting methods and materials, and scheduling of work Construction stimating Management • Design/Build approach - Managed all architectural/engineering. • Construction Management approach - managed all procurement, cheduling estimating, scheduling and construction functions. Coordinated with outside architects and engineers. • Ultimate responsibility for estimating, bidding and contracting of all alue Engineering subcontracts and materials, scheduling and constructing all phases of a project. • Extensive involvement in securing new work, including marketing, )st Construction estimating, proposal generation, and formal presentation to owners. • Mentoring of other project managers and assistant project managers 405 S.W. 148th Avenue • Suite One • Davie, Florida 33325 • Tel: 954.476.3200 • Fax: 954•474-3111 7601 S,W. Lost River Road • Stuart, Florida 34497 • Tel: 772.287.7525 • Fax: 772.287.7524 9440 Philips Highway, Suite#5 • Jacksonville, Florida 32256 • Tel: 904.292.1811 • Fax: 904.292.4865 THE TOWER GROUP. CARLOS ARDAVIN, JR. (CONTINUED) VICE PRESIDENT EXPERIENCE: 2001 - Present 2001- 2001 2000 -2001 1999 -2000 1998 - 1999 1992 -1998 1989 -1992 1985 - 1989 EDUCATION: The Tower Group, Inc. - Miami, Florida Director of New Business and Pre -Construction Services MC Construction Group, Inc. - Miami, FL Vice President of Pre -Construction Construction Manager/Owner's Representative - Pembroke Pines, FL SBS Construction Corporation - Hollywood, FL Chief Estimator Suffolk Construction Company, Inc. - Palm Beach Gardens, FL Senior Estimator Advanced Construction, Inc. - Miami, FL President Florida Hi -Tech Construction, Inc. - Miami, FL Vice President/Director of Pre -Construction C.Ardavin Construction, Inc. - Miami, FL Vice President (1988-1989) Senior Estimator/Project Manager (1986-1988), Superintendent (1985-1986) Business Administration, University of Central Florida, 1985 Various Construction Management Courses, Florida International University, 1986-1987 LICENSES: State of Florida General Contractor, CGC 057195 State of Florida Real Estate Salesman, 0515574 THE TOWER GROUP General Contractors Construction Management :onstruction )esign-Build lanning site Development nhastructure :onsulting stimating cheduling alue Engineering ost Construction BRETT M. PORAK PRECONSTRUCTION MANAGER SUMMARY: Mr. Brett Porak is a Preconstruction Manager with extensive experience in biddings including a wide range of structures including entertainment/theme parks, educational, municipal, business/industrial parks, assisted living, mid and high rise condominiums, and multi-level parking structures. Mr. Porak began his career as a labor supervisor, was promoted to Project Manager, and then transitioned into preconstruction. In his current position he has bid over $450 million of new construction, established budgets, wrote contracts, conducted feasibility studies, and written contracts. EXPERIENCE: 2003 - Present The Tower Group, Inc., Preconstruction Manager Estimating • Bid and negotiate approximately $450 Mil of new construction annually throughout the state of Florida— including commercial/ office, multi-level parking structures, industrial/ business parks, retail, mid and high rise condominiums, entertainment/ theme parks, municipal, educational, and assisted living. • Establish project budgets, development, and soft costs from conceptual stages. Pre -construction • Write contracts, buy-out trades, and establish preliminary milestone schedules. • Project value engineering, project logistics, design and constructability, and Green Building design and materials. • Project feasibility studies. Business Development • Establish new client relationships. • Write, negotiate and review contracts. • Create and review marketing and advertising materials. • Write articles for business trade journals and magazines. 405 S.W. 148th Avenue • Suite One • Davie, Florida 33325 • Tel: 954•476• 3200 • Fax: 954•474•3111 7601 S.W. Lost River Road • Stuart, Florida 34497 • Tel: 772.287.7525 • Fax: 772•287• 7524 9440 Philips Highway, Suite#5 • Jacksonville, Florida 32256 • Tel: 904.292.1811 • Fax: 904.292.4865 THE TOWER GROUP BRETT M. PORAK (CONTINUED) PRECONSTRUCTION MANAGER Jan. 2002 & Feb2003 Padula and Wadsworth Construction, Estimator/PM Estimating • Hard bid twenty five projects ranging between $2 Mil and $20 Mil. • Priced open-ended contract additions and renovations for county schools. Pre -construction • Bought -out trades, wrote contracts, and wrote submittal and contract logs. Project Manager • Established schedules, managed superintendents, submitted payment applications, submittals and shop drawings, produced and managed RFIs and change orders, managed subcontractors, and met with owners/architects o Cooper City High School—Manufacturing Lab Renovations o Cooper City High School—Ceiling and Lighting Renovations o Hawkes Bluff Elementary—Classroom Additions Jan.- Aug. 2001 Walt Disney Imagineering, Orlando, FL, Project Engineer June- August 2000 Disney's Pop Century Resort • Reviewed Submittals and Change Orders, and answered RFI's for all Out Buildings • Gave monthly owner reviews of the construction schedules. • Answered contractor's field questions and did owner buy - offs during field reviews. o Contractors on project—Centex Rooney, Hardin Construction, and Johnson Brothers Bovis Lend Lease, Chicago, IL Owner's Representative for United Airlines, O'Hare Int'I Airport Assistant Project Manager—Ground Equipment Maintenance Building, Hanger Fire Loop Modification, and Storm Sewer Containment Valve Installation • Reviewed submittals, RFI's, field reports, change orders, proposals, and construction schedules. THE TOWER GROUP BRETT M. PORAK (CONTINUED) PRECONSTRUCTION MANAGER • Acted as a field liaison between contractors/subcontractors and construction management team. • Coordinated meetings with owners, architects, engineers, contractors, utilities companies, insurance companies, permit expeditors, City of Chicago Building Department, and the Department of Aviation. April- Aug 1997 & 1998 Hofmeister Design and Construction, Mt. Dora, FL - Laborer and Field Supervisor • Participated as a laborer in all phases of construction. • Supervised laborers in some phases of construction. • On-site company inspections and buy -offs. EDUCATION: Bachelor of Science in Building Construction M. E. Rinker School of Building Construction, University of Florida, 1997-2001 Master of Business Administration Florida Atlantic University, 2005 -Present THE TOWER GROUP General Contractors Construction Management :onstruction >esign-Build tanning ite Development Ifrastructure :onsulting stimating ;:heduling glue Engineering )st Construction JOHN B. ZAK VP OF OPERATIONS SUMMARY: Mr. Zak began his professional career 22 years ago as a construction engineer handling estimating, scheduling and procurement for a design/build contractor. Over the years, he has continued his involvement in the construction industry with a focus on his engineering background. His diverse experience includes, but is not limited to plant manager, operations manager, estimating, scheduling, procurement, contract administration, production planning and safety program administration. Currently, his responsibilities focus on the overall management of various projects. His daily responsibilities include project scheduling, coordination of all vendors, procurement of materials, review of submitted data, monthly invoicing and reporting to owners on the progress of the project, and safety program director. PROJECT EXPERIENCE: 1998 - Present The Tower Group Inc.,V.P. of Operations Responsible for overall management of various projects and project personnel, including project scheduling, coordination of all vendors, procurement of materials, review of submitted data, monthly invoicing, project budgeting, negotiating contract change orders, time extensions and claims. • Pinnacle Square (Miami)- 10 -story apartment building and 6 -story parking garage, 110 units, building includes a community center, computer lab, fitness center, secured access, and playground/tot lot. Contract Amount $17M • Miami Dade Cultural Center (Miami) — Theater Building — 78,000 sf/Structural Steel that is Concrete Encased — the theater will hold up to 996 seats, have a computer controlled panel Light system in the lobby and the theater itself will be acoustically independent from the exterior structure. Contract Amount $38M • Central County Transfer Station (Lantana) - Solid waste transfer station for Palm Beach County consisting of (3) new concrete -block buildings and (1) metal building totaling 30,000 cubic yards. Contract Amount $16.7M • Heron Bay Clubhouse — Luxurious Clubhouse (Parkland) - 19,000 sf/Structural Concrete with CMU — clubhouse with amenities that include saunas, steam rooms, fitness room, aerobics room, and cabana. Contract Amount $4.7M 405 S.W. 148th Avenue • Suite One • Davie, Florida 33325 • Tel: 954.476.3200 • Fax: 954•474•31-11 7601 S.W. Lost River Rood • Stuart, Florida 34497 • Tel: 772.287.7525 • Fax: 772.287.7524 9440 Philips Highway, Suite#5 • Jacksonville, Florida 32256 • Tel: 904.292.1811 • Fax: 904.292.4865 THE TOWER GROUP JOHN B. ZAK (CONTINUED) VP OF OPERATIONS • Waterways Shoppes (Parkland) — Retail Park — 90,000 sf/CBS Construction — new retail consisting of five retail buildings including a seawall , lake, and site development. Contract Amount $7M • Miami Beach Regional Library (Miami) — 42,000 sf /Structural Concrete with CMU block — 2 -story library with a cafe, a courtyard, and a professional projection booth. Contract Amount $7.2M • Tech Data Corporation (Miami) - Latin American Distribution Center - 466,000 sf/single story warehouse -two story office -tilt -wall construction - Contract Amount $16M • Royal Palm Centre 111 (Miami) - Office Building- 106,000 sf, 4 -story construction -tilt -wall construction. Contract Amount $5M • International Corporate Park / Buildings 16, 18 and 19(Miami) — Warehouse office buildings. Dock Height -100,000 sf/single story construction -tilt -wall construction. Contract Amount $1.8M (Bldg.16), $2.7M (Bldg. 18) and $2.8M (Bldg. 19) 1990 —1998 Steel Fabricators, Project Manager/Quality Assurance Manager & CWI Responsible for project coordination involving engineering, contract administration, estimating, sales, shop and field operations of commercial, industrial and highway projects. EDUCATION: B.S.C.E. Illinois Institute of Technology Chicago, IL PROFESSIONAL ORGANIZATION: Sigma Phi Delta Professional Engineering Fraternity American Welding Society CERTIFICATIONS: • 30 Hour OSHA Certified • C.W.I. THE TOWER GROUP General Contractors Construction Management 2onstruction Design -Build 'tanning iite Development ntrastructure :onsulting istimating scheduling value Engineering bst Construction RANDY A. EGUES PROJECT MANAGER SUMMARY: Mr. Randy Egues is a Project Manager with several years experience in the construction industry. His construction expertise incorporates full responsibility in cost control, time and quality assurance throughout the construction phase of projects. Mr. Egues' experience encompasses retail, office and warehouse construction. In his current position he is responsible for maintaining contractor owner relationships, subcontractor control, maintaining budgets, scheduling, submittal processing and overall success of the project. Mr. Egues began his career in construction in the area of estimating, was promoted to Assistant Project Manager and then Project Manager. His experience in the construction industry has given him first hand understanding and a keen eye for details of the scope of an entire project. PROJECT EXPERIENCE: 2000 - Present The Tower Group Inc. — Project Manager, responsible for overall coordination of the projects. • Shops at Midtown Miami -South Block -North Garage and Retail- 425,000sf, Five (5) Story Precast Parking Garage plus a 30,000sf Single (1) Story Structural Steel Retail Structure including a 20,000sf Petsmart Tenant Improvement. Project Cost- $19.5M • Shoppes at Heron Lakes- Development of a Sixteen (16) Acre Site including a 120,000sf Tilt -Wall Shopping Center, Site Utilities, Roadways, Parking and Hardscape. Project Cost- $9.7M • Coral Springs Professional Campus — Professional/Medical Campus — 194,000 sf/CBS Construction — one and two story professionallmedial offices — 18 individual buildings. Project Cost - $11.5M EDUCATION: Bachelor of Science Degree in Environmental Studies Florida International University Miami, FL 405 S.W. 148th Avenue • Suite One • Davie, Florida 33325 • Tel: 954.476.3200 • Fax: 954.474.31 11 7601 S.W. Lost River Road • Stuart, Florida 34497 • Tel: 772.287.7525 • Fax: 772.287.7524 9440 Philips Highway, Suite#5 • Jacksonville, Florida 32256 • Tel: 904.292.181 1 • Fax: 904.292.4865 THE TOWER GROUP General Contractors Construction Management :onstruction )esign-Build 'fanning lie Development itrastructure :onsulting stimating cheduling slue Engineering ost Construction ROBERT ROJAS SUPERINTENDENT SUMMARY: Mr. Rojas is a General Shell Superintendent with more than 15 years experience in the construction industry. His construction expertise incorporates full responsibility for manpower allocation, material procurement, scheduling and quality control on numerous commercial and residential facilities ranging in size from one to twenty-one stories. In his current position, Mr. Rojas is responsible for the overall field coordination of manpower, materials, and equipment for the shell portion of construction on various projects. EXPERIENCE: 2001- Present The Tower Group, Inc., Shell Superintendent Responsible for the overall field coordination of manpower, materials, and equipment for the shell portion of construction on various projects. • Miami Dade Cultural Center (Miami) — Theater Building — 78,000 sf/Structural Steel that is Concrete Encased — the theater will hold up to 996 seats, have a computer controlled panel light system in the lobby and the theater it's self will be acoustically independent from the exterior structure. Project Cost $38M • Freeman Justice Center (Key West)- 3 -story Courthouse with a reinforced concrete and CMU structure, brick and cast stone cladding, integrated security system, parking garage, offices, courtrooms, and inmate detention facilities. Approx. Sq. Ft. is 64,000 + Project Cost $13.8M • Central County Transfer Station (Lantana)- Solid waste transfer station for Palm Beach County consisting of (3) new concrete -block buildings and (1) metal building totaling 30,000 cubic yards. Project Cost $16.7M • Carmax (Pompano Beach)- 21,000 sq. ft. dealership. Project Cost $4.7M • Heron Bay Clubhouse (Parkland) - Luxurious Clubhouse - 19,000 sf/Structural Concrete with CMU — clubhouse with amenities that include saunas, steam rooms, fitness room, aerobics room, and cabana. Project Cost $4.7M 405 S.W. 148th Avenue • Suite One • Davie, Florida 33325 • Tel: 954.476.3200 • Fax: 954.474.31 11 7601 S,W. Lost River Road • Stuart, Florida 34497 • Tel: 772.287.7525 • Fax: 772.287.7524 9440 Philips Highway, Suite#5 • Jacksonville, Florida 32256 • Tel: 904.292.181 1 • Fax: 904.292.4865 THE TOWER GROUP ROBERT ROJAS (CONTINUED) SUPERINTENDENT 1993-2001 1991-1993 EDUCATION: NCY Construction, Inc., Superintendent Oversaw all aspects of field coordination on various commercial projects, including mid -rise hotels, office buildings, and retail shops. • Keystone Plaza, Miami Beach, FL • 51h & Lennox, Miami Beach, FL • Hampton Inn- various locations throughout South Florida MCM Corp, Foreman Oversaw daily details of construction process for various warehouse and office buildings in addition to residential properties. J.F.K. High School, 1987 Plainview, NY THE TOWER GROUP, General Contractors Construction Management ;onstruction )esign-Build 'fanning .ite Development ifrastructure :onsulting stimating cheduling alue Engineering Dst Construction FELIX C. FERNANDEZ SUPERINTENDENT SUMMARY: Mr. Felix Fernandez is a Lead Superintendent with vast field experience. Mr. Fernandez began his career in construction as a brick mason and then transitioned into superintendent. He is currently responsible for overseeing field operations, subcontractor coordination, labor supervisor, coordinating deliveries and equipment, as well as field safety. EXPERIENCE: 2006 - Present The Tower Group Inc., Lead Superintendent Responsible for overseeing field operations, subcontractor coordination, labor supervisor, coordinating deliveries and equipment, as well as field safety 2005 - 2006 • Shops at Midtown Miami -South Block -North Garage and Retail- 425,000sf, Five (5) Story Precast Parking Garage plus a 30,000sf Single (1) Story Structural Steel Retail Structure including a 20,000sf Petsmart Tenant Improvement. Project Cost- $19.5 million KM Plaza, Superintendent • Mat -qui (Miami) - 67 -story luxury condominiums and retail/restaurant space. Project Cost - $205M • Space 01 (North Bay Village) - 20 -story condominium. Project Cost - $60-M 2003-2005 Current Builders, Superintendent • Residences at Miramar (Miramar) - (18) 3 -story buildings, clubhouse and pool facilities. Project Cost - $70M • Gables Court (Coral Gables) - (9) 3 -story buildings, clubhouse and pool facilities. Project Cost — $44M 2002 — 2003 Merkury Development Inc., General Superintendent • South Terminal Development at MIA (Miami) - Demolition and remodeling of Delta Airlines Concourse. Project Cost - $20M • Pedestrian Overpass (Coral Gables)- 150 foot span at US 1 and 27th Avenue. Project Cost - $15M 405 S.W. 148th Avenue • Suite One • Davie, Florida 33325 • Tel: 954.476.3200 • Fax: 954.474.31 1 1 7601 S.W. Lost River Road • Stuart, Florida 34497 • Tel: 772•287• 7525 • Fax: 772•287• 7524 9440 Philips Highway, Suite#5 • Jacksonville, Florida 32256 • Tel: 904.292.1811 • Fax: 904.292.4865 THE TOWER GROUP, FELIX C. FERNANDEZ (CONTINUED) LEAD SUPERINTENDENT EDUCATION: Associate of Arts Miami Dade Community College Miami, FL Past Performance Evaluation Surveys ATTACHMENT 2 trl MIAMI BEACH Clry of Miami leech, 1700 Convention Center Drive, Miami Beech, Florida 33139, www miamilasochkgov PROCUREMENT DIVISION Tel: 305-073.74193 , Fax: 305.394.4008 June 29.20070. J. C /`7. e /%SSo c A74 /710. (Client's Na Individual Providing the Survey Response:�,,,�Z /Ai Phone: 305- 1�5- 9Dr Fax: .3fee: E-mail: HPSK,414342o10•4•rc COM Subject: Performance Evaluation of � 7 E lz00447. (Consultant firm and/or Project Manager/Cost Estlthator) Number of pages including cover: 2 To Whom it May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications and experience in providing construction of underground utilities. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment as to it's understanding and score accordingly. Please return this Questionnaire to Stephania Campanlonv by August 10. 2007 or earlier by fax: 786.394.4008; or e-mail steohaniecamnanionvt mlamibeachft.gov Please provide one Survey for the Contractor and one Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director BID NO: 34-06107 CITY OF MIAMI BEACH 06/19/0"7 43 MIAMIBEACH City of MIemI Beach, 1700 Convention Center Drive. Miami Bench, Florida 33139, www.mlamieeecef.gov PROCUREMENT DIVISION Tel: 305473.7443. Fox: 305 394.4009 PERFORMANCE EVALUATION SURVEY •Project Name: Thor tf•—), -r tG _ k(Contractor (Bidder) (Ghee): one) 0 Construction Project Man er and/or Construction Superintendent (Individual) Name of Abovel..'• 7C—:(. t1.i to (7-�O V e Phone or e-mail of above Consultant or Individual: 1814 - 517C— .3 8:5-9._ Please evaluate the performance of the Contractor's firm and/or Construction Project Manager and/or Construction Superintendent (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance. please leave blank if you don't know). NO CRITERIA 1 Ability to manage the project cost (minimize change orders) 2 Ability to maintain project schedule (complete on-time or early) 3 Quality of workmanship 4 I Professionalism and stay to manage (includes responses and prompt payment to suppliers and subcontractors) Close out process (no punch list upon turnover, warranties, as - 5 bunts, operating manuals, tax clearance, etc. submitted promptly) 6 Communication, explanation of risk. and documentation Ability to follow the users rules, regulations, and requirements (housekeeping, safety, etc...) 8 Overall customer satisfaction and hiring again based on performance (comfort level in hiring contractor again) Overall Comments: �f� Codi -t fPf,* T wO _ ,j Tt o -t i UNIT (1-10) (1-10) (1-10) (1-10) v (1-10) Agency or Contact Reference Business Naar: 0� . y. )r .4 rxr�kT4a's. 4! Contact Name: Mt t/ze. .a ,Q ! A S Contact Phone and e-mail: M Pc I4 € f3 -L71) 40001 Date of Services: os - ?s.! -o; Dollar Amount for Services: /04-- r)Q D - s PLEASE E-MAIL THIS QUESTIONNAIRE TO stephaniecamnanionveAmlamibeachfl.aov SID NO: 94-05487 CITY OF MIAMI BEACH 06':9/07 ATTACHMENT 2 MIAMIBEACH Chy of Miami Beech, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rnlamibeoch%1.gov PROCUREMENT DIVISION Tal: 305673.7493 , Fax: 305.394.4008 June 29, 2007// To: �%siS . -4 4S Soc! 47KJ,, LD( Individual Providing the Survey Re Phone: 3o S - 8O S -cf 01.6 Fax: roc -976.1- E -mail: -iiti[.,rs Subject: Performance Evaluation of r C1[� 'Q A� %1�-�C.�u j r Man edCost Estimator (42 ConsuNant firm an= P eci a� ) Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications and experience in providing construction of underground utilities. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment as to it's understanding and score accordingly. Please retum this questionnaire to §johanis Campsnionv by Auaust 10.-2007 or earlier by fax: 786.394.4008; or e-mail steohaniscameanionv( mlamibeachfl.g2v_ Please provide one Survey for the Contractor and one Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director BID NO: 34-06/0' CITY OF MIAMI BEACH 06/19/07 43 MIAMIBEACH City of seem/ Beech, 1700 Convention Center Drive. Miami Beach, Fbiide 33139, www.mlamibeech4.gov PROCUREMENT DIVISION Tel 305473.7493. Fox: 305.394.4008 PERFORMANCE EVALUATION SURVEY Project Name: l V o r-,Fi' ✓' `r G . L� �i�i✓�,lt- O Contractor (Bidder) (Check one) Construction Project Manager and/or Construction Superintendent (Individual) Name of Above 7g --.05$6-3e5-2_ Phone or e-mail of above Consultant or individual: Please evaluate the performance of the Contractor's firm and/or Construction Project Manager and/or Construction Superintendent (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance, please leave blank if you don't know). NO i CRITERIA 1 UNIT 1 Ability to manage the project cost (minimize change orders) (1-10) 7 2 Ability to maintain project schedule (complete on-time or early) (1.10) 3 Quality of workmanship (1-10) 4 Professionalism and ability to manage (includes responses and prompt payment to suppliers and subcontractors) Close out process (no punch list upon turnover, warranties, as - 5 butts, operating manuals, tax clearance, etc. submitted promptly) 6 I Communication, explanation of risk. and documentation 7Abibty to follow the users rules, regulations, and requirements I (housekeeping. safety,_ etc—) 8 Overall customer satisfaction and hiring again based on { performance (comfort level in hiring contractor again) (1-10) (1-10) (1-10) (1-10) (1-10) 6 I7 Agency or Contact RR� *re�ronce Susinese:1 J.O. K. G. E Sic .4 . c LT4.) Contact Name: /—a vdG4.4721.,.1Ltu Contact Phone and a -matt: Ms .)OK(4-Lrf.c..c Date of Services: 5 JZ-bL 7 Wt&ty /11-. 0-01. Dollar Amount for Services: /4; o PLEASE E-MAIL THIS QUESTIONNAIRE TO ateohanlecamoanionvemiamibeachti.gov • 6111 'tCi 34-06/97 CITY 0F MIAMI BEACIt I:A1 F.: 961:9/07 4 ir 08/09/2007 12:25 FAX 404 479 4001 DI I.D.I. NATIONAL FEE DEV. a 001 Facsimile Date: €: Qf j "F" To: S-PEAir_ C?PAlro Company: Ci4 9 noo fAwlr W,' Fax: - 40© °% From: . 1 3 L,1 Phone: 4o 4 • 4-701 • 4-00 Fax: (404) 479-4001 Total pages (Including cover): - If Message: IDI Monarch Tower, Suite 1500 3424 Peachtree Road, N.E. Atlanta, Georgia 30326 Phone: (404) 479-4000 Fax (404) 479-4001 Confidentia0ty note: The information In this facsimile message is legally privileged and conftdentlal Information intended only for the use of the individual or entity named above. If the reader of this message is not the Intended reMplent, you are hereby notified that any dissemination, distribution or copy of title telecopy is strictly prohibited. If you have received this teleoopy in error, please immediately notify us by telephone and return the original message above via the United States Postal Service. Thatdc you. 08/08/2007 12:25 FAX 404 479 4001 I.D.I. NATIONAL FEE DEV, 08/08/1007 15:12 FAX 3055949774 TOWER CROUP ATTACHMENT 2 e MIAMI BEACH City of Moroi Beach, 1700 Convention Center Drive, MIaml Beach, Florida 33139, www.mlamlbeachfl.oev PROCUREMENT DIVISION Tol: 305.67;-7497 , F._ 303.394.4408 June 2e,iOQ7 To: Jim's 51/6!6 -- r / % b / (client's Nam.) Individual Providing the Survey Response: ' Phone: I 404 • 41. 4-Oo Fax:_4_04. • Alat • *o0 E-mail: � �ca ✓' c Id Subject Performance Evaluation of Number' of pages Including cover. 2 To Whom It May Concern: The Ci of Miami Beach has implemented a process that collects past performance informa on on various Contractors that have the qualifications and experience In providinig constru'ctlon of underground utilities, The oofl'lpany listed in the subject line has chosen to participate in this program, They have listed you as a past client that they have done work for. Both the company and City of IIAlami Beach would greatly appreciate you taking a few minutes out of your busy day to Complete the accompanying questionnaire. Please eview all Items In the following attachment and answer the questions to the best of your knowledge, If you have difficulty or cannot decipher the question's meaning, please- provide your best judgment as to It's understanding and score accordingly. Please ret!trn this auestionnaire to pteohanis Campaniony by Auouet-10. 2007 or earlier Iy fax: 786.394.400B; or e-mail ateohaniecamoanionvemiamibeachfl.q Pleaseprovide one Survey for the Contractor and one Survey for the Construction Project 'Manager or Construction Superintendent who directly worked on your project. Thank lou for your time and effort. (Consultant firm and/or Project ManagerlCost Estimator) Gus Lotez, CPPO ProcureIment !Director BIDI4 34.06107 CITY' OF MIAMI BEACH DATE: 6/19/07 43 IQ.i 002 Q002 08/09/2007 12:26 FAX 404 479 4001 I.D.I. NATIONAL FEE DEV. 08/08/2007 15:13 PAX 3055949774 T0WE1 CROUP � MfiAMIBEACH City of Mlsrhl Bs■a11,1700 Convention Center Drive, Mimi Beach. Florida 33138, www.mlamlbeachfl.gov PROCUREMENT DIVISION Tel: 303.67i-7443, Fax: 305.394.4008 PERFORMANCE EVALUATION SURVEY �UyJRVEYcU Project Name; (l " age /111- Sitas 4003 aj003 X/' Conn actor (Bidder) (Check one) ❑Conwruction Project Manager and/or Construction Superintendent (Individual) Name of , ,bove l - • `_ / V � 1 t%114 F14016 Phone or -mail of above Consultant or Individual:_4iZ• .thq 'EPIC -49 4-' 4? 6.3 ZOO Please a luate the performance of the Contractor's firm and/or Construction Project Manager and/or Construe ion Superintendent (10 means you are very satisfied and have no questions about hiring them again, an 1 is if you would never hire them again because of very poor performance, please leave blank if you doft know). I Ni Ability to manage the project cost (minimize change orders) Ability to maintain project schedule (complete 0n-lrno or early) CRITERIA 1_ Quality of workmanship Professionalism and abirity to manage (includes responses and 1 oromot payment to suppliers and subcentracto Close out process (no punch list upon turnover, warranties, as- bullts, operating manuals. tax clearance, etc. submitted prompt y I Communication., explanation of risk, and documentation Ability to follow the users rules, regulations, and requirements (housekeeping. safety. etc...) d I Overall customer satisfaction and hiring again based on `j performance (comfort level In hiring contractor again) overall Comments;_4Ug hhivE /(t% itl% W (LUJff4U41 tug uJ o i o t,sac-Z ..m G eu �," Agency ar Contact Reference Business Name: INOUST(E/ AL ? f4hi 0�l 51N7 ly l %0 Ott— . Contact Name: �I �.G.f¢�A' Contact Phone and e -me l; 4. 41cr • 400 +o f J ft Igq r e (di' CAW! Date of Services: Z e400 /Zea / Zell E. Dollar Amount for Services: v1P B0QQ Di l Kr' t /OOO,stQO f 64E04 PLEASE E-MAIL THIS QUESTIONNAIRE TO steohanlecamnanionv( miarnibeachfl.aev BID NO 34-06/01 DATE: [6/19/07 1 CITY OF MIAMI BEACH 4,1 08/09/2007 12:26 FAX 404 479 4001 I.D.I. NATIONAL FEE DEV. 101 Monarch Tower Suite 1500 • 3424 Peachtree Road, N.E. Manta, Georgia 30326 10004 James L. Sligar Vice President Corporate Development 404-479-4000 Direct: 404-479-4006 Fax: 404479.4001 Ceti: 404-316-3769 Email: jsligar@Idi.com www.idi.corn AUG. 16. 2007 9 :10AM NO. 5129 P. 1 DEVELOPERS DIVERSIFIED REALTY Date: August 16, 2007 To: City of Miami Beach Attn: Stephanie Campaniony Fax: 786.394.4008 Pages (with cover): 3 Please see the attached document, John W. Sabatos Vice President of Construction Developers Diversified Realty 3300 Enterprise Parkway Beachwood, Ohio 44122 From the desk of: John Sabatos Phone: 216.755.5895 Fax: 216.755.1895 Email: isabatoseddr com Fax RE: Randy Egues — Performance Evaluation I°AUG. 16. 20073 9: 0AM 3055949774 TOWER GROUP NO. 5129 P. 2Zoo2 ATTACHMENT 2 MtAMIBEACH CII!y 01 Mimi South, 1700 Convention Cenlar Drive, Miami Beech, Florida 33139, www.mlamlbeachfl.gov PROCUREMPNT DIVISION Tel: 305.673.L7493 , tax; 303,394.4008 June 29, 2607 To:_4han 1 COAPIZA !On y Q6lfent's Narne) individual Providingthe SurveyRes onse: : A GJ, Sabarids V.', o F gar con Phone: 6-'755°6795. p t Ikzlic1 )"Ps Pittet 4 Red. karat Fax: 6 -166- /2145- 0P A'6-?5sy i,/7 E-mail: i s did" car Subject:1Performance Evaluation of ' -"ieaU.'eX 6r -'-p (Consultant firm and/or Project Manager/Cost Estimator) Number 'Of pages Including cover: 2 To Whortt It May Concern: The City; of Miami Beach has implemented a process that collects past performance Informatihn on various Contractors that have the qualifications and experience in providing! construction of underground utilities. • The comaany listed in the subject line has chosen to participate in this program. They have iistd you as a past client that they have done work for. Both the company and City of M ami Beach would greatly appreciate you taking a few minutes out of your busy day to colmplete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your 4nowledge, If you have difficulty or cannot decipher the question's meaning, please. p vide your best Judgment as to it's understanding and score accordingly. Plepse.r4turn this auesjtonnaire.to 8t ohanIa Campanionv..bv,Agust 10.2007 or, garller,bt fax: 786,394.4008; or e-mail riteetierakeglAggy Please p*ovide one Survey for the Contractor and one Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank yo.i for your time and effort, Gus Lopoz, CPPO Procurement Director BID NO: 314-06/07 CITY Olt MIAMI BEACH DATE: 06,119/07 43 •0iAUG, 16. 20071: 9 :11 AM30 5949774 TOWER GROUP NO, 5129 P, 3 003 � MIAMIBEACH City of MIslnl Beach.1700 Convention Center Or1ve, MIaml Beach, Fbdde 53139, www•mfamrbeachtLgov PROCUReMENT DIVISION Tel:: 305.673.7493, Fen; 905.394.4006 PERFORMANCE EVALUATION SURVEY Project Nameh c tdrLo'r) South loc K ❑ Contfactor (Bidder) (Cheek one) fra) Conssruction project Manager and/or Construction Superintendent (Individual) Name of Move-tPYr) Phone or b -mail of above Consultant or Individual: Please eviiluate the performance of the Contractor's firm and/or Construction Project Manager and/or Construction Superintendent (10 means you are very satisfied and have no questions about hiring them again, an4 1 is if you would never hire them again because of very poor performance, please leave blank if you dors t know). NO CRITERIA UNIT 11 Ability to manage the project cost (minimize change orders) (1-10) 7 21 Ability to maintain project schedule (complete on-time or early) (1-10) f 3 ; Quality of workmanship• (1-1D) 1 7 4 Professionalism and ability to menage (Includes responses end I, (1,10 I I pr9mpt auvment to suppliers end subcontractors) `` ) t t Close out process (no punch Ilat upon turnover, warranties, as - 6 ; builta, operating manuals, tax clearance, etc. submitted (1.10) I 0 61 promptly • Communication,. explanation of rIsIC and documentation I (1.10) 7 7 : Ability to follow the users rules, regulations, and requirements (1-10) I dt (housekeeping. aafetvt etc...) Overall customer satisfaction and hiring again based on I 1, 9 + Performance (comfort level In hiring contractor again) ( 10) Overall Coi'nments; Agency or'�Contact Reference 6u Contact Nme: Content Pthione and e-mail: f )I Date of 8eivloes: Dollar Amqunt for Services: BID NO: ,j4.e6/97 DATEI 06(119/07 'nese Name: • Ask, 1 1 /L '`r '• II v.. 1 Tia ,",r "17 1A 'GM t71:rP , . • ilii PLEASE E-MAIL THIS QUESTIONNAIRE TO ateohanisoamQ niQnv®mlamtbOtCliug2 CITY OF MIAMI BEACH 44 „-rLIrtrreLS Fax: 1VnrA GKUUY ATTACHMENT 2 � MIAMIBEACH t'ify tot *1km# eleineli, 1700 Carnation Centre Drive, Miami Beach, Florida 33139, winv.miornibrochll.gor PROCUREMENT DIVISION Tel: 305473-749 , Fac 305.304,4008 Jur* 29, 200t To; mfent's Nernst, individual Providing the Survey Reapvnse: �@ Phone:: 41S ti � A Fax: E-mail:. Aug 14 2007 03:02pm P001/002 Booz Subject Performance Evaluation of -Tc t -r Y ae rt e-ckjas (Consultant firm and/or Project Managerr00st Estimator) Number of pages Including cover: 2 To Whom It May Concern: The City of Miami beach has implemented a process that collet. past performance information on verieus Contractrlcs that have the qualifications and experience in providing construction of underground utiRities. The company listed in the subject line has chosen to participate In this program. They have ISted you as a past client flat they have done wont for. Both the company and C)ty ori Miami Beach would :greatly appreciate you: taking a few minutes out of your busy -ay to rcornplatethe accompanying questionnaire, Please reuiew ell items in the tellowing attachrnent and ansWer the queetiona to the best of Yom`• knowledge, rt you have difficulty or cannot decipher the :question's meaning, please• provide your best judgment as to it's understanding and score accordingly. • .Eleaso return this auestlonnalre to $meanie Csmoinha tyftwe Q 7 or parltp044 fax: 7136.394.40O8; or e-mail ;steohaniecamoanitmvabmfarri baachfl.ovv Reese provide one Survey for the Contractor and one Survey for the Construction Projed Manager or Construction Superintendent who directly worked on your project. Thant you for your time and effort. .Gus Lopez, CPPO Procurement Director BIH NO: 34.16/0; CITY OF 1cIIA1'11 BEACH 43 D :'I'Irt efd19107 . �� Fax: iuiii (.IWUfJP NIlAM16EACH ale, of lewd e aN417E0 convention Cehler Onrb. Miami Beech. Florida 3313L www-mlemibeectiMOav Aug 14 2007 03:02 m P002/002 II003 PROCUR VILNT PMSION TO 3E467174;3. Fair 305,394.4008 PERFORMANCE EVALUATION SURVEY Project Name: A-kertvil vbdy C.a.lrlcwul_ 0 Conlraoter(Hidder) (Check one) Coy atruction Projekt Manager end?or COSMO* Strpttxintgnrsent (lndivIdual) Name ofiAbbve t cX.Si Phone ore -mail of above Consultant or Individual: Please er'eh ee the perfbrrmanee of the Contractor's on and/or Construction Prgjoct Manager and/or Construction Superintendent (10 means you are very satisfied and have no questions about Ming them agaln, and t is if yob would never hire them again because of very poor performance, please loan blank Irye u don't know), 'NO CRITERIA 'UNIT 1 Ability to manage the�project cast (minimize things orders) (1-10) Minty to maintain prc>lect schedule.(oon'lplete on -tire or nifty)_.._ (1 10) WOW (1fworkmenship (1-10)• IProfessionalism arhd'aibilly t+a ma nage (irreludes rsaponsot and (1-10) �Qrrocmdt bavmsrtt to suooliepe.and. ubeprttiactora) Gibs out proem (ria punch Net upon WOW, warreols, ,es - 6 •fib apsrating.•manuata, is . clearance. et. submitted 040) etemptilvk 4.' Corntunieativn, eigasNtlitltt 91 00, end datritrrplltiilolt ' (t -'f4) 7 Ability to td the ueeraltulail, % illations, acid iaqulreraiante f ; t flrousiptesainq, ealfsy,ete.,,) I ('o ) I&aerial eustemer eadefeetien arrd halm again bayed on 1 (1.10) aerlormance (comfort level in hiring contractor again) Overall Qommeme: Tit/-__ Ti,.41 p t - RA 1 r 114 Is bi rlpy B a►t i- tail) leoacr °'AL hrnttLs Agency dr• Contact'Refareece Busirie,e Nslna: ar . I Cull uWr r -_S_. C.mrtiot ams: yeah i. Vev Gonteol Phone ana-a+ma{I: 461.7..S - (1<efi Date of Services! tour Amount for Services: `_i p„ -f— . PLEASE E-MAIL THIS QUESTIONNAIRE TO ge bili ildanr alfInn iattiarnibaachn.QEy e 1110 N©! s4-asrty'r erne qF Aboicsucm DAM ti6/111Q7 4w 08/13/2007 07:09 FAX 3055949774 TOWER GROUP tjoo: ATTACHMENT 2 MIAMIBEACH City of Midml Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miomibeochf.gov PROCUREMENT DIVISION Tek 305475.7493 , Fox: 305.294.4008 June 29, 2007 To: (Ciie's Nerve) individual Providing the Survey Response: - .1f.. fe)uk,so.oin Phone: qoy- VI -1155 Fax: '9011-g)4-S)S'S E-mail: Subject Performance Evaluation ofC-�ramo (Consultant firm and/or Project nager/Cost Estimator) Numbertof pages including cover: 2 To Whom it May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications and experience in providing construction of underground utilities. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment as to it's understanding and score accordingly. Please return Othutattignnalre to Stephanie Camoaniony by Aust 10, 2007 or earlier by fax: 786.394.4008; or e-mail staohaniecamo lnionvtfemfamibeachfi.gov Please provide one Survey for the Contractor and one Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director BID NO:13406/07 CITY OF MIAMI BEACH LATE: 06/19/01 43 .08113/200! 20:22 90429248b6 +YI AY• $.VM, v+ vo rfl.► aucaaa;z! I TF (C i CaERGRP J'tfirlsR CROUP � :MIAMIBEACH City or Mlafra End, 1100 Conmranlloe canto' Olive, mot atm* Furltla 33139, wMwa nmis>!►t4beaC}d1.Ae>I PROCURrIMEUT DMsION Tat 305•t 73.703, rcpt: 305.394,400!! PERFORMANCE EVALUATION SURVEY Project Name: (� Conubmoe {81ddet) tChaak one) [] Construction Project Manager and/or Construction Superintendmt(IrlaTrviduai) • Name of Above Phone or e-ron0 of above Consultant or individual: PIaa►re evaluate rbc performance of the Contractvr'e fuel and/or Construction Project Manager ondfor Cotlar%l tion Superintendent (10 means you arc very saddled and bay* no queerjona about hiring them rgetn, and 1. is If you would never bit term Rath because afire:), poor performance, please leavo blank if you dva<'t know), Abarty to manna a the protect cost (minima* Mango odors) 2 Aeiity to maintain project schedule (complete °Minis or early) 3' Monty of woritmeneh mm�ae{rtWmtrlea responses and CRITERIA 4 Ing „ CION out process (no net upon da rleVer, mow, gs• bulb, ap.nzdng manuile, twit clearance, sic. submitted (1.10) 8! l' ra ax,tlon tcolarwib+1 of risk. eati docujntrdation 11-1D3 the mem rules, reguls0a a, afro fajgylrernente Agan Combat Cofteet P!'sone ane e-rrlall; Dote of S r Acus. Near Amount for Services: BID 1400.31 -0647 DATr: 0617 9/07 (140) m Mingar rowel on ) (1.1 CO It) R Jo !o 10 NAVE tokiE Ouri 800, co .oc i S+riicig+t ca , pushes Name: Cbr, Cop.saNl S ck•Ok ►b1:007 Pact Glint S � 1,L Bp oi m Qi4 plea F3ts2 / h an..,,1i► 4r L+,4—K�2 FL, tJ� PAGE 02!a2 o02 PLEASE SIMAU. THIN QUESTIONNAIRE TO steohsnlassam °allylonv®mlemlbearhtl. CrTY OR MUM BEACH 4a% VVL/ VV.) 08/14/2987 8.:14 9842924865 THETOWERGRP PAGE 03/€3 09/13/2007 07:09 FAX SO55249774 TOSSER CROUP 121005 ATTACHMENT 2 � iNi[;4M1BEACH City of Mfdlni broach, IMO Canvenlion Centex Drive, Miomi Reach, Fiorldu 33139, wow.rnlomlb udift.gov PROCUREMENT DIVISION Tet 304.673.7493 , Fax 303494,400R lune 26, 2007 To: , (Olbnt's Nemo) Individual Providing the Survey Response: t t .e -T 6 . ?W LI4 AAA Phone: SS (• i> z$ _ O 2,1 7 Pax B(o-32.8• t40t E-maii:t. £ Alt 4i t TE. ih, (.m4 cA '/ . i4 1 Subject performance Evaluation of "Thr- OtAcile, (Con>tuimnt grin and/or ProjearManager/Cast Esdmatat Numberlof pages including cover 2 To Whom 1t May Concern: The city of Miami Beach hes Implemented a process that collects past performance information on various Contractors that have the qualifications and experience In providing constr ctioh of underground udtlties. The conjpany listed in the subject line has onvsen to participate in this program. They have listed you as a put client that they have done work for. 8flth the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the aeca npanying questionnaire. Pieces *view ail items in the following attachment and *newel- the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please. frovtde your best judgment as to Ws understanding end score accordingly. PIesao r turn this atkestipnrwire tgjOyuagels Otomeanionv by Ausrjst, 0.2007 or 42.01y fax 78.5.394.400a; or e-mail steohanieggwoonit,nvelmlarrtll'►esrh .grrir Please provide one Survey for the Contractor and one Survey for ttia Construction Project Manager or Construction Superintendent who directly worked on your project Thank ybu for your time and effort. Gus Logez, CPPO Procurement Director BID NO:13406/07 CITY OV' Ast[AMr 13ZAC1F1 XbrkTTi 06/19/0 43 000dni1401 08/14/2007 01:14 9042924865 0E1l3/E007 07:09 FAX 3069949774 CRG ARCHITECTS 1-ETOWERGRP TOWER GROUP .MIAMI BEACH My N11 AI Gooch, 1740 ConvanOwi Cantor anw, WWI Botch, Pines 33131,www.mloloceechl,gov a 003/003 PAGE E12/03 Iatoo2' PROCUREMENT DIVISION 781: 305-673.7493 , 1ox: 305.394.4000 PERFORMANCE EVALUATION SURVEY Project Name: alw1 twAt� U TIGe=. GMMTT Ie , 4T-1 ftu- ''Ac ® Conna for (Bidder) (Check one) 0 CanstncctIon Project Manager and/or Construction Superintendent (Individual) Name of Above ^i TtlW LZ9� U MQ -0V Y , 40144440 N 1/t . Phone or e-mail of above Consultant or Indivtdrral: Please cvjduare the perfarmenca of the Contractor's isms sad/or Construatton Project Manager and/or Construction Superintendent (10 means you are very aatiefied mid base no questions about hiring theca again, tux! 1 is ifyou would never hire them again because of very poor performance, please leave blanc if you don't know), Nos CRITERIA 1- A1aPity to menage the project coat (minimize ahente orddro) 21 Ability lo maintain project rehedule (compete arogrna or early) a, Quality of workmanship *. Protesslr*natem and ability to manage (includes responses and 4rompt Nivfnertto suppliers aged aunvontracmral Clea out pncesa (no punch Iist upon turnover, warranties, as - b' butte, operating Mantels, tax clearance, etc. submitted (!� Or dY� otTflli mIouga exxta nation of risk, and documentation AV* to 7. Irkoukra, asfsN. etc...) e users rules, ro9WetioM, and r quiramanb Overall customer sane st:bon tad hhing again bared on oedbrmenoe (ryornfort laved In hkitrg cortVaotor agslnlco, Agency o,' C Contact menu Contact Phone end .•mall: Date of S#rVlaes: of Dollar Ambunt for SarVIco.1 r 15 L"a, 0 PLEA= E4AAAL THIS QUESTIONNAIRE TO sbeof'aanteesamaa nlonvaitplamtbeacj'rtl.ggy UNIT (1.10) to (1.,1o) et (1.10) 9 1 (1-1,0) 9 I (1'40) 16 ti -40) 9 (1-70) I4 (1-10) IQ l�. tat 1rei r 1(' A;-MKA, 114 021.1 _ c t►dcAr�C, H E -T STD Pf0$134-06/O7 DATA OG/19/07 CITY OR MIAMI STi.ACO 4� THE TOWER GROUP Fax Cover Sheet Dale: 8/812007 Number of gem including cover sheet 3 To: Albert Couto- Easton Group From John Zak/Michelle Flores Phone: 305-593-2222 Phone: 954-47-3200 Fax: 305-591-3863 Fax: 954-474-3111 E Mall: Re: Performance Evaluation Ice: Remarks ❑ Urgent 0 For Your Review ❑ Reply ASAP 0 Please Comment TTG is initiae process of bidding a new project with the City of Miami Beach and respectfully requests your assistance in completing the attached Performance Evaluation form. Please complete and forward directly to Stephanie Campaniony at Miami Beach by August 10th, 2007 at 786-394-4008. (Please cc The Tower Group on your reply). Your assistance is greatly appreciated! CA MIAMI BEACH City of Miami Beach, 1700 Convention Canter Drive, Miami Beach, Florida 33139, www.miarribeach1I.gov PROCUREMENT DIVISION Tel: 305473.7493, Fox: 305.394.4008 PERFORMANCE EVALUATION SURVEY 34,K Contractor (Bidder) Project Name: (Check one) 0 Construction Project Manager and/or Construction Superintendent (Individual) / C7/9Jf�A-G 4/f3/c 7 Name of Above 77 7 Gdir,E aRo vit> Phone or e-mail of above Consultant or Individual: Please evaluate the performance of the Contractor's firm and/or Construction Project Manager and/or Construction Superintendent (10 means you are very satisfied and have no questions about hiring them again, and I is if you would never hire them again because of very poor performance, please leave blank if you don't know). NO I CRITERIA I UNIT I 1 Ability to manage the project cost (minimize change orders) I (1-10) I 2 I Ability to maintain project schedule (complete on-time or early) I (1-10) 3 Quality of workmanship I (1-10) I 4 Professionalism and ability to manage (includes responses and I (1-10) prompt payment to suppliers and subcontractors) Close out process (no punch Ilat upon turnover, warranties, as - 5 builts, operating manuals, tax clearance, etc. submitted (1-10) promptly) 6 Communication, explanation of risk, and documentation(1-10)-I_ 7 Ability to follow the users rules, regulations, and requirements I (1 10) (housekeeping, safety, etc...) j r. I B Overall customer satisfaction and hiring again based on J {1-10) performance (comfort level in hiring contractor again) i Overall Comments: Agency or Contact R Contact Name; Contact Phone an Date of Services: Dollar Amount for Services siness 34.06.'f7 DATE: nF:: 9111 PLEASE E-MAIL THIS QUESTIONNAIRE TO steahaniecantoanionv(Wmlamibeachfl.aov CITY OP MIAMI REACH 4- /M! 044C1b4=2. ATTACHMENT 2 MIAMIBEACH City of Miami Beach, 17C0 Convei Certor Drivo, Miami Boor.h, Florido 33 i 39, ..nyvv,rniorriocochfl,poy PROCUREMENT DIVISION Tel 3C5-673-74.93 , 305 394 40D$ June 29, 2007 To: (Client's Name) Individual Providing the Survey Response: it p Scocit 12_0, Phone: Se • JO (41:75—* Fax: 5% 1 (-1/1 E-mail: p9 Ludt Subject: Performance Evaluation of Tow ex.. .Grte Nip .(Consultant firm andfor Project Manager/Cost Estimator) Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications and experience in providing construction of underground utilities. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment as to it's understanding and score accordingly. Piease return this auestionnaire to Stephanie .Camoaniony by AUCIUS1 10. 2007 or earlier by fax: 786.394.4008; or e-mail steDhaniecamoanionvemiamibeachfi.00v Please provide one Survey for the Contractor and cne Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director BID NO: 34-116107 C111 OF MIAMI BEACH 06/19107 43 L.d 90179Z66L9SL 9L990# - lueN elood 8/17:90 LO i.L bnV MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive. Miami Beach, Florida 33133. ,vww.miamibeach0.gov PROCUREMENT DIVISION Tel. 3C.5.673.7493, FOX: 305.394 4008 • PERFORMANCE EVALUATION SURVEY nn rUC 2AitiC Keo t CV) OpeItAi (earl eavti Project Name: Contractor (Bidder) (Cheek one) Construction Project Manager andior Const:•action Superintendent (Individual) Nernc of Above (4'1 l p P. >Ct_%i-F i t_L ) Phone or a -mail of above Consultant or Individual: SCLAkei C 42 p p C 1424-4EA, . (C Please evaluate the performance of the Contractor's firm and"or Construction Project Manager and/or Construction Superintendent (10 means you are very satisfied and have no questions about hiring Them again. and 1 is if yon: would never hire them again because of very poor performance, please leave blank if you don't know). I NO ( - CRITERIA 1 Ability to manage the project cost (minimize change orders) I2 l Ability to maintain project schedule (complete on-time or early) I 3 I] Quality of workmanship 4 Professionalism and ability to manage (includes responses and prompt payment to suppliers and subcontractors) Close out process (no punch list upon turnover, warranties, as - Wills, operating manuals, tax clearance, etc. submitted promptly) E I Communication, explanation of risk, and documentation 7 I Ability to follow the users rules, regulations, and requirements (houseceeeir.q, safely, etc...) B Overall customer satisfaction and hiring again based on performance (comfort level in hiring contractor again) UNIT (1-10) (1-10) (1-10) (1-10) (1-10) 1-10) (1-10) Overa'I Comments: MI -L • J- 0I 0 4✓? e...irt e v7:9 ( Tr.7., . �1A+�'/ll0t Ilea 14-vtry cYtte(). NI (1_1(3c.T Agency or Contact Refere a Business Name P14\vi t 11(tA Ce �� _ t{)94e L 0`1-• t ••1 . c Contact Name:.., Ie SL c ? 1 I Contact Phone and e-mail: Fir. 1 Tea - 47_ --TY Date of Services: - DateofServices: --- Z. t_1 Dollar Amount for Services: /4_. £164, 000. c:a PLEASE E-MAIL THIS QUESTIONNAIRE TO steahaniecamnanionvn'o;miamibeachff,goy t;.D 34-06/P7 C1TV Qt. ii11.1.N11 DI:,\Cif 74!(!, _ - Z'd 9O17SZ66 t 9S t 91990# - )uey4 Blood eLt:9O LO L t 6ny Similar Projects Completed by Tower Group's Team City of Miami Beach Parking Garage PAST PERFORMANCE Qualification & Experience of the Contractor's Team Bidder's Role: General Contractor Project: Midtown Miami North Block Miami, FL Description: 1.4 million total sq. ft. Mixed use facility consisting of retail (320,000 sq. ft.), live -work units, and 1808 parking spaces in a four story post tensioned garage. Major Tenants — Target, Linens -N -Things, Marshall's, Ross Dress for Less, and Circuit City. Owner: Developers Diversified Reality John Sabatos Beachwood, Ohio Phone 216-755-5895/ Fax 216-755-1895 GC's Project Manager/ Superintendent: Randy Eguez Awarded Contract Amount: $56 Million Final Contract Amount: $51 Million Project Status: Completed Bidder's Role: General Contractor Project: 5th & Lenox Miami Beach, FL Description: 150,000 sq. ft. multi -story office building Owner: Kobikarp Architects Miami Beach, FL Mr. Kobikarp Phone 305-573-1818 / Fax 305-573-3766 GC's Project Manager/ Superintendent: Kevin Montez Awarded Contract Amount: $6 Million Final Contract Amount: $5 Million Project Status: Completed Bidder's Role: General Contractor Project: Miami Beach Library Miami Beach, FL Description: Municipal library which includes an outdoor courtyard and auditorium. Art Deco style architecture consists of terrazzo floors, terrazzo exterior panels and tapered columns. Owner: City of Miami Beach Miami Beach, FL George Chartrand Phone: 305-673-7071 x 6135 / Fax 305-673-7073 GC's Project Manager/ Superintendent: John Zak Awarded Contract Amount: $8.5 Million Final Contract Amount: $7.2 Million Project Status: Completed Bidder's Role: General Contractor Project: Yulee High School "BBB" Yulee, FL Description: The 58 acre campus consists of 9 buildings that total 168,447 sf. The new buildings include administration, cafetorium, classrooms, and science laboratories, gymnasium, and auto/wood shop. Owner: Nassau County School Board Yulee, FL Cris McConnel Yulee, FL Phone: 904-225-5343 / Fax GC's Project Manager/ Superintendent: Awarded Contract Amount: $24 Million Final Contract Amount: $16.2 Million Project Status: Completed Bidder's Role: General Contractor Project: City Palms Address: Description: 288 luxury residential units, pool and amenities on 5th level mezzanine, and ground level retail space. Owner: H & H Development Miami, FL Tony Rey Miami, FL Phone 305-776-2685 / Fax 305-740-0839 GC's Project Manager/ Superintendent: Dana Nichols Awarded Contract Amount: $70.9 Million Final Contract Amount: Project Status: In Progress Bidder's Role: General Contractor Project: South Miami Dade Cultural Center Miami, FL Description: Four-story performing arts and activity center. Total 78,000 sq. ft. Owner: Miami -Dade County Department of Cultural Affairs Miami, FL Lisa D'Andrea Miami, FL Phone 786-573-2326 / Fax 786-573-2406 GC's Project Manager/ Superintendent: John Zak Awarded Contract Amount: $38.5 Million Final Contract Amt.: Project Status: In Progress Risk Assessment Plan Risk Assessment Plan The following items are not anticipated, but have the opportunity to occur on a project of this nature and magnitude if the items are not handled properly. The risks listed below are ranked in an order that we feel is most severe or has the most significant chance to occur to least severe or has the least significant change to occur. 1. Risk: Missing or overlapping scope items between bid packages 01, 02, 03 and 04. Impact on cost: $500 - $500,000, depending upon nature of scope item Impact on time: 2 days - 21 days, depending upon nature of scope item Solution: Since this project is not being administered as one lump sum for the entire work and since the scope of work summary is not detailed, we would suggest meeting with the City of Miami Beach, project consultants, and the contractors associated with the other bid packages as part of a partnering program prior to the start of construction. This would enable us to identify items that are not included in any one contract so that the City of Miami Beach can proceed to supplement one party's contract so that the project is not delayed. 2. Risk: Deliveries and disruption of traffic during business hours and convention center events. Impact on cost: $30,000 Impact on time: 2 to 4 months. Solution: We intend, as part of our base bid, to prepare a workable construction service entrance at 18th Street and Meridian Ct. This will enable all deliveries to enter and exit from Meridian Ave. with minimal disruption of traffic. This will also allow the joists to be picked directly from the trucks which will eliminate long road closings on Meridian Ave. and expedite the schedule. If the City of Miami Beach allows deliveries during off-peak hours then this will also expedite the schedule. 4. Risk: Hurricanes Impact on cost: $10,000 - $3,000,000 Impact on time: 14 — 90 days Solution: We already implement a hurricane prevention plan on all of our jobsites which goes into effect days before the threat of a hurricane. The answer to question number eight of addendum #5 stated that a wind policy is not a requirement under the builder's risk policy. We would recommend that the City reconsiders purchasing a wind policy as part of the builder's risk policy so that any loss that occurs to the project as a result of a hurricane is covered. 3. Risk: Safety Impact on cost: $60,000 - $120,000 Impact on time: 0 days Solution: Safety is included as part or our base bid including all fall protection, trench safety, signage, temporary railings and hole protection, flagmen, fire extinguishers, temporary barricades, personal protective equipment and temporary pedestrian walkway protection along Meridian Ave. We also implement a safety program which requires OSHA 30 Hour personnel on each job site, weekly safety meetings, and safety inspections by an outside vendor. The cost above is for outrigger debris netting on two to four sides of the garage which will greatly reduce the amount of construction debris that may come in contact with adjacent structures, vehicles or pedestrians. 4. Risk: Damage to existing structures/property outside of this projects property boundaries due to the consolidation of soil material caused by dewatering activities. Impact on cost: $1,000 - $50,000, depending upon nature of damage. Impact on time: No foreseeable impact on time. Solution: We would hire an outside engineer to certify, sign and seal the dewatering design provided by the dewatering subcontractor. We would make sure that there are additional piezometers and open observation wells located around the perimeter of the property and near adjacent structures. Additionally we would use turbidity meters to monitor the amount of sediment that is being distributed through dewatering so that we can adjust the design as necessary to minimize the removal of sediment material. Also, we would monitor the storm water run-off and erosion on the site and provide erosion control where necessary. 5. Risk: Coordination of drawings. Impact on cost: $500 - $10,000, depending upon the nature of the conflict. Impact on time: 2 days — 14 days, depending upon the nature of the conflict. Solution: We would place an MEP project manager and CAD operator on the project (as we have done on other projects) to coordinate the shop drawings from subcontractors and vendors in an effort to avoid major conflicts prior to construction/fabrication and delivery of key components. 6. Risk: Quality control. Impact on cost: $100 - $10,000, depending upon level of re -work. Impact on time: 0 — 45 days, depending upon re -work item. Solution: We already anticipate designating a current member of our project team to oversee quality control. In order to keep tighter control over materials, deliveries and workmanship we employ full- time quality control personnel that would inspect materials and workmanship both on-site and at warehouse locations in order to spot defective materials ahead of deliveries. This person would keep a daily log of materials and deficiencies and would up -date as -built drawings to assure that the level of work in place meets the standards as shown in the drawings and specifications. Value Added Options or Alternatives 1. Option: The entire project could be scaffold with containment debris netting on the exterior side of the scaffolding. This would expedite the work of the exterior trades (stucco, steel, glass, louvers, sun control devices, stone, etc.) as well as mask the unsightly construction work. This scaffolding has also been used in other cities as a means to post advertisements through graphics and banners adhered to the exterior of the debris netting. This could be used to advertise upcoming events at the convention center or the Jackie Gleason Theatre, or could be used to generate revenue for the city through outside advertising. Cost: Approximately $600,000 Time: Save 2 to 3 weeks on construction schedule. State of Florida Certified General Contractor License *`DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Z'CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH �_al,'TALLAHASSEEMONROE STRFLT32399-0783 GALMIN, GREGORY FRANCIS THE TOWER GROUP INC 405 S.W. 148TH AVE. DAVIE FL 33325 AUG 07 20:7 3310154 i DETACH HERE (850) 487-1395 STATE OF FLORIDA AC# 3310154 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CGC1509616 07/26/07 070043958 CERTIFIED GENERAL CONTRACTOR GALMIN, GREGORY FRANCIS THE TOWER GROUP INC: IS CERTIFIED under the provisions of Ch.489 vs. 'expiration dates AUG 31, 2008 1.07072601504 ssi STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L07072601504 DATE BATCH NUMBER LICENSE NBR /26/2007 070043958 CGC1509616 'he GENERAL CONTRACTOR tamed below IS CERTIFIED tnder the provisions of Chapter 489 FS. :xpiration date: AUG 31, 2008 3ALMIN, GREGORY FRANCIS 'HE TOWER GROUP INC 605 S.W. 148TH AVE. )AVIE FL 33325 CHARLIE CRIST GOVERNOR DISPLAY AS REQUIRED BY LAW HOLLY BENSON SECRETARY DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION IV/CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 GALMIN, GREGORY FRANCIS THE TOWER GROUP INC 405 S.W. 148TH AVE. DAVIE FL 33325 AUG 07 2C,.7 3310154 DATE it DETACH HERE STATE OF FLORIDA ACID 3310154‘ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CGC1509616 07/26/07 070043958 CERTIFIED GENERAL CONTRACTOR GALMIN, GREGORY FRANCIS THE TOWER GROUP INC• IS CERTIFIED under the provisions of Ch.489 rs. expiration date: AUG 31, 2008 L07072601504 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L07072601504 BATCH NUMBER LICENSE NBR /26/2007 070043958 CGC1509616 'he GENERAL CONTRACTOR lamed below IS CERTIFIED lnder the provisions of Chapter 489 FS. :xpiration date: AUG 31, 2008 3ALMIN, GREGORY FRANCIS .'HE TOWER GROUP INC L05 S.W. 148TH AVE. )AVIE FL 33325 CHARLIE CRIST GOVERNOR DISPLAY AS REQUIRED BY LAW HOLLY BENSON SECRETARY Miami -Dade County Occupational License I MIAMI-DADE COUNTY 2006 OCCUPATIONAL LICENSE TAX 2007 FIRST-CLASS TAX COLLECTOR MIAMI-DADE COUNTY - STATE OF FLORIDA U.S. POSTAGE 140 W. FLAGLER ST. EXPIRES SEPT. 30, 2007 PAID 1144thh FLOOR MUST BE DISPLAYED AT PLACE OF BUSINESS MIAMI, FL Kti'lYi+fI' Vtf1313. '1'0:.II=Pe;:-Fit1$ ht* ireci(t4tiP 9719AROMER SA - ART. 9 & 10 PERMIT NO. 231 THIS IS tJOT A BILL -DO NOT PAY 343491-7 BUSINESS NAME / LOCATION TOWER GROUP INC THE 3161 W 80 ST 33016 HIALEAH OWNER TOWER GROUP INC THE Sec. Tye of Business 196 GENERAL BUILDING CONTRACTOR THIS IS AN OCCUPATIONAL TAX ONLY. IT DOES NOT PERMIT THE LICENSEE TO VIOLATE ANY EXISTING REGULATORY OR ZONING LAWS OF THE COUNTY OR CITIES. NOR DOES IT EXEMPT THE LICENSEE FROM ANY OTHER LICENSE OR PERMIT REOUIRED BY LAW. THIS IS NOT A CERTIFICATION OF I H E LICENSEE'S OUALIFICA. TION. PAYMENT RECEIVED MIAMI-0ADE COUNTY 1A% COLLECTOR: 10/03/2006 60Q4900.0425 000.0115'•.00 SEE OTHER SIDE RENEWAL LICENSE NO. 358745-9 STATE* CGCA38309. WORKER/S 5 DO NOT FORWARD TOWER GROUP INC THE ANTHONY J BURKE PRES 405 SW 148 AVE SUITE ONE DAVIE FL 33325 , j II 1!!1111511! :lillli,isilil„ 111111IIIII iIl Il ilI III)! lli es- al MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY MANAGER Tel: 305-673-7010 , Fax: 305-673-7782 TRANSMITTED VIA FACSIMILE (954-527-7958) AND E-MAIL (ahecklertc7i.shutts.com) November 15, 2007 Mr. Michael J. McAllister Shutts & Bowen, LLP 200 East Broward Boulevard, Suite 2100 Fort Lauderdale, Florida 33301 Re: Invitation to Bid (ITB) No. 34-06/07 — Multipurpose Municipal Parking Facility Bid Package 03 — Garage & Office Building Complex (Except Tenant Build -out) (the "ITB") Dear Mr. McAllister: The following responds to your letter on behalf of MCM Corporation, dated October 16, 2007, whereby you protested the City Manager's recommendation relative to the award of contract in the above -referenced ITB to The Tower Group, as the recommended lowest and best bidder. Accordingly, the City Administration and the Office of the City Attorney have reviewed the issues raised in your protest letter, and hereby respond as follows: 1. Standina and Timelines: To the extent that your October 16, 2007 protest letter addresses issues raised after the bid opening, the City has deemed that said protest is timely, pursuant to Section 2-371(a)(2) of the City Code. 2. Evaluation Methodoloav Utilized by ITB Technical Review Panel: Section 3(a) on pages 3-4 of your October 16, 2007 protest letter sets forth two challenges to the actions of the Technical Review Panel (which you erroneously refer to as the "Selection Committee"), based upon the Panel's scoring of the respective total number of points allocated to each bidder for the 1) Bid Price and 2) Risk Assessment Plan and Value -Added Submittal (RAP/VAS) components of the ITB. The Technical Review Panel Evaluation Process is set forth in Section 00305, on pages 30-32 of the ITB. The Panel, which was composed of members of the City Administration, based its evaluation of the bids in accordance with the "Best Value" Procurement process, as described in Section 00305 on page 30 of the ITB and which, in addition to price, considers past performance on previously completed projects; a Risk Assessment PlanNalue Added Submittal (RAPNAS) prepared by bidders for the project; and the qualifications of key members of the bidders' teams. The Technical Review Panel's recommendations, scoring, and ranking of the bidders is merely advisory to the City Manager, who, after considering the recommendation of the Panel, exercises his own due diligence in review of the bids, and then recommends to the Mayor and City Commission the bid that he deems to be in the best interest of the City (See Section 00305 at page 32 of the ITB). Ultimately, it is the City Commission that is charged with the award of the contract to the lowest and best bidder. As set forth in Section 00310 on page 33 of the ITB, in determining the lowest and best bidder, the City Commission shall consider (in addition to price) the following: a) The ability, capacity and skill of the bidder to perform the Contract. b) Whether the bidder can perform the Contract within the time specified, without delay or interference. c) The character, integrity, reputation, judgment, experience and efficiency of the bidder. d) The quality of performance of previous contracts. e) The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. (See ITB, Section 00310, at page 33). The City Commission's criteria for award in the ITB is also consistent with the criteria for award of bids to the lowest and best bidder, as set forth in Section 2- 369(1) through (5) of the City Code. There are no facts presented in your protest letter to indicate that the Technical Review Panel acted arbitrarily and capriciously by not following the required evaluation and scoring process in the ITB. The ITB required each Panel member to evaluate the bids independently and score them in accordance with the points system allocated therein (See Section 00305 at page 30 of the ITB). Following that, each member's tabulation sheet was recorded by the Procurement Director and the results were read aloud. The Panel's ranking of the bidders was not based on total number of points, but rather on the number of first place votes received; second place votes; and so on. We are committed to providing excellent public service and safely to all who live, work, and play in our vibrant, tropical, historic community. The evaluation and scoring methodology in the ITB did not require the Technical Review Panel to either rank the bidders in order of total number of points received (from highest to lowest), or to "re -adjust" and/or "re -calculate" the total points for (to use your example) price, in accordance with the 11.8% deviation between the highest (MCM Corp.) and the lowest (The Tower Group) bid. Your protest letter therefore bases its assumption that MCM would have been the "lowest bidder" upon a scoring methodology that was neither contemplated in the ITB nor, in fact, the one utilized by the Panel. Indeed, were the Panel to have applied the scoring methodology proposed in your protest letter, rather than the points allocation methodology allocated in the ITB then, under the former, the Panel's rankings would have been arbitrary and capricious (as your proposed methodology significantly deviates from the one required in the ITB). Notwithstanding the Panel's ranking and recommendation (which, as provided in the ITB, is advisory to the City Manager), the City Manager's written recommendation, as set forth in the City Commission Memorandum, dated October 17, 2007 (recommending award of the contract pursuant to the ITB), acknowledges consideration of the 11.8% price deviation between the high (MCM) and low (Tower) bids, but still recommends award to The Tower Group as the lowest and best bidder. Similarly, there is no provision in the ITB, including without limitation, Section 00305 (Technical Review Panel Evaluation Process), which required the Technical Review Panel to adjust its scoring "...to take into account contingency plans or "change orders." Finally, while the City Commission Memorandum does recommend initiating a value engineering process, it is intended that any such process will not be initiated until after the contract is awarded. To initiate a value engineering process with all three (3) ranked bidders prior to award of the contract could result in giving an undue advantage to the second (Team Contracting) and third (MCM) ranked bidders, and therefore would not be recommended. 3. The Tower Group Bid was Misleading and Non -Responsive: In its review of The Tower Group's bid, the City's Procurement Director determined that the bid was responsive. Accordingly, pursuant to Section 2- 371(2)(a) of the City Code, the City Manager and the City Attorney, or their respective designees (in this case, the Director), shall certify whether the submission of the bidder to the bid in question is responsive, and the parties to the bid protest are bound by such determination (with regard to the issue of responsiveness). Notwithstanding the Procurement Director's certification that the bid was responsive, your protest letter alleges that The Tower Group's bid was non- responsive based on the following: We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. a) Failure to Provide Organizational Chart: The Procurement Director's review of the bid finds that Tower complied with the minimum submittal requirements under Section 00315, subsection 1.01(B), at page 36 of the ITB. b) Risk Assessment Plan (RAP): While the City concedes that The Tower Group did not complete the RAP on the City's form (See Section 00320, Attachment 4, at page 48 of the ITB), the Procurement Director has determined that the submitted RAP satisfies the requirements for same, as set forth in Section 00320, Attachment 3, at page 45 of the ITB, which states that: "The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to preplan (identify the risks on a future project in terms of cost ($), time, and client expectation of quality and performance)." In Section 3(b) on page 4 of your protest letter, you state that The Tower Group's RAP "...proposes to transfer over $3.7 million in risks by reserving the option to supplement to the contract. This was against the terms of the solicitation and artificially lowers Tower Groups [sic] bid price." The City disagrees with your interpretation of the RAP and your conclusion. The Risk AssessmentNalue-Added Plan Format (Attachment 4, at page 48 of the ITB) specifically informs all bidders that any potential risks indicated in the RAP must necessarily be included as part of the base submittal. Therefore, notwithstanding that the ITB allows the City the option of accepting or rejecting any of the risk items presented in the RAP (See Attachment 3, at page 45 of the ITB), we interpret the items identified in The Tower Group's RAP as items that would be included within the base bid submittal (not as future change orders and/or contingencies). Additionally, this issue was raised by the Technical Review Panel during its interview of the bidders on August 30, 2007, and a representative of The Tower Group confirmed that all identified risks in Tower's RAP were in fact included in its lump sum base price. c) Eaual Benefits Reauirements: The Procurement Director has verified and confirmed The Tower Group's compliance with the City's Equal Benefits Ordinance. While The Tower Group did check -off the "NO" block under Section 2, Question 1.A., of the Declaration form (See ITB at pages 25 through 27), its response to Section 2, Question 2.C., was marked "YES," and then indicated and checked the benefits that provided for employees with spouses, which We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. would also be provided to employees with domestic partners. While it appears that The Tower Group erroneously filled out Question 1.A., the rest of the form evidences Tower's intent to comply with the Ordinance. We hold this to be harmless error which can be waived as an immaterial variance. Additionally, as part of the City's monitoring for compliance with the Equal Benefits Ordinance, the Procurement Division obtained copies of The Tower Group's Comp Benefits Contract and United Healthcare Certificate of Coverage detailing the domestic partner coverage. Finally, it should also be noted that the City's Equal Benefits Ordinance requires compliance at the time of entering into the contract, not at the time of award. In this case, the City may waive the minor irregularity, because not only did the Procurement Director affirm that Tower had complied with its bid submittal, but also the Ordinance itself provides that a successful bidder may demonstrate compliance after the award (prior to entering into a contract). Therefore, Tower's bid substantially complied with the requirements of the ITB. 4. The Tower Group is not Responsible: Your October 16, 2007 protest letter alleges that The Tower Group is not a responsible contractor and, in support thereof, cites the Miami -Dade County South Dade Cultural Arts, and the Palm Beach County Solid Waste Authority Projects, respectively, as "significantly behind schedule and subject to litigation." The City received nine (9) favorable Performance Evaluation Surveys from The Tower Group's clients. The Surveys evaluated Tower's past performance on the following criteria: a. Ability to manage the project cost (minimize change orders); b. Ability to maintain project schedule (complete on-time or early); c. Quality of workmanship; d. Professionalism and ability to manage (includes responses and prompt payment to suppliers and subcontractors); e. Close out process (no punch list upon turnover, warranties, as- builts, operating manuals, tax clearance, etc. submitted promptly); f. Communication, explanation of risk, and documentation; g. Ability to follow the users rules, regulations, and requirements (housekeeping, safety, etc.); and h. Overall customer satisfaction and hiring again based on performance (comfort level in hiring contractor again). As part of its bid, The Tower Group submitted the following six (6) projects to illustrate its qualifications and experience: We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Midtown Miami North Block; 5th & Lenox; Miami Beach Regional Library; Yulee High School "BBB"; City Palms; and South Miami Dade Cultural Center. It is also important to note that The Tower Group successfully completed the City's Regional Library Project. With regard to the two (2) projects which you reference as the basis for the City to determine that The Tower Group is not a responsible contractor, the City has performed additional independent inquiry and, while it has confirmed that Tower's contract with the Solid Waste Authority has, in fact, been terminated, the parties are continuing to dispute same and the issues are ongoing and (as yet) unresolved. It should also be noted that the contract was terminated after the receipt of submittals/opening date for the ITB. Additionally, the City confirmed that the South Dade Cultural Arts Project is 60% complete, with a substantial completion date of August 2008. While you are correct that there are outstanding requests for change orders that Miami -Dade County and Tower have not come to an agreement on, we do not find this as proof positive that Tower is not a responsible contractor. Again, with respect to the issue of past performance, the City Manager's decision to recommend Tower as the lowest and best bidder was based upon review of all of the projects that were considered. 5. Team Contractina is not Responsive or Responsible: While Team Contracting is not being recommended for award as the lowest and best bidder, and while the principals of Team Contracting may be the same as those of F & L Construction, there is no substantive prohibition in the ITB which would require the City to deem Team non-responsive as a result of this (as it gives Team no material advantage). Notwithstanding, Section 00500 on pages 60-65 of the ITB (Supplement to bid Tender Form) allows the City the discretion to request additional information not submitted in the ITB Questionnaire. Again, while Team Contracting is not being recommended for contract award, should the City Commission decide to award a contract to Team Contracting, they will be contractually responsible to provide all necessary labor, materials and equipment to successfully complete this project. Conclusion: For the reasons set forth herein, your protest is hereby denied. You may appeal my decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. and for Miami -Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. Sincerely, Jt.07-k_at Jorge M. Gonzalez City Manager c: Mayor David Dermer Members of the City Commission Jose Smith, City Attorney Raul Aguila, First Assistant City Attorney Bob Parcher, City Clerk Gus Lopez, Procurement Director We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. CI- MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov OFFICE OF THE CITY MANAGER Tel: 305-673-7010 , Fax: 305-673-7782 TRANSMITTED VIA FACSIMILE (954-465-2590) AND E-MAIL (MKURZMAN@SIEGFRIEDLAW.COM) November 15, 2007 Michael J. Kurzman Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. 8211 West Broward Boulevard, Suite 250 Plantation, FL 33324 Re: Invitation to Bid (ITB) No. 34-06/07 — Multipurpose Municipal Parking Facility Bid Package 03 — Garage & Office Building Complex (Except Tenant Build -out) (the "ITB") Dear Mr. Kurzman: The following responds to your letters on behalf of Team Contracting, dated, respectively, October 16 and 17, 2007, whereby you protested the City Manager's recommendation relative to the award of contract in the above -referenced ITB to The Tower Group, as the recommended lowest and best bidder. Accordingly, the City Administration and the Office of the City Attorney have reviewed the issues raised in your protest letters, and hereby respond as follows: 1. OHL Trades with Cuba: Both your October 16 and October 17, 2007 protest letters allege that OHL, S.A., one of the entities with controlling financial interest in The Tower Group (as disclosed in Tower's bid), violates the City's Code of Business Ethics, and United States foreign policy, as OHL does business in Cuba. Subsequent to receipt of your protest letters, requests to inspect public documents maintained by the City with regard to the ITB were made by The Tower Group. Following its public records review, on October 24, 2007, The Tower Group submitted an executed affidavit, attached and incorporated as Exhibit "A" hereto, stating that: 1) The Tower Group has not exported any goods, technology or services to Cuba "...or otherwise violated the U.S. embargo against Cuba or any local law with similar policy objectives;" 2) Huarte, S.A., a company acquired by OHL, did business in pre -Castro Cuba'; and 3) Construcciones Lain, S.A., a Spanish company acquired by OHL, performed consulting work and certain technical services for companies that did work in Cuba, but said contracts were terminated by OHL subsequent to its acquisition of Construcciones Lain, S.A. While we believe that The Tower Group's affidavit speaks for itself, you have presented no evidence to show that Tower has actually been found to be in violation of the Trading with the Enemy Act and/or the Cuban Assets Control Regulations. As your cited authority is federal law, any attempt by a local government to enforce and/or make a finding under such law(s) would necessarily be pre-empted under the Supremacy Clause. In Miami Light Project, et al v. Miami Dade County, 97 F. Sup 2d 1174 (S.D. Fla 2000), in granting Plaintiffs injunction barring enforcement of the County's "Cuba Affidavit," the court (quoting Hines v. Davidowitz, 312 U.S. 52, 67, 61 S. Ct. 399, 85 L. Ed. 581 (1941)) stated, "When Congress legislates in an area of foreign relations, there is a strong presumption that it intended to pre-empt the field, in particular where the federal legislation does not touch on a traditional area of state concern." In the instant case, any alleged violation of federal law --specifically, such laws prohibiting U.S. companies from transacting business with Cuba --must be determined by applicable federal authorities, and the City is pre-empted from enforcement of same. 2. The Tower Group's Risk Assessment Plan (RAP) Manipulates Towers Bid Price: While the City concedes that The Tower Group did not complete the RAP on the City's form (See Section 00320, Attachment 4, at page 48 of the ITB), the Procurement Director has determined that the submitted RAP satisfies the requirements for same, as set forth in Section 00320, Attachment 3, at page 45 of the ITB, which states that: "The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to preplan (identify the risks on a future project in terms of cost ($), time, and client expectation of quality and performance)." Your October 17, 2007 protest letter alleges that The Tower Group's RAP served to "manipulate" its bid price downward by not properly addressing risks, identified in the RAP; having the effect of putting the City on notice of anticipated change orders (See Team's October 17, 2007 protest letter at page 3). The City disagrees with your interpretation of the RAP and your conclusion. The Risk Assessment/Value-Added Plan Format (Attachment 4, at page 48 of the 1 The reason that Cuba was listed in OHL's website, is that Huarte, S.A., a company that was later acquired to become part of Tower's parent company, OHL, provided certain services in Cuba in the 1950's, prior to the current regime and prior to the enactment of the U.S. restrictions on trade with Cuba. We are committed to providing excellent public service and safely to all who live, work, and play in our vibrant, tropical, historic community ITB) specifically informs all bidders that any potential risks indicated in the RAP must necessarily be included as part of the base submittal. Therefore, notwithstanding that the ITB allows the City the option of accepting or rejecting any of the risk items presented in the RAP (See Attachment 3, at page 45 of the ITB), we interpret the items identified in The Tower Group's RAP as items that would be included within the base bid submittal (not as future change orders and/or contingencies). Additionally, this issue was raised by the Technical Review Panel during its interview of the bidders on August 30, 2007, and a representative of The Tower Group confirmed that all identified risks on Tower's RAP were in fact included in Tower's lump sum base bid price. 3. Equal Benefits Ordinance: The Procurement Director has verified and confirmed The Tower Group's compliance with the City's Equal Benefits Ordinance. While The Tower Group did check -off the "NO" block under Section 2, Question 1.A., of the Declaration form (See ITB at pages 25 through 27), its response to Section 2, Question 2.C., was marked "YES," and then indicated and checked the benefits that it provided for employees with spouses, which would also be provided to employees with domestic partners. While it appears that The Tower Group erroneously filled out Question 1.A., the rest of the form evidences Tower's intent to comply with the Ordinance. We hold this to be harmless error which can be waived as an immaterial variance. Additionally, as part of the City's monitoring for compliance with the Equal Benefits Ordinance, the Procurement Division obtained copies of The Tower Group's Comp Benefits Contract and United Healthcare Certificate of Coverage detailing the domestic partner coverage. Finally, it should also be noted that the City's Equal Benefits Ordinance requires compliance at the time of entering into the contract, not at the time of award. In this case, the City may waive the minor irregularity, because not only did the Procurement Director affirm that Tower had complied with its bid submittal, but also the Ordinance itself provides that a successful bidder may demonstrate compliance after the award (prior to entering into a contract). Therefore, Tower's bid substantially complied with the requirements of the ITB. 4. The Tower Group's Bid is Technically Non -Responsive: In its review of The Tower Group's bid, the City's Procurement Director determined that its bid was responsive. Accordingly, pursuant to Section 2- 371(2)(a) of the City Code, the City Manager and the City Attorney, or their respective designees (in this case, the Director), shall certify whether the submission of the bidder to the bid in question is responsive, and the parties to the bid protest are bound by such determination (with regard to the issue of We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community responsiveness). Notwithstanding the Procurement Director's certification that Tower's bid was responsive, in support thereof the City further states as follows: a) The Tower Group identified 37 cases relative to claims, arbitrations, litigations in which The Tower Group was involved. There was sufficient information provided with each case (i.e. case numbers, litigants, and summary of the case). Additionally, Section 00500 (Supplement to bid/Tender Form) on page 60 through 66 of the ITB allows for the submittal of supplemental information (to any of the items in the Questionnaire therein, including the question pertaining to litigation history, at the City's discretion. b) The City received nine (9) favorable Performance Evaluation Surveys from The Tower Group's clients. The Surveys evaluated Tower's past performance on the following criteria: a. Ability to manage the project cost (minimize change orders); b. Ability to maintain project schedule (complete on-time or early); c. Quality of workmanship; d. Professionalism and ability to manage (includes responses and prompt payment to suppliers and subcontractors); e. Close out process (no punch list upon turnover, warranties, as- builts, operating manuals, tax clearance, etc. submitted promptly); f. Communication, explanation of risk, and documentation; g. Ability to follow the users rules, regulations, and requirements (housekeeping, safety, etc.); and h. Overall customer satisfaction and hiring again based on performance (comfort level in hiring contractor again). As part of its bid, The Tower Group submitted the following six (6) projects to illustrate its qualifications and experience: Midtown Miami North Block; 5th & Lenox; Miami Beach Regional Library; Yulee High School "BBB"; City Palms; and South Miami Dade Cultural Center. It is also important to note that The Tower Group successfully completed the City's Regional Library Project. With regard to the two (2) projects which you reference as the basis for the City to determine that The Tower Group is not a responsible contractor, the City has performed additional independent inquiry and, while it has confirmed that We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community Tower's contract with the Solid Waste Authority has, in fact, been terminated, the parties are continuing to dispute same and the issues are ongoing and (as yet) unresolved. It should also be noted that the contract was terminated after the receipt of submittals/opening date for the ITB. Additionally, the City confirmed that the South Dade Cultural Arts Project is 60% complete, with a substantial completion date of August 2008. While you are correct that there are outstanding requests for change orders that Miami -Dade County and Tower have not come to an agreement on, we do not find this as proof positive that Tower is not a responsible contractor. Again, with respect to the issue of past performance, the City Manager's decision to recommend Tower as the lowest and best bidder was based upon review of all of the projects that were considered. c) Tower complied with the minimum submittal requirements under Section 00315, subsection 1.01 (B) at page 36 of the ITB. The Tower Group's bid did in fact include an organizational chart. Additionally, the resumes of its proposed team were also included as part of Tower's bid. 4 Conclusion: For the reasons set forth herein, your protest is hereby denied. You may appeal my decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, in accordance with the applicable court rules. Any action not brought in good faith shall be subject to sanctions including damages suffered by the City and attorney's fees incurred by the City in defense of such wrongful action. Sincerely, -))1 _i_,,,,,,,c 06ige M. Gonzalez City Manager c: Mayor David Dermer Members of the City Commission Jose Smith, City Attorney Raul Aguila, First Assistant City Attorney Bob Parcher, City Clerk Gus Lopez, Procurement Director We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. THE TOWER GROUP Gonefal Cc.miECIC,Ors Const ucton Mcinagement Cortk bosign-guHd S Vo -rt fisti;v:(.ng Vokie i'ingir,4aefinc? rosl :October 24, 2007 BY ELECTRONIC MAIL ;Mr-. Gus Lopez:, CPPO, Procurement Director . City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach,. florida_331.39 RE: Affidavit of Lauro Rravar — Multipurpose Parking Facility (ITR No. 34-06/07) Dear Mr. Lcpez Enclosed is the requested affidavit from the President of The Tower Group, Inc., Lauro Hravar. Should any other concerns arise, please do not hesitate to contact me. Best regar CaiTArdavii, Executive Vitt President The Tower Group 4OSW. 14}3ti Aver&R • Sude, One- • Daile, Fic3ricia SS:Q.6 • lei. •Fm: •?54•473•:;;:, ,i3936 61.1.a:ie. E:v • Suiie, 10,5 • Fkta,lenton, FL 342020 Tei: t)41.•967.'95A72: • 941.-,401.f4f3ii 11315 51Priik • ,JoriF,sonOile, FfoOd:17..SW:ik;• 'ref; 9i.)•1•2!92•1 ki";'1 • f•csg 904. 'A>2•4865- Affidavit on behalf of The Tower Groun. Tnc. in re : a'ialtapurpose Municipal Parking Facil:iy 34-06/07) 3 , My name is Lauro Brava, and 1 aan the President ofl'he Tower Group, Inc. ("Power"), 2, Tower is a Florida corporation and an affiliate of the OHL € iroup. X. Tower has not exported any goods, technology or services to Cuba, either directly or indirectly: Similarly,.Tower has not.imported goods ot'Cuban origin, caused U.S. roods to be exported to Cuba, made investments (dire tly or indirectly) in Cuba or in Cuban entities, entered into. contracts with Cuba or. Cuban entities, or otherwise violated the U.S. embargo against Cuba. or any local law with similar policy objectives. . Huane, S. A.., a company that was later acquired to become part of Tower's ultimate parent, OHL, S.A.,-provided certain services in Cuba. in the 1950s, prior to the current regime and prior to the ena .finent of the U.S. restrictions. on trade with Cuba. 0111..!s predecessor also acquired a Spanish company, Construcciones Lain, S.A., which, prior to its acquisition by O}'IUs pr•edecessor,.perforrned consulting work and certain technical services for other companies that did work in. Cuba. After the acquisition: of Co.nstrucciones Lain, S.A:, OHL terminated all contraets that concerned work or services previously provided by Construeeciones Lain, S.A. to companies doing work in Cuba, The OHL Group has no current business relationships with Cubaor Cuban entities. 7. T submit this affidavit voluntarily, based. on my knowledge and belief and under penalty - of perjury, STATE OF FLORIDA BROWARD COUNTY Laurer I3rwar, President, The Tower Group, Inc. ) ) SS: 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared Lauro Flravar, who 'fie.j is personally known to me or LI provided identification in the form of , a dA ver swore or affirmed under penalty of penury and subscribed the foregoing host trnent this da yof October, 2007. Notary Stamp: it i ; t , 4. ,,' r. t` � No6.ar-y Public Si nature E , Mi • 027a+iFakleN3 •• 1 £F79S3a ✓-! Y . t 1 \ t AN \\ t J �/t-w•....+ Printed or Typed •Cine of Notary t .MARILYN K A IA MY CtIMMitit'ilON 50505. ExPAES3ty A, MO ._ 3a, s wz Nam, �tay. s�s,r< THE TOWER GROUP GOrief0; CC113fIrto£s construction on Management October 25, 2007 .BY FAXAND ELECTRONIC MAIL Mr. Gus Lopez. C;PPO, Procurement-1`)irmor City of Miami Beach Proeurcrnent.Dirisiorn 1.700 Convention Center Drive . Miami Beach, Florida 33139 RE: MCM Bid Protest - Multipurpose .Parking Faeility(ITB No. 34-06/07) }ear Mr. Lopez: You requested information addreessing the allegations made by MCM Corp. ("MCM") and Teatn Management hie. ("'.tMe) that The Tower Group ("Tower'") is not a responsible bidder for this procurement: '1'he following is a short factual desc .ption of the two- projects that. MC;: 1 and TMI address in their bid protests, the Solid Waste Authority project in Palfin Beach County (the "SWA Project'") and the South Dade Cultural Arts Center project (the "South Dade Project")._ The hallowing infornmation belies MCM and TM1's atlleeations that Tower is not .a responsible proposer for the City of Miami Beach's Multipurpose Municipa.l. Parking aciiity project (the "Miami Beach Project"). A, The SWA. Pro eet in 2003, Tower entered into a wi tract with SWA to construct. a trash transfer facility in two phases. Phase I included four buildings (A, 13, C and 1)) and a trash transfer station. Phase .11 included a new recycling :facility. The. SWA Project was delayed significantly as a result of SWA and its eonsuhtant ' inability to procure a building permit for the job until six months after issuance of the Notice to Proceed. Progress on the SWA Project was also adversely impacted by the =unforeseen unavailability of concrete and steel in the fall of 2004. and the winter of 2005, as well as the record7break€ng, 2004 and 2005 hurricane seasons. Moreover,. Tower's progress was further .impeded by numerous deficiencies in the Project's plans. During the course of the work, Tower complied with the contract's provisions and submitted. requests for time extensions in excess of 450 days. Regrettably, the consultants. for SWA unreasonably declined ::3 grant the time extensions, and recommended termination on October 16. 2007 atter Tower had submitted its bid on the Miami Beach Project. The issues that remain unresolved an the SWA Project ate not atypical, and include unpaid change orders and unapproved time extensions. It should be noted that "Power made continued, and. diluent attempts to complete this Project despite the lack of cooperation by SWA's consultants. 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