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Renovations to MBPD Headquarters
CITY CLERK OFFICE: RAFAEL GRANADO or LILIA CARDILLO DATE: 03/27/2020 FROM: Jorge Gueimunde DEPARTMENT: PROCUREMENT EXTENSION: 7490 CONTRACT: RFQ-2019-242-ND for Architectural and Design Services for Renovations to Miami Beach Police Headquarter Improvements Leo A Daly Company RESOLUTION: 2019-30949 COMMISSION DATE:09/11/2019 ITEM NUMBER: C7-L AGREEMENT BETWEEN CITY OF MIAMI BEACH AND LEO A. DALY COMPANY FOR ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO MIAMI BEACH POLICE DEPARTMENT HEADQUARTERS NO. 2019-242-ND RESOLUTION NO. 2019-30949 1 TABLE OF CONTENTS DESCRIPTION: PAGE ARTICLE 1. DEFINITIONS 3 ARTICLE 2. BASIC SERVICES 8 ARTICLE 3. THE CITY'S RESPONSIBILITIES 13 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 15 ARTICLE 5. ADDITIONAL SERVICES 17 ARTICLE 6. REIMBURSABLE EXPENSES 19 ARTICLE 7. COMPENSATION FOR SERVICES 19 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 20 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 20 ARTICLE 10. TERMINATION OF AGREEMENT 21 ARTICLE 11. INSURANCE 23 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 23 ARTICLE 13. ERRORS AND OMISSIONS 24 ARTICLE 14. LIMITATION OF LIABILITY 24 ARTICLE 15. NOTICE 25 ARTICLE 16, MISCELLANEOUS PROVISIONS 25 SCHEDULES: SCHEDULE A-SCOPE OF SERVICES 30 SCHEDULE A-1- CONSULTANT SERVICE ORDER 43 SCHEDULE B- COMPENSATION AND FEE SUMMARY 45 SCHEDULE B-1- HOURLY BILLING RATE SCHEDULE 46 SCHEDULE C-FEE TASK SCHEDULE 47 SCHEDULE D-CONSTRUCTION COST BUDGET 48 ATTACHMENTS: ATTACHMENT A 49 ATTACHMENT B 50 ATTACHMENT C 51 2 AGREEMENT • BETWEEN THE CITY OF MIAMI BEACH AND LEO A. DALY COMPANY FOR ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO MIAMI BEACH POLICE DEPARTMENT HEADQUARTERS This Agreement made and entered into this day of , 20 , (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and LEO A. DALY COMPANY, a Florida corporation having its principal office at 5200 Blue Lagoon Drive, Miami, FL 33126 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the RFQ No. 2019-242-ND (the "RFQ") was intended to provide access to architectural and engineering firms in accordance with the Florida Consultant's Competitive Negotiation Act; and WHEREAS, on September 11,2019,the City Commission approved Resolution No.2019- 30949, respectively, authorizing the City to enter into negotiations with Leo A. Daly Company and, if successful, execute an agreement with the Consultant pursuant to the RFQ; and WHEREAS, City and the Consultant have negotiated the following agreement pursuant to the RFQ; and NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions used in this Agreement. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein unless otherwise stated herein: ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services in this Agreement, as described in Article 5 and the Consultant Service Order, which the Consultant shall perform, at the City's option, and which must be duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 3 APPLICABLE LAWS: "Applicable Laws" means all laws, statutes, codes (including, but not limited to, building codes), ordinances, rules, regulations, lawful orders and decrees of governmental authorities having jurisdiction over the Project, the Project Site or the Parties. BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant(and approved by the City)as being within the Construction Cost Budget. "Base Bid" shall not include additive alternates or deductive alternates. BASIC SERVICES: "Basic Services"shall include those services which Consultant shall perform in accordance with the terms of the Agreement, as described in Article 2 and the Scope of Services set forth in Schedule A hereto. Any Services not specifically enumerated as Additional Services(as defined herein)shall also be considered Basic Services. CITY(OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. In all respects hereunder, City's obligations and performance is pursuant to City's position as the owner of the Project acting in its proprietary capacity. In the event City exercises its regulatory authority as a governmental body including, but not limited to, its regulatory authority for code inspections and issuance of Building Department permits, Public Works Department permits, or other applicable permits within its jurisdiction,the exercise of such regulatory authority and the enforcement of any Applicable Laws shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a Party to this Agreement. CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. CITY MANAGER:The"City Manager"shall mean the chief administrative officer of the City. The City Manager shall also be construed to include any duly authorized representatives designated by the City Manager in writing, including the Project Administrator, with respect to any specific matter(s) concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project). CONSTRUCTION COST BUDGET: The "Construction Cost Budget" shall mean the amount budgeted and established by the City to provide for the cost of construction of the Work for the Project("Construction Cost"), as set forth in Schedule D. CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final (100% completed) plans, technical specifications, drawings, schematics, documents, and diagrams prepared by the Consultant pursuant to this Agreement, setting forth in detail the requirements for the construction of the Project. The Construction Documents shall set forth in full all details necessary to complete the construction of the Project in accordance with the Contract Documents. Construction Documents shall not be part of the Contract Documents, until(a)the Consultant has submitted completed Construction Documents to the City and (b) they have been reviewed and approved by the City and any agencies having jurisdiction in accordance with the procedures as otherwise provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant's obligations to ensure the Construction Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. 4 CONSULTANT: The named entity on page 1 of this Agreement,the"Consultant"shall mean the qualified and properly professionally licensed design professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the professional practice area for which the design professional has been engaged by City and who will perform (or cause to be performed through Subconsultants acceptable to the City) all architectural, design and engineering services required under this Agreement and/or Consultant Service Order and will serve as the "architect of record" and/or "engineer of record" for the Project. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, or agents of Consultants, and any other person or entity acting under the supervision, direction, or control of Consultant to provide any architectural, design, engineering or similar professional services with respect to the Project ("Subconsultants"). The Consultant shall not be replaced by any other entity, except as otherwise permitted in this Agreement. Further, any Subconsultant that may perform services on behalf of the Consultant shall be a qualified and properly professionally licensed design professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the professional practice area for which the Subconsultant has been engaged by Consultant to perform professional design services in connection with the Project. The following Subconsultants are hereby approved by the City Manager for the Project: • TLC Engineering Solution • Focus EGD • The Bosch Group • RWDI • Langan CONSULTANT SERVICE ORDER: Consultant Service Order shall mean any work order issued by the City to Consultant(in substantial form as in Schedule A=1 attached hereto),that specifically describes and delineates the particular Additional Services which may be required of Consultant that is the subject of such Consultant Service Order, and which may include studies or study activity, and/or professional services as defined in Section 287.055 of the Florida Statutes. CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the Agreement approved by the City(as specified below)and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or completion dates. - Contract Amendments shall be approved by the City Commission if they exceed one hundred thousand dollars($100,000.00). Even for Contract Amendments of one hundred thousand dollars ($100,000.00) or less (or other such threshold contract amount as may be specified by the City of Miami Beach Procurement Ordinance),the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. CONTRACT DOCUMENTS: "Contract Documents"shall mean this Agreement(together with all exhibits, addenda, Consultant Service Orders and written amendments issued thereto), and all Design Documents and Construction Documents. The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Request for Qualifications (RFQ), instructions to bidders, bid form, bid bond, Design Criteria 5 6 Package (if any), the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction (General, Supplementary, and other Conditions), Divisions 0-17 specifications, an approved Change Order(s), approved Construction Change Directive(s), and/or approved written order(s)for a minor change in the Work. CONTRACT FOR CONSTRUCTION: "Contract for Construction"shall mean the legally binding agreement between City and Contractor for performance of the Work covered in the Contract Documents, including, without limitation, a general contractor, construction manager, design- builder or any other duly licensed construction contractor selected pursuant to any other procurement methodology available under Florida law. CONTRACTOR:"Contractor"shall mean the individual or individuals,firm,company,corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. DESIGN CRITERIA PACKAGE or DCP: "Design Criteria Package" means concise, performance-oriented drawings or specifications of a design-build Project, prepared for the purpose of furnishing sufficient information to permit design-build firms to prepare a bid or a response to a City request for proposal, or to permit the City to enter into a negotiated design- build contract. The Design Criteria Package must specify performance-based criteria for the design-build Project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities,stormwater retention and disposal,and parking requirements applicable to the project. DESIGN DOCUMENTS: "Design Documents" means all plans, drawings specifications, schematics and all other documents which set forth in full the design of the Project and fix and describe in detail the size, configuration and character of the Project concerning all items of the Project necessary for the final preparation of the 100% completed, permitted Construction Documents in accordance with the requirements of the Contract Documents including, without limitation, all architectural and engineering elements as may be appropriate. Design Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Design Documents to the City and (b) they have been reviewed and approved by the City and agencies having jurisdiction in accordance with the procedures as provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant's obligations to ensure the Design Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. ) 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 a hurricane, tornado, flood, loss caused by fire and other similar unavoidable casualties; or other causes beyond the City's or Consultant's control that are not due to any act, omission or negligence of either City or Consultant and,which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of City or Consultant under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather(except as noted above), the acts or omissions of Subconsultants, the Contractor and its sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. 6 if the Consultant is delayed in performing any obligation under this Agreement due to a Force Majeure, the Consultant shall request a time extension from the Project Administrator within five (5) business days of said Force Majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless Additional Services are required and approved pursuant to Article 5 hereof. PROJECT: The"Project"shall mean that certain City capital project described in the Scope of Services set forth in Schedule A hereto. Project Cost: The "Project Cost", shall mean the estimated total cost of the Project,as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may,from time to time, be revised or adjusted by the City, in its sole discretion,to accommodate approved modifications or changes to the Project or scope of work. Project Scope: The "Project Scope" shall mean the description of the Project, as described in Schedule A hereto. PROJECT ADMINISTRATOR: The "Project Administrator" shall mean the individual designated by the City Manager who shall be the City's authorized representative to issue directives and notices on behalf of the City with respect to all matters concerning the Services of this Agreement (exclusive of those authorizations reserved to the City Manager or City Commission under this Agreement, or to regulatory or administrative bodies having jurisdiction over the Project). PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the RFQ, together with all amendments or addenda thereto (if any), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. Consultant's proposal in response to the RFQ is included for reference purposes only and shall not be incorporated as part of this Agreement, except with respect to Consultant's representations regarding the qualifications and experience of Consultant and its key personnel, its commitment to provide the key personnel listed therein, and its capability to perform and deliver the Services in accordance with this Agreement and consistent with the all representations made therein. SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A— Scope of Services Schedule A-1 —Consultant Service Order Schedule B—Compensation and Fee Summary Schedule B-1 —Hourly Billing Rate Schedule Schedule C— Fee Task Schedule Schedule D—Construction Cost Budget SCOPE OF SERVICES: "Scope of Services"shall include the Project Scope, Basic Services, and any Additional Services(as approved by the City), all as described in Schedule "A" hereto. SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. 7 SOFT COSTS: "Soft Costs"shall mean costs related to the Project other than Construction Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant, financing, permitting fees and other similar costs, as determined by the City, that are not considered as direct costs for the construction of the Project. STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean the detailed estimate prepared by Consultant in Construction Standard Index(CSI)format or other format approved by the Project Administrator,which includes the Consultant's estimated total construction cost to the City of the Work for the Project (as established in the Contract Documents, as they may be amended from time to time). The Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element of the Project and include a breakdown of the fees, general conditions and construction contingency for the Project. Costs shall be adjusted to the projected bid date to take into account anticipated price escalation. WORK: "Work" shall mean all labor, materials, equipment, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and conditions thereof, building code changes and government approvals, licenses, tests, quality assurance and/or quality control inspections and related certifications, surveys, studies, and other items, work and services that are necessary or appropriate for the total construction, installation, and functioning of the Project, together with all additional, collateral and incidental,items, and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents. ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide Basic Services for the Project, as more particularly described in Schedule A. 2.2 The Services will be commenced by the Consultant upon receipt of a written notice to proceed with any of the specific tasks identified in Schedule A("Task")signed by the-City Manager or the Project Administrator ("Notice to Proceed"). Consultant shall countersign the Notice to Proceed upon receipt and return the signed copy to the City. A separate Notice to Proceed issued by the Project Administrator shall be required prior to commencement of each task (as same are set forth in Schedule"A"hereto).Consultant shall have no entitlement to perform (or be compensated for)the Services corresponding with any task under this Agreement, unless such task is authorized by a Notice to Proceed. 2.3 As it relates to the Services and the Project, Consultant warrants and represents to the City that it is knowledgeable of and shall comply with all Applicable Laws. The Consultant agrees to comply with all Applicable Laws,whether now in effect or as may be amended or adopted from time to time, and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. Consultant further agrees that the design for the building will be suitable and sufficient for its intended purpose, as set forth in Schedule A. 2.4 The Consultant warrants and represents to the City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to 8 perform the Services. Consultant agrees and represents to the City that it is responsible for the technical accuracy of the Services (including, without limitation, the Design Documents contemplated in Schedule "A" hereto). Consultant further warrants and represents that the approved and permitted Construction Documents shall constitute a representation by Consultant to City that the Project, if constructed as required by. the Contract Documents, will be fully functional, suitable and sufficient for its occupation and use. No other warranty of any kind, expressed or implied, at common law or created by statute, is extended, made, or intended by rendition of Consultant's services under the Design Contract. 2.5 The Consultant's Basic Services may consist of various tasks, including planning, design, bidding/award, preparation of a DCP, studies, construction administration, and Additional Services (as may be approved), all as further described in the Scope of Services; and shall also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the Contract for Construction. 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City shall waive or excuse Consultant's obligations under the Agreement and/or other Contract Documents and that Consultant shall remain fully liable for all work performed by Consultant including,without limitation, any design errors or omissions. Written decisions and/or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or any Subconsultants), for the accuracy and competency of the Design Documents and Construction Documents, nor shall any City approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect, error or omission in the Design Documents and the Construction Documents. Moreover, neither the City's inspection, review, approval or acceptance of, nor payment for, any Services required under the Agreement shall be construed to relieve the Consultant (or any Subconsultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant shall be and remain liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or to comply with the terms and conditions of the Agreement or by the Consultant's misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. 2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect,the parties agree as follows: 2.7.1 Term: The term of this Agreement shall commence upon execution by the City and Consultant, which shall be the Effective Date referred to on page 3 hereof, and shall be in effect until all Services are completed or all Services authorized under Notices to Proceed are completed and accepted, whichever is later. Notwithstanding the preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Scope of Services, including the time for completion of the work and/or services for the Project. 2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the.Work. 2.7.3 Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Administrator) in order to 9 provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its Subconsultants, as well as other consultants, including, without limitation, City provided consultants(if any). 2.7.4 The Services shall be performed in a manner that shall conform to the Scope of Services. The Consultant may submit requests for an adjustment to the completion time for the Scope of Services, if made necessary because of undue delays resulting from untimely review taken by the City (or authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Administrator with written notice stating the reason for the particular delay;the requested adjustment(i.e. extension)to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request(and such other documentation as the Project Administrator may require), the Project Administrator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Administrator's approval (if granted) shall be in writing. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Administrator, Contractor, and any and all other individuals and/or firms that have been contracted, or otherwise retained, to perform work on the Project. Except as provided in this Agreement, Consultant is not responsible for supervising, directing, controlling, or otherwise being in charge of the construction activities, means, or methods at the project site; or supervising, directing, controlling, or otherwise being in charge of the actual work of the'Contractor, its subcontractors, or other materialmen or service providers not engaged by Consultant. 2.9 The Consultant shall, in accordance with Article 2.4 herein, perform its duties under this Agreement in a competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or omissions by the City make such performance impossible. 2.10 The Consultant is responsible for the professional quality, technical accuracy, completeness, performance and coordination of all Services required under the Agreement any Consultant Service Orders (including the services performed by Subconsultants), within the specified time period and specified cost. The Consultant shall perform the Services utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of such Services in the State of Florida. The Consultant is responsible for, and shall represent to City that the Services conform to the City's requirements, the Contract Documents and all Applicable Laws. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's errors or omissions, breaches of this Agreement, or deficiencies caused by negligent acts, errors or omissions in the performance of the Services, which damages may include the costs incurred by the City with respect to replacement or repair of any defective or non-conforming construction Work until (i) twelve (12) months following final acceptance of the Work, or (ii) the applicable statute of limitations period, whichever is later. In addition to all other rights and remedies which the City may have, the Consultant shall, at its expense, re-perform all or any portion of the Services to correct any errors or omissions which result from the Consultant's failure to perform 10 in accordance with the above standards. The Project Administrator shall notify the Consultant, in writing, of any errors or omissions and shall approve the method and timing of the corrections. 2.10.1 The Consultant shall be responsible for errors or omissions in Services and any resulting deficient, defective construction work re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance. 2.11 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project schedule. 2.11.1 The Consultant is advised that a performance evaluation of the Services rendered throughout this Agreement will be completed by the City and kept in the City's files for evaluation of future solicitations. 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to provide same. PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, LEO A DALY COMPANY IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES TO PROVIDE UNDER THIS AGREEMENT. NO INDIVIDUAL PROFESSIONAL EMPLOYEE, AGENTS, DIRECTOR, ORFFICER OR PRINCIPAL MAY BE INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS CONTRACT. 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a signed Notice to Proceed, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or the Project Administrator. Replacement(including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Administrator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice 11 from the City Manager or the Project Administrator (which notice shall state the cause therefore), to promptly remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project(including,without limitation, any Subconsultants). 2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-public information concerning the Services or the Project, without the prior written consent of the City Manager or the Project Administrator, unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require Subconsultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services, as described in the Agreement and any Consultant Service Orders, do not delineate every detail and minor work task required to be performed by Consultant to complete the work and/or services described and delineated under Schedule A and any Consultant Service Orders issued to Consultant by the City. If, during the course of performing work, services and/or tasks, Consultant determines that work and/or services should be performed which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated, then Consultant shall promptly notify the Project Administrator, in writing, and shall obtain the Project Administrator's written consent before proceeding with such work and/or services. If Consultant proceeds with any such additional work and/or services without obtaining the prior written consent of the Project Administrator, said work and/or services shall be deemed to be a Basic Service under this Agreement and shall also be deemed to be within the scope of services delineated in Schedule A (whether or not specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Administrator shall not constitute authorization or approval by the City to perform such work. Performance of any such work and/or services by Consultant without the prior written consent of the Project Administrator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide the City, upon request,with copies of any and all such documents and/or records. In addition,Consultant shall provide electronic document files to the City upon completion of the Project. 2.17 THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONSULTANT'S OBLIGATIONS UNDER THE AGREEMENT OR OTHER CONTRACT DOCUMENTS. THE CITY'S PARTICIPATION, FACILITATION AND/OR ASSISTANCE TO THE CONSULTANT SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED AND/OR CONSTITUTE AN ASSUMPTION BY THE CITY OF CONSULTANT'S OBLIGATIONS, A WAIVER OF CONSULTANT'S OBLIGATIONS AND/OR EXCUSE ANY BREACH BY CONSULTANT OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONSULTANT'S OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM DECLARING CONSULTANT IN DEFAULT FOR CONSULTANT'S FAILURE TO PERFORM SUCH OBLIGATION, NOR SHALL IT LIMIT, IN ANY WAY, THE CITY'S RIGHTS AND REMEDIES IN CONNECTION THEREWITH. THE CONSULTANT EXPRESSLY ACKNOWLEDGES AND AGREES NOT TO RAISE OR ASSERT AS DEFENSE TO ANY CLAIM,ACTION,SUIT AND/OR OTHER PROCEEDING OF A SIMILAR NATURE,THE CITY'S PARTICIPATION, ASSISTANCE AND/OR FACILITATION IN THE PERFORMANCE OF CONSULTANT'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION, ASSISTING WITH OBTAINING PERMITS OR WITH COORDINATION WITH UTILITIES, OR OTHER MATTERS 12 RELATED TO THE PROJECT. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND/OR ANY OTHER PROVISION' OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS,THIS SECTION SHALL GOVERN. 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. 2.19 SUBCONSULTANTS: All services provided by Subconsultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the Subconsultants. The Consultant shall not retain, add, or replace any Subconsultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. The Consultant shall cause the names of Subconsultants responsible for significant portions of the Services to be inserted on the plans and specifications. The Consultant shall be ultimately responsible for ensuring the Consultant's and all of its Subconsultants' compliance with the requirements of this Section and any other provision of the Agreement and/or Consultant Service Order. With respect to the performance of work by Subconsultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the Subconsultant's work. The Consultant shall, upon the request of the City, submit to the City such documentation and information as the City reasonably requests to evidence the creation, standing, ownership and professional licensure of the Consultant (and Subconsultants), including organizational documents, operating agreements and professional licensure documentation, and copies of the Consultant's contracts with the Subconsultant with respect to the Project. However, the City's failure to request such documentation or evidence and/or failure to enforce in any way the terms and provisions of this Section, the Agreement and/or any other Consultant Service Order during the Project does not excuse, waive and/or condone in any way any noncompliance of the requirements set forth therein including, without limitation, the professional licensure requirements. Any approval of a Subconsultant by the City shall in no way shift from the Consultant.to City the responsibility for the quality and acceptability of the services performed by the Subconsultant. Payment of Subconsultants shall be the sole responsibility of the Consultant, and shall not be cause for any increase in compensation to the Consultant for payment of the Services. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Administrator, who shall be the City's authorized representative to act on City's behalf with respect to the City's responsibilities or matters requiring City's approval under the Contract Documents. The Project Administrator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. The Project Administrator shall have full authority to require the Consultant to comply with the Contract 13 Documents, provided, however, that any failure of the Project Administrator to identify any noncompliance, or to specifically direct or require compliance, shall in no way constitute a waiver of, or excuse, the Consultant's obligation to comply with the requirements of the Contract Documents. 3.2 The City shall make available to Consultant, for the convenience of the Consultant only, information that the City has in its possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and/or representation as to the accuracy or completeness of such information and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 3.3 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its Subconsultants or vendors). 3.4 If the City observes or otherwise becomes aware of any errors or omissions in design fault or defect in construction in the Project, or non-conformance with the Contract Documents, the City, through the Project Administrator, shall give prompt written notice thereof to the Consultant. 3.5 The City,acting in its proprietary capacity as Owner and not in its regulatory capacity,shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. 3.6 The City Commission shall be the final authority to do or to approve the following actions or conduct, by passage of an enabling resolution or amendment to this Agreement: 3.6.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.6.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include sale of the majority of the stock of a corporate consultant. 3.6.3 The City Commission shall approve or consider all Contract Amendments that exceed the sum of one hundred thousand dollars($100,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.7 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and 14 authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 3.7.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements) and of any SubcOnsultants(and any replacements). 3.7.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his/her discretion, the City Manager may also consult with the City Commission on such matters. 3.7.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 3.7.4 The City Manager may approve Contract Amendments which do not exceed the sum of one hundred thousand dollars ($100,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.7.5 The City Manager may, in his/her sole discretion,form a committee or committees, or inquire of, or consult with, persons for the purpose of receiving advice and recommendations relating to the exercise of the City's powers,duties, and responsibilities under this Agreement or the Contract Documents. 3.7.6 The City Manager shall be the City Commission's authorized representative with regard to acting on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof). 3.8 The City's review, evaluation, or comment as to any documents prepared by or on behalf of the Consultant shall be solely for the purpose of the City's determining for its own satisfaction the suitability of the Project, or portions thereof, detailed in such documents for the purposes intended therefor by the City, and may not be relied upon in any way by the Consultant or any other third party as a substantive review thereof. ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City has established a Construction Cost Budget for the Project, set forth in Schedule D. Consultant shall design the Project so that the Construction Cost Budget for the Project is not exceeded. As part of the Basic Services, Consultant shall design and/or re-design the Project to the Construction Cost Budget in accordance with this Article 4, making all revisions necessary to maintain the Construction Cost Budget. Consultant shall attend meetings with the City to review and discuss cost estimates,cost-saving alternatives,and implementation or revision of the Design Documents and Construction Documents to address such items, as necessary to meet the established budget parameters set forth in the City Construction Budget. 15 4.2. Consultant shall provide and/or update the Statement of Probable Construction Cost at each stage of completion of the Design Documents and at completion of the'Construction Documents, unless otherwise specified in a written directive of the Project Administrator. 4.2.1. At completion of the conceptual design (at such stage of completion of the Design Documents as may be specified by the Project Administrator), Consultant shall provide the City a Statement of Probable Construction Cost,which must include an estimated Construction Cost for the Project within a range of plus or minus fifteen percent (+/-15%) of the Construction Cost Budget. If at the foregoing stage of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than fifteen percent(15%),then the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to within fifteen percent(15%)of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design Documents as part of the Basic Services and at no additional cost to the City. 4.2.2. At the 30%and 60%completion of the Design Documents, Consultant shall update its Statement of Probable Construction Cost,which must include an estimated Construction Cost for the Project within a range of plus or minus ten percent (+1-10%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to within ten percent (10%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design Documents as part of the Basic Services and at no additional cost to the City. 4.2.3. At the 90% stage completion of the Design Documents and at completion of the Construction Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus five percent (+/-5%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than five percent (5%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to within five percent (5%) of the City's Construction Budget. Upon obtaining the City's approval, Consultant shall promptly modify the Design Documents or Construction Documents within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the date Consultant is notified to re-design), as part of the Basic Services and at no additional cost to the City. 4.2.4. To ensure that the Construction Cost shall not exceed the City's Construction Budget, each Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element and include a breakdown of the fees, general conditions and a reasonable and appropriate construction contingency. 16 4.3. Consultant shall certify and warrant to the City that the Statement of Probable Construction Cost and any update thereto, represents Consultant's best judgment of the Construction Cost for the Project as an ,experienced design professional familiar with the construction industry, provided, however,that Consultant cannot(and does not)guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of Probable Cost by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant,and the Consultant shall re-design the Project within the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Statement of Probable Construction Cost, and Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents)within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the date Consultant is notified to re-design), and shall provide re- bidding services, as many times as may be reasonably requested by the City, as part of the Basic Services and at no additional cost to the City, in order to bring any resulting, responsive and responsible bids within ten percent(10%)of the Consultant's final updated Statement of Probable Cost. 4.5. The Construction Cost Budget shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such Construction Cost Budget is exceeded, the City Commission may,at its sole and absolute discretion,terminate this Agreement(and the remaining Services)without any further liability to the City. 4.6. The City Commission may, at its sole and absolute discretion, and without relieving Consultant of its obligations under this Agreement to design the Project to the Construction Cost Budget as set forth in Sections 4.1 through 4.5 above, separately elect any of the following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City; (4) select as many deductive alternatives as may be necessary to bring the lowest and best bid within the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Administrator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; a lump sum to be negotiated at the time of the request for additional services or an hourly fee (in accordance with the rates in Schedule "B-1" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time required to complete the Additional Services; and an amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Administrator. The "Not to Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the 17 case of Reimbursables, for the expenses), and all costs applicable to same shall be verifiable through time sheets(and, for Reimbursables, expense reviews). 5.2 Additional Services include the following: 5.2.1 Appraisals: Investigation and creation of detailed appraisals and valuations of existing facilities, and surveys or inventories in connection with construction performed by City. 5.2.2. Unforeseen Conditions. Providing additional work relative to the Project which arises from subsequent circumstances and causes which could not reasonably have been foreseen at the time of execution of this Agreement (excluding conditions determined by all prior studies available to Consultant and excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.3. City-Requested Revisions to Construction Documents: Making revisions to Construction Documents resulting in or from City-requested changes in Scope of Work involving new program elements, when such revisions are inconsistent with written approvals or instructions previously given by City and/or are due to causes beyond the control of Consultant. 5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or subpoena to appear and give testimony,preparing to serve or serving as an expert witness in connection with any state or federal court action to which the Consultant is not a party in its own name, that is not instituted by the Consultant or in which the performance of the Consultant is not in issue. 5.2.5 Procurement: Assistance in connection with bid protests, re-bidding, or re- negotiating contracts (except for Contract Document revisions and re-bidding services required under Section 4.4 hereof, which shall be provided at no additional cost to City). 5.2.6. Models: Preparing professional perspectives, models or renderings in addition to those provided for in this Agreement except insofar as these are otherwise useful or necessary to the Consultant in the provision of Basic Services. 5.2.7. Threshold Inspection/Material Testing and Inspection: Providing threshold inspection services and material testing/special inspection services, provided that Consultant, as part of the Basic Services, shall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. 5.2.8 Pre-Design Surveys&Testing: Environmental investigations and site evaluations, provided, however, that surveys of the existing structure required to complete as-built documentation are not additional services. 5.2.9 Geotechnical engineering. Providing geotechnical engineering services or site surveys. 5.3 Additional services may be requested by the City using a Consultant Service Order(CSO). For each proposed Consultant Service Order, Consultant shall provide the City with a cost proposal on a lump sum or not-to-exceed basis, based on the fee schedule set forth in Schedule "B-1" hereto. Pursuant to, City of Miami Beach Procurement Ordinance, and Citywide Procedure 03.02. 18 19 Except as specified herein, services that are required for completion of the Construction Documents shall be part of Consultant’s Basic Services. ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses must be authorized, in advance, in writing, by the Project Administrator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Administrator (along with any supporting receipts and other back-up material requested by the Project Administrator). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are “true and correct and in accordance with the Agreement.” Reimbursable Expenses may include, but not be limited to, the following: Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its Subconsultants, and courier, postage and handling costs between the Consultant and its Subconsultants). Costs for reproduction and preparation of graphics for community workshops. Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project (i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant’s "Lump Sum” fee for provision of the Services for the Project shall be $1,083,387.00, and a reimbursable allowance in an amount not to exceed $13,961.00, as more fully delineated in Schedule B hereto for a total contract value of $1,097,348. An allowance for three (3) Alternate Tasks for Flood Mitigation Design Services has been set, as more fully delineated in Schedule A “Scope of Services” hereto.A Consultant Service Order, attached herein as Schedule A-1, shall be required in the event the City proceeds with an alternate task, which Consultant Service Order shall be approved by the City Manager. The fees for the Alternate Tasks shall be in accordance with the fee schedule as fully delineated in Schedule B hereto. 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Administrator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant’s Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project and the total estimated fee to completion. 7.3 Approved Additional Services shall be compensated in accordance with the hourly billing rates set forth in Schedule “B-1,” attached hereto. Any request for payment of Additional Services shall be included with a Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-contracted or not). 7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the “Not to Exceed” Reimbursable allowance amount set forth in Schedule B or in the applicable Consultant Service Order. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City Manager, at his sole discretion, may consider an adjustment to the hourly rates set forth in Schedule B-1. Any such adjustments, if any, shall be based on a corresponding increase in the Consumer Price Index for All Urban Consumers; U.S. City average (1982-84=100), as established by the United States Bureau of Labor Statistics ("CPI"), or material adjustments to the scope or requirements of the RFQ by the City, including (but not limited to) living wage increases, provided, however, that in no event shall any annual increase exceed three percent (3%). In the event that the City determines that the requested increase is unsubstantiated, the Consultant agrees to perform all duties at the current cost terms. 7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Administrator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the respective hourly billing rate associated therewith. In the event Subconsultant work is used,the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project Administrator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work(by employee category), and cost itemizations for Reimbursable Expenses (by category). ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records(whether financial or otherwise),correspondence,technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three(3)years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its Subconsultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in its native electronic form, paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or 20 owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Administrator in their native electronic form within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 9.3 At the City's option,the Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project(or both),the City may terminate this Agreement without further liability to the City. Consultant shall be paid for all work performed and,accepted in accordance with this agreement up to the date of termination. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory manner. In the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). 10.2.1 In the event this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another consultant(s), or otherwise. The Consultant shall be liable to the City for any additional cost(s) incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, 21 and the cost of completion of such Services had the Agreement not been terminated. 10.2.2 In the event of termination for cause by the City,the City shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2,the City shall have no further liability to Consultant. 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Administrator any and all Project documents prepared (or caused to be prepared) by Consultant(including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause,the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant,for convenience,without cause,and without penalty,when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date(as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Administrator of the Project documents(referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant,the City shall pay Consultant for any Services satisfactorily performed and accepted up to.the date of termination; provided, however,that the City shall first be granted a thirty(30)day cure period(commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination(whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Administrator, (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Administrator). ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required insurance coverage in full force and effect.The Consultant shall not commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Administrator: 22 (a) Workers' Compensation and Employer's Liability per the Statutory limits of the State of Florida. (b) Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. (c) Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than$1,000,000 combined single limit per occurrence for bodily injury and property damage. (d) Professional Liability Insurance in an amount not less than $2,000,000 with the deductible per claim. Consultant shall notify the Project Administrator, in writing, within thirty (30) days of any claims filed or made against its Professional Liability policy. 11.2 City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. 11.3 The Consultant must give the Project Administrator at least thirty (30) days prior written notice of cancellation or of substantial modifications in any required insurance coverage. All certificates and endorsements shall contain a requirement to provide thirty(30) days prior written notice upon cancellation. 11.4 The insurance must be furnished by an insurance company rated A:V or better, or its equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the State of Florida,and countersigned by the company's Florida resident agent. 11.5 Consultant shall provide the Project Administrator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant. ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 To the fullest extent permitted by Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. In accordance with Article 12.1, the Consultant shall pay all claims and losses in connection therewith and shall investigate all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible 23 for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its Subconsultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. ERRORS AND OMISSIONS 13.1 ERRORS AND OMISSIONS: It is specifically agreed that any construction changes categorized by the City as caused by errors or omissions, or any combination thereof in the Contract Documents that were prepared by the Consultant will constitute an additional cost to the City that would not have been incurred without the error. The damages to the City for errors, omissions or any combinations thereof shall be calculated as the total cost of any damages or incremental costs to the City resulting out of the errors or omissions by the Consultant, including, without limitation, the direct, indirect and/or consequential damages resulting from the Consultant's errors and/or omissions or any combination thereof. Damages shall include delay damages caused by the error,omission,or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors,omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the applicable Assistant City Manager. The Project Administrator's decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Project Administrator, the Consultant shall present any such objections, in writing, to the City Manager. The Project Administrator and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement,with Consultant's recovery from the City for any damages for action for breach of contract to be limited to the total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this Agreement, in an amount in excess of the total amount of compensation/fees due to Consultant for all Services under this Agreement, which amount shall be reduced by any amount(s)actually paid by the City to Consultant hereunder. Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes. 24 Except as provided in 13.1, in no event shall either Party be liable, whether in contract or tort or otherw ise, to the other Party for loss of profits, delay damages, or for any special incidental or consequential loss or damages, of any nature arising at any time or from any cause whatsoever. It is agreed that the City's maximum recovery against Consultant for any damages, claims, costs, or expenses arising under the Agreement, whether in contract, tort or otherw ise, is limited to the amount of the Consultant's fee under this Agreement. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Jimmy L. Morales, City Manager With a copy to: Property Management City of Miami Beach 1833 Bay Rd, Miami Beach, FL 33139 Attn: Adrian Morales, Director/Lincoln Road Manager All written notices given to the Consultant from the City shall be addressed to: Leo A. Daly 800 NW 62" Aven ue Suite 100 Miami FL, 33126-4991 Attn: Eduardo S. Egea All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VE NUE: 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-Da de County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSUL TANT 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. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are 25 employed and employees are treated during employment without regard to race, color, national origin, religion, sex,gender identity,sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act(Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor,supplier,subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes,for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 16.4 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, otherthan a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this subsection, City shall have the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the contract price (or otherwise recover)the full amount of such fee, commission, percentage, gift, or consideration. 16.5 LAWS AND REGULATIONS: 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by all Applicable Laws which may have a bearing on the Services involved in the Project. 16.5.2 Project Documents. In accordance with Section 119.07(3)(ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary,and final formats,are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2,the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and Subconsultants that will be involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 26 16,5.2.2 The Consultant and its Subconsultants agree in writing that the Project documents are to be kept and maintained in a secure location. 16.5.2.3 Each set of the Project documents are to be numbered and the whereabouts of the documents shall be tracked at all times. 16.5.2.4 A log is developed to track each set of documents logging in the date, time,and name of the individual(s)that work on or view the documents. 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its Subconsultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 ASSIGNMENT:The Consultant shall not assign,transfer or convey this Agreement to any other person,firm, association or corporation, in whole or in part,without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by Subconsultants, subject to the prior written approval of the City Manager. 16.8 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City(through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.9 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, materials, equipment, Subconsultants, and other purchased services, etc., as necessary to complete said Services. 16.10 INTENT OF AGREEMENT: 16.10.1 The intent of the Agreement is for the Consultant to provide design and other services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.10.2 This Agreement is for the benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or provisions of the Agreement. 16.10.3 No acceptance, order, payment, or certificate of or by the City, or its 27 employees or agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions hereof or of any power or right herein reserved to the City or of any rights to damages herein provided. 16.11 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly,the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. 28 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH: CITY CL K MAYOR 3/Z-7 / Date. Date. APPROVED AS TO •BE:9c,,, FORM & LANGUAGE • ; & FOR EXECUTION :. :INCORPORATED. Rc City Atteney Date - Attest LEO A. DALY COMPANY 44- Signature/Secretary Signature/Pfesiden VP • Dc GILIVArt"1(LJ ] 'S• -6 '•sts.- Print Name Print Name Imp 2,5(2.o21-1,A .2„02.c) Date. Date. 29 SCHEDULE A SCOPE OF SERVICES I. PROJECT DESCRIPTION The existing 5-story police department headquarters built in 1987 has exceeded its planned service life. The City of Miami Beach (the City) has requested LEO A DALY to conduct a comprehensive, station-wide renovation in order to mitigate/improve operational inefficiencies, increase the building's resiliency to hazardous flooding conditions and optimize the existing spaces to accommodate future growth for the Miami Beach Police Department(MBPD). The project scope of work is approximately 88,356 square feet. LEO A DALY as design architect in addition to providing basic services, will perform programming and master planning services based on data collected from meetings with Departmental User Groups to develop the Department's 10-15-year outlook with a potential 10% increase in sworn personnel. II. BASIC PROFESSIONAL SERVICES SCOPE A. Basic Services included in this proposal include Architectural along with Mechanical, Electrical, Plumbing and Fire Protection Engineering. B. The project will be competitively bid. III. SUPPLEMENTAL TO BASIC SERVICES SCOPE A. Master Planning 1. A Facilities Deficiencies Assessment will be performed prior to commencing the master planning effort 2. Adjacency and Blocking Diagrams of optimum or improved layout; 3. Interactive workshop to refine/prioritize areas of improvement; 4. Development of 2 Conceptual masterplan approaches to meeting full need; 5. Develop "menu of options"for cost estimation; 6. Interactive prioritization workshops to align scopes and available budgets; 7. Phasing concept development; 8. Final workshop of masterplan with first phase implementation concept(s). 9. Three (3) Master Planning meetings/site visits with the City of 'Miami Beach have been anticipated 10. Project Phasing to minimally disrupt service areas—Coordination of employee placement to be included under Master Planning & Programming services; additionally, to be scheduled in phases and to be very clear for contractors during the remodeling phases. 30 B. Field Verification of As-Builts Provided by Owner: LEO A DALY shall be able rely on any As-Builts or reference documents provided to it by the Client. C. Programming (Space & Growth Need Definition) 1. Interactive space need identifications workshops with MBPD Units; 2. Tour/observation of operations/workflow/best practices of PD units; 3. MBPD Units to provide area, quantity of need and projected need; 4. Refinement of space needs and growth needs of PD units; 5. Prioritization of Needs with MBPD and City Project leadership; 6. Deliverable: Space Program Inventory&Written Narrative report 7. Three (3) Programming meetings/site visits with the City of Miami Beach have been anticipated 8. Project Phasing to minimally disrupt service areas—Coordination of employee placement to be included under Master Planning & Programming services; additionally, to be scheduled in phases and to be very clear for contractors during the remodeling phases. D. Information Technology and Low Voltage Engineering 1. Voice/Data 2. Communications Network Design 3. CATV, CCTV 4. Access Control/Security E. Interior Design and Furniture Planning 1. Includes collaborative User Group meetings to propose and arrive at a consensus on the materials and color palettes for the project 2. Includes collaborative User Group meetings with the Owner's furniture vendor to propose and arrive at a consensus on the best use of existing and new furniture for the project 3. LEO A DALY to coordinate, but not procure the furniture. Client to provide furniture standards ie: manufacturer and model, LEO A DALY to coordinate color selection with interiors team. LEO A DALY is responsible for the development of the furniture plan and for the coordination of infrastructure as evident by the furniture layout or communicated to the architect and documented in the 100% construction documents. Architect is not responsible for miscoordination of power, data and other similar provisions, as a result of vendor or owner-initiated change in the furniture selection or layout 4. Excluded from this fee proposal: a. Any requirement for removal, inventory or relocation of existing equipment, such to be performed by Owner. b. Any asset tagging or management, such to be performed by Owner. c. Procurement assistance. F. Signage and Wayfinding 1. Interior room identity and signs for the remodeled facility 31 G. Firing Range Planning 1. Evaluation and written narrative of existing condition and recommendations for improvement of existing, at existing location; 2. Definition of the scope, scale, and physical parameters of a new replacement range of similar size; 3. Deliverable: Floor plan, Range Section and pertinent detail, sufficient for planning and preliminary cost estimation; 4. Deliverable: Narrative of firing range systems, HVAC, training props, wall and ceiling baffles and necessary components for the purposes of affirming range build out scope and budget. 5. Action Target—keep as seller only, not consultant. H. Cost Estimating 1. Cost estimates will be provided at five milestones: master planning, schematic design, design development, 60% and 90%. 2. Excluded from this fee proposal: a. Estimated cost for repair or replacement of items identified in the VFA asset overview report. b. Estimated cost for new furniture and equipment to be provided by Owner's furniture and equipment vendor I. Acoustical Analysis 1. Schematic Design level acoustics noise and vibration studies 2. Design Development level detailed room acoustics for two (2) specific spaces 3. Design Development ductborne noise assessment, mechanical room sound isolation, mechanical equipment vibration control 4. Design Development partition performance J. Flood Mitigation (within the property line) Based on information received from the Client, the onsite drainage system has two existing connections to the City of Miami Beach roadway drainage. One connection is near the southeast corner of the building via a 10" pipe, a 3" pipe, and a 15" RCP pipe that connect to a curb inlet located in the right-of-way at NW 11th Street. The other connection is near the southwest corner of the building via an 18" pipe that connects to a curb inlet located in the right-of-way at Pennsylvania Avenue. It is our understanding that the site currently experiences flooding at the garage level during king tide events. The Client informed the LEO A DALY team that flooding started at the completion of the 11th Street roadway improvements, which consisted of raising existing grade elevations, and disconnected the site's drainage connection to the 11th Street curb inlet. The connection was later reestablished. However, reconnecting the onsite system has exacerbated flooding at the garage level. Based on video received from the Client, it is our understanding that flooding results from groundwater/tidal water bubbling up at the garage level floor drains. SCOPE OF SERVICES Based on our understanding of the project, we propose the following scope of services. 32 Task 1: Assessment-(Pre-Design): The LEO A DALY team will review the site survey, record drawings for the Miami Beach Police Department building, record drawings for the 11th Street roadway improvements, and drainage as-builts provided by the City of Miami Beach. The LEO A DALY team will also coordinate with Miami Beach Public Works Department(MBPWD)to obtain information regarding the existing Hydraulic Grade Line (HGL) and the projected HGL once the Miami Beach Flamingo Park Neighborhood Improvement project is completed and the future pump stations are installed. The LEO A DALY team will also coordinate with MBPWD for determining the design criteria for the proposed drainage improvements. The LEO A DALY team will prepare a technical memorandum with a summary of the findings and will provide three (3)options (alternatives)for drainage improvements to address flooding at the Miami Beach Police Department building during king tide events and during rainfall events. The three options (alternatives) considered will be as follows: A. Upsizing of existing pipes exiting the garage building and proposing backflow prevention device(s) prior to connection to the right-of-way drainage system. B. Upsizing of existing pipes exiting the garage building, proposing backflow prevention device(s) prior to connection to the right-of-way drainage system and a proposed pump station to pump runoff collected at garage to the offsite stormwater system, as the system is currently functioning. C. Retention of runoff onsite for the parking garage, the office building and the plaza, up to the 25-yr, 72-hour storm event (in accordance with current SFWMD standards and the City of Miami Beach latest resolutions). Runoff would be collected at a proposed pump station and pumped to a series of proposed onsite pressurized injection wells. A Pre-Design Evaluation Meeting with MBPWD and City of Miami Beach: The LEO A DALY team including TLC Engineering Solutions and Langan will meet with the MBPWD and City of Miami Beach representatives to discuss path forward. MBPWD and City of Miami Beach shall review the options and select on whether to proceed or not with Alternate Tasks A, B or-C. The LEO A DALY team will proceed with design and construction documents after receipt of written confirmation by the City indicating the preferred option (alternative). Flood Mitigation: Design Allowance Add Alternate Tasks A. Alternate A: Drainage Pipe Improvements and Backflow Prevention Devices (Garage Only) Task A.1: Drainage Design The LEO A DALY team will prepare drainage plans and drainage calculations in the form of a letter report in accordance with City of Miami Beach standards. The drainage design will consist of upsizing 33 of existing pipes and proposing backflow prevention device(s) prior to connection to the right-of-way drainage system. Notes, - specifications, and relevant typical details will be provided on the plans. The LEO A DALY team will present a preliminary plan and a final drainage plan. Additional submittals are considered supplemental. If additional submittals are required,we will prepare a supplemental service proposal for your review and approval. Drainage improvement plans will be provided for the garage ground floor level and may include sections of the exterior courtyard area only. Regrading of areas inside the parking garage is not included in this proposal.TLC Engineering Solutions, the mechanical engineer on the project team will evaluate the parking garage's interior • stormwater piping system and Langan, the civil engineer on the project team,will coordinate with this engineer to design the improvements in the exterior to the parking garage structure. Task A.2: Permitting The LEO A DALY team will process the drainage plans through the following agencies: • City of Miami Beach Public Works Department • DERM Water Control Section (for DERM Class II Permit) The LEO A DALY team will address up to three (3) rounds of comments from the above-mentioned agencies. If further agency review comments are received, then additional scope of work and fees will apply. If required, prior to proceeding to respond to additional agency review comments, we will provide a written supplemental scope of services for your review and written authorization unless you direct us to proceed immediately on a time spent basis. Note:All permit fees are to be paid directly by the Client. The LEO A DALY team does not guarantee the acquisition of permits because many factors are outside of our control. Task A.3: Construction Phase Services The LEO A DALY team will provide the following construction phase services for civil engineering improvements: • Conduct up to two (2) site observations. • Attend up to two (2) 1-hour construction meetings (in-person or web meetings) as requested by the Client. • Up to two (2) shop drawing reviews per submittal of the shop drawing for drainage improvements. • Review contractor as-built plans for sufficiency for the drainage system. • Address contractor requests for information (RFIs) related to the drainage plans. Task A.4: Meetings The LEO A DALY team will attend up to four(4) project coordination meetings in-person or web meetings. These meetings may be with the project team, utilities or regulatory agencies. 34 B. Alternate B: Pump Station to RNV Drainage (Garage Only) , Task B.1: Drainage Design -We have included this task as an add alternate to be approved or revised as necessary if it is determined during the Task 1 Assessment(Pre-Design)that a private drainage pump station is warranted to mitigate flooding at the garage level of the Miami Beach Police Department building. The LEO A DALY team will prepare drainage plans and drainage calculations in the form of a letter report in accordance with Miami Beach standards. The drainage design will consist of upsizing of existing pipes and proposing backflow prevention device(s) prior to connection to the right-of-way drainage system. Notes, specifications, and relevant typical details will be provided on the plans. Under this task, the LEO A DALY team will also coordinate with Manufactured Odorless Pumping Station (MOPS)for design of the pump station.We are proposing that the new drainage pump station be a MOPS station because of the compact space they occupy and the economical construction cost. MOPS will design the drainage pump station and we will coordinate with them to incorporate their plans into the civil engineering set of plans. MOPS will sign and seal the drainage pump station plans. We will coordinate with the team's electrical engineer for the power requirements of the pump station. Design of power conduits to the pump station shall be the responsibility of the electrical engineer. We will coordinate with the electrical engineer to show the alignment of these conduits to the pump station for utility conflict resolution purposes only. Note: This scope and fee is based on the design of a MOPS station. If the City decides not to proceed with a MOPS station, additional fees will apply, and we will prepare a supplemental service proposal for your review and approval. Task B.2: Permitting The LEO A DALY team will process the drainage plans through the following agencies: • City of'Miami Beach Public Works Department • DERM Water Control Section (for DERM Class II Permit) The LEO A DALY team will address up to three (3) rounds of comments from the above-mentioned agencies. If further agency review comments are received, then additional scope of work and fees will apply. If required, prior to proceeding to respond to additional agency review comments, we will provide a written supplemental scope of services for your review and written authorization unless you direct us to proceed immediately on a time spent basis. 35 Note:All permit fees are to be paid directly by the Client. The LEO A DALY team does not guarantee the acquisition of permits because many factors are outside of our control. Task B.3: Construction Phase Services The LEO A DALY team will provide the following construction phase services for the construction of the proposed drainage improvements and private MOPS pump station: • Conduct up to four(4) site observations. • Attend up to two (2) 1-hour construction meetings (in-person or web meetings) as requested by the Client. • Up to two (2) shop drawing reviews per submittal of the shop drawing for drainage • improvements and pump station. • Review contractor as-built plans for sufficiency for the drainage improvements and drainage pump station. • Address contractor requests for information (RFIs). • Attend one (1) drainage pump station start-up. • Coordinate with MOPS for submittal of pump station operation and maintenance (O&M) manual. Task B.4: Meetings The LEO A DALY team will attend up to four(4) project coordination meetings in-person or web meetings. These_meetings may be with the project team, utilities or regulatory agencies. C. Alternate C: Overall Site Design to Comply with Latest Resolution Task C.1: Drainage Design We have included this task as an add alternate to be approved or revised as necessary if it is determined during the Task 1 Assessment(Pre-Design)that a private drainage pump station is warranted to mitigate flooding at the garage level of the Miami Beach Police Department building, and that the site's stormwater management system shall be modified to discharge runoff to onsite drainage wells in order to meet current Miami Beach standards which do not allow drainage connections to the R/W drainage system. The LEO A DALY team will calculate stage storage and water quality requirements for the entire project site, to design the drainage improvements required to retain site runoff onsite. The LEO A DALY team will prepare drainage plans and drainage calculations in the form of a letter report in accordance with City of Miami Beach standards. The drainage design will include the design of an onsite drainage pump station, and pressurized drainage wells. Notes, specifications, and relevant typical details will be provided on the plans. 36 Under this task, Langan will also coordinate with Manufactured Odorless Pumping Station (MOPS)for design of the pump station. We are proposing that the new drainage pump station be a MOPS station because of the compact space they occupy and the economical construction cost. MOPS will design the drainage pump station and we will coordinate with them to incorporate their plans into the civil engineering set of plans. MOPS will sign and seal the drainage pump station plans. We will coordinate with the team's electrical engineer for the power requirements of the pump station. Design of power conduits to the pump station shall be the responsibility of the electrical engineer. We will coordinate with the electrical engineer to show the alignment of these conduits to the pump station for utility conflict resolution purposes only. Note: This scope and fee is based on the design of a MOPS station. If the City decides not to proceed with a MOPS station, additional fees will apply and we will prepare a supplemental service proposal for your review and approval. Task C.2: Permitting The LEO A DALY team will process the drainage plans through the following agencies: • City of Miami Beach Public Works Department • DERM Water Control Section (for DERM Drainage Well Permit) • DERM PRS (for Drainage Well Plans Review) City of Miami Beach Public Works Department. The LEO A DALY team will address up to three (3) rounds of comments from the above-mentioned agencies. If further agency review comments are received, then additional scope of work and fees will apply. If required, prior to proceeding to respond to additional agency.review comments, we will provide a written supplemental scope of services for your review and written authorization unless you direct us to proceed immediately on a time spent basis. Note:All permit fees are to be paid directly by the Client. The LEO A DALY team does not guarantee the acquisition of permits because many factors are outside of our control. Task C.3: Construction Phase Services— Private Pump Station (Add Alternate) The LEO A DALY team will provide the following construction phase services for the construction of the proposed drainage improvements, private MOPS pump station, and the pressurized drainage well system: • Conduct up to six(6) site observations. • Attend up to two (2) 1-hour construction meetings (in-person or web meetings) as requested by the Client. 37 • Up to two (2) shop drawing reviews per submittal of the shop drawing for drainage improvements and pump station. • Review contractor as-built plans for sufficiency for the drainage improvements and drainage pump station'. • Address contractor requests for information (RFIs). • Attend one (1) drainage pump station start-up. _• Coordinate with MOPS for submittal of pump station operation and maintenance (O&M) manual. Task 4C:.Meetings The LEO A DALY team will attend up to four(4) project coordination meetings in-person or web meetings. These meetings may be with the project team, utilities or regulatory agencies. Excluded from this fee proposal: • Engineering design related to flood barriers would be provided by a specialty vendor • This proposal assumes that access to the site is not restricted for review of the site conditions and your authorization of our `proposal grants us access to the site. Any deviation from the scope of work outlined in this proposal due to issues that arise after meetings with the City of Miami Beach, Miami- Dade County DERM, or other Agencies Having Jurisdiction (AHJ)will be brought to your attention and a supplemental scope of service for your review and approval will be provided. • This proposal does not include, recording of easements, platting, surveying, traffic engineering, geotechnical engineering, traffic signal design, electrical engineering, structural design and design of a dewatering system, design of cisterns or retaining wall design, design of off-site utility improvements, design of water services, design of water main extensions, design of sanitary sewer laterals, design of sanitary sewer main extensions, design of fire protection water services, design of offsite roadway improvements, design of offsite roadway drainage, of grading design. • Contamination assessment and remediation as well as assessment and mitigation of natural resources is not included. • This proposal does not include performing percolation and double ring infiltrometer tests, this proposal does not include the preparation of a Reasonable Assurance Report(RAR). • This proposal assumes that permit submittals to the City of Miami Beach will be done by others. • The LEO A DALY team will submit plans, calculations, and RFI responses directly to the Client for submittal to the City of 38 Miami Beach. The LEO A DALY team will submit directly to Miami-Dade County DERM Water Control as needed for specialty drainage permits (i.e. Class II permit). • This proposal assumes that the LEO A DALY team will receive a dimensioned and annotated site plan (in CADD) ready to be engineered. • Attendance to public hearings is not included in this proposal. If required, we will prepare a scope and fee for your review and approval. • Specifications for the site/civil engineering components will be provided on the plans. • Preparation of a CSI specification book is not included in this proposal. • Preparation of record plans is not included in this proposal. IV. BASIC SERVICES A. SCHEMATIC DESIGN PHASE 1. Preparation of schematic design documents that will delineate the space programming and planning, circulation requirements, core building components and proposed phasing sequence of the project based on master planning and programming tasks. 2. One (1) 100% Schematic Design submission has been assumed for the Schematic Design Phase of the project. 3. Two (2) Schematic Design meetings/site visits with the City of Miami Beach and the end users have been anticipated. 4. The Design Team will provide one (1)full size and three (3) half size paper copy drawing sets of required submittal drawings. B. DESIGN DEVELOPMENT PHASE 1. The Design Development documents will consist of continued development of the Owner-approved Schematic Design Documents to establish the final scope, relationships, form, size and appearance of each element using: a. Life safety plans and Code analysis b. Floor plans and reflected ceiling plans c. Material selections 2. One (1) 100% Design Development submission for Owner review and comment has been assumed for the Design Development Phase of the project. 3. Three (3) Design Development meetings/site visits with the City of Miami Beach have been anticipated. 4. The Design Team will provide one (1)full size and three (3) half size paper copy drawing sets of required submittal drawings. 39 C. CONSTRUCTION DOCUMENT PHASE 1. The Construction Documents will consist of continued development of the Owner-approved Design Development Documents in preparation for bidding, permitting and construction of the project. 2. The Architect will produce a Construction Document submission for review and approval by the Owner for each of the following milestones: a. 50% Construction Documents b. 90% Construction Documents c. 100% Construction Documents 3. Upon Owner-approval of the 50% Construction Documents milestone, the Architect will produce a 90% Construction Document submission for review and approval by the Owner prior to finalizing the submission to the Building Department for permitting. This phase of the project will include the following: a. Prepare a full set of construction documents for the programmatic spaces and systems. Coordinate the set with other disciplines, including, but not limited to, mechanical, electrical, plumbing and fire protection. b. Construction Documents to include final dimensioned layout plan for the programmatic spaces with necessary construction details, partition types and schedules of sufficient detail to obtain a building permit. 4. Provide written specifications for the project at each of the following milestones: a. 50% Construction Documents b. 100% Construction Documents 5. Once Owner review comments are received based upon the 90% Construction Documents submittal, the Architect will incorporate the Owner provided comments into the construction documents and issue the 100% Construction Documents (Permit Set)for submission to the building department for permitting. 6. Eight(8) Construction Document meetings/site visits with the City of Miami Beach have been anticipated 40 V. PERMITTING SERVICES PHASE The Architect will be responsible for providing two (2) sets of signed and sealed Construction Documents to the Owner for submission to the Building Department for permitting. The permit application will be completed and submitted by the Owner. The Architect and Design Team will respond to the permitting official's comments and incorporate any required comments into the final construction document set. VI. BIDDING & NEGOTIATION PHASE The Owner's contracting format will be Competitive Bid. The Architect will assist the Owner in the Bidding and Negotiation Phase of the project as follows: 1. Provide the Owner selected Contractors access to the Construction Document electronic files 2. Attend one (1) Pre-Bid Meeting 3. Review and respond to bidding questions 4. Issue clarification sketches or drawings (if required) 5. Assist the City in evaluating the bids. The final decision related to selections is to be by the City. VII. CONSTRUCTION ADMINISTRATION PHASE The Architect shall visit the site bi-monthly to check and report to the Owner on the progress and general quality of the work and to determine, in general, if such work is proceeding according to the Construction Documents. The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work or for the acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Construction Documents. The Architect will review and approve, reject or take action on shop drawings, samples, RFIs and other submissions of the Contractor. Changes or substitutions to the construction documents will not be authorized without concurrence of the Owner's Project Manager and/or Field Representative. The Architect will report on the progress of the Work, including any deficiencies that may be observed in the Work. Subconsultants will not be 41 required to make extensive observations or provide continuous daily on-site observations to check the quality or quantity of the Work. VIII. ADDITIONAL TERMS AND CONDITIONS A. As follows: 1. As part of the master planning and programming tasks, the Architect will work closely with the Owner to identify and prioritize the needs of the End Users and verify the identified items versus the construction budget. If the listed items exceed the allotted budget, the Owner will determine if to seek additional funding or adjust the scope accordingly to fit within the available construction budget. The Architect shall be compensated accordingly if the Owner determines to increase the construction budget above and beyond the construction budget that is identified in this proposal. 2. Fire Protection Engineering— Design to consist of schematic plans and performance-based specifications. Final signed and sealed fire sprinkler drawings will be required from the Owner-selected Contractor as part of the shop drawing review process. 3. The BIM Model developed will meet AIA requirements for a Level 300 model. 4. All environmental remediation (including asbestos assessment reports) are to be completed by the City of Miami Beach. 5. The Owner will provide the Architect and Design Team with as-built record drawings in CAD format. B. The following services are not included in this proposal: 1. Surveying, Platting,Traffic Services. 2. Permitting fees, impact fees, environmental studies and construction testing. 3. Post-50% Construction Document value engineering document revisions. 4. Threshold Inspection Services 5. Structural and Civil Engineering Design Services 6. "Special Inspectors" required by law or code or desired by the Owner. C. The Architect shall be available to provide Additional Services in addition to the services previously outlined and beyond the scope of this Agreement when authorized by the Owner. 42 SCHEDULE A-1 CONSULTANT SERVICE ORDER FOR ADDITIONAL SERVICES Service Order No. for Additional Services. TO: PROJECT NAME: Project Name DATE: SCOPE OF ADDITIONAL SERVICES: Per attached proposal dated , to be considered part of this Agreement. Estimated calendar days to complete this work: Days Original Service Order Amount: $ Total From Previous Additional Service Orders: $ Fee for this Service Order is Lump Sum/Not to Exceed amount $ of: Total Agreement to Date: $ City's Project Date Coordinator/Manager Assistant Director Date Consultant. Date Project Administrator-Director Date 43 SAMPLE CONSULTANT COMPENSATION Schedule of Payments for Additional Services A. Tasks and deliverables as reflected on the Consultant Service Order(CSO): Task 1: $ Task 2: $ Task 3: $ B. Reimbursable Allowance (Not to Exceed): $ 44 45 SCHEDULE B CONSULTANT COMPENSATION Total Project Cost $ 1,083,387.00 Project Reimbursable Allowance Not to Exceed $ 13,961.00 Overall Contract Value $ 1,097,348.00 Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval, and what shall be at the City’s sole discretion, the Consultant agrees to extend said services for an amount to be negotiated and accepted by the City, per month, using a CSO for the duration required to complete the Project Note***: The Reimbursable Allowance belongs to the City and must be approved in writing, in advance, by the Project Administrator. Unused portions will not be paid to the Consultant. SCHEDULE B FEE SUMMARY LED A DALY Construction Cost Workdays $3,000,000.D3 370 Renovation Visits 118,396 a0� 46 IMPIP 111=- 1 MshBacture LEO DM v $423,916 $7,983 Code Analy0s/Ule Safety Consulting •ncluded Specifications ncluded Sustainability Documentation ncbded 2 Mechanical,electrical.numbing/rine protection TLC Engineering Solutions $209,083 Total LEO A CS AIX NE Basic Services 5633004 52,983 LEO A ALV/TLC Engineering 3 Mostar Planning Solutions $66,016 $1,128 Futilities Deficiencies Assessment.Evaluates all physical,Infrastructure and operational aspects of the exlsitlng facility floor by floor and department by department.Includes a high level soling and municipal code review. included LEAN process mapping to identify potential changes n workflow due to technological advances or organisational changes and eliminate wasteful processes hefone desHning ,ncluded Using rules of thumb metrics develop Departmental Stacking Precepts to identify the best possible flow by floor organisation and adjacencies. Included Protect Phasing tomm,mely disrupt service areas-Coordination of einpttyee placensent to be included under Master Planning Programming services:additionally,ro ba scheduled in phases and tobe very dear for contractors donne the remodeling phases. 046006 1 Mahn as VenBkbn Pigs aunts Provided d owL[OADALY $3,717 $74 To occur concurrently with Master Planning. Included City to provide information needed for this. Note:Consultant)L00 A DALY)shall be able rely on any A.Builts or reference documents provided toil by the Cent. LEO A DAL17TLC Englnaadng 5 Programming solutions $57,707 $1,030 Departmental User Group Meetings to gather and use the data collected to right size the areas and Identity factors Mal may impact user or staff sayeN. Included Architectural space Program and Opinion Of Probable Cost to densfy Aware footage by Departmental Gross SOuae Feet Songw.M costs assonated with the level of remodel from domestic to Got Remodel. included Scenario-based canting Ideation Season to rapidly produce multiple room layout options Included Protect Phasing to minimally disrupt service areas-Coordination of employee placement to be Included under Master Planning Programming services:additionally,to ba scheduled in phases aha to be very clear for contractors during lha remodeling phases. ncluded_ 0% 0% 6tidemuasha on Technology and w Voltage RCEeglneertng 541a40% $67,425 Voce Data Included Communisations Network Design included CATV,CCN Included Atceu Conrad/Security Included 1 i10arlorOWgn and Tondbn Plo0 g LEO DILLY $934134 $1,767 Any requirement for removal,Inventory or relocation of erdsOng equipment,such to be perfumed by owner. Excluded Ann asset tagging ormanagement,such to be performed lay owner Excluded Cdlaborabve User Group Meetings to propose and arrive at a consensus on the materials and color palknes for the protect Included Cdlaboradve UN"Group Meetings with FunnOure vendor.ro propose and arrive ata consensus.the best use of new fumltue for the Prole. ncluded Virtual Reality(VR)Workshop in which users are placed Into Me lD model using renal teallry.Our gaming engine allows the staff to lest the space virtually,manipulating equipment and furniture as they conduct•mock operations seeking opportunities to improve the dimensions and naw of the room. Included Indudes virtual reality lour for ab(61 spaceswithin the lcllity Therefore owner will not incur additional cost los Nouallzatiom. ncluded Leo A Daly to coordinate.but not procure Me furniture.Client to provide furdture standards le'.manufacturer and model.Leo A Daly to conrdnale color selection with interiors team. Included aligned*and Wayflnding fixpsadEGD a' $41,563 $742 Room identity and Agns for the entire ladBly(eaduas gartie) included g a0kng Range Spclaly LEO A DALY $16,800 $336 Evaluation and one.,narrative of existing conditwn and recamnerdtlons Is,improvement of eaistign location. Included Definition of scope,scale and physical parameters of a new replacement range of similar size. Deliverable:Floor Plan.Range Section and pertinent detail,sufficient for planning and preliminary cost estimation. Ddlyeabk'.Narrative of firing range systems,NVAC.training props.wall and ceding baffles and necessary components for the purposes of affirming range build out scope and budget. Note.Action Target-keep as teller only.not consultant. Excluded 10 Cost Cnnwhant The Souls Group $39,540 Assumes estimated tut for repair or replacement of kerns identified In VEA's Deffidendes Assessment Excluded The cost estimate effort is based on separate cost estimate that might he performed at different time for each drawing pad:aga.We will need 2 weeks to do Programming 3 weeks to do 50 and 4 weeks to do S0%CO.00%CO and 100%CD estimate after resemng all d5cnne. for project The IMependenl Cost Estimate(ICE)deliverable will include a Beals of Estimate,Major quantity Summary.Escalation Calculation and Estimate. Included Assumes estimated cost for new furniture to be provided by owner o furniture vendor Excluded 11itcoatln RM/01 $21.000 SD level Acoustics noise and vibration studies Included OD la detailed roomacoustics for two(2 spedllc spaces Included DD level Ductbome Noise Awesome[,Mechanical Roon Sound Isolation.Medlamcal Equipment Vibration Control included DD leve Partition performance ncluded an/rI 42 Flood Mfllgalon Aswamant 11lution,/I Ea A 0111- Task T.Assessment 5850 Total Supplemental Services $450,382 $5,928 Langan/TLCEP9leeerkr9 Flood MNyatbn:Dodge Allowance 9dutlana/1E0A DILLY • Add Alternates halo •• Alternate A:Drainage Pipe Improvements and Backflow Preential Devices(Garage Only) • Task A.1'.Drainage Design Included $36,100 $122 • Task A 2.Permitting Included $16,992 $340 Task A.3:Construction Phase Services ncluded $20,170 $604 • Task AA:Meetings 4cluded $4,246 $35 w Akansate 5:Pump Station to RPM Drainage(Garage OMyl 14568.1:Drainage coign ncwdea $53,100 51,062 Taskt.2.Permlting included $16,992 $340 Task 0.3:Construction Phase Services Included $30,2911 $616 Tule 0.4:Meetings Included $4,343 $85 Alternate C:Overall Site Design to Campy with latest Resolution Task Cl:Drainage Deign mduded 518,500 51,572 Tad:C.2:Permuting included $29,736 $595 Task G3:Construction Phase Services Included $31,110 $143 • Task CA:Meetings included $10,620 $212 SCHEDULE B-1 HOURLY BILLING RATE SCHEDULE The following standard billing rates are applicable for additional services and for designated basic services denoted within this Agreement. STANDARD HOURLY BILLING RATES Managing Principal $310.00 Project Manager $265.00 Senior Professional $230.00 Professional $180.00 Pre-Professional $150.00 Admin/Clerical $110.00 46 SCHEDULE C FEE TASK SCHEDULE °o o _ 4 0 0 __ ` E c U t U m Q U [m U I. o r 2m _ 1c .E_ - - `o_r E E: m E u E: v u B H°B ugi !A v 2 n g �° ae w :a. - � o ic x° .° ((.:L;(U° E W m 2 M O vi C • r w G c C _ � U LQJA DALY 3 Months 8 Months 3 Months 14 Months Construction Cost Workdays Workdays Workdays Workdays Workdays Workdays Workdays Workdays Workdays Workdays Workdays Workdays $8,000,000.00 25 25 23 60 40 7 27 13 5 25 25 294 Renovation Visits Visits Visits Visits Visits Visits Visits Visits Visits Visits Visits Volts 88,356 3 3 2 3 1 0 1 1 0 2 1 29 Basic Services 0.00% 0.00% 12.00% 24.00% "k - 6;.4.00% 2.00% .L. 1 Architecture LEO A DALY $0 $0 $50,870$101,740 $76,305 $8,478 $59,348 $16,957 $8,478 $4,239 $4,239 $93,262 2 Mechanical,Electrical,Plumbing/Fire Protection TLC Engineering Solutions $0 $0 $25,091 $50,181 $37,636 $4,182 $29,272 $8,364 $4,182 $2,091 $2,091 $45,999 Total LEO A DALY A/E Basic Services $0 $0 $75,961 $151,921$113,941 $12,660 $88,621 $25,320 $12,660 $6,330 $6,330$139,261 Supplemental Services LEO A DALY TLC Engineering 3 Masses Planning Solutions $65,984 $32 4'FrlafrmcallonolltsBIrt774Med 7Twner LEa TL L $3,717 Zearato rtrtz eerrg • 5 Programming Solutions $57,707 6.I7ormatron�TechnsTgy anrLLow VTage TIITEngTeerinS7uTroas- - • $8,091 $16,182 $12,137 $1,349 $9,440 $2,697 $1,349 $674 $674 $14,834 7 Int Zor De ro edrniture Pinning LADALY $11,260 $22,520 $16,890 $1,877 $13,137 $3,753 $1,877 $938 $938 $20,643 gsrgnaga aas�yl ayaing 7ocusedE.t� $4,988 $9,975 $7,481 $831 $5,819 $1,663 $831 $416 $416 $9,144 9'FIring irangni:Wrar LEO A DALY $6,000 $10,800 10 Cost Consultant The Bosch Group : :: $5,976 $15,936 5,976 $5,976 7,992 $1,992 $1,992 11�usMs RWDI .. 73,000 718,000 Langan/TLC Engineering 12 Flood Mitigation:Asssessment Solutions/LEO A DALY Task 1:Assessment Included $42,480 Total Supplemental Services $118,157 $73,643 $39,315 $83,453 $38,500 $4,056 $30,387 $10,137 $4,056 $2,028 $2,028 $44,621 TOTAL BASIC AND SUPPLEMENTAL SERVICES $118,157 $73,643$115,275 $235,374 $152,441 $16,717 $119,008 $35,457 $16,717 $8,358 $8,358 $183,882 Langan/TLC Engineering Flood Mitigation:Design Allowance Solutlons/LEO A DALY Add Alternates Tasks Alternate A:Drainage Pipe Improvements and Backflow Prevention Devices(Garage Only) Task A.1:Drainage Design Included $36,108 Task A.2:Permitting Included_ $16,992 Task A.3:Construction Phase Services Included $20,178 Task 6.4:Meetings Included $4,248 Alternate B:Pump Station to R/W Drainage(Garage Only) Task 9.1:Drainage Design Included $53,100 Task 8.2:Permitting Included_ $16,992 Task 9.3:Construction Phase Services Included $30,798 Task B.4:Meetings Included $4,248 Alternate C:Overall Site Design to Comply with Latest Resolution Task C.1'.Drainage Design Included $78,588 Task C.2:Permitting Included $29,736 Task C.3:Construction Phase Services Included $37,170 Task C.4'.Meetings Included $10,620 47 r SCHEDULE D CONSTRUCTION COST BUDGET The City's Construction Cost Budget is $8,000,000.00 48' ATTACHMENT A `RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM 49 RESOLUTION NO. 2019-30949. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS. NO. 2019-242-ND, FOR ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO THE MIAMI BEACH POLICE DEPARTMENT (MBPD) HEADQUARTERS, AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH LEO A. DALY COMPANY, AS THE TOP RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH LEO A. DALY COMPANY, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WOLFBERG/ALVAREZ AND PARTNERS, INC., AS THE SECOND RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH WOLFBERG/ALVAREZ AND PARTNERS, INC., AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH NETTA ARCHITECTS, LLC, AS THE THIRD RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on June 5, 2019, the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ) 2019-242-ND for Architectural and Design Services for Renovations to the Miami Beach Police Department'(MDPD)Headquarters; and WHEREAS, on June 7, 2019, the RFQ 2019-242-ND for Architectural and Design Services for Renovations to Miami Beach Police Department(MDPD) Headquarters (the"RFQ") was issued; and WHEREAS, a voluntary pre-proposal meeting was held on June 20, 2019; and WHEREAS, on July 22, 2019, the City received a total of 7 proposals; and WHEREAS, the Committee convened on August 13, 2019 to review and score the proposals; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ;and WHEREAS, the evaluation process resulted in the ranking of proposers as follows: Leo A. Daly Company, as the top ranked proposer; Wolfberg/Alvarez and Partners, Inc., as the second ranked proposer; Netta Architects, LLC, as the third ranked proposer; M.C. Harry & Associates, Inc., as the fourth ranked proposer; R.E. Chisholm Architects, Inc., as the fifth ranked proposer; Burton Hersh Architects, P.A., as the sixth ranked proposers; and Moss Architecture and Design Group, Inc., as the seventh ranked proposers; and WHEREAS, after reviewing all of the submissions and the Evaluation Committee's rankings and commentary, the. City Manager concurs with the Evaluation Committee and recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Leo A. Daly Company, the top ranked proposer; further, if the Administration is not successful in negotiating an agreement with Leo A. Daly Company, authorize the Administration to enter into negotiations with Wolfberg/Alvarez and Partners, Inc., as the second ranked proposer; further, if the Administration is not successful in negotiating an agreement with Wolfberg/Alvarez and Partners, Inc., authorize the Administration to enter into negotiations with Netta Architects,LLC, as the third ranked proposer. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request For Qualifications No. 2019-242-ND, for Architectural and Design Services for Renovations to the Miami Beach Police Department (MDPD) Headquarters, and authorize the Administration to enter into negotiations with Leo A. Daly Company, as the top ranked proposer; further, if the Administration is not successful in negotiating an agreement with Leo A. Daly Company, authorize the Administration to enter into negotiations with Wolfberg/Alvarez and Partners, Inc., as the second ranked proposer; further, if the Administrationisnot successful in negotiating an agreement with Wolfberg/Alvarez and Partners, Inc., authorize the Administration to enter into negotiations with the Netta Architects, LLC, as the third ranked proposer; and further authorize' the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this // day of '/4144er2019. ATTEST: �11tzI1\ RAFAE E. GRANADO, CITY CLERK DAN GELBER, MAYOR T:\Agenda12019109 September 111Procurement\RFQ 2019-242-ND MDPD renovations ��`.. lAPPROVED AS TO FORM&LANGUAGE 9 • &FOR MECUTION 7 .IIVCORP ORATED;' 0 V.'• \.G, =�'*- _ City Attorney iLly Date Resolutions-C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission • FROM: Jimmy L. Morales, City Manager DATE: September 11,2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2019-242-ND FOR ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO MIAMI BEACH POLICE DEPARTMENT (MBPD) HEADQUARTERS. RECOMMENDATION Adopt the Resolution accepting the City Manager's recommendation. ANALYSIS The Miami Beach Police Department(MBPD)serves a population of approximately 93,000 with a staff of approximately 400 sworn personnel in addition to approximately 150 unswom (or civilian)personnel. The Department hosts over 20 specialized units including and a Property& Evidence Unit, a Special Investigations Unit, a Police Training Unit and a firing range. The Department anticipates approximately 20%growth over the next two decades. Designed in 1984,the MBPD's current headquarters at 1100 Washington Avenue is a five story building of approximately 88,356 SF. The facility is operating well past its planned service life and can no longer accommodate additional growth.A comprehensive, station-wide renovation is needed in order to modernize all major building systems, increase the building's resiliency to hazardous flooding conditions and optimize the existing spaces to accommodate future growth for the Department. In November 2018, Miami Beach voters approved a ballot measure, which authorized the issuance of a general obligation bond (GO Bond)to renovate the City's Police Station.A total of $10,000,000 of general obligation bonds were issued•to fund the project. The building will need to be redesigned to serve as an Emergency Operations Center when needed. The redesign must be such that the Department can remain fully operational after a major storm event or natural disaster. It is not sufficient for the facility to remain standing; Police personnel must be able to effectively respond to the needs of the public after a major disaster. Accordingly, this is a critical facility and must be redesigned to meet the current day Page 343 of 2228 requirements for critical facilities per state and local guidelines. The purpose of this RFQ is to obtain qualifications from individuals,"firms, teams, or consultants, who demonstrate experience in projects of a similar type, size, and complexity to provide architectural and engineering services for the space planning and renovation of the MBPD headquarters building. The successful proposer shall provide pre-design, schematic design, design development, construction documentation, and construction administration services RFQ Process On June 5, 2019, the Mayor and City Commission authorized the issuance of Request for Qualifications (RFQ) 2019-242-ND for Architectural and Design Services for Renovations to Miami Beach Police Department(MDPD)Headquarters. Responses were due and received on July 22,2019.The City received a total of seven(7)proposals from the following firms: • Burton Hersh Architects, P.A. •Leo A. Daly Company • M.C.Harry&Associates, Inc. • Moss Architecture and Design Group Inc. • Netta Architects, LLC • R.E. Chisholm Architects, Inc. •Wolfberg/Alvarez and Partners, Inc. The Evaluation Committee appointed by the City Manager convened on August 13, 2019, to consider proposals received.The Committee was comprised of Richard Clements, Chief of Police, Police Department, City of Miami Beach; Jay Fink, Assistant Director, Public Works Department, City of Miami Beach; Francisco Garcia, Senior Facilities Capital Projects Coordinator, Property Management Department, City of Miami Beach; Ariel Guitian, Senior Projects Coordinator, Office of Capital Improvements, City of Miami Beach; and Flavia Tonioli, Environmental Resiliency Manger, Environment & Sustainability Department, City of Miami Beach. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of each proposal.The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated in Attachment A,in the following order. 1st--Leo A. Daly Company 2nd—Wolfberg/Alvarez and Partners, Inc. 3rd—Netta Architects, LLC 4th— M.C. Harry&Associates, Inc. 5th— R.E. Chisholm Architects, Inc. 6th— Burton Hersh Architects, P.A. 7th—Moss Architecture and Design Group, Inc. A summary of each top-ranked firm follows: Page 344 of 2228 Leo&Daly Compa y Founded in 1915, Leo A Daly Company (Leo A Daly) is an internationally-recognized, award- .,,; wirining'architecture, engineering, planning, interior design, and program management'frm. The firm is consistently ranked among the top design firms in the world. Among that, their diverse portfolio includes wortd-class projects in more than 91 countries, all 50 US states, and the District of Columbia. Leo A Daly has earned a legacy of innovation and commitment to client satisfaction,creating exceptional projects that enhance and enrich the human experience. Their service in projects include public safety expertise; comprehensive experience, project management, local knowledge, and client focused leadership. Wollberg/Alvarez and Partners, Inc. Wolfberg Alvarez and Partners, Inc (WA)was founded over 43 years ago, making them one of the Iongesfitenured design firms in Florida. WA's experience with the design of municipal/civic facilities is extensive, spanning the entire period of the firm's existence. In addition, WA has previous experience with the design and satisfactory completion of police stations and just last year completed a new satellitepolice station for the City of Doral and provided engineering services for the new City of Miramar Police Facility. Previously completed police facility projects include the City of Hialeah Police Administration Building, City of Doral Police Facility, City of Miami Lakes Police Department,and City of Cutler Bay Police Department. Netta Architects,LLC Netta Architects, LLC (Netta) was established in 1995, and is a full service architectural, planning and interior design firm located in Boca Raton, Florida. Netta has a seasoned professional staff of architects, planners, and interior designers, that provide building design services for projects ranging from complex multi-use municipal facilities, to support of public agency and education clients on ongoing facility renovations and upgrades, as well as highly intricate healthcare facilities. Their firm also has LEED accredited professionals and is certified by the Historic Preservation Offices in the states of NJ and NY, enabling them to address project criteria, grants, approval and certification to meet sustainable design goals and historic restoration/preservation mandates. . CONCLUSION After reviewing all of the submissions and the Evaluation Committee's rankings and commentary, I concur with the Evaluation Committee and find Leo A. Daly Company to be the best qualified firm for the project. Leo A. Daly Company is a Targe firm with a national presence that has a robust portfolio of public safety projects both locally and nationally. It has completed various LEED certified projects including the completion of a LEED Gold public safety building in the City of Davie. Its approach and methodology is thorough and focused mainly on the interaction and feedback from the community and the Police Department in the preplanning stages, in order to avoid changes as the project progresses. Finally, it designs flexible environments that allow the facility to adapt to changes in technology, staffing needs, regulations,and functionality. For the reasons stated herein, I recommend that the Mayor and City Commission approve the resolution authorizing the Administration to enter into negotiations with Leo A. Daly Company, as the top'ranked proposer, further, if the administration is not successful in negotiating an agreement with Leo A. Daly Company, authorizing the administration to enter into negotiations with Wolfberg/Alvarez and Partners, Inc., as the second ranked proposer, further, if the Page 345 of 2228 administration is not successful in negotiating an agreement with Wolfberg/Alvarez and Partners, Inc., authorizing the administration to enter into negotiations with the Netta Architects, LLC, as the third ranked proposer=, and further authorizing the Mayor and City dirk to execute an agreement upon conclusion of successful negotiations by the Administration. KEY INTENDED OUTCOMES SUPPORTED - Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATIQN The costs of the related services are subject to funds availability approved through the City's budgeting process. Grant funding will not be utilized for this project. Legislative Tracking Property Management/Procurement ATTACHMENTS: Description ❑ Attachment A _ ❑ Resolution Page 346 of 2228 • • OR 2019.24241D Ardiltectund ind Design Sena= 1 tor Renovations to!Rini Beath fitchanl Chow= Jay Knit 1 Ft50515o0 Gaels Mal MAIN Ravla Tonkel .1'; Lovj 1:1 Aggregate Poll cv Dept:trod(M13PD) g ig 1 a.,.... Tolula Fl9860111Beftl Mantels. Quantitative Subtotal QUallIttive_ Quantitative Subtotal Quintana. QuantltatIve Subtoul Qualltatbre Quantitative Subtotal glutton Quantltatira Bubtotal 11449!).,19.71.3181Eh-51.11,1 P•A• 93 5 131/ 6 55 5 50 5 __78 5 83 7 45 : 50 6 BO _5 o 3ts• 1] I.eo A.Dalteaurmarn. 100 5 105 1 118 5 93 2 100 5 105 1_ 92 rs 2 ._gg 5... kg.....T.I. ',- 9 lii.C.Ilea.6 Associates,Lte. 96 3 89 4 BB 3 59 4 88 • 101 5 92 3 83 4 20 1.4ja_slt AptIlog ore an5.195Aian Gmyp,_ 89 5 84 7 60 . 5 93 ' 6 55 7 94 _pp. 1 100 gi ei 45 : 50 6795 __ 75 ._5.i. ._31_ la 91 4 91 -Nana Arctilladra,-1...it . . VI 15(46i2 6 55 : R.E.ChIsholm'Arcaects,Inc. BB 5 6 BO 5 97 102 _4 68 5 73 5 70 5 75 5.•" 25 5 ViNlibertalvarez and Punnets.Inc103 2 86 6 91 3 99 5 104 3 94 5 89 1 94 5 __ k_9____La:" 10. _ .2 17-7,"!f".-'1-74.7P:•74.5..-•, .•.;"S-...i.:F-Za-6r-...'F?".•":-......t.'ealligraliallt-7;:':':-:;';'.'•••" ','.`-.87,...'1,:'...;:::"..:7:;:i7ii.-::':-.1: VOA*04 M. Totalf0.61000.0 11.05001. V.v.Weans Pokt• Veartf•Patfa "Ads%soli) --1- 0kottn4NAlfil.a.PA ..-1 0 ENDA 13.1,ConVem 7 • 0 0 a 1411S1_gt• 6•020110.ix I MGM, 3 o a . . hies.hartad.ard0=10,...0,Irg I 0 a stiueofess,oc I . s 0 s pea a a 6 FOR DISPLAY PURPOSES ONLY.FINAL RANKING DOES NOT CONSTITUTE AN AWARD RECOMMENDA71011. • • ' • $ .. • . • t Page 347 of 2228 ,.. . . . . ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) 50 REQUEST FOR QUALIFICATIONS ( RFQ) ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO MIAMI BEACH POLICE DEPARTMENT (MBPD) HEADQUARTERS RFQ 2019-242-ND RFQ ISSUANCE DATE: JUNE 7, 2019 PROPOSALS DUE: JULY 22, 2019 @ 3:00 PM ISSUED BY: MIAMIBEACH NATALIA DELGADO, Procurement Contracting Officer I PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3RD Floor, Miami Beach, FL 33139 305.673.7000 X 62631 nataliadelgado@miamibeachfl.gov I www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 INSTRUCTIONS TO RESPONDENTS 3 0200 GENERAL CONDITIONS 7 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 10 0400 PROPOSAL EVALUATION 13 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATION AND QUESTIONNAIRE 14 APPENDIX B "NO BID" FORM 19 APPENDIX C SPECIFICATIONS 21 APPENDIX D SAMPLE CONTRACT 23 RFQ 2019-242-ND 2 MIAMI BEACH SECTION 0100 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the"City"), as the means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein. Prospective Proposers that have obtained this solicitation in any manner other than via PublicPurchase (www.publicpurchase.com) are advised that the City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any Prospective Proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The Miami Beach Police Department(MBPD)serves a population of approximately 93,000 with a staff of approximately 400 sworn personnel in addition to approximately 150 unsworn (or civilian) personnel. The Department hosts over 20 specialized units including and a Property& Evidence Unit, a Special Investigations Unit, a Police Training Unit and a firing range. The Department anticipates approximately 20% growth over the next two decades. Designed in 1984, the MBPD's current headquarters at 1100 Washington Avenue is a five story building of approximately 88,356 SF. The facility is operating well past its planned service life and can no longer accommodate additional growth. A comprehensive, station-wide renovation is needed in order to modernize all major building systems, increase the building's resiliency to hazardous flooding conditions and optimize the existing spaces to accommodate future growth for the Department. In November 2018, Miami Beach voters approved a ballot measure, which authorized the issuance of a general obligation bond (GO Bond) to renovate the City's Police Station. A total of$10,000,000 of general obligation bonds were issued to fund the project. The purpose of this RFQ is to obtain qualifications from individuals, firms, teams, or consultants, who demonstrate experience in projects of a similar type, size, and complexity to provide architectural and engineering services for the space planning and renovation of the MBPD headquarters building. The successful proposer shall provide pre- design, schematic design, design development, construction documentation, and construction administration services. THIS RFQ, AND ANY RESULTING CONTRACT, IS ISSUED AND GOVERNED BY SECTION 287.055, FLORIDA STATUTES Balance pf Page Intentionally Left Blank RFQ 2019-242-ND 3 MIAMI BEACH 3.ANTICIPATED RFQ TIMETABLE.The tentative schedule for this solicitation is as follows: RFQ Issued June 7,2019 Pre-Proposal Meeting June 20,2019 at 1:00 p.m. ET Deadline for Receipt of Questions July 1,2019 at 5:00 p.m. ET Responses Due July 22,2019 at 3:00 p.m. ET Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Natalia Delgado 305-673-7490 nataliadel•ado• miamibeachfl.•ov Additionally, the City Clerk is to be co•ied on all communications via e-mail at: RafaelGranado• miamibeachfl.•ov; or via facsimile: 786-394-4188. The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. • 5. PRE-PROPOSAL MEETING OR SITE VISIT(S).Only if deemed necessary by the City,a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department • Conference Room 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. RFQ 2019-242-ND 4 MIAMI BEACH 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with Public Purchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely • responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaeloranadona miamibeachfl.gov 8. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability(including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). 9. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 10.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374,the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount(or in this RFQ, the highest proposal amount). 11. DETERMINATION OF AWARD: The final ranking results of Phase II evaluation process will be considered by the City Manager who may recommend to the City Commission the Proposer(s)s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2- 369, including the following considerations: (1)The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified,without delay or interference. (3)The character, integrity, reputation,judgment,experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. RFQ 2019-242-ND 5 MIAMI BEACH The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City,or it may also reject all Proposals. 12. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. Balance of Page Intentionally Left Blank RFQ 2019-242-ND 6 MIAMI BEACH SECTION 0200 GENERAL CONDITIONS • 1.GENERAL DISCLAIMERS. a.The solicitation referenced herein is being furnished to the recipient by the 5.COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. City of Miami Beach(the"City")for the recipient's convenience.Any action This RFQ is subject to,and all Proposers are expected to be or become familiar taken by the City in response to Proposals made pursuant to this solicitation, with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 or in making any award,or in failing or refusing to make any award pursuant through 2-490 of the City Code. Proposers shall be solely responsible for to such Proposals,or in cancelling awards,or in withdrawing or cancelling ensuring that all applicable provisions of the City's Campaign Finance Reform this solicitation,either before or after issuance of an award,shall be without laws are complied with, and shall be subject to any and all sanctions, as any liability or obligation on the part of the City.In its sole discretion,the City prescribed therein,including disqualification of their responses,in the event of may withdraw the solicitation either before or after receiving proposals,may such non-compliance. accept or reject proposals,and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole 6.CODE OF BUSINESS ETHICS.Pursuant to City Resolution No.2000-37379, discretion,the City may determine the qualifications and acceptability of any the Proposer shall adopt a Code of Business Ethics("Code")and submit that party or parties submitting Proposals in response to this solicitation. Code to the Procurement Division with its response or within five(5)days upon receipt of request.The Code shall, at a minimum, require the Proposer, to b.The information contained herein is provided solely for the convenience of comply with all applicable governmental rules and regulations including,among prospective Proposers.It is the responsibility of the recipient to assure itself others,the conflict of interest,lobbying and ethics provision of the City of Miami that information contained herein is accurate and complete.The City does Beach and Miami Dade County. not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted 7. AMERICANS WITH DISABILITIES ACT (ADAI. Call 305-673-7490 to communications with City officials, shall be at the recipient's own risk. request material in accessible format;sign language interpreters(five(5)days Proposers should rely exclusively on their own investigations,interpretations, in advance when possible), or information on access for persons with and analyses. The solicitation is being provided by the City without any disabilities. For more information on ADA compliance, please call the Public warranty or representation,express or implied,as to its content,its accuracy, Works Department,at 305-673-7000,Extension 2984. or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected 8.POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS.The for consideration,negotiation,or approval. City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3)calendar days written c. Proposers are hereby advised that this solicitation is subject to the notice of any such postponement to all prospective Proposers through following ordinanceslresolutions,which may be found on the City Of Miami PublicPurchase. Beach website: • http://web.miamibeachfl.qov/procuremenUscroll.aspx?id=79113 9. PROTESTS. Proposers that are not selected may protest any •CONE OF SILENCE—SECTION 2-486 recommendation for selection of award in accordance with the proceedings •PROTEST PROCEDURES—CODE SECTION 2-371 established pursuant to the City's bid protest procedures, as codified in • •DEBARMENT PROCEEDINGS—SECTIONS 2-397 THROUGH 2-485.3 Sections 2-370 and 2-371 of the City Code(the City's Bid Protest Ordinance). -LOBBYIST REGISTRATION AND DISCLOSURE OF FEES—SECTIONS 2- Protest not timely made pursuant to the requirements of the City's Bid Protest 481 THROUGH 2-406 Ordinance shall be barred. •CAMPAIGN CONTRIBUTIONS BY VENDORS—SECTION 2-487 •CAMPAIGN CONTRIBUTIONS —SECTION 2-488 10.JOINT VENTURES I SINGLE PURPOSE ENTITY. Joint Ventures are not allowed.Proposals shall be submitted only by the prime contractor.Proposals -FALSE CLAIMS ORDINANCE—SECTION 70-300 may, however, identify other sub-contractors or sub-consultants to the prime •ACCEPTANCE OF GIFTS,FAVORS&SERVICES—SECTION 2-449 Proposer who may serve as team members. 2.PUBLIC ENTITY CRIME.A person or affiliate who has been placed on the 11.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City convicted vendor list following a conviction for public entity crimes may not Code Section 2-374, the City shall give a preference to a responsive and submit a proposal on a contract to provide any goods or services to a public responsible Proposer which is a small business concern owned and controlled entity, may not submit a proposal on a contract with a public entity for the by a veteran(s)or which is a service-disabled veteran business enterprise,and construction or repair of a public building or public work, may not submit a which is within five percent (5%) of the lowest responsive, responsible proposal on leases of real property to public entity, may not be awarded or proposer,by providing such proposer an opportunity of providing said goods or perform work as a contractor, supplier, sub-contractor, or consultant under a contractual services for the lowest responsive proposal amount(or in this RFQ, contract with a public entity, and may,not transact business with any public the highest proposal amount). Whenever, as a result of theforegoing entity in excess of the threshold amount provided in Sec. 287.017, for preference,the adjusted prices of two(2)or more proposers which are a small CATEGORY TWO for a period of 36 months from the date of being placed on business concern owned and controlled by a veteran(s)or a service-disabled the convicted vendor list. veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are responsive, 3.COMPLIANCE WITH THE CITY'S LOBBYIST LAWS.This RFQ is subject responsible and otherwise equal with respect to quality and service,then the. to, and all Proposers are expected to be or become familiar with, all City award shall be made to the service-disabled veteran business enterprise. lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with,and shall be subject to any and all sanctions, . 12.AGREEMENT BY PROPOSERS.Any individual that submits a proposal in as prescribed therein, including, without limitation, disqualification of their response to this solicitation agrees to the following: responses,in the event of such non-compliance. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award 4.DEBARMENT ORDINANCE:This RFQ is subject to,and all proposers are pursuant to such Proposals, or in cancelling awards, or in withdrawing or expected to be or become familiar with,the City's Debarment Ordinance as cancelling this solicitation,either before or after issuance of an award,shall be codified in Sections 2-397 through 2-406 of the City Code. without any liability or obligation on the part of the City. 7 RFQ 2019-242-N D MIAMI BEACH approved,may result in a claim for damages by the City,and may be grounds The City.may,at its sole and absolute discretion,reject any and all,or parts of for removing the Proposer from the City's vendor list. 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 22.MANNER OF PERFORMANCE.Proposer agrees to perform its duties and received as a result of this RFQ. obligations in a professional manner and in accordance with all applicable Local,State,County,and Federal laws,rules,regulations and codes.Lack of Reasonable efforts will be made to either award the proposer the contract or knowledge or ignorance by the Proposer with/of applicable laws will in no way reject all proposals within one-hundred twenty (120) calendar days after be a cause for relief from responsibility. Proposer agrees that the work and proposal opening date.In accordance with Section 47 below,a Proposer may services provided shall be provided by employees that are educated,trained, withdraw its proposal after expiration of one hundred twenty (120) calendar experienced, certified, and licensed in all areas encompassed within their days from the date of proposal opening, by delivering written notice of designated duties. Proposer agrees to furnish to the City any and all • withdrawal to the Procurement Department. documentation, certification, authorization, license, permit, or registration • currently required by applicable laws,rules,and regulations. Proposer further 13. COSTS INCURRED BY PROPOSERS. All expenses involved with the certifies that it and its employees will keep all licenses, permits, registrations, preparation and submission of Proposals,or any work performed in connection authorizations,or certifications required by applicable laws or regulations in full therewith, shall be the sole responsibility(and shall be at the sole cost and force and effect during the term of this contract. Failure of Proposer to comply expense)of the Proposer,and shall not be reimbursed by the City. with this paragraph shall constitute a material breach of this contract. 14.RELATIONSHIP TO THE CITY.It is the intent of the City,and Proposers Where Proposer is required to enter or go on to City of Miami Beach property to hereby acknowledge and agree,that the successful Proposer is considered to deliver materials or perform work or services as a result of any contract be an independent contractor,and that neither the Proposer,nor the Proposer's resulting from this solicitation,the Proposer will assume the full duty,obligation employees, agents, and/or contractors, shall, under any circumstances, be and expense of obtaining all necessary licenses, permits, and insurance,and considered employees or agents of the City. assure all work complies with all applicable laws.The Proposer shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, 15. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter or its officers,employees,contractors,and/or agents,for failure to comply with 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the applicable laws. • Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained 23.SPECIAL CONDITIONS.Any and all Special Conditions that may vary from from the manufacturer. these General Terms and Conditions shall have precedence. 16. ENVIRONMENTAL REGULATIONS. The City reserves the right to 24.NON-DISCRIMINATION.The Proposer certifies that it is in compliance with consider a Proposer's history of citations and/or violations of environmental the non-discrimination clause contained in Section 202,Executive Order 11246, regulations in investigating a Proposer's responsibility,and further reserves the as amended by Executive Order 11375, relative to equal employment right to declare a Proposer not responsible if the history of violations warrants opportunity for all persons without regard to race,color,religion,sex or national such determination in the opinion of the City. Proposer shall submit with its origin. In accordance with the City's Human Rights Ordinance, codified in proposal, a complete history of all citations and/or violations, notices and Chapter 62 of the City Code,Proposer shall prohibit discrimination by reason of dispositions thereof.The non-submission of any such documentation shall be race,color, national origin, religion,sex,intersexuality,gender identity,sexual deemed to be an affirmation by the Proposer that there are no citations or orientation,disability,marital and familial status,age,ancestry,height,weight, violations.Proposer shall notify the City immediately of notice of any citation or domestic partner status,labor organization membership,familial situation,and violation which proposer may receive after the proposal opening date and political affiliation. during the time of performance of any contract awarded to it. 25. DEMONSTRATION OF COMPETENCY. The City may consider any 17.TAXES.The City of Miami Beach is exempt from all Federal Excise and evidence available regarding the financial, technical, and other qualifications State taxes. and abilities of a Proposer,including past performance(experience)in making an award that is in the best interest of the City,including: 18. MISTAKES. Proposers are expected to examine the terms, conditions, A. Pre-award inspection of the Proposer's facility may be made prior to the specifications, delivery schedules, proposed pricing, and all instructions award of contract. pertaining to the goods and services relative to this RFQ. Failure to do so will B. Proposals will only be considered from firms which are regularly engaged be at the Proposer's risk and may result in the Proposal being non-responsive. in the business of providing the goods and/or services as described in this solicitation. 19.PAYMENT.Payment will be made by the City after the goods or services C. Proposers must be able to demonstrate a good record of performance for have been received, inspected, and found to comply with contract, a reasonable period of time, and have sufficient financial capacity, specifications,free of damage or defect, and are properly invoiced. Invoices equipment,and organization to ensure that they can satisfactorily perform must be consistent with Purchase Order format. the services if awarded a contract under the terms and conditions of this solicitation. 20. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and D. The terms "equipment and organization", as used herein shall, be save harmless the City of Miami Beach, Florida, and its officers, employees, construed to mean a fully-equipped and well-established company in line contractors, and/or agents, from liability of any nature or kind, including cost with the best business practices in the industry,and as determined by the and expenses for,or on account of,any copyrighted,patented,or unpatented City. invention,process, or article manufactured or used in the performance of the E. The City may consider any evidence available regarding the financial, contract,including its use by the City of Miami Beach,Florida. If the Proposer technical, and other qualifications and abilities of a Proposer, including uses any design,device or materials covered by letters,patent,or copyright,it past performance (experience), in making an award that is in the best is mutually understood and agreed,without exception,that the proposal prices interest of the City. shall include all royalties or cost arising from the use of such design,device,or F. The City may require Proposer to show proof that it has been designated materials in any way involved in the work. as authorized representatives of a manufacturer or supplier,which is the actual source of supply. In these instances, the City may also require 21. DEFAULT. Failure or refusal of the successful Proposer to execute a material information from the source of supply regarding the quality, contract following approval of such contract by the City Commission, or packaging,and characteristics of the products to be supply to the City. untimely withdrawal of a proposal response before such award is made and 8 RFQ 2019-242-ND MIAMI BEACH 26.ASSIGNMENT.The successful Proposer shall not assign,transfer,convey, sublet or otherwise dispose of the contract,including any or all of its right,title 33.OBSERVANCE OF LAWS.Proposers are expected to be familiar with,and or interest therein, or his/her or its power to execute such contract, to any comply with,all Federal,State, person,company or corporation,without the prior written consent of the City. County,and City laws,ordinances,codes,rules and regulations,and all orders and decrees of bodies or tribunals having jurisdiction or authority which,in any 27. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and manner, may affect the scope of services and/or project contemplated by this pay for all licenses,permits,and inspection fees required to complete the work RFQ(including,without limitation,the Americans with Disabilities Act,Title VII and shall comply with all applicable laws. of the Civil Rights Act,the EEOC Uniform Guidelines,and all EEO regulations and guidelines).Ignorance of the law(s)on the part of the Proposer will in no 28. OPTIONAL CONTRACT USAGE. When the successful Proposer is in way relieve it from responsibility for compliance. agreement,other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of 34.CONFLICT OF INTEREST.All Proposers must disclose,in their Proposal, government or non-profit agency. the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami 29.VOLUME OF WORK.To the extent applicable,it is the intent of the City to Beach. Further,all Proposers must disclose the name of any City employee purchase the goods and services specifically listed in this solicitation. However, who owns,either directly or indirectly,an interest of ten(10%)percent or more the City reserves the right to purchase any goods or services awarded from in the Proposer entity or any of its affiliates. State or other governmental contracts,or on an as-needed basis through the City's spot market purchase provisions. 35. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously 30.DISPUTES.In the event of a conflict between the documents,the order of submitted Proposal up until the Proposal due date and time. Modifications priority of the documents shall be as follows: received after the Proposal due date and time will not be considered.Proposals A. Any contract or agreement resulting from the award of this solicitation; shall be irrevocable until contract award unless withdrawn in writing prior to the. then Proposal due date,or after expiration of 120 calendar days from the opening of B. Addendum issued for this solicitation,with the latest Addendum taking Proposals without a contract award: Letters of withdrawal received after the precedence;then Proposal due date and before said expiration date, and letters of withdrawal C. The solicitation;then received after contract award will not be considered. D. The Proposer's proposal in response to the solicitation. 36.EXCEPTIONS TO RFQ.Proposers must clearly indicate any exceptions 31.INDEMNIFICATION.The Proposer shall indemnify and hold harmless the they wish to take to any of the terms in this RFQ,and outline what,if any, City and its officers,employees,agents and instrumentalities from any and all alternative is being offered. All exceptions and alternatives shall be liability, losses or damages, including attorney's fees and costs of defense, included and clearly delineated,in writing,in the Proposal. The City,at its which the City or its officers,employees,agents or instrumentalities may incur sole and absolute discretion,may accept or reject any or all exceptions as a result of claims,demands,suits,causes of actions or proceedings of any and alternatives. In cases in which exceptions and alternatives are kind or nature arising out of,relating to or resulting from the performance of the rejected,the City shall require the Proposer to comply with the particular agreement by the Proposer or its employees, agents, servants, partners, term and/or condition of the RFQ to which Proposer took exception to(as principals or subcontractors. The Proposer shall pay all claims and losses in said term and/or condition was originally set forth in the RFQ and any connection therewith, and shall investigate and defend all claims, suits or exhibits or Addenda thereto)., actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and 37. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not attorney's fees which may be incurred thereon. The Proposer expressly offer any gratuities, favors, or anything of monetary value to any official, understands and agrees that any insurance protection required by any employee,or agent of the City,for the purpose of influencing consideration of agreement with the City or otherwise provided by the Proposer shall in no way this Proposal. Pursuant to Sec.2-449 of the City Code,no officer or employee limit the responsibility to indemnify, keep and save harmless and defend the of the City shall accept any gift, favor or service that might reasonably tend City or its officers,employees,agents and instrumentalities as herein provided. improperly to influence him in the discharge of his official duties. The above indemnification provisions shall survive the expiration or termination of this Agreement. 38. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ 32.FLORIDA PUBLIC RECORDS LAW.Proposers are hereby notified that all solicitation process,unless otherwise noted herein. Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes,and s.24(a),Art.1 of Balance of Page Intentionally Left Blank the State Constitution until such time as the City provides notice of an intended decision.or until thirty(30)days after opening of the proposals,whichever is earlier. Additionally, Proposer agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;(c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;(d)Meet all requirements for retaining public records and transfer, at no cost,to the public agency all public records in possession of the Proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public,records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 9 RFQ 2019-242-ND SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile,are not acceptable and will be rejected. 2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein for the receipt of Proposals.Any Proposal received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. NON-RESPONSIVENESS. Failure to comply with the following requirements shall result in a determination of non-responsiveness. Non-responsive proposals will not be considered. 1. Failure to submit a signed copy of Appendix A. 4. OMITTED OR ADDITIONAL INFORMATION. With exception of the Proposal Certification Form (Appendix A-1)and the Cost/Revenue Proposal, if applicable,the City reserves the right to seek any omitted information/documentation or any additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non- responsive. 5. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. TAB 1 Cover Letter&Minimum Qualification Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. The table of contents should indicate the tabs,sections with tabs and page numbers to facilitate the evaluation committee's review. 1.2 Proposal Certification Form (Appendix A-1). Failure to submit the Proposal Certification Form with the Proposal shall result in Proposal being deemed non-responsive. 1.3 Questionnaire&Requirements Affidavit(Appendix A-2). RFQ 2019-242-ND 10 ( TAB 2 Experience&Qualifications of Proposing Firm 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the relevant experience and proven track record of the firm and/or its principals in providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies, with emphasis on the following areas of expertise: • architectural and engineering services for the design of police station or law enforcement facility in the last ten (10)years; • Leadership in Energy and Environmental Design (LEED) certified projects in the last ten (10)years; For each project that the Proposer submits as evidence of similar experience for the firm and/or any principal, the following information is to be included: project description, proposer's role in the project(with specificity); agency name, agency contact, contact telephone & email, and year(s) and term of engagement. TAB 3 Experience&Qualifications Proposer's Team 3.1 Qualifications of Proposer Team. Provide an organizational chart of all the prime proposer's personnel, each team members' qualifications and the role that each team member will play in providing the services detailed herein. A resume of each individual, including education, licensure, relevant experience, and any other pertinent information, shall be included for each respondent team member to be assigned to this contract with emphasis on the following areas of expertise: • architectural and engineering services for the design of police station or law enforcement facility in the last ten (10)years; • Leadership in Energy and Environmental Design (LEED) certified projects in the last ten (10)years; • design and engineering of firing ranges. For each project submitted as evidence of experience for the team members,the following information is to be included: project description, proposer's role in the project (with specificity); agency name, agency contact, contact telephone&email,and year(s)and term of engagement. 3.2 Project/Account Manager. Submit the name of the project/account manager that shall be the primary representative to the City. Include a resume of the project/account manager, including education, licensure, relevant experience, and any other pertinent information, and why the proposer believes this individual is best suited to serve as project/account manager for this engagement. RFQ 2019-242-ND 11 TAB 4 Approach and Methodology 1. Submit detailed information on the approach and methodology that the Proposer and its team has utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which addresses, but need not be limited to, its approach and methodology to the following areas of work: • completing a formal space needs analysis, • developing a preliminary construction cost estimate, • preparing presentation graphics (photorealistic renderings and/or 3D walk-throughs) of proposed design, • addressing functionality and air quality issues regarding firing ranges, • preparing schematic design drawing(s), • preparing design development drawings with an updated construction cost estimate • delivering construction documents for permitting with an updated construction cost estimate,and • providing construction administration services through final payment and project closeout. 2. Submit the firm's approach to incorporating a diverse pool of qualified personnel and sub-consultants that will be engaged for the project. 3. Submit the firm's approach to assuring quality and cost control for the project. TAB 5 ontract xce s tions I : ' ` •A ' Provide redline comments to the attached standard agreement (Appendix D). Proposers must clearly indicate any exceptions they wish to take to any of the terms, and what, if any, alternative proposed revisions are being offered. All exceptions and alternatives shall be included and clearly delineated by redlining the City's form agreement in this tab. City reserves the right to reject any proposed exceptions and/or revisions at its sole and absolute discretion. RFQ 2019-242-ND 12 SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. City staff will assign points for the quantitative criteria. It is important to note that the Evaluation Committee is advisory only and - does not make an award recommendation to the City Manager or the City Commission. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. a. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. b. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Qualitative Criteria. Responsive proposals shall be evaluated in accordance with the following criteria. Step 1 -Qualitative Criteria Maximum Points Prime Proposer's Experience and Qualifications 50 Proposing Team Experience and Qualifications 30 Approach and Methodology 20 TOTAL AVAILABLE STEP 1 POINTS 100 3. Quantitative Criteria. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Proposers may receive additional,to be added by City staff, as follows. Step 2-Quantitative Criteria Maximum Points Veterans Preference 5 Prime Proposer Volume of Work(0-5 Points).Points awarded to the proposer for volume of work awarded by the City in the last three (3) years in accordance with the following table: Less than$250,000 5 5 $250,000.01—$2,000,000 3 Greater than$2,000,000 0 TOTAL AVAILABLE STEP 2 POINTS 10 4. Determination of Final Ranking. The sum of qualitative and quantitative scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C • Ste. 1 Points 82 , 76 80 'Committee Ste.2 Points 22 15 12 Member 1 Total 104 91 92 Rank 1 3 2 Ste. 1 Points 79 85 72 Committee Ste.2 Points 22 15 12 Member 2 . Total 101 100 84 Rank 1 - . 2 3 Ste. 1 Points 80 74 66 Committee Ste.2 Points 22 15 12 Member 2 Total 102 89 78 Rank 1 F 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 RFQ 2019-242-ND 13 APPENDIX A MIAMIBEACH Proposal' Certification and Questionnaire & Requirements Affidavit RFQ No. 2019-242-ND ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO MIAMI BEACH POLICE DEPARTMENT (MBPD) HEADQUARTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2019-242-ND 14 • APPENDIX Al -PROPOSAL CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and executed. FAILURE TO SUBMIT THE PROPOSAL CERTIFICATION FORM WITH ITS PROPOSAL SHALL RESULT IN THE PROPOSAL BEING DEEMED NON-RESPONSIVE. Solicitation No: Solicitation Title: RFQ 2019-242-ND Architectural and Design Services for Renovations to Miami Beach Police Department (MBPD) Headquarters Procurement Contact: Tel: Email: Natalia Delgado 305-673-7000,Ext.6263 nataliadelgado@miamibeachfl.gov PROPOSER'S NAME: NO.OF YEARS IN BUSINESS: NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: Except as stipulated in General Condition 36, Proposer agrees: to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all specifications, attachments,exhibits and appendices and the contents of any Addenda released hereto;to be bound, at a minimum,to any and all specifications,terms and conditions contained herein or Addenda; that the Proposer has not divulged, discussed,or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal;that proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; that all responses,data and information contained in the proposal are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: 15 RFQ 2019-242-ND APPENDIX A2-QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT FORM The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements,and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated.Attach any requested information. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer, director, agent, or immediate family member(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent,sibling, and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall attach at least three(3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by anpublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office.of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics.Pursuant to City 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 Department with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall attach its Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics, available at htto://www.miamibeachfl.00v/city-hall/Drocurement/Drocurement-related-ordinance-and-procedures/ 16 RFQ 2019-242-ND • •7 0 • YES PFePesa} 8. _ -• •• - • 1111* •• • -• •• •• •• - ••• _ •••_ •••• • _• -- ••• - - • 1 .. .. - - ... _ - -- - - - - 1111 .. -- •- - __ - _• • •- • . .... . . .. . -•• - - -- 1111. - - - - •• - YES N9 .. .. •••. rdemeotie rtn paere of .• employee ? YES N9 -- - . . 1111 - - •- - - 1111 .. BENEFIT Firm Prowdes-#er .Fir-F11-Previdesfer FilTA-dees44etFirm Employees-with Employees-with Provide-Beau Speeses Health Sisk-Leave .€amily-Medisal-Lea Bereavement-Leave n • _ •• • I I 1. I .. _---- • . • ._ _ . n.......nn..a•II,-,..n•n0,0...•_,. .i.0.-.•,.7,:O.=...,:...._.-..S,.:A,:•,.=[-..Cr„Oi:•• • -�...O�. .. .. 17 RFQ 2019-242-ND 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier, subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided ins.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: Proposer agrees to the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.Failure to agree shall result in roposal disqualification. YES NO 10. Non-Discrimination. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from,or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.Failure to agree shall result in proposal disqualification. YES NO • 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375,the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375.Failure to agree shall result in proposal disqualification. YES NO 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies,practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"),and which,among other things,(i)prohibits City contractors,as an employer,from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment;(ii)prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity.Failure to agree shall result in proposal disqualification. YES NO 13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements.The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 18 RFQ 2019-242-ND APPENDIX B M I AM I BEACH " No Bid " Form RFQ No. 2019-242-ND ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO MIAMI BEACH POLICE DEPARTMENT (MBPD) HEADQUARTERS PROCUREMENT DEPARTMENT • 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notificationof this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. RFQ 2019-242-ND 19 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: • _Workload does,not allow us to submit a proposal _Insufficient time to respond Specifications unclear or too restrictive _Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: NATALIA DELGADO PROPOSAL#2019-242-ND 1755 MERIDIAN AVENUE, 3'd FLOOR MIAMI BEACH, FL 33139 RFQ 2019-242-ND 20 APPENDIX C MIAMIBEACH Specifications RFQ No. 2019-242-ND ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO MIAMI BEACH POLICE DEPARTMENT (MBPD) HEADQUARTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2019-242-ND 21 Cl.Statement of Work Required. The City of Miami Beach is seeking proposals from individuals, firms, teams, or consultants, with demonstrated experience in projects of this type, size, and complexity to provide space planning, architectural and engineering services for the renovation of the MBPD headquarters building, including the renovation of all office spaces,training facilities,exercise and locker room facilities,firing range and ancillary areas. The successful proposer chosen by the Evaluation Committee shall provide pre-design, schematic design,design development,construction documentation,and construction administration services to: - Complete a Facility Deficiency Assessment(Consultant to provide for a Code Compliance Audit). - Complete a formal Space Needs Analysis(in collaboration with MBPD's Internal Planning Team). - Develop a preliminary Construction Cost Estimate for the project. - Prepare presentation graphics (photorealistic renderings and/or 3D walk-throughs) of proposed design. - Prepare Schematic Design Drawing for review and approval by Project Stakeholders. - Prepare Design Development drawings with updated Construction Cost Estimate. - Deliver Construction Documents for permitting with updated Construction Cost Estimate. - Provide Construction Administration services through Final Payment and Project Closeout. The successful proposer will promote a multi-disciplinary, integrated approach to design and construction that uses materials, energy, and water resources efficiently and minimizes environmental impact to the community. C2.Special Conditions. 1. Negotiations. Upon approval of selection by the City Commission, negotiations between the City and the selected Consultant will take place to arrive at a mutually acceptable Agreement,including final scope of services, deliverables and cost of services. The basis for negotiation shall be the attached standard contract. 2. Competitive Specifications. It is the goal of the City to maximize competition for the project among suppliers & contractors. Consultant shall endeavor to prepare all documents, plans & specifications that are in accordance with this goal. Under no condition shall Consultant include means& methods or product specifications that are considered "sole source"or restricted without prior written approval of the City. 3. Change of Project Manager. A change in the Consultant's project manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement(including reassignment)of an approved project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee(i.e.the City project manager). 4. Sub-Consultants.The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability-by the City of the services performed by the sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. 5. Licensure. Consultant shall hold a "Certificate of Authorization" or an "Architect Business" certification from State of Florida, Division of Business and Professional Regulations. • RFQ 2019-242-ND 22 APPENDIX D MIAMIBEACH Sample Co acntr t RFQ No. 2019-242-ND ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO MIAMI BEACH POLICE DEPARTMENT (MBPD) HEADQUARTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2019-242-ND 23 • • AGREEMENT BETWEEN CITY OF MIAMI BEAC•,;//..\\ • /7\ • ANDy \ „ ) \ \\/ / ) \ ' • FOR \ • ARCHITECT,URNAND ENGINEERING;DEBIGN SERVICES FOR - ( ‘•„- 2-049,442-ND • • / / R _OLUTION'NCI.:22019-?cxxxxx -‘ • \ \ • • , \ ) .,‘ / I \ • • 1 TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1. DEFINITIONS 4 ARTICLE 2. BASIC SERVICES 9 ARTICLE 3. THE CITY'S RESPONSIBILITIES 14 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST/ 16 f ARTICLE 5. ADDITIONAL SERVICES 18 ARTICLE 6. REIMBURSABLE EXPENSES �` 19 / �\ • ARTICLE 7. COMPENSATION FOR SERVICES;, 20 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 21 / " ARTICLE 9. OWNERSHIP OF PRO;IECT'DOCUMENTS'...:....._ 21 ARTICLE 10. TERMINATION OF AGREEMENT.. 22 ARTICLE 11. INSURA_N_ CE:..`.::.,.............'> .:`-...`..... ..� . :• ' 23 :., ARTICLE 12. INDEMNIFICATION;AND HOLD HARMLESS ' "' 24 ARTICLE 13.,ERRORS AND_0/MISS1ONS : 24 ARTICLE-14:"LIMITATION OFLIABILITY '::- 25 ARTICLE.15 NOTICE :, "- 25 ARTICLE 16.`MISCELLANEOUS\PROVISIONS 25 JI 1 2 SCHEDULES: SCHEDULE A—SCOPE OF SERVICES 30 SCHEDULE A-1 - CONSULTANT SERVICE ORDER (ADDITIONAL SERVICES) SCHEDULE B - COMPENSATION 32 SCHEDULE C— HOURLY RATE SCHEDULE 33 SCHEDULE D - CONSTRUCTION COST BUDGET SCHEDULE E - PROJECT SCHEDULE ti •F, ATTACHMENTS: • ATTACHMENT A—Resolution, Commission Item, Commission Memorandum ATTACHMENT B - RFQ 37 ATTACHMENT C—Consultant's Response to the RFQ`' . s.- 11 N 3 AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR • This Agreement made and entered into this day of , 20 (Effective Date), by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter -..referred to• as City), and , a corporation having its principal office at (hereinafter referred to as Consultant). ,•• WITNE-SSETH:. WHEREAS, the RFQ_No. 2019-242-ND (the 'RFQ") was'intended to provide access to architectural and engineering, firms in accÔrdance with The Florida Consultant's Competitive Negotiation Act; and - \ WHEREAS, on ! , the City Commission approved Resolution No. 2019-xxxxx, respectively,'•.authorizing the City to enter into negotiations with • and;-if successful, execute, an agreement with the Consultant pursuant to the RFQ; and., WHEREAS, City and the Consultant have negotiated the following agreement pursuant to the RFQ; • NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 Definitions. The definitions included in this Section are not exhaustive of all definitions used in this Agreement. Additional terms may be defined in other Contract Documents. The following terms shall have the meanings specified herein unless otherwise stated herein: ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services in this Agreement, as described in Article 5 and the Consultant Service Order, which the Consultant shall perform, at the City's option, and which must be duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 4 APPLICABLE LAWS: "Applicable Laws" means all laws, statutes, codes (including, but not limited to, building codes), ordinances, rules, regulations, lawful orders and decrees of governmental authorities having jurisdiction over the Project, the Project Site or the Parties. BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant (and approved by the City) as being within the Construction Cost Budget. "Base Bid"shall not include additive alternates or deductive alternates. BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement, as described in Article 2 and the Scope of Services set forth in Schedule A hereto. Any Services'-not specifically enumerated as Additional Services (as defined herein)shall also be consid red asic Services. CITY (OR OWNER): The "City" shall mean the Ctfi`of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convent"o n Center.Drive, Miami Beach, Florida, 33139. In all respects hereunder, City's obligations and performance is pursuant to City's position'as the owner of the Project actingin its_ ro neta ca acitt -In the event Cityexercises 1 ,. P- � rY P Y�� _ �- its regulatory authority as a governmental bod including, but not\lirnited to, its regulatory authority for code inspections and issuance of Building Department permits, Public Works Department permits, or other applicable permits within its jurisdiction, the-exercise of such regulatory authority and the enforcement of any Applicable Laws shall be�.deemed to have occurred pursuant to City's regulatory'authority as'a governmental body and shall not be attributable in any manner to City as a Partyto this Agreement. CITY COMMISSION: "City_Commission'':shall mean tale governing and legislative body of the City. CITY MANAGER:.The--",City Manager" shalls..mean'the chief-tadministrative officer of the City. The City Manager shall' also be,construed to include any duly authorized representatives designated by the City Managetin writing including the Project Administrator, with respect to any specific matter(s) concerning the Services and/or this Agreement v(exclusive of those author zatrons`reserve 'to the\City Commission, under this Agreement, or to regulatory or administrative bodies having\�urisdicfion over theFroject). CONSTRUCTION COST BUDGET: The_ Construction Cost Budget shall mean the amount budgeted and established by'the=City t previde for the cost of construction of the Work for the Project("Construction Cost"), a'srset forth in Schedule D. CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final (100% completed) plans, technical specifications, drawings, schematics, documents, and diagrams prepared by the Consultant_pursuant to this Agreement, setting forth in detail the requirements for the construction of the Project. The Construction Documents shall set forth in full all details necessary to complete the construction of the Project in accordance with the Contract Documents. Construction Documents shall not be part of the Contract Documents, until (a) the Consultant has submitted completed Construction Documents to the City and (b) they have been reviewed and approved by the City and any agencies having jurisdiction in accordance with the procedures as otherwise provided by the Contract Documents. However, approval by the City shall not in any way be construed, interpreted and/or deemed to constitute a waiver or excuse Consultant's obligations to ensure the Construction Documents are constructible, in compliance with all Applicable Laws and in accordance with the Contract Documents. 5 1 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the qualified and properly professionally licensed design professional in the State of Florida and as otherwise required by any entities, agencies, boards, governmental authorities and/or any other professional organizations with jurisdiction governing the professional practice area for which the, design professional has been engaged by City and who will perform (or cause to be performed through Subconsultants acceptable to the City) all architectural, design and engineering services required under this Agreement and/or Consultant Service Order and will serve as the "architect of record" and/or "engineer of record" for the Project. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, or agents of Consultants, and any other person or entity acting under the supervision, direction, or control of Consultant to provide any architectural, design, engineering or similar professional services with respect to the Project ("Subconsultants"). The Consultant shall not be replaced by any other entity,,except as otherwise permitted in this Agreement. Further, any Subconsultant that may perform services on:behalf of the Consultant shall be a qualified and properly professionally licensed design professional-•in the State of Florida and as otherwise required by any entities, agencies, boards,;.governmental'authorities and/or any other professional organizations with jurisdiction governing the professional spractice area for which the Subconsultant has been engaged by Consultant to perform professional design services in connection with the Project. The following Subconsultants,are hereby.approved by the City Manager for the Project: CONSULTANT SERVICE ORDER: Consultant Service Order shall mean any work order issued by the City to Consultant (in substantial form-as .in Schedule, A-1 attached hereto), that specifically describes and delineates the particular Additional Services which may be required of Consultant that is the subject of,such Consultant Service‘Order, and which may include studies or study activity, and/dr professional services as defined in Section 287.055 of the Florida Statutes. CONTRACT AMENDMENT: "Contract_Amendrrient" shall mean a written modification to the : Agreement.:approved by the•.City (as `specified below) and executed between City and Consultant, covering changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in'the fee and/or completion dates. Contract Amendments shall be,approved by the City Commission if they exceed fifty thousand dollars ($50,000.00). Even for 'Contract Amendments of fifty thousand dollars ($50,000.00) or less (or other such threshold contract amount as may be specified by the City of Miami Beach Procurement Ordinance), the City Manager reserves the right to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, Consultant Service Orders and written amendments issued thereto), and all Design Documents and Construction Documents. The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the Invitation to Bid (ITB), instructions to bidders, bid form, bid bond, Design Criteria Package (if any), the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction (General, Supplementary, and other Conditions), Divisions 0-17 specifications, an approved Change Order(s), approved Construction Change Directive(s), and/or approved written order(s)for a minor change in the Work. 6 • CONTRACT FOR CONSTRUCTION: "Contract for'Construction" shall mean the legally binding agreement between City and Contractor for performance of the Work covered in the Contract Documents, including, without limitation, a general contractor, construction manager, design- builder or any other duly licensed construction contractor selected pursuant to any other procurement methodology available under Florida law. CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. DESIGN CRITERIA PACKAGE or DCP: "Design Crit rra Package" means concise, performance-oriented drawings or specifications of a desig l build Project, prepared for the purpose of furnishing sufficient information to permit;desn build firms to prepare a bid or a response to a City request for proposal, or to permit,th City to enter into a negotiated design- build contract. The Design Criteria Package must_pecify perfornmance-based criteria for the design-build Project, including the legal descriptiof the site, suryey information concerning the site, interior space requirements, material quality standardsschematic layouts and conceptual design criteria of the project, cost,or.\budget estimates, design and construction schedules, site development requirements, provisions forfutilities, storrimw`ater retention and disposal, and parking requirements applicable to the‘pFoject.,; ,., ': DESIGN DOCUMENTS: "Design`Documents" ,meal*:ell plans, drawings specifications, schematics and all other documents which set,forth in full the design of the Project and fix and describe in detail the size,,configuration`and character,of the`Project concerning all items of the Project necessary for,thfinal e fi .,preparation��of the�~'100%.,completed, permitted Construction Documents in accordance vuith,tle, requirements/of the Contract Documents including, without limitation, all architectural and engineering elements'as may be:,appropriate. Design Documents shall not be part of the Contract Documents, until,(a) the Consultant has submitted completed Design Documents to the City. '9'4-(b)1hey have been reviewed and approved by the City and agencies having iunsdiction in ac-ordance-with the.procedures as provided by the Contract Documents However, approva by the City shall notlin any way be construed, interpreted and/or deemed to constitute`',a weive"or\excuse Consultant's obligations to ensure the Design Documents`are constructible,`in co -lance with all Applicable Laws and in accordance with the Contract Documents. �, 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 a hurricane, `tornado;_:flood, loss caused by fire and other similar unavoidable casualties; or other causes'beyond the City's or Consultant's control that are not due to any act, omission or negligence of,either City or Consultant and, which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of City or Consultant under this Agreement and which, by the exercise of due diligence, such parties shall not have been able to avoid; provided, however, that inclement weather(except as noted above), the acts.or omissions of Subconsultants, the Contractor and its sub-contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process shall not be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this Agreement due to a Force Majeure, the Consultant shall request a time extension from the Project Administrator within five (5) business days of said- Force Majeure. Any time extension shall be subject to mutual 7 agreement and shall not be cause for any claim by the Consultant for extra compensation, unless Additional Services are required and approved pursuant to Article 5 hereof. PROJECT: The "Project" shall mean that certain City capital project described in the Scope of Services set forth in Schedule A hereto. Prosect Cost: The "Project Cost", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft. Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope of'work. Project Scope: The "Project Scope" shall mean the description of the Project, as described in Schedule A hereto. PROJECT ADMINISTRATOR: The Proje dministrator' shall mean the individual designated by the City Manager who shall -e the" City's authonzed.,representative to issue directives and notices on behalf of the City with r_spect to all matters concerning the Services of this Agreement (exclusive of those authorizations reserved to the``City.•Manager or City Commission under this Agreement, or to regulatory'or adrn_inistrative bodies having jurisdiction over the Project). F �. � % ` ) PROPOSAL DOCUMENTS: "Proposal •Documents" shall`mean the RFQ, together with all amendments or addenda thereto (if any)';which)s incorporatetl.by reference to this Agreement and made a part hereof, provided, however, that in he t ,event o an,express conflict between the Proposal Documents and Ag eement;'ile Agre ent shall prevail. Consultant's proposal in response to the RFQ'is includedor reference, rposes only•and shall not be incorporated as part of this Agreement;, excepf with respecf__tooConsultant'i representations regarding the qualifications and experience of Consultant and,its._key personnel, its commitment to provide the key personnel listed thereih,'and its-capability totperform and deliver the Services in accordance with this Agreement and consiis en wittfthe a l representations made therein. / _/.' n , SCHEDULES: Schedules!n shaallmean the various schedules attached to this Agreement and referredtto as follows: N -Schedule A— Scope of Services Schedule A-1 -Consultant Service Order Schedule B—Consultant Compensation Schedille'C—Hourly Billing Rate Schedule Schedule:D'-Construction Cost Budget Schedule E.-,Project Schedule SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any Additional Services (as approved by the City), all as described in Schedule "A" hereto. SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant, financing, permitting fees and other similar costs, as determined by 8 the City, that are not considered as direct costs for the construction of the Project. STATEMENT OF PROBABLE CONSTRUCTION COST: The "Statement of Probable Construction Cost" shall mean the detailed estimate prepared by Consultant in Construction Standard Index (CSI) format or other format approved by the Project Administrator, which includes the Consultant's estimated total construction cost to the City of the Work for the Project (as established in the Contract Documents, as they may be amended from time to time). The Statement of Probable Construction Cost shall be in sufficient detail to identify the costs of each element of the Project and include a breakdown of the fees, general conditions and construction contingency for the Project. Costs shall be adjusted to the projected bid date to take into account anticipated price escalation. WORK: Work shall mean all labor, materials, equipm/ent, supplies, tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits a d: conditions thereof, building code changes and government approvals, licenses, tests,.scguality`kssurance and/or quality control inspections and related certifications, surveys, s udie , and other ites, work and services that are necessary or appropriate for the total s)rt ction, install tiomn;_and functioning of the Project, together with all additional, collatefal_,end incidental items;: and work and services required for delivery of a completed, fully functional and functioning Project as set forth in the Contract Documents. / ARTICLE 2. BASIC SERVICES 2.1 The Consultant shall provide ;Basic'cServices for'"the,Project, as more particularly described in Schedule ‘.,,`. \ • ,,�� 2.2 The Service . .ill%be co nenced by th, Consultant.upon receipt of a written notice to •proceed with any of\the,specific tesks identified.'in Schedule A ("Task") signed by the City Manager or the Proje`ct;iAdministrator ("Notice:-;to-Proceed"). Consultant shall countersign the Notice to Proceed upon re0,elpyalitieturn the signed copy to the City. A separate Notice to Proceedissued by the Protect Adminisfrator shallybe required prior to commencement of each task„(as same are se _forth in Schedule' "A” hereto). Consultant shall have no entitlement to perform (or be,com ensated for)`the Services corresponding with any task under this Agreement, unless suchtask is -uthorized by a Notice to Proceed. 2.3 As it relates to the Services and the Project, Consultant warrants and represents to the City that it is knowledgeable of and shall comply with all Applicable Laws. The Consultant agrees to comply with all Applicable Laws, whether now in effect or as may be amended or adopted from time to time,.and shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. 2.4 The Consultant warrants and represents to the City that all of the Services required under this Agreement shall be performed in accordance with the standard of care normally exercised in the design of comparable projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to the City that it is responsible for the technical accuracy of the Services (including, without limitation, the Design Documents contemplated in Schedule "A" hereto). Consultant further warrants and represents that the approved and permitted Construction Documents shall constitute a representation by Consultant to City that the Project, if constructed as required by the Contract Documents, will be 9 fully functional, suitable and sufficient for its intended purposes. 2.5 The Consultant's Basic Services may consist of various tasks, including planning, design, bidding/award, preparation of a DCP, studies, construction administration, and Additional Services (as may be approved), all as further described in the Scope of Services; and shall also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth in the General Conditions of the Contract for Construction. 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: No action or omission by City shall waive or excuse Consultant's obligations under the Agreement and/or other Contract Documents and that Consultant shall remain fully liable for all\work performed by Consultant including, without limitation, any design errors or omissions W 'tten decisions and/or approvals issued by the City shall not constitute nor be deemed a relea a of the responsibility and liability of the Consultant (or any Subconsultants), for the accuracy_:and competency of the Design Documents and Construction Documents, nor shall: eKyCity approval and/or decisions be deemed to be an assumption of such responsibyit' by the City for a•defect, error or omission in the Design Documents and the Construction=_Duments. Moreover, neither the City's inspection, review, approval or acceptance of,nor payment for, any Services required under the Agreement shall be construed to relieve the Consultant (or any Subconsultant) of its obligations and responsibilities under the Agreement, nor constitute a waiver of anyof the City's rights under the Agreement, or of any_cause of action arising'out of the performance of the Agreement. The Consultant shall be;and'remain liable to_the City in accordance with Applicable Laws for all damages to City caused'by any failure of the`Consultant or to comply with the terms and conditions of the Agreement or by�the`Consultant's misconduct, unlawful acts, negligent acts, errors or omissions in_the performance of the.Agreement" 2.7 TIME: It is understood'thattime is of�the e[J./s/ence in.the•.completion of the Project and, in this respect, the parties agree as`foliows: ', {.. • 2.7.1 Term: The.term f this-Agreemeptehall commence upon execution by the City and'Consultant, wh ch sha j be-the'EffectiveDate referred to on page 1 hereof, and shall in-•effect until all Services are corimpleted'•or all Services authorized under Notices to Proceed are completed and accepted,`whichever is later. Notwithstanding the preceding Term, Consultant'shaherll,adto any and all timelines and/or deadlines, as set forth in they Scope of Services, includin the time for completion of the work and/or services for the Project. >>` �. 2.7.2 The\Consultant,shall perform the Services as expeditiously as is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Wor-k.' 2.7.3 Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the Project Administrator) in order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its Subconsultants, as well as other consultants, including, without limitation, City provided consultants (if any). 2.7.4 The Services shall be performed in a manner that shall conform to the Scope of Services. The Consultant may submit requests for an adjustment to the completion time 10 for the Scope of Services, if made necessary because of undue delays resulting from untimely review taken by the City (or authorities having jurisdiction over the Project) to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Administrator with written notice stating the reason for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Administrator may require), the Project Administrator may grant a reasonable extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Administrator's approval (if granted)shall be in writing. 7/ 2.8 Consultant shall use its best efforts to maintaina c,�nstructive, professional, cooperative working relationship with the Project Administrator, Conjractornd any and all other individuals and/or firms that have been contracted, or othe rse r tained, to``perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement in,a competent, timely and professional manner, and shall be responsible to,the City ypr any failure'in its performance, except to the extent that acts or omissions by the City.make'such performance impossible. 2.10 The Consultant is responsible'-for the professional quality, technical accuracy, completeness, performance and coordination of all Servicesrrequired under the Agreement any Consultant Service Orders (including ,the services,perforrr0R.by Subconsultants), within the specified time period and specified cost ;:The ConsuItant shall perform the Services utilizing the skill, knowledge, and)udgment ordinarily possess and,used by,'a proficient consulting with respect to the disciplines'require 'for the perfor ance of such.Services in the State of Florida. The Consultant is responsible and shall'represent to City.that the Services conform to the City's requirements, the Contract Documents and•:all Applicable Laws. The Consultant shall be and remain liable to the Cityfo all_damages to,,the City caused by the Consultants deficient Services breaches of.this A ree ent or negligent acts, errors or omissions in the performance of the Se v ees, which4'damages may include_the costs incurred by the City with respect to replacement or repair of any defective or non-conforming construction Work until (i) twelve (12) months'following final acceptance of\the,Work, or (ii) the applicable statute of limitations period, whichever .is'later. In addition to all other rights and remedies which the City may have, the Consultant shall!;,at its expense;,re-perform all or any portion of the Services to correct any deficiencies which'result from the\Consultant's failure to perform in accordance with the above standards. The Project Administrator shall notify the Consultant, in writing, of any deficiencies and shall approve the‘methodjand'timing of the corrections. 2.10.1 The Consultant shall be responsible for deficient, defective Services and any resulting deficient, defective construction work re-performed within twelve (12) months following final acceptance and shall be subject to further re-performance, repair and replacement for twelve (12) months from the date of initial re-performance, not to exceed twenty-four months (24)from final acceptance. 2.11 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent 11 of such requirement is to enable the Consultant to receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design, or construction of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Projec cbedule. 2.11.1 The Consultant is advised that a performance evaluation of the Services rendered throughout this Agreement will be comple ed.b_y the City and kept in the City's files for evaluation of future solicitations. `\ `- 2.12 Consultant agrees that when any portion of,th• e Services relates-to a professional service which, under Florida Statutes, requires a license certificate of authorization, or other form of legal entitlement to practice and/or perform suOftSenvice(s)„it shall a iipploy. and/or retain only qualified duly licensed certified personnel to provide-same. / \-'_./ ;' 2.13 Consultant agrees to designate;rin writing, within five (5) calendar days after receiving a signed Notice to Proceed, a qualified`�licensed profesionalto serve as its project manager (hereinafter referred to as the "Project Manage') The Project Manager shall be authorized and responsible to act on behalf of Consultant 'witfi•`•respectto:.directing, coordinating and administrating all as cts _of�the Services`` Consultants Project,'Manager (as well as any replacement) shall be subject to the prior writte approval of the City Manager or the Project Administrator. Replacement(including reassignment) of an approved Project Manager shall not be made without the priorvritten a_pproval of the`City Manager or his designee (i.e. the Project Administrator). j' `, X2/73;1 Consultant�agree�s,-within fourfeen.,(14) calendar days of receipt of written notice , from the City Manager or�'the,•Project'Administrator (which notice shall state the cause therefore), to promptly,rembve'and replace a Project Manager, or any other personnel employed or otherwisk retain d''jby Consultant for the Project ( including, without limitation,'•any Subconsultants). M-' 2.14 Consultant'ag'rees not to divulge, furnish or make available to any third party(ies), any non-public information;,concerriing7 the Services or the Project, without the prior written consent of the City Manager or the Project Administrator, unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require Subconsultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services, as described in the Agreement and any Consultant Service Orders, do not delineate every detail and minor work task required to be performed by Consultant to complete the work and/or services described and delineated under Schedule A and any Consultant Service Orders issued to Consultant by the City. If, during the course of performing work, services and/or tasks, Consultant determines that work and/or services should be performed which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated, then Consultant shall promptly notify the Project 12 Administrator, in writing, and shall obtain the Project Administrator's written consent before proceeding with such work and/or services. If Consultant proceeds with any such additional work and/or services without obtaining the prior written consent of the Project Administrator, said work and/or services shall be deemed to be a Basic Service under this Agreement and shall also be deemed to be within the scope of services delineated in Schedule A (whether or not specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Administrator shall not constitute authorization or approval by the City to perform such work. Performance of any such work and/or services by Consultant without the prior written consent of the Project Administrator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize a y"and all Project documents and records pertinent to the Services and shall provide the Cjt r, in request, with copies of any and all such documents and/or records. In additiorY, Conusultant shall provide electronic document files to the City upon completion of the Protect-y\ 2.17 THE CITY HAS NO OBLIGATION TO ASSIST, FACILITATE AND/OR PERFORM IN ANY WAY THE CONSULTANT'S OBLIGATIONS/UNDER THE\AGREEMENT OR OTHER CONTRACT DOCUMENTS. THE CITY'S_ PARTICIPATION, 'FACILITATION AND/OR ASSISTANCE TO THE CONSULTANT SHALL BE AT ITS SOLE DISCRETION AND SHALL NOT, IN ANY WAY, BE CONSTRUED, INTERPRETED, AND/OR`:=CONSTITUTE AN ASSUMPTION BY THE CITY AND/OR OBLIGATIONS, 'A:,WAIVER OF CONSULTANT'S OBLIGATIONS 'AND/OR EXCUSE�ANY BREACH BY CONSULTANT OF ITS OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE PARTICIPATION IN THE PERFORMANCE OF ANY OF CONSULTANT'S OBLIGATIONS SHALL NOT PRECLUDE THE CITY FROM DECLARING CONSULTANT IN DEFAULT'FOR CONSULTANT'S FAILURE TO PERFORM SUCI-I-OBLIGATION, NOR SHALL'IT-LIMIT.IN ANY WAY, THE CITY'S RIGHTS AND REMEDIES'IN'CONNECTIONITH EWITH.:THE CONSULTANT EXPRESSLY ACKNOWLEDGESAND AGREES NOT TO,RAISE OR ASSERT AS DEFENSE TO ANY CLAIM, ACTION, SUIT;'AND/OR-::OTHER PROCEEDING OF A SIMILAR NATURE, THE CITY'S PARTICIPATION,\ASSISTANCE AND/OR.\FACILITATION IN THE PERFORMANCE OF CONSULTANT'S OBLIGATIONS. INCLUDING, WITHOUT LIMITATION, ASSISTING WITH/OBTAINING:.PERMITS\-OR WITH:-..COORDINATION WITH UTILITIES, OR OTHER MATTERS RELATED'TO THE PROJECT. IN:THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND/OR..ANY OTHER PROVISION OF THIS AGREEMENT OR OTHER CONTRACT DOCUMENTS;:THIS SECTION SHALL GOVERN. 2.18 GREEN'BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575; Florida Statutes, and Chapter 100 of the City Code, as both may be amended from time to time„/addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. \u. 2.19 SUBCONSULTANTS-: All services provided by Subconsultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the Subconsultants. The Consultant shall not retain, add, or replace any Subconsultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the 13 reasons for any proposed substitution. The Consultant shall cause the names of Subconsultants responsible for significant portions of the Services to be inserted on the plans and specifications. The Consultant shall be ultimately responsible for ensuring the Consultant's and all of its Subconsultants' compliance with the requirements of this Section and any other provision of the Agreement and/or Consultant Service Order. With respect to the performance of work by Subconsultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the Subconsultant's work. The Consultant shall, upon the request of the City, submit to the City such documentation and information as the City reasonably requests to evidence tpe-,:c.reation, standing, ownership and professional licensure of the Consultant (and Subconsts), including organizational documents, operating agreements and professional licensure documentation, and copies of the Consultants contracts with the Subconsultant with.-resp ct tote,Project. However, the City's failure to request such documentation or evidence-60/0r failure to enforce in any way the terms and provisions of this Section, the Agreement, n,O r any other Consultant Service Order during the Project does not excuse, waive and/orcon'done in any way any'noncompliance of the requirements set forth therein including, `without limitation, the '''professional licensure requirements. Any approval of a Subconsultant-by the/City)shall in no• way shift from the Consultant to City the responsibility forthe quality and acceptability of the services performed by the Subconsultant. Payment of;-Subconsultants sball/be the sole responsibility of the Consultant, and shall not be cause;for•-any:-increase inscompensation to the Consultant for payment of the Services. /ARTICLE 3. THE;;CITY'S RESPONSIBILITIES 3.1 The City Manager shall`:,designate a,project Administrator, who shall be the City's authorized representative sto act oni City's behalf.with respect to the City's responsibilities or matters requiring City's `approv under,the Contract Documents. The Project Administrator shall be autfiorizedM(withoutfilimitation).-to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. The Project Administrator shall have full authority to require,,the Consultant to comply with the Contract Documents,\..provided, however, that'any failure of the Project Administrator to identify any noncompliance,, or to specifically d -F,is or require compliance, shall in no way constitute a waiver of, or'excuse, the Consultant's obligation to comply with the requirements of the Contract Documents. 3.2 The City shall\\ake available to Consultant, for the convenience of the Consultant only, information that the City`,has in its possession pertinent to the Project. Consultant hereby agrees and acknowledgestlat, in making any such information available to Consultant, the City makes no express or implied certification, warranty, and/or representation as to the accuracy or completeness of such information and assumes no responsibility whatsoever with respect to, the sufficiency, completeness or accuracy of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. 14 3.3 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance counseling services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its Subconsultants or vendors). • 3.4 If the City observes or otherwise becomes aware of any fault or defect in the Project, or non-conformance with the Contract Documents, the City, through the Project Administrator, shall give prompt written notice thereof to the Consultant. 3.5 The City, acting in its proprietary capacity as Owner nd not in its regulatory capacity, • shall render any administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious for the orderly progress f ft-re Services and of the Work. 3.6 The City Commission shall be the final authority ta�do,or to approve the following actions or conduct, by passage of an enabling re,solut'on or amendment to this Agreement: 3.6.1 Except where otherwise expresly noted in the Agreement or the Contract Documents, the City Commission shall be the body,to consider\comment upon, or approve any amendments or modifications to'this Agreement. N \ • 3.6.2 The City Commissionhall'be the bodyto consider, comment upon, or approve any assignment, sale, transfer ocaubietting of this\Agreement. Assignment and transfer shall be defined to also include sale:of, the majority of the stock of a corporate consultant. / majority 3.6.3 The C,ity_Commission shall apprd e or/consider, all Contract Amendments that exceed the sum`_of fifty thousand dollar($50,000.001(or other such amount as may be specified by the\Cty.of Miami Beach Procurement Ordinance, as amended). 3.7 Except where-otherwise expressly noted in thi§Agreement, the City Manager shall serve as the/City'Spnmary..,epresentafive to whom administrative (proprietary) requests for decisions and approvals required hereundeOy.the City shall'be made. Except where otherwise expressly noted in\this,Agreement or the Co^tract Documents, the City Manager shall issue decisions and authorizations which i ay, inclu`de,',without limitation, proprietary review, approval, or comment upon'the schedules;',plans,\reports, estimates, contracts, and other documents submitted to the City,by Consultant: 3.7.1 The Ci y Manager.,shall have prior review and approval of the Project Manager (and any replacements)and of any Subconsultants(and any replacements). • 3.7.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his/her discretion, the City Manager may also consult with the City Commission on such matters. 3.7.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 15 3.7.4 The City Manager may approve Contract Amendments which do not exceed the sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.7.5 The City Manager may, in his/her sole discretion, form a committee or committees, or inquire of, or consult with, persons for the purpose of receiving advice and recommendations relating to the exercise of the City's powers,'duties, and responsibilities under this Agreement or the Contract Documents. 3.7.6 The City Manager shall be the City Commis ion sauthorized representative with regard to acting on behalf of the City in the eve t'ofiuing any default notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof)°``.` 3.8 The City's review, evaluation, or com ntto any documents prepared by or on behalf - of the Consultant shall be solelyfor the ur e-of the City's determinin-^'for its own satisfaction the suitability of the Project, or portions thereof, detailed in ,such documents for the purposes intended therefor by the City, and may not be relied.upon in any way by the-Consultant or any other third party as a substantive review thereof. •/ / V • ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City has es_ tablished a Construction,: - Cost Bud et-'for the Project, set forth in Schedule D. Consult t shall`d sign the°Project o tpafthe Construction Cost Budget for the Project is not exceed d,iAs part'of\.the Basic SerOces, Consultant shall design and/or re-design the Project to the 7Construction`'Cast Bud9et in/accordance'with this Article 4, making all revisions necessary to\maintain/the Construction Cost Budget. Consultant shall attend meetings with_the City to.♦revue and discuss`eost estimates, cost-saving alternatives, and implementation or revision o the/Design Documents and Construction Documents to address such it ms,i as necessary to�`meet the established' budget parameters set forth in the City G Construction Budget. 4'` W' 4.2. Consultant shall provide\and/o 'update the Statement of Probable Construction Cost at each stage of�completion of`�th Des gn'Documents and at completion of the Construction Documents, unless-otherwise specified in a written directive of the Project Administrator. 4.2.1. At corn I"etion. of;=the conceptual design (at such stage of completion of the Design Documents as maybe specified by the Project Administrator), Consultant shall provide the City a Statement oV.Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus fifteen percent (+/-15%) of the Construction Cost Budget. If at the foregoing stage of design the Consultant's Statement of Probable Construction Cost exceeds the C•,ity's Construction Budget by more than fifteen percent (15%), then the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s) for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to within fifteen percent (15%) of the City's Construction Budget. Upon obtaining City's approval of any proposed modifications, Consultant shall incorporate such modifications within the Design 16 C • Documents as part of the Basic Services and at no additional cost to the City. 4.2.2. At the 30% and 60% completion of the Design Documents, Consultant shall update its Statement of Probable Construction Cost, which must include an estimated Construction Cost for the Project within a range of plus or minus ten percent (+/-10%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the City's Construction Budget by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant. Consultant shall then identify the cause(s)for the difference and recommend in writing for the City's approval any modification in the Design Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to wit in\ten percent (10%) of the City's Construction Budget. Upon obtaining City's approval of any prop'osed modifications, Consultant shall incorporate such modifications within the Design /Docum ents as part of the Basic Services and at no additional cost to the City. f , 4.2.3. At the 90% stage completion of the & sign Documents and at completion of the Construction Documents, Consultant shall up/date)ts Statement of`Probable Construction Cost, which must include an estimated Construction ;Cost for the Project`within a range of plus or minus five percent (+/-5%) of the Construction Cost Budget. If at the foregoing stages of design the Consultant's Statement of Probable Construction Cost exceeds the,qty's Construction Budget by more than five percent (5%), the Project`A dministrator shall provide,;notice thereof to the Consultant. Consultant shall then identify the cause(s)-for the difference and recommend in writing for the City's approval any modif cat on„in the Design.Documents necessary to conform the Consultant's estimated total costs in the Statement of Probable Construction Cost to within five percent (5%) of the_ City's Construction `Budget.,, Upon,-"Obtaining the City's approval, Consultant shall prom7ptty modify the Design,Docu ents or Construction Documents within the time period specified: bythe Protect Administra r (which time,yperiod for completion shall not exceed ninety (90) days,from the:date Consultant�is notified-to re-design), as part of the Basic Services and at no additional cost;to the City. \ 4.2:4.: To ensure that'd'ie/Construction`Cost.shall not exceed the City's Construction Budget ach-Staternent°of Probable Construction..Cost shall be in sufficient detail to identify the costs (of_;each element-and include a breakdown of the fees, general conditions and a reasonable;and appropriate constru tion contingency. 4.3. Consultant shall certify`rd warrant to the City that the Statement of Probable Construction Costa and any update thereto, represents Consultant's best judgment of the Construction Cost' for the Project as an experienced design professional familiar with the construction industry,,,provided, however, that Consultant cannot (and `does not) guarantee that bids or negotiated prices.—will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. 4.4 If the lowest and best Base Bid exceeds the Consultant's final updated Statement of Probable Cost by more than ten percent (10%), the Project Administrator shall provide notice thereof to the Consultant, and the Consultant shall re-design the Project within the Project Scope, construction schedule, sequence of Work, or such other action, as deemed necessary, to reduce the Statement of Probable Construction Cost, and Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents) within the time period specified by the Project Administrator (which time period for completion shall not exceed ninety (90) days from the date Consultant is notified to re-design), and shall provide re-bidding services, as many times as may be reasonably requested by the 17 City, as part of the Basic Services and at no additional cost to the City, in orderlo bring any resulting, responsive and responsible bids within ten percent (10%) of the Consultant's final updated Statement of Probable Cost. 4.5. The Construction Cost Budget shall not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such Construction Cost Budget is exceeded, the City Commission may, at its sole and absolute discretion, terminate this Agreement (and the remaining Services)without any further liability to the City. \• 4.6. The City Commission may, at its sole and ab olute/discretion, and without relieving Consultant of its obligations under this Agreement to desig the-Project to the Construction Cost Budget as set forth in Sections 4.1 through 4.5 abov , separately elect any of the following options: (1) approve an increase to the Construction ost Budgeti_(2) reject all bids, and (at its option) authorize rebidding of the Project; (3) aba on the Project�`and•.terminate the remaining Services without any further liability to the City7(4) select as many`,deductive alternatives as may be necessary to bring the lowest and best bidi•within the Construction Cost Budget. ARTICLE-5. ADDITIONALSERVICES 5.1 Additional Services shall onl be.' erformed byConsultant followingreceipt of written Y . . p, ...y P authorization by the Project Administrator '(which.,_,authorization must be obtained prior to commencement of any such_additional*ork by-Consultant)'\The written authorization shall contain a description,of the Additional Services ruired,'•�a,lump,sum to be negotiated at the time of the request/for additional'services=or_•, •anihourly`fee'(in accordance with the rates in Schedule "B" hereto) With a "Nona Exceed'am amount Reimbursable Expenses (if any) with a Not to Exceed amounts-,the amended Construction Cost Budget (if applicable); the time required to complete the\Additional Services; and•an amended Project Schedule (if applicable). "Not to Exceed"shall,meankhe raximum Cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative'expenses allowable), which the Consultant shall not exceed without\furtherf tten authorization of the Project Administrator. The "Not to Exceed'`'ari ount is not a ua?anteeerhaximum cost for the additional work requested (or, in the case of Reimbursables, for the'expenses);,and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services include the following: 5.2.1 Appraisals:-Investigation and creation of detailed appraisals and valuations of existing facilities, arid-surveys or inventories in connection with construction performed by City. 5.2.2. Unforeseen Conditions. Providing additional work relative to the Project which arises from subsequent circumstances and causes which could not reasonably have been foreseen at the time of execution of this Agreement (excluding conditions determined by all prior studies available to Consultant and excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.3. City-Requested Revisions to Construction Documents: Making revisions to 18 . Construction Documents resulting in or from City-requested changes in Scope of Work involving new program elements, when such revisions are inconsistent with written approvals or instructions previously given by City and/or are due to causes beyond the control of Consultant. 5.2.4 Expert Witness: Except insofar as the Consultant is required by legal process or subpoena to appear and give testimony, preparing to serve or serving as an expert witness in connection with any state or federal court action to which the Consultant is not a party in its own name, that is not instituted by the Consultant or in which the performance of the Consultant is not in issue. 5.2.5 Procurement: Assistance in connection wi h bifid protests, re-bidding, or re- negotiating contracts (except for Contract Document;visions and re-bidding services required under Section 4.4 hereof,which shall)b provided at no additional cost to City). 5.2.6. Models: Preparing professional perspectiQe s, models or renderings in addition to those provided for in this Agreement excepinsofar as:these are otherwise useful or necessary to the Consultant in the proVisio-of Basic Services: 5.2.7. Threshold Inspection/Material Testing and;I;nspection:\Providing threshold inspection services and material testing/speciallinspection services;,„provided that Consultant, as part of the°`Basic Services\ hall report on the progress the Work, including any defects and deficiencies that may be observed in the Work. 5.2.8 Pre-Design Surveys &';Testis y ,g_,.:Environmental investigations and site evaluations, provided,_, however;;that surveys.of the existing structure required to _ complete as-built-documen�tation are_not a itionalI`_services..) 5.2.9 Geot chnical engineering. Pro'idiit geotechrncal engineering services or site surveys. \ \ i Except as specified, herein services thacare required for completion of the Construction f = Documents shall be�part,of Co su(tant s Basic'Services. ' • ARTICLE 6,REIMBURSABLE EXPENSES =A N s 6.1 Reimbursable Expenses_ranust be authorized, in advance, in writing, by the Project Administrator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Administratoalon with:Any supporting receipts and other back-up material requested by the Project Administrator`). Consultant shall certify as to each such invoice and/or voucher that the amounts and items_claimed as reimbursable are "true and correct and in accordance with the Agreement." Reimbursable Expenses may include, but not be limited to, the following: Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions for the office use of the Consultant and its Subconsultants, and courier, postage and handling costs between the Consultant and its Subconsultants). Costs for reproduction and preparation of graphics for community workshops. Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over 19 • the Project(i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" fee for provision of the Services, including reimbursable expenses, for the Project shall be $638,161, as more fully delineated in Schedule B hereto. 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Administrator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on subcontracted work. In addition to the invoice, the Consultant shall, for Hourly Rate authorizations;ii bmit a progress report giving the percentage of completion of the Project and the total estimatedY fee to completion. ter'-..i`A 7.3 Approved Additional Services shall be compsated in accordance with the hourly billing rates set forth in Schedule "C," attached hereto: Any request for payment of Additional Services shall be included with a Consultant payment;request. No mark-up‘shall be allowed on Additional Services (whether sub-contracted or not 7.4 Approved Reimbursable Expenses shall be pad in accordance with Article 6 hereto, up to the "Not to Exceed" Reimbursable; allowance amount, set forth-in Schedule B or in the applicable Consultant Service Order. Any-request for pay nt of Reimbursable Expenses shall also be included with Consultant's `payment. r'equest. No' mark-up shall be allowed on Reimbursable Expenses,,----- 7.5 ESCALATION/During •th,Term of 'this g eement;AheYACity Manager, at his sole discretion, may consider,an adjustment to the hourly rates set forth in Schedule C. Any such adjustments,`if any, shall be basedon a corresponding increase in the Consumer Price Index for All Urban.Consumers `U.S. City average (198 -84=100), as established by the United States Bureau of Labor Statistics (`CPI"),/or Thatehaladjustments to the scope or requirements of the RFQ by the-City, including (but not.,limited to) living wage increases, provided, however, that in no event shall any annual .,increase.exceed three percent (3%). In the event that the City determines that the requested.increase is unsubstantiated, the Consultant agrees to perform all duties at the current cost terms.?; 7.6 No retainage,,shall be made from the Consultant's compensation on account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF"BILLING AND PAYMENT. Consultant shall invoice the Project Administrator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature and extent of the work performed; the total hours of work performed by employee category; and the respective hourly billing rate associated therewith. In the event Subconsultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project Administrator for the requested Additional Service(s) or Reimbursable Expense(s)shall accompany the invoice. 7.7.1 If requested, Consultant shall provide back-up for past and current invoices that records hours for all work (by employee category), and cost itemizations for 20 Reimbursable Expenses (by category). ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may bei ounds for City's disallowance of any fees or expenses based upon such entries. Consulta shalralso bind its Subconsultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents; pr na s and specifications, designs, drawings, renderings, calculations, specifications,.models;"photographs, reports surveys, investigations, and any other documents (whether completed or partially completed) andcopyrights thereto for Services performed or produced in the performance of this`Agceement, or related to the Project, whether in its native electronic form;paper or other hat 1 copy medium or in electronic medium, except with respect to copyrighted`standard,,details and designs owned by the Consultant or owned by a third party and licensed'to;04-"Consultant for\use and reproduction, shall become the property of the City. Consultant shall deliver�all such documents to the Project Administrator in their native electronic form within thirty(30) days of com leton ofthe Services (or within thirty (30) days of expiration'oryearlier termination of th s'greement as the case may be). However, the City may grant. an/exclusive license of e copyright .to.-the Consultant for reusing and reproducing. copyrighted.materials or portions_thereof as authorized by the City Manager in advance and in writing,'Inaddition,the Consultantshall not disclose, release, or make available any document-to-any third;part�i wit o t-prior written approval from the City Manager. The Consultant:shall warrant to the City that'it has.been granted a license to use and reproduce any standard details and owned by a third.--party and used or reproduced by the Consultant • in the performance of this Agreeme1:-Nothing contained herein shall be deemed to exclude any document from Chapter 11 9, Florida tatutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the C_ity;Manager. s :. 9.3 At the City's option, the,Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; however, payment to the Consultant for such adaptations will be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all Subconsultants to the Agreement requirements for re-use of plans and specifications. 21 ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this Agreement. In the event there is a lack of adequate funding either for the Services or the Project (or-both), the City may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this Agreement or performs same i,9/160 faith; (2) unreasonably delays the performance of the Services or any portion thereof; or 3) Odes not perform the Services or any portion thereof in a timely and satisfactory manner,_-..fn the case of termination for cause by the City, the Consultant shall first be granted a thirty....30 qday cure period (commencing upon receipt of the initial written notice of default from the_City- 10.2.1 In the event this Agreement i ter mated for cause``'byAthe City, the City, at its sole option and discretion, may take ogver.the remaining Services and complete them by contracting with another consultant(s), &\otherwise The Consultant shall be liable to the City for any additional cost(s) incurred by�the,City/du4to such termination . "Additional Cost" is defined as the difference between the actualp :.-cost of coin letio of the Services, _ and the cost of completion of such'Services hadkhe<Agreement not been terminated. 10.2.2 In the event of termination for cause,by the City,,the City shall only be obligated to pay Consultant-for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth- or..can be=calculated from, the City's initial writtendey fault notice). Upon payent of anfamount which may be due to Consultant p'ursuant to this`subsection 10:!2.2, the City shall have no, further liability to Consultant 192.3:A§ a_ condition precedent to release,of any payment which may be due to /Consultanttunder_subsection.10.2 2, the'Consultant shall promptly assemble and deliver to-the Project Aduimtstrater any and all-Project documents prepared (or caused to be prepared) by Consultant(incding, without limitation, those referenced in subsection 9.1 hereof)', The City shad;not be responsible for any cost incurred by Consultant for assembly,-copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION,FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the CitytManager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) itydeems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Administrator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully 22 violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice). 10.4.1 The Consultant shall have no right to terminate this Agreement for convenience. • 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; 52)"place.no further orders or issue any other subcontracts, except for those which may have at ea been approved, in writing, by the Project Administrator; (3) terminate all existing orders and'subcontracts; and (4) promptly assemble all Project documents (for delivery to the Proct dministrator). ARTICLE 11. ,INSURANCE N 11.1 At all times during the Term of this Agreement Consultant shall maintain the following required insurance coverage in full force and effect. The Consultant shalt not commence any work until satisfactory proof of all required insurance cover ge has been furnished to the Project Administrator: (a) Workers' Compensation and Employer's Liability per the Statutory limits of the State of Florida. (b) Commercial-.General Liability on a corriprehenswe',basis in an amount not less than y000,000s ombined single emit per,,occurrence for bodily injury and property.damage.,, '. ' (c) Automobile Liability:Insurance covering all owned, non-owned and hired vehicles used in`' onnection with the work, in an amount not less than $1,000,000 combinedsingle jJmit per occurrende'f_or bodily injury and property damage. (d)=''; Professional Liabilitylnsurance,in an amount not less than $2,000,000 with the `y deduaitiles per clam: Consultant shalt notify the Project Administrator, in writing, within thirty- (3n0) da s of any claims�'filed or made against its Professional Liability policy. ' . 11.2 The City must be named as and additional insured'on the liability policies; and it must be stated on the certifi\gate. 11.3 The Consultan must give"the Project Administrator at least thirty (30) days prior written notice of cancellation of_su bstantial modifications in any required insurance coverage. All certificates and endorsements shall-contain this requirement. 11.4 The insurance must be furnished by an insurance company rated A:V or better, or its equivalent, according to Bests' Guide Rating Book, and •by insurance companies duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.5 Consultant shall provide the Project Administrator with a certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of such policies, upon written request to Consultant., 23 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 To the fullest extent permitted by Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. The Consultant shall pay all claims and losses in connection-therewith and shall investigate all claims, suits, or actions of any kind or nature in the name7of the City, where applicable, including appellate proceedings, and shall pay all costs; judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided-by'Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. °,� 12.2 The Consultant agrees andrecognizes; that the City shall not' pe held liable or responsible for any claims which may result from_.any negligent, reckless,:.or intentionally wrongful actions, errors or omissions-of the Consultant in which the City participated either through review or concurrence of theConsultant's actions-!‘„In reviewing, approving or rejecting any submissions by the Contractor, or'other,acts of the Consultant, the City in no way assumes or shares any responsibility or liability,,,of"'theiConsultant JOcluding, without limitation its Subconsultants and/or any-registered professionals'(architects'"and/or engineers) under this Agreement). N E \.ARTICLEA3. ERRORS-AND OMISSIONS 13.1 ERRORS AND OMISSIONS It is specifically agreed that any construction changes categorized by-the.tCityas causedby an,error,yan,omission, or any combination thereof in the Contract Documents that-were prepared by the Consultant will constitute an additional cost to the City that would not have been,incurred without the error. The damages to the City for errors, omissions or any combinationss=thereof shall be calculated as the total cost of any damages or incremental costs•.,to thee.City resulting out of the errors or omissions by the Consultant, iricluding, without limitation,`the direct, indirect and/or consequential damages resulting from the Consultant's errors and/or omissions or any combination thereof. Damages shall include delay td mages caused by the error, omission, or any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination, in writing, to the applicable Assistant City Manager. The Project Administrator's decision on all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event that the Consultant does not agree with the decision of the Project Administrator, the Consultant shall present any such objections, in writing, to the City Manager. The Project Administrator and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. 24 ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the total amount of compensation/fees due to Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract to be limited to the total amount of compensation/fees due to • Consultant for all Services under this Agreement, less any amount(s) actually paid by City to the Consultant hereunder. 7;) Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to Consu• tent for money damages due to an alleged breach by the City of this Agreement, in an tiar ount\n excess' of the total amount of compensation/fees due to Consultant for all Servicesunder this Agreement, which amount shall be reduced by any amount(s)actually paid by the y4 to'Consultanthereunder. Nothing contained in this subsection, or elsewhere.,in this Agreement, is\n any way intended to be a waiver of the limitation placed upon City's liability, a_ set,forth in Sect n 768.28, Florida Statutes. • �.,• , ,' \ARTICLE.15. NOTICE;v, All written notices given to City by Consultant shall be addressed to: City ManagerXOf ibe �. t f City of Miami Beach '4, •',� �` „: ,A 1700 Converitioenter Drive „� n`C Miami Beach, Florida 33139 L ��; Attn:,--Jimmy L r 1oraIes- City Mana9er ` `� _ti_ ) ,,Wth------;'op `to -* • \ t City Manager's Office , --,, •--",:_, Ci t'of Miami Beach #, \, 1700 Convention CenterDrive > ',, MiamilBeach, Florida 33139 Attn: Enc T.-Carpenter, Assistant City Manager l All written notices given to the_'Corisultant from the City shall be addressed to: XXXXXXXXXXXXXXX All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of 25 conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of _ Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated duringerrmioyment without regard to race, color, national origin, religion, sex, gender identity, sexual-orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordant with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person 1'Opiate who is,_a ,.consultant, who has been placed on the convicted vendor list following'a_conviction for acpublic entity crime may not submit a bid on a contract to provide any goods-or ity,services to the Cmay not submit a bid on a contract with the City for the construction or repair of a public building`or public work, may not bid on leases of real property to the City, may not-be awa�rde-d'or perform wprk.as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and:may not transact business with the Cityin excess ofahe threshold amount O rovided in Section 287.017, Florida Statutes, for Category Two, for a period,-.-O '36 months from the date of being placed on the convicted vendor list. For violation of`this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City and pursue debarment of Consultant / \ 16.4 NO CONTINGENT-FEE:Consultant war nts%that it,has not employed or retained any company or person,'-\--other than 6---\4641a fide employee working_sblely for Consultant, to solicit or secure this Agreement,_'and tha(it has not',0,01c1 or agreed to pay any person, company, corporation, individual or�firm, her than„a bona.fide employee working solely for Consultant, any fee, 9ommiSsion;.,percentage, gift;or other consideration contingent upon or resulting from the award_or making.of.this Agreement. For..the'breach or violation of this subsection, City shall have the right to terminate,the Agreement, without any liability or, at its discretion, to deduct from theme contract price`'(9r',otherwise recover) the full amount of such fee, commission, percentage,\gift, or consideration. 16.5 LAWS ANDREGULATIONS: v 9 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by all Applicable,-Laws which may have a bearing on the Services involved in the Project. \ 16.5.2 Project Documents. In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, and Duplication of Records; Exemptions,” all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s. 24(a), Article I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or 26 ' upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the information. 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City , procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and Subconsultants that will be( involved in the Project being required to sign an agreement stating that they will not(copY, duplicate, or distribute the documents unless authorized by _eity Manager, in writing. 16.5.2.2 The Consultant and its S co sultants agree in writing that the Project documents are tor be:.1„00t and maintained in a secure location. 16.5.2.3 Each set of the P djec documents are to-,,be numbered and the whereabouts of thedo ments shall be tracked_at all times. 16.5.2.4 A log is developed to traapk~each set of documerileiogging in the date, time, and name of they individual(s) that work oh or view the documents . 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation all necessary supplemental documents to correct errors, omissions, and/or ambiguities wjiichmay exist in`the Co act Docum`e is prepared by Consultant, including documents prepared by its Subconsult ts7Comp)iance with this subsection shall not be construed to relieve the Consultant from,any liability-resulting from any such errors, omissions, and/or ambiguities in ;{the Contract. Documents and other documents or Services related thereto , x .,,� Vis, 16.7 ccAS;SIGNMENT-1The Cone-ultant shall'not_.assign, transfer or convey this Agreement to any other person, firm association or corporation, in whole or in part, without the prior written consent of the Commissions whic4onsent, if given at all, shall be at the Commission's sole option and discretion. However;, the Cnn`sultant will be permitted to cause portions of the Services to be Performed by Subconsultants, subject to the prior written approval of the City Manager. 16.8 SUCCESSORS AND_J;.,ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.9 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages, materials, equipment, Subconsultants, and other purchased services, etc., as necessary to complete said Services. 27 16.10 INTENT OF AGREEMENT: 16.10.1 The intent of the Agreement is for the Consultant to provide design and other services, and to include all necessary items for the proper completion of such services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.10.2 This Agreement is for the benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nocdolo it authorize anyone not a party to the Agreement to maintain a suit for personal i junea, professional liability, or property damage pursuant to the terms or provisions of/the Ageement. - -... `: 16.10.3 No acceptance, order, pajfinept, or certificate of or by the City, or its employees or agents, shall either sto9the City from assertlfig any rights or operate as a waiver of any provisions hereof or of an_y;power or right hereimre served to the City or of • any rights to damages herein provided\`�,`� `' 16.11 This document incorporates'and includes all negotiations;\correspondence, conversations, agreements, or understandings applicable ble to the matters contained herein; and the parties agree that there are no'coi rhithients, agreements, or understandings concerning, the subject matter of this Agreement tha are'not containedi i this document. Accordingly, the parties agree that no deviation from the_\terms hereof shall be predicated upon any prior representations or agreeme_nts'whether oral`or wn n: It isfurthet agreed that no modification, amendment or altera(on/in theterms or conditi ns contained herein shall be effective unless memorialized in written'document_approval an__eXecuted with:�the same formality and of equal dignity herewith. 1� ) \_`` s. \ _ \'\ •,l - I J 1 I • 28 IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH: CITY CLERK MAYOR /./ Attest X (// ' 700_0(XX)0(XXXXXX Signature/Secretary '*Sig nature/President _t FYAO f/} Print Name PrmtIVarne f , t 51 t 29 . - SCHEDULE A-SCOPE OF SERVICES . . • / . \ \ • N'. .., .. , . \ .--.. ... . ' ) , ‘,. • . •-,. ,.. \ . ,. \ . . . . . „ ••••• •-• • ., ',. , \ '', \ ,' •,. , . „ / ''.----.--''''' 'Ns ..\ ---.. ,..,, . „,. s, .. . •s. -. • ) . . . 1 . ; I , \ . . • 30 SCHEDULE A-1 CONSULTANT SERVICE ORDER FOR ADDITIONAL SERVICES Service Order No. for Additional Services. TO: 2 • PROJECT NAME: Project Name DATE: SCOPE OF ADDITIONAL SERVICES: Fu • Per attached proposal dated _ to-be considered part of thisAgreement. Estimated calendar days to complete'this work: Days Original Service Order Amount: - $ Total From Previous Additional,_Service Orders: Fee for this Service.'Order is Lump;Sum/Not.to-Exceed amount of: Total Agreement to Date;, $ j City's Project Date • Coordinator/Manager . _ Assistant Director `, • . . \ Date Consultant. Date Project Administrator-Director . Date 31 SCHEDULE B CONSULTANT COMPENSATION Schedule of Payments Planning Services* $XXXXXXXX Design Services* $XXXXXXXX Bidding and Award Services $XXXXXXXX Construction Administration** -� $XXXXXXXX Reimbursable Allowance*** ' $XXXXXXXX • Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. - Note**: Construction Administration will be paid, on a monthly basis upon commencement of construction. In the event that, through,,no fault•of the Consultant, Construction Administration services are required to be'extended,.which.extension shall' be subject to prior City • approval, and what•shall be attI a City's sole discretion,. the Consultant agrees to extend said services for ' , per°month,for'the;duration required to complete the Project. • L, Note***: The- Reimbursable•..Allowance._belongs•,to the City and must be approved in writing, iri advance;-by the Project Administrator.•Unused portions will not be paid to the Consultant.' \ •, • 32 SCHEDULE C HOURLY BILLING RATE SCHEDULE • • //' \ / \ \ ' . . •,, '-. . \ - • \ -. • \ '.. \ " -..., ( . . \ \ „ , .• ; . :,. . ,.• , • ..,. \ ..,---------„ .... • .„„ \ ') 7--- '--- \-' ..,_, . . ..\ J1 ) • '• ..,. •, -,,, ,,.. 9.. 9,, . \ ., 9. . .. ..,_ : \ . '. 9 N ) 9 \ \ . . . 1 . . \ ' / 1 \\ ' \ ‘9,.....•. • 33 . , • • SCHEDULE D CONSTRUCTION COST BUDGET The City's Construction Cost Budget is $5 million. • 7 \ 1 • �C ~ t '1 1's 34 . . SCHEDULE E PROJECT SCHEDULE • \ \ . (/// • % . . • •„. \ , \ , / ) \ • / \ ) , • .., ., • „. --- .-,./ .- . . , • ) . . . s. ,..„ . •_.. . . ,,,, 1 t -4 \, \ .. ,,, ••-„, / .------- '''' ., •,, . ..,,„ •,,, •.. . t 1 ' •'\ ' . . • . . • 35 • ATTACHMENT A RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM ` \ • \ • \ \ • \ \ • 36 • ATTACHMENT B • REQUEST FOR QUALIFICATIONS (RFQ) /—\\ . / „ , . / \ ' \ • . . \ .. . . „ ,--, \,.. -,:. s4:. •„.., \ / ".----''',, :. / . . ‘.. . N\,.. \ \ • . 1 ' J ' / _:____ •,... '„ , \ ' \ .. \ . . % \ „ - \ . \ •.....,- \ • '. . , . ,. . ., ,..., \ S \ ' \ ,1 i1 \- . j . \ , , \ • 37 . . ATTACHMENT C CONSULTANT'S RESPONSE TO THE RFQ • ' , \l 1. /' 38 Procurement Department MIA1BEACH1755 Meridian Ave,3rd Floor,Miami Beach, Florida 33139 www,miamibeachfl,gov • ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS NO. 2019-242-ND ARCHITECTURAL AND DESIGN SERVICES FOR RENOVATIONS TO MIAMI BEACH POLICE DEPARTMENT (MBPD) HEADQUARTERS(the"RFQ") July 15,2019 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The.RFQ is amended in the following particulars only(deletions are shown by strikethrough and additions are underlined). PURSUANT TO THE RFQ TIMETABLE, THE DEADLINE FOR QUESTIONS HAS PASSED AND NO FURTHER QUESTIONS WILL BE CONSIDERED. • ,AC'CCORDINGLY, NO EXTENSIONS TO THE DUE DATE WILL BE.ALLOWED. 1. REVISION: Section 0300, Submittal Instructions and Format,Tab 4, on page 12 of the RFQ, is hereby amended as follows, (Underlined denotes added language): TAB 4' : ' Approach and Methodology 1. Submit detailed information on the approach and methodology that the Proposer and Its team has utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which addresses, but need not be limited to, its approach and methodology to the following areas of work: • completing a facility defiency assessment, • completing a formal space needs analysis, • developing a preliminary construction cost estimate, • • preparing presentation graphics (photorealistic renderings and/or 3D walk-throughs) of proposed design, • addressing functionality and air quality issues regarding firing ranges, • preparing schematic design drawing(s), 1 • preparing design development drawings with an updated construction cost estimate • delivering construction documents for permitting with an updated construction cost estimate, and • providing construction administration services through final payment and project closeout. 2. Submit the firm's approach to incorporating a diverse pool of qualified personnel and sub-consultants that will be engaged for the project. 3. Submit the firm's approach to assuring quality and cost control for the project. 2. RESPONSES TO QUESTIONS RECEIVED. Q1: Are joint ventures allowed as the Proposing Firm? Al: As indicated in Section 0200, General Conditions, Subsection 10 of the RFQ, joint RFQ No.2019-242-ND Addendum#1 7/15/2019 MIMAIBEACHProcurement Department 1755 Meridian Ave,3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov ventures are not allowed. Proposals shall be submitted only by the prime contractor. Proposals may, however, identify other sub-contractors or sub-consultants to the prime Proposer who may serve as team members. Q2: During the pre-proposal meeting yesterday, it was stated that the scope of work will not include any changes to the building envelope (roof and/or skin). Is LEED certification a requirement for the project? • A2: LEED certification is not a requirement for the project, however, the renovation should observe LEED principles by implementing strategies that reduce the use of water and energy as well as incorporate sustainable materials wherever practical. Q3: If LEED certification is not planned for the project, may the requirement for experience in LEED certified projects_in the last ten years be removed from 2.1 Qualifications of Proposing Firm and 3.1 Qualifications of Proposer Team? A3: See response to item Q2 above. Submit detailed information regarding the relevant experience of the firm (Tab 2) and team (Tab 3) with emphasis on Leadership in Energy and Environmental Design (LEED)certified projects in the last ten (10)years. Q4: Should items 2.1 and 3.1 (Qualifications of Proposing Firm and Proposer's Teams) be submitted in SF 330 format? A4: The SF 330 format may be used to submit the experience and qualifications of the • proposing firm and the proposer's team. Q5: Do we need to be LEED Accredited or have done LEED Works in the Design? A5: See response to item Q3 above. Q6: Will additional funds be made available for the construction of the project? A6: No additional funds have been earmarked for the project at this time. Q7: This is an interior renovation.Are there any additions or structural components to the renovation? A7: There are no additions or structural components contemplated for the renovation at this time. However, the purpose of this RFQ is to select thebest qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. After selection the City and the selected consultant will negotiate scope,terms, and cost. Q8: Can we assume that all 88,356 SF will need to renovated? A8: The result of the formal space needs analysis that is completed by the awarded proposer will indicate what areas will need to be renovated. However, the purpose of this RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. After selection the City and the RFQ No.2019-242-ND Addendum#1 7/15/2019 I Atv\ IBE H Procurement Department 1755 Meridian Ave,3rd Floor, Miami Beach, Florida 33139 www,m iamibeachfl.gov selected consultant will negotiate scope,terms,and cost. Q9: How are you addressing the requirement for resiliency? Does the proposer need to have a structural engineer on the team? A9: Appropriate strategies for incorporating resiliency will be determined after awarded Proposer conducts an initial facility assessment. It is incumbent on the Proposers to assemble a Project Team, including any sub-contractors or sub-consultants,as they see fit. Q10: Do you see any potential for having to upgrade rainwater infrastructure? A10: The purpose of this RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. After selection the City and the selected consultant will negotiate scope,terms,and cost. Q11: Does the exterior of the building need to renovated? All: At the current time the City is not considering a renovation to the exterior of the building. Q12: Will the roof need to fixed or replaced? Al2: The purpose of this RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. After selection the City and the selected consultant will negotiate scope,terms,and cost. Q13: Have any estimates been done to assume the$10,000,000 allotted for this project? A13: The funds for this project were allotted based on current deferred maintenance costs as well desired enhancements for this facility, not a detailed construction cost estimate. . Q14: Is there any plan for relocation while the work is being completed? A14: The purpose of this RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. After selection the City and the selected consultant will negotiate scope,terms,and cost. Q15: Will the gun range have to be active at all times? A15: The purpose of this RFQ is to select thebest qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. After selection the City and the selected consultant will negotiate scope,terms,and cost. Q16: Is the City open to grants that may be available for police technology upgrades? A16: The City is open to grants that may be available for police technology upgrades. RFQ No.201.9-242-ND Addendum#1 7/15/2019 M I� .f� /� I _ Procurement Department ' �/ 1 1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139 www.miamibeachfl.gov Q17: Can a site visit be scheduled? A17: The City is not considering a site visit for this project. The purpose of this RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. After selection the City and the selected consultant will negotiate scope,terms,and cost. Q18: How can we obtain the current plans/drawings of the building that the designs will need to be based on? A18: The purpose of this RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to Include scope. After selection the City and the selected consultant will negotiate scope,terms,and cost. Q19: Is there a temporary holding cell at the MBPD Headquarters that can't be touched due to security measures? A19: There are four(4)temporary holding cells in the facility. These cellscan be individually closed to accommodate renovations. However,the purpose of this RFQ is to select the best qualified (as determined by the City) consultant for the project. Responses pursuant to the RFQ are not to include scope. After selection the City and the selected consultant will negotiate scope,terms,and cost. Q20: Do you have staff housed outside of the building at the present time that you will need to incorporate inside the building after the renovation is complete? A20: The. City has several currently displaced units, encompassing approximately 15 staff members, would be housed at the station after the renovation is complete. Moreover, the Miami Beach Police Department anticipates approximately 20% growth over the next two decades. However, the purpose of this RFQ is to select the best qualified (as determined by the City),consultant for the project. Responses pursuant to the RFQ are not to include scope. After selection the City and the selected consultant will negotiate scope,terms, and cost. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov ' Contact: Telephone: Email: Natalia.Delgado 305-673-7000 ext. 6263 _ nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sir, :,ly, Oi ! 0 ;=his Procurement Director RFQ No.2019-242-ND Addendum#1 7/15/2019 ATTACHMENT C CONSULTANT'S RESPONSE TO THE RFQ 51 LEDA DALY Miami Beach Police Department Headquarters RFQ#2019-242-ND for Architectural and r _ Design Services for Renovations to Miami el Beach Police Department Headquarters July 22, 2019 • Table of Contents Tab 1 Cover Letter Minimum Qualification Requirements Tab 2 Experience Qualifications of Proposing Firm Tab 3 Experience Qualifications of Proposer's Team Tab4 Approach Methodology asisimi"" \ Tab 5 Contract Exceptions(submitted in separate envelope) • • , LEDA DaILY Tab One LEDA DALY July 22,2019 Natalia Delgado,Procurement Contracting Officer I LE D A DALY Procurement Department 1755 Meridian Avenue,3rd Floor Miami Beach,FL 33139 PLANNING ARCHITECTURE RE:RFQ#2019-242-ND for Architectural and Design Services for Renovations to Miami Beach ENGINEERING Police Department Headquarters INTERIORS Dear Ms.Delgado and Members of the Selection Advisory Committee: Miami Beach Police Departments search for a qualified team to provide space planning,design ABU DHABI and renovation experience for an efficient,secure and safe Headquarters building requires ATLANTA a team with expertise in facilities like yours. LEO A DALY's team is up to the challenge of AUSTIN designing a renovation of the Miami Beach Police Headquarters to meet the current and future BEIJING needs of the community.We will serve you with: CHICAGO COLLEGE STATION Public Safety Expertise—Our team possesses the strongest combination of police,public CORPUS CHRISTI safety,firing range and emergency response design and experience serving jurisdictions in all DALLAS 50 states.This brings you critical public safety knowledge of best practices,accreditations and DAMMAM cutting-edge trends and philosophies from around the nation to Miami Beach. DOHA FORT WORTH Comprehensive Experience— In addition to police facility experience,our team members bring HONG KONG expertise in a full range of law enforcement facility needs and strategies having successfully HOUSTON completed training facilities,detention facilities,forensic labs,evidence warehouses,secure LANSING federal facilities with ATFP requirements and secure readiness facilities complementing our LAS VEGAS police knowledge. Even with this,we count on the expertise of your police personnel to provide LOS ANGELES valuable insight into for the unique needs of your facility. MIAMI MILPITAS Impeccable project management— Our track record for balancing scope,schedule,budget,and MINNEAPOLIS level of quality is unrivaled.We will work to build consensus among the different stakeholders OAKLAND and deliver a best-value project. OMAHA ORANGE Local Knowledge— Our current work throughout South Florida positions our team for the RIYADH successful completion of the proposed project due to our familiarity with local building codes SAN ANTONIO SAN MARCOS and environmental concerns. TAMPA Client Focused Leadership-We have a keen appreciation for each of our client's mission and WACO we will work hand-in-hand with your team.We will listen to you,provide high caliber expertise WASHINGTON DC WEST PALM BEACH and will respond with purpose. We are excited about this project and its possibilities and look forward to meeting with you. If you have any questions about our submission,please feel free to contact us. Very truly yours, LEO A DALY DPR License#AAC000734 � /y /04 Eduardo S.Egea Al CARB Cindy A Cleary AIA,NCARB,LEE 0 5200 Blue Lagoon Drive,Suite 700 Vice President,Managing Principal Vice President,Public Safety Specialist Lead Planner Miami,FL 33126 esegea@leoadaly.com camccleary@leoadaly.com 305.461.9480 leoadaly.com 9 APPENDIX Al -PROPOSAL CERTIFICATION FORM This document is a REQUIRED FORM that must be submitted fully completed and executed. FAILURE TO SUBMIT THE PROPOSAL CERTIFICATION FORM WITH ITS PROPOSAL SHALL RESULT IN THE PROPOSAL BEING DEEMED NON-RESPONSIVE. Solicitation No: Solicitation Title: RFQ 2019-242-ND Architectural and Design Services for Renovations to Miami Beach Police Department (MBPD)Headquarters Procurement Contact: Tel: Email: Natalia Delgado _ 305-673-7000, Ext.6263 nataliadelgado@miamibeachfl.gov PROPOSER'S NAME: Leo A Daly NO.OF YEARS IN BUSINESS: 104 NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES: 51 10 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 8600 Indian Hill Drive CITY: Omaha STATE: Nebraska ZIP CODE: 68114-4039 TELEPHONE NO.: 402-391-8111 TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: 5200 Blue Lagoon Drive Suite 700 CITY: Miami STATE: Florida ZIP CODE: 33126 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Rafael Fleitas ACCOUNT REP TELEPHONE NO.: 305-461-9480 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: RJFleitas@leoadaly.com FEDERAL TAX IDENTIFICATION NO.: 47_00363104 Except as stipulated in General Condition 36, Proposer agrees: to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all specifications,attachments,exhibits and appendices and the contents of any Addenda released hereto; to be bound,at a minimum,to any and all specifications,terms and conditions contained herein or Addenda;that the Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; that proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; that all responses,data and information contained in the proposal are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Eduardo Egea Vice President Managing Principal Signature of Proposer's Authorized Representative: Date: f/ �,--- 44. 15 RFQ 2019-242-ND 10 APPENDIX A2 -QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT FORM The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements,and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated.Attach any requested information. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Eduardo Egea Vice President Managing Principal Signature of Proposer's Authorized Representative: Date: 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES X NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s)of any officer, director, agent, or immediate family member(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall attach at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation. Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non erformance by an sublic sector agency? YES © NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City 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 Department with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall attach its Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics, available at htto://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ 16 RFQ 2019-242-ND 11 7. Living Wage. Pursuant to Section 2 408 of the City of Miami Beach Code, as samo may bo amended from time to time. covered employees shall be paid the required living wage rates listed below: 1. Effective January 1, 2018,covered employees must be paid a living wage rate of no leaf than$11.62 per hour with health 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than$11.70 per hour with health curo bonofits of at least$2.71 por hour,or a living wage rate of no loss than$14.44 per hour without health care benefits. 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than$11.78 per hour with health cure benefits of at toast$3.22 por hour,or a living wage rate of no less than$15.00 per hour without health care benefits. the Consumer Price Index for all Urban Consumers(CPI U)MiamilFt. Lauderdale. issued by the U.S.Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall excood throe percent (3%). The City may also, by came(in a particular year). its sole option, immediately deem said Proposer as non responsive, and may further subject Proposer to additional penalties and Y€S N9 8. .: .. . ... . . . . .. - . . .. ... . - .. .. .• €S N8 B. Does your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees? YE$ NO Note: some benefits arc provided to employees because they have a spouse or domestic partner, such as bereavement leave; other BENEFIT Firm Provides for Firm-Provides-for Firm does not Employees with Employees with Provide Benefit Spouses Health Sisk-Leave ; amily-MedicalLeave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there arc no insurance 17 RFQ 2019-242-ND 12 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier, subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: Proposer agrees to the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.Failure to agree shall result in roposal disqualification. X YES NO 10. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code.Failure to agree shall result in proposal disqualification. X YES NO 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375,the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375.Failure to agree shall result in proposal disqualification. X YES NO 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"),and which,among other things,(i)prohibits City contractors,as an employer,from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii)prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity.Failure to agree shall result in pro sosal disqualification. © YES NO 13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements.The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 18 RFQ 2019-242-ND A1V VO31 oM19el _----,.._ - r � �...---- , A -- - '"rtv gi loco. , i 1 i i 1 /'t' = Forensics and Technology This new facility completely relocates the Palm Beach Facility - Palm Beach Sheriff's Office Property&Evidence(P&E)and Forensics Sciences divisions into a new multi-story 87,500 SF single Sheriff's Office facility. Leo A Daly served as Design Architect&Forensics Specialist providing programming,predesign and all design West Palm Beach,Florida and construction phase services. The project was originally designed as a single story P&E and Owner impound facility. Near completion,funding became available Palm Beach County to expand the design and leverage the operational efficiency to add the Forensics Division to the project.The Forensics Size Division added a second story expansion to the design, 87,500 SF relocating all forensics units to this location. Cost The green-field site and building was planned according to $23,000,000 lean work-flow strategy which programs and lays out spaces Scope for optimized flow of work,aligning key adjacencies and Full Architectural Services support functions. Delivery The P&E spaces consist of officer intake and packaging CM@R areas,secure of processing and storage.The processing and Completion Dateevidence warehouse includes bulk central storage areas,as Construction well as dedicated currency,jewelry,fire arms,narcotics vaults, Inflammables vaults,secure sally ports and destruction areas. Reference Separate secured entry points for property pick up,and legal Fernando DelDago &evidence viewings were aligned to eliminate any potential Fdelgago@pbcgov.org cross conflict,visible vulnerability or security concerns. Palm Beach County Facilities Development West Palm Beach, Florida 561.233.0266 ilk- w x _ q , 4441,- ,,, , t ,ti ,, „:. Il PIIINCA7K1l1 r HNf SttiiltlN Pq 1 Onlinliimmuumminusimmilmaniamminnummi City of Plantation Fire Fire Station No. 1 s the City of Plantation's oldest fire station.The existing single story fire station was in need Station #1 of replacement to accommodate increased staffing and Plantation,Florida operational needs.The City proposed to demolish the existing fire station and replace it with a new state of the art 2-story fire station equipped with an emergency generator.This Owner required that the operation needed to be relocated to another City of Plantation location within the property boundary.A modular building for staff operations as well as canopy style vehicle storage was Size utilized during construction. 15,000-SF Cost $6,000,000 Scope Full Architectural Design,Schematic Design,Design Development,Construction Documents/Administration Completion Date In Progress Reference Monica Joy,ASID Construction Project Supervisor 954-585-2357 LEO A DALY L mania',-, : [ 11111,.,_14070„„, 1 1,,Arai IT I I ti 1, ,, I i I , - i ia ., 1 , tk9- 1—(__17 , , , IP rt--V ".... * , . i . ..w a x t Palm Beach County Jail The Palm Beach County Sheriff's Office of Corrections mission is to provide a cost effective,high degree of security Expansion West County for the citizens of Palm Beach County,and to provide for Facility the safety of staff and inmates at each correctional facility. To meet their mission,they selected Leo A Daly to provide Belle Glade,Florida architectural services for a 347,000-SF judicial facility in conjunction with prime firm HOK. ,,,,,,. The new West County facility consists of booking/processing, Palm Beach County new dormitory and cell housing,kitchen,outpatient medical services,an emergency preparedness center,courtrooms and s`````" administrative support areas. 347,100 SF West County Facility The project additionally includes a fueling facility,evidence Confidential storage building,Eagle Academy,Drug Farm Administration and Housing buildings to support the overall mission of Palm oBeach Counties Correctional and judicial system. Architect of Record(for out-buildings only),Design,Site Plan,Construction Public Safety Documents,Construction Administration Provision for Expansion -„., r In Process Local(Palm Beach County)Project Reference Mission Critical Facility Mike McPherson Renovation-Planning Project Manger Vehicle Impound Lot Capital Improvement Division 561-233-0278 Occupancy During Renovation mmcphers@pbcgov.org Specialized Storage LEO A DALY 11 :tir#✓ 1 + //W.z I!i'i,r . k, 4 i 111 t ` , '" ',i /0%,. • �t i I�, i f 6 Ids a.` 4 , ,...._ , ,_ „. ___ _ _______ i it i .„....., kiar„._._ ' 41 I "FMK �s, a ,tom ----..-. _ i 4-4. 1 N IQ a 1 , •� . ■. � : :NEN aEnCfi Public Safety Complex LEO A DALY served as Associate Architect and lab planner in the design of this new Public Safety Complex. The phased Lake Worth,Florida 98,540-SF facility integrates the criminal justice,fire safety, emergency medical technician,and emergency medical services departments. Phase I of the project featured a ' 18,000 SF,24-lane handgun and rifle range and classroom Palm Beach State College facility. The second Phase created a new training center to simulate actual emergency situations used for training 98,540 SF of public safety personnel,offer a lobby/reception area, auditorium and computer lab. Cost $30,881,000 Specialized lab planning,provided by LEO A DALY,included extensive forensic labs. Labs for trace evidence and Scope toxicology as well as dirty and wet labs comprising part Space Programming,Architectural of the overall forensic suite. A blackout lab,photography/ Design, Interior Design,Construction microscopy lab,associated prep and storage spaces Administration,Specialized Lab Planning completed the new full service space.The project was in collaboration with Stephen Boruff AIA Architects+Planners. CM@R Completion 1 2014 <<EIFEIFFiriI//g Reference + V, T WT. '«t �i{ _ .1 Kirk Stetson ,,,r-- wile ;wirIic ; . - _ - Facilities Planning �1 561-868-3481 -:-. stetsonk@palmbeachstate.edu Or ii -• •1`/1 . .. a l.M _I +_j .R- a 4 mik_ w 4 t3 "ill!:,,,,,,,, , ' . ..,�.5 CEeo GOLD . \ \\ O. ... _ r i ' . i IL., _ Institute of Public Safety, LEO A DALY completed renovations to the existing 40,000-SF Building22 building,the second phase of Broward College's Institute of Public Safety complex. Davie,Florida The renovated facility offers 12 classrooms,a 90-station computer lab,crime scene laboratories,crime scene OW simulation rooms,a large auditorium,and a defensive tactics Broward College gymnasium. A new 7,500-SF addition houses a 50-yard,10- lane indoor rifle range. 40,000 SF existing The building includes: 7,500-SF new construction • Vaulted training • Stationary/moving man target systems _ • 22-lane shooting range • Equipment storage $8,300,000 • Classrooms structures Scope • Locker rooms • Tactical defense training Full Architectural Servicesrooms • Temperature controlled ammunition storage • Classrooms/offices Delivery CM@R • Firearm training • Simulation training labs Completion Date • Ballistic roof structures • 10-lane rifle range 20XX • Bullet containment systems Reference Deborah Czubowski "As a result of the talent and professionalism of the Facilities LEO A DALY team and their total commitment to meeting 954-201-4592 client needs, the project went forward smoothly.." dczubowski@broward.edu Linda Wood,Dean Institute of Public Safety Broward College .. to # -.COON , t 1. ;.. F„vol OpYS RDep s rlmn n y..:� t ,M 110)10,11101. .� r <W . .>. Cons4�stloe Wnygnnt• A +^ Ii IA . ` ` f # - •• 1 • t 441i i ._. ....�...� T it lie* 4• PROJECT v . `r SITE � . 7.29 ACRES / t � P Alt`ev, i- # - .+ , . x i, Ilk NW 16 CT ,, �. 95. r zur, i., .. . . _ . ...._ .....„.•. / ,,,,,, -- rF. tj = !'�;� r� , \- r $ 414 1117%. MAIL. ' ....... IL 741.4.... -k 4, • A Broward County Medical Broward County has engaged LEO A DALY to provide comprehensive architectural and engineering services Examiners Office & for the Broward County's Medical Examiner's Office and Broward Sheriffs Office Broward Sheriff's Office Crime Laboratory Combined Facility. Crime Lab Combined The new state-of-the-art combined facility is anticipated to be a highly functional,efficient structure that includes the Facility latest technologies in forensic laboratory standards in an approximately 100,000 SF multi-story building or series of Fort Lauderdale,Florida buildings with potential operational and functional synergies to be explored during the planning and programming phase. The phased project will be built on a 7.29 acre site and will be Broward County designed with sustainable practices. LEO A DALY'S scope will include programming,site analysis Approximately 100,000 SF and design of highly functional,efficient structure(s)that include(s)the latest technologies in forensic laboratory standards,mechanical and ventilation systems,and other TBD functions to support both facilities. Parking,landscaping, drainage,utilities and on and off-site improvements will Programming,Architectural Design, be included. Construction Administration Stage In Programming Reference Adrianna Musarra Construction Management Division Director/County Architect 954-831-4000 amusarra@broward.org LEO A DALY .h s �> - -- , a -, , ____ , _ . , tLa e AI ,.. ,-, ,:, ,-. „ r , , ,1 It : '1114" 111 '. YW, ...ww,. !i- , City of Forest Lake City The City of Forest Lake and the Forest Lake Economic Development Authority commissioned LEO A DALY to design Center, New City Hall and a Planned Unit Development campus comprised of a new Public Safety Facility 65,000 SF municipal service center and future commercial parcels.The project redevelops an underutilized 14-acre Forest Lake,Minnesota brownfield site,anchoring the south stretches of the Highway 61 commercial corridor. Owner The facility includes Administrative Offices for Municipal City of Forest Lake Staff,Fire/Dispatch/Training spaces,Public Safety Size department and the Emergency Operations Center.The 68,198 SF public safety facility is organized to accommodate full law enforcement operations over two floors including Squad Cost Operations,Investigations,Detention,Secured Squad Parking, $19,000,000 K-9,and fitness and training spaces. Scope The evidence and lab Spaces form a large portion of the Architectural and Interior Design,Civil, behind the scenes components,and provide secure perimeter Structural,Mechanical and Electrical and interlocked doors contain movement and maintain Chain Engineering Programming,Architecture, of Custody.The evidence spaces include dedicated secure Interior design,Landscape Architecture, Vehicle evidence bays,located with direct secured access Civil,Structural,Mechanical and Electrical from the Forensic Lab.The Forensic Lab is outfitted for Engineering- processing Latent Prints,Biology and Toxicology,including Completion date dedicated refrigerated storage spaces for biologicals,long 2014 and short arms,drug lockers and long term evidence storage. Work counters for office functions are provided separately Reference of lab spaces to maintain clean work environments and limit Richard Peterson potentials for contamination of evidence. City of Forest Lake,Police Chief 651.209.9725 LEO A DALY • H A k. l; NI • w.. moi. _ ., ' _ _:-_-1:- . 1 I IV • o:. 1� _ --- 1 °, JI. i IU�1! IN I ii J ,., , 44,,, _ _ _ i: I 1 ,, ��` .__ � Itilisra.,: i Hennepin County Public This new 400,000 SF facility features two levels below grade SafetyFacilityand seven levels above.The main entrance,which provides access for court and jail visitors,is primarily a non-secure Minneapolis,Minnesota area,as is the second level. Floors 3 through 7 contain inmate housing. Finally,in response to expansion goals,the -� •,. facility can expand from the present 270 beds to as many as Owner 1020 beds. Hennepin County A voice and data cabling infrastructure was designed for this Size facility including redundant fiber optic links to the Hennepin 400,000 SF County Government Center and coordinated the design with the Owner's telephone system and local area networks. $73,000,000 The completed facility includes: a a _ • 270 cells Project Management,Architecture, • Intake,kitchen,laundry,command center Structural,Plumbing,Mechanical, • Sheriff's staff lockers Electrical,Comprehensive Interior Design, • Building Exterior&Public Spaces,Fire Training rooms Protection,Construction Administration. • Three arraignment courts Completion date • Court administration 2001 • Judges chambers Reference • Parking and offices for Community Correction,Public Capt. Mike Wresh,Hennepin County Defender,City Attorney and the County Attorney. Sheriff's Office,612-348-4424 Mike.Wresh@co.hennepin.mn.us LEO A QALY • • Y-• 416ft—17 • MWAA Washington Dulles The Metropolitan Washington Airports Authority(MWAA) facility provides the tactical and classroom training facilities International Airport Police for the multi-site airport police force and two other multi- Range and Training Facility jurisdictional users near Washington DC. Dulles Airport,Virginia The range,which is operated year round to meet the needs of the department,was designed to achieve acoustical compliance with MWAA's Design Manual 2010 standards for facilities of this type. Metropolitan Washington Airports Authority The 26.4 acre site sits within a unique wildlife-rich environment paying careful attention to mitigate migratory 7,200-SF classroom building patterns and environment of local wildlife and noise sensitivity to surrounding areas.The project additionally planned for a future third 50-yard range,expansion of the 300-yard range Confidential to 500 yards with engineered berms as well as potential °� development of additional training structures,including a Architecture,Engineering shoot house and gas house for tactical training. Completion Date ;; : CaParas Metropolitan Washington Airports Authority 703.572.1318 r ��1++ bernadette.caparas@mwaa.com LEO A DALY f' +b .— , / x.5, ,. ;��, _ / rip In II TR ���_1 I Vii:-In'CITY O F L I N G Ii! ' . It. - 6i, i 4 r , City of Sterling, Illinois, LEO A DALY was hired by the City of Sterling, Illinois to CityHall and Police perform an assessment of total departmental needs and facilities,and to evaluate opportunities for the thoughtful Department Renovation re-purposing of an historic 81-year-old,Coliseum building. Through a strategic process,LEO A DALY performed needs Sterling,Illinois assessments,energy efficiency assessments,and workplace ..,r: evaluations of all departmental functions and facilities. Recommendations and implementation strategies for improvements were developed,and a master concept was City of Sterling created for the repurposing of the facility. Sd The assessment proceeded into the full design (both 38,405 SF architectural and engineering)for the complete renovation a of the historic structure to provide a viable,contemporary $4,600,000 facility for the police department(office,investigations, squad,holding,evidence storage/forensics processing Se „> and fitness),city clerk,city council and council chambers, Workplace Evaluation,Facility Analysis, community room,city engineer,and administrative offices. Programming,Design,Architecture, Engineering The evidence and forensics lab portion of the facility is comprised of a dedicated secured processing room with Completion Date fume hood and lab counters,a secured evidence storage 2013 room, and a evidence packaging room accessible to Reference sworn officers. Scott Shumard City Manager 815.632.6621 LEO A DALY .'YSi+ ,t t'A` r.,.T. r' ,,,.$.10,,,,:,,,, ,.1 ‘,..f-,-,,'a m r ijk4at� r -.N \ r. iiia ,,-,, � ,..... ,,,,,\,.s.. ,, ;A.. 4 .N..„....‘ t ".lei x e 41 ,,,z,A,74.4:i,',7‘, '':' ' '='''';'' :4:4‹:,., ,„ '..,y.,S444.:;"%;;:', ,:;;:‘,,;,;,-,.7;;on::al s - ,- •,,-:..--; „,,,-- ..,,,._ __,T4,,,,i7r1;,:••••',:t* • ',••-' ;,,,,, ; ;, ,,,.., ,. , __ , ,, ,.!1„,1 irrf li, i 1 ,+ r IIII AF�i■, n ~ „HHNPo'.ICEDEPARTMENT •6 _ ,,,, ,..,:-...,„,...,...„.....-,, - - , i �r 1 � IA \ �\4 r 4 14 1`� �, y > T 1 ti J } , y' alls I I q%, [ ,,, ,,,,i 1 :y,,.,�; '� '�i. In��i`,� .,.,A• lid I 1 C f- - Vir{.' 44 °' 1 i ,';II Y'; -,r , , 5 , 4i i , , ( Omaha Police Department, The overall design approach for the OPD West Precinct aims to create a highly functional and secure facility for a wide West Precinct range of police functions while maintaining a welcoming Elkhorn,Nebraska expression to the community.The building is positioned centrally on the site which sets up the organizational structure of the building's internal layout.The foreground of the building Owner consists of public parking and an entry plaza.The plaza is City of Omaha made up of functional landscape that integrates protective barriers,benches,site walls and shade trees to form an Size outdoor"room”as an extension of the public lobby.A gated 35,850 SF "secure perimeter"surrounds the rear portion of the site and Cost provides a secure outdoor space for police vehicle circulation $10,200,000 and parking around the building. Inside,a north/south circulation spine provides a clear path Scope within the building,connecting the divisions and shared Master Planning,Architecture,Engineering. spaces.The functional zones of the building are reinforced Completion date through the expression of material and form.The southeast 2019 (est.) portion of the building contain the lobby and community room.The materials express the public nature through 10,11 r `' transparency and porosity towards the street.The southern Michael Oestmann,Contract roofline is raised to create a civic presence in relation to Administrator Manager,402.444.4575 the surrounding context and the wood overhang gestures michael.oestmann@cityofomaha.org toward the public street while shading the glass from the high summer sun.A wood ceiling for the lobby and community room is conveyed through the interior,as well as under the entry overhang to enhance the connection between the plaza and public spaces.The community room is surrounded by opaque walls,with a clearstory above. LEO A DALY -L `.d •, j .'. qi. �..5 , .'s., � .'x.r. •\ , 'S ., �- '_� . 4"'•t :— ` ?e • 1, " -„E'er`. 4. P y,- •, , ti .i \� C`s'' to* ieF; h,ll • Stl. s .i . r'0 4:a fM- Ilial _ , i ' III j� k .i1, `'i ii 'A ,___ )46_ 1..fir - Hennepin County Medical The Hennepin County Medical Examiner's(HCME) Facility is located in the Forensic Sciences Building(FSB)located at 530 Examiner Facility Chicago Avenue in downtown Minneapolis.HCME and the Hennepin County Sheriff's Crime Lab share occupancy of the Minnetonka,Minnesota 62,000 gross square foot facility.HCME occupies 39,800 usable square feet on two floors of the east portion of the building and has operated in this location providing medical examiner Owner services to Hennepin County since 1999. Hennepin County This project constructs a new,state-of-the-art medical examiner Size facility to support an expanded regional service model for 68,000 BGSF Hennepin County including the current partners Dakota and Scott Counties and future additional counties.This facility will be Cost located in a city within Hennepin County,MN.This location will $58,000,000 Million provide convenient access for service to Hennepin County as well as for all other county partners. Scope Full scope architectural,interior design and Key elements of the strategic plan: engineering services,cost estimating and consulting services. Create an inviting and modern facility in a location that our employees,customers,and collaborative partners feel Phase I services consist of the schematic comfortable in. design phase. Recruit and retain the best talent in the forensic death Phase II services consist of the design investigation. development phase,construction document phase,bidding or negotiation phase,and Support the educational mission to select,train,and provide construction administration phases. highly qualified talent to the industry through an accredited training program and educational curriculum. Completion Date 2021 (est.) Serve as a resource for coroner counties requiring forensic pathology and death investigation services through an accredited Reference medical examiner facility. Dr.Andrew Baker Chief Medical Examiner,Hennepin County Continue to meet and set the standards and accreditation 612-215-6312 requirements for Medical Examiner services in Minnesota. ��5.,, x R j IIII3' h L .„, . ' _,.,.--. ,i•-• -c-,...,„-ilk lH. r - _ • r ' IL City of Oakdale, Police The Oakdale Police Department is housed in the northern wing of the municipal complex.The expansion and renovation Remodel and Police of the Oakdale Police Department adds needed space for Training Facility Expansion expanded capabilities and enhances the layout within the existing building.This expansion is an opportunity to update Oakdale,Minnesota the facility into a building that is both functional and secure for police operations while providing an approachable presence to the public. As an extension of the existing k,,o,, ,r municipal complex,the design will complement the existing City of Oakdale architecture while providing an updated visual presence and enhancing the adjacent Richard Walton Park. The timing of P'' ' this project corresponds with a city-wide re-branding effort. 41,955 SF The addition draws inspiration from the architectural c.,,,, language of the existing complex,but re-interprets it the $9,900,000 department's identity and reflect the enhanced functionality -,;r:, of the new facility. It is also important that this building Architecture,interior design,electrical, adequately represents the police department and reinforces mechanical,structural,fire protection, the stature of the police department as an important civic civil engineering,planning,programming, institution. design. The 30,192 SF addition will include 22 squad+SWAT Completion Date structured parking,gun leaning,SWAT equipment room, 2020 locker rooms,classroom training,tactical training and virtual simulation training spaces.The renovation of 11,763 SF of the Reference existing facility will provide state of the art facilities for police Bart Fischer squad operations,police evidence and crime lab processing, City of Oakdale City Administrator investigations and police administration offices. 651-739-5086 Bart.Fischer@ci.oakdale.mn.us LEO A DALY ,jiff H 2:-.;`,:.-:17-17..7 .-- .et.., --1---‘•.:----' s .,,c4-- . .-.:., , ,:,,,,, , ,_ .,,,, ,:, _. y4 u N S i y ` S J ' x 3 �'..' fid= '✓. .___-.- 4' C't� ir . 1 { ;44 "VOI �!`.4r .. 'VSA' .r '!, a� L �. a a n, i= - ;i — trei • IJa HERO Joint Use Training The HERO Center's mission is to be a multi-use public Facility safety training center where project partners,members and customers share resources for pre-employment,continuing Cottage Grove,Minnesota education and in-service training for law enforcement officers, fire fighters,emergency medical service providers,and students.The heart of this project is to provide reality based Owner training scenarios,technologically advanced immersion City of Woodbury/City of Cottage Grove based training,access to consistent and meaningful firearms proficiency training facilities as well as an emphasis on the Size coordination between theoretical and field training.The 41,056 SF design is comprised of five"training pod environments". Cost • Training facility with classroom/office spaces(two 50 $18,040,000 student classrooms,one 100 student classroom,and two small breakout rooms) • Architecture,interior design,civil, Indoor vehicle training spaces structural,electrical,mechanical • Simunition labs and forensics labs engineering,predesign,design and • Scenario training spaces construction administration. • Multi-type/multi-degree firing ranges(4 lane/50 yard fixed Completion Date position and 12 lane/50 yard tactical) 2019(est.) • Balistically safe,acoustically buffered Reference • Stationary/moving man targets Jennifer Levitt • Tactical defense training room(mats) City Administrator 651-458-2800 • Locker rooms and ammo support spaces jlevitt@cottage-grove.org SUSTAINABILITY 29 High-quality built environments can be realized without depleting or harming our natural resources. The endeavors of LEO A DALY are driven by a • Burbank Development Community Services Building belief that high-quality built environments can be • realized without depleting or harming our natural Harbor College Wellness Center resources.To achieve this end,we integrate site- • MTA Bauchet Street Storage&Maintenance specific sustainable considerations at the very Facilities onset of our design process.This responsive approach understands cultural,economic,and • BF Saul Building climactic conditions while engaging the particulars • of each project's program,user requirements, site Georgia Gwinnett College Library and geographic surroundings.The results are built • Public Employees Retirement Assoc Offices environments that are efficient to operate creating cost savings and are comfortable from a climactic • GSA Building standpoint while being architecturally innovative and aesthetically pleasing. • MGM Mirage Hotel City Center • As a testament to our LEED ability,our team FAA Oakland ATCT Building completed two Platinum certified higher education • Ft. Lupton Rediness Center projects in Florida as well as numerous Gold certified projects: Silver Projects Platinum Projects • Royal Caribbean Cruiselines Innovation Center • FAU College of Engineering • Broward College South Campus Science Building • Florida Gulf Coast University Arts&Sciences • Florida Gulf Coast University Emergent Technologies Institute Gold Projects • Lake Sumter Health Sciences Building, • St.Andrew's Early Learning Center Cleremont Campus • Broward College Public Safety Bldg 22 Certified Projects • Village of Wellington Town Center • SAC Federal Credit Union, Headquarters • City of Miami Stadium Site Parking • Federal Aviation Administration, NW Mountain • City of Miami Moore Park Region,Sacramento International Airport, Intermediate Activity Level,Air Traffic Control • City of Miami Moore Park Daycare Center Tower Design • City of Miami Melreese Clubhouse • Palm Springs International Airport, Replacement ATCT and New Base Building • GSA Citizenship and Immigration Services Orlando • USACE Ft. Carson • UM Merced Science&Engineering Building LEO A DALY 30 LEED Experience • • Y 00 • 4 46 x .,v: 1116, Village of Wellington City of Doral City of Miami Municipal Complex City Hall Moore Park Wellington,Florida Doral,Florida Miami,Florida Owner Owner Owner City of Wellington City of Doral City of Miami (Public) Size Size Size 54,000 SF 60,000 SF Community Center: 15,894 SF Cost Cost Daycare Facility:2,975 SF Exterior site renovations 244,000 SF $10,500,000 Shell:$11,000,000.00 Interiors:$3,600,000.00 Cost Scope $5,742,808 Full Architectural Services Scope Interior Design and FF&E Scope Completion Date Architectural Design,Construction 2010 Completion Documents,Construction Contract 2012 Administration,LEED Certification g �� U1LD,NC IL 0z ��eU11D/4,,, Completion Date 2014 7 Q c u ILED OOIp N LEL,SAVER ��gUILD,,�,C uscec r. � o IEED GOLD ^ LEO A DALY LEED Experience 31 L11111 , ir imm iiirmri oc.d , 1 mi '1 .7-_li L'"'''-' • I , , , Ir. 1 In",11 fr 1 r %_ ( -.r ,rr is I : 1 1 1 7 t !I I I _-- - r _ ,til e i'I :_-- Fi i . a 331iR _ _ il Royal Caribbean Florida Gulf Coast Florida Gulf Coast Cruise Ltd. University Institute University Emergent Innovation and College of Arts and Technologies Collaboration Center Sciences Academic 7 Institute (ETI) Miami,Florida Fort Meyers,Florida Fort Meyers,Florida Owner Owner Owner Royal Caribbean Cruise Ltd. City of Miami (Public) Florida Gulf Coast University Size Size Size 30,000-SF 62,000 SF 5 Acres 24,600 SF Building Cost Cost $9,000,000 $16,000,000 Cost $7,550,000 Scope Scope Master Planning,Concept Design, Architectural Design Scope Schematic Design,Architectural Full Architectural Services, Design Completion Date Master Planning,Construction 2009 Administration Award Award of Merit,Unbuilt-AIA Palm �eu"-N, Award Beach 2016,Award of Merit-AIA e� Palm Beach Chapter of the Palm Beach 2017 American Institute of Architects � e�� 2014 Award of Merit for Unbuilt Completion Commercial or Institutional Work 2017 Completion 4,,,,001L°'ti� 2016 o '`''' 'ft/1 ui�o, DECD SILVfq W�� c n USGOL n r, USGBL • LEO A DALY 32 LEED Experience e 1 I I �, . F 11f4M11J1 — --- __ INN . .. .,, . . . , ....,. ..„ , _ _ .. �✓ ..,p-, ''''' '11.'''N 4 ti 0 Mi III -Y -- rillyiljpr Florida Atlantic Melreese Clubhouse St. Mark's Episcopal University and Restaurant at Church & School Engineering and Melreese Golf Course Campus Expansion Computer Sciences Miami,Florida Palm Beach Gardens,Florida Building Boca Raton,Florida Owner Owner City of Miami St. Marks Episcopal Church Owner Cost Size Florida Atlantic University 3,800,000 Various Size Size Cost 96,000 SF 17,500 SF $15,000,000 Cost Scope Scope $35,000,000 Design Contract Documents and Complete Architectural Design Contract Administration Services Scope Completion Date Architectural Design p Completion Date 2013 2015 Completion Date 2010gUll0, till!ly 4,�uC1:o m ‘.4 n G LEO A DALY Tab Three LEDA DALY ORGANIZATIONAL Chart 35 Eduardo S. Egea Principal in Charge Public SafetySpecialist/ Ralph Fleitas Todd LaVol F =ro ectanager ' ` 'iii c� a - .a" ':e Architect Lead Planner Sergio Pendas Alejandro Vazquez ` •ro ec rc ec CONSULTANTS THE BOSCH GROUP, INC. TLC ENGINEERING SOLUTIONS Andres Carballido Marwan F. Rashid Cost Estimator/Project Coordinator Senior Project Manager,Technology Daniel E. Borja Vincent L.McNish Cost Estimator/Project Coordinator Senior Project Engineer,Mechanical Darlene Roman-Rossy Gary C. Krueger Executive Director/Program Manager Principal,Senior Structural Engineer Maria B. Bosch Aniel Fernandez Principal/President Senior Project Engineer,Mechanical Matthew W.Mecsery Dr.Ralph Baeza Senior Cost Estimator/Assistant Principal,Electrical Project Manager LEO A DALY PROJECT Team 37 • Cindy A. McCleary AIA,NCARB,LEED AP Vice President,Public Safety Specialist/Lead Planner Cindy has experience with over thirty law enforcement/public safety projects providing planning expertise in criminal justice,forensics, r t evidence,training,holding and emergency response facilities. In the last fifteen years,she has worked on six forensic and crime lab facilities, ` fourteen projects that have included CSU/investigations/evidence '' A i .,-,,Akt packaging processing and warehousing,and thirteen training facilities. 4 Cindy's strong experience with programming,planning,and guidance of user groups has contributed to the success of several projects around the country. LQD A DALE RELEVANT EXPERIENCE IN LAST 10 YEARS movement tracking. Role:Subject Matter Expert/Programmer/Principal, Size:68,000 SF Cost:$13.9 Million, City of Omaha,Omaha Police Contact:City of Forest Lake,Richard EDUCATION Department,West Precinct Peterson,Police Chief,651.209.9725, Rick.peterson@ci.forest-lake.mn.us Master of Architecture Elkhorn,Nebraska (2012-14). University of Minnesota The overall design approach for the Bachelor of Liberal Arts OPD West Precinct aims to create Public Safety Training Facility, a highly functional,secure facility HERO(Health and Emergency University of Minnesota for a wide range of police functions Response Occupations) while maintaining a welcoming civic Cottage Grove,Minnesota 0���if ^_ expression to the community.The 20 years of experience community room is surrounded by The HERO Center's mission is to be a opaque walls,with a clearstory above. multi-use public safety training center REGISTRATIONS The secure zone houses the principal where project partners,members and Architect MN#46940 police functions:roll call,offices, customers share resources for pre- booking/intox,interview,equipment employment,continuing education and Architect ND#1974 charging and storage,locker,exercise, in-service training for law enforcement training room/dirty classroom, officers,fire fighters,emergency medical AFFILIATIONS emergency response unit garage,indoor service providers,and students.The Association of College and motor unit garage and evidence intake/ heart of this project is to provide reality packaging/storage,has a contrasting based training scenarios,technologically Research Libraries character to the public zone,it is solid advanced immersion based training, and opaque.Role:Subject Matter access to consistent and meaningful American Institute of Architects Expert/Programmer,Size:35,850 SF firearms proficiency training facilities as Cost:$10.2 M,Contact:City of Omaha, well as an emphasis on the coordination American Library Association Michael Oestmann,Contract Manager, between theoretical and field training. 402.444.4575,michael.oestmann@ The design is comprised of five"training Society of College&University cityofomaha.org(2017-19). pod environments".Role:Subject Matter Planners Expert/Programmer/Principal,Size: Forest Lake City Center,City Hall, 46,490 SF Cost:$18 Million,Contact: Police,and Fire Facility City of Cottage Grove,Jennifer Levitt, Forest Lake,Minnesota City Administrator,651.458.2800,jlevitt@ cottage-grove.org(2016-20). The new facility integrates multiple city departments(fire,police,evidence,city Palm Beach Sheriff's Office, hall,and community development).It Forensics and Technology Facility strikes the perfect balance between West Palm Beach,Florida approachability and warmth to the public,and safe and secure to the LEO A DALY served as project occupants.The lobby has a welcome architect for a new 52,500 SF evidence public presence and is fully ballistically processing and storage facility.Located protected(disguised)with integrated across the street from the Palm Beach cameras interior and exterior for Sheriff Office existing headquarters,the *Project completed with prior firm. LEO A DALY 38 PROJECT Team Cindy McCleary AIA,NCARB,LEED AP Vice President,Public Safety Specialist/Lead Planner facility will also include a 9,000 SF Crime Miami-Dade College,School Of City of Maple Grove,North Metro Scene Unit and a secure impound lot to Justice Tactical Training Facility Range Expansion Predesign store 600 vehicles.Site development Miami,Florida Maple Grove,Minnesota included preservation of a 34 acre upland habitat.Role:Subject Matter Expert/ The Tactical Training Facility will LEO A DALY is providing professional Programmer,Size:52,500 SF,Cost:$15.9 become an all-inclusive public safety Architectural and Engineering services Million,Contact:Palm Beach County training center to support special for the Predesign phase scope of work Facilities Development,John Chesher, response teams,correctional officer, for the North Metro Range facility.The Director,561.233.0266 jchesher@ emergency response training, public works scope will identify the co.palm-beach.fl.us(201519) Homeland Security and fire rescue high overall public works displaced need, liability training.The facility will provide plus any additional public works growth Joint Law Enforcement&Criminal scenario role play opportunities,an needs at the NMR site.The concept Justice Education Center at officer survival city including rappelling planning for the Fire Department will Hennepin Technical College capability,use of training ammunition, focus specifically on identifying the Brooklyn Park,Minnesota* isolation drills,scenario rooms,virtual physical training needs or componentry judgment simulation labs,tactical for a burn building and other training Cindy was the Managing Partner for driving simulators and defense props for the purposes of supporting this training facility with state of the art tactics training to enhance officer the Maple Grove Fire Department.Role: smart classroom/office spaces,indoor skills in emergency/crisis mitigation Prinicipal in Charge Cost:$8 M vehicle training spaces,simunition labs techniques.The facility will include a City of Maple Grove,Chief Eric Werner, and forensics labs,scenario training fire training lab,tactical lab,dispatch ewerner@maplegrovemn.gov 763.494.6100 spaces,multi-type/multi-degree firing training lab,12 lane fire arms training ranges,balistically safe,acoustically range,mock-courtroom,and mock- Firing Range and Police Training buffered,stationary/moving man intake and physical training room Facility at Washington Dulles targets,tactical defense training room, spaces.Role.Subject Matter Expert Airport Dulles,Virginia locker rooms and ammo support Size:90,000 SF Cost:$23 M,Contact: spaces,crime scene investigations lab, Miami Dade College,Dr.Raimundo The Metropolitan Washington Airports rappelling tower Role:Principal/Lead Socorro,305.237.1327,rsocorro@mdc. Authority facility project includes a Architect Size:67,000 SF,Cost:$22 M, edu,(2015 19). classroom training building,a climate Metropolitan State University,Contact controlled ammunition storage facility, has retired.(2007-10). City of Minneapolis,Police a defensive tactics training space, Department,Property and armorer's spaces,two 50-yard,18 lane Cityof Oakdale,Police Evidence Warehouse Space Needs ranges,one 300-yard,11 lane rifle range, Assessment the relocation of 14 explosive storage Department Renovation and containers and the site development Training Expansion Minneapolis,Minnesota for 75 cars and associated road Oakdale,Minnesota The City wished to assess and define improvements.Additionally,the project the physical space parameters for planned for a future third 50-yard range, Following a needs assessment by LEO a potential replacement and/or expansion of the 300-yard range to 500 A DALY,the City of Oakdale elected consolidated evidence facility to meet yards with engineered berms as well to update their 20 year-old police the current/future need and potentially as potential development of additional department facility by renovating inform real estate acquisition or training structures,including a shoot to accommodate patrol spaces, leasehold negotiations.Additionally, house and gas house for tactical interrogation rooms,conference rooms as evidence types and volumes, training.Role:Subject Matter Expert and administrative areas,locker and and security/sensitivity measures Size:26.4 Acres Cost:Confidential, fitness room and the main lobby.The have evolved significantly since the Contact:Metropolitan Washington design also includes an addition which original facilities,LEO A DALY provided Airport Authority,Bernadette Caparas, contains indoor parking for patrol recommendations,from the national bernadette.caparas@mwaa.com, vehicles,gear storage and armory, expertise,into best evidence intake, 703.572.1318. evidence suite,offices,training spaces, movement,storage and disposal as break room and locker rooms.Role: well as best practices for workflow, Subject Matter Expert/Programmer/ security measures and adjacencies. Principal,Size:11,760 SF Renovation Role:Subject Matter Expert and 30,190 SF Expansion,Cost:$10 M, Contact:City of Oakdale,Bart Fischer, City Administrator 651.739.5086 Bart. Fischer@ci.oakdale.mn.us(2015-20) *Project completed with prior firm. LEO A DALY PROJECT Team 39 Ralph J. Fleitas AIA,LEED AP Associate,Project Manager Mr. Fleitas has worked with a wide variety of project types. Whether his role is Project Manager or Project Architect; he provides project t, leadership in executing the project,controlling budget and schedule, *t managing consultants,and ensuring quality control. He also plays a key qi ,,: a role in the LEED certification process. or- f .ttlSF 11 II LQD A DALE RELEVANT EXPERIENCE IN LAST 10 YEARS and courtyard areas,a playground, a green gathering area with shelter pavilions for outdoor events,benches City of Miami CRA Affordable throughout the park,BBQ grill stations, EDUCATION Housing Project bicycle parking and new tree species to Master of Architecture Miami,Florida enhance the existing park.The existing Florida International University basketball courts and parking areas This mixed-use four floor building were also renovated.Mr.Fleitas was the Bachelor of Architecture is designed to provide twenty-four LEED Coordinator for this project which Florida International University units containing one,two and three was awarded LEED®Gold Certification. bedroom apartments.The medium North Miami MoCA Plaza EXPERIENCE density qualities of the site also provides opportunities for mixed-use Renovations 13 years of experience Miami,Florida development.Amenities include retail stores on the ground floor and a rooftop REGISTRATIONS Project Manager for the renovation of skycourt with a grandview overlooking Florida Registered Architect downtown Miami. the outdoor plaza of the Museum of LEED Accredited Professional Contemporary Art. The 36,000 SF of Miami Dade Police Department hardscape was redesigned to include a Academy new pavers design,lighting fixtures and Miami,Florida landscaping and adapted the space to create a gathering space for outdoor Mr.Fleitas was Project Manager for the events as well as enhanced pathways design of a new 15,300 SF classroom to connect the City Hall,MoCA and the and office building on their current North Miami Police Department. campus. The building was constructed Miami Dade Transit Metrorail Ops of reinforced masonry concrete block and consists of 6 classrooms,7 private Miami,Florida offices,open office space,a break room Project Manager for the modernizations and conference room.The facility has project that includes the renovation of submitted an application for LEED Silver the existing Central Control Facility,the certification. adjacent office space,and upgrading/ City of Miami Moore Park replacing the HVAC,Power Distribution Miami,Florida Units,Uninterruptible Power Supplies, Electrical Systems and replacing Mr.Fleitas served as Project Manager existing systems hardware and for the City of Miami's renovation of software. historic Moore Park creating a new town center for the neighborhood.The Daycare center offers child care services and a new outdoor playground area. New site amenities provide open plaza LEO A DALY 40 PROJECT Team Ralph J. Fleitas AIA,LEED AP Role: Project Architect City of Miami-Clubhouse/ Royal Caribbean Cruise Ltd. Restaurant at Melreese Golf Innovation Lab and Collaboration Course Center Miami,Florida Miami,Florida The Project consists of the design and Mr.Fleitas served as the Project construction of a clubhouse/restaurant Architect for Royal Caribbean's new facility,tennis courts and related site Innovation Lab,a 20,000 square foot improvements including surface parking, high-tech design center attached to the utilities and receiving/loading area.The company's headquarters in PortMiami. 15,000 sf.facility will accommodate a As part of the new addition that pro shop with ancillary space,men's and connects to the existing building,30,000 women's lockers,restaurant/cafeteria SF of the existing space was renovated for 300 patrons including a full kitchen providing a specialized area for the facility and food warming for catering New Build department,designing state events,with a lounge capacity with of the art ships for the cruise line.An seating capacity for approximately 15 important component of the program to 20 patrons,and administrative and involved master planning the expansion support offices and space.This building of Royal Caribbean's three buildings on is LEED®Certified. the Port campus as well as the existing parking structure.Mr.Fleitas was also St. Mark's Episcopal Church LEED coordinator for the LEEDS Silver Palm Beach Gardens,Florida project. Team member for Phase I addition including a new full gymnasium and youth center. The new construction will adjoin the existing pavilion with the new gymnasium. A welcoming lobby with display trophy cases opens into a corridor that runs the length of the gymnasium offering casual seating and views into the covered pavilion. The gymnasium facility will offer bleacher seating for 300,a youth room for multipurpose activities and a Fitness room. Both the Youth and Fitness rooms will be equipped with white boards,overhead projectors and mobile teaching stations. LEO A DALY PROJECT Team 41 Eduardo S. Egea AIA,NCARB Vice President, Managing Principal,Principal in Charge t. Mr. Egea was recently appointed Managing Principal for the Miami 4 ,r`i office of Leo A Daly.With over 25 years of experience as a healthcare :� "' managing principal,Mr Egea is a trusted advisor to clients throughout .. 0 the U.S.,the Caribbean,and South America. His vast experience has I "iv, ranged from system wide master plans and designing large-scale .. / medical and academic facilities,to hospital expansions and renovations. His work and thought leadership was featured in publications such as Healthcare Design,Architect,Architectural Record and Design Intelligence. , 4t LEDA DALY SELECTED EXPERIENCE Mount Sinai Medical Center Sanatorio Alto Madero Master Plan* Maternity&Obstetrics Planning& Buenos Aires,Argentina EDUCATION Renovation Master of Architecture, Miami Beach,Florida RedSalud-Pontificia Universidad Health FacilityDesign&Planningp Catolica de Chile System Wide g Baptist Health South Florida Master Plan* Clemson University Homestead Hospital-Space Santiago,Chile Bachelor of Arts, Planning Homestead,Florida Cayman Islands Cardiac Center Clemson University Master Plan* San Juan VA Medical Center Grand Cayman,Cayman Islands EXPERIENCE Hematology and Oncology Reno 25 years of experience San Juan,Puerto Rico Guaynabo City Hospital* Guaynabo,Puerto Rico REGISTRATIONS HCA Aventura Hospital and Registered Architect-FL,PR Medical Center— MRI Remodel* California Pacific Medical Center, NCARB Certified Aventura,Florida Cathedral Hill Campus San Francisco,California AFFILIATIONS Mount Sinai Medical Center—4 American Institute of Architects Warner Psych Unit Hardening* Woodwinds Health Campus— Miami Beach,Florida Hospital Building Academy of Architecture for Woodbury,Minnesota Health-Chairman,Miami Chapter Hospital Santa Catarina Master Plan and Conceptual Design* Christ Hospital Cardiovascular Sao Paulo,Brazil Program Master Plan and EVA Cincinnati,Ohio Couva Children's Hospital and Multi-Training Facility* Ohio State University Ambulatory Couva,Trinidad Care Center Columbus,Ohio Ciudad Hospitalaria Panama Conceptual Design* Clinica Santa Maria Clayton,Panama Santiago,Chile Pacifico Salud Prototype Clinic* Mendoza Hospital Lima,Peru Mendoza,Argentina University of Miami Proton Beam Burlington Medical Center Therapy* Burlington,Iowa Miami,Florida Sabanera Health Park Master Plan* *Project completed with prior firm. Dorado,Puerto Rico LEO A DALY 42 PROJECT Team Todd LaVold AIA Public Safety/Range Architect Todd has 20 years of experience in the design and management ,, of a wide variety of project types,providing predesign,design and construction documentation as well as owner and consultant coordination as a design lead and project architect. His project experience has focused on public work to enhance communities including public safety facilities:police,evidence,crime lab,fire and training,community centers and public works facilities. LQD A DALE RELEVANT EXPERIENCE IN LAST 10 YEARS and disposal as well as best practices for workflow,security measures and adjacencies.Role:Project Manager/ Architect,Contact:Bob Friddle, EDUCATION Public Safety Training Facility, Director of Design and Construction, HERO(Health and Emergency 612.673.3387 Bob.Friddle@ Master of Architecture Response Occupations) ci.minneapolis.mn.us(2017) University of Minnesota Cottage Grove,Minnesota City of Maple Grove,North Metro Bachelor of Architecture Regional training facility for police, Range Expansion Predesign University of Minnesota fire and EMS.Reality-based training Maple Grove,Minnesota includes two indoor firing ranges, Study is focused on expansion of EXPERIENCE virtual simulation training,and scenario regional training facility and resulting 20 years of experience training spaces.Role:Project Manager plans for displaced departments.Role: /Public Safety/Range Architect,Size: Project Manager/Architect Cost:$8 M, REGISTRATIONS 46,490 SF Cost:$18 Million,Contact: Contact:City of Maple Grove,Chief Eric Architect MN#48181 City of Cottage Grove,Jennifer Levitt, Werner,ewerner@maplegrovemn.gov City Administrator,651.458.2800, 763.494.6100(2019) jlevitt@cottage-grove.org(2016-20). Miami-Dade College,School Of City of Oakdale,Police Justice Tactical Training Facility Department Renovation and Miami,Florida Training Expansion Role:Project Architect Size:90,000 Oakdale,Minnesota SF,Cost:$23 M,Contact:Miami- Dade College,Dr.Raimundo Socorro, Renovating to accommodate patrol 305.237.1327,rsocorro@mdc.edu, spaces,interrogation rooms,and (2015-19). addition which contains indoor parking for patrol vehicles,gear storage and Forest Lake City Center,City Hall, armory,evidence suite,training spaces. Police,and Fire Facility Role:Project Manager/Architect Size: 11,760 SF Renovation and 30,190 SF Forest Lake,Minnesota Expansion,Cost:$10 M,Contact:City of Oakdale,Bart Fischer,City Administrator The new facility integrates multiple city 651.739.5086 Bart.Fischer@ci.oakdale. departments(fire,police,evidence,city mn.us(2015-20) hall,and community development).It strikes the perfect balance between approachability to the public,and City of Minneapolis,Police safe and secure to the occupants and Department,Property and provides training opportunities.Role: Evidence Warehouse Space Needs Project Architect Size:68,000 SF,Cost: Assessment $13.9 Million,Contact:City of Forest Minneapolis,Minnesota Lake,Richard Peterson,Police Chief, 651.209.9725,Rick.peterson@ci.forest- *Project completed with prior firm. Provided recommendations into lake.mn.us(2012-14). evidence intake,movement,storage LEO A DALY 43 1111 Sergio Pendas AIA,LEED°AP Senior Associate,Project Architect Ail Mr. Pendas'career has encompassed a wide variety of project types, Y including healthcare,aviation,commercial office buildings and >d, . warehouses,custom residential,retail,education,and pharmaceuticals - 4 0 facilities and government office facilities.As a Senior Project Manager w` he has been responsible for providing project leadership to develop the ip "' "'7' strategy to execute the project,control budget and schedule,manage consultants,and ensure quality control. He serves as the communication lead for the client and the project team. LQo A DALY RELEVANT EXPERIENCE IN LAST 10 YEARS species to enhance the existing park. The existing basketball courts and parking areas were also renovated. City of Miami Marlins Stadium Both the Community Center and the EDUCATION Daycare Center have been awarded Bachelor of Architecture Parking Garage LEER®Gold Certification. University of Miami Miami,Florida Doral City Hall Associate of Arts LEED Coordinator for the LEEDS GOLD Doral,Florida Miami Dade College complex comprised of four five-story structures,totaling approximately 495,000 GSF of commercial and retail Project Manager for the interior design EXPERIENCEand expansion of the new 60,000-SF space,stadium parking and support 26 years of experience spaces for future residential use.Site Doral City Hall.The program included improvements for six adjacent surface a multi-purpose room off the main REGISTRATIONS lobby,a wellness center for employees, parking lots located to the east and 1991 Registered Architect,FL west of the stadium were included a progressive break room to facilitate LEED Accredited Professional creating a total of approximately 5,800 a collaborative work environment parking spaces.Leo A Daly also de- referred to as"THE HUB",a"One Stop signed the infrastructure for 60,000 SF Shop"center for permit processing and of commercial space. office space for 150 city employees that includes private office suites for the City Manage and Mayor.The City City of Miami Moore Park and Chambers are located on the top floor Community Center of the entry rotunda and is considered Miami,Florida the crowning jewel of the building.The 120-seat Chamber is well equipped Project Architect for the design and with the latest audio-visual resources construction of a new community and to serve the community.The scope of day care center and additional site this project included the space planning amenities.The new community center of the entire facility.The open concept offers administrative offices,multi-pur- carefully located distinct departments pose spaces with a commercial kitchen in a cohesive fashion to allow for clear to cater to events,computer rooms, flow of daily functions and collabora- Arts and Craft,and exercise rooms. tion.The materials,finishes,and fur- The Daycare center offers child care nishings were selected to represent the services and a new outdoor playground city's contemporary and progressive area.New site amenities provide open style,yet in a conservative fashion to plaza and courtyard areas,a play- provide a timeless facility with minimal ground,a green gathering area with updating and maintenance required. shelter pavilions for outdoor events, The open design concept of the facility benches throughout the park,BBQ grill reinforces the flow of work patterns stations,bicycle parking and new tree and collaboration.The entire package LEO A DALY 44 PROJECT Team Sergio Pendas AIA,LEEDS AP Senior Associate, Project Architect was carefully mastered to meet the first-aid room.In addition,our firm is city's goals,support the building's LEED working with Kimley-Horn on a General Silver status and serve the citizens of Park plan to enhance the park's design the City of Doral. with additional parking,improved pedestrian circulation,and improved City of Miami Clubhouse/Restau- facilities and amenities.We held corn- rant at Melreese Golf Course munity workshops to get feedback on Miami,Florida the proposed design as well as answer questions and concerns from the residents Project Manager.The Project consists of the design and construction of a Royal Caribbean Cruises Ltd. clubhouse/restaurant facility,tennis Innovation lab and Collaboration courts and related site improvements Center including surface parking,utilities and receiving/loading area.The 15,000 Miami,Florida sf.facility will accommodate a pro shop with ancillary space,men's and Project Manager for a 20,000 square women's lockers,restaurant/cafeteria foot high-tech design center attached for 300 patrons including a full kitchen to the company's headquarters in Port- Miami.Miami.The addition connects to the ex- facility and food warming for catering isting building in which 30,000 SF of the events,with a lounge capacity with existing space was renovated.providing seating capacity for approximately 15 a specialized area for Royal Caribbean's to 20 patrons,and administrative and New Build department,designing state support offices and space. of the art ships for the cruise line. Using Design-Build and Lean methods, North Miami MoCA Plaza early collaboration between design and Renovations construction teams allowed the project to come together extremely fast and Miami,Florida within budget.Only 10 months from schematic design to full occupancy. Project Architect for the renovation of the outdoor plaza of the Museum of Contemporary Art. The 36,000 SF of hardscape was redesigned to include a new pavers design,lighting fixtures and landscaping and adapted the space to create a gathering space for outdoor events as well as enhanced pathways to connect the City Hall,MoCA and the North Miami Police Department. City of Miami Shenandoah Com- munity Park and Swimming Pool Facility Miami,Florida Mr.Pendas serves as the Project Man- agerfor City of Miami's Shenandoah Park improvements and new swimming pool facility which is currently under development.LEO A DALY was hired to provide architectural design services for the park's new swimming pool and facility;a 50-meter long course pool with 8 swimming lanes incorporating a new bathhouse,lifeguard office and LEO A DALY 45 Alejandro Vazquez RA ,7111, Designer/Planner Mr.Vazquez joins us as a skilled designer,planner and architect at the LEO A DALY Miami office. He works effortlessly with the team to produce projects in all scales including various commercial,residential, local government,healthcare and institutional industries.As a Revit r` certified professional,Alejandro helps the team provide quality aR renderings that envelope the vision and experience of your project. 4011:111 Leo A DALY SELECTED EXPERIENCE Shenandoah Community Park City of North Miami MoCA Plaza and Swimming Pool Facility Renovation Miami,Florida EDUCATION Miami,Florida One Breakers Row Masters of Architecture Palm Beach,Florida University of Florida City of Miami CRA Affordable Housing Project Vi Living at Aventura EXPERIENCE Miami,Florida Aventura,Florida 4 years of experience City of Plantation Fire Station#1 Renovation REGISTRATIONS Registered Architect-Florida Plantation,Florida NCARB Candidate Miami Dade Police Academy Revit Certified Professional Building Miami,Florida Baptist Health South Florida BHE Atrium Courtyard Renovation Miami,Florida Miami Dade College Dyer Courthouse Miami,Florida San Juan VA Medical Center Hematology and Oncology Renovation San Juan,Puerto Rico KLX Aerospace Solutions Headquarters Miami,Florida Miami International Airport Ticket Counter Replacement Miami,Florida Douglas Elliman Real Estate Tenant Improvement Miami,Florida Tab Four LEDA DALY APPROACH and Methodology 49 Strong client relationships have helped LEO A DALY become a leader in the design of the built environment Excellence beyond expectation or security glazing become the ultimate strategies, the foundation of a strong security-minded approach For more than 100 years, our dedication lays in the security zoning and organization of space. to design excellence has produced For public safety facility that means establishing a exceptional spaces that enhance and clear definition of public entry,security zones and perimeters,and through movement paths to reduce enrich the human experience. We are a cross-movement and assure public and staff are team-focused organization, committed physically secure and conversations,imagery and to empowering innovation, creativity sight/sounds of the inter-operations of the PD are and talent. not exposed. For Officers,the focus begins with movement paths and a clear chain of custody understanding,recognizing that the number of steps Strong client relationships have helped or stops on a path directly impacts the potential LEO A DALY become a leader in the design of the for contamination of judiciary evidence.Therefore, built environment,and one of the largest planning, mapping that path of evidence into and out of the architecture,engineering,interior design and program facility,identifying locations for door locks,cameras management firms in the world.Since 1915,we have and other physical measures can improve and had an unyielding focus on design excellence to maintain the integrity of the item. For detainees and create exceptional spaces that enhance and enrich escorted persons,security planning begins with the human experience. Our privately-held practice has a clear path of controlled movement,eliminating more than 800 design and engineering professionals all obstacles that could be construed as weapons in 29 offices worldwide. Lockwood,Andrews& of opportunity and installing provisions to protect, Newnam,Inc. (LAN),a LEO A DALY company, record,observe and document for the purposes extends our capabilities in engineering,infrastructure of maintaining safe occupancy. It is through the consulting,and program management. conversations of zoning,and operational planning that our public safety specialists will integrate Global Experience conversation on perimeter security,alarms,duress, materials selections and visibility. Our award-winning,diverse portfolio includes projects in a wide range of markets in more than 91 countries, Designing for tomorrow all 50 US states,and the District of Columbia. Sustainable design can provide long-lasting Safety and security solutions to operational and structural inefficiencies. Additionally,flexible environments allow local Law Enforcement and Public Safety security governments to adapt to changing technology, evaluation and planning is a dynamic and staffing needs,regulations and functionality well comprehensive integration of physical,operational, into the future. and technological strategies,coupled with the knowledge and research coming from the FBI, Accreditation Agencies,and social trends.Our security evaluation approach is led by our Public Safety specialists and begins at initial evaluation and planning.Whether cameras or door hardware LEO A DALY 50 APPROACH and Methodology Project Team We have carefully reviewed the requirements in the _________ Request for Qualifications,and have assembled a highly qualified team with the experience needed ►i to transform your existing facility into a functional, illi , efficient,flexible,organized and low maintenance . ,I r-1, facility.We will deliver on time,on budget and with j� i.,_ efficient, highest level of quality consistent with the - L resources available.We will meet both the program ri,2 requirements and anticipate the future needs of the •. : ' project. (.!. "We have the strongest combination of police11: , public safety,fire,&emergency response design and r experience serving jurisdictions in all 50 states." Benefit „��� The LEO A DALY team has proven success in the design and delivery of police stations&training Administration facilities,based upon the collective knowledge of design standards created and implemented by local Administrative buildings for government entities agencies across the US.Together,we will address and public institutions need to be practical,durable and resolve issues of programming and process, and efficient while also providing the comfort and efficiency of storage,environmental safeguards, aesthetics of a modern workplace environment. temperature and humidity controls,and security. LEO A DALY's design experience goes beyond attractive to engaging. Our approach results in Public Safety Expertise enjoyable and practical facilities for both patrons and employees that reduce stress and create notable The LEO A DALY team is unique in our understanding operational efficiencies.The challenge of designing and experience in public safety facilities.We have spaces that are built to be durable and operationally contributed to hundreds of police facilities from efficient,while also inviting,is one we embrace as small as 3,400 GSF to as large as 600,000 GSF. wholeheartedly.We strive to turn obstacles into Further,our team provides public safety facility opportunities,resulting in profitable solutions long design expertise to our other 11 offices across LEO after implementation. A DALY,providing our team exposure and knowledge of police stations,evidence facilities,forensic crime Public safety labs,secure vehicle garages,public safety training, EOC's,detention and other mission-critical related Designing public safety facilities requires a facilities.This means that there is no learning curve careful balance between the responsibilities of and provides us exposure to trends across the law enforcement and the public at large.The country.We carry lessons with us on not just the building must be functional and efficient for the high-end solutions,but also the pragmatic and cost- employees who use it on a daily basis and must effective ones,as well. also be affordable,practical and sustainable for the public. Conducting exhaustive feasibility studies allows LEO A DALY to understand the needs of law enforcement officers and the community.We do not use a one-size-fits-all approach;rather,we ask the right questions and reach appropriate solutions with stakeholders to create effective,responsible,safe and secure spaces. ,.ti.ii A DAO I APPROACH and Methodology 51 Leadership communication is instrumental in helping to keep the project on schedule and in eliminating unwanted re- Cindy McCleary, Public Safety Specialist and work and/or redundant work. Weekly team meetings Lead Planner has experience with over thirty law and client conference calls led by the Project enforcement/public safety projects providing Manager,will enable ongoing communication and planning expertise in criminal justice,forensics, foster coordination between all team members.An evidence and emergency response facilities. She integral part of this plan is our methodology for Client has worked on six forensic and crime lab facilities communication,inclusive of monthly status reports and fourteen projects that have included CSU/ and monthly status meetings. investigations/evidence packaging processing and warehousing. Cindy's strong experience with Benefit programming,planning,and guidance of user groups Clear communication from our management team has contributed to the success of several projects is key to the success of this project,including the around the country. provision of timely updates to Miami Beach Police HQ on all major decisions or issues pertaining to the Management Approach successful completion of the work. At LEO A DALY we believe that the achievement of Meeting Minutes excellent design results from a clear management structure and understanding of work scope for Our team will produce meeting minutes and promptly each team member,paired with the ability to match issue them to the team and the client. Minutes of the best professionals to the tasks.The team standing meetings will include old business items organization chart illustrates how the project team is until they are closed.We will utilize Newforma's led by Public Safety Specialist,Cindy McCleary,and Issues Log and other tracking functions,and will Eduardo Egea, Managing Principal while supported issue items and archive them in Newforma as a by our architectural design, planning,engineering and central web-based repository of project information, additional specialized consultants. always accessible to the City. LEO A DALY's management approach begins with a Benefit project plan and kick-off meeting,the establishment This will ensure that Miami Beach is always aware of of project protocols,including for meetings and issues and status,able to provide input and direction, minutes,documentation systems,team member and has easy access to a searchable data platform roles and responsibilities,points of contact,a containing project information. reiteration of Miami Beach requirements and clarification or confirmation of any items required Kick-Off from the City.This enables verification of your objectives and requirements at the beginning,with At project kick-off,the schedule,budget,and scope clarification of anything necessary,and establishment will be reviewed.The schedule will then be updated of clear lines of communication for the stakeholders and reissued at regular intervals,and reviewed and clarity on responsibilities of each party. at regular meetings,giving the City a continuous understanding of items impacting schedule and a Communications regular forum for addressing them as satisfactory to your needs. Communication on any project is important but on a project of this complexity,with a diverse field of Benefit stakeholders,specialists and contributors,the setting Miami Beach's objectives will be achieved and observance of clear lines of communication on schedule. are crucial. Only through clear and effective communication can the interdependencies and complexities of the programmatic and design issues be presented,analyzed and understood. Concise LEO A DALY I 52 APPROACH and Methodology I \ A , • i ' Pi *1K' I ,N.,11. 1 Nr -+� Stakeholders Benefit This will ensure that Miami Beach has a good The design team will determine stakeholders and understanding of the design team's ongoing work points of contact at project initiation and outline and has the opportunity to make informed decisions a process and schedule for coordination with throughout the design. stakeholders such as City officials,the facility manager and end-users,operational groups, Diverse, qualified personnel and and others. sub-consultants Benefit LEO A DALY promotes diversification within the firm This will give Miami Beach the benefit of the design and when teaming with consultants. We understand team's knowledge and expertise regarding the that we are better together as a unified team and to design process and appropriate times and forms of that end we look for the best consultants with the interaction with stakeholders while the City makes appropriate experience to elevate the project.With final decisions and maintains control of the overall this in mind we utilize a pool of qualified consultants management of the project. that we work with from surveying,soil testing, MEP, structural and cost estimators. Many of which are Technical Issues MBE/MWBE or SBE certified.We bring in specialist when needed such as Action Target to further Finally,technical issues are critical to the success enhance the team. of the project,as are programmatic issues of environmental design,human comfort and building The proposed team we have for your project includes constructability and ease of maintenance.The The Bosch Group a local Miami MWBE firm that design team will determine the appropriate parties we have worked with on numerous pursuits. We designated by the City to review design solutions. have proposed TLC Engineering for Architecture for To address these issues,and we will propose an Structural, MEP and security since your renovation engagement process for the City's consideration deals with areas of expertise with security controls and direction.We will engage with those individuals and air quality specialist are selection is based on in discussion and review of these issues and in the who will bring the needed expertise.As we can development of design solutions,specifics of product further enhance the team with MBE/MWBE or SBE selections,and digital performance modeling on an we will do so and provide opportunities to include ongoing basis throughout all phases. local participation. E.En 4:)ALY APPROACH and Methodology 53 Quality Control LEO A DALY has a rigorous Quality Assurance/Quality Control (QA/QC) program that will be applied to all deliverables to Miami Beach.This program contains Biu.,- lip detailed instructions to the project team members concerning activities, record-keeping, planning, and monitoring of project activities. Quality applies to everything from project management to delivery- organization, people, controls,technical work,and .., . ,, documentation. Quality Management is a central focus in our project management approach. We are committed to understanding and defining your requirements and measuring,throughout the design and construction process, how well the project performance meets your required standards.This includes our use of industry-standard norms such as the National CADD Standard's Uniform Drawing System and MasterSpec's system of organizing information and describing products and materials. The process ensures accuracy, adequacy and clarity of our work products. Benefit The City will receive high-quality documents,the primary purpose being is minimize construction changes,cost increases,and delays. And it will ,,, ensure that the City and others required to use our documents will find them to be clear and user-friendly, avoiding confusion, misunderstandings or difficulty finding information. Cost/ Scope Management -q A key part of the Project Management Plan is the cost plan. LEO A DALY will help define priorities and will document these priorities in a Project Management Plan. Project costs will be monitored from start to finish. Construction cost control begins at the Programming phase to validate the design against the budget and is analyzed and adjusted at each ,;r' phase before moving on to the next phase.This ensures that good advice and thoughtful planning have been applied to the development of the program with an appropriate depth of engineering input. 44.01111111 These exercises are not produced in isolation at the end of each phase, but rather at the onset with the collaboration between designers,engineers,and stakeholders throughout each phase of work with our construction cost management process and Cost Estimator. By applying a Value Management approach,the team is able to consider options, alternatives,and strategies throughout the project. LEO A DALY 54 APPROACH and Methodology Our commitment to Value Management enables the leadership of the design team to work in a Value _ \� \ Engineering mode at the technical level throughout y the project. Our proposed Cost Estimator The Bosch __ Group will ensure that Miami Beach receives an unbiased opinion of cost that has been verified ?Ifs,., ■F . and coordinated. Benefit This will ensure that Miami Beach's objectives are achieved within budget. Schedule Control Effective planning and the timely accomplishment of activities is a central skill of project management. Schedule preparation is a core part of our Project Management Plan preparation. Key to this effort • is the ability to identify critical activities and set realistic durations for activities. Our Project Manager jit�i will prepare and maintain a detailed GANTT chartyy } containing milestones,stakeholder review periods, � ' ® ` E' jurisdictional review periods,and relevant project 4'iic,;;;I:F.:1_::::::,...-;-,:1:;..,t....,L,T,:::. .: activities. He will also use critical path network scheduling as a tool for developing solutions to a _ � fN- _scheduling problems and as a management tool for /. x, ``. .,� leading the project effort through complex activities. ,� _ L.F �. li //' Benefit ;/ �� _ `, -._'L- We will achieve the City's objectives within a (- /):, % `- realistic timeline. ,' '� • i ., • , Past Performance ` — _ "_ -L e�`` At LEO A DALY,our clients are our partners. Our firm strives to add value by aligning ourselves with our IMP clients'goals and objectives,to aid and contribute to our clients'success by enhancing their productivity, process,product quality,or cycle time.We judge our ' .0•111011111 success in several ways. The level of satisfaction our clients express is as . important yardstick.We believe there is no better expression of our clients'faith in our firm's value •, . than in their seeking us out for additional projects and counsel.We are extremely proud that our annual repeat business averages more than half of all work performed.The greatest compliment we can receive is our repeat clients'continued faith in our abilities --- and services. AINIIIIIIr The quality of the environments we create is paramount.We are the recipient of over 800 design e 1 ` , _ and engineering awards, including 39 AIA Design ,- :411411.111.11111P' - Awards,and 12 National Association of Industrial and Office properties and 12 USGBC awards. LEO A DALY APPROACH and Methodology 55 Functionality and Air Quality issues • Proper selection of bullet trap at fixed ranges to regarding Firing Ranges capture intact bullets,which minimizes noise exposures and reduces lead particles in the air With more than 100 public safety training facility from bullet fragmentation; projects designed,LEO A DALY places safety first. • Utilization of acoustical sealants at all penetrations The ranges we have designed include the proper use and cracks; of canopy and overhead baffles,backstops,deflector plates and bullet traps to manage direct-fired • Proper selection of doors,frames and glazing to and ricochets within pertinent the range master console of foam encased steel to projectiles minimize vibration from impulse noises;and danger zones. • Use of observation windows to withstand bullet These projects have ranged from new facilities to impacts and sound reduction. renovations including enclosure of facilities for local and state law enforcement agencies and the Site design United States military.We have provided scoping Law enforcement training facilities(particularly if studies/concept designs,design-build RFPs and co-located with an emergency fire response facility) complete bidding documents,as well as construction must be sited to minimize exposure to natural administration. disasters.Site design is guided by avoidance of flood To provide Miami Beach with the leading design plains,earthquake resistance,protection against expertise related to firearm training facilities,we prevailing storm bearings and recognition of micro- would like to add Action Target to our team,a firm climactic site conditions. that has installed hundreds of gun ranges in the Additional site considerations include: United States and in more than 25 countries. • Access, parking and security for 24/7 operations This team of experts will design to address the with alternate site ingress/egress; following: • Facility security and explosion resistance based on Ventilation and lead containment AT/FP requirements; Ventilation is the most important engineering control • Accommodation/separation of media vehicles and p g g communications connections; to protect against lead exposure. Range-specific system design takes into account the ammunition • Possible new curb cuts to roads,signal and city velocity,proximity and proper directional air coordination;and pressurization.Sophisticated systems can check • Neighbors'input regarding traffic density,noise and operating conditions,alert range operators if levels aesthetics. are exceeded and capture lead and sulfur from exhausted air.Strategies for the design of proper Key standards ventilation and lead containment are: There are a variety of critical resources and standards • Introduce supply air up range at the firing line in the proper design of lead-containing firing ranges. through a constant volume and even distribution; A few critical resources we use,in addition to owner • Calibrate for even air distribution to eliminate areas standards,are: of reverse flow or turbulence;and • NFPA 1500&1581 • Provide greater exhaust air quantitates than supply • Federal OSHA General Industry Lead Standard (29 air to ensure negative pressurization. CRF 1910.1025) Noise exposure and range enclosure design • NIOSH Standards for Airborne Lead A comprehensive firing range design includes • Department of Justice Fire Range Design Standard provisions for sound construction and close • US Army Corps of Engineers Design Manual for monitoring of construction installation. Unplanned Indoor Ranges pathways(improperly sealed joints,electrical outlets, spaces doors and frame perimeters)significantly • Navy's Environmental Health Centers Indoor Firing contribute to airborne noise transfer and heavily Ranges Industrial Hygiene Technical Guide burden a mechanical system to compensate for • Federal OSHA standard for Occupational Noise(29 pressurization leaks.Additional considerations are: CRF 1019.95) LEO A+SAL. 56 APPROACH and Methodology Project Approach with an internal team"paper review"of all existing documents so our mobilization on-site is swift, The Integrated Process—We use an integrated direct and well planned. If appropriate we can issue full-disciplined approach.We find it to be both questioners or pre-review conferences with user an informed approach to project definition and groups and systems maintenance staff.We dispatch development,as well as a trust-building opportunity the full A/E team to comb through the building across the client and team.The entire team,including verifying systems while our public safety specialists architects,designers,engineers and client will review organizational layout,security perimeters and participate at kick-off,key meetings,charrettes and provisions,room performance and physical size. review sessions.We place value on full team and Much can be understood by"watching operations inter-disciplinary participation. occur"as inefficiencies are quickly identified,as Communication Procedures— effective well as potential security vulnerabilities.We prefer communication is fundamental to assure clarity, to work with user groups to facilitate"a day in the continuity and follow-up. review conferences will be life"walkthroughs to better understand workflow strategically scheduled,involve technical disciplines and obstacles.After these recon meetings,the and will be documented with minutes to assure A/E team documents findings and preliminarily responsible follow-through. scopes the project and phasing needs. Review with County facilities and CM@R will affirm the level Responsiveness— all phone calls,requests and of renovation/expansion to achieve the greatest emails will be responded to within one business day. needs with the budget. Final report deliverables will a project team contact list will be developed to assure establish the project vision,scope,and projected owner and team rapid access to communication with budget including all construction and soft costs;as email,direct dial and cell phone information provided this will be the basis for all future phases. for leading members. Schematic Design Phase—The Objective of the The Work Plan is the organizing structure for the SD phase is to investigate options thoroughly but process;constructed with the entire team and swiftly and to arrive at a preferred option for deeper updated throughout.At kickoff,we will create a investigation.The SD investigation,for the public schedule of decisions to keep the team on track safety project specifically,will focus primarily on and identify critical paths and interdependencies efficient internal workflows and safe security zones, of all project tasks,participants,responsibility and exterior image and presence,and preliminary deliverables.The work plan outline illustrates the construction phasing. It will also include meeting approach that we recommend. Our first step is always the guiding principles of the scoping assessment, to review the work plan with your project leadership utility and infrastructure planning,preliminary building to align the plan with your needs and objectives.With official review and budget validation.We will utilize necessary adjustments in hand,we will proceed. the same project team for planning for renovation and expansion Public Safety as the assessment to assure Approach to input/reviews— Public Safety facilities continuity and integrity of security recommendations. are secure,operating facilities conducting critical business and justice for the community.And while Design Development Phase— In this phase,the focus no phased project—while remaining operational is on detailed layout of spaces and refinement of — is easy,we have found that an integrated exterior wall and roof assemblies as well as systems approach involving County User Groups,IT,Security approaches and primary central plant products and and Maintenance is the most effective and scope. Interior Finishes will be confirmed,and the straightforward way of getting all entities operating overall layout of the renovation will be"locked in"for in unison and minimizing obstacles.Therefore,we further refinement. Meetings with County IT, Facilities, use a combined approach of deep-dive user group Maintenance as well as authorities having jurisdiction workshops,and multi-party workshops to facilitate will be heavily integrated into this phase.The design informed approaches. team will generate detailed drawings and renderings of the project,and will ask for and integrate user Scope&Assessment— Perhaps the most critical input,CM@R budgets and approval of design. phase of the project,is the initial security assessment and operational evaluation of the facility.We begin LEO A DALY APPROACH and Methodology 57 o.z • ,r • may. " ,W • 4114' 4 _ 410;;� ) . Construction Documents—This phase focuses targets of threat.Vulnerability is not an option and the specifically on the details,cut sheet selection,clash safety and confidentially of occupants,conversations, coordination and specifications for final issuance to case files are of utmost consideration.Yet,the the CM@R.We anticipate this phase will be focused public needs to interact with the facility and must on detail refinement of systems,envelope,site and see Public Safety as an advocate,a confidant and a roof as most of the interior planning and design protector.Therefore,both the image of the exterior decisions have been made in DD. Project selections and the physical experience of entering the facility will be finalized and reviewed. Detailed page turns and engaging with law enforcement must be attuned with the CM@R,user groups and County Facilities to the physiological responses of people under stress and Departments will assure all are on-board and or frustration.While secure,through both visible and affirms the final scope. invisible means,the entire public interface needs to be responsive. Additional Pertinent Information Workplace Interiors Understanding-Key Issues Given the other pressing requirements of the Public Though not requested by the RFP,we are offering Safety Facility,it may seem that the workplace our thoughts on some of the key issues in planning environment is of less importance.That simply is this facility,based upon what we have learned of the not the case. Public Safety professionals deal with a project. wealth of daily activities and topics,some of which come with heavy emotional burdens.There is a need Welcoming and Secure for spaces that provide for comradery(whether a roll A public safety facility holds a critical responsibility to call room that can also host a retirement party and be both secure and approachable.They must achieve interact casually),and a place for quiet reflection, the technical and organizational requirements concentration or solitude after a difficult situation. related to security control perimeters of public,public These needs will be considered and addressed escorted,authorized secure,and authorized holding through the expression and amenities resulting in a spaces. We recognize the importance of sequence balanced workplace.We work with our user groups movement control from sally port to evidence or to and our client's standards,using visual imagery,tours interview. We recognize that these facilities can be and other means to establish the right tempo for the spaces needed to serve today's work. LEO A DALY 58 APPROACH and Methodology Evidence,Chain Of Custody,and Defensibility is not anti-microbial.These details, in combination and the awareness of accreditation standards Officers know the chain of custody like the back influence our work. of their hand. How they collect, retain,transfer and authenticate is a part of what they do. However, Confidentiality through our experience visiting hundreds of operating police facilities,we have seen how the building can Adequate provisions for confidentiality are crucial get in the way of the best intentions.The public within Public Safety facilities. Having space available expects evidence reliability. Our legal system is for active investigations that can be closed and limit based upon legal defensibility,or opportunistic legal acoustic leaks of discussions is highly important. For vulnerability.The protection of the integrity of the Police, confidentiality is not only including acoustic case is often managed by protocol,yet we are all separation or juvenile separation but also visible human. We believe that effective architecture can separation of victim and perpetrator,of the evidence reduce protocol and reduce opportunities for liability. being taken in,of the activities and discussions occurring in the squad room or report writing area,or Adequate evidence and vehicle storage is a challenge the paperwork or information located on the desks of and increasing burden and concern across the staff.A few of the questions we utilize in developing a country.Adequate and appropriate evidence space IS public safety facility are as follows: NOT JUST a space issue;it is a CHAIN OF CUSTODY issue. Each time material is moved,crosses public • Does the lobby enable the separation of multiple or semipublic spaces, is accessible or visible by parties,without bringing folks into staff areas public or other staff, is processed or packaged by (where they can see or overhear information they individuals affects the ability for the credibility of should not?) that item to hold up in court. Evidence storage and • Does the lobby interview room adequately provide processing spaces must be critically developed.The privacy from the lobby? temperature within the room,the humidity control (particularly for biological and drugs),and the way in • Does access to and from interview rooms limit which HVAC is served are also critical considerations overhearing conversations about other current in the development of these spaces and can impact investigations, or staff report writing, or support a jurisdictions ability to pursue a case. • Are spaces appropriate for soft interview needs or Evidence, Biological Hazards and Accreditations children or victims? The industry is advancing quickly,and with it, awareness and intensity on evidence integrity, Survivability and Continued Operation facility accreditation and biological hazards faced As a department that is likely to remain operational by officers. It was a known fact in the industry that under emergency,the facility must stay intact, the onset of forensic shows in the mass market structurally stable,and functional during an produced what was known as the"CSI effect",the emergency event.Systems considerations include expectation by the public of evidence collection and providing proper capacity and potential redundancy reliability. But it also highlighted what was already of communications, mechanical systems, and UPS/ known by officers,that they are exposed to a variety generator power. Sufficient fuel supply and storage of chemicals and biologicals over the course of a should be considered,and emergency power provided standard day.This influences significantly how we to enable load shedding. Exterior communications plan and design facilities. For example,the program equipment should be located and protected such that calls for lockers and the decision between Metal they do not become facility damaging projectiles and or PLAM is seemingly benign. However, material the building should allow for quick access and repair handled by the officers crosses through many of communications antennae. environments, in the trunks of squad cars, handled by officers that have met hundreds of people and perhaps other evidence. And then,they are returned to the station and placed atop PLAM,a material that CONCLUSION and References 59 Our singular goal is the City's complete satisfaction. We strive to achieve this by placing your best interest first. Conclusion HERO (Health and Emergency Response Occupations)Joint Use Training Facility At LEO A DALY we value,above all else,the Jennifer Levitt opportunity to work with successful partner clients. City of Woodbury and City of Cottage Grove Miami Beach is one of the valued clients in our Cottage Grove, MN practice.The success of our past and current 651.458.2800 collaborations with other municipalities has been identified throughout this proposal. Our singular City of Forest Lake City Center,City Hall, Police,and goal is the City's complete satisfaction. We strive Fire Facility to achieve this by placing your best interest first in Chief Richard Peterson, City of Forest Lake our minds. We look forward to the next steps in the Forest Lake, Minnesota committee's selection process and thank you for the 651.209.9725 opportunity to submit this proposal. City of Omaha,Omaha Police Department, References West Precinct Michael Oestmann Fairfax County: Basic Ordering Agreement City of Omaha Professional Services Contract Elkhorn, Nebraska Teresa Lepe 402.444.4575 Fairfax County Department of Public Works& Environmental Services Palm Beach Sheriff's Office,Forensics and 12000 Government Center Parkway,Suite 449 Technology Facility Fairfax,VA 22035 Fernando DelDago 703.324.5168 Palm Beach County Facilities Development West Palm Beach, Florida Fairfax County: Interior Design Architecture/ 561.233.0266 Engineering IDIQ Contract Bill Robinson Fairfax County Facilities Management Department 12000 Government Center Parkway Fairfax,VA 22035 703.324.2886 DC Department of General Services:A/E Design &Redesign Services IDIQ Contract Chris Regan, Project Manager Douglas Development Corporation (Former PM, DC Housing Authority) 1133 N. Capitol Street, NE, Room 147 Washington, DC 20002 202.543.4634 Tab Five LEDA DALY Contract exceptions submitted in a separate envelope. 0 _, .. A LQOADALY PLANNING ,11 ARCHITECTURE ENGINEERING INTERIORS 11111, • \ 's . • Eduardo S. Egea -w"°""""v41111 111" 1 Vice President, - Managing Principal r esegea@leoadaly.com .. 786.257.5955 s. ' 1rt /;'' lib 5200 Blue Lagoon Drive,Suite ( — 700, Miami,FL 33126 LDPR License#AAC000734 k�, l' i leoadaly.com 45 SCHEDULE B CONSULTANT COMPENSATION Total Project Cost $ 1,083,387.00 Project Reimbursable Allowance Not to Exceed $ 13,961.00 Overall Contract Value $ 1,097,348.00 Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the individual tasks. In the event that, through no fault of the Consultant, Construction Administration services are required to be extended, which extension shall be subject to prior City approval, and what shall be at the City’s sole discretion, the Consultant agrees to extend said services for an amount to be negotiated and accepted by the City, per month, using a CSO for the duration required to complete the Project Note***: The Reimbursable Allowance belongs to the City and must be approved in writing, in advance, by the Project Administrator. Unused portions will not be paid to the Consultant.