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EAC Consulting, Inc.~oo~~ ~ -3~/ ~~- PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA AND EAC CONSULTING, INC. FOR ~ 7y9 c y~- CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR PROJECTS IN WHICH CONSTRUCTION COSTS DO NOT EXCEED $1 MILLION OR FOR STUDY ACTIVITY (IES) WHEN THE FEE FOR SUCH PROFESSIONAL SERVICE(S) DOES NOT EXCEED $50,000 JUNE 2008 ~~ ~ ~ ~ ~s° ~.~ ~a PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 5 1.1 City 5 1.2 City Commission 5 1.3 City Manager 5 1.4 Proposal Documents 5 1.5 Consultant $ 1.6 City Project Coordinator 6 1.7 Program Manager -Intentionally omitted 6 1.8 Basic Services 6 1.9 The Project 6 1.9.1 The Project Cost 6 1.9.2 The Project Scope 6 1.10 Construction Cost 7 1.10.1 Construction Cost Budget 7 1.10.2 Statement of Probable Construction Cost 7 1.11 Force Majeure 7 1.12 Contractor 7 1.13 Contract Documents 7 1.14 Contract Amendment g 1.15 Contract for Construction g 1.16 Additional Services g 1.17 Work g 1.18 Services g 1.19 Schedules 9 1.20 Scope of Services 9 ARTICLE 2. BASIC SERVICES g 2.1 Administration, Inspection, and Materials Sampling and Testing 9 2.2 Responsibility for Claims and Liabilities 9 2.3 Time 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 14 ARTICLE 4. ADDITIONAL SERVICES 1 g ARTICLE 5. REIMBURSABLE EXPENSES 19 ARTICLE 6. COMPENSATION FOR SERVICES 19 ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS 21 ARTICLE 8. OWNERSHIP AND USE OF DOCUMENTS 21 2 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 ARTICLE 9. TERMINATION OF AGREEMENT 21 9.1 Termination for lack of Funds 21 9.2 Termination for Cause 21 9.3 Termination for Convenience 22 9.4 Termination by Consultant 22 9.5 Implementation of Termination 23 9.6 Non-Solicitation 23 ARTICLE 10. INSURANCE 24 ARTICLE 11. INDEMNIFICATION 25 ARTICLE 12. VENUE 25 ARTICLE 13. LIMITATION OF LIABILITY 25 ARTICLE 14. MISCELLANEOUS PROVISIONS 26 ARTICLE 15. NOTICE 29 SCHEDULES: SCHEDULE A CONSULTANT SERVICE ORDER (SCOPE OF SERVICES) 31 SCHEDULE B CONSULTANT COMPENSATION 32 SCHEDULE C HOURLY BILLING RATE SCHEDULE 33 SCHEDULED PROJECT SCHEDULE 34 SCHEDULE E INSURANCE CHECKLIST 35 3 .. __ .... _ _. _. __ _ .. PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEn SERVICES ON AN "AS NEEDED" BASIS June 2008 TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EAC CONSULTING, INC. FOR PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS This Agreement made and entered into this day of , 2008, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139,. and EAC Consulting, Inc., a Florida corporation having its principal office at 815 NW 57~' Avenue, Suite 402 Miami, FL 33126 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the City undertake(s) various capital projects within the City of Miami Beach, and wishes to engage the Consultant to provide professional services for certain projects to be assigned, at the City's discretion and by means of the issuance of a "Consultant Service Order" (similar to the form shown in Schedule "A" to this Agreement); and WHEREAS, the Consultant desires to contract with the City for performance of professional services relative to those projects assigned by the City, as specifically described in the Consultant Service Order. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreements herein contained, agree as follows: 4 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 ARTICLE 1. DEFINITIONS 1.1 CITY: The "City" shall mean the City of Miami Beach, a Florida municipal ~ corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City Manager shall be construed to include any duly authorized designees, including the Project Coordinator and shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the Request for Qualifications (RFQ) No. 01-07/08 FOR THE ESTABLISHMENT OF A PRE- APPROVED LIST OF PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEIJ FIIZMS TO PROVIDE VARIOUS CEI SERVICES, ON AN AS NEEDED BASIS issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. 1.5 CONSULTANT: The "Consultant" is herein defined as EAC Consulting, Inc., a Florida corporation having its principal office at 815 NW 57~' Avenue, Suite 402 Miami, FL 33126. When the term "Consultant" is used in this Agreement it shall be deemed to include any sub-consultants and any other person or entity acting under the direction or control of Consultant. Any subconsultants retained by Consultant pursuant to this Agreement and the Project shall be subject to prior written approval of the City. 5 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEl) SERVICES ON AN "AS NEEDED" BASIS June 2008 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project, except as otherwise provided herein. 1.7 Intentionally omitted. 1.8 BASIC SERVICES: "Basic Services" shall include those services, as described in the "Consultant Service Order", issued by the City to the Consultant hereunder, and attached as Exhibit A, hereto. 1.9 PROJECT: The "Project" shall mean the City project, described in the "Consultant Service Order." 1.9.1 PROJECT COST: The "Project Cost", as established by the City, shall mean the total cost of the Project to the City including, without limitation, the Construction Cost, professional compensation, land cost, fmancing cost, testing services, surveys, and other miscellaneous costs. 1.9.2 PROJECT SCOPE: The "Project Scope" shall mean the description of the Project contained in the "Consultant Service Order" issued to the Consultant by the City (as may be modified by any approved change orders issued subsequently). 1.10 CONSTRUCTION COST: The "Construction Cost" for the Project shall mean the sum which is the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant and approved by the City, including, at current market rates (with a reasonable allowance for overhead and profit), the cost of labor and materials and any equipment which has been designed, specified, selected or specifically provided for by the Consultant and approved by the City, and including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20%) of construction cost for rehabilitation of historic buildings, and not including the compensation of the Consultant and any subconsultants, the cost of land, rights-of--way, surveys, testing, or other reimbursable 6 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 expenses. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsible bidder or proposer for any and all of such Work. 1.10.1 CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean an amount budgeted by the City for Construction Cost, as may be specified in the Project Scope. 1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean a forecast of Construction Cost prepared by the Consultant, for the guidance of the City. For Work which bids or proposals have not been let, the Construction Cost shall be the same as the latest Statement of Probable Construction Cost. The City shall have the right to verify, the Statement of Probable Construction Cost or detailed cost estimate by the Consultant. 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations, enacted after the date of this Agreement and having a substantial impact on the Project; other causes beyond the parties' control; or by any other such causes which the Consultant and the City decide in writing justify the delay; provided, however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 1.12 CONTRACTOR /CONTRACTORS: "Contractor" or "Contractors" shall mean those persons or entities responsible for performing Work or providing materials, supplies and equipment identified in a bid and construction documents for the Project. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement and all exhibits and amendments hereto including, without limitation, the Consultant Service Order. As applicable to the Project and the Services hereto, Contract Documents may 7 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASTS June 2008 also include the Contract for Construction; Conditions of the Contract (General, Supplementary and other Conditions); Construction Documents; and any addenda issued prior to execution of the Contract for Construction. A Modification is one of the following: (1) written amendment to this Agreement or the Contract for Construction signed by both parties; (2) an approved Change Order; (3) a Construction Change Directive; or (4) a written order for a minor change in the Work issued by the Consultant. 1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean a legally binding agreement between the City and Contractor(s). 1.15 CONTRACT AMENDMENT: "Contract Amendment" shall mean the written order to the Contractor approved by the City, as specified in this Agreement, and signed by the City's duly authorized representative, authorizing a change in the Project or the method and manner of performance thereof, or an adjustment in the fees and/or completion dates, as applicable. Contract Amendments shall be approved by the City Commission, if they exceed twenty-five thousand dollars ($25,000.00) or the City Manager if they are twenty- five thousand dollars ($25,000.00) or less in amount (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the City Manager shall retain the right to seek and obtain concurrence of the City Commission for the approval of any such Contract Amendment. 1.16 ADDITIONAL SERVICES: "Additional Services" shall mean those services described in Article 4 herein, which have been duly authorized in writing by the City Manager prior to commencement of same. 1.17 WORK: "Work" shall mean the work to be performed on the Project by the Contractor, pursuant to the applicable Contract Documents, whether completed or partially completed, and includes labor and materials, equipment, and services provided, or to be provided, by the Contractor to fulfill its obligations. 1.18.1 SERVICES: "Services" shall mean the services to be performed on the specified Project by the Consultant pursuant to this Agreement (and the Consultant Service Order), 8 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 whether completed, or partially completed, and includes other labor and materials, equipment and services provided, or to be provided, by Consultant to fulfill its obligations herein. 1.19 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement as follows: Schedule A -Consultant Service Order (Scope of Service). Schedule B -Consultant Compensation: The schedule of compensation to the Consultant for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional Services, as submitted by the Consultant and approved by the City. Schedule C -Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates to the Consultant as submitted by the Consultant and approved by the City. Schedule D -Project Schedule (if determined applicable by City). Schedule E -Insurance Checklist. 1.20 SCOPE OF SERVICES: "Scope of Services" shall mean the Project Scope as described in the Consultant Service Order issued by the City hereunder (Schedule "A"), together with any Additional Services approved by the City, as described in Articles 2 and 4, respectively herein. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services, on an "as needed basis," meaning that each firm awarded a contract hereby agrees to be placed on a professional CEI list where the City may call upon them to perform professional services for certain City projects, as assigned by the City, in its sole discretion and judgment. As the need for service arise, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. CEI services will be quoted as a lump sum based on the estimated hours to complete a project. Detailed hourly rates will be negotiated for all personnel classifications for the firms. 9 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 The Services will be performed by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager, or his designee. Consultant shall countersign the Consultant Service Order upon receipt, and return the signed copy to the City. The Consultant shall coordinate with subconsultants and other consultants, and conform to all applicable codes and regulations. Consultant, as it relates to the Services, represents and warrants to the City that it is knowledgeable of codes, rules and regulations applicable in the jurisdictions in which the Project is located, including, local ordinances and codes (City of Miami Beach and Miami-Dade County), Florida Statutes, administrative rules and regulations (including the regulations of the Florida Department of Transportation [FDOT] and Florida Department of Environmental Protection [FDEP], if applicable), and Federal laws, rules and regulations. The Consultant agrees to comply with all such laws, codes, rules, and regulations now in effect, and as may be amended or adopted at any time, and shall further take into account all known pending changes to the foregoing, of which it should reasonably be aware. The Consultant expressly agrees that all of its duties, services and responsibilities under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of projects of this nature in South Florida. In addition, Consultant represents that it is experienced and fully qualified to perform the Services contemplated by this Agreement, and that it is properly licensed pursuant to the applicable laws, rules and regulations to perform such Services. Consultant warrants that it shall be responsible for the technical accuracy of its work and the Services. 2.2 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of their designs, working drawings, specifications or other documents and services; nor shall such approval be deemed to be an assumption of such responsibility by the City for a defect, error or omission in designs, working drawings, specifications or other documents prepared by the Consultant, its employees, subcontractors, agents and consultants. However, the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City and its employees. to PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 2.3 TIME: It is understood that time is of the essence in the completion of this Project, and in this respect the parties agree as follows: 2.3.1 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement and the orderly progress of the Work. 2.3.2 The parties agree that the Consultant's Services during all phases of the Project will be performed in a manner that shall conform to the Consultant Service Order (or the approved Project Schedule, if City determines one is required). The Consultant may submit requests for an adjustment to the time provided for completion of the services in the Consultant Service Order (or the approved Project Schedule, if applicable) made necessary, by undue time taken by the City to approve the Consultant's submissions, and/or excessive time taken by the City to approve the Services or parts of the Services. The City shall not unreasonably refuse to approve such adjustment(s) to the time period(s) provided in the Consultant Service Order (or the approved Project Schedule, if applicable) if the request is made in a timely manner and is fully justified. 2.3.3 In providing the Services described in this Agreement, the Consultant shall use its best efforts to maintain, on behalf of the City, a constructive, professional, cooperative working relationship with the City's Project Coordinator, Contractor(s), and others that have been contracted to perform services and / or work pertaining to the Project. 2.3.4 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance except to the extent that acts or omissions by the City or others make such performance impossible. 2.3.5 Whenever during the term of this Agreement, others are required to verify, review, 11 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEn SERVICES ON AN "AS NEEDED" BASIS June 2008 or consider any work performed by Consultant, including but not limited to the design professionals, Contractors, and other consultants retained by the City, Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be construed to mean as soon as possible under the circumstances, taking into account the time period(s) and requirements of the Consultant Service Order (or the approved Project Schedule, if applicable). 2.3.6 The City shall have the right at any time, and in its sole and absolute discretion, to submit for review to consulting engineers or consulting architects or other consultants, engaged by the City at its own expense for that purpose, any or all parts of the services performed by the Consultant, and the Consultant shall cooperate fully in such review at the City's request. 2.3.7 Consultant agrees that, when the Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certification of authorization, or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 2.3.8 Consultant agrees to employ and designate in writing, within five (5) calendar days after receiving a signed Consultant Service Order, a qualified professional to serve as the Consultant's project manager (herein after referred to as "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of Services to be provided and performed under this Agreement. 2.3.9 Consultant agrees, within fourteen (14) calendar days of receipt of written notice to do so from City, to promptly remove and replace Project Manager, or any other personnel employed or retained by Consultant, or any subconsultant or subcontractors engaged by Consultant, which request may be made by City insofar as the request is neither capricious nor arbitrary. 2.3.10 Consultant herein represents to City that it has expertise in the type of professional services that will be performed and pursuant to this Agreement. Consultant agrees 12 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 that all Services to be provided by Consultant pursuant to this Agreement shall be subject to City's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with applicable published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies having jurisdiction over the Project or the Services to be performed by Consultant hereunder. In the event of any conflicts in these requirements, Consultant shall notify City of such conflict and utilize its best professional judgment to advise City regarding resolution of each such conflict. 2.3.11 Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without City's prior written consent, or unless incident to the proper performance of Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning Services to be rendered by Consultant hereunder, and Consultant shall require its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 2.3.12 The City and Consultant acknowledge that the Scope of Services under the Consultant Service Order (attached as Schedule "A" hereto) may not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of the performance of the Services contemplated in this Agreement, Consultant determines that work should be performed to complete the Project which is, in the Consultant's opinion, outside the level of effort originally anticipated, whether or not the Scope of Services identifies the work items, Consultant shall notify the Project Coordinator, in writing, in a timely manner, and obtain said Project Coordinator's written consent, before proceeding with the work. The Project Coordinator must comply with Contract Amendment processing requirements as outlined in Article 1.14, prior to issuance of any written authorization to proceed with Additional Services to Consultant. If Consultant proceeds with additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be 13 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 within the original level of effort, and deemed included as a Basic Service herein, whether or not specifically addressed in the Scope of Services (Consultant Service Order). Notice to the Project Coordinator does not constitute authorization or approval by the City to perform the work. Performance of work by Consultant outside the originally anticipated level of effort without the prior written consent of the City shall be at Consultant's sole risk. 2.3.13 Consultant shall establish and maintain files of documents, letters, reports, plans, etc. pertinent to the Project. Consultant shall provide City with a copy of applicable Project correspondence for City to file in its filing system. 2.3.14 It is further the intent of this Agreement that the Consultant shall perform its duties under this Agreement in a competent, timely and professional manner and that it shall be responsible to the City for any failure in its performance except to the extent that acts or omissions by the City or others make such performance impossible. 2.3.15 In the event Consultant is unable to timely complete the Project because of delays resulting from delays which are caused by factors outside the control of Consultant, Consultant shall provide City with immediate written notice stating the reason for such delay and a revised anticipated schedule of completion. City, upon review of Consultant's submittal and such other documentation as the City may require, may grant a reasonable extension of time for completion of the Project and may provide reasonable compensation, if appropriate. 2.3.16 The Consultant covenants with the City to furnish its Services hereunder properly, in accordance with the standards of its profession and in conformance with applicable construction, building and health codes and other applicable Federal, State and local rules, regulations and laws, of which it should reasonably be aware, throughout the term of this Agreement. City participation in the Project in no way relieves the Consultant of its professional duties and responsibilities under applicable law and under the Contract Documents. 14 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City shall designate in writing a Project Coordinator to act as the City's representative with respect to the services to be rendered under this Agreement (herein after referred to as Project Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to Consultant's Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.14 requirements, including but not limited to the following: a) The Consultant Service Order. b) The time the Consultant is obligated to commence and complete all such Services; or c) The amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall assist Consultant by placing at Consultant's disposal, all information the City has available pertinent to the Project, including previous reports and any other data relative to design or construction of the Project. It shall be fully understood that City, in making such reports, site information, and documents available to the Consultant is in no way certifying representing and/or warranting as to the accuracy or completeness of such data, including, but not limited to, any information provided in the City's Request for Qualifications and backup documentation thereto. Any conclusions or assumptions drawn through examination there of shall be the sole responsibility of the Consultant and subject to whatever measure it deems necessary to final verification essential to its performance under this Agreement. Services required due to inaccurate, incomplete or incorrect information supplied by the City may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator's written consent, before proceeding with the work. If Consultant proceeds with the Additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service herein. 15 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 3.3 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as may be required at any time for the Project, including such auditing services as the City may require to verify the Consultant's applications for payment or to ascertain that Consultant has properly remitted payment due to subconsultants or vendors working on this Project for which Consultant has received payment from the City. 3.4 If the City observes or otherwise becomes aware of any fault or defect in the Project or non-conformance with the Contract Documents, the City shall give prompt written notice thereof to the Consultant. 3.5 The City shall furnish required information and services and render approvals and decisions in writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services. No approvals required by the City during the various phases of the Project shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.6 The City Commission shall be the fmal authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 3.6.1 The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement, except when noted otherwise (i.e., where delegated to the City Manager or his designee) in this Agreement. 3.6.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 16 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 3.6.3 All required City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.6.4 The City Commission shall hear appeals from the administrative decision of the City Manager's appointed designee(s), upon the Consultant's written request, in which case the Commission's decision shall be final. 3.6.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.7 The City Manager or his designee(s) shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. These authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the Consultant. 3.7.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's Services. The City Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 3.7.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.7.3 The City Manager, or his designee, shall be the sole representative of the City 17 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 authorized to issue a Consultant Service Order. 3.7.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 3.7.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement. ARTICLE 4. ADDITIONAL SERVICES 4.1 Additional Services for Projects under this Agreement will only be performed by the Consultant following receipt of a written authorization by the City Manager or his designee, prior to commencement of same. Such authorization shall contain a description of the Additional Services required; "Not to Exceed" fee with a "Not to Exceed" amount on additional Reimbursable Expenses (if any) and an amended completion date for the Project (if any). "Not to Exceed" shall mean the maximum cumulative fees allowable, which the Consultant shall not exceed without specific written authorization from the City. The "Not to Exceed" amount is not a guaranteed maximum cost for the services requested by the City. 4.2 The term "Additional Services" includes services involving the Consultant or any subconsultants whether previously retained for the Services or not or whether participating as members with Consultant or not, subject to the City's right to previously approve any change in Consultants as set forth in this Agreement. 4.3 Additional Services may consist of the following: 4.3.1 Serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding unless such preparation has arisen from the failure of the Consultant to meet the Standard of Care set forth in the Agreement. 18 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 4.3.2 If determined applicable by the City, preparing documents for Change Orders, or supplemental work, initiated at the City's request and outside the Scope of Services and specified in the Construction Documents after commencement construction. 4.3.3 Providing such other professional services to the City relative to the Project which arises from subsequent circumstances and causes (excluding circumstances and causes resulting from error, inadvertence or omission of the Consultant) which do not currently exist or which are not contemplated by the parties at the time of execution of this Agreement. ARTICLE 5. REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional Services and include actual expenditures made by the Consultant in the interest of the Project. All Reimbursable Expenses pursuant to this Article, in excess of $1,000, must be authorized in advance in writing by the City's Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted by the Consultant to the City, along with supporting receipts, and other back-up material reasonably requested by the City, and Consultant shall certify as to each such invoice that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement". 5.2 Expenses subject to reimbursement in accordance with the above procedures may include the following: 5.2.1 Expense of reproduction, postage and handling of drawings, specifications and other documents, excluding reproductions for the office use of the Consultant and sub-consultants. Courier and postage between the Consultant and its sub- consultants are not reimbursable. 5.2.2 Fees for all necessary permits required for the performance of the Work. 19 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 ARTICLE 6. COMPENSATION FOR SERVICES 6.1 In consideration of the Basic Services to be provided herein, the Consultant shall be compensated the not to exceed, cost reimbursable fee listed in Schedule "B" attached hereto (Consultant Compensation). 6.2 Additional Services authorized in accordance with Article 4 will be compensated. Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 6.1 above. All Additional Services must be approved by the Project Coordinator, in writing, prior to commencement of same, as noted in Article 4. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City Project Coordinator. Request for payment of Additional Services shall be included with the monthly Basic Services payment request noted in Article 6.1 above. All Additional Services must be approved by the Project Coordinator, in writing, prior to commencement of same, as noted in Article 4. Under no circumstances shall the "Not to Exceed" amount noted in Schedule "B" be exceeded without prior written approval from the City Project Coordinator. No markup shall be allowed on subcontracted Additional Services. 6.3 Reimbursable Expenses, as defined in Article 5, shall be paid up to the "Not to Exceed" amount noted in Schedule "B". Request for payment of Reimbursable Expenses shall be included with the monthly Basic Services payment request noted in Article 6. Proper backup must be submitted with all reimbursable requests. No markup or administrative charges shall be allowed on Reimbursable Expenses. 6.4 No retainage shall be made from the Consultant's compensation. 6.5 Method of Billing_and Payment. With respect to all Services, Consultant shall submit billings on a monthly basis in a timely manner. These billings shall identify the nature of the work performed. In the event sub consultant work is accomplished utilizing the lump sum method, the percentage of completion shall be identified. Billings shall also itemize and summarize Reimbursable Expenses by category. Where written approval of the City 20 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 is required for Reimbursable Expenses, a copy of said approval shall accompany the billing for such Reimbursable. When requested, Consultant shall provide backup for past and current invoices. 6.6 The City shall pay Consultant within forty-five (45) calendar days from receipt and approved by the City of Consultant's proper statement. ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS 7.1 Consultant shall keep such records and accounts and require any and all Consultant and subconsultants to keep such records and accounts as may be necessary in order to record complete and correct entries for charges to the Project, and any expenses for which Consultant expects to be reimbursed. All books and records relative to the Consultant's Services for the Project will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for City's disallowance of any fees or expenses based upon such entries. All books and records which are considered public records shall, pursuant to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes. ARTICLE 8.OWNERSHIP AND USE OF DOCUMENTS 8.1 Electronic files of all documents, including, but not limited to, tracings, drawings, specifications, investigations and studies completed or partially completed, shall become the property of the City upon completion, termination, or abandonment of the Consultant's Services for the Project. Consultant shall deliver the above documents to the City within thirty (30) days of completion of its services on the Project, or termination of this Agreement, or termination or abandonment of its services on the Project. 8.2 Any other re-use of documents by City, other than for the specific purpose intended, will require the written authorization of Consultant, and if such authorization is not obtained, shall be at the City's sole risk and without liability to Consultant. 21 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 ARTICLE 9. TERMINATION OF AGREEMENT 9.1 Termination For Lack Of Funds: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding for the construction of the Project, the Project may be abandoned or terminated, and the City may cancel this Agreement as provided for herein without further liability to the City. 9.2 Termination For Cause: The City may terminate this Agreement for cause in the event that the Consultant (1) violates any provisions of this Agreement or performs same in bad faith or (2) unreasonably delays the performance of the Services or does not perform the Services in a timely and satisfactory manner, upon written notice to the Consultant. In the case of termination by the City for cause, the Consultant shall be first granted a thirty (30) day cure period after receipt of written notice from the City. 9.2.1 In the event this Agreement is terminated by the City for cause, the City, at its sole option and discretion, may take over the Services and complete them by contracting with another consultant or otherwise. In such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete Services, and the cost of completion of such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. 9.2.2 Payment only for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination, shall be made in accordance with Article 6 herein and the City shall have no further liability for compensation, expenses or fees to the Consultant. 9.2.3 Upon receipt of a written Notice of Termination, the Consultant shall promptly assemble and submit to the City, as provided herein or as required in the written 22 R PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 notice, all documents, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by such termination. 9.2.4 In the event of a termination for cause, no payments to the Consultant shall be made (1) for Services not satisfactorily performed and (2) for assembly of submittal of documents, as provided above. 9.3 Termination For Convenience: The City, in addition to the rights and options to Terminate for Cause, as set forth herein, or any other provisions set forth in this Agreement, retains the right to terminate this Agreement, at its sole option, at any time, for convenience, without cause and without penalty, when in its sole discretion it deems such termination is in the best interest of the City, upon notice to Consultant, in writing, fourteen (14) days prior to termination. In the event City terminates Consultant's services for its convenience, as provided herein, Consultant shall be compensated for all Services rendered up to the time of receipt of said written termination notice, and for the assembly and submittal to the City of documents for the Services performed, in accordance with Article 6 herein, and the City shall have no further liability for compensation, expenses or fees to the Consultant, except as set forth in Article 6. 9.4 Termination By Consultant: The Consultant may only terminate this Agreement for cause in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment for the Services, upon written notice to the City, thirty (30) days prior to termination. In that event, payment for Services satisfactorily performed by the Consultant and accepted by the City prior to receipt of a Notice of Termination shall be made in accordance with Article 6 herein, and the City shall have no further liability for compensation, fees, or expenses to the Consultant. In the case of termination by Consultant for cause, the City shall be granted a thirty (30) day cure period after receipt of written notice from the Consultant. 9.4.1 The Consultant shall have no right to terminate this Agreement for convenience of the Consultant. 9.5 Implementation Of Termination: In the event of termination, either for cause or for 23 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 convenience, the Consultant, upon receipt of the Notice of Termination, shall (1) stop the performance of Services under this Agreement on the date and to the extent specified in the Notice of Termination; (2) place no further orders or subcontracts except for any that may be authorized, in writing, by the Project Coordinator, prior to their occurrence; (3) terminate all orders and subcontracts to the extent that they relate to the performance of the Services terminated by the Notice of Termination; (4) promptly assemble and submit, as provided herein, all documents for the Services performed, including drawings, calculations, specifications, correspondence, and all other relevant materials affected by the termination; and (5) complete performance of any Services as shall not have been terminated by the Notice of Termination, and as specifically set forth therein. 9.6 Non Solicitation: The Consultant warrants that it has not employed or retained any company or person, other than an employee working solely for the Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay any company or other person any fee, commission, gift or other consideration contingent upon the execution of this Agreement. For breach or violation of this warranty, the City has the right to terminate this Agreement without liability to the Consultant for any reason whatsoever. ARTICLE 10. INSURANCE 10.1 The Consultant shall comply throughout the term of this Agreement with the insurance requirements stipulated herein. It is agreed by the parties that the Consultant shall not commence with work on this Project until satisfactory proof of the following insurance coverage has been furnished to the City. The Consultant will maintain in effect the following insurance coverage: (a) Professional Liability Insurance in the amount of One Million ($1,000,000.00) Dollars per claim, with a maximum deductible of $150,000 per claim, $450,000 aggregate. Consultant shall notify City in writing within thirty (30) days of any claims filed or made against the Professional Liability Insurance Policy. (b) Comprehensive General Liability Insurance in the amount of $1,000,000.00 Single Limit Bodily Injury and Property Damage coverage for each occurrence, 24 k PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 which will include products, completed operations, and contractual liability coverage. The City must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's Liability coverage within the statutory limits of the State of Florida. 10.2 The Consultant must give thirty (30) days prior written notice of cancellation or of substantial modifications in the insurance coverage, to the Project Coordinator. 10.3 The insurance must be furnished by an insurance company rated B+: VI or better, or its equivalent, according to Bests' Guide Rating Book and must additionally be furnished by insurance companies duly authorized to do business in the State of Florida and countersigned by the company's Florida resident agent. 10.4 Consultant shall provide to City a Certificate of Insurance or a copy of all insurance policies required above. City reserves the right to require a certified copy of such policies upon request. All certificates and endorsements required herein shall state that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. 10.5. Consultant shall also acknowledge compliance with the insurance requirements set forth herein by execution of the Insurance Checklist, attached as Schedule "E" hereto. ARTICLE 11. INDEMNIFICATION 11.1 Consultant herein agrees to indemnify and hold harmless the City, and its officer and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of the Agreement. This Article 11, and Consultant's indemnification contained herein, shall survive the termination and expiration of the Agreement. 25 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 ARTICLE 12. VENUE This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in Federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. ARTICLE 13. LIMITATION OF LIABILITY 13.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the amount of the fees for Services agreed upon under the terms of the Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of the fee for Services agreed upon under the terms of the Agreement, less the amount of all funds actually paid by the City to the Consultant. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement in an amount in excess of the amount of fee under this Agreement, which amount shall be reduced by the amount actually paid by the City to Consultant for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes. 26 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 ARTICLE 14. MISCELLANEOUS PROVISIONS 14.1 Intentionally omitted. 14.2 Eaual Opportunit~Employment Goals: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, disability or sexual orientation and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to sexual orientation, race, color, religion, sex, age, national origin, or disability. Consultant agrees, if requested, to furnish City with a copy of its Affirmative Action Policy. 14.3 Public Entity Crimes Act: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bids or leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or sub consultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this Section by Consultant shall result in cancellation and may result in Consultant's debarment. 14.4 No Contingent Fee: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for Consultant any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, City shall have the right to terminate the Agreement without 27 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 liability at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 14.5 The Consultant represents that it has made and will make reasonable investigation of all subconsultants to be utilized in the performance of work under this Agreement to determine that they possess the skill, knowledge and experience necessary to enable them to perform the services required. Nothing in this Agreement shall relieve the Consultant of its prime and sole responsibility for the performance of the work under this Agreement. 14.6 The Consultant, its consultants, agents and employees and sub contractors, shall comply with all applicable Federal, State and County laws, the Charter, related laws and ordinances of the City of Miami Beach, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies as they relate to the Project and Consultant's performance of the Services. 14.7 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by Consultant, under any circumstances, without the prior written consent of City. 14.8 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 28 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH P~,~~,, CITY CLERK Attest Print Name MAYOR CONSULTANT EAC CONSULTING, INC. 30 ~, ~ C-,~ rV' ~J yr ~Nri g~ H-_ ~racl~Cs Print Name APPROVED AS TO FORM & LANGUAGE PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 SCHEDULE A CONSULTANT SERVICE ORDER PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EAC CONSULTING, INC. Service Order No. TO: DATE: Pursuant to the Agreement between the City of Miami Beach and the above named firm for VARIOUS PROFESSIONAL CERTIFIED ENGINEERING INSPECTION SERVICES ON AN AS-NEEDED BASIS, Dated: You are directed to provide the following: SCOPE OF SERVICES: Project Name and No.: Estimated Calendar days to complete this work: Start Date: Fee for this Service Order: The above fee is a lump sum, or Upset limit (check one) This Work is: Basic Service Additional Service Reimbursable Expense Allowance: City's Project Coordinator Print Name days Q e Consultant Print Name/Title 31 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 SCHEDULE B CONSULTANT COMPENSATION PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EAC CONSULTING, INC. Scope of Services: Project Cost: $ (This price will be negotiated and approved by the City's authorized representative) Reimbursable Expenses: $ Total Lump Sum: $ 32 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 SCHEDULE C HOURLY BILLING RATE SCHEDULE PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EAC CONSULTING, INC. Senior Project Engineer $ Project Manager $ Contract Support Specialist $ Resident Compliance Specialist $ Senior Inspector $ Inspector/Engineer Intern $ Asphalt Plant Inspector $ Inspector's Aide $ Survey Party Chief $ Environmental Specialist $ Casting Yard Engineer/Manager $ Geotechnical Engineer $ Geotechnical Technician $ Public Information Officer $ Senior ITS Inspector $ ITS Inspector $ ATTEST (Name of Corporation) (Secretary) (Corporate Seal) (Firm/Company Name) (Signature) (Print Name and Title) 33 t ,. PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 SCHEDULE D PROJECT SCHEDULE PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN AS-NEEDED BASIS AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EAC CONSULTING, INC. Task Description: Calendar Days after Notice to Proceed Days Days Days Days Note: The above durations are calendar days which are include the response time by the City, including Program Manager's response time (it required for the project). 34 PROFESSIONAL CERTIFIED ENGINEERING AND INSPECTION (CEI) SERVICES ON AN "AS NEEDED" BASIS June 2008 SCHEDULE E INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ . 00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ . 00 _ Liquor Liability $ . 00 _ Fire Legal Liability $ . 00 _ Protection and Indemnity $ . 00 Employee Dishonesty Bond $ . 00 XXX Professional Liability $1,000,000.00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+: VI or better, latest edition. XXX 9. The certificate must state the Quote number and title We understand the Insurance Requirements under this contract, and that evidence of this insurance is required before any work is performed for the City of Miami Beach. Consultant (Print Name of Firm) Consultant's Signature Print Name/Title (Please attach Insurance Certificate following this page) 35 OP ID YB - .~~ORD CERTIFICATE OF LIABILITY INSURANCE EACCO-1 DATE (MM/DDlYYYY) 07 16 08 PRODUCER Kahn-Carlin & Company, Inc . 3350 S . Dixie Highway THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami FL 33133-9984 Phone: 305-446-2271 Fax:305-448-3127 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: aCCi Con~ercial Insurance Co 33472 INSURER e: Fireman's Fund Ins Co 21873 EAC Consulting Inc. INSURER C: FOCI Insurance Com an 10178 815 NW 57th Avenue #402 INSURER D: Houston Casualt Company Miami FL 33126 INSURER E: f:AVFR~PFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W HICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEYMMlDD/YY DATE MNUDD~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, O O O, O O O A X X COMMERCIAL GENERAL LIABILITY CPP00061792 05/01/08 05/01/09 PREMISES (EaoCCUrence) $30U,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 10 , 0 0 0 PERSONALBADVINJURY $ 1, OOO, OOO GENERAL AGGREGATE $ 2, OOO, OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ INCLUDED POLICY X JECT LOC AUT OMOBILE LU\BILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS ~%~(~/y/f~ / V ' - BODILY INJURY $ SCHEDULED AUTOS // ~/ J /J (Per person) HIRED AUTOS NON-OWNED AUTOS G~/ / ~ / (j D BODILY INJURY (Peracadent) $ PROPERTY DAMAGE $ (Per accident) GARAGE LU1811JTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ AUTO ONLY: AGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ 5, 0 0 0, O O O B X OCCUR ~ CLAIMSMADE XAE00078189404 05/01/08 05/01/09 AGGREGATE $ S, OOO, OOO E DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER C EMPLOYERS'LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OO1WC08A59714 04/22/08 04/22/09 E.L. EACH ACCIDENT $ 1, OOO, OOO OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1, O O O , ~ O O If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1, 0 0 0 , 0 0 ~ OTHER D Profesional Liab H70811584 03/17/08 03/17/09 Ea. Claim 2,000,000 CLAIMS MADE BASIS RETRO DATE 9/6/1994 A re ate 2,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECU\L PROVISIONS RE: (RFQ) No. 01-07/08 Certificate holder is named as Additional Insured as respects to General Liability. CERTIFICATE HOLDER CANCELLATION MIAMI - 9 SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City O f Mi aml Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1700 Convention Center Drive Mlam1 Beach FL 33140 REPRESENTATIVES. AU ED REP ESEN TIVE ACORD 25 (2001!08) ~ VYW ~ ~ ~~ ~ -- - ®ACORD CORPORATION 1958 ," _ JUN.25.200B 10~13AM NICK WADDELL N0.429 P.2 . CERTIFICATE OF 11VSURANCE sUCH INSURANCE AS R69PECT3 THE tNrRREST CF tlit: cERTIFICATE.~HOLp~R WILL NoT .6E cAt~IcELEQ OR oTHERW(SE • TERMINATED WITF{OUT GIVING '10 DAYS PRIOR WRITTEN NOTICE TO .THE CER7IFI~ATE HOLDER NAMEp BELCW~ t3UT •IN N0 EVLNT SHALL THIS CERTIFICATE 13E VAL1p MORE THAN 30 DAYS FROM THE DATE WRITTEN. Tests CERTIFICATE OP INSURANCE OOF~-4 NOT CHANGI= THR COVERAGE P'RQVIpGD BY ANY POt,IGY dEBCRIBEb 81:LOW. This cerUQes that: ®STATE FARM MUTUALAUTOMOBII.@ INSURANCE COMPANY of Dlcomidgtan, Illinois, or ^ STATE FARM FIRE AND CASUALTY COMPANY of Bloomingtop,.Illinois •' .. has aoverape in farce forthe following Named Iheured as shown belbtik : • Nam®d Insured FAC Consuitjn Inc. " ' • • • Addteas of Named Inagred , . ~ ~ . . Q15. NW 57 Ave, Ste ao2 .. ,-J~ic • • Miami 1=L 33126-20b4 ' POLICY NUMBER ; • ' •4z9~1519-A04S98 ~f••~.519-A04~596 '• ~S1•g5e5.495~598 422~5523~Ai1~59G EFFECTIVE QATE OF OBI21{OBto'121zg108 0812110Qt012121108 08121108to 92124108 OB Z'ilOt3to 12124/08 POLICY 2007 FARD ESCAPE 2007 FORD ESCAPE .. 2007 FORD.RANGER 20D7 FORD RANGER AlOINP DESCRIPTIpN OF ~ VIN: p6ti2 VIN: 5387 ~ ~ •pICKl1P •. ' : '• ' • VIN: 7158 vEHICLE r ~ VIN:. sale LIABILITY CO ERAGE ES NO YES NO YES NO YC~S • NO LIMITS O F t,~461 a. 6oddy INury . Eec eon • ' a. o nury , ' ES h• nt . . t!. Pfope Damage . „• ' : ;~. ... rr +. a Bod y Injury & PropedyDamage - .' 51,000,0OO.OD• 51,000,000,00 :. .. S1,000,OOp.OO,• .. .,. •. .51,000,000,00 , Single Limp finch Aeefdent PHYSI6A{. DAMAGE' COVERAGES YES '• NO' 5500.00 peductible ES NO ' ,~QQ,QQ..AQd4dlksle••;•' YES No •' S50Q,OQ Deduct-bie YES • NO ;r~oo.ao neduaGble a. C m ha save .• . YES ' Nt7 .. ._ :: Yt:S NQ •'. ~ :• . • YES' ;. ' .. •:; • tV0' "' ~ .. .:.: ' ES • ' NO ' • s.•ColI1F10n : •• . . • ~ O~O,OC DBduCtibl@ •.5500,00 RedUa~t~., ~ST'.,QliduCti~le , De~yctiblel _ . NON-0WNERSHIP (]YE5 ' ®NO . jaYES ®ND •• ~~ ~ ~~ • DYES • ®NO . ~IYES ~NO . COVE GE .. HI D CAR COVERAGE .. []YE$ NO .. .. YES .. • • .~NQ '.:.: .... .. • :YES' .. NO ~ YES NO ~~,_ 1'~ fr~,~~ ~„jQ ~~!- _ Insurance Agent 2714 ~ ~ 06!24108 ~~~ . Tit a -` • • geRta Cod®- N lnbeT. .~~ ate Sigtlature of Aulhorixed Representativ® . ' Name3 and Address of C®rtiticata Holder ~ • Name and Address of Agent ' • _ _.. .Nick•Weddeli Insurance Agenoy, jnr3. • ... 6900 }!4mttrl St,. .. ~.. _.. • ....~Atal Gab•.res,•~f.~33't46. - I. . , I . . '. _-. __-_ .... ..~: ~; 3011-0f'l„Q2p2,•-:. .. , • ~ ,. .. •• J' > .. .. Check If a permar'~ent Cartiticate of Iiieuranoe for liability caverrsge f s needed; ' [] • "' ChQCk If the Certificate Holder shoyld bo added as an Addtianal Insured:, ~, •, •,_~ ~ ., .. ,.,~ : ... _..... r . . • . •. • • • ~~ - ' • •. • Remarks; This•insurence will not be canceled ortemiinat>sd without fvin 30 da • riorwritten notice to the csrtiffcate holder named above. • 1d8•M90,2 Ii~V: i~W, PAnted In. tJ.SJ1. ~ ' _.• . ' ` • .,• ~ ~ . • • •` ,•~ • . ' . • ..., • . r ' ~ i. • ~ , Condensed Title• COMMISSION ITEM SUMMARY A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager; And Authorizing The Administration To Negotiate Professional Construction Engineering And Inspection Services (CEI) Firms To Provide Various CEI Services On An "As Needed" Basis; And Further Authorizing The Mayor And City Clerk To Execute Professional Services Agreements Upon Completion Of Successful Negotiations. Key Intended Outcome Supported: Ensure well designed quality capital projects. Supporting Data (Surveys, Environmental Scan, etc.): 79% of residents rate as good or excellent and 82% of businesses rate as good or excellent. Issue• Shall the City Commission adopt the Resolution? Item Summa !Recommendation: On October 17, 2007, the Mayor and City Commission approved the issuance for a Request for Qualifications (RFQ) for the establishment of apre-approved list of Professional Construction Engineering and Inspections Services (CEI} firms to provide various CEI services on an "as needed" basis. "As needed" basis means that each firm awarded a contract will agree to be placed on a professional CEI list where the City may call upon them to provide the necessary professional services according to the negotiated scope of work and cost. CEI services can be used to support City construction projects or County and FDOT projects where the City has agreed to be the construction agent. RFQ No. 01-07/08 was issued on October 23, 2007 with an opening date of November 20, 2007. A pre-proposal meeting to provide information to prospective firms was held on November 6, 2007. Both BidNet and RFP Depot issued notices to prospective proposers which resulted in the receipt of fifteen (15) proposals. The City Manager via Letter to Commission (LTC) No. 285-2007, appointed an Evaluation Committee ("the Committee°) that convened on January 30, 2008. The Committee discussed their individual perceptions and unanimously approved the motion presented by Mr. Robert Fairless to approve recommending all 15 responsive firms who had rnet the City's requirements stipulated on the RFQ. Furthermore, the motion included that ail firms be subject to further verification by the Administration who will exercise its due diligence in the selection process for each individual project. ACCEPT THE CITY MANAGER'S RECOMMENDATION Boazd Recommendation: Financial Information: Source of Amount Account Funds: ~ 2 D OBPI TQfal. Financial Impact Summary: C' Clerk's Office L Islatlve Trackin Gus Lopez extension fi641 JMG ~~~~ BE ~~~aAO~~~~ 101 2 `~ ~ MIAMIBEACH City of Miami Bsach, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti H. Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: March 12, 2008 suBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENTS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 01-07!08, FOR THE ESTABLISHMENT OF APRE-APPROVED LIST OF PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED" BASIS, WITH THE RESPONSNE FIRMS, AS SET FORTH IN THIS RESOLUTION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS. ADMINISTRATION RECOMMENDATION Adopt the resolution. ANALYSIS On October 17, 2007, the Mayor and City Commission approved the issuance for a Request for Qualifications (RFQ) for the establishment of apre-approved list of Professional Construction Engineering and Inspections Services (CEI) firms to provide various CEI services on an "as needed" basis. "As needed" basis means that each firm awarded a contract will agree to be placed on a professional CEI list where the City may call upon them to provide the necessary professional services according to the negotiated scope of work and cost. CEI services can be used to support City construction projects or County and FDOT projects where the City has agreed to be the construction agent. The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations, which will take place after the selection of the firm deemed to be the most qualified to pertorm the required services. If the City is not able to negotiate a mutually satisfactory compensation schedule with the top-ranked firms which is determined to be fair, competitive and reasonable, additional firms in the order of their competence and qualifications may be selected, and negotiations may continue until an agreement is reached. Under these Agreements, CEI services will be quoted as a lump sum based on the estimated hours to complete the project. Detailed hourly rates will be negotiated for all personnel classifications for the firms. 102 ` Commission Memorandum -RFQ-01-07/08, March 12, 2008 Page 2 of 3 The price and terms for the contracts will be negotiated after City Commission approves authorization to negotiate. Each proposed contract shall be for a two (2) year term, with two (2) one (1) year renewal options at the City's discretion. RFQ No. 01-07/08 was issued on October 23, 2007 with an opening date of November 20, 2007. Apre-proposal meeting to provide information to prospective proposing firms was held on November 6, 2007. Both BidNet and RFP Depot issued notices to prospective bidders which resulted in the receipt of the following fifteen (15) proposals from: 1. Ambro, Inc. 2. A&P Consulting Transportation Engineers 3. Bermejo Ajamil 8~ Partners Inc. 4. Bolton Perez and Associates 5. Calvin Giordano & Associates 6. CIMA Engineering Corp. 7. Consultech Enterprises Inc. 8. C3TS (Corzo, Castella, Carballo, Thompson, Salman, P.A.) 9. EAC Consulting Ina 10. Keith 8~ Schnars, P.A. 11. MACTEC Engineering and Consuking, Inc. 12. New Millenium Engineering Inc. 13. Target Engineering Group Inc. 14. PB Americas Inc. 15. PBS&J, Inc. The City Manager, via a Letter to Commission (LTC) No. 285-2007, appointed the following individuals as committee members: • Jose Rivas City Civil Engineer II Public Works • Fabiola Dubuisson City Engineer Asst. I Public Works • Aurelio Carmenates Capital Projects Coordinator CIP • Terry Blechman Leadership Academy Graduate and Miami Beach Resident • Robert Fairless Leadership Academy Graduate and Miami Beach Resident Committee Member Fabiola Dubuisson was not able to attend and Committee Member Aurelio Carmenates recused himself (as a result of a conflict of interest); therefore, Mr. Miguel Perez was asked to participate in the Committee. On January 30, 2008, the Evaluation Committee convened and discussed the qualifications and credentials of all fifteen (15) responsive firms. In order to evaluate the firms' qualifications, the RFQ 01-07/08 outlined the minimum requirements to be met by each firm. CEI inspection firms also needed to meet State of Florida Department of Transportation standards through there cert~cations. Therefore, the test of responsiveness performed by the Procurement Department included but was not limited to: The Firms' projects undertaken in the last five years, including scope of work, responsibilities, cost and client contact name; Previous similar projects, including scope of work, responsibilities, starting and completion dates, cost and fees paid and client contact name; Qualifications of Project Team, resumes and proof of FDOT certifications; 103 Commission Memorandum - RFQ-01-07/08, March 72, 2008 Page 3 of 3 • Project Manager's experience, resume and proof of FDOT certifications; • Review of any material deviation from the RFQ. In addition, the test of responsiveness included the main factors in the evaluation criteria for the selection process which was discussed in detail with the Committee. A. The experience, qualifications and (portfolio) of the Principal Firm (10 points); B. The experience, qualifications and (portfolio) of the Project Manager (15 points); C. The experience and qualifications of the professional personnel assigned to the Project Team (10 points); D: Willingness to meet time and budget requirements as demonstrated by past performance (5 points); E. Certified disavantaged business enterprise (DBE) participation. Either the Prime Consultant or the sub-Consultant team may qualify for proof of DBE cert~cation. Accepted DBE cert~cations include the Small Business Administration (SBA), State of Florida, or Miami-Dade County (5 points); F. Location (5 points); G. Recent, current, and projected workloads of the firms (5 points); H. The volume of work previously awarded to each firm by the City (15 points); I. Demonstrated successful similar projects (15 points); J. Demonstrated success in leading active collaborative stakeholder processes to achieve consensus on program and design in similar size and scope projects based on budget and size (15 points), The Committee discussed their individual perceptions and unanimously approved the motion presented by Committee Member Bob Fairless, to approve recommending all fifteen (15) responsive firms who had met the City's requirements stipulated in the RFQ. Furthermore, the motion included that all firms be subject to further verification by the Administration who will exercise its due diligence in the selection process for each individual project. CONCLUSION The Administration recommends approval of the attached Resolution accepting the recommendation of the City Manager pursuant to the selection of Consultants pursuant to Request for Qualifications (RFQ) No. 01-07108, for the establishment of a pre- approved list of Professional Construction Engineering and Inspection Services (CEI) firms to provide various CEI services on an "as needed" basis, with the responsive firms, as set forth in this resolution; and further authorizing the Mayor and City Clerk to execute said agreements upon completion of successful negotiations. T:VIGENDA~2006WIarch 121Consent\RFQ 01-07-OB -CEI Professional Services - MEMO.doc 104 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE PROFESSIONAL SERVICES AGREEMENTS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 01-07!08, FOR THE ESTABLISHMENT OF A PRE-APPROVED LIST OF PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED" BASIS, WITH THE RESPONSIVE FIRMS, AS SET FORTH IN THIS RESOLUTION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS. WHEREAS, on October 17, 2007, the Mayor and City Commission approved the issuance for a Request for Qualifications (RFQ) for the establishment of apre-approved list of professional construction engineering and inspection services (CEI) firms to provide various CEI services on an "as needed" basis; and WHEREAS, the selected firms will provide certified engineering inspection services, on an "as neededA basis, for a two (2) year contract period with a two (2) one (1) year renewal options; and WHEREAS, RFQ No. 01-07/08 was issued on October 23, 2007, with an opening date of November 20, 2007; and WHEREAS, fifteen (15) proposals were received in response to RFQ 01-07/08 from the following firms: 1. Ambro, Inc.; 2. A&P Consulting Transportation Engineers; 3. Bermejo Ajamil 8~ Partners-Inc.; 4. Bolton Perez and Associates; 5. Calvin Giordano & Associates; 6. CIMA Engineering Corp.; 7. Consultech Enterprises Inc.; 8. C3TS (Corzo, Castella, Carballo, Thompson, Salman, P.A.); 9. EAC Consulting Inc.; 10. Keith 8 Schnars; P.A.; 11. MACTEC Engineering and Consulting, Inc.; 12. New Millenium Engineering, Inc.; 13.Target Engineering Group Inc.; 14. PB Americas Inc.; 15. PBSS<J, Inc.; and 105 WHEREAS, an Evaluation Committee was appointed by the City Manager via Letter to Commission (LTC) No. 285-2007, consisting of the following individuals: • Jose Rivas City Civil Engineer II Public Works; • Fabiola Dubuisson City Engineer Asst. I Public Works; • Aurelio Carmenates Capital Projects Coordinator CIP; • Terry Blechman Leadership Academy Graduate and Miami Beach Resident; • Robert Fairless Leadership Academy Graduate and Miami Beach Resident; and WHEREAS, Committee Member Fabiola Dubuisson was not able to attend, and Committee Member Aurelio Carmenates recused himself (as a result of a conflict of interest); therefore, Mr. Miguel Perez was asked to participate in the Committee; and WHEREAS, on January 30, 2008, the Evaluation Committee convened and discussed the qualifications and credentials of all fifteen (15) responsive firms; and WHEREAS, the Committee's overall opinion was that all fifteen (15) firms who provided proposals were qualified to provide services to the City; a motion was made to approve recommending all fifteen (15) responsive firms; and WHEREAS, the City Manager has reviewed and concurs with the Evaluation Committee's recommendation, and further recommends that the Mayor and City Commission accept the Committee's recommendation, relative to the ranking of firms pursuant to RFQ No. 01-07/08. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City hereby accept the recommendation of the City Manager and authorize the Administration to negotiate Professional Services Agreements, pursuant to Request for Qualifications (RFQ) No. 01-07/08, for the establishment of apre-approved list of professional construction engineering and inspection services (CEI) firms, to provide various CEI services on an °as needed° basis, and authorize the Mayor and City Clerk to execute said Professional Services Agreements upon completion of successful negotiations. PASSED and ADOPTED this day of , 2008. ATTEST: MAYOR CITY CLERK APPROVED A31'O T:IAGENDA120081March 12~ConsentlRFQ 01-07-08 -CEI Prafiessional Services - RESOLUTION.doc FORM & LANGUAC3E 106 m MIAMIBEACN City of 1Vliami Beach, 1700 Convention Center Drive, tJiiami Beach, Florida 33 i 39, /r~N.miamibeachfl.gov °f~QCI:R~Pr4ENT Division Tel: 305-b73-7180, Fax: 78fi-344.42;15 RFP No. 01-07/08 ADDENDUM No. 1 November 6, 2007 I~RE~API~RCt~EI~ LIST CF PR~FESSI~NAL CEI FIRMS IS ~SEilli~lEN13EC~ AS F€.31_Lt?S; CI"IA.N~E; SECTI(3N I~ _ E1TAl_UATII;7P+1 SELECTION PRC3CES~S p.13 I-las bean amended to read as follows; E. Certified Minority Business Enterprise. Either the Prime Consultant or the sub- Consultant team may qualify if any of the following is submitted: Certification by the Small Business Administration (SBA) as 8(a) firm; State of Florida, or Miami- Dade County (5 points); I. Demonstrated successful similar projects. On Page 9 of the RI=O package, it r~afers to Client I~erformance Evaluation Surveys. loo we need to saabmit this prior to the November 20~a' deadline, or is this only for the consultant who receives the final award? Yes, the Performance Evaluation Surveys need to be submitted prior to the November 20th deadline. On page 9 of RFf,~, 'I. Table of Cont~ants _ `dell pages must be consecutively nurrabared". Qoes that mean all resumes, licenses, certificates, etc, that we are including need a page number on lt? or only the proposal section? The resumes, licenses and certificates do not need to be numbered. page ~, under the title Vl. qualification Docaaments to be c~smpleted and returned to City. It said to return pages 22 thra.r 30, but how about page 2'I ddinsurance check last form"? Should that form be submitted to the city as well? Page 21 Insurance Check List as a proposer or "vendor° (term used interchangeably) you are supposed to sign it acknowledging the Insurance requirements we note in detail under Section 5 Legal Terms and Conditions. Please read pp. 18-19 under Insurance -Failure to Procure Insurance. Cats a firm submit a proposal as prune consultant and also team up with another firm as their subconsu€tants'~ Is this al€owed on this INFO? Yes, it is allowed. Section i, paragraph I", emit€ed "Contact Person" Copy Bob Percher, City Clsrk on A€I email. i~lr. Parc€~er's email address is I~obertParcherCr~)rniangibeachfl,rao~r AI€ int$rested parties may ccsntact C31ga Serrano at 3fi~-673-74Stt or email ~I~aSerrar~o~nlar3~ib__eactvfii.aoes froth Nov. 13-20 to inquire as to the number of surveys received by this office for your cotvtpany. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director os REQUEST FOR QUALIFICATIONS FOR THE ESTABLISHMENT OF A PRE-APPROVED LIST OF PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI~ FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "ASi NEEDED" BASIS RFQ # 0 i-07f08 RFQ OPENING; Navetnber 20, 2007 AT 3;00 P.M. fins Lopez, C:PPG, Nrocuremenr Uirectcr FRGCJRE~MEIVT ©IVISIGN 1700 Convention Center Drive; iY'liami Beach, FL 33139 www. m iam i beochfl. gov F\t'URi~'\$AL:\CLGA\kE y ~ 1-:~~ 08\Rf::-01 'J7aJ8.acc ~ MIAMIBEACH RFQ No: 01.07/08 1 of 39 ~ MIAMIBEACN City of Mistral Ba:seh, 1700 Convention Center Drive, AJ~iami Beach, Florida 33':34, ~vvaw.r,siamibeachfl.~7ov !'ROCUREMEN i aEVisic~fv PUB~.IC ~1C)TICE TeE: 305-573-7490, Fax: 78G-39d-4235 Request for Qualifications (RFQ) No. 01-07/08 FOR THE ESTABLISHMENT OF APRE-APPROVED LIST OF PROFESSIONAL CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) FIRMS TO PROVIDE VARIOUS CEI SERVICES ON AN "AS NEEDED" BASIS The City of Miami Beach seeks qualifications from certified Professional Construction Engineering and Inspection (CEI) Firms for the establishment of apre-approved list, to provide various CEI services on an "as needed basis." "As needed basis" means that each firm awarded a contract will agree to be placed on a professional CEI list where the City may call upon them to perform professional projects as assigned by the Administration. As the need for service arises, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. It is the intent of the City of Miami Beach to select several firms under this RFQ, which will be contacted on a rotational basis. The awarded contracts shall be for a term of two (2) years, with two (2) optional renewal years at the City's discretion. Sealed qualifications will be received until 3:00 PM on November 20, 2007, at the following address: City of Miami Beach City Hall Procurement Division -Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any response received after 3:00 PM on November 20, 2007 will be returned to the consultant unopened. The responsibility for submitting qualifications before the stated time and date is solely the responsibility of the consultant. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. October 23, 2007 City of Miami Beach RFQ No: 01-07/08 2of39 Anon-mandatory Pre-RFQ Qualifications Meeting is scheduled for November 6, 2007 at 10:30 a.m. at the following address: City of Miami Beach City Hall -Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, FL 33139 Attendance (in person or via telephone) to this Pre-Qualifications submission meeting is encouraged and recommended as a source of information but is not mandatory. Proposers who are interested in participating via telephone please send an a-mail to ol~aserranoc~r:~iamibeach". ov expressing your intent to participate via telephone at least one business day in advance of the meeting and must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). The City of Miami Beach has contracted with BidNet and is utilizing a central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(s), this South Florida Purchasing system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/home1.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. The City of Miami Beach is also using RFP Depot, a central notification system which provides bid notification services to interested vendors. RFP Depot allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: If you do not have Internet access, please call the RFP Depot's vendor support group at 801-765-9245. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 3 of 39 YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: httr~:l/rv~+. rniet~ i~e~chfl.co ~~/nevrcity/sects/ourch ase/~icli ^tro.aso • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE N0.2000-3234. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363. • VENDORS ORDINANCE NO. 2003-3389. Sincerely, Gus Lopez, CPPO Procurement Director October 23, 2007 RFO No: 01-07/08 City of Miami Beach 4 of 39 City of Miami Seaeh, 1700 Convention Csnter G`rive, tv!iomi Beach, Florida 33 i 34, vrvrvr.miamibeachfl.gov PROCUREh~IEN ~ C31~~ISIO~J TeE: 305-673-?440, Fax: 7A6-344-4235 TABLE OF CONTENTS Page I. REQUEST FOR QUALIFICATIONS OVERVIEW AND REPONSE PROCEDURES A. Introduction/Analysis g B. Purpose g C. RFQ Time Table g D. Qualification Submission g E. Pre-RFQ Submission Conference 7 F. Contact Person 7_g QUALIFICATION STATEMENT FORMAT s-1o III MINIMUM REQUIREMENTS /QUALIFICATIONS 11-12 IV. EVALUATION SELECTION PROCESS 13-14 V. LEGAL TERMS AND CONDITIONS /INSURANCE 15-21 VI. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY -Acknowledgment of Addenda 22 -Declaration 2S -Sworn Statement/Section 287.133(3)(a), Florida Statutes -Public Entity Crimes 2425 -Questionnaire 26-30 VII. "BEST VALUE" PROCUREMENT DOCUMENTS TO BE COMPLETED BY RESPONDENTS AND PREVIOUS CLIENTS -Request for Past Performance Surveys from clients 31-32 VIII. EXHIBIT A 33-39 October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 5 of 39 SECTION I -OVERVIEW A. INTRODUCTION /ANALYSIS Request for Qualifications RFQ No. 01-07/08 is for the establishment of apre-approved list of Professional Construction Engineering and Inspection (CEI) Firms to provide various CEI services on an "as needed basis." "As needed basis" means that each firm awarded a contract will agree to be placed on a professional CEI list where the City may call upon them to perform professional projects as assigned by the Administration. As the need for service arises, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost. The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations, which will take place after the selection of the firm deemed to be the most qualified to perform the required services. If the City is not able to negotiate a mutually satisfactory compensation schedule with the top- rankedfirms which is determined to be fair, competitive and reasonable, additional firms in the order of their competence and qualifications may be selected, and negotiations may continue until an agreement is reached. Under these Agreements, CEI services will be quoted as a lump sum based on the estimated hours to complete the project. Detailed hourly rates will be negotiated for all personnel classifications for the firms. The price and terms for the contracts will be negotiated after City Commission approves authorization to negotiate. Each proposed contract shall be for a two (2) year term, with two (2) one-year renewal options at the City's option. B. PURPOSE The purpose of this Request for Qualifications RFQ No. 01-07/08 is for the establishment of a pre-approved list of Professional Construction Engineering and Inspection (CEI) Firms to provide various- CEI services on an "as needed basis." C. RFQ TIMETABLE The anticipated schedule for this RFQ and contract approval is as follows: RFP Issued Pre-proposal submission meeting Deadline for receipt of questions Deadline for receipt of Proposals Evaluation Committee meeting Commission approval authorizing negotiations Contract negotiations Projected contract start date D. QUALIFICATIONS SUBMISSION October 23, 2007 City of Miami Beach October 23, 2007 November 6, 2007 November 13, 2007 November 20~'~ 2007, at 3:00 p.m. December, 2007 January, 2008 February, 2008 February, 2008 RFQ No: 01-07/08 6 of 39 ~` An original and ten (10) copies of Consultants' qualifications will be received until 3:00 p.m. on November 20, 2007, at the following address: City of Miami Beach City Hall Procurement Division -Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Consultant's name, address, telephone number, RFQ number and title, and due date. No facsimile or a-mail responses will be considered. The responsibility for submitting a response to this RFQ to the Procurement Division on or before the stated time and date will be solely and strictly that of the consultant. The City will in noway be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the RFQ due date and time will not be accepted and will not be considered. E. PRE-RFQ SUBMISSION CONFERENCE A Pre-RFQ submission meeting is scheduled for November 6, 2007 at 10:30 a.m. at the following address: City of Miami Beach City Hall -Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, FL 33139 Attendance (in person) is encouraged and recommended as a source of information but is not mandatory. F. CONTACT PERSON The contact person for this RFQ is Olga Serrano, Procurement Coordinator. Olga Serrano may be reached by phone: 305.673.7490; fax: ~ 786-394-4235; or a-Mail: CSioaserrYno~miwmibeach~.oo~J. The City's Procurement Director is authorized by the City's Cone of Silence Ordinance to have oral communications with prospective Consultants relative to matters of process or procedures only. Requests for additional information or clarifications must be made in writing to the Procurement Director. Facsimile or a-mail requests are acceptable. The Procurement Director will issue replies to inquiries and additional information or amendments deemed necessary in written addenda, which will be issued prior to the deadline for responding to this RFQ. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 7 of 39 Consultants should not rely on representations, statements, or explanations other than those made in this RFQ or in any addendum to this RFQ. Consultants are advised that oral communications between the Consultants or their representatives and the Mayor or City Commissioners and their respective staff, or members of the City's administrative staff to include the City Manager and his staff, or evaluation committee members is prohibited. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 8 of 39 - SECTION II -QUALIFICATION STATEMENT FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Consultants must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non- responsive. The City will not accept cost information after deadline for receipt of proposal. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter: Outlining the Consultants professional specialization, provide past experience to support the qualifications of the submitter. b) Cost Information: Price is not required at this time, but will be part of the negotiation process with those firms that are selected. c) Client Performance Evaluation Surveys: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 31 and 32, and request that your client submit the completed survey to Olga Serrano, Procurement Coordinator at (Fax) 786- 394-4235; or a-mail of aserrrarlo~~rniamibeachfl, ov. Please understand that we will not accept Client Surveys being sent to our office from the office of the proposer. Surveys must be sent to Procurement from your client's office(s). Consultants are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data d) Qualifications of Consultant Team: 1) Provide an organizational chart of all personnel and consultants to be used on this project and their qualifications. Aresume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project. October 23, 2007 RFO No: 01-07/08 City of Miami Beach 9 of 39 2) The Consultant's proposed team must meet the experience and qualifications as outlined in the attached Exhibit A, entitled, "Construction Engineering and Inspection Positions",for any position that is being proposed: Consultant and their team shall include a copy of their certification in the proposal response. If your firm is not certified at the time of proposal submittal, your firm must submit documentation that reflects your firm's attempt in applying for such certifications. If your firm is selected, then as a condition of contract execution, your firm must possess the required certifications. Additionally, the Consultant shall provide proof, in the form of licenses and certificates in their proposal. The Consultant shall be licensed by the State of Florida Department of Professional Regulation to provide the services required under this RFQ. The Consultant shall provide proof, in the form of licenses and certificates in their proposal. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 10 of 39 SECTION III -MINIMUM REQUIREMENTS /QUALIFICATIONS: ALL FIRMS THAT SUBMIT A PROPOSAL FOR CONSIDERATION MUST MEET THE MINIMUM QUALIFICATIONS AS PROVIDED BELOW. IF THE MINIMUM QUALIFICATIONS ARE NOT MET, THE CONSULTANT'S SUBMITTAL WILL BE DEEMED NON-RESPONSIVE. QUALIFICATIONS WILL BE CONSIDERED ONLY FROM CONSULTANTS THAT ARE REGULARLY ENGAGED IN THE BUSINESS OF PROVIDING THE PROFESSIONAL SPECIALIZATION SERVICES AS DESCRIBED IN THIS PROPOSAL. 1. Team's Experience: List all projects undertaken in the past five (5) years, describe the scope of each project in physical terms and by cost, describe the respondent's responsibilities, and provide the name and contact telephone number of an individual in a position of responsibility who can attest to respondent's activities in relation to the project. An SF254 can suffice this request. Provide the name(s) of the person, within your organization who was most actively concerned with managing each project; List and describe all legal claims against any member of the team alleging errors and/or omissions, or any breach of professional ethics, including those settled out of court, during in the past five (5) years. 2. Project Manager's Experience: Provide a comprehensive summary of the experience and qualifications of the individual who will be selected to serve as the Project Manager. 3. Previous Similar Projects: Please provide a list of a minimum of five projects which demonstrates the Team's experience in providing the services as required under this RFQ. • Client name, address, phone number, email. • Consultant/Client (Architect, Engineer, Other) name, address, phone number, fax and/or a-Mail address. • Description of the scope of the work. • Month and Year the project was started and completed. • Total cost and/or fees paid to your firm. • Role of the firm and the responsibilities. October 23, 2007 RFO No: 01-07/08 City of Miami Beach 11 of 39 4. Qualifications of Project Team: Provide a list of the personnel to be used on this project and their qualifications. Aresume of each individual, including education, experience, and any other pertinent information shall be included for each team member to be assigned to this project. 5. All individual proposed as part of the Project Team, must meet the experience and qualification requirements as set forth in Exhibit A. October 23, 2007 RFO No: 01-07/08 City of Miami Beach 12 of 39 SECTION IV -EVALUATION SELECTION PROCESS The procedure for response evaluation and selection is as follows: 1. Request for Qualifications issued. 2. Receipt of responses. 3. Opening of responses and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, consultants may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the response or responses acceptance of which the Evaluation Committee deems to be in the best interest of the City. A. The experience, qualifications and (portfolio} of the Principal Firm (10 points); B. The experience, qualifications and (portfolio) of the Project Manager (15 points); C. The experience and qualifications of the professional personnel assigned to the Project Team (10 points); D. Willingness to meet time and budget requirements as demonstrated by past performance (5 points); E. Certified disavantaged business enterprise (DBE) participation. Either the Prime Consultant or the sub-Consultant team may qualify for proof of DBE certification. Accepted DBE certifications include the Small Business Administration (SBA), State Florida, or Miami-Dade County (5 points); F. Location (5 points); G. Recent, current, and projected workloads of the firms (5 points); H. The volume of work previously awarded to each firm by the City (15 points); I. Demonstrated successful similar projects (15 points); J. Demonstrated success in leading active collaborative stakeholder processes to achieve consensus on program and design in similar size and scope projects based on budget and size (15 points). Important Note: By submitting a response, all consultants shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. The Evaluation Committee will rank no less than three firms as follows: a. The firm with more than 50% of the Committee Members' first-place ranking will be deemed the top-ranked firm. The second and third rank firms will be ranked based on the total low aggregate score. For example, a Committee of seven (7) members ranks the firms as follows: October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 13 of 39 A. 4 - 1ST place votes (4x1=4) 1 -2"d place vote (1x2=2) 2 -3rd place votes (2x3=6) 12 B. 2 - 1St place votes (2x1=2) 4 - 2"d place votes (4x2=8) 1 - 3rd place votes (1x3=3) 13 C. 1 - 1St place votes (1x1=1) 2 - 2"d place vote (2x2=4) 4 - 3rd place votes (4x3=12) 17 Firm A received more than 50% (4 out of 7) first place votes, and is therefore the top ranked firm. Firm B received a score of 13, and is therefore, the second-ranked firm, and so forth. If no firm receives more than 50% of the first-place votes, then the top-ranked and subsequent ranked firms will be determined on the total low aggregate score as shown on the above example. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 14 of 39 SECTION V -LEGAL TERMS AND CONDITIONS /INSURANCE A. MODIFICATION/WITHDRAWALS OF SUBMITTALS A consultant may submit a modified response to replace all or any portion of a previously submitted response up until the RFQ due date and time. Modifications received after the RFQ due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFQ due date or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFQ due date and before said expiration date and letters of withdrawal received after contract award will not be considered. B. RFQ POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ or in any responses received as a result of this RFQ. C. COST INCURRED BY CONSULTANTS All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the consultant(s) and not be reimbursed by the City. D. EXCEPTIONS TO RFQ Consultants must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the consultant to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. E. SUNSHINE LAW Consultants are hereby notified that all information submitted as part of a response to this RFQ will be available for public inspection after opening of responses, in compliance with Chapter 286, Florida Statutes, known as the Florida Government in the Sunshine Law. F. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require consultants to give oral presentations based on their responses. The City reserves the right to enter into negotiations with the selected consultant, and if the City and the selected consultant cannot negotiate a mutually October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 15 of 39 acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected consultant. This process may continue until a contract has been executed or all responses have been rejected. No consultant shall have any rights in the subject project or property or against the City arising from such negotiations. G. PROTEST PROCEDURES Consultants that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the City Manager's recommendation. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. H. RULES; REGULATIONS; LICENSING REQUIREMENTS Consultants are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the consultant will in no way relieve it from responsibility for compliance. I. DEFAULT Failure or refusal of a consultant to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the consultant from the City's vendor list. J. CONFLICT OF INTEREST All consultants must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all consultants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%} percent or more in the consultant or any of its affiliates. K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 16 of 39 L. CONSULTANT'S RESPONSIBILITY Before submitting responses, each consultant shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful consultant from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claims whatsoever for any monetary consideration on the part of the consultant. M. RELATION OF CITY It is the intent of the parties hereto that the successful consultant be legally considered to bean independent consultant and that neither the consultant nor the consultant's employees and agents shall, under any circumstances, be considered employees or agents of the City. N. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity ,and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. O. ASSIGNMENT The successful consultant shall not enter into any sub contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful consultant. P. INDEMNIFICATION The successful consultant shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful consultant, its employees, or agents in connection with the performance October 23, 2007 RFO No: 01-07108 City of Miami Beach 17 of 39 of service pursuant to the resultant Contract; the successful consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. R. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful consultant, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful consultant of such termination which shall become effective upon receipt by the successful consultant of the written termination notice. In that event, the City shall compensate the successful consultant in accordance with the Agreement for all services performed by the consultant prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the consultant, and the City may reasonably withhold payments to the successful consultant for the purposes of set off until such time, as the exact amount of damages due the City from the successful consultant is determined. S. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful consultant of such termination, which shall become effective thirty {30) days following receipt by consultant of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful consultant in accordance with the Agreement for all services actually performed by the successful consultant and reasonable direct costs of successful consultant for assembling and delivering to City all documents. No compensation shall be due to the successful consultant for any profits that the successful consultant expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful consultant upon a termination as provided for in this section. T. INSURANCE Successful Consultant shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance as indicated on the Insurance Checklist which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the October 23, 2007 RFO No: 01-07/08 City of Miami Beach 18 of 39 City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Any exceptions to these requirements must be approved by the City's Risk Management Department. FAILURE TO PROCURE INSURANCE: Successful consultant's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFQ is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid. W. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS The General Municipal Election for 2007 is under way and some candidates have already filed their intent to run for the office of Mayor or Commissioner for the City of Miami Beach. It is of utmost importance that you familiarize yourself and adhere to the requirements set forth in the City's Vendor Prohibited Campaign Contributions Ordinance No. 2003-3389 (the "Ordinance"). FAILURE TO ADHERE COULD RESULT IN YOUR DISQUALIFICATION FROM TRANSACTING BUSINESS WITH THE CITY FOR A PERIOD OF TIME. The Ordinance was adopted to ensure that no person who is a vendor of the City of Miami Beach, gives a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of Mayor or Commissioner. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. The definitions of "vendor" and "controlling financial interest" are as follows: October 23, 2007 RFQ No: 01.07/08 City of Miami Beach 19 of 39 "Vendor" means a person and/or entity who has been selected by the City as the successful bidder on a present or pending bid for goods, equipment or services, or has been approved by the City on a present or pending award for goods, equipment or services, prior to or upon execution of a contract, purchase order or standing order. "Controlling Financial Interest" means the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. "Firm" means a corporation, partnership, business trust or any legal entity other than a natural person. X. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000 23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT Call 305-673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Robert Halfhill, Public Works Department, at 305-673-7631. Z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him/her in the discharge of his/her ofFcial duties. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 20 of 39 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability ~ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3 4. XXX 5 6. Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included. Excess Liability - $ 00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: Builders Risk completed value $ . 00 Liquor Liability $ . 00 Fire Legal Liability $ . 00 Protection and Indemnity $ . 00 Employee Dishonesty Bond $ . 00 XXX 7 XXX Professional Liability $1,000.000 .00 XXX 8 XXX 9 Thirty (30) days written cancellation notice required. Best's guide rating B+:VI or better, latest edition. The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Vendor Signature of Vendor October 23, 2007 RFO No: 01-07/08 City of Miami Beach 21 of 39 SECTION VI -REQUEST FOR QUALIFICATIONS N0.01-07/08 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFQ: 01-07/08. Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part It: No addendum was received in connection with this RFQ. Verified with Procurement staff Name of staff (Consultant -Name) (Signature) Date Date October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 22 of 39 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of , 2007. The undersigned, as consultant, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The consultant agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The consultant states that the response is based upon the documents identified by the following number: RFQ No.01-07/08. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 23 of 39 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to [Print name of public entity] By [Print individual's name and title] For [Print name of entity submitting sworn statement] Whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: (If the I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 {1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 24 of 39 I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statementwhich I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public~interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day of , 2006 Personally known OR Produced identification Notary Public -State of (Type of Identification) _ My commission expires (Printed typed or stamped Commissioned name of Notary Public) October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 25 of 39 QUESTIONNAIRE Consultant's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If a Foreis~n Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 26 of 39 Questionnaire (continued) If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership i I. Number of years of relevant experience in operating A/E business: 2. Have any agreements held by Consultant for a project ever been canceled? Yes(). No() If yes, give details on a separate sheet. 3. Has the Consultant or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 27 of 39 Questionnaire (continued) 4. Has the Consultant or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes () No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( )have not ( )been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Consultant and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 28 of 39 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Consultant and/or individuals and entities comprising or representing such Consultant, and in an attempt to ensure full and complete disclosure regarding this contract, all Consultants are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 29 of 39 Questionnaire (continued) The Consultant understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Consultant to be true. The undersigned Consultant agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Consultant, as may be required by the City Manager. The Consultant further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Consultant agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name WITNESS: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Attest: October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 30 of 39 m MIAMIBEACH City of Miami Beach, 1700 Cenvertion Center Grive, Miami Beach, Florida 33139, ww~a.miamibeachfl.gov PROC€Ji~Eiv1E~*:T DIVE~ION Tel: 305-b73 7490, Fax: 786394-4235 January 18, 2008 To: Phone: Fax: E-mail: Subject: Performance Evaluation of 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 Firms and Consultants that provide professional CEI services that compete for City contracts. The information will be used to assist City of Miami Beach in the selection of pre-approved qualified firms that can provide professional CEI services on an as-needed basis. 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 cannot answer a particular question, please leave it blank. Please return this questionnaire to Olga Serrano by November 20th, 2007 by fax: 786-394-4235; ore-mail oluaserrano(u~rniamibeachf•..orov. Thank you for your time and- effort. /~.~ t Gus Lopez, CPPO Procurement Director October 23, 2007 RFO No: 01-07/08 City of Miami Beach 31 of 39 m MIAMIBEACH City of fVi'same Beach, 1700 Convention Center Crive, Miami Beach, Florida 33139, www.miamibaachfl.gov PRC~: E12EP~16N-f DiVISIC~FJ Tai: 305.673.7490 Fax: 786.394.4235 Company Name: Point of Contact: Phone and email: PERFORMANCE EVALUATION SURVEY RFQ 01-07/08 Please evaluate the performance of the Consultant Firm and/or Project manager ('! 0 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 indicate by N/A if you don't know. NO CRITERIA UNIT 1 Abili to erform CEI services (1-IO) 2 Abili to communicate effective/ and efficient/ (1- I O) 3 Ability to ensure the project is completed on-time and within bud et (1-10) 4 uali and accura of on-site ins ection (I -10} 5 Abili to ovide the surve control baselines I-10 6 Professionalism 1-10 ~ Overall customer sarisfacrion (comfort level in hiring a ain (1-10) Overall Comments: Company providing Referral: Contact Name: Contact Phone and a-mail: _ Date of Services: Dollar Amount for Services: Thank you for your time and effort. Please return this form to 786-394-4235 Attn. Olga Serrano at: ol~aserrano tx.miamibeachfl.~tow , with a copy to ste~haniscan~~~f ~sr~~t~r~i~mib$~cht`€.c~ October 23, 2007 RFQ No: 01-07!08 City of Miami Beach 32 of 39 SECTION VIII EXHIBIT "A" CONSTRUCTION ENGINEERING AND INSPECTION SERVICES October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 33 of 39 SENIOR PROJECT ENGINEER - A Civil Engineer degree and be registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six (6) years of engineering experience [(two (2) years of which are in major road or bridge construction)] or [(five (5) of which are in major bridge construction) -for Complex Bridge Projects], or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major mad or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; developsand/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with Department standards. Also must have the following: Qualification: FDOT Advanced MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post-tensioning Tendons" (If applicable) Attend the CTQP Quality Control Manager course and pass the examination. Certif-ications: None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. PROJECT ADNIINISTRATOR - A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or for non-degreed personnel eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures. For CC2 bridge structures, be a registered professional engineer in the State of Florida (or if registered in another state, have the ability to obtain registration in Florida within six (6) months) and have a Civil Engineering degree plus five (5) years, or be non-registered with eight (8) years, of general bridge construction experience of which two (2) years for registered project administrators, orfour (4) years for non-registered project administrators, must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope. Additionally, a minimum oftwelve (12) months of experience as the Project Administrator in primary control of the type of CC2 construction project for which CEI services are being provided by this scope. To be in primary control, a Project Administrator must have supervised two or more inspectors as well as two or more support staff (Office Manager, Compliance Officer, and Secretary) and must have been directly responsible for all CEI services assigned. CPTS years of experience must have included a minimum of twelve (12) months experience in each of the following areas: (1) casting yard operations and related surveying; (2) segment erection and related surveying, post-tensioning (PT) oftendons and grouting ofprestressing steel. CPTCB years of experience must include monitoring of the following: girder erection, safe use of girder erection cranes, stabilization of girders after erection, false work for temporary girder support, and PT and grouting operations. MB years of experience must have been in MB mechanical and/or electrical construction. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 34 of 39 and fmal estimates throughout the construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the training video "Grouting of Bridge Post-tensioning Tendons" (If applicable) CTQP Final Estimates Level II Cert~cations: SSPC course: C-3 Supervisor/Competent Person Training for Deleading of Industrial Structures (If applicable) Other: Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering maybe substituted for one (1) year of engineering experience CONTRACT SUPPORT SPECIALIST - A High School diploma or equivalent and four (4) years of road & bridge constnuction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., CQR/LIMS, progress and fmal estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the Department's Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become proficient in Multi-Line and Engineering Menu. Qualifications: CTQP Final Estimates Level II ASSOCIATE CONTRACT SUPPORT SPECIALIST -High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed project related duties (i.e., CQR, progress and fmal estimates, EEO compliance, processing Construction Contract changes, etc.). Ability to type at a rate of 35 correct, words per minute. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Administrator in office related duties (i.e., CQR, progress, and fmal estimates, EEO compliance, Processing Construction Contract changes, etc.) Project specific. Workunder the general supervision of the Senior Project Engineer and staff. Note: This position will not be used if a Contract Support Specialist is utilized. RESIDENT COMPLIANCE SPECIALIST -Graduation from an accredited high school or equivalent with one (1) year of experience as a resident compliance officer on a construction projector two (2) years of assisting the compliance officer in monitoring the project. Should have prior experience in both State funded and Federal Aid funded construction projects with FDOT and knowledge of EEO/AA laws and FDOT's DBE and OJT programs. Ability to analyze, collect, evaluates data, and take appropriate action when necessary. Must attend all training workshops or meetings for Resident Compliance Specialists as determined necessary. SENIOR INSPECTOR/SENIOR ENGINEER INTERN -High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection with the exception of Complex Category 2 (CCZ) bridge structures. For CC2 bridge structures, be a high school graduate or equivalent and have five (5) years of general October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 35 of 39 bridge constnuction experience of which two (2) years must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope. Additionally, a minimum of twelve (12) months of experience as the Senior Inspector in primary control of the type CC2 construction project for which CEI services are being provided by this scope. To be in primary control, a Senior Inspector must have supervised two or more inspectors and must have been directly responsible for all inspection requirements related to the construction operations assigned. CPTS years of experience must have included a minimum of twelve (12) months of inspection experience in one or both of the following depending on which area the inspector is being approved for: (1) casting yard inspection; (2) erection inspection. In additioq two (2) years of geometry-control surveying experience is required for inspectors that perform or monitor geometry control surveying in a casting yard. CPTCB years of experience must include monitoring and inspection of the following: girder erection, safe use of girder erection cranes, girder stabilization after erection, false work for temporary girder support, and PT and grouting operations. MB years of experience must have included the inspection of MB mechanical components for machinery inspectors and MB electrical components/systems for electrical inspectors. Must have the following: Shralifications: CTQP Concrete Field Inspector Level I CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all bridges) CTQP Asphalt Roadway Level I (If applicable) CTQP Asphalt Roadway Level II (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable -required for inspection of all drilled shafts including miscellaneous structures such as Sign structures, Lighting structures, and Tri~c Signal structures) CTQP Grouting Technician Level I (If applicable) CTQP Post-Tensioning Technician Level I (If applicable) FDOT Intermediate MOT CTQP Final Estimates Level I Certifications: Nuclear Radiation Safety SSPC course: C-3 Supervisor/Compexent Person Training for Deleading of Industrial Structures (If applicable) or a Civil Engineering degree and one (1) year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one (1) year experience as an Engineer Intern.) Responsible for performing highly complex technical assignments infield surveying and construction layout, malting, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. INSPECTOR/ENGINEER INTERN -High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway construction inspection, plus the following: Oualifications: CTQP Concrete Field Inspector Level I October 23, 2007 City of Miami Beach RFO No: 01-07/08 36 of 39 CTQP Asphalt Roadway Level I (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable- required for inspection of all drilled shafts including miscellaneous structures such as Sign structures, Lighting structures, and Traffic Signal structures) CTQP Final Estimates Level I Cert~cations: Nuclear Radiation Safety Or a Civil Engineering degree with the ability to earn additional required qualifications within one year. (Note: Engineer Intern classification requires E.I.T. certificate.) Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first year of working as an inspector or Engineer Intern. Exceptions will bepermitted on acase-by-case basis so long as qualifications and certifications are appropriate for specific inspection duties. ASPHALT PLANT INSPECTOR -High School graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and the following: Qualifications: CTQP Asphalt Plant Level I CTQP Asphalt Plant Level II CTQP Final Estimates Level I Certifications: None INSPECTORS AIDE -High School graduate or equivalent and able to perform basic mathematical calculation and follow simple technical instructions. Duties are to assist higher-level inspectors. SURVEY PARTY CHIEF -High School graduate plus four years of experience in construction surveying (including two (2) years as Party Chief). Experienced infield engineering and construction layout, making and checking survey computations and supervising a survey party. Work is performed under general supervision of Project Administrator. INSTRUMENT-MAN -High school graduate plus three (3) years of experience in construction surveying one (1) yeaz of which shall have been asinstrument-man. Responsible for performing assignments in assisting Party Chief in the performance of their duties. Receives general supervision from Party Chief who reviews work while in progress. ROD-MAN/CHAIN-MAN -High school graduate with some survey experience or training preferred. Receives supervision from and assists Party Chief who reviews work while in progress. SECRETARY/CLERK TYPIST -High school graduate or equivalent plus two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Work under general supervision of the Senior Project Engineer and their staff. ENVIRONMENTAL SPECIALIST - A bachelors degree with a major in one of the physical or natural sciences or engineering and two (2) years of professional experience in environmental October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 37 of 39 protection, regulation or health; one of the physical or natural sciences; or engineering; or a Masters degree in one of the physical or natural sciences or engineering and one (1) yeaz of professional experience described above; or a Doctorate degree in one of the physical of natural sciences or engineering or one (1) yeaz of experience as an Environmental Specialist I with the State Of Florida. Receives general instruction regarding assignments and is expected to exercise initiative, and independent judgment in the solution of work problems. Must have knowledge of the terminology, principles, data collection, and analytical techniques and procedures of the physical or natural sciences. Also must have ability to collect, evaluate, analyze, and interpret scientific or technical data. CASTING YARD ENGINEER/MANAGER -CONCRETE POST-TENSIONED SEGMENTAL BOX GIRDER BRIDGES (CPTS) - Be a registered Professional Engineer in the State of Florida (or if registered in another state, have the ability to obtain registration in Florida within 6 months) with a minimum of one (1) year, or non-registered with a minimum of three (3) years, of experience with the use of geometry control computer programs and with the performance of surveying procedures required for the production of precast concrete box segments at a casting yard. GEOTECHNICAL ENGINEER - Be a registered Professional Engineer in the State of Florida (or if registered in another state, have the ability to obtain registration in Florida within 6 months) with a minimum of 5 years of experience in being in responsible charge of the geotechnical foundation construction engineering and dynamic testing work on at least five (5) Department bridge projects, including Depaztment Structures Design Category 2 bridge projects, having driven pile foundations/drilled shaft foundations or similaz projects for other State Depaztment of Transportation. "Responsible charge" experience shall include verifiable and successful drilled shaft installation and coring inspections and constrictions, static, Osterberg Cell and/or Statnamic load test experience, as well as Pile Driving Analyzer (PDA), WEAP computer program and CAPWAP computer programs to analyze concrete/steeUtimberpilirg. GEOTECHNICAL TECHNICIAN -Knowledge in the use and provisions of the PDA system, WEAP and CAPWAP computer programs to analyze concrete/steeUtimberpilirg in conjunction with dynamic load tests with a minimum of three (3) years of experience on at least two (2) Department bridge projects. Qualifications: CTQP Pile Driving Inspection CTQP Drilled Shaft Inspection PUBLIC INFORMATION OFFICER -High school graduate or equivalent and be knowledgeable in public information and/or advertising involving mass circulation or distribution of literature, mass advertising or other similaz activities and performed such work for a at least three (3) years. UTILITY COORDINATOR -High school graduate or equivalent and be knowledgeable of Department's Standazds; policies, procedures, and agreements and shall have a minimum of 4 years of experience performing utility coordination in accordance with Department's Standards, policies, procedures, and agreements. SENIOR ITS INSPECTOR -High school graduate or equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in ITS construction inspection, plus the following: Qualifications: Fiber Installation Inspection and OTDR Fiber Testing DMS Operation and Testing October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 38 of 39 Controller Operation and Testing CCTV Installation, Operation and Testing Familiarity with Existing Communication Equipment and Switches Certifications: IMSA Level II or a Civil Engineering degree and one (1) yeaz of ITS CEI experience. Responsible for performing highly complex technical assignments in field surveying and construction layout, making and checking engineering computations, inspecting construction work and conducting field tests and is responsible for coordinating and managing the lower level inspecto><s. Work is performed under the general supervision of the Project Administrator. ITS INSPECTOR -High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in ITS construction inspection, plus the following: Qualifications: Fiber Installation Inspection and OTDR Fiber Testing DMS Operation and Testing Controller Operation and Testing CCTV Installation, Operation and Testing Familiarity with Existing Communication Equipment and Switches Certif-ications: None or a Civil Engineering degree. Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first yeaz of working as an inspector or Engineer Intern. Exceptions will be permitted on a case-by-case basis so long as qualifications and certifications aze appropriate for specific inspection duties. October 23, 2007 RFQ No: 01-07/08 City of Miami Beach 39 of 39