PB Americas, Inc.,~oo~ .~~7 rq
3~a/Y - C 7'I=
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
PB AMERICAS, INC.
FOR
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
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 $
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 g
1.20 Scope of Services 9
ARTICLE 2. BASIC SERVICES 9
2.1 Administration, Inspection, and Materials Sampling and Testing 9
2.2 Responsibility for Claims and Liabilities 9
2.3 Time g
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
SCHEDULE D 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.
PB AMERICAS, 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 PB Americas, Inc., a New York corporation having its
principal office at 7300 Corporate Center Drive, Suite 600, 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 (CEn 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 ESTABLISIiMENT OF A PRE-
APPROVED LIST OF PROFESSIONAL CONSTRUCTION ENGINEERING AND
INSPECTION SERVICES (CEI) FIRMS 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 PB Americas, Inc., a New
York corporation having its principal office at 7300 Corporate Center Drive, Suite 600,
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 (CEI) 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" BASIS 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.
L 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.
10
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 (CE]) 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 with
or without stating its cause.
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 Ciry 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 Ciry 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 Ciry 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 Ciry 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 Ciry 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
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
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 (CE1) SERVICES ON AN "AS NEEDED" BASIS June 2008
ARTICLE 14. MISCELLANEOUS PROVISIONS
14.1 Intentionally omitted.
14.2 Equal Opportunity Employment Goals: Consultant agrees that it will not discriminate
against any employee or applicant for employment for work under this Agreement
because of race, color, 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
ARTICLE 15. NOTICE
15.1 All written notices given to City by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Timothy Hemstreet
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Office of Public Works
c/o City Engineer, Fernando Vazquez
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
29
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
I f
''j,"
CITY CLERK MAYOR
CONSULTANT
Attest PB AMERICAS, INC.
l~~-a"1 C.L~
Signature/~eeret~n~
Assistant Vice President
GGGu.~.~ ol,.-~
Signature
Vice President
Charlene Cianci
Print Name
James A. Moreno, P.E.
Print Name
APPROVED AS TO
FORM & LANGUAGE
ts< FOR EXECUTION
~~~i~~~!~ b~~~~~~
City Atto .Date
30
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 PB AMERICAS, 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:
days
e
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
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 PB AMERICAS, 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 PB AMERICAS, 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)
(Firni/Company Name)
(Signature)
(Print Name and Title)
33
a-
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 PB AMERICAS, 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
... _ ~ ~ DATE (MMIDDlYY)
,C ERT LF I~C~AT E O F L'IAB{I~L I TY I'N S~U`RAM C E - . ~ ,, 07/03/2ooa
A COR!?
`'
~,
,
~~ , .
PRODUCER Serial # 507397 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Aon Rlsk Services Northeast, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
fka Aon Risk Services, Inc. of New York ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
199 water Street COMPANIES AFFORDING COVERAGE
New York, NY 10038
PHONE: 866-268-7475 COMPANY
AMERICAN CASUALTY CO. OF READING PA (NAIC #20427)
FAX: 888.487-7847 A
INSURED COMPANY
B
PB AMERICAS, INC.
ONE PENN PLAZA COMPANY TRANSPORTATION INSURANCE COMPANY (NAIC #20494)
NEW YORK, NY 10119 C
COMPANY
I D
THIS IS TO CERTIFY I HA7 THE POLICIES OF INSURANCE LISTED BELOW HAVt BEEN ISSUED l U I HE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS
INDICATED
,
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION
LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MM/DDIYY)
A GEN ERAL LIABILITY GL 2095788109 11/01/2007 11/01/2008 GENERAL AGGREGATE $ 5,000,000
X COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY (A/S) PRODUCTS-COMP/OPAGG $ S,000,OOO
C' CLAIMS MADE ^X OCCUR GL 2095788093 PERSONAL & ADV INJURY $ 2,000,000
OWNER'S 8 CONTRACTOR'S PROT GENERAL LIABILITY-STOP GAP EACH OCCURRENCE $ 2,000,000
FIRE DAMAGE (Any one fire) E 300,OOo
MED EXP (Any one person) $ 5,000
A AUT OMOBILE LIABILITY BUA 2095788112 11/01/2007 11/01/2008
COMBINED SINGLE LIMIT
$ 2,000,000
X ANY AUTO COMMERCIAL AUTO
ALL OW NED AUTOS BUA 2095788126 PD BODILY INJURY $
SCHEDULED AUTOS AUTO PHYSICAL DAMAGE (Per person)
HIRED AUTOS
NON-OWNED AUTOS
$500 DED COMP
000 DED COLL
1 ~ BODILY INJURY
(Per accident)
$
$
, ~~ /~
- " /~~ PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
A WORKER'S COMPENSATION AND WC 2095788059 AOS 11/01/2007 11/01/2008 X ORVLMTS ER
A EMPLOYERS' LIABILITY WC 2095788062 CA ONLY 11/01/2007 11/01/2008 EL EACH ACCIDENT $ 1,000,000
C THE PROPRIETOR/ X INCL WC 2095788076RETRO(OR,VA,WI) 11/01/2007 11/01/2008 EL DISEASE-POLICY LIMIT $ 1,000,ODO
PARTNERSIEXECUTNE
OFFICERS ARE:
EXCL
EL DISEASE - EA EMPLOYEE
$ 1,000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS
(PB #173718) CERTIFIED ENGINEERING AND INSPECTION SERVICES, R FQ NO.01-07/08.
EXCLUDING WORKERS COMPENSATION, CITY OF MIAMI BEACH IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT
OF PB'S OPERATIONS.
iC.E `rFI A ?I~.r~!y ~~'+~~I ,. 7::. _.. ..
~~~ ~ ~.m~~WNM V r. .. ../.
~
~m MrF~ ~~~~,
CANCELiLG4TIf0e(!1.5 ;-,. .:;..,,
. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF MIAMI BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
1700 CONVENTION CENTER 3o DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
MIAMI BEACH, FL 33139 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L4461LRY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
ALIT OR EP S TA71VE (~ A/
P/N,4l~4'r~~j ~v -~' ~~ 10242936
-
;2
1
12
~~
`
k
~ I-~:'~,~`:
a
,~ ~
~
D
5
.A
C0.
L8.)
.~
~ ,
PARSON 2000 25'S.FP3PARSONS LIABILITY 07-08 .FP5
H CERT~FIGATE ~F 1"~~p /L Ar~~ CERTIFICATE NUMBER
Ilf'11~1 NYC-002935849-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
PRODUCER
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
MARSH USA, INC. POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
FINPRO
1166 AVENUE OF THE AMERICAS AFFORDED BY THE POLICIES DESCRIBED HEREIN.
38TH FLOOR COMPANIES AFFORDING COVERAGE
NEW YORK, NY 10036
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
36157-MAIN-PL-07-08
INSURED COMPANY
Inc.
PB Americas B
,
One Penn Plaza COMPANY
NY 10119
New York
, C
COMPANY
D
COVEi2AGES This certificate supersedes and replaces any previously issued certificate forthe policy period noted below. 3
THIS YS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
TERM OR CONDITION OF
NOTWITHSTANDING ANY REQUIREMENT ANY CONTRACT OR OTHER DOCUMENT WrrH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
,
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIB ED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POUCV EFFECTIVE POLICY EXPIRATION LIMITS
TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY)
LTR
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $
~ ~ PERSONAL 8 ADV INJURY $
OCCUR
CLAIMS MADE
' EACH OCCURRENCE $
S PROT
ONMER'S & CONTRACTOR
FIRE DAMAGE (Any one fire) $
MED EXP (Any one son) $
AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(Per accident) $
NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
ANY AUTO $
EACH ACCIDENT
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
/`~~ AGGREGATE $
UMBRELLA FORM ' •J $
OTHER THAN UMBRELLA FORM
WO RKERS COMPENSATION AND TORY LIMITS ER S _~
EMPLOYERS' UABWTY
EL EACH ACCIDENT
$
THE PROPRIETOR/ ELDISEASE-POLICY LIMIT $
PARTNERS/EXECUTNE INCL
EL DISEASE-EACH EMPLOYEE
$
OFFICERS ARE: EXCL
THER
A PROFESSIONAL LIABILITY EOC 587103605 11/01/07 11/01/08 $1,000,000 Per Claim
$1,000,000 Aggregate
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
NAIC #16535
PB #173718
Pro)'ect Name: Professional Certified Engineering & Inspection (CE) Services
RFO No. 01-07/08
CERTIFICATE HOLDER CANCfLLATlON
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER AFFORDING COVERAGE 1MLL ENDEAVOR TO MAIL ~Q DAYS WRITTEN NOTICE TO THE
Clty Of Mlaml Beach CERTIFICATE HOLDER NAMED HEREIN, BuT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
1700 Convention Center Drive
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS oR REPRESENTATNES, OR THE
Miami Beach, FL 33139
ISSUER OF THIS CERTIFICATE.
AUTNOR¢ED REPRESENTATNE
'~
~j
of Marsh USA Inc.
6Y: Dennis M. Baez
MM1(3I03) VALID AS OF:07/03/08
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager; 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-
Shaii the City Commission adopt the Resolution?
Item summa iRecommenaatlon:
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 met the
City's requirements stipulated on the RFQ. Furthermore, the motion included that all firms be subject
to further verbcation by the Administration who will exercise its due diligence in the selection process
for each individual project.
ACCEPT THE CITY MANAGER'S RECOMMENDATION
Adviso Board Recommendation:
Financial 1 nformatlon:
Source of Amount Account
Funds: ~
2
3
4
OBPI Total
Financial Impact Summary:
C• Clerk's Office Le Islative Trackin
Gus Lopez extension 6641
JMG
~`1 I ~~ ~ g E~- +~G~IaA ITEM C ] f
"'~F 101 QATE ~O
m MIAMIBEACH
City of Miami Bsaeh, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
-ro: Mayor Matti H. Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: March 12, 2008
suBJECr: 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. 01-07108, 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 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.
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 qual~ed 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-09-07/08,
March 72, 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 & 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. 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
• Teny 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 certifications. 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 - RFG?-09-07/08,
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, quaycations 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 certifications 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 verbcation 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. 01-07/08, 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.
T:WGENDA12006\March 12\Consent\RFQ 01-W-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 AUTHORWNG 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 needed" 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 & Partners Inc.;
4. Bolton Perez and Associates;
5. Calvin Giordano & Associates;
6. CIMA Engineering Corp.;
7. Consultech Enterprises Inc.;
$. 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. PBS8~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. 01-07108, 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
APPROtVED AS T+O
T:wGENDA~z0081March 12~ConsentlRFQ 01-07-08 -CEI Professional Services - RESOLUTION.doc FORhII & LANGUAGE
106
m MIAMIBEACH
City of liAiami Beach, 1700 Convention Center Grive, Niiomi Beach, Florida 33? 39, MMN.miarnibeachff.gov
?F:Qr'i~RiMENT Division
Tel: 305-b73-7490, Fax: 78fr394-4235
RFP No. 01-07/08
ADDENDUM No. 1
November 6, 2007
Ft'RE-APpRC3lFED LIST C3F I~RCFESSICN~'aL CEI FIRMS IS ~clldll~tllENCDE® AS
FQLt.tr?98~5:
CH~N~E; SECTI~3N Ill - E~/AL€~ATIC)N SELECTION PRC3CESS p.13
Has 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);
1. Demonstrated successful similar projects.
i:3n page 9 of the RFC package, it refers to Client performance Evaluation Surveys.
Do we need to submit this prior to the November 20~' deadline, or 6s 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.
£~n page 9 of RFf~; '1. Table of Contents - "all pages must be consecutively
reue~bered". Does that mean all resumes, licenses, certifcates, etc, that we are
including need a page number on it? or only the proposal section?
The resumes, licenses and certificates do not need to be numbered.
Rage 5, under the title ~1. £~ualification Doc~nrrtents to be cor€tpleted and returned
to City, It said to return pages 22 thru 30, but how about page 29 "insurance
check list form"? Should that form be submitted to the city as well's
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.
Can a firm submit a proposal as prirt~e consultant and also team up with another
firm ~s their subconsultants"~ Is this allowed on this l~l"O?
Yes, it is allowed.
Sectian 1, paragraph I", entitled "Cantact Parson" Copy Bob Percher, City Clsrk on
All email. ~tlr. Parcher's email address is I~obertParcher€C7,~rniamit3eachfl,uov
All interested parties fnay contact ~31ga Serrano at 3a5-6~3-?49!? ar email
OI~aSerranorniari~ibeachfl.gov from Nov. '13-2ti to inquire as to the number of
surreys received by this office far yr~ur caEnpany.
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
"A..ls''r NEEDED" BASIS
~~Q # 0 i -a7~a$
RFQ QPENING: November 20, 2007 AT 3:00 P.M.
Gus Lopez, C:PPQ, Prncuremenf i~irecfcr
FRGCJRi:h1ENT ~IYiSiCN
1700 Convention Center ~Jrve; Miami Beach, fE 33139
www.miamibeachfl.gov
F:`~NUR~'\$r;<<`-,f~LGS\fiE y U 1-ij'7-0$\RF a-r.'' i 'JJ-J$.:~c:c
m MIAMIBEACH
RFQ No: 01-07/08
1 of 39
~ MIAMIBEACH
Cit~r of flAiami Beach, 170a Convention Center Drive, Miami Beaett, Florida 33 ; 34, wvaw.r:?iamibeachfl.flov
f~E?OCUREMENi ulvlsl~>v PUBLIC NC}TiCE
7e1: 305-G73-7490, Fax: 7$G-394-4235
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 RFQ No: 01-07/08
City of Miami Beach 2 of 39
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
olaaserranoc~niiamibeachf.oov 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:
wYgn~r,rfpdeoot.coYr:
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:
httg:liv~.rni~r:~il~e~chfl.oo~~ine~vcFtvi~e; tsiourchasel~idintro.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 RFQ No: 01-07/08
City of Miami Beach 4 of 39
~~
City aF Miame Beach, 1700 Canvertian Canter Drive, M.iomi 5each, Flariaa 33 i 39, vrvrvr.miomibeochfl.gav
PROCUREMEN ~ [31VISION
Tei: 305-b73-7490, Fax: 78b-394-4235
TABLE OF CONTENTS
Paae
I. REQUEST FOR QUALIFICATIONS OVERVIEW AND REPONSE
PROCEDURES
A. Introduction/Analysis 6
B. Purpose 6
C. RFQ Time Table 6
D. Qualification Submission 6
E. Pre-RFQ Submission Conference 7
F. Contact Person 7-8
QUALIFICATION STATEMENT FORMAT a-1o
III MINIMUM REQUIREMENTS /QUALIFICATIONS 11-12
1
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 23
-Sworn Statement/Section 287.133(3)(a), Florida Statutes -Public Entity Crimes 24-25
-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 33-3s
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
October 23, 2007
November 6, 2007
November 13, 2007
November 20th 2007, at 3:00 p.m.
December, 2007
January, 2008
February, 2008
February, 2008
D. QUALIFICATIONS SUBMISSION
October 23, 2007 RFQ No: 01-07/08
City of Miami Beach 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:
oi~aserrano~mian3ibeachfi.c~ov.
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 replie
amendments deemed necessary in written
deadline for responding to this RFQ.
s to inquiries and additional information or
addenda, which will be issued prior to the
October 23, 2007
City of Miami Beach
RFQ No: 01-07/08
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) 7$6-
394-4235; ore-mail of aserrrar:o~~:riamibeachfl. av. 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 RFQ 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 wilt 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 -2nd place vote (1x2=2)
2 -3rd place votes (2x3=fi)
B.
2 - 1St place votes (2x1=2}
4 - 2"d place votes (4x2=8)
1 - 3`d place votes (1x3=3)
C.
1 - 1St place votes (1x1=1)
2 - 2nd place vote (2x2=4)
4 - 3rd place votes (4x3=12)
12
13
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 18 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 be an 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: 01-07/08
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 RFQ 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 official 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. 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.
6
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
October 23, 2007
City of Miami Beach
Signature of Vendor
RFO No: 01-07!08
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 II: 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 (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
.)
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 contenders.
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 RFO 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]
1 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. I 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
_ My commission expires
(Type of Identification)
(Printed typed or stamped Commissioned name of Notary Public)
October 23, 2007 RFO 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 Foreistn 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. 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
+~ily of I10Eia~i Beach, t J00 Convertion Center C,rive, lVtiami Peach, Florida 33139, w~rx.miamibeachfE.gov
PROIJPEiV1cNT DIVISION
Tel: 305-~73•?440, Fax: 786-344-4235
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; or a-mail ol.~aserranott miamibeachf•..,:,ov.
Thank you for your time and effort.
/~,~
Gus Lopez, CPPO
Procurement Director
October 23, 2007 RFQ No: 01-07/08
City of Miami Beach 31 of 39
~ MIAMIBEACH
City of Meanie Beach, 1700 Convention Center give, Miami Eeacl~, Flarido 33139, evww.miamibeachfl.gov
~~OC.u~~rnkN-r DIVISION
Tel: 305.673.7490 l=ax: 756-394-42 35
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 (10 means you are very
satisfied and have no questions about hiring them again, and 1 is if you would never hire them again
because of very poor performance). Please indicate by N/A if you don't know.
NO CRITERIA UNIT
1 Abili to erform CEI services (1-10)
2 Abili to communicate effective) and efficient) (1-10)
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 (1-10)
5 Abili to rovide the surve control baselines 1-10
6 Professionalism 1-10
~ Overall customer satisfaction (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 786-3944235
Attn. Olga Serrano at: olaaserranra~rniamibeachfl.cov , with a copy to
stephanieca€~>,~saniony miamibeachfl.s~c~v
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 road 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; develops and/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 ADMINISTRATOR - 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 ofwhich 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, or four (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 of twelve (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 final 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
Certif-ications:
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 may be substituted for one (1) year of engineering experience
CONTRACT SUPPORT SPECIALIST - A High School diploma or equivalent and four (4) years
of road & bridge construction engineering inspection (CEI) experience having performed/assisted in
project related duties (i.e., CQR/LIMS, progress and final 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 final
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 final 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 (CC2) 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 construction 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 addition, 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:
Qualifications:
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 Traffic 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/Competent 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, making, 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:
Qualifications:
CTQP Concrete Field Inspector Level I
October 23, 2007
City of Miami Beach
RFQ 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
Certifications:
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:
Quaycations:
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) year 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) year of professional
experience described above; or a Doctorate degree in one of the physical of natural sciences or
engineering or one (1) year 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 Department Structures Design Category 2 bridge projects, having driven
pile foundations/drilled shaft foundations or similar projects for other State Department of
Transportation. "Responsible charge" experience shall include verifiable and successful drilled
shaft installation and coring inspections and constructions, 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/steeUtimberpiBng.
GEOTECHNICAL TECHNICIAN -Knowledge in the use and provisions of the PDA system,
WEAP and CAPWAP computer programs to analyze concrete/steeUtimberpiBng 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 similar 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 Standards; 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) year 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
inspectors. 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
Certifications:
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 year of working as
an inspector or Engineer Intern. Exceptions will be permitted on a case-by-case basis so long as
qualifications and certifications are appropriate for specific inspection duties.
October 23, 2007
City of Miami Beach
RFQ No: 01-07/08
39 of 39