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Calvin Giordano Submittal RFQ #PL2015-15 Complete Streets Policy & Design Standards Manual_CGA
City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual SECTION A TITLE PAGE REQUEST FOR QUALIFICATIONS FORCOMPLETE STREETS POLICY & DESIGN STANDARDS MANUALRFQ NO. PL215-15 August 7, 2015 10:00AMCALVIN, GIORDANO & ASSOCIATES, INC.1800 Eller Drive, Suite 600Fort Lauderdale, FL 33316(954) 921-7781 (Office)(954) 921-8807 (Fax) INDIVIDUAL AUTHORIZED TO MAKE REPRESENTATIONS FOR CALVIN, GIORDANO & ASSOCIATES, INC. SHELLEY EICHNER, AICP Senior Vice President 1800 Eller Drive, Suite 600Fort Lauderdale, Florida 33316(954) 921-7781 (Office) / (954) 921-8807 (Fax)marketing@cgasolutions.com PROJECT MANAGER ERIC CZERNIEJEWSKI, P.E., ENV SP Director of Traffic Engineering / Project Manager1800 Eller Drive, Suite 600Fort Lauderdale, FL 33316(954) 766-2758 (Office) / (954) 921-8807 (Fax)eczerniejewski@cgasolutions.com 1 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual SECTION B TABLE OF CONTENTS Section A Title Page ....................................................................................................................................................................................1Section B Table of Contents .....................................................................................................................................................................2Section C Cover Letter and Executive Summary ............................................................................................................................3Section D Firm Overview ..........................................................................................................................................................................6 •Business Structure..........................................................................................................................................................8Section E Personnel and References ...................................................................................................................................................9 •Organizational Chart .....................................................................................................................................................9 •Primary Individuals ....................................................................................................................................................10 •Resumes ...........................................................................................................................................................................11 •Project Experience (Reference) .............................................................................................................................29 •Licenses and Certifications ......................................................................................................................................32Section F Other Relevant Experience ..............................................................................................................................................34Section G Proposed Approach for Completing the Project .....................................................................................................37Section H Required Forms ....................................................................................................................................................................41 •Professional Services Agreement •Fix Fee Schedule •Respondents Qualification Statement •Litigation Statement •List of Proposed Subcontractors and Principal Suppliers •Non-Collusion Affidavit •Public Entity Crimes and Conflicts of Interest •Drug Free Workplace •Acknowledgment of Conformance with OSHA standards •Affidavit Concerning Federal & State Vendor Listings •Related Party Transaction Verification Form •Presentation Team Declaration/Affidavit of Representation •Certificate of InsuranceSection I The Invitation for Proposal and Instructions to Respondents •Acknowledgment of Addenda 2 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual SECTION C COVER LETTER AND EXECUTIVE SUMMARY See the following page for our Cover Letter and Ex-ecutive Summary. 3 4 5 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual SECTION D FIRM OVERVIEW FIRM OVERVIEWCalvin, Giordano & Associates, Inc. (CGA) is proud to be celebrating 77 years in the Civil Engineering Indus-try . W e are excited to present our firms qualifications, experience, staff and personal commitment to City of South Miami. With CGA you will be getting a firm with a proven track record, technical excellence, exception-al project management, reliability , responsiveness and a dedication un-paralleled.CGA began as a small, two-person surveying firm called M.E. Berry & Associates in Hollywood, Florida. Known today as Calvin, Giordano & Associates (CGA) we’ve grown dramatically , adding new services, new offices and an incredibly talented group of 300+ employees. Because of our diversity , CGA can control the entire process, offering a host of professional services as a one-source partner , or efficiently tackle time-sensitive individual projects, providing customized solutions with handpicked teams of highly experienced professionals. Custom building Exceptional Solutions is the core of our business. CGA has extensive experience in delivering traffic and transportation engineering and transportation planning services to municipal Clients on projects similar in nature of the services outlined in this RFQ. The CGA team has the capabilities to provide the necessary analysis for this project and are experienced the following core services: traffic & transportation engineering and roadway design that specializes in traffic and mobility analysis, traffic operations, parking studies, traffic signal warrants, transportation mobility special studies, GIS, inventories and complete transportation infrastructure construction plans production. CGA staff has being involved in transportation and traffic contracts with the Florida Department of Transportation (FDOT) and many other public and private agencies throughout the State of Florida providing similar services to those required by the City of South Miami (the City) Contract.CGA is a unique firm in that it has the capability and technology of any Engineering / Surveying Firm with a service oriented and sound quality control ideolo-gy. This ideology is the reason CGA has been award-ed engineering contracts throughout south Florida for over 75+ years and why we support hundreds of engineering clients. Our experience is extensive, but it’s nothing compared to our commitment in provid-ing the ultimate in quality, service and support to the City. Our goal is to bring our unique and special “cli-ent satisfaction” approach to the City. CGA desires to continue to be a part of City’s consulting staff for years to come and considers the City of South Miami one of their most valued Clients. CGA is highly qualified, ex-perienced and is extremely interested in performing Traffic and Transportation Engineering and Transpor-tation Planning Services for the City including but not limited to the following: •Traffic Studies •Multimodal Levels of Service Analysis •Roadway Segment and Intersection Capacity •Conduct Mobility Plans for Greenways, Bike-ways and Pedestrian Routes •Conduct Transit Studies •Adequacy of Facilities (Transit, Bicycle and Pe-destrian) •Development of Traffic Calming Plans •Safety Improvement Control Plans 6 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual •Signing and Pavement Marking Plans •Cost Estimation of Projects •ustainable Design Standards and Trends •ADA Guideline Compliance •Synthesizing Crash Data CGA’s staff is currently involved with similar transportation and traffic contracts with municipalities and the Florida Department of Transportation (FDOT) District 4 and 6, public and private agencies throughout the State of Florida. CGA is currently acting as the City Traffic Engineer for the City of Weston, City of Pembroke Pines and the Town of Surfside as well as holding Traffic and Transportation Continuing Services Contracts with the City of Boca Raton, City of Cooper City, Town of Davie, City of Delray Beach, City of Hallandale Beach, City of Key West, City of Miami Beach, City of Miramar, City of North Lauderdale, City of Oakland Park, City of Pompano Beach, City of Sunny Isles Beach and the City of West Palm Beach as well as other government agencies.The CGA team is prequalified with FDOT to offer the following services: Minor and Major Highway Design; Traffic Engineering Studies; Traffic Signal Timing; Signing, Pavement Marking and Channelization; Lighting; Signalization; Systems Planning; Subarea/Corridor Planning; Land Planning/Engineering; Traffic Calming; and Transportation Statistics. The primary focus of the CGA team is to provide a comprehensive and practical approach to solving current and future transportation challenges. The firm supplies professional transportation and traffic engineering services that are cost effective and responsive to a wide range of clients in both the private and public sectors. CGA is proud of its ability to develop safe and effective transportation systems. We strive to foster economic growth and prosperity while providing safe, efficient and environmentally sound transportation solutions. CGA has a comprehensive team of professionals with a specific skill set and expertise to provide all of these services to the City of South Miami. The responsible office that will be serving the City is: (a) Calvin, Giordano & Associates, Inc.Headquarters1800 Eller Drive, Suite 600Fort Lauderdale, FL 33309Tel. (954) 921-7781 (b) Shelley Eichner, AICP Principle-in-Charge / Senior Vice PresidentContact Person and permanent liaison: Eric Czerniejewski, P.E. Director of Traffic Engineering (c) 1800 Eller Drive, Suite 600Fort Lauderdale, FL 33309 (d) Tel. (954) 921-7781Fax: (954) 921-8807 7 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual D/B/ACorporation Calvin, Giordano & Associates, Inc.1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316Tel: (954) 921-7781 / Fax: (954) 921-8807 / www .cgasolutions.comDate / State Incorporated June 27, 1985, FloridaDate Authorized in Florida Authorized in Florida 1937 as M.E. Berry & Associates, Inc.F ormer Firm NamesCurrent Firm Name M.E. Berry & Associates, Inc. 1937/ Berry & Calvin, Inc. 1985Calvin, Giordano & Associates, Inc. (Name change January 10, 1997)FEIN / Dunn & Bradstreet No. 65-0013869 / 044297369Professional Employees by Classification Administrative 74Chemical Engineers 01Civil Engineers 19Construction Inspector 28Electrical Engineers 01Landscape Architects 04Planners: Urban/Regional 09Permitting Specialists 26Surveyors 03Transportation Engineers 03Computer CADD Technicians 05Field Surveyors 08GIS/Data Technology Specialists 10Code Enforcement Specialist 15Environmental Specialists 01Environmental Field Crew 01Landscape Designers / Inspectors 04Biologist(s)/Indoor Air Quality 01Other Employees 95 TOTAL 308Officers/Directors Dennis Giordano President/CEO/DirectorShelley Eichner, AICP Vice PresidentKarl Kennedy, PE Vice PresidentTammy Cook-Weedon, RLA Vice PresidentSteve Watts, PSM Vice PresidentChris Giordano Vice President/TreasurerDawn Hopkins SecretaryOwnership Dennis J Giordano 33.12%Shelley Eichner, AICP 18.46 %E.S.O.P. 43.45%Treasury Stock 4.97% BUSINESS STRUCTURE OF FIRM 8 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual SECTION E PERSONNEL AND REFERENCES ORGANIZATIONAL CHARTThe organizational chart for this project is as follows: 9 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual The Primary Individuals who will provide services to the City with regards to the day-to-day relationship with the City will be the Project Manager, Eric Czernie- jewski, PE, ENV SP, who will be the City's primary point of contact, Diana Rivas, P.E., Traffic Engineer, and Richard Cannone, AICP, Planning Administrator. ERIC CZERNIEJEWSKI, PE, ENV SP Director of Traffic EngineeringCGA’s Project Manager, Eric S. Czerniejewski, P.E., has 19 years of experience in transportation infrastructure design, traffic engineering and transportation planning. He has experience in transportation projects that include preparation of traffic studies including corridor studies, traffic impact studies, mobility studies and parking utilization and reduction studies. He is also specialized in signalization design, roadway design, managing, designing and permitting select transportation infrastructure engineering projects; planning, developing and coordinating civil engineering design documents; and coordinating construction engineering and inspection. RICHARD CANNONE, AICP Planning AdministratorMr. Cannone assists in rep-resenting various municipal clients of CGA in Miami-Dade, Broward and Palm Beach Counties by reviewing ap-plications, preparing staff reports and attending meet-ings for current planning activities, including devel-opment applications such as rezoning, site plan and plat review, special exception, conditional use, annexation studies and design guide-lines. Development and management of implementa-tion strategies, development of Targeted Area Plans including linkages to economic development and capi-tal improvements. Development of mixed use land use and development regulations and the creation of over-lay and special overlay districts. DIANA RIVAS, PE, Traffic EngineeringMs. Rivas has seven years of experience in Florida as a traffic engineer. Her ex-perience includes analysis and design in traffic signals, traffic operations, Intelligent Transportation Systems. She is knowledgeable of MUTCD, FDOT design standards and specifications, Plans Prepa-ration Manual, Highway Capacity Manual, ITE’s Traffic Engineering Handbook. She has worked on transpor-tation projects and traffic studies for FDOT Districts 2 and 4, Palm Beach, Broward, Duval, St. Johns, and Alachua Counties as well as various south Florida mu-nicipalities. RESUMES See the following pages for the resumes of all other key personnel selected to provide the services requested in this RFQ. 10 SUMMARY OF QUALIFICATIONS Ms. Eichner is a Senior Vice President and a Partner of Calvin, Giordano & Associates and oversees all private sector and public sector planning activities. She has over 30 years of diversified planning and platting experience in securing land development approvals, land use plan amendments and local government planning. Ms. Eichner previously served as Senior Planner for Broward County’s Department of Planning and Environmental Protection. She managed and supervised plat applications, created a permit monitoring system, and monitored compliance with all aspects of development approvals. Duties included coordinating the development review agencies in the preparation and adoption of the ordinances amending the Weston Development of Regional Impact. PROJECT EXPERIENCE Growth Management Director and Provision of General Planning Services: City of West Park, City of Weston, Town of Surfside, Town of Loxahatchee Groves. Responsible for all planning activities, including plat and site plan review as well as the creation and modification of land development regulations; establishment of zoning, landscaping, sign codes; and, preparation of a master park plan. Oversaw communication and coordination between city management, elected officials, major developers, and residents. Site Plan Review: Supervised preparation and presentation of site plan reviews and reports under an ongoing cost recovery process. Plans from the cities are distributed to various plan review disciplines and the final reports are presented in a cohesive and consistent manner . Comprehensive Planning: Supervised preparation of comprehensive plans, evaluation and appraisal reports, EAR -based amendments, water supply plan goals, and capital improvements element updates for various local governments. Zoning Codes: City Weston, City of West Park, City of Sunny Isles Beach, Town of Surfside. Responsible for preparation, presentation and adoption of zoning codes. Direction required the coordination of workshops and consensus building among the elected officials, residents and developers in the city . Transit Oriented Development: Sheridan Station-side Village, Hollywood, Florida. Coordinated all planning and engineering services for the site plan application and land use plan amendment for the Sheridan Station-side Village, a mixed-use development integrating an existing T ri-rail station and other transit services. Town Center Zoning Overlay Districts: City of Hollywood, City of Miami Gardens, City of Sunny Isles Beach. Responsible for development of zoning overlay district comprising zoning criteria, architectural, and landscape requirements leading to town center master plan implementation and for special districts. Ongoing Private Development Coordination: Responsible for coordinating all aspects of land development activities including platting and site planning, rezoning, and obtaining all government approvals and building permits. Specific tasks involve ensuring that engineering, survey , landscape architecture, and construction management personnel are working together to bring a project to completion. Shelley Eichner, AICPSenior Vice President EDUCATION M.P.A., Florida Atlantic University, Boca Raton, FL B.A., Psychology and Management, McGill University, Montreal, Canada PROFESSIONAL REGISTRATION American Institute of Certified Planners No. 116948 PROFESSIONAL ASSOCIATIONS American Planning Association - Past President of Broward Chapter PROFESSIONAL MEMBERSHIPS Broward County Management Efficiency and Study Committee, Member (Appointed by County Commission); Chair of Growth Management Subcommittee, 2004-2006, & 2009-2011 Technical Advisory Group to the Broward County League of Cities, Chair, 2003-2006 Chair Staff Working Group, School Board of Broward County, 2005-Present Broward County Oversight Committee, 2009-Present Broward County League of Cities Scholarship Committee, Chair, 2010 - Present 11 SUMMARY OF QUALIFICATIONS Eric Czerniejewski, P .E., is the Director of Traffic Engineering for CGA with 18 years of experience in transportation infrastructure design, traffic engineering and transportation planning. He has experience in transportation projects that include preparation of traffic studies including corridor studies, traffic impact studies, mobility studies and parking utilization and reduction studies. He is also specialized in signalization design, roadway design, managing, designing and permitting select transportation infrastructure engineering projects; planning, developing and coordinating civil engineering design documents; and coordinating construction engineering and inspection. Some of his relevant mobility plan experience includes development of citywide mobility plan for the City of F ort Lauderdale, preparation of the campus master mobility plans for Florida International University and Florida Atlantic University campuses as well as Memorial Health Care Joe DiMaggio Hospital campus. He is certified to prepare traffic control plans and process LAP projects by FDOT. PROJECT EXPERIENCE Transportation Manager, City of Fort Lauderdale -Managed and supervised the traffic engineering, transportation planning and transportation design program for the City of Fort Lauderdale (City) Transportation and Mobility Department including all Department traffic engineers and transportation planners.Managed the Downtown F ort Lauderdale Transportation Management Associations’ (TMA) Citywide Sun Trolley community bus service including development of the Uptown Link and route extensions. Developed and submitted relevant grant applications for transportation and transit projects including TIGER, Transportation Enhancement, EP A Green Streets and FTA New Freedom. Developed the Capital Improvement Plan (CIP) for traffic, roadway , transit, aviation and parking improvement projects aligned with the City Commission Action Plan. Developed and Monitored Citywide Strategic Plan Performance Measures for Transportation initiatives including Sun Trolley/Community Bus Equipment, Routes and Fares. Developed the key citywide long-range transportation plan including the 2015-2035 comprehensive strategic multimodal program entitled Connecting the Blocks- Creating Options for Moving People-Created the City Complete Streets Guidelines •Managed the citywide review of all transportation elements of the DevelopmentReview Committee to determine traffic impacts for new development projectssubmitted for approval. Included review of all traffic impact studies and parkingstudies and ensured that walkability and alternate modes of transportation was beingprovided along the transportation network adjacent to the development site.•Collaborated with Government Agency Partners including the Downtown TMA. TheFlorida Department of Transportation (FDOT), Broward Metropolitan PlanningOrganization (MPO), South Florida Regional Transportation Authority, BrowardCounty, Federal Aviation Administration and adjacent municipalities on all publictransit, traffic engineering and transportation projects in the City.•These included the following projects in the City Commission Action Plan:•The Wave Streetcar, Florida East Coast All Aboard Florida, SR-A1A Rehabilitation andModification projects, Broward Blvd Gateway Implementation Project, FDOTAdvanced Transportation Management System Central Broward Corridor Project,Central Broward East West Transit, SFRTA Tri-Rail Coastal Link, Downtown andUptown Mobility Hub Development Initiatives, Downtown Units Land Use PlanAmendment Eric Czerniejewski, P.E., ENV SPDirector of Traffic Engineering EDUCATION Bachelor of Science (BS), Civil Engineering, SOUTHERN ILLINOIS UNIVERSITY AT EDWARDSVILLE, Edwardsville, Illinois CERTIFICATIONS & LICENSES Professional Engineer License (#58002) ENVISION Sustainability Professional Certification Advanced Maintenance of Traffic Certification (FDOT) PROFESSIONAL AFFILIATIONS ASCE Region 5 Governor ASCE Broward Past President ASCE National Public Policy Committee AWARDS ASCE Government Engineer of the Year (2013) ASCE Engineer of the Year (2011) ASCE Young Engineer of the Year (2006) 12 FDOT District 6 Districtwide Public Transportation Consultant Contract - Provided studies, performed evaluations, developed strategies, and secured funding for highway , transit, rail, freight and seaport projects while enhancing performance for all transportation modes. These analyses required expertise in collecting data, assessing the context, validation of data, analysis of demands, forecasting and growth and provided transit design and construction determinations in conjunction to responding to public and private stakeholders concerns. Completed the following projects as part of this Contract:•Miami Dade Aviation Department (MDAD) Triennial Safety Audit of MDAD Automated People•Mover Systems- Audit Review of the MDAD Transit Security Program Plan and System Safety Program Plan•Miami Dade Transit (MDT) Triennial Safety Audit of Bus and Rail Systems- Audit Review of the MDAD TransitSecurity Program Plan and System Safety Program Plan Broward MPO Pompano Beach Education Corridor Transit Study - Due Diligence was performed to determine the feasibility of a transit shuttle or circulator to improve access to the educational facilities along the Coconut Creek Parkway corridor that runs through Pompano Beach, Margate, Coconut Creek and Coral Springs. This included estimating capital and operating costs, identifying opportunities and/or constraints and coordinating proposed transit improvements with other plans or projects including: land use plans, traffic, roadway and sidewalk projects, interface with existing and future Tri-Rail service and Mobility Hubs for the Premium Transit Corridors at Sample Road and University Drive (Gateway Hub). City of Key West Land Development Regulation Overhaul and Complete Streets Design Guidelines- Consultant provided an update of the City’s Land Development Regulations including the adoption of a Complete Streets Ordinance and Revised Parking Generation Standards and Parking Mitigation Strategies. The Complete Streets Ordinance included traffic calming design regulations that reduce vehicular/bike/pedestrian conflicts. City of Key West Traffic Qualitative Assessment- Consultant provided a Traffic Qualitative Assessment for several concerns regarding traffic within Old Town that have been received by the City’s Engineering Services Department. Consultant provided a field review and provided several recommendations utilizing the methodology included in the 2009 Manual of Uniform Traffic Control Devices, 2011 FDOT Florida Green Book, and the 2010 Highway Capacity Manual to mitigate any potential safety and operational deficiencies for each identified traffic concern. The identified concerns included traffic safety and operational issues related to pedestrian, bicycle, vehicular and transit transportation modes. City of Boca Raton Traffic Engineering Services for Intersection of Palmetto Park Road and NE/SE 5th Avenue- Consultant provided professional traffic engineering and transportation planning services for the preparation of a traffic study at the intersection of Palmetto Park Road and NE/SE 5th Avenue. The traffic study examined the safety and the operation of the intersection of Palmetto Park Road and NE/SE 5th Avenue and enumerate at least three viable improvement concept plans. The alternative analysis included quantitative and qualitative elements such as Safety, Context Sensitivity, Capacity, Benefit Cost and Fatal Flaw analysis. Eric Czerniejewski, Page 2 13 SUMMARY OF QUALIFICATIONS Ms. Rivas has eight years of experience in Florida as a traffic engineer . Her experience includes analysis and design in traffic signals, traffic operations, Intelligent Transportation Systems. She is knowledgeable of MUTCD, FDOT design standards and specifications, Plans Preparation Manual, Highway Capacity Manual, ITE’s Traffic Engineering Handbook. She has worked on transportation projects and traffic studies for FDOT Districts 2 and 4, Palm Beach, Broward, Duval, St. Johns, and Alachua Counties as well as various south Florida municipalities. RELEVANT PROJECT EXPERIENCE Calvin, Giordano & Associates, Inc. (CGA), December 2013 – Present: City of Key West Land Development Regulation Overhaul and Complete Streets Design Guidelines- Consultant provided an update of the City’s Land Development Regulations including the adoption of a Complete Streets Ordinance and Revised Parking Generation Standards and Parking Mitigation Strategies. The Complete Streets Ordinance included traffic calming design regulations that reduce vehicular/bike/pedestrian conflicts. City of Key West Traffic Qualitative Assessment- Consultant provided a Traffic Qualitative Assessment for several concerns regarding traffic within Old Town that have been received by the City’s Engineering Services Department. Consultant provided a field review and provided several recommendations utilizing the methodology included in the 2009 Manual of Uniform Traffic Control Devices, 2011 FDOT Florida Green Book, and the 2010 Highway Capacity Manual to mitigate any potential safety and operational deficiencies for each identified traffic concern. The identified concerns included traffic safety and operational issues related to pedestrian, bicycle, vehicular and transit transportation modes. City of Boca Raton Traffic Engineering Services for Intersection of Palmetto Park Road and NE/SE 5th Avenue- Consultant provided professional traffic engineering and transportation planning services for the preparation of a traffic study at the intersection of Palmetto Park Road and NE/SE 5th Avenue. The traffic study examined the safety and the operation of the intersection of Palmetto Park Road and NE/SE 5th Avenue and enumerate at least three viable improvement concept plans. The alternative analysis included quantitative and qualitative elements such as Safety , Context Sensitivity , Capacity , Benefit Cost and Fatal Flaw analysis. City of Weston Retiming Project: Performed signal retiming for all signalized intersections within the City of Weston to improve signal coordination utilizing along major corridors and improve overall efficiency of the City’s roadway network. Part of the analysis involved the identification of all major signalized intersections, summary and analysis of traffic volumes, speeds, classification data, turning movement counts, intersection delays, gaps, and travel times. The Traffic analysis data was evaluated by using Synchro8 software application. Engineer of Record, January 2014. Broward County Highway Construction and Engineering Division Mast Arms Conversion Group 1, County Project No N1030013P1: Project Manager , Engineer-of-Record; this is a design build project consisting in the conversion of span-wire supported traffic signals to mast arm supported traffic signals at 20 intersections. The scope of work included engineering and design Diana Rivas, PETraffic Engineer EDUCATION BS, Civil Engineering, Florida Atlantic University, 2006 AA, Engineering, Broward Community College, 2002 TECHNICAL EXPERTISE Traffic Operations Design Traffic Engineering PROFESSIONAL REGISTRATIONS Professional Engineer - FL #74568 (2012) MEMBERSHIPS Institute of Transportation Engineers (ITE) American Society of Civil Engineers (ASCE) 14 Diana Rivas, PE, Page 2services, traffic signal construction, installation of underground conduit and interconnect cable, installation of communications and support equipment, installation of traffic characteristics monitoring devices (video detection), installation of emergency vehicle pre-emption systems, minor roadway reconstruction and paving, maintenance of traffic, signing and pavement markings, and ADA compliant sidewalk construction. Signalization Engineer of Record, January 2014. Broward County Highway Construction and Engineering Division , Intersection Improvements at College Avenue and Nova Drive, County Project No 131112001: This project consists of signalization improvements due to the widening of College Avenue. Signal heads and pedestrian features modification; as well as sidewalk, curb replacement (including ADA ramps), and milling and resurfacing. Interstate 75 and Pines Blvd Traffic Mitigation Study and LOS Synchro Analysis: CGA and FDOT District 4 traffic operations personnel are combining efforts to evaluate existing conditions and produce traffic flow improvement strategies and protocols on when to implement these strategies to relieve AM and PM peak traffic congestion at this interchange. A LOS Synchro analysis was developed proposing 4 different scenarios for the retiming at the intersection of SR820/Pines Blvd and Grand Palm Dr using existing traffic counts and AM peak delays.” The feasibility of the potential improvements and recommendations at short, mid, and long term are being evaluated so they can be pursue with the Mayor and City commissioner. Metric Engineering, ITS, Traffic Operations Engineer, Nov. 2012 - Nov. 2013 Road Safety Audit , Safety Studies, and Traffic Operation Studies Contract FDOT District 2This contract included coordination with local agencies, school districts, and the North Florida Transportation Planning Organization on safe routes to school applications for various schools. Assisted in the development of conceptual sidewalk plans, pavement markings, and Long Range Estimates for Atlantic Beach Elementary, Brentwood Elementary, Livingston Elementary, Butler Middle Schools in Duval and St Johns Counties. Performed Road Safety Audits for FDOT District 2 along selected corridors in Duval and St Johns Counties. Blanding Boulevard from Wells Rd to Collins Road, New Berlin Road from Edgewood Avenue to Wagner Road. The scope of the audits included pedestrian related improvements, traffic signal timing changes and overall traffic safety management. In-House Consultant Services for Traffic Management Center Area-Wide Contract FDOT District 2 This contract included QA/QC Traffic Incident Management and Traffic Operations as well as assessing roadway performance measures based on ITS devices, District 2 Road Rangers, TMC operators, Signal4Analytics, RITIS (Regional Integrated Transportation Information System), Florida Highway Patrol and other local authorities information.Assisted with the five-year review of crash history and traffic analysis data of ITS devices to determine the locations for the installation of fiber optic cable, infrared CCTVS, and advance weather stations for low visibility areas along Interstate 75 from US 441 to SR 121 in Alachua County.Assisted with the data collection of travel times along different corridors during morning and afternoon peak hours in the city of Jacksonville after the Mathews Bridge (one of the main bridges to bring in and out traffic to the downtown area) was impacted by a military ship closing the bridge for a month while it was being repaired. Data collected was compared to Sunguide (TMC software used) outputs to determine reliability of traffic times information, and identify alternate routes to and from the downtown area.Assisted with the data collection of counts and traffic vehicle speeds at several locations in Jacksonville where detectors have been installed to determine the accuracy of the Sunguide information reports and assessment needed in case of any issues where encountered.Assisted with the analysis of BlueTOAD data for Origin Destination studies, trip length analysis, travel times on alternate routes, and signal timing optimization in the Jacksonville area. 15 SUMMARY OF QUALIFICATIONS Richard Cannone, a Planning Administrator at Calvin, Giordano & Associates Assist the Department in representing various municipal clients of CGA in Miami-Dade, Broward and Palm Beach Counties by reviewing applications, preparing staff reports and attending meetings for current planning activities, including development applications such as rezoning, site plan and plat review , special exception, conditional use, annexation studies and design guidelines. Development and management of implementation strategies, development of Targeted Area Plans including linkages to economic development and capital improvements. Development of mixed use land use and development regulations and the creation of overlay and special overlay districts. When required, Mr . Cannone will be responsible for project management, scheduling and budgeting for private and public sector clients PROJECT EXPERIENCE Town of Medley, Florida. Planning activities including plat and site plan review as well as the creation and modification of land development regulations; updating the Town’s zoning codes; and preparation of a solid waste overlay project. Oversees communication and coordination between Town management, elected officials, major developers, and residents. Creation of Certificate of Use Ordinance and BTR Ordinance. Town of Surfside, Florida. Planning activities including site plan review as well as the creation and modification of land development regulations, design guidelines and sign code. City of Pahokee, Florida. Preparation of site plan reviews and reports for the City of Pahokee under ongoing cost recovery process. Plans from the City are distributed to various plan review disciplines and the final reports are presented in a cohesive and consistent manner . Preparation of Annexation Studies and strategies relative to unincorporated agricultural land and future development. City of Miramar, Florida. Preparation of site plan reviews and reports for the City of Miramar under ongoing cost recovery process. Plans from the City are distributed to various plan review disciplines and the final reports are presented in a cohesive and consistent manner . City of Hallandale Beach, Florida. RAC and F ashion Row Arts Districts. Update of City Land Development/Zoning Codes and Overlay Districts consistent with the City-wide Master Plan and Regional Activity Center. Ongoing Private Development Coordination: Responsible for coordinating all aspects of land development activities including platting and site planning, rezoning, and obtaining all government approvals, entitlements and building permits. Previous Relevant Experience City of Hallandale Beach, Florida (Director) •Completed an Affordable Housing Study, City-Wide Master Plan, TransportationMaster Plan Water supply Plan and CRA Plan update•Lead negotiator on over 10 Development Agreements, over 100 economicdevelopment/housing loans and drafted RFP’s, RFQ’s and lease and use agreementsfor the City/CRA•Negotiated a $13 million Public-Private Partnership using Tax Increment Financing(TIF) with Forest City Enterprises on the redevelopment of a 70 acre vacant parkinglot and the creation of a new “Town Center” that includes a one-million square footlifestyle center; The Village at Gulfstream Park Richard D. Cannone, AICPPlanning Administrator EDUCATION M.S. Public Management, St. Thomas University – Miami, Florida – 2006 BS Community and Regional Planning, Iowa State University – Ames, Iowa – 1995 PROFESSIONAL REGISTRATION American Institute of Certified Planners National Incident Management System (NIMS) - IS 700 , IS 800, ICS 100, ICS 200 16 Richard Cannone, AICP, Page 2•Lead for acquisition and disposition of property holdings for the City/CRA•Responsible for drafting all new program guidelines and, policies, Disposition and Development Agreements,Affordable Housing Loan and Development Agreements and Commercial Loan Agreements•Review underwriting materials for all projects assigned and determined need for financial assistanceincluding the identification/creation of innovative financing methods and sources•Provided expert testimony on City’s behalf in two separate 1st Amendment federal lawsuits challenging theCity’s adult use ordinance City of Coral Gables, Florida (Principal Planner)•Functioned as Project Manager for the rewrite of the of the City’s zoning code, which has been added to andaltered in pieces since 1929. Rewrite included consolidation of districts, new historic preservations review re-quires and TDR bonuses for Historic properties•Functioned as Project Manager and co-authored the Coral Gables Charrette Implementation that includedthe development of a transit-oriented mixed use district and new Mediterranean design guidelines. The City received an award from the Florida APA Gold Coast Section for these implementation strategies City of Largo, Florida (Program Planner/CRA Manager)•Prepared budgets and analysis of departmental programs•Prepared and implemented community outreach and technical assistance programs, included an Architectural and Engineering Assistance programs and an interest buy-down program for commercial properties•Ensured compliance with the City’s CDBG and SHIP entitlement funds•Assisted in the facilitation and creation of the City’s Strategic Plan•Modified the city’s land develop code to support redevelopment efforts in the CRA that led to multipleredevelopment projects. Including creating new Affordable housing bonus regulations that served as theimpetus to redevelop a vacant shopping center•Updated the City’s Clearwater-Largo Road Redevelopment Plan to include unincorporated areas adjacent tothe corridor, redevelopment strategies and provide for capital improvements and alternative financing City of Trenton, New Jersey (Project Manager/Senior Planner) •Managed a portfolio of 17 redevelopment projects containing over 400 units in various stages of development. •Updated and created redevelopment strategies for urban infill development, including multileveled financingcomponents•Conducted needs assessments, site selection, project underwriting, cost-benefit analysis, proforma anddevelopment financial analysis. Drafted RFPs for the redevelopment and disposition of city-owned real estate.Provided technical assistance relating to affordable housing development•Conducted market research and studies for proposed development projects•Drafted legal documents and developed redevelopment plans•Wrote grant proposals and received funding for affordable housing projects from the Federal Home LoanBank of New York and Pittsburgh•Prepared Mayor Doug Palmer’s presentation “Revitalizing the American Community: Where Do We Go FromHere?” for the National Brownfields Conference. Served as a founding Board member of the Capital AreaHousing Resource Center (a HUD “Best Practices Winner”) on behalf of the City of Trenton 17 SUMMARY OF QUALIFICATIONS Ms. Sinatra has over 10 years of planning experience including municipal planning director duties such as processing zoning requests, land use plan amendments, site plan reviews, plats rezoning petitions, variances, vacation/abandonments and all other development application reviews. She holds a Master’s degree in Urban and Regional Planning from FAU. Ms. Sinatra has also written evaluation and appraisal reports, comprehensive plans and zoning and land development codes. She is experienced in writing form-based codes and transit-oriented zoning codes. As the planning department manager for Calvin, Giordano & Associates, she is the community development director for the City of Weston, the City of W est Park and the Town of Surfside. F or those entities, she carries out day-to-day planning and zoning activities, presents staff reports and recommendations to the commissions, the planning and zoning boards and provides customer service assistance to residents, developers and business owners. PROJECT EXPERIENCE Comprehensive Planning Town of Surfside EAR. Identified items of concern from the Town’s 2006 Charrette, including transportation planning and traffic issues. The EAR also recognized challenges with density and intensity . Town of Surfside EAR Based Amendments. Incorporated many issues from the Town’s 2006 Charrette and provided an analysis on tourist/hotel uses. City of West Park Comprehensive Plan. Prepared the City’s first Comprehensive Plan. City of Sunny Isles Beach EAR. The City’s intense population growth resulted in the need for an evaluation of recreation and open space uses and traffic concerns. Sheridan Stationside Land Use Plan Amendment. Completed an amendment to the City of Hollywood and the Broward County Land Use Plans to change the land use designation on 40 acres to Transit Oriented Development (TOD). This included residential, hotel units, commercial office at a rail station to create true transit development. There was also an affordable housing component. City of West Park Transit Oriented Corridor Land Use Plan Amendment. Amended the City and County Land Use Plans to create a Transit Oriented Corridor (TOC) for the City of W est Park. The designation provided 575,000 square feet of office space, 500,000 square feet of commercial area, 200 hotel rooms and 1,500 new residential units to a depressed portion of US 441/ SR7. Zoning and Land Development Codes City of West Park Land Development and Zoning Code. Prepared the City’s first Land Development and Zoning Code. These ordinances included new sign and landscape criteria to provide an identity for the newly incorporated City. Town of Surfside Zoning Code. Created a modified form-based code for the Town. Facilitated many months of workshops to gain as much input as possible from the residents. The code resulted in “McMansion ” standards to avoid over building in the single family neighborhood. This code also included new landscape regulations to provide more substantial buffers between uses. Town of Surfside Design Guidelines. The design of buildings and their compatibility for the Town became issues of concern. A number of workshops were held to gain public participation in crafting design guidelines for the T own. Sarah Sinatra Gould, AICPDirector, Planning Department EDUCATION B.A. in Political Science Florida Atlantic University 1997 - 2001 Masters in Urban and Regional Planning Florida Atlantic University 2001 - 2003 PROFESSIONAL CREDENTIALS American Institute of Certified Planners No. 158802 American Planning Association Florida Chapter of the American Planning Association Appointed member of the Miami-Dade Shoreline Development Review Committee 18 Sarah Sinatra Gould, Page 2 City of Hollywood. Created zoning guidelines and distance separation requirements for homeless shelters, free restaurants, half-way housing, and substance abuse clinics. Town of Medley. Analyzed solid waste activities in the Town and prepared new zoning category to correct non-conformities. Collier County Post Disaster Temporary Housing Study. Reviewed the County’s Comprehensive Plan and Zoning Code to determine where housing could be located after a disaster as well as identifying sections of the code to be waived in post disaster conditions. City of West Park Enterprise Zone. Prepared housing, population and income data as well as mapping data for inclusion into the Broward County Enterprise Zone. The State of Florida granted inclusion of the City in the Broward Enterprise Zone in 2010. Municipal Planning Staff City of West Park, Planning and Zoning Director. Oversee the day to day functions of the Planning and Zoning Department. Respond to zoning calls from property owners and interested parties. Created the development review process for the City and chair the development review group meetings. Review zoning permits and certificates of use. Complete development reviews including site plans, plats, variances, special exceptions, land use plan amendments and rezoning applications. Created the necessary applications for these development reviews and prepare all staff memorandums to the City Commission. City of Weston, Director of Development Services. Process development review applications including site plans, plats, variances, special exceptions, land use plan amendments and rezoning as well as managing the Planning and Zoning Department. Prepare items for the Development Review Committee (DRC) and the City Commission by chairing the DRC meeting, preparing the staff memorandum to the City Commission and presenting the application to the City Commission. Town of Surfside, Town Planner. Respond to zoning calls from the public. Created the development review process for the Town and chair the development review group meetings. Review zoning permits and prepare items for the Design Review Board Meeting. Present site plans and permits to the Design Review Board, which analyze architectural and design standards in completing the review . Complete development reviews including site plans, plats, variances, special exceptions, land use plan amendments and rezoning applications. Prepare all staff memorandums and present the items to the Planning and Zoning Board and the T own Commission. City of Pahokee, Consulting Planner. Provide zoning assistance to the City and to the general public. Review development applications including site plans, plats, variances, conditions uses, and rezoning applications. Prepare staff memorandums and present the items to the Planning and Zoning Board and the City Commission. 19 SUMMARY OF QUALIFICATIONS Ms. Smith has seven years of municipal planning experience ranging from processing building permits and reviewing zoning applications to authoring land development and zoning ordinances, codes and regulations for both local and international governments. She holds a Master’s degree in City Planning from the Massachusetts Institute of T echnology where she specialized in Housing, Community and Economic Development. As the Senior Planner at Calvin, Giordano & Associates, Ms. Smith carries out general planning and zoning functions for the City of Miami Gardens, City of Pahokee, City of W est Park, Town of Cutler Bay , Town of Medley and Town of Surfside in addition to developing special studies and preparing reports. She also works closely with Community Redevelopment Agencies throughout Florida as part of CGA ’s Redevelopment and Urban Design Division, which focuses on community improvement and revitalization. PROJECT EXPERIENCE City of Pahokee, Florida. Processed rezoning petitions and presented staff reports and recommendations to the commission and planning and zoning boards. Town of Cutler Bay, Florida. Conducted an analysis of ordinances related to cost recovery and notice/advertisement procedures. Prepared recommendations and drafted proposed language to be included in the revised land development regulations. Town of Medley, Florida. Reviewed site plans for commercial development and prepared staff reports for variance and rezoning applications. Town of Surfside, Florida. Analyzed the existing sign code and identified issues and inconsistencies. Prepared a rewrite of the sign code to include updated standards, elimination of contradictory language, clarification of terms and definitions, and incorporation of modern sign typologies. Martin County, Florida. Assisted in the development of the County’s first form-based code within the seven Community Redevelopment Areas. Miami-Dade County, Florida. Prepared a Finding of Necessity Study for the establishment of a Metrozoo-Richmond Heights Community Redevelopment Area. Nassau, Bahamas. Established the country’s first Business Improvement District within downtown Nassau. Nakeischea Loi Smith, AICPSenior Planner EDUCATION MA, City Planning, Massachusetts Institute of Technology, 2007 BA, Sociology, Northeastern Illinois University, 2004 AA, French, Northeastern Illinois University, 2004 AA, Spanish, Houghton College, 1998 PROFESSIONAL AFFILIATIONS American Institute of Certified Planners No. 165215 Business Member of the City of Hollywood Green Team Advisory Committee 20 SUMMARY OF QUALIFICATIONS Ms. Lee has 20 years of professional experience and directs CGA ’s Environmental Depart-ment coordinating our regulatory permitting, environmental planning, site assessment, resource management and environmental technical support services. Before joining CGA, Ms. Lee was a Biologist with the Growth Management Division of Monroe County . During the three years that CGA provided planning and zoning services for the newly incorporat-ed City of Marathon, she lived full-time in the Florida Keys and was responsible initially for all the environmental planning for the City of Marathon and subsequently for a full range of planning services for the City . Prior to relocating to F ort Lauderdale, Ms. Lee was a resident of the Florida Keys for 10 years where she became very familiar with the environmental sensitivities regarding the flora, fauna, land and special government pro-grams governing and protecting the 160-mile string of coral islands making up the Keys, a designated area of critical State concern. In general, Ms. Lee:•Provides technical support, environmental resource management, environmentalplanning and sustainable development services to public and private entities•Provides permitting services to obtain environmental resources permits at thelocal, state and federal level•Coordinates interagency and multi-disciplinary team efforts•Provides most feasible development and mitigation options, and the probable costsfor mitigation options•Prepares Coastal and Conservation Elements for Comprehensive plans, coordinateson Comprehensive Plan Evaluation and Appraisal Reports (EAR) and EAR basedamendments•Designs wetland mitigation plans, provides bidding and construction oversightservices for the construction and installation of mitigation and natural areas•Manages the compliance monitoring on over 2,000 acres of constructed wetlandsand administers the maintenance contract on over 2,000 acres of created andenhanced wetlands•Conducts and manages field staff conducting wetland, wildlife and habitat assess-ments, imperiled species surveys, mitigation compliance monitoring reporting, andtree surveys COMPREHENSIVE PLANNING Fort Pierce: Provided the re-write of their Coastal and Conservation Elements. Parkland: Completed an extensive update of their Comprehensive Plan Conservation Element. West Park and Loxahatchee Groves: Produced the Conservation Elements for their new Comprehensive Plans after incorporation of these Towns. Martin County, St. Lucie County, Malabar, Surfside, Pahokee and Weston: Worked on their Comprehensive Plan Evaluation and Appraisal Reports (EAR). Weston, Parkland, Surfside, Hollywood, Pahokee, Malabar and Port St. Lucie: Worked on their EAR and the EAR based amendments to their Comprehensive Plans. Marathon: Worked extensively on the first draft of the City of Marathon’s Comprehensive Plan. Sandra Lee, AICP CEP, LEED AP BC+D, CFMDirector, Environmental EDUCATION M.A. Biology/Ecology, Magna Cum Laude St. Cloud State University, Minnesota B.A. Biology/Botany, Magna Cum Laude St. Cloud State University, Minnesota PROFESSIONAL REGISTRATION American Institute of Certified Planners No. 018627 Green Building Certification Institute LEED A.P. BD+C NO. 10215598 Association of State Floodplain Managers CFM No. US-07579 Florida DEP Qualified Stormwater Management Inspector No. 5889 21 Sandra Lee, Page 2 MUNICIPAL EXPERIENCE Environmental Management, City of Weston: Responsible for the environmental resource management and environmental planning services to the City and the administration of the maintenance contracts on over 2,000 acres of created and enhanced wetlands. Land Clearing Review, Loxahatchee Groves: On behalf of the Town reviewed and issued the land clearing permit for a 15+ acre religious facility on Pineland habitat, developed the tree mitigation plan, developed the performance guarantee estimate, conducted the site inspections to ensure compliance to the issued permit, and final permit close-out. Environmental Planning, City of Marathon: During the three years that CGA provided planning and zoning services for the newly incorporated City of Marathon, Ms. Lee lived full-time in the Florida Keys and was responsible initially for all the environmental planning for the City of Marathon and subsequently for a full range of planning services for the City . Ms. Lee worked closely with the City Administration, Code Compliance and Building Department to provide seamless, efficient services to the community . She reviewed and processed all applications for commercial and residential development, implemented the local ‘Rate of Growth’ residential allocation system, reviewed and processed specialized planning functions such as variances, conditional uses, FLUM, zoning and text amendments; and prepared all necessary staff reports and public notices gaining in depth experience in implementing:• Heightened habitat, wetland and shoreline protection measures;• Transfer of development rights to protect sensitive habitat;• Coastal protection measures; • Habitat Open Space overlays to protect sensitive habitat; and• Rate of Growth measures Code Review, Town of Palm Beach. Requested by the Town to review the Town’s Ocean Vista zoning requirements and the State laws relative to the regulations for trimming vegetation on beach dunes to identify inconsistencies and to make recommendations to the Town to achieve consistency with the State regulations. Community Rating System Certification, City of Weston and Pembroke Pines. Compiled and submitted the annual certification documents to FEMA for the CRS participation in the NFIP. Obtained an upgraded CRS score for the City of Weston. NPDES annual Reporting, Town of Surfside, the City of Sunny Isles Beach and Pembroke Pines. Compiled and submitted the annual MS4 reporting documents for the Town of Surfside, the City of Sunny Isles Beach and Pembroke Pines. PROFESSIONAL ORGANIZATION ACTIVITIES Ms. Lee currently serves as the President of Board of Directors of the South Florida Chapter of the U.S. Green Building Council and actively participates in the Chapter activities and educational programs. Throughout 2009 she served on the Greenhouse Gas Reduction Subcommittee of the Broward County Climate Change Task Force and participated in the Built Environment working group. Ms. Lee is also actively involved with and currently serves as a Board officer for the South Florida Association of Environmental Professionals. 22 SUMMARY OF QUALIFICATIONS Mr . Figurella is a project engineer with more than 20 years of experience in project management of roadway design/reconstruction, utility/drainage infrastructure, municipal review , comprehensive planning and civil site design work including geometric design and permitting. Mr . Figurella is proficient in the use of the latest versions of AutoCAD Civil 3D. Mr . Figurella was the President of the ASCE Palm Beach Branch in 2003-2004, ASCE Palm Beach Branch Y oung Engineer of the Y ear in 2004, and FES Palm Beach Chapter Young Engineer of the Year in 2004. PROJECT EXPERIENCE Lakeshore Drive Improvements, Lake Park, Florida. Designing and permitting the reconstruction of a ½ mile two lane facility , raising the roadway and sidewalks to relieve high tide flooding issues, adding bike lanes and replacing an asbestos water main and aging sewer lines. Year completed: professional services, 2013, construction, N/A. College Avenue Improvements Phase I, Davie, Florida. Designed and permitted the replacement of a ½ mile three lane roadway with a 4 lane divided roadway with drainage improvements and sidewalks on both sides of the roadway in an extremely challenging utility corridor. Year Completed: professional services 2012, construction 2012. College Avenue Improvements Phase II, Davie, Florida. Designing and permitting the replacement of a ½ mile two lane roadway with a 4 lane divided roadway with drainage improvements and sidewalks on both sides of the roadway in an extremely challenging utility corridor. Year Completed: professional services ongoing, construction N/A. Bay Harbor Islands Community Enhancement Project Phase III, Bay Harbor Islands, Florida. Designed and permitted the roadway and utility improvements for 4.2 miles of roadways on the east island of the Town. Improvements included new curbs, pavement, grading and waterlines. Year completed: professional services 2012, construction 2012. NW 131st Street Improvements, North Miami, Florida. Designed the roadway and drainage improvements of a 1 mile roadway . Improvements included a roundabout, bike lanes, on-street parking and the preservation of numerous existing landscaping on North Miami’s north bicycle corridor . Y ear completed: professional services 2012, construction 2012. Holmberg Road Bicycle Lanes, Parkland, Florida. Designed and permitted the addition of bicycle lanes and sidewalks with the addition of fire hydrants for a 1.25 mile roadway . Y ear completed: professional services, 2010, construction, 2011. Park Avenue Street-scape Improvements, Lake Park, Florida. Designed and permitted the reconstruction of a¾ mile 4 lane undivided roadway into a 2 lane divided roadway with decorative street lighting and landscaping as well as drainage, utility and sidewalk improvements. Y ear Completed: professional services 2010, construction N/A. A1A Bike Lanes, Jupiter, Florida. Designed and permitted the expansion of turn lanes, the addition of bicycle lanes and sidewalks with the replacement of a 10” asbestos cement water main for a ½ mile two lane undivided facility . Y ear completed: professional services 2006, construction 2007. Patrick A. Figurella, PEDirector of Engineering, Project Manager EDUCATION B.S., Mechanical Engineering University of Florida, Gainesville PROFESSIONAL REGISTRATION Professional Engineer State of Florida No. 54795 CERTIFICATIONS Florida Stormwater, Erosion, and Sedimentation Control Inspector FEMA Intorduction to the Incidental Command System, ICS 100 PROFESSIONAL AFFILIATIONS American Society of Civil Engineers: 2004-2005 Past-President for Palm Beach Branch Florida Engineering Society: 2002-2003 “Young Engineer of the Year” for Palm Beach Chapter PUBLIC SERVICE Village of Royal Palm Beach Code Enforcement Board 1998-2004 Palm Beach County 5-Year Road Program Oversight & Advisory Council 2002-2003 COMPUTER SKILLS Microsoft Office AutoCAD Civil 3D Cascade 23 Patrick A. Figurella, Page 2 SR 710 Utility Relocation, Riviera Beach, Florida. Designed the water and sewer relocations in support of FDOT’s roadway project. Project included 6,000 LF of 12” W .M., a 1,000 LF directional bore of a 30” R.W .M., a 300 LF offset of the 30” R.W .M. in another location and other minor relocations. Y ear completed: professional services 2007, construction 2009. Comprehensive Planning, Various Agencies, Florida. Prepared Comprehensive Plans, Amendments to Comprehensive Plans Evaluation and Appraisal Reports (EARs), or Water Supply Plans related to Potable Water , Sanitary Sewer , Drainage, Solid Waste, and Natural Groundwater Aquifer Recharge elements for the following agencies:•Town of Loxahatchee Groves First Comprehensive Plan•City of Pahokee 10-Year Water Supply Plan•City of Fort Pierce Comprehensive Plan Rewrite•St. Lucie County EAR•St. Lucie County EAR Based Comprehensive Plan Amendments•Martin County EAR•City of Port St. Lucie EAR Based Comprehensive Plan Amendments 24 SUMMARY OF QUALIFICATIONS Mr . F eoli leads the landscape department in creative design strategies. His specialties include urban design, contextual analysis and branding. He also leads CGA ’s master planning, community participation efforts and graphics communication services. His specific strengths lie in park design, streetscapes and urban interventions, and form- based urban design and planning. PROJECT EXPERIENCE Tamarac Redevelopment Study, Tamarac, Florida. Urban Designer; Developed redevelopment scenarios based on real estate research and recommended form-based design parameters and drafted zoning verbiage for future adoption by the city . The study sought to establish land use distribution, massing and volumetric recommendations, architectural and programmatic design relationships sensitive to the existing context and that took advantage of the commercial and mixed-used opportunities observed. Miami Gardens Sign Code, Miami Gardens, Florida. Lead Designer , Ordinance Drafter; Developed the ordinance for a sign code regulating the form, size, font and design parameters for all signs within the city , determined by their relationship to the city’s different hierarchies of thoroughfares and vehicular corridors. Sunny Isles Beach Town Center, Sunny Isles Beach, Florida. Lead Designer , Ordinance Drafter , Graphic Artist; Urban design and ordinance drafting for the Town Center District Overlay , ensuring that building scale and massing were sensitive to surrounding context, encouraging a walkable, pedestrian environment that activated commercial uses strategically planned for new streetscape conditions. Town-Wide Design Guidelines, Surfside, Florida. Lead Urban Designer , Ordinance Drafter; Designed guidelines for all areas of the town, with particular attention to the preservation of high-quality , context- sensitive design in the residential areas. US441/SR7 Design Guidelines, West Park, Florida. Lead Urban Designer; Created guidelines for the Transit Oriented Corridor District to guide the types of development patterns and qualities that are sought by the City in this important roadway corridor . The design guidelines melded standards for access and open space distribution, parking location and treatment, architectural treatments and finishes, landscape and quality-giving encouragements, as well as sustainability standards. Village-wide Beautification Master Plan, Indian Creek Village, Florida. Project Manager , Lead Designer; Developed a village-wide Beautification Master Plan consisting of new entry features, increased planting areas, streetscapes, street-end improvements, traffic calming, lighting, specialty paving and historically sensitive designs. Miami Gardens Town Center, Miami Gardens, Florida. Project Manager , Lead Designer , Ordinance Drafter; Created transit-oriented development and town center design for over 100 acres of derelict and underutilized urban contiguous areas in preparation for the mass-transit MetroRail expansion and its new station scheduled for the site. Developed planning and design standards and ordinances that allowed for balanced densities to support the public transit system and a new commercially viable, walkable community . Doral Boulevard Beautification Master Plan, Doral, Florida. Lead Urban Designer , Workshop Facilitator; Streetscape and urban design for a four-mile stretch of Doral Boulevard, creating planning zones, access management design recommendations, signage and gateway features, stipulating architectural relationships to improved sidewalk design and parking design recommendations. Gianno Antonio FeoliLandscape & Urban Design, Branding EDUCATION Master of Landscape Architecture Florida International University School of Architecture Miami, Florida B.A., Architectural Studies Florida International University School of Architecture Miami, Florida PROFESSIONAL REGISTRATION American Society of Landscape Architects American Institute of Architects Urban Environment League 25 Gianno Antonio Feoli, Page 2 Palms Spring North Visioning Charrette, Palms Spring North, Florida. Charrette Organizer; Coordinated and participated in a community visioning charrette for the Palms Spring North neighborhood of Miami-Dade County . The result was community consensus and design alternatives to improve traffic and transit, connectivity , walkability and better use of open space with recreational and passive activities. Rock Pit 77 Park Master Plan, South Dade, Florida. Project Manager , Lead Designer; Developed master plan of a neighborhood park with a nature trail, basketball court, native educational component, preserve area, playground structure and shelter. South Dade Greenways Charrette, South Dade, Florida. Charrette Organizing Member and Facilitator; Moderated and participated in the organization of a design charrette that included public and private sector , as well as community , participants. The charrette was a part of the County’s open space master plan with a focus on creating strategies through public outreach for better connecting people with their surrounding open space resources. Sunny Isles Beach Town Center, Sunny Isles Beach, Florida. Lead Designer , Ordinance Drafter , Graphic Artist; Urban design and ordinance drafting for the Town Center District Overlay , ensuring that building scale and massing were sensitive to surrounding context, encouraging a walkable, pedestrian environment that activated commercial uses strategically planned for new streetscape conditions. 26 SUMMARY OF QUALIFICATIONS Mr . Jackson has managed federal, state and local projects. He has more than 15 years of experience in civil engineering and GIS. His expertise includes conveying GIS/spatial information to a non-GIS/technical audience. His experience includes GIS spatial and attribute data management, integrating data from disparate sources, defining data types, identifying data anomalies and responding to business requests for database changes. PROFESSIONAL EXPERIENCE Calvin, Giordano & Associates - Fort Lauderdale, Florida USA - GIS Specialist•Member of Data Technologies and Development Division•Assist GIS Manager, Project Managers and / or Project Engineers in various GISrelated projects•Daily activities included the production of spatial data, development andmaintenance of spatial•Enterprise databases, topological analysis, data conversion between variousformats, and spatial analyzes•Develop tools to automate the monthly updates of parcel ownership (Createdcustom ArcToolbox tools to automate monthly property updates)•Collaborate in the ten-year program of the Office of the U.S. Census [2010 DecennialCensus Local•Programming using VBA Script language in order to customize ArcPad applications7x Cogent lnfotech, Miami Dade County. GIS AnalystDevelops a wide variety of computerized maps and map layers through the use of auto-mated drafting equipment by interpreting source data, electronically drafting or digitiz-ing the information into the computer data base, adhering to pre-established Assessor and GIS mapping conventions and following pre-established procedures and sequences; quality assures layers for accuracy; identifies and corrects GIS errors; establishes and maintains GIS and computer data files; determines scale, line size and color to print hard copies of computerized maps using a plotter; trains staff to interpret source documents and use automated drafting equipment; may act as departmental lia ison regarding the Geographic Information System (GIS); may assist in writing and simplifying procedures; may act as a lead worker to extra-help staff; graphically depicts parcel splits, combina-tions and land boundary adjustments, including subdivisions, condominiums and town-houses, through the use of computer aided drafting techniques and tools, by interpreting and researching legal descriptions on recorded deeds and survey maps; prepares chronol-ogy of changes to parcels requiring additional research; transfers revised parcel drawings to Assessor computer files and the County GIS utilizing standards and protocols appropri-ate to each function; calculates land areas; annually revises parcel maps to reflect tax code area changes by evaluating information provided by the State Board of Equalization; an-swers questions and provides information to the public and staff regarding assessment maps; prepares legal descriptions of tax delinquent properties, describing property boundaries in relation to adjacent properties by researching and combining existing de-scriptions; completes supporting forms, paperwork and correspondence to relay comple-tion of parcel changes to the property owners and staff. Antoine JacksonGIS Specialist EDUCATION Oklahoma Community College Oklahoma City, OK Drafting Degree Rose State College Midwest City, OK. Associate Degree Electrical Engineering TRAINING Formal training for Geo Media, Huntsville, Alabama ESRI Arc Map at Metro Tech, Norman, OK 27 Antoine Jackson, Page 2 Aerotek, Williams Energy. GIS Analyst, 09/12 - 02/14•Maintain geospatial attributes associated with the pipeline system•This includes maintaining the centerline position of the pipeline, valve locations, pipe attributes and otherinformation that pertains to the pipeline that are stored in SDE and SQL database•Responsible for generating alignment sheets, HCA maps and risk assessment data sheets•I used ESRI products and custom pipeline application will be utilized to perform tasks and develop solutionsthat are unique to each project•Coordinate with engineering to define potential HCA impacts as defined in CFR49 Part 195 and will be amember of the audit team responding to DOT audits; manages and maintains data for National PipelineMapping System (NPMS) annual submission•Worked directly with field personnel to collect, process, incorporate and correct data for pipeline updates•Conducts research, queries, and creates custom data and maps for various internal customers•Responsible for data acquisition and integration as new pipeline systems are acquired•Support GIS department with basic mapping assistance, research, and printing•Assist with data acquisition and integration when new pipelines and/or facilities are acquired•Create, maintain, and input pipeline information into GIS-based pipeline management and maintenancesystem•Input pipeline maintenance records•Verifying data using PODS, ArcGIS PODS tool bar and of PODS data model organization Randstan Engineering, Shell Oil Houston, GIS Analyst. TX 05/12- 08/12Responsible for completing assigned tasks under the supervision of the Project Manager. Under limited supervision, assists in the design, development, implementation, and maintenance of systems, software, GIS, and data integration solutions to administrative, scientific and technical problems through the use of computer technology.•Develops and modifies simple applications and scripts using ArcObjects, Python, VBScript Oracle, and ModelBuilder•Participated in documentation compliance reviews and related remediation for system security and controls•Creates new computer programs or edits existing programs in order to produce maps and automate procedures•Maintains databases for GIS-related metadata•Writes documentation as necessary•Participates as needed, in meetings with developers and client staff to fully understand expected projectoutcomes•Works cooperatively with managers to complete assigned work•Proactively seeks input and clarification from other employees assigned to given projects in order to minimizetime spent in performing the essential duties of the position 28 RFQ No. PL2015-15 | Complete Streets Policy & Design Standards ManualCity of South Miami CLIENTS Below is a list of five clients Calvin, Giordano & Associ-ates has worked with in the last 36 months. 1. CITY OF KEY WESTJames Bouquet, P.E.City EngineerCity of Key West3140 Flagler AvenueKey West, FL. 33040305-809-3951 2. CITY OF WESTONKarl Thompson, P.E.Director of Public Works2599 South Post RoadWeston, FL. 33327954-385-2600 3. CITY OF POMPANO BEACHHoracio DanovichCIP Engineer100 West Atlantic BoulevardRoom 276Pompano Beach, FL. 33060954-786-7834 4. TOWN OF SURFSIDEDavid AllenChief of PoliceTown of Surfside9293 Harding AvenueSurfside, FL. 33154305-861-4862 x 208 5. CITY OF BOCA RATON Rasem AwwadTraffic Operations Engineer2500 NW 1st AvenueBoca Raton, FL. 33431561-416-3387 SIMILAR PROJECT EXPERIENCE See the following pages for similar projects CGA has worked on or is currently working on. 29 BICYCLE MASTER PLAN Weston, Florida Client City of Weston Contact information at time of project: Denise Barrett Director of Communications 17200 Royal Palm Blvd Weston, Florida 33326 (954) 385-2000 dbarrett@westonfl.org Project Date 2012 Services Provided Bicycle Master Plan Principal in Charge Shelley Eichner, AICP Team Members Jeffery Maxwell, PE, PTOE Company Role Prime Consultant Cost Varies Calvin, Giordano and Associates, Inc. prepared a comprehensive Bicycle Master Plan for the City of Weston that was adopted by the City Commission in January, 2013. The Bicycle Master Plan included an extensive inventory of existing facilities and infrastructure as well as analysis of existing and future bicycling Levels of Service. CGA worked closely with Weston residents and stakeholders in developing the Bicycle Master Plan and assisted the City in forming the Weston Bike Alliance to facilitate ongoing communication between the bicycling community and City officials. In addition to preparing the Bicycle Master Plan, CGA assisted the City in applying to the League of American Bicyclists for designation as a Bicycle Friendly Community. TE_0048_KD_ WESTON BICYCLE MASTER PLAN 30 US 1 INTERSECTIONS PEDESTRIAN SAFETY STUDY St. Lucie, Florida Client St. Lucie Transportation Planning Organization (TPO) Contact information at time of project: Peter Buchwald, AICP Executive Director 2300 Virginia Avenue Fort Pierce, FL 34982 Tel: (772) 462-1593 Fax: (772) 462-2549 buchwaldp@stlucieco.org Project Date 2011 Services Provided Traffic Engineering Principal in Charge Shelley Eichner, AICP Team Members Jeffery Maxwell, PE, PTOE Consultant Cost $47,540.00 As the St. Lucie County Transportation Planning Organization’s (TPO)’s traffic engineering consultant, CGA performed a pedestrian safety study for the following intersections: • SR 5 / US 1 at Port St. Lucie Boulevard (includes FDOT turn lane improvements) • SR 5 / US 1 at Tiffany Avenue • SR 5 / US 1 at Prima Vista Boulevard • SR 5 / US 1 at Virginia Avenue The purpose of this study was to evaluate the conditions of intersections with respect to pedestrian safety and to identify opportunities for improvements, which integrate walking. This study was initiated as a follow-up to the FDOT programmed triple left-hand turn lane for the intersection of Port St. Lucie Boulevard and US-1 (#4231151), which did not include pedestrian improvements as part of the project. This study evaluated pedestrian levels of service by means of space and delay at the signalized intersections. The corridor of US 1 was also evaluated based on FDOT’s ARTPLAN, which evaluates pedestrian activity based on sidewalk existence, traffic volumes, free flow speed, sidewalk separation and roadway median type. CGA also provided extensive public outreach and presentations to the TAC and CAC. TE_0046_KD_ US 1 PEDESTRIAN SAFETY STUDY REVISED 31 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual LICENSES AND CERTIFICATIONS CALVIN, GIORDANO & ASSOCIATES, INC. 32 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual 33 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual SECTION F OTHER RELEVANT EXPERIENCE CGA’s Project Manager, Eric S. Czerniejewski, P.E., with 19 years of experience associated with a wide range of traffic engineering, transportation planning, roadway, transit and multimodal projects, will lead a group of professionals who have extensive municipal and FDOT experience in similar projects. Eric is the right Proj-ect Manager and Transportation lead for this Contract and has recent relevant Project Management experi-ence including recently serving as the Transportation Manager for the City of Fort Lauderdale’s Transporta-tion & Mobility Department. While serving as Transporta-tion Manager, Eric managed the Transpor-tation Division and helped ad-vance the City of Fort Lauderdale’s 2035 Vision through many im-portant City Commission Initiatives. A comprehensive summary of this related experience and qualifications include the following: 9 City-wide Multimodal Connectivity Program en-titled Connecting the Blocks: Creating Options for Moving People 9 City of Fort Lauderdale Complete Streets Manual 9 The Wave Streetcar- Final Planning, Initial De-sign and Grant Funding and Assistance 9 All Aboard Florida Downtown Fort Lauderdale Station Planning 9 State Road A1A Rehabilitation and Modification (Lane Reduction) Projects 9 State Road A1A Transit Design for Livable Com-munities (TDLC) Analysis 9 Sun Trolley Community Bus Service- Uptown and Downtown Link Extensions 9 Broward Boulevard Gateway Implementation Projects 9 Broward MPO Broward Blvd Mobility Projects 9 Downtown Units Land Use Plan Amendment Traffic Analysis 9 Advanced Transportation Management System (ATMS) Central Broward Corridor Project 9 Downtown and Uptown Fort Lauderdale Mobil-ity Hub 9 SFRTA Tri Rail Coastal Link 9 Dixie Highway and NE 13th Street Complete Streets Projects 9 Development Review Committee (DRC) Traffic and Transportation reviews for City wide De-velopment Projects- Managed Consultant Con-tracts for the Traffic and Transportation Engi-neering Consultants 9 SFRTA FTA New Freedom Grant- Mobility Man-agement Consultant 9 EPA Green Streets Building Blocks for Sustain-able Development Technical Assistance Program 9 Downtown Walkability Study Action Plan 9 Las Olas Boulevard Transportation Plan- SE 8th Avenue and SE 9th Avenue All Way Stop Pilot Project 9 NW 7th and NW 9th Avenue Connector Project 9 Las Olas Bridge, Sunrise Bridge and Bridges of the Isles FDOT Bridge Rehab Projects 9 Broward MPO Technical Coordinating Commit-tee (TCC)- representative for the City of Fort Lauderdale The CGA Team led by Mr. Czerniejewski will contribute to the development of smart solutions using the very best engineering judgment with deliverables that will be carefully prepared, reviewed, submitted on time, 34 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual and within budget. Eric currently serves as City Traffic Engineer for the City of Weston and the City of Pem-broke Pines and sits on the Broward MPO TCC as a rep-resentative for the City of Weston. Eric also has trans-portation infrastructure policy making experience including his current role serving on the ASCE Nation-al Transportation Policy Committee. While serving on this committee, Eric is evaluating and drafting a posi-tion statement on Vision Zero which supports a policy to reduce traffic-related fatalities and serious injuries to zero. Vision Zero, which originated in Sweden, is based on the tenant that traffic fatalities are prevent-able, unacceptable, and even one traffic-related death is too many. Eric has visited Tallahassee Florida State Capitol and Washington D.C. multiple times each year since 2004 advocating for traffic and transportation infrastructure issues and safety enhancements on be-half of the South Florida regional community. Eric also chaired the ASCE Florida Section 2012 Infrastructure Report Card update which evaluated the condition of the existing key infrastructure categories. COMPLETE STREETS KNOWLEDGE AND DE- SIGN EXPERIENCE The CGA team has knowledge and relevant experience with Com-plete Streets design and applications. Our Project Manager, Eric Czernie-jewski, helped develop and publish the City of Fort Lauderdale’s Com-plete Streets Guidelines. He also participated in the Broward Metropolitan Planning Organization (MPO) technical coordinating committee as a representative for the City of Fort Lau-derdale during the review and approval of the Bro-ward County Complete Streets Guidelines. This effort also included participating in Broward County’s re-cent Context Sensitive Solutions Initiative/Program. He also was involved with the Downtown Walkability Study and the previously mentioned Fort Lauderdale Multimodal Connectivity Program entitled Connecting the Blocks. This relevant recent experience provides the City with a team with knowledge of actual success-ful design applications where all modes of travel are given a priority not just the automobile. A couple of relevant applications include the evaluation of sepa-rated bike lanes and the installation of rectangular rapid flashing beacons (RRFB). FDOT and Broward County have recently begun applying buffers between the vehicle travel lanes and bicy-cle lanes for improved safety. These buffers could be raised barri-ers like curb and gutter, raised delineators or a change in color and tex-ture of the pavement. The City of Fort Lau-derdale as part of their Multimodal Transpor-tation Program painted a complete bike lane in both di-rections as a pilot project and held a Safe Streets event where the City Commissioners, FDOT District Secre-tary, Transportation and Mobility Staff including Eric and his family and members of the Public helped paint the green bike lane. The CGA team also has additional experience with Complete Streets and Context Sensi-tive corridors including the preparation of the City of Weston Bicycle Master Plan. As part of an ongoing effort by the City of Weston to incorporate Complete Streets, CGA conducted a city-wide Bicycle Master Plan outlining, among other things, how the City can achieve a complete streets profile including dedicated bicycle facilities on all arterial roadways within a two (2) year period. CGA has been instrumental in provid-ing all roadway planning and design services for the City since its inception and our team has accomplished providing bicycle facilities on over 90 percent of all ar-terial roadways within the City. The complete streets improvements slated include the con-version of four-lane ar-terial roadways to two lane roadways through the implementation of road diets. CGA provid-ed comprehensive pub-lic outreach through-out the process, open house style meetings and resident surveys. 35 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual Additional relevant experience and Complete Streets application included the initial planning for the artis-tic painting of intersections along the Las Olas Corri-dor at Southeast Second Avenue and Southeast Third Avenue. As part of the City of Fort Lauderdale’s Mul-timodal Transportation Pro-gram- Connecting the Blocks, the City repainted these in-tersections as a pilot program with the Broward County Traf-fic Engineering Division in or-der to enhance the visibility of pedestrian crossings at these key crossings in the heart of the Las Olas commercial busi-ness district in the City.The CGA Team has the expertise in evaluation of high accident/crash locations and has been using Signal Four Analytics to evaluate these locations for other municipal clients such as the City of Weston and the City of Pembroke Pines. Signal Four Analytics is a pro-gram developed by the University of Florida which evaluates crash data from the Florida Department of Highway Safety and Motor Vehicles. Crash Data is up-dated nightly and are geo-located which allows them to be shown on an interactive map and be presented as a spatial distri-bution of crashes. Intersection and road segment crash data anal-ysis can be per-formed for cer-tain timeframes to evaluate types of crashes (vehi- cle/bike/pedestrian), time of day, road condition and other variables through the use of Signal Four Analyt-ics. Signal Four Analytics is a critical tool in synthesiz-ing crash data and evaluating citywide assessment of locations with potential for safety improvements. This can serve as an impetus for potential Capital Improve-ment projects in the future. The bubbles shown on this exhibit represent the different locations with crashes and the numbers in the bubbles represent the number of crashes at the respective loca-tions over the last 5 years. A priori-ty list can be cre-ated for future funding based on a certain thresh-old value of crashes (like 50+ crashes) and study these locations for potential future capital improvement projects. A similar map/list can be generated for only bicycle re-lated crashes to help update projects included as part of the Multimodal Connectivity Plan or even to support different multi-modal driven grants including the up-coming Miami Dade MPO localized initiative program. Pedestrian safety improvements along key corridors can include Rapid Rectangular Flashing Beacons and lighted crosswalks as pedestrian safety enhancements. The lighted crosswalk ensures pedestrian safety with embedded in pavement signal lights for enhancement of pedestrian crossings at night. Improving pe-destrian safety at known locations of high pedestri-an traffic at street crossings is im-portant to achiev-ing this goal. 36 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual SECTION G PROPOSED APPROACH FOR COMPLETING THE PROJECT The CGA team is keenly aware of the South Miami Intermodal Transportation Plan (SMITP) and the mobility goals of the City. The creation of a Com-plete Streets Policy and Design Manual will aim to enhance the existing transportation system and mo-bility choices for the residents and visitors to the City. The ideal Complete Streets Policy and Design Manual will accomplish the following: •Be adoptable by all agencies to cover all roads •Directs the use of the latest and best design criteria and guidelines while recognizing the need for flexibility in balancing user needs. •Directs that the Complete Streets solutions will complement the context of the community •Establishes performance standards with mea-surable outcomes •Includes specific next steps for implementa-tion of the policyCGA understands the scope of services for this RFP will include but are not limited to, providing profes-sional traffic engineering and transportation plan-ning services including: •Data Collection •Civic Engagement •Policies, Procedures and Design Standards Manual •Analysis/Needs Assessment Data Collection: The CGA team proposes to eval-uate all of the existing data that was prepared and included in the recently completed SMITP. The pre-vious collection effort included the Transportation Mobility Data Collection, Review and Analysis. The review and analysis of this information as well as the evaluation of the existing conditions and proposed improvements will provide a well-established back-ground for the development of the Complete Streets policy. Turning the Vision, Goals and Objectives out-lined in the SMITP into Multimodal Connectivity Program with a grading system and proposed list of improvement project will be a primary task. The evaluation of the existing LOS for each mode will lead to the establishment of priority corridors for the following tasks. Civic Engagement: The CGA team has experience in holding public charettes with key stakeholders and have recently did a similar project with the city of Key West as a part of the update of the Unified Land Development Regulations for Key West. This included the establishment of a Complete Streets Policy and Design Standards Manual. This one pub-lic charette will build off of the information gathered and collected as part of the SMITP process which in-cluded extensive coordination with the Green Team Task Force and the public workshop held in March of 2014. Our civic engagement will ensure to build off the sentiments received in the online survey includ-ing the following: •Supports sustainable economic development that fosters neighborhoods with more trans-portation choices; are closer to shops, schools and jobs; and are more energy efficient •Supports complete streets that encourage citizen safety, public health and economic vi-ability by promoting pedestrian safety, limit-ing widening of existing streets and providing public transportation options •Supports public-private partnerships for the implementation of complete streets •Supports safer streets, an improved economic environment and enhanced walking and bik-ing conditions in future street investments Policies, Procedures and Design Standards Man- ual: The CGA team understands that the City wants to create standards and guidelines for the imple-mentation of complete streets on the existing trans-portation network. There are many design guides that have been created including the NACTO Design Guides which have been found to be well designed and user friendly, focused on key design issues and approachable to a wide range of stakeholders. The 37 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual policies and procedures that should be covered in the update to the City’s Code of Ordinances, Comprehen-sive Plan and Land Development Code include the fol-lowing key initial policy recommendations: •Design of streets to prioritize multimodal uses not just the automobile •Pedestrian Safety Zones o Crosswalks including midblock crosswalk treatments (RRFB’s) o Traffic Signal Light priorities with actuat-ed signal options o Pedestrian Refuge Safety Islands •Speed Mitigation- Traffic Calming o Speed Tables, Speed Humps, Speed Cush-ions, Chicanes, Traffic Circles o Other Neighborhood Traffic Calming Fea-tures •Intersection Design Principles- Compact, Visi-bility •Bicycle Priority Streets- Bike lane buffers and separation, sharrows, bicycle corrals, bike share •Transit Priority Streets •Facilitation of Temporary Uses o Parklets o Plazas o Temporary Street Closures- Pedestrian Streets, Markets, Play Streets, Open Streets •Lane Width Design options •Sustainable Green Streets Design options- per-meable pavement, bioswales and rain gardens •Sidewalk Experience - wider sidewalks, incen-tives for outdoor cafes, street furniture, façade and storefront designs, removal of physical bar-riers on sidewalksThese are just some of the key items that will be ad-dressed when creating the complete streets manual and policy updates. It is our understanding that the online survey from the provided details regarding the ranking of key bicycle and pedestrian features that the residents would like to see implemented in the trans-portation network. They include the following:1) Crosswalks2) Traffic Calming3) Bicycle Lanes/Vehicle Lane Share4) Canopy Trees/Shade5) Street Lighting6) Wayfinding and Signage The CGA Team will also layout a list of innovative fund-ing options. The Federal MAP 21 funding through the Miami Dade MPO is one option but not the only ave-nue. There is the EPA Green Streets Program as well as other localized initiative programs that will be iden-tified and introduced to provide a framework for a possible funding program. A mobility fee could also be entertained which would apply a mobility fee to new development projects which get approved in the City as part of the P&Z Board and DRC review processes. Analysis/Needs Assessment: The CGA Team will take the information provided in the first three tasks and create a list of prioritized projects for inclusion in the City’s capital improvement program. The prelim-inary list of itemized projects included in the SMITP will be used as an initial base that will be expanded to include items derived through the public charette and the Complete Streets Policy and Design Manual. The SMITP identified some key priorities and a pre-liminary list of projects, which included the following: •SW 58th Avenue Greenways •Sunset Drive Sustainable Green Streets Im-provementsOnce a prioritized list of multimodal projects is creat-ed a Multimodal Connectivity Program can be estab-lished which provides a comprehensive list of projects for the City’s Capital Improvement Program. The City of South Miami must build a sustainable and resilient infrastructure. A sustainable and resilient infrastructure means smart investments in the com-munity infrastructure for long-term economic and en-vironmental viability and quality of life. Smart invest-ments include Green Streets and Sustainable Design tools include the following: •Green Streets/Complete Streets o Support for walking, biking and transit o Reduce Carbon Footprint o Placemaking and Aesthetics •Design Reflective of Surrounding Built Environ-ment •Safe and Enjoyable Through Alternatives Street Designs- Traffic Calming Designs, Walking and Biking Enhanced EnvironmentsThere are opportunities to discuss piggybacking ex-isting future planned projects for inclusion of Green Street Sustainable infrastructure. The City of South Miami is expanding and growing the existing reliable and flexible transportation system with the challenge 38 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual trying to minimize its impact on our climate and natu-ral resources. The goal of the SMITP is to make neigh-borhoods more walkable, improving traffic flow, sup-porting alternative fuel networks, and planning better streets for everyone - streets that can accommodate pedestrians, bicycles and a variety of vehicles, while also drawing business and leading to community spaces and waterways. Promoting alternative modes of transportation leads to a reduction to green house gas emissions. It also has allowed for customization of each street to include elements such as pervious paving and a reduction in stormwater runoff, and highly reflective paving to combat the heat island ef-fect. There also are opportunities to incorporate GHG absorbing trees and planted areas, which also provide habitat for wildlife. Our Project Manager is also certi-fied as a Envision Sustainability Professional (ENV SP). This certification is for someone who is trained in the use of the Envision® rating system and is credentialed by the Institute of Sustainable Infrastructure (ISI). The Envision Sustainability professional is an integral part of a project team who guides the team in achieving higher levels of sustainability; documents project sus-tainability accomplishments, and submit the project for recognition. Envision® provides a holistic frame-work for evaluating and rating the community, envi-ronmental, and economic benefits of all types and siz-es of infrastructure projects. It evaluates, grades, and gives recognition to infrastructure projects that use transformational, collaborative approaches to assess the sustainability indicators over the course of the project's life cycle. CGA TEAM PROJECT APPROACH: IDEAS, VISION AND METHODOLOGYAt CGA, excellent Project Management skills are seen as the cornerstone to any successful project. Through-out the professional services, the Project Manager will be in regular communication with the appointed rep-resentative for the City to update them on the project’s status and progress. All communication between the CGA project team and the City staff will occur through the CGA Project Manager. The CGA Team will be led by Mr. Eric S. Czerniejewski, P.E., ENV SP as Project Man-ager, who will be the central coordinator for all the ac-tivities of this project. Under his management, there will be continuous communication with the City’s Project Manager and staff. The CGA Team administra-tion and management of this contract is based on the following elements: •Complete understanding of the technical re-quirements and focus in a single area of interest •Objective to supply and expedite concurrent or multiple activities •Organization to provide flexibility •Experienced Team of professionals to resolve unique issues through the most innovative solu-tions •Staff that will be available day/night to meet with City staff and stakeholders at their request •First hand access to state-of-the-art technology •Sheer resolution and commitment to serve the City of Fort LauderdaleAs a result, the CGA Team organizational management approach is based on a pro-active leadership that strives for customer satisfaction, achievement and success. The CGA Team leadership is conscientious that timeliness and effectiveness to response to each of task work order is imperative for this important contract without overextending administrative costs. Our Project Manager considers that an essential el-ement for this contract is to maintain direct lines of communication that will allow the sharing of ideas, experience, technology, and sensitivity to current eco-nomical constrains without affecting quality of ser-vices rendered to the City. Quality Assurance (QA)/Quality Control (QC): The CGA Team recognizes the importance of a superior quality product and the need of a systematic QA/QC plan to assure excellence and client satisfaction. The CGA Team Quality Control Plan is based on the ability to provide the finest product that will be extensive-ly reviewed for facts, evidence, errors and omissions through a Total Quality Management Strategy. A de-tailed QA/QC plan is applied to each task to identify, coordinate responsibilities, and describe the proce-dures and standards to be utilized. This plan facilitates independent checks, reviews, verification of all data, as well as, standard compliance for the proper coordi-nation, and production documents as part of the con-tract. The CGA Team Q/A and Q/C plan includes as a mini-mum the following elements to ensure that the pro-duction meets accuracy and timeliness: Complete understanding of the scope, verification of accuracy 39 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual of data and field procedures, establishment of check and balances, guidance of staff in compliance with QA/QC procedures, verification of updated standards and methodologies, integrated reviews of all work levels, field observations, documentation, guidelines, plans, goals, etc. through an internal monitoring and audits of production. Scheduling: The CGA Team is committed to providing the City of South Miami with a high quality project by meeting the City’s schedule and budget requirements, as well as, assign the most qualified and dependable staff to carry out the work required under this Con-tract. The CGA Team understands that a schedule is in-tended not only for the consultant, but also for the City to coordinate their resources for reviewing submittals and for reporting to other City staff and Departments. The CGA Team values the importance of meeting mile-stone dates, review dates, and final submittal dates. A sample version of a project delivery timeline has been provided for a possible safety improvement design project. It depicts the normal steps taken in execution of a task work order assignment. This scheduling time-line illustrates the CGA Team’s methodology on effec-tively managing and executing scope of work in opti-mum time. The Project Manager will be responsible for assigning tasks to the various departments within CGA and also to any applicable sub-consultants. At the “Kick-off Meeting”, the team will be introduced to the scope, the budget and the timeline. The Project Man-ager will define the various elements of the projects and describe the quality control/quality assurance requirements at this meeting. The team’s Project Man-ager will periodically review the progress of the proj-ect to assure meeting the project timeline and budget as initially approved by the City. The Project Manager will then update City Staff of the project progress. Reg-ular project meetings will be held with City staff for all phases of the project. The CGA attendees present at the meetings will be dependent on the complexity and the phase of the project. These meetings will be focused on adherence to the project timeline, quality control, budget, and on the resolution of any outstand-ing issues. Cost Control: It is our policy to provide the most of value engineering concepts through cost-effectiveness for the conditions given. The CGA Team has demon-strated these capabilities on previous projects of this type. Cost control is provided through a custom ac-counting system software, which tracks project costs and provides project performance and billing infor-mation. The CGA Team Project Manager uses this ac-counting information and project status to track per-formance on a regular basis. Safety: In South Florida there is a constant increase in vehicular traffic, therefore our staff has been trained to become intimately familiar with roadway condi-tions and characteristics, and to be capable to assess and mitigate situations that may put them at risk. The CGA Team understands that the safety of our staff and the general public is a main concern and our safety procedures have proven to be very effective. All staff assigned to this contract follows the CGA general safe-ty rules. Workload: The CGA Team is here to serve the City of South Miami and commit to completing our delivera-bles on-time and within budget. The CGA Team of pro-fessionals has been hand selected to offer the available resources and the technological capabilities to serve the City of South Miami in all of the tasks envisioned on this Contract. The CGA Team has availability for this Contract and existing workload will not impact the needs of this Contract. 40 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual SECTION H REQUIRED FORMS See the following pages for all required forms. •Professional Services Agreement •Fixed Fee Schedule •Respondents Qualification Statement •Litigation Statement •List of Proposed Subcontractors and Principal Suppliers •Non-Collusion Affidavit •Public Entity Crimes and Conflicts of Interest •Drug Free Workplace •Acknowledgment of Conformance with OSHA standards •Affidavit Concerning Federal & State Vendor Listings •Related Party Transaction Verification Form •Presentation Team Declaration/Affidavit of Representation •Certificate of Insurance 41 42 43 44 45 46 47 48 City of South Miami – Complete Streets Policy and Design Standards Manual Deadline* Cost Man Hours Phase 1 Data Collection Task Review and Evaluate all pertinent background data $4,510.00 34 Review Existing Conditions and Propose Improvements $8,500.00 64 Create a Grading System for Multimodal Improvements $4,860.00 36 Define the City’s Transportation Network $6,950.00 50 Evaluate the LOS for pedestrian, bike, auto and transit $3,820.00 28 Deliverables- provided digitally Grading System, Define/Grade Transportation Network and Status Report to City Departments Phase 2 Civic Engagement Task Public Charrette Workshop- One workshop to be held with residents, businesses and City’s Green Task Force $4,720.00 32 Phase 3 Policies, Procedures and Design Standards Manual Task Prepare Complete Streets Design Standards Manual $9,900.00 72 Provide Policy Recommendations to City Code of Ordinances, Comprehensive Plan and Land Development Code $7,525.00 51 Innovative and Traditional Funding Recommendations $1,910.00 14 Deliverables- provided digitally Complete Streets Design Manual and Policy Recommendations and Status Report to City Departments and City Commission Phase 4 Analysis/Needs Assessment Task Identify Key Design and Operational Issues based on Future Conditions in City $2,430.00 18 Provide multimodal project recommendations $6,600.00 48 Prepare Final Report $7,030.00 50 City Commission Presentation $1,220.00 8 Deliverables- provided digitally Multimodal Project Recommendations for City CIP and Final Report and Recommendation with Project Presentation to City Commission Total Man Hours Total Cost for South Miami Complete Streets Policy and Design Standards Manual $ 69,975.00 *Schedule may be adjusted to suit City of South Miami needs Cost includes all reimbursables, except notice/advertising 49 50 51 52 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual Project Name Owner Name Telephone Number Contract PriceGIS Services City of West Park 954-989-2688 $33756/yrGeneral Planning & GIS Services Town of Medley 305-887-9541 $67,262/yrGeneral Planning Services City of W eston 954-385-2000 $747,210/yrGeneric Utility Locating & GIS Mapping Broward County 954-357-5838 $14,975Community Development Dir City of West Park 954-989-2688 $171,048/yrGeneral Planning Services Town of Pahokee 561-924 - 5534 $8,163/yrPlanning Services City of Miami Gardens 305-622-8000 $121,910/yrPlanning and Zoning Services Town of Surfside 305-861-4863 $69,303/yrLand Development Regulation Amend-ments City of Key W est 305-809-3700 $148,865/yrA1A Bike Lanes Construction Phase Ser-vices Town of Jupiter 561-746-5134 $120,000SE 2nd Street Improvements City of Delray Beach 561-243-7013 123,382CSA#5 NW 12th Avenue Improvements City of Delray Beach 561-243-7013 $91,117Sidewalks SE St & SW 17th Avenue City of Delray Beach 561-243-7013 $24,570Hallandale Art Square City of Hallandale Beach 954-458-3251 $56,330Planning Consultant Services for Prepara-tion of Unified Land Development Code Village of North Palm Beach 561-841-3380 $74,595Professional Planning Services Chateau Group 305-944-4440 $49,050Planning Consultant Services for Prepara-tion of Unified Land Development Code City of Key West 305-809-3700 $143,700Planning Consultant Services for Prepara-tion of Unified Land Development Code City of Cape Coral 239-574-0401 $198,000Nova Drive Improvements Town of Davie 954-797-1000 $459,475Davie Road Phase 2 Town of Davie 954-797-1000 $288,110Fisher Island Master Plan Fisher Island Community Association 305-535-6000 $40,000Palm Ave and SW 53rd Street Analysis Cooper City 954-434-4300 $6,205Review Traffic & Transportation Impacts of Site Plan St. Lucie County 772-462-1100 $10,140Megacenter Hallandale LLC Megacenter Hallandale LLC $10,575Broward County Mast Arms #2 Broward County 954-357-5838 $1,250,000Parkland Pine Hollow Traffic Analysis City of Parkland 954-753-5040 $9,000 WORKLOAD 53 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual LITIGATIONCustomer satisfaction is CGA ’s primary objective for every project undertaken by the firm. As such, CGA en-deavors to complete each project on time and within budget. CGA is proud to assert that CGA has not failed to provide products, perform services, or furnished goods for which we have been contracted. In the last five (5) years CGA has been involved in the following litigation:• Vue Condominium Association, Inc. vs. Vue Fort Lauderdale, L.L.C., ET AL, Case No. CACE09012422. Suit was filed March 3, 2009. This is a typical con-dominium construction defect suit involving the developer, contractor, numerous subcontractors and all the design team. The condominium asso-ciation voluntarily dismissed its claim against Cal-vin, Giordano February 2011. • Walnut Creek Community Development District vs. Standard Pacific of South Florida, GP, Inc., Et Al, Case No. CACE10019353. Suit was filed May 4, 2010. The case concerns the failure of an HDPE drainage pipe. The other parties include the de-veloper, the pipe manufacturer and the contractor. The problems are primarily the result of defective manufacture of the HDPE pipe although design and construction deficiencies also are alleged. This case has been settled. • Calvin, Giordano & Associates and Franklin County, Florida filed lawsuit N0. 4:2012cv00001 in the Flor-ida Northern District Court against B.P. Exploration and Production Inc. in January 2012. The suit was filed in an attempt to collect payment from B.P. Ex-ploration and Production for services performed by Calvin, Giordano & Associates on behalf of Franklin County, Florida. This case has been settled.• Villas at Harbor Isles Condo filed suit NO. CACE 09-043012(18) against Harbor Isles by Quantum, Inc., et. al. (Calvin, Giordano & Associates, Inc.); filed in Broward County Circuit Court. Complaint origi-nally filed 8/2009 (no claims against Calvin Gior-dano & Associates). Third Amended Complaint filed 5/2012 including claims against Calvin Gior-dano & Associates. Condominium construction defects case with claims against Calvin Giordano involving alleged improper sloping at lake banks and improperly specific catch basin grate covers. This case was settled for a payment of $2500.00 to the Association. • Merrick Preserve Condominium Association, Inc. v. Westbrooke Homes, Florida general partnership NO. CACE 08 11218(07); Third Party Complaint filed August 2011. Breach of Contract alleging fail-ure to include developer as an additional insured on commercial general liability policy; Contrac-tual Indemnification and Common Law Indem-nification claims involving alleged deficiencies in grading of back yards and paving of driveways resulting in ponding. Condominium defects suit in which developer filed third party claims against subcontractors and design professionals. The case has been settled. • Armando E. Silva, and Robin Silva, both individually and as natural parents and next friends of Spencer Silva and Heather Silva, minors, v. South Broward Hospital district, d/b/a Memorial Regional Hospi-tal, Hardrives of Delray, Inc., d/b/a Hardrives, Inc., a Florida Profit Corporation, Calvin, Giordano & As-sociates, Inc., a Florida Profit Corporation, and ANF Group, Inc., a Florida Profit Corporation, filed suit on October 25, 2013 in the Broward County Cir-cuit Court. NO. CACE13023917. A lawsuit for com-pensation was brought against Calvin, Giordano & Associates (CGA) by Armando Silva as a result of a motor cycle accident on a road designed by CGA. This case is pending.• Edward B Wallace Plaintiff vs. Calvin, Giordano & Associates Inc Defendant. Whistle Blower. Suit filed on July 23, 2012 in the Broward County Circuit Court. NO. CACE12020634.This case was dismissed. • Kevin Young vs. Calvin, Giordano, & Associates, Inc., Case NO: 0:13-cv-61870-Scola/Otazo-Reyes, filed in United States District Court for the South-ern District of Florida, Fort Lauderdale Division. ADA lawsuit. The parties have dismissed this case with prejudice in accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Dismissal with prejudice, ECF No. 66) on December 19, 2014. • Maria Carolina Cortinas; Gustavo L. Cortinas (Es-tate of Jose A. Scott), File No. 1085-0565-00 / Claim # 7030087022 April 22, 2015. Preliminary discovery – Auto Accident 54 55 56 57 58 59 60 61 62 63 64 Page 25 of 51 Thomas F. Pepe 02-23-15 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFQ, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. 65 Page 26 of 51 Thomas F. Pepe 02-23-15 Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. 66 Page 27 of 51 Thomas F. Pepe 02-23-15 No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. . (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. 67 Page 28 of 51 Thomas F. Pepe 02-23-15 (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680, § 2, 3-2-99) Editor's note- Ord. No. 6-99-1680, § 1, adopted 3-2-99, repealed §§ 8A-1 and 8A-2 in their entirety and replaced them with new §§ 8A-1 and 8A-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ 1 (1A-1), 1 (1A-2) adopted Jan. l1, 1969. 68 69 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THISCERTIFICATEISISSUED ASA MATTEROFINFORMATIONONLY AND CONFERS NO RIGHTSUPONTHECERTIFICATEHOLDER.THIS CERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELY AMEND,EXTENDORALTERTHECOVERAGEAFFORDED BY THEPOLICIES BELOW.THISCERTIFICATEOF INSURANCE DOESNOTCONSTITUTE ACONTRACT BETWEENTHEISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:Ifthe certificate holderis anADDITIONALINSURED,thepolicy(ies)must beendorsed.IfSUBROGATIONISWAIVED,subject to the terms andconditionsofthepolicy,certain policies may require anendorsement.Astatement onthis certificate doesnot confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THISISTOCERTIFYTHATTHEPOLICIESOF INSURANCE LISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANY CONTRACT OROTHER DOCUMENT WITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THE INSURANCE AFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBRINSR POLICY EFFPOLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY)(MM/DD/YYYY)INSRWVD GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADEOCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ PRO-$POLICY LOCJECT COMBINED SINGLE LIMITAUTOMOBILE LIABILITY (Ea accident)$ BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $HIRED AUTOS (PER ACCIDENT)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DEDRETENTION $ WC STATU-OTH-WORKERS COMPENSATION TORY LIMITS ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED?(Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHEABOVEDESCRIBEDPOLICIES BE CANCELLEDBEFORE THEEXPIRATION DATE THEREOF,NOTICEWILL BE DELIVEREDIN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) CALVI-2 OP ID: IG 08/05/2015 Brown & Brown of Florida, Inc.1201 W Cypress Creek Rd # 130P.O. Box 5727Ft. Lauderdale, FL 33310-5727Eric Martin Woodling 954-776-2222 954-776-4446 Hartford Casualty Ins. Co 29424 American Guar & Liab Ins Co 26247Calvin, Giordano &Associates, Inc.Attn: Dennis Giordano1800 Eller Drive #600Ft. Lauderdale, FL 33316 Twin City Fire Ins. Co.29459 Hartford Fire Insurance Co.19682 Landmark American Ins. Co.33138 1,000,000 AX 21UUNLK3645 01/01/201501/01/2016 300,000 X 10,000 1,000,000 2,000,000 2,000,000 X 1,000,000 DX 21UENZE9789 01/01/201501/01/2016 X X 10,000,000 B AUC594612806 01/01/201501/01/2016 10,000,000 X 0 X C 21WBNO3209 01/01/201501/01/2016 1,000,000N1,000,000 1,000,000 E Professional Liab LHR746782 08/27/201408/27/2015 Per Claim 2,000,000 Retention:$200,000 RETRO DATE 8/27/1959 Aggregate 2,000,000 SOUTHMI City of South Miami 6130 Sunset Drive South Miami, FL 33143 CERTIFICATE OF INSURANCE 70 City of South Miami RFQ No. PL2015-15 | Complete Streets Policy & Design Standards Manual SECTION I THE INVITATION FOR PROPOSAL AND INSTRUCTIONS TO RESPONDENTS Page 1 of 51 Thomas F. Pepe 02-23-15 CITY OF SOUTH MIAMI Complete Streets Policy & Design Standards Manual (Pedestrian Safety & Mobility Infrastructure Improvements Plan) RFQ #PL2015-15 Submittal Due Date: August 7, 2015 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as “CSM”) through its chief executive officer (City Manager) hereby solicits sealed proposals responses to the City’s request (hereinafter referred to as “Request for Qualifications” or “RFQ”). All references in this Solicitation (also referred to as an “Invitation for Proposals” or “Invitation to Bid”) to “City” shall be a reference to the City Manager, or the manager’s designee, for the City of South Miami unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFQ #PL2015-15 titled “Complete Streets Policy & Design Standards Manual.” The purpose of this RFQ is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, Exhibit 1, (Attachment A and Attachment B), described in this RFQ (hereinafter referred to as “the Project” or “Project”) Interested persons who wish to respond to this RFQ can obtain the complete RFQ package at the City Clerk’s office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami’s web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFQ Package, including all documents listed in the RFQ. The Proposal Package shall consist of one (1) original unbound proposal, five (5) additional copies and one (1) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 and the name of the Respondent (person or entity responding to the RFQ). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on August 7, 2015. Hand delivery must be made during normal business days and hours of the office of City Clerk. A public opening will take place at 10 A.M. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk’s receipt stamp. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive, South Miami, Fl 33143 on July 28, 2015 at 10:00 A.M. The meeting shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFQ Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFQ procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price or, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Maria M. Menendez, CMC, City of South Miami Page 2 of 51 Thomas F. Pepe 02-23-15 SCOPE OF SERVICES and SCHEDULE OF VALUES “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1, (Attachment A and Attachment B). END OF SECTION Page 3 of 51 Thomas F. Pepe 02-23-15 SCHEDULE OF EVENTS “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 No Event Date* Time* (EST) 1 Advertisement/ Distribution of Solicitation & Cone of Silence begins 7/9/2015 10:00 AM 2 Non Mandatory Pre-RFQ Meeting 7/28/2015 10:00 AM 3 Deadline to Submit Questions 7/31/2015 10:00 AM 4 Deadline to City Responses to Questions 8/4//2015 10:00 AM 5 Deadline to Submit RFQ-Response 8/7/2015 10:00 AM 6 Projected Announcement of selected Contractor/Cone of Silence ends 8/18/2015 7:00 PM END OF SECTION Page 4 of 51 Thomas F. Pepe 02-23-15 INSTRUCTIONS for RESPONDENT “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE “PROPOSAL” THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFQ FORM. 1. Purpose of RFQ. The City of South Miami is requesting proposals for the lowest and most responsive price for the Project. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this RFQ will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFQ where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFQ. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City’s General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Attachment/Exhibits to Supplementary Conditions b) Supplementary Conditions to Contract, if any c) Addenda to RFQ d) Attachments/Exhibits to RFQ e) RFQ f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent’s Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm’s Proposal; and d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. Page 5 of 51 Thomas F. Pepe 02-23-15 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this RFQ, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the RFQ. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10 AM, July 31, 2015 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (305) 663-6346. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFQ Package (also known as “RFQ Specifications” or “RFQ”) by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City’s website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the “Cone of Silence,” in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City’s professional staff, including the City Manager and his staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre- proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager’s written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk. In addition, you are required to comply with the City Manager’s Administrative Order AO 1-15. If a copy is not attached, please request a copy from the City’s Procurement Division. WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI- DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY’S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. THEREFORE, WHERE THE CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION. Notwithstanding the foregoing, the Cone of Silence shall not apply to… (1) Duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time that the City Manager makes his or her written recommendation; (2) Any emergency procurement of goods or services pursuant to the Miami-Dade County Administrative Order 3-2; (3) Communications regarding a particular solicitation between any person and the procurement agent or contracting officer responsible for administering the procurement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; and (4) Communications regarding a particular solicitation between the procurement agent or contracting officer, or their designated secretarial/ clerical staff responsible for administering the procurement process for such solicitation and a member of the selection committee therefore, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document.” 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to Page 6 of 51 Thomas F. Pepe 02-23-15 one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFQ, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this RFQ. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFQ and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFQ documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded a contract to perform work as a contractor, sub-contractor, supplier, sub-consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on the convicted vendor list. 17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent’s authorized representative in blue ink at the location of each and every erasure and correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue ink. All spaces shall be filled in with the requested information or the phrase “not applicable” or “NA”. The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. Page 7 of 51 Thomas F. Pepe 02-23-15 b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier’s check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this RFQ the following applies: a) Brand Names: If a brand name, make, manufacturer’s trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words “approved equal”, it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent’s risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent’s name and manufacturer’s brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFQ and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if required for this Project. 20. Respondent shall comply with the City’s insurance requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award Page 8 of 51 Thomas F. Pepe 02-23-15 of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City’s bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this RFQ shall not be responsive unless the Respondent signs the form of contract that is a part of the RFQ package. The Respondent to this RFQ acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this RFQ package and agrees that Respondent’s signature on the Bid Form and/or the form of contract that is a part of the RFQ package and/or response to this RFQ, grants to the City the authority, on the Respondent’s behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City’s sole and absolute discretion, the City may treat the Respondent’s signature on any of those documents, for all purposes, including the enforcement of all of the terms and conditions of the contract, as the Respondent’s signature on the contract, after the appropriate information has been inserted. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFQ on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFQ process or until a judgment is entered in the Respondent’s favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney’s fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required for this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. Page 9 of 51 Thomas F. Pepe 02-23-15 30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 30.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 30.2. Each Performance Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project. 30.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 30.6. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this RFQ package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent’s signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time shall, at the City’s option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier’s check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond. 32. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to make the necessary examinations or investigations, or failure to complete any part of the RFQ Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right to reject the proposal and award the contract to the second most responsive, responsible bidder with the lowest price or to reject all bids. 33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the Work. Page 10 of 51 Thomas F. Pepe 02-23-15 34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall be in accordance with EXHIBIT 1, Attachment A, “Scope of Services” and Attachment B, “Supplemental Instructions and Proposal Format for Respondents” which is a part of this RFQ Package. 35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent’s principal, partners, members or stockholders (collectively referred to as “Respondent Debtors”). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 38. Bid Protest Procedure. See attached EXHIBIT 5 39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 3. END OF SECTION Page 11 of 51 Thomas F. Pepe 02-23-15 PROPOSAL SUBMITTAL CHECKLIST FORM “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFQ. The response shall include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X Supplemental Instructions and Proposal Format for Respondents, EXHIBIT 1, Attachment B X Indemnification and Insurance Documents EXHIBIT 2 X Signed Contract Documents, Professional Services Agreement, EXHIBIT 4 X Respondents Qualification Statement X List of Proposed Subcontractors and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION Page 12 of 51 Thomas F. Pepe 02-23-15 RESPONDENT QUALIFICATION STATEMENT “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 The response to this questionnaire shall be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1. Number of similar Impact Study engagements completed, a) In the past 5 years b) In the past 10 years 2. List the last three (3) completed Impact Study engagements. a) Complete Streets Policy Engagement: Entity Name: Entity Address: Entity Telephone: b) Complete Streets Policy Engagement: Entity Name: Entity Address: Entity Telephone: c) Complete Streets Policy Engagement: Entity Name: Entity Address: Entity Telephone: Page 13 of 51 Thomas F. Pepe 02-23-15 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information shall be attached to the proposal. a) RESPONDENT’s home office organization chart. b) RESPONDENT’s proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Page 14 of 51 Thomas F. Pepe 02-23-15 Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Page 15 of 51 Thomas F. Pepe 02-23-15 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this RFQ to be used on this project if they are awarded the Contract. Classification of Work Subcontractor Name Address Telephone, Fax & Email Planning/Forecasting Transportation Studies/Policy Development General Research Other: This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder within five (5) business days after Bid Opening. END OF SECTION Page 16 of 51 Thomas F. Pepe 02-23-15 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ___________________________________________ being first duly sworn, deposes and states that: (1) He/She/They is/are the ______________________________________________________ (Owner, Partner, Officer, Representative or Agent) of __________________________________________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: _________________________________ By: ___________________________________ Witness Signature _________________________________ ___________________________________ Witness Print Name and Title ___________________________________ Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) Page 17 of 51 Thomas F. Pepe 02-23-15 On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)______________________________________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. _______________________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ______________________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) ____ Personally known to me, or ____ Personal identification: _________________________ Type of Identification Produced ____ Did take an oath, or ____ Did Not take an oath. Page 18 of 51 Thomas F. Pepe 02-23-15 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes – “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 or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list”. The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to ____________________________________________________________________________ [print name of the public entity] by ____________________________________________________________________________ [print individual’s name and title] for___________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is ____________________ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ___________________________________________________.) 2. I understand that a “public entity crime” as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an “affiliate” as defined in Paragraph 287.133 (1) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or Page 19 of 51 Thomas F. Pepe 02-23-15 (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] _____ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ____________________________________ [Signature] Sworn to and subscribed before me this __________ day of ___________________________, 20____. Personally known ________________________ ___________________________________ OR Produced identification _________________ Notary Public – State of ________________ _______________________________________ My commission expires ________________ (Type of identification) (Printed, typed or stamped commissioned Form PUR 7068 (Rev.06/11/92) name of notary public) Page 20 of 51 Thomas F. Pepe 02-23-15 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business’ policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee’s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT’s Signature: ___________________________________ Print Name: _________________________________________ Date: ______________________________________________ Page 21 of 51 Thomas F. Pepe 02-23-15 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of CONSULTANT), hereby acknowledge and agree that as CONSULTANT for the “Complete Streets Policy & Designs Standards Manual” project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor’s names): ____________________________________________________________________________________ to comply with such act or regulation. CONSULTANT _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title Page 22 of 51 Thomas F. Pepe 02-23-15 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City’s solicitation, hereinafter referred to as “Respondent”, must certify that the Respondent’s name Does Not appear on the State of Florida, Department of Management Services, “CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS”. If the Respondent’s name Does appear on one or all the “Listings” summarized below, Respondents must “Check if Applies” next to the applicable “Listing.” The “Listings” can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_susp ended_discriminatory_complaints_vendor_lists DECLARATION UNDER PENALTY OF PERJURY I, _____________________(hereinafter referred to as the “Declarant”) state, under penalty of perjury, that the following statements are true and correct: (1) I represent the Respondent whose name is ______________________________. (2) I have the following relationship with the Respondent __________________ (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists (4) I have entered an “x” or a check mark beside each listing/category set forth below if the Respondent’s name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category it means that I am attesting to the fact that the Respondent’s name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable ___ Convicted Vendor List ___ Suspended Vendor List ___ Discriminatory Vendor List ___ Federal Excluded Parties List ___ Vendor Complaint List FURTHER DECLARANT SAYETH NOT. ______________________________ (Print name of Declarant) By: ___________________________ (Signature of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the ____ day of ______________, 20_____, before me, the undersigned authority, personally appeared ____________________________________ who is personally know to me or who provided the following identification ______________ and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. ____________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL ____________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) Page 23 of 51 Thomas F. Pepe 02-23-15 RELATED PARTY TRANSACTION VERIFICATION FORM I ______________________________, individually and on behalf of ______________________________ (“Firm”)have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics, Section 8A-1 of the City’s Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _____________________________________________________________________________________ (use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. Page 24 of 51 Thomas F. Pepe 02-23-15 (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows:____________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ______________________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons’ immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City’s Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ Page 25 of 51 Thomas F. Pepe 02-23-15 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFQ, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Page 26 of 51 Thomas F. Pepe 02-23-15 Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. Page 27 of 51 Thomas F. Pepe 02-23-15 No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. . (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. Page 28 of 51 Thomas F. Pepe 02-23-15 (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680, § 2, 3-2-99) Editor's note- Ord. No. 6-99-1680, § 1, adopted 3-2-99, repealed §§ 8A-1 and 8A-2 in their entirety and replaced them with new §§ 8A-1 and 8A-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ 1 (1A-1), 1 (1A-2) adopted Jan. l1, 1969. Page 29 of 51 Thomas F. Pepe 02-23-15 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below Executed this ______ day of ___________________, 20 . ___________________________ Signature of Representative ___________________________ ______________________________ Print Name and Title Print name of entity being represented END OF SECTION Page 30 of 51 Thomas F. Pepe 02-23-15 EXHIBIT #1 Attachment A SCOPE OF SERVICES “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 INTRODUCTION/OVERVIEW Over the past decade, interest in urban redevelopment and downtown revitalization has begun to dramatically change the form of South Miami and surrounding areas. Changes in traditional land uses, architecture and the desire for intermodal transportation improvements are helping to shape the character of the City. The City of South Miami, located in Metropolitan Miami-Dade County is a full service municipal government. The City is approximately 2.5 square miles with 46 miles of roads and 13,000 permanent residents. The City, located between SW 40th Street, SW 88th Street, SW 57th Avenue and SW 69th Avenue, is adjacent to the City of Coral Gables, the Village of Pinecrest and Unincorporated Miami-Dade County. The City is home to two regional medical centers, South Miami Hospital and Larkin Hospital, a thriving downtown shopping district and a Metrorail station. The City enjoys a diverse population of residents, businesses, students, and civic organizations that are actively involved in community planning to varying degrees. The Green Task Force, a resident advisory committee, works in close association with the City Commission on sustainability and transportation issues, recommending strategies, policies and initiatives. The Green Task Force has identified as one of its main initiatives, to make the City a safe and pleasant place for pedestrians, cyclists and drivers, as well as improve multi-modal transportation options. Residents created a petition (with over one thousand signatures) urging elected officials to make South Miami more bicycle and pedestrian friendly, and as a result, the City Commission passed a resolution recognizing the importance of bicycling in transportation and recreation for the betterment of the residents and the environment. In response to recommendations by the Green Task Force, the City installed bike racks in the downtown area and began a tree planting initiative to shade sidewalks and decrease traffic speeds. In FY 2013, the City approved the funding of South Miami Intermodal Transportation Plan (SMITP) using a combination of PTP and MPO funds. The Plan was completed in early 2015 and implementation funds were allocated during the FY 2015 budget cycle. While the SMITP provides a general framework of the City's mobility in terms of walking, biking, transit, and driving with specific street types, it does not put the policies in place to ensure future developments adhere to complete streets principles. This Complete Streets Policy & Design Manual (Project) is part of a continuing effort to enhance the transportation system and mobility choices for the residents and visitors to the City of South Miami. The Project aims to enhance the pedestrian network of sidewalks, crossings, roadway improvements, shared use (bike-ped) facilities, and neighborhood greenways throughout the City, connecting residential areas with downtown shopping and dining, transit Page 31 of 51 Thomas F. Pepe 02-23-15 facilities (Metrorail and BRT) and M-Path. A main priority of this Project is to provide a safer environment for pedestrians, cyclists, and residents by through infrastructure improvements and education. This Project aims to build upon the results of the SMITP scheduled to be completed in early 2015 with a focus on pedestrian safety and mobility. APPROACH & OBJECTIVES The approach entails soliciting public involvement to develop policies that would implement the City's efforts to enhance its transportation system and mobility choices for residents and visitors. Complete street policies involve the integration of all aspects of mobility, including vehicular, bicycle, pedestrian, and transit. Specifically, this Project has the following objectives: 1) Develop Complete Streets Design Standards Manual 2) Create grading system for the level of services for each mode of transportation (pedestrian, bike, automobile, transit), define and grade City's Transportation Network 3) Make recommendations for complete streets policies and procedures to incorporate into Comprehensive Plan and Zoning Code 4) Make recommendations for specific improvements on the City's Transportation Network. The multidisciplinary approach will look at how to integrate development requirements that focus on: • Pedestrian accommodations such as wider sidewalks; traditional and raised crosswalks; median crossing islands and sidewalk bump-outs • Traffic calming measures such as lowering speeds of automobiles and defining the edges of automobile travel lanes, including center medians, shorter curb corner radii, elimination of free-flow right-turn lanes, and installation of street trees. • Bicycle accommodations such as protected or dedicated bicycle lanes, neighborhood greenways, wide paved shoulders, and bicycle parking • Mass transit accommodations such as bus pullouts, transit signal priority and bus shelters 5) Make recommendations for innovative and traditional funding solutions for implementation. GOALS The goals of the City are to achieve meaningful physical improvement in the form of complete streets, which will serve as an economic development tool for achieving long-term community sustainability. Instituting a complete streets policy ensures that transportation planners and engineers consistently design and operate the entire roadway with all users in mind – including bicyclists, public transportation vehicles and riders, and pedestrians of all ages and abilities, increasing access to physical activity opportunities for all users. Page 32 of 51 Thomas F. Pepe 02-23-15 RESPONSIBLE PARTIES City of South Miami staff will manage all aspects of the project with the majority of technical work performed by the selected consultant. PROJECT AND KEY TASKS This Project is intended to provide specific recommendations to update and amend the existing Land Development Code (zoning code) to implement smart growth, a Complete Streets Policy, and where necessary, the City's comprehensive plan will be updated to address these policy guidelines. The Complete Street Policy measures would be required of all new development and redevelopment projects, where applicable. The City is looking to evaluate the multi-modal transportation system as it pertains to the Complete Streets Program. Once the Transportation Network has been evaluated and graded, a manual of standards for how, where, when and the frequency that various improvements should be made will be outlined. Further, specific policies and procedures are needed to incorporating the recommendations into the Comprehensive Plan and Zoning Code. Finally, specific recommendation for mapping and pricing of multi-modal improvements will be needed. The Project will be accomplished through the following: 1) Data Collection 2) Civic Engagement 3) Policies, Procedures and Design Standards Manual 4) Analysis / Needs Assessment 1) Data Collection Review and evaluate all pertinent background data / information relevant to the project. This includes a review of previously completed plans and studies, such as the 2015 South Miami Intermodal Transportation Plan (SMITP), Capital Improvement Plan (CIP), the City's Comprehensive Plan and Land Development Codes, and related goals, objectives and policies, as well as the County's Unified Planning Work Program, with the intent of adopting Complete Street Policies with an emphasis on safety. Review existing conditions and propose improvements as identified in SMITP. Create a grading system, define the City's Transportation Network, and evaluate level of service for each mode (bike, pedestrian, transit, automobile) on the City's Transportation Network. 2) Civic Engagement The project shall be conducted in a meaningful, transparent and collaborative atmosphere, with public participation of the stakeholders shall be integrated into the process. Stakeholder shall include residents, businesses and the City's Green Task Force. The Project shall conduct at least one (1) public charrette workshop to include input from stakeholders. This workshop will the cornerstone to establish guiding principles and proposed design solutions. Page 33 of 51 Thomas F. Pepe 02-23-15 3) Policies, Procedures and Design Standards Manual This task entails development of necessary policies and/or regulations needed to address existing deficiencies throughout the City. Specifically, this task shall include development of a comprehensive regulatory framework to implement Complete Streets Design Guidelines Manual for adoption. The following items shall be updated: A) An independent separate Complete Streets Design Standards Manual (Manual) will be prepared to provide guidance to staff and citizens and developers on design tools and methodologies for ensuring City roads and future development address safe access for all users. The Manual shall be consistent with the goals of the SMITP and support the recommended projects that encourage the use of alternative modes of transportation, reducing dependence on the private automobile. The Manual will establish standards or guidelines to implement the City's adopted Complete Streets Policy. The Manual will take into account existing city design guidelines and standards. B) Provide policy recommendations to enhance safe access for all users, including pedestrians, bicyclists, motorists and transit riders of all ages and abilities, that fit within the context of the City of South Miami. The City's Code of Ordinances, Comprehensive Plan, and Land Development Code should be updated to include Complete Streets Policy to enhance safety and mobility and reference the adopted Manual. C) Provide innovative and traditional funding recommendations for implementation of both CIP improvements and enforcement mechanisms for new (re)development. 4) Analysis / Needs Assessment This task uses the information obtained through data collection, existing conditions and public outreach effort to identify the key design and operational issues, to enable safe access for all users including pedestrians, bicyclists, motorists and transit riders of all ages and abilities. The analysis will focus on issues such as gaps/barriers, origins/destinations, connectivity and safety and shall be based on projection of future conditions in the City. Specific recommendations of multi-modal projects that should be included on the City's Transportation Network. Identification of infrastructure improvements for inclusion in the City's Capital Improvements Program, such as traffic calming, way-finding signage, pedestrian activated crossing signals, transit connections and bike safety enhancements. DELIVERABLES • Grading System that includes or for determining the level of service of roadways for bike, pedestrian, automobile, and transit for the Transportation Network • Define and grade the City's Transportation Network • Complete Streets Design Standards Manual and recommendations to update the City's Code of Ordinances, Comprehensive Plan, and Land Development Code to include Complete Streets Policy to enhance safety and mobility • Specific multimodal project recommendations on City's Transportation Network for Capital Improvement Plan Page 34 of 51 Thomas F. Pepe 02-23-15 • Draft reports presented during briefing meetings with City staff and affected City departments at critical points in the preparation process • Draft report of Project to the City of South Miami Commission for comments • Final report with recommendations and presentation of Project to the City of South Miami Commission within 5 months of contract execution. PROJECT FUNDING This project is funded by two grants; Metropolitan Planning Organization - South Miami Pedestrian Safety and Mobility Infrastructure Improvements Plan - $40,000 and; Health Foundation of South Florida - Complete Streets Policy - $20,000. Consultant shall comply with all of the grant requirements applicable to the Exhibit 1, “Scope of Services” in the RFQ. END OF SECTION Page 35 of 51 Thomas F. Pepe 02-23-15 EXHIBIT #1 Attachment B SUPPLEMENTAL INSTRUCTIONS AND PROPOSAL FORMAT FOR RESPONDENT “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 1. Format and Content of RFQ Response Firms responding to the solicitation, shall disclose their qualifications to serve as a consultant for the City in the format set forth below. Failure to provide requested information may result in your proposal being deemed non-responsive and therefore eliminated from further consideration. A. Title Page Show the name of Respondent’s agency/firm, address, telephone number, name of contact person, date and the subject: REQUEST FOR QUALIFICATIONS For ““Complete Streets Policy & Design Standards Manual,” RFQ #PL2015-15. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm’s resources. Summarize your firm’s qualifications and experience to serve as a Consultant. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection, based on the criteria set forth above. Summarize your firm’s understanding of the work to be done and make a positive commitment to perform the work in accordance with the terms of the proposal being submitted. This section should summarize the key points of your submittal. Limit to one or two pages. D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. a. Name of Firm submitting responding to the solicitation. b. Name and title of individual responsible for the submittal. c. Mailing address. d. Telephone and facsimile numbers. Page 36 of 51 Thomas F. Pepe 02-23-15 E. Personnel and References Identify the primary individuals who will provide services to the City with regard to the day- to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm’s experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm’s and individual’s experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this project, that are provided by your firm, through subcontractors or subconsultants. F. Other Relevant Financing Experience Provide a description of your proposed primary individuals’ relevant experience over the last three years with other cities that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served as consultants for similar engagements as proposed by the City detailed in the Scope of Services in this RFQ. Please limit your response to two pages. END OF SECTION Page 37 of 51 Thomas F. Pepe 02-23-15 EXHIBIT 2 “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 Insurance & Indemnification Requirements 1.01 Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as “FIRM” with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY’s sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.02 Firm’s Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.03 Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Page 38 of 51 Thomas F. Pepe 02-23-15 (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY as well as contractual liability provision covering the Firm’s duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a “certified copy” of the Page 39 of 51 Thomas F. Pepe 02-23-15 Policy (as defined in Article 1 of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: “The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of ‘bodily injury”, ‘property damage’ , or ”personal and advertising injury” and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B”; (2) a policy provision or an endorsement with substantially similar provisions as follows: “This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City.” E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole, absolute and unfettered discretion. Indemnification Requirement A. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. B. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. C. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. D. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and Page 40 of 51 Thomas F. Pepe 02-23-15 arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional’s obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless 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 design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION Page 41 of 51 Thomas F. Pepe 02-23-15 EXHIBIT 3 Evaluation and Selection Criteria “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 Scoring and Ranking Phase I - Competitive Selection-Ranking; maximum 100 points. Consultant submittals shall be evaluated by the City. Respondents deemed as best suited and qualified shall be selected by a Selection Committee of at least three (3) City representatives for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked consultant. The evaluation factors used for determining qualifications for ranking include: • The ability of professional personnel, including the employees or principals of the firm; subcontractors (if any) and, pertinent training, skills, experience and references. Firms with in-house specialties as it relates to the scope of services will be granted a higher score. (Max. 40 points) • Firms proposed approach to provide the services as described in the Scope of Services. (Max. 30 points) • Respondent's ability to meet City timelines and budget requirements based on the current and projected workload of the firm. (Max. 20 points) • Other factors, such as; including the volume of work previously awarded to the firm by the City, with the object of effecting an equitable distribution of contracts among qualified firms, so long as the most highly qualified firms are selected. Firms that have done prior business with the City will not receive any preference in the scoring and ranking. (Max. 10 points) Phase II – Competitive Negotiations. Submittals will be evaluated by a Selection Committee. A ranking of all respondents or short- listed respondents will be determined by the Selection Committee. The Selection Committee may schedule interviews and/or presentations with the “short-list” respondents or, any respondents. A final ranking of all firms or short-listed firms will be submitted to the City Manager for review and approval. Once the City Manager has approved the final rankings, negotiations with the first ranked firm will be initiated. If those negotiations are unsuccessful, negotiations will be opened with the next ranked firm, etc., until the successful completion of negotiations and execution of contracts. END OF SECTION Page 42 of 51 Thomas F. Pepe 02-23-15 EXHIBIT 4 PROFESSIONAL SERVICE AGREEMENT “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 THIS AGREEMENT made and entered into this _____ day of ________, 20___ by and between the City of South Miami, a political subdivision of the State of Florida (hereinafter referred to as Owner or City) by and through it is City Manager (hereinafter referred to as City where applicable) and _________________ _________________authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT". In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in the Notice to Proceed (hereinafter referred to as the “WORK”), nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT plans and other data available in the CITY files pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Sevices as described in the attached Exhibit 1. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time based on reasonable determination, stated in the said Notice to Proceed.3.2A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. a. A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and attached hereto as ATTACHMENT A: b. Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the following: Category Hourly Rate Page 43 of 51 Thomas F. Pepe 02-23-15 Hourly rates include all wages, benefits, overhead and profit. If there is insufficient space above to list the hourly rates, the rates shall be in writing, signed by the CONSULTANT and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment which has been marked as ATTACHMENT TBA and attached hereto or, if no schedule of payment is attached to this Agreement then payment will be made, 30 days following the receipt of CONSULTANT’s invoice, as the work progresses but only for the work actually performed. 6.0 Right of Decisions.. All services shall be performed by the CONSULTANT to the satisfaction of the CITY’s representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value and the representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, he shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation in connection with the owner’s use and occupancy of the project. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this Agreement without the express written consent of the City. The CONSULTANT shall not assign and of its duties, obligations and responsibilities. The City will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT’s rights. The City may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the City’s requirements to the City’s sole satisfaction. The CONSULTANT shall not subcontract this Agreement or any of the goods and/or services to be provided by it without prior written consent of the City. Any assignment or subcontracting in violation hereof shall be void and unenforceable. 10.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. This applies to any sub- CONSULTANTs used by the CONSULTANT as well. The City reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the City including persons employed by any independent contractor. By reserving this right the City does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 11.0 Warranty. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that CONSULTANT has not paid or agreed to pay any company or person any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. Page 44 of 51 Thomas F. Pepe 02-23-15 12.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue a Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this agreement by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination for which no work was performed. 13.0 Term. This AGREEMENT shall remain in force until _______________ or the completion date set forth in the Notice to Proceed, which includes all authorized renewals, or unless otherwise terminated by the CITY. 14.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 15.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY’s Insurance and Indemnification requirements that are set forth in the attached Exhibit 2. 16.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 17.0 Codes, Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, County, state and federal codes, ordinances, rules, regulations and laws in effect at the time of design which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the Request for Qualifications applicable to this AGREEMENT. 18.0 Taxes. CONSULTANT shall be responsible for all payments of federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 19.0 Drug Free Workplace. CONSULTANT shall comply with CITY’s Drug Free Workplace policy which is made a part of this AGREEMENT by reference. 20.0 Independent Contractor. CONSULTANT is an independent entity under this AGREEMENT and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 21.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and City, which may be applicable to the service being provided. 22.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 23.0 Entire Agreement, Modification, and Binding Effect: This Agreement constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of Page 45 of 51 Thomas F. Pepe 02-23-15 the parties. If this Agreement was required by ordinance or the City Charter to be approved by the City Commission, no amendment to this Agreement shall be valid unless approved by the City Commission. 24.0 Jury Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 25.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which may be construed as an original. 26.0 Rules of Interpretation: Throughout this agreement the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 27.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents and the rights and remedies available to the City hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 28.0 Non-Waiver. City and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this Agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this agreement as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 29.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to do work for the City are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the Page 46 of 51 Thomas F. Pepe 02-23-15 United States Department of Justice pertaining to employment eligibility and employment practices. By signing this Agreement the CONSULTANT hereby certifies under penalty of perjury, to the City, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices and Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 30.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if required by CITY’s Charter, and the effective date shall be the date of its execution by the last party so executing it or date of approval by City Commission, whichever is later. 31.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 32.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the AGREEMENT. 33.0 Time of Essence. Time is of the essence of this AGREEMENT. 34.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 35.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 36.0 Subcontracting: If allowed by this Agreement, the CONSULTANT shall be as fully responsible to the City for the acts and omissions of its subcontractors as it is for the acts and omissions of people directly employed by it. All subcontractors and subcontractor agreements, if allowed by this Agreement, must be approved by the City. The CONSULTANT shall require each subcontractor, who is approved by the City, to agree in the subcontract to observe and be bound by all obligations and conditions of this Agreement to which CONSULTANT is bound. 37.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or Services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform its obligations hereunder; (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; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the CONSULTANT 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. If CONSULTANT or its subcontractor does not comply with a public records request, the CITY shall have the right to enforce this contract provision by specific performance and the person who violates this provision shall be liable to CITY for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. In addition, the CONSULTANT shall indemnify the City for all cost and expense incurred by the City, including Page 47 of 51 Thomas F. Pepe 02-23-15 attorney fees, due to the failure of the CONSULTANT or any of its subcontractors for failure to timely comply with this section of the Agreement. 38.0 Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested, and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the City, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E -mail: salexander@southmiamifl.gov With copies by U.S. mail to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E -mail: tpepe@southmiamifl.gov To CONSULTANT: 39.0 Corporate Authority: The CONSULTANT and its representative who signs this Agreement hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Agreement and to assume the responsibilities and obligations created hereunder; and that this Agreement is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. Grant Requirements: The Work is being funded wholly or partially with grants and the CONSULTANT shall comply with all of the grant requirements applicable to the Work. IN WITNESS WHEREOF, this AGREEMENT was executed on or before the date first above written subject to the terms and conditions set forth herein. CONSULTANT By: _______________________ _______________________ (Print Name Above) Page 48 of 51 Thomas F. Pepe 02-23-15 ATTESTED: City of South Miami By: _______________________ By: ______________________________ Maria M. Menendez, CMC Steven Alexander City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution thereof: By: ________________________ Thomas F. Pepe, Esq. City Attorney Page 49 of 51 PROFESSIONAL SERVICE AGREEMENT “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 Attachment A “Fixed Fee Schedule/Hourly Rates” Page 50 of 51 Thomas F. Pepe 02-23-15 EXHIBIT 5 “Complete Streets Policy & Design Standards Manual” RFQ #PL2015-15 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall be used for resolution of protested solicitations and awards. The word “bid”, as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. (a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days after. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt. (b) Contents of protest. A protest of the solicitation or award must be in writing (“Protest Letter”) and submitted to the City Clerk’s office within five calendar days after the date of the filing of the notice of protest. Protest Letter is considered filed when the Protest Letter and the required filing fee are received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City’s determination of what is in the City’s best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. (e) Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of the written protest. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or Page 51 of 51 Thomas F. Pepe 02-23-15 disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. (f) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (f) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT Page 1 of 2 ADDENDUM No. #1 Project Name: Complete Streets Policy & Design Standards RFQ NO. PL2015-15 Date: July 20, 2015 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question #1: Regarding RFQ #PL2015-15, Complete Streets Policy & Design Standards Manual, please see below for a question The Corradino Group would like to ask: On the Respondent Qualification Statement, questions one and two are requesting the firm’s Impact Study engagements to be addressed, could you please specify what type of Impact Study engagement you are looking for. Answer to Question #1: The City is looking for any pedestrian and vehicular Impact Study engagements, relating to fatalities and safety. Question #2: On the Respondent Qualification Statement, question 4 requests both the Respondent’s home office organization chart as well as the project organization chart to be provided. Is it acceptable for one organizational chart to be provided with a legend specifying the key personnel’s home office, or are you looking for two completely separate organizational charts one specific to the project and one indicating all persons located in the home office regardless of whether they are part of assigned team to this project? In short, how would you like this to be presented? Page 2 of 2 Answer to Question #2: Yes, one chart that combines the home office with the project organizational chart is acceptable. Question #3: In Exhibit #1 “Supplemental Instructions and Proposal Format for Respondent”, a proposed approach is not requested however, it is listed under Scoring and Ranking. Can you please advise where to include the approach in the respondent’s proposal. Answer to Question #3: Exhibit 1, Attachment B “Supplemental Instructions and Proposal Format for Respondent,” is hereby revised with the addition of the following section: G. Proposed Approach for Completing the Project Respondent shall detail a proposed approach for completing the project as described in the Scope of Services, Exhibit 1, Attachment A of the RFQ. Question #4: Can you please clarify Section F, “Other Relevant Financing Experience” and how it differs from information provided in Section E. Answer to Question #4: The title to Section F. is hereby revised to: “Other Relevant Experience.” Question #5: Consistent with Scoring and Ranking criteria, where should respondents detail prior workload with South Miami in the respondent’s proposal? Answer to Question #5: Respondents shall include prior workload with the City of South Miami in the “Respondents Qualification Statement,” Section #6. Government References. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.