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HomeMy Public PortalAbout2020 Agreement Safe Routes to School.pdfPROFFSSI ONAL SERVICES AGREEMENT VILLAGE OF EY BISCAYNE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION, ENGINEERING AND TNSPECTTON (CEt) SERVTCES RFP No. 2020-43 VILLAGE OF KEY BISCAYNE SAFE ROUTES TO SCHOOL KEY BISCAYNE K.8 CENTER LAP PROGRAM AGREEMENT REFERENCE Agreement Date: July 1, 2020 Contract No. 2020-43 Local Agency Vendor No. VF650291 81 1 -01 1 FM: 438162-1 Federal lD: D619-061-B County: 87 (Miami-Dade) 1 of66 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND KCI TECHNOLOGIES, INC. \ THIS AGREEMENT (this "Agreement" or "Contract") is made effective as of the/tay of Aqf ook -,2020 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a f tJrida municipal corporation, whose principal address is 88 West Mclntyre Street, Key Biscayne, Florida 33L49 (hereinafter the "Village"), and KCI TECHNOLOGIES, lNC., a Florida for-profit corporation, whose address is 4041 Crescent Park Drive, Tampa, Florida 33578 (hereinafter, the "Consultant"). WHEREAS, on March 79,2020, the Village issued Request for Proposals No. 2020-43 ("RFP") for construction engineering and inspection (CEl) - Under the Florida Department of Transportation's ("Department") Local Agency Program ("LAP") for which Respondents shall be prequalified by the Department ("Services"); and WHEREAS, in response to the RFP, on April 20, 2020, the Consultant submitted a proposal ("Proposal"), which is incorporated and attached hereto as part of Exhibit "A," Scope of Services and was thereafter awarded a contract; and WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a rate schedule as set forth in Exhibit "B" (the "Rate Schedule") in connection with the Services; and WHEREAS, the Village desires to engage the Consultant to perform the Services and provide the deliverables as specified below, all in accordance with the Department's LAP Manual, Section 287.O55, Florida Statutes, 23 CFR t72, the Federal Brooks Act (40 USC 1101-1104) and all other applicable Federal, State and Local regulations, including the LAP Manual forms incorporated and attached hereto as part of Exhibit "C". NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the Village agree as follows: 1. Scope ofServices 1.1. The Consultant shall furnish the Services and provide deliverables for the Project, as requested by the Village and detailed in Exhibit A. This is not a general services or umbrella type contract; the scope of Services is limited to one phase consisting of the CEI Services for the Safe Routes to School Project. The Services are to be restricted, as applicable, as the estimated construction cost does not exceed 52 million. 1.2. Prior to commencement of Services, the Consultant will provide the Village with a list of personnel and their corresponding hourly rates for the Services set forth in Exhibit A to be set forth on the Rate Schedule attached hereto as Exhibit B. 1.3. lf the Village approves the Rate Schedule for the Project, the Village will provide the Consultant with a Notice to Proceed to perform the Services set forth in Exhibit A. Consultant acknowledges that it shall not undertake to perform any Services on the Project until it has received from the Village the Notice to Proceed on such Project. 1.4. General Provisions for the Scope of Services are set forth in Exhibit A. 2 of66 1.5. Consultant shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables") to the Village. 1.5. The Consultant shall abide by the terms and requirements of the RFP, as though fully set forth herein. Furthermore, in the event any requirements of the RFP, including the laws, regulations and ordinances incorporated therein, appear to be in conflict, the Consultant shall be required to follow the most restrictive requirements. 2. Term/CommencementDate. 2.1. This Contract shall become effective upon the Effective Date and shall remain in effect through January 8, 2O2I, unless earlier terminated in accordance with Paragraph 8. Additionally, the Village Manager may extend this Contract in accordance with its LAP Agreement with the Department. The Contract shall not exceed a total of 5 years. 2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within the timeframes set forth in the Notice to Proceed for the Project in the manner provided in this Agreement, unless extended by the Village Manager. 2.3. Notices to Proceed will not be issued to Consultant until the Village has received Federal Highway Administration (FHWA) authorization and a Notice to Proceed from the Department for the Project. 3. Compensation and Pavment. 3.1. Compensation for Services provided by Consultant shall be in accordance with the detailed Compensation and Payment Method Rate Schedule attached hereto as Exhibit B that provides for reimbursement based on direct labor hours at specified hourly rates, including direct labor costs, indirect costs, and fee or profit, plus any other direct expenses or costs, subject to an estimated not to exceed total sum for Consultant's Services that shall be included as part of the Notice to Proceed, which total sum for Consultant's Services shall not be exceeded without prior written authorization of the Village. 3.2. Unless otherwise specifically provided in Exhibit B, Compensation and Payments, Consultant's invoice shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should Village require one to be performed. The Consultant's invoice must be a "Proper lnvoice" as defined by Section 2L8.72, Florida Statutes. lf Consultant is entitled to reimbursement of travelexpenses, then all bills fortravelexpenses shall be submitted in accordance with Section LI2.067, Florida Statutes. lnvoicing shall be submitted on a monthly basis. 3.3. During the Project, Consultant shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Consultant under the Statement of Work for such Project. Fees shall be paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the detailed description of Services rendered during that month for each Project. Additionally, a determination of allowable costs in accordance with the Federal cost principles will be performed for Services rendered under this Agreement. The Village shall pay the Consultant in accordance with the Florida Prompt Payment Act, Florida Statutes Chapter 2t8, Part Vll after approval and acceptance of the Services by the Village Manager. 4. Subcontractors/Subconsultants. 3 of66 4.1. The Consultant shall be responsible for all payments to any subcontractors and subconsultants and shall maintain responsibility for all of their work related to the Services for the Project. 4.2. Contractor may only utilize the services of a particular subcontractor/subconsultant with the prior written approval of the Village Manager, which approval shall be granted or withheld in the Village Manager's sole and absolute discretion. 5. Village's Responsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2. Upon Consultant's request, Village shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 6. Contractor's Responsibilities; Representations and Warranties. 5.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services for each Project as is ordinarily provided by a Consultant under similar circumstances. lf at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Consultant's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to Village requests, the Consultant shall at Consultant's sole expense, immediately correct its Deliverables or Services. 6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for the Village as an independent contractor of the Village. Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first class manner. 5.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict of lnterest. 7J. f o avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village. 7.2. No member, officer or employee of the Consultant or of the Village during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds 4 of66 thereof. This provision shall also be included in each of Consultant's subcontracts for this Project. 7.3. The contracting requirements regarding conflicts of interest as specified in 23 CFR 1.33 and the requirements of 23 CFR L72.7(b)(41 are incorporated into this Agreement by this reference. 8. Termination 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days written notice to the Consultant. The Village Manager may terminate this Agreement imediatelywith cause. 8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately stop work on the Project unless directed otherwise by the Village Manager. 8.3. ln the event of termination by the Village, without cause, the Consultant shall be paid for all Services accepted by the Village Manager up to the date of termination, provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the Project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 8.5 lf in the opinion of the Village, the Consultant refuses to execute contractual obligations as outlined in the Contract, produces an unsatisfactory performance, or neglects or refuses to address the deficit to provide a suitable resolution that meets the Village's expectations, then the Village may notify the Consultant that the Village will terminate the Contract for cause. lf at any time the Village is of the opinion that service delivery is unnecessarily delayed and will not be completed within the prescribed time, then Village may notify the Consultant to discontinue all Services under the Contract. Consultant shall immediately respect said notice and cease said Services and shall forfeit the Contract. The Village may there-upon look to the next responsive and responsible Respondent to complete the Work or re-advertise for Responses and let a contract for the uncompleted Work in the same manner as was followed in the letting of the Contract and charge the cost thereof to the Consultant under this Contract. Any excess cost arising over and above the estimated total sum of the Contract shall be charged to the Consultant. 9. lnsurance. 9.1. Consultant shallsecure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village and the Department as an Additional lnsured on all policies so allowable, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents, and volunteers naming the Village and the Department as additional insureds. Any insurance maintained by the Village shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the Village, as it deems necessary or prudent. 9.1.1.Commercial General Liability coverage with limits of liability of not less than: for combined bodily injury, 5200,000 per person and $300,000 per occurrence and for property damage, 5300,000 per occurrence. This Liability lnsurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of Sl,ooo,ooo each. 9.1.2.Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer/s Liability with minimum limits of S1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 5 of66 9.1.3.Business Automobile Liability with minimum limits of $300,000 per occurrence, combined single limit for Bodily lnjury and Property Damage. 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 the lnsurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.L.4.Professional Liability lnsurance in an amount of not less than One Million Dollars (S1,000,000.00) per occurrence, single limit. 9.2. Certificate of lnsurance. Certificates of lnsurance shall be provided to the Village, reflecting the Village and the Department, each as an Additional lnsured (except with respect to Professional Liability lnsurance and Worker's Compensation lnsurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to Village and Department prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the Village. The Certificates of lnsurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The Village and Department both reserve the right to inspect and return a certified copy of such policies, upon written request by the Village or Department. lf a policy is due to expire prior to the completion of the Services, renewal Certificates of lnsurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village and Department before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village and Department. 9.3. Additional lnsured. Except with respect to Professional Liability lnsurance and Worker's Compensation lnsurance, the Village and Department are both to be specifically included as an Additional lnsureds for the liability of the Village or Department resulting from Services performed by or on behalf of the Consultant in performance of this Agreement. The Consultant's insurance, including that applicable to the Village as an Additional lnsured, shall apply on a primary basis and any other insurance maintained by the Village shall be in excess of and shall not contribute to the Consultant's insurance. The Consultant's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each lnsured or Additional lnsured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4. Loss Pavee. The Village and Department are to be specifically named as loss payees under the Consultant's Professional lnsurance policy so that the Village and Department will be a third party beneficiary entitled to receive all money payable under the relevant policy for any claims, damages, or losses in connection with, related to, or arising from Consultant's Services or performance pursuant to this Agreement, 9.5. Deductibles. All deductibles must be declared to and be reasonably approved by the Village and Department. The Consultant shall be responsible for the payment of any deductible in the event of any claim. Self-insured retention is not allowed for this Project. 9.5. The provisions of this section shall survive termination of this Agreement. 6 of66 10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination, 11. Attornet's Fees and Waiver of Jurv Trial. 11.1. ln the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. TI.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification L2.t. To the extent provided by law, Consultant shall defend, indemnify and hold harmless the Village and the State of Florida, Department of Transportation, including their officers, agents, and employees against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of the Consultant or any of its officers, agents or employees, acting within the scope of their office or employment, in connection with the rights granted to or exercised by Consultant hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. L2.2. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by Consultant to indemnify Village for the negligent acts or omissions of Village, its officers, agents or employees or third parties. Nor shall the same be construed to constitute agreement by Consultant to indemnify State of Florida, Department of Transportation for the negligent acts or omissions of the Department, its officers, agents or employees or third parties. This indemnification shall survive the termination of this Contract. t2.3. ln any and all claims against the Village, the State of Florida, Department of Transportation, or any of their contractors, agents, officers or employees by any employee of Consultant, any subcontractor/subconsultant, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Services or anyone for whose acts any of them may be liable, the indemnification obligation under the above paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any such subcontractor/subconsultant or other person or organization under workers or workman's compensation acts, disability benefit acts or other employee benefit acts. 12.4. lt is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.O8 (Chapter 725). L2.5. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village and Department nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village and 7of66 Department are subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.6. The provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire Agreement/Modifi cation/Amendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. L5.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits. 16.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the Village which are conceived, developed or made by Consultant during the term of this Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Consultant agrees to keep and maintain public records in Consultant's possession or control in connection with Consultant's performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of five (5) years from the date of final payment under this Agreement, have access to and the right to examine and audit any records of the Consultant involving transactions related to this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section tLg.07OL, Florida Statutes. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and for up to 5 years following completion of the Agreement until the records are transferred to the Village. , Upon request from the Village's custodian of public records, Consultant shall provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 16.3 I of66 16.4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the Village. 15.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Consultant shall be withheld until all records are received as provided herein. !6.7. Contractor's failure or refusalto comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 17. Notice Pursuant to Section 119.0701(21(a), Florida Statutes. lF THE CONSULTANT HAS qUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEEMENT, CONTACT THE CUSTODIAN OF PUBTIC RECORDS. Custodian of Records: Mailing address: Telephone number: Email: Peter J. Kulpa, lnterim Village Clerk 88 West Mclntyre Street Key Biscayne, FL 33149 305-365-5506 pku lpa @ keybiscayne.f l.gov 18. Nonassienabilitv. This Agreement shall not be assignable by Consultant unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the Village's area, circumstances and desires. 19. Severabilitv. lf any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 20. lndependent Contractor. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 21. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and 9of66 in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 22. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 23. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 24. Prohibition of Continsencv Fees. 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 Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 25. Public Entitv Crimes Affidavit. Consultant shall comply with Section 287.I33, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Cooperation With The lnspector General. Consultant shall comply with Section 20.055(5), Florida Statutes. 27. Consultant Errors and Omissions. Consultant shall be responsible for technically deficient designs,rnt,serrorsandomissions,andshallpromptlycorrectorreplacJali such deficient Services without cost to the Village. The Consultant shall also be responsible for all damages resulting from such errors and omissions. Payment in full by the Village for Servicesperformed does not constitute a waiver of this representation. 28. Public Records. Florida law provides that municipal records should be open for inspection by any person under Chapter 119, F.S. Public Records law. All information and materials received by the Village in connection with responses shall become property of the Village and shall be deemed to be public records subject to public inspection. 29. Consultant Performance Evaluation . At the end of the contract, the Consultant will receive a performance evaluation from the Village based on the Department's evaluation of the Project. [Remainder of page intentionally left blank. Signature pages follow.] 10 of 66 lN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. VITLAGE OF KEY B]SCAYNE CONSULTANT \ftfuA Randell. E Prescott Ojgit.lly lig.ed by Srndell. E Pres.olt ON: (=U5,o=(Cl TECHNOLGIES lNC., ou=A014loo(lml 6D3(DOCaAm 94t2. cn=tundell, E Prercott Date:2020,07,16 l7:4101 4@By:By: r,l\', Andrea Agha Village Manager Attest: erJ. Kulpa lnterim Village Clerk Approved as to form and legal sufficiency Name: Randell F P.E, Title Viee Preqidpnt Entity:KClTechnologies Addresses for Notice: ephone) _(facsimile) email) With a copy to ne) _(facsimile) mail) fu,uBy: Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West Mclntyre Street Key Biscayne, FL 33149 305-365-5514 (telephone) 305-365-8936 (facsimile) aagha@keybiscayne.fl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 cfriedman@wsh-law.com (email) 11 of66 EXHIBIT'?" SCOPE OF SERVICES The Scope of Services are those contained below and in Consultant's Proposal dated April 20,2020, attached hereto and incorporated herein by reference. 12 of66 Response to Village of Key Biscayne RFP No. 2020-43 for Safe Routes To School Key Biscayne K-8 Center Prepared for Village of Key Biscayne Prepared by KCI Technologies, lnc. April 20, 2020 RFQ 2020-043 Primary Contact Joe Gomez, PE 5835 Blue Lagoon Drive Suite 303 Miami, FL 33126 joe.gomez@kci.com (305) 477-7667 -tE-tbr---- -- --KCI .l Lette r of I nte nt 2 4 Response Checklist Firm's Qualifications Personnel Qualifications Project I m p I ern e ntation Strategy 34 Special Consideration 37 Litigation Statement Table of 20 Contents 3.1 40 Fo rms Letter of Intent -'--*-- -rE -r- --KCI nO {001:l0lt tlmflt$ Eu *; t lr F F R i' Ft,r x lt r * i . Ir I F il 1 I iT i . {irN i ! Rl . T lri 5t [[ t ri A r;r I i (r5(\l! l,l irtrllt*r,{rltrttg . l'!}tt !.tr{fr:rJ,!}c, f l, 1}1t}A . I'hcnr {1{-176-lfrl6 April 20,2O2O Village of Key Biscayne Attn: Conchita Alvarez, MMC, Village Clerk 88 W Mclntyre St Key Biscayne, FL 33149 RE: RFQ No. 2O2O-043 Professional CEI Services for Safe Routes to School Key Biscayne K-8 Center Dear Selection Committee Members KCI Technologies, lnc. (KCl), in association with More Compliance Results, lnc. (MORE), is prepared to provide Construction Engineering and lnspection (CEl) Services, contract administration, inspection, resident compliance services and materials sampling and testing, for your Safe Routes to School - Key Biscayne K-8 Center. These improvements are critlcal to ihe overall safety, mobility and quality of life for the students, parents, teachers and residents of the Village. As a result of this effort, a NEPA Categorical Exclusion, Type 1 was submitted and approved by the Florida Department, District 6 on February 10,2O2O. This project has been approved for the Local Agency Program (LAP)funds. Primary Contact Joe G6mez, PE 5835 Blue Lagoon Drive Suite 303 Miami, FL 33126 joe.gomez@kci.com (3051477-7667 Given our long history providing CEI services to on LAP mobility projects and working closely with FDOT and numerous local municipalities throughout Florida, we clearly understand the requirements for contract administration, inspection, and oversight of materials sampling and testing from pre-construction through final acceptance and close-out. We have worked closely on LAP projects within Miami-Dade Countyfor manyyears, and most recently successfully completed the NW 52nd Street/NW 102nd Ave improvements for the City of Doral. This project included a school component at John l. Smith (K-B), and required extensive coordination with the school administration and community in order to build the improvements without interruptions to school access. At KCl, we rise to the challenge with every single project. Together, our employees are stronger and better equipped to address our clients most complex and significant projects. Our KCI team includes local professionals who are familiar with the Village. Our CEI team will be led by Joe G6mez, PE. As the Consultant Senior Project Engineer/Project Representative for the NW 52nd StreeVNW 102nd Avenue project, Joe worked closely with the City, Contractor and FDOT to successfully complete this challenging project and ensured that the City was fully Village of Key Biscayne RFQ 2020-043 reimbursed for all construction costs. Joe will be supported by the strength of our multi-discipline team that will provide the Village with a quality project the community will be proud of. Randell Prescott, PE, Regional CM/CEI Practice Leader in Florida, will be the Principal-in-Charge, ensuring that Joe and his team have all the necessary resources to complete the project on time and within budget. To guarantee that our Quality Assurance complies with all LAP requirements, Joe will rely on Jorge Ortiz, PE, a 34- year CEI veteran, to perform all necessary QA reviews. ln addition, we have added Monica Ore (MORE)to our team. Monica, who has 15 years of experience, has perfomed resident compliance services (RCS), including LAP projects, for various municipalities within District 6. Our team has been involved in the management and administration of LAP CEI inspection services contracts like this in the past and fully understands the Village's needs, as well as the LAP requirements, including adherence to the "Big 4" specifications, which govern many LAP off-system projects. We have an excellent working relationship with District 6's LAP Coordinator, Xiomara Nuftez, MBA, PMP. ln addition, we have Alfredo Reyna, PE on our team, who has been embedded with the District 6 LAP office for the past eight years, rejoining our Miami office as Senior Project Manager. Alfredo is one of the most knowledgeable individuals regarding the LAP process, including reimbursements. He will serve as a LAP Advisor to our team. To also provide effective community awareness with the Village team and residents, we are pleased to have Heidi Siegel, AICP as our Public lnformation Officer to lead all communications. Ms. Siegel currently provides training to our in-house inspection staff on the best communication practices with the public. This contract requires the assignment of inspection personnel sensitive to the resident's concerns, as well as monitoring the Contractor's on-site construction activities. This contract also involves inspecting materials entering into the project in accordance with the plans, specifications, and special provisions for the construction contract to determine that the project is constructed in reasonable conformity to the contract documents. Client satisfaction is extremely important to our team. Our growth has been the product of our performance, quality of work and completion on time and within budget. ln summary, our proposed personnel have excellent working relationships with the Village and our team would be privileged in working with you on this very important safety project. Thank you for considering us for this important contract. Respectfu bmitted, t Joe Sen ,PE ior Pro Engineer South Florida CEI/CM Practice Leader (3O5) 477-7667 Village of Key Biscayne RFQ 2020-043 Response Checklist REsPolr"s'$l!.*r,r, E coverPage E f"OleofContents E t"tt"r of lntent E Form RC: Responsechecklist E Form CqQ: Company Qualifications euestionnaire I Form CR: Client References E Ofici"l Complaint History for Qualifying License E client tist E R"l"uant Business License(s) (Company, not personal) E St"t" Corporate Certificate or other proof of authorization to transact business E Form t<S: Key Staff E form PS: List of Proposed Subcontractors (if applicable| E OrganizationalChart E r-p"ge Resume for Project Manager E f-pae" Resumes for Key Staff members E fast Involvement Breakdown E Project lmplementation Strategy E Special Considerations (Not to exceed 3 pages) El Inrurance Certificates E Form DD: Dispute Disclosure E Stat"r"nt of No Litigation or Litigation History (as applicable! E Financialstatements E Form nA: Addendum Acknowledgment I Form COn: Certificate of Authority E Form CD: Company Declaration E form SeA: Single Execution Affidavit Village of Key Biscayne RFQ 2020-043 Firm's Qualincations Firm Background KCI's professional staff of construction managers, engineers, planners, scientists, and surveyors offer a broad range of engineering services, including construction management and inspection (CEl), wireless/communications infrastructure, civil, structural, transportation, environmental, hazardous waste, mechanical, electrical, telecommunications, and soils. But engineering is not all we do. We also provide cultural and environmental resource management services, land planning and landscape architecture, geology, hydrology, ecology, and surveying. KCI has performed various CEI services to numerous clients throughout South Florida, including the following municipalities and/or agencies: Town of Bay Harbor lslands, City of Doral, City of Delray Beach, City of Fort Lauderdale, City of Marathon, City of Sunny lsles Beach, City of Lauderhill, City of Lauderdale Lakes, City of Coconut Creek, City of Parkland, Monroe County, Broward County, Miami-Dade County, Collier County, Seminole County, Seminole Tribe of Florida City of Miami, City of Port St. Lucie, City of North Lauderdale, City of Coral Springs, City of Oakland Park, City of North Miami, City of Boca Raton, City of Lakeland, Polk County, City of Haines City, and FDOT Districts 1,2, 4, and 6. At KCl, we apply knowledge, determination and skill to create a more interconnected, livable world-a society that connects us not only to our clients, but to each other. We relentlessly pursue solutions today to address tomorrow's infrastructure and environmental challenges. Please see our Litigation Statement section for official complaint history within the last five years for our qualifying professional license. Form CQQ V]LLACE OF KEY BII:SCAY}\E Company Qualification Questionnaire Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. ln no event should the total page count of all attachments to this Form exceed five (5) pages. Some lnformation may not be applicable, in such instances insert "N/A". 1. How many years has your company been in business under its current name and ownership? 29 years a. Professional Licenses/Certifications (include name and license #)* Professional Enqineerinq / CA4898 Landscape Architecture / 1C26000634 Surveying and Mapping / 186901 Florida Certificate of Good Standing I P23975 (*include active certifications of small or disadvantage business & name of certifyint entity) 2. Typeof Company: n lndividual ! Partnership Xl Corporation I lf other, please describe the type of company: a. FEIN/EIN Number: 52-1604386 Page 1 of4 lssuance Date 111111988 113012019 10/30/98 1t9/2020 LLC E Other b. Dept. of Business Professional Regulation Category (DBPR): PlqlgSSjg_n_OlE_ngj_leering i. Date Licensed by DBPR:111111988 ii. License Number:cA4898 c. Date registered to conduct business in the State of Florida: i. Date filed: 1117/2019 4/19/1989 ii. Document Number:P23975 d. Primary Office Location Soarks, Marvlancl e. Will all goods/services be provided out of the primary office location? ! Yes X No f. Local Office Location Miami Florida g. What is your primary business? Construction Engineering and lnspection Village of Key Biscayne RFQ 2020-043 (This answer should be specific) Form CQQ Rev071719 tr Form CQQ VXLLACE OF' tr(EY ]EBISCAYI\E h. Name and Licenses of any prior companies Name of Company License Name & No. N/A lssuance Date 3. Company Ownership a. ldentify all owners or partners of the company: (Attach additional pages if necessary) Name Title % of ownership KCI is 100% employee-owned. The ESOP plan owns 100% of KCI shares. Our employee owners participate in the plan as per ERISA law. No one participant exceeds 1.5% of the total composition of the plan b. ls any owner identified above an owner in another company? n yes K No lf yes, identify the name of the owner, other company names, and % ownership N/A c. ldentify all individuals authorized to sign for the company, indicating the level of their Signing authOfity (use additional pates/attachments if necessary) Name Title Signatory Authority (All, Cost Up to SAmount, No-Cost, Other) Please see Page 10 for list of authorized individuals Page2 of 4 Village of Key Biscayne RFO 2020-043 Form CQQ Rev071719 tr Form CQQ V}LLAGE OF KEY ]T}XSCAVI\E 4. Employee lnformation a. Total No. of Employees: 1,652 b. Total No. of Managerial/Admin. Employees: 137 c. Total No. of Trades Employees by Trade (Ex. 20 Electricians;5 Laborers; 2 Mechanics, etc.) Please see Paoe 11 for a list of em ovees bv discipline. 5. Recent Contracts a. ldentify the five (5) most recent contracts in which your company has provided services to other public entities. lnclude the Owner's name and contact person. Seacrest Beautificaiion Phase 1 - City of Delray Beach/Tracie Lutchmansingh, PE NE 13 Street CEI Services - City of Fort Lauderdale/Christine Fanchi, PE, PTP Las Olas Downtown Walkability Project - City of Fort Lauderdale/Christine Fanchi, PE, PTP SR 82 Widening and lmprovements - FDOT/Leighton Elliott, PE Miami Dade County EDP-PE-41WM - Miami-Dade County/Mario L6pez 6. lnsurance lnformation a. lnsurance Carrier name & address United Sta tes Su retv Com DANV 20 W. Aylesbury Road Timonium, MD 21093 b. lnsurance Contact Name, telephone, & e-mail: R. Nelson Oster / A1Ol337-9755 /roster@HMSIA.COM c. Number of lnsurance Claims paid out in last 5 years & value Page 3 of 4 Village of Key Biscayne RFQ 2020-043 0 Form CQQ Rev071719 Form CQQ VXLLAGE ()F' KEY BXSCAVNE 7. ln the space below, describe any other experience, not covered by any of the stated submittal requirements of the RFP, related to the Services to be performed under the Contract that Proposer believes is unique to its organization and would benefit the Village. Please see Special Considerations Tab. By signing below, Proposer certifies at the information contained herein is complete and accurate to the best of Proposer's kn By:4/"t6/2020 of Authori Officer Date Brvan Lawson. P . CCM. LEED AP Printed Name Page 4 of 4 Village of Key Biscayne RFQ 2020-043 Form CQQ Rev071719 tr KCI HOLDTNGS, rNC./KCI TECHNOLOGTES, rNC. OFFICERS AND DIRECTORS - 2O2O Term ofolfice for Dir€ctors is one-year and are appointed or re-appointed and elected by Trustees at their Annual Stockholders Meeting every December. Tem of office for Officers is "perpetual" until change of status as detemined by Board of Directors or when employment is teminst€d. Tirle Emplovee Nme Date ofcunent Office Business Address Chaiman of the Boud CEO & President Executive Vice PresidenVChief Operating Offi cer Executive Vice President md Assistilt Secretary Executive Vice President Senior Vice President Senior Vice Presidilt Senior Vice President Senior Vice President Senior Vice President Senior Vice President Senior Vice President/Corporate Secretary Senior Vice President Vice President Vice Presid€nt Vice President Vice Prssident Vice President Vice President Vice President Vice President Vice President Vice President Vice Presidsnt Vice President Vic€ President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President, CFO ed Tretruer Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Senior Associate & Assistmt Secretary Director Director Director Director State of Incorporation: Delaware FEIN #52-t604386 Date of Incorporation: I 2/l 5/88 Terry F. Neimeyerr* Nathm J. Beil** Christopher J. Griffith+* Hrvey M. Floyd G. Scott Lmg** W. Meritt King Brym Lawson Guy Mryncza Chales A. Phillips Jr. Barry Jmes Schoch Dmiel Scott Riddle Bayne E. Smith Thomro G. Sprehe Laurie Arensdorf Robert Atkinson Peter Boume Deborah Boyd Mehmet Boz Michael W. Burchm Eric Burgess Steven Cumor Jmes Deriu** Stephen F. Drum David J. Eberspeaker Jmes Fitz Monis Erick Fry Adm Cardner Jmes M. Gellenthin Larry Gregory Heidi Hmel Tate Jones Joel S. Keels Dana Knight Christine Y. Koski Amy Lmbert Jim Lofft Robert Macoy Susan Miller Robert Murphy Arch Noha George Perdikakis Michael Perez Joseph J. Pfeiffer, Jr. Liz Phipps Rmdell Prescott Kerry B. Rexroad Adm Rickey James H. Shmakq Andrew Smith Scott Stockburger JeffTirshman Mary C. Wiedorfer Timothy Wolfe Khalil Zaied Bruce Reed Kenneth H. Trout** Willim Jewsr+ Bamie Beasley** Courtney Bemon+* l2nst2000 08124/20t8 0210812017 t2tz4t20t0 l0/2v20t6 08t25/20t7 t2^st20t7 t0l2U20l6 0v29^98s t013Il20l7 Lolt8l20t9 l2lt5l20t7 0v30t2004 05lt9l20ts 08t2v20t8 08t2v2018 l2lt3/20t6 061t9t20t8 06t03t2014 06106/20t7 l0/17t20t6 t0/t7lz0t6 10125^998 0s^9/20t5 06/06/2017 t2^2t20t7 l0lt7/20t6 02t09t20ts tolt7 120t6 t2^0/20t9 06t06/20t7 10130/2007 02/06t2018 t2lt4t20t0 t2il2t20t7 12lL0/20t9 t0lt7l20t6 t0^7/2016 t2n6t20t6 08121t2018 05t26t2009 t0107t2014 t2^5t2000 l0lt7l20t6 12/10t2019 03/22/1996 08t21t2018 t2il5t2000 02106/20ta tol17 12016 I2lt0t20t9 l2ll7/2013 021081200s 02106120t8 02/07t2019 031021t999 t2^st2009 12ll0l20t9 t2lt0t20t9 936 Ridgebrook Road, Sprks, MD2ll52 936 Ridgebrook Road, Spilks, MD 2l 152 936 Ridgebrook Road, Spuks, MD 2 I 152 936 tudgebrook Road, Sprks, MD 21 152 936 Ridgebrook Road, Spaks, MD 2 I 152 3014 Southcross Boulevud, Rock Hitl, 5C29730 10401 Highlmd Muor Drive, Suite 120, Tmpa FL 33610 500 I I'h Avenue North, Ste 290, Nashville, TN 37203 936 tudgebrook Road, Spuks, MD2ll52 5001 Louise Drive, Suite 201, Mechanicsbug, PA l?055 936 fudgebrook Road, Sptrks, MD2ll52 2160 Satellite Blvd., Sre. 130, Duluth, GA 30097 936 Ridgebrook Road, Sptrks, MD 2 I 152 4505 Falls ofNeuse Rd., Ste. 400, Raleigh, NC 27609 3014 Southcross Boulevrd, Rock Hill, SC 29730 t352 Mmows Road, Ste. 100, Newuk, DE 19711 936 Ridgebrook Road, Spaks, MD 2 I 152 936 tudgebrook Road, Sprks, MD 2l 152 1352 Mmows Road, Ste. 100, Newtrk, DE 1971I 3014 Southcross Boulevud, Rock Hill SC 29730 936 Ridgebrook Road, Sparks, MD 2l 152 936 Ridgebrook Road, Spilks, MD 2l I 52 936 Ridgebrook Road, Spilks, MD 2 I 152 3014 Southcross Boulevud, Rock Hill, SC 29730 921 I Southem Pine Bouleytrd, Suire A, Chillotte NC 28273 2160 Satellite Blvd., ste. 130, Dulurh, cA 30097 936 Ridgebrook Road" Spaks, MD 2l 152 4505 Falls ofNeuse Rd., Ste. 400, Raleigh, NC 27609 2160 Satellite Blvd., Sle. 130, Duluth, GA 30097 936 Ridgebrook Road, Spmks, MD 2l 152 1875 Old Alabma Road, Suite I120, Roswell, cA 30076 936 Ridgebrook Road, Spilks, MD2ll52 936 Ridgebrook Road, Spilks, MD2ll52 936 Ridgebrook Road, Sparks, MD2ll52 936 Ridgebrook Road, Sparks, MD 2l 152 936 Ridgebrook Road, Sparks, MD 2l 152 936 Ridgebrook Road, Spuks, MD 2l I 52 936 Ridgebrook Road, Spuks, MD 21152 I l0l lTth Av€nue South, Nashville TN 37212 921 Mercmtile Drive, Suite H, Hanover MD 21076 936 Ridgebrook Road, Sparks, MD2ll52 801 Travis, Ste. 2000, Houston, TX 77002 300 2"d Street N, Ste. 350, La Crosse, WI 54601 4505 Falls ofNeuse Rd., Ste. 400, Ralsigh, NC 27609 10401 Highlmd Mmor Drive, Suite 120, Tmpa FL 33610 936 Ridgebrook Road, Spuks, MD2Il52 936 Ridgebrook Road, Spuks, MD2ll52 936 Ridgebrook Road, Spaks, MD 21152 936 Ridgebrook Road, Sptrkq MD 2 I 152 l43l Greenway Drive, Ste.775, Iruing, TX 75038 936 Ridgebrook Road, Spilks, MD 2 I 152 122 C Street, NW, Ste. 500, Washington, DC 20001 936 Ridgebrook Road, Sparks, MDZll52 936 Ridgebrook Road, Spaks, MD2ll52 6500 North Andrews Avenue, Fort Lauderdale, FL 33309 936 Ridgebrook Road, Spuks, MD2ll52 936 Ridgebrook Road, Spuks, MD 2 I 152 936 Ridgebrook Road, Sparks, MD 2 I 152 936 Ridgebrook Road, Sprks, MD2ll52 ** Member of the Board of Directors Village of Key Biscayne RFQ 2020-043 tr il5 l6 6tt8t92 Office Totolstoff e (} O OIll:91 : EE DE - Dover l8 DE - Nervo* l0l MD - Bel Air 25 tdD- Frededck 15 MD - tulton 28 irlD- llonsver ll MD - Sporks 403 Nl - Floin*port li PA - Exton 6 PA - Honisburg [7 PA - Pittsburgh Il VA - teesburg 3 VA - Richmond 9 VA - Virginio Seoch I NC - Chorlotte {4 NC-Grsen*oro I NC - Roleigh lll SC-Chodeston I SC - Columbis 3 SC - Graenvilb lt E SC- Rock Hill 85 @ r E ErE IN - Nsshville tl F[ - Forl Logderdqle 64 Fl-Jocksonvillo { F[ - Lehigh Acres L Ft - A4aitlond V F[ - Miomi 5 Fl - Orlondo N Fl - Tompo - Riverview tt fF[-Tomp-Wore n GA-Adonto 3 E GA- Duluri ls IEI IIEffi GA - lowrenceville GA- Roswell lN - lndionopolis OH -Alro*r OH - Cincinnoti W - boCrossa CO - Denver Uf - tuh toke Clly Corporale Adminislrolion lncluded in Office Staff Totals anly n I I { il I 4 5 Lnt r0? t36 19 43 62 33 t1 t6l 33 421 l0l ?t I8 15 1l 23 t0 T5 t{5 l?t7 2l 2 8 t? 3 Village of Key Biscayne RFQ 2020-043 FORM CR CTIENT REFERENCES IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, CONTRACTOR TO PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. REFERENCE fl Public Entity Name:Citv of Doral Reference Contact Nam Carlos Arrorrn CFM Contact Title: Public Works Director Contact Department:Public Works Contact Telephone:(30s)s93-6740 Contact g'''";1. Carlos.Arroyo@cityofdoral.com Public Entity Size/Number of Residents/Square Mi 15 uare miles/7O,42O residents Contract Start Date: 8fi012016 Contract End Date: 5/24/2018 ls the Contract still Active? Yes No Scope of Work (be as detailed as possible) Please see below CEI services for excavation and installation of new drainage structures, existing tree relocations, new landscaping, replacement of concrete sidewalk, curb and gutter, milling and resurfacing of existing pavement including new bike paths, upgrading of existing signalization and roadway lighting relocations, updating of existing school crossing beacon system at John I Smith K-B School area on NW 52nd Street and NW 1O2nd Avenue area. X Village of Key Biscayne RFQ 2020-043 tr REFERENCE S2 Public Entity Name City of Fort Lauderdale Reference Contact Christine Fanchi, PE, PTP Contact 1i11g. Assistant Director of Transportation contact Department: Enoineerinq - Transportation Contact Telephone:(954)828-5526 Contact Email: cfanchi@fortlauderdale.gov Public Entity Size/Number of Residents/Square Mileage: 36.3 square miles/182,595 residents Contract Start Date: 712312018 Contract End Date: 211812019 ls the Contract still Active? Yes No Scope of Work (be as detailed as possible) Please see below Las Olas Downtown Walkability CEI services for this mobility project included new sidewalk construction, intersection improvements, milling and resurfacing roadway lighting and ADA upgrades within the downtown business district of the City of Ft. Lauderdale, working with a very compressed schedule of completion and significant daily interaction with businesses along Las Olas Blvd. NE 13th Street CEI Services KCI provided CEI services for the repurposing of NE 13th Street to add designated green painted bike ways in both directions, bioswales,milling and resurfacing, sidewalks, installation of decorative pavers, conversion of overhead wired street lights tounderground and construction of a new roundabout with decorative art (Art in Public Places) at NE 6th Avenue, signageand pavement markings. X Village of Key Biscayne RFO 2020-043 E REFERENCE #3 Public Entity Name:Miami-Dade County Reference Contact Name: Mario L6pez Contact Title:Environmental Resources Proiect Su pervisor Contact Department:Department of RequlatorV and Economic Resources (RER) contact Telephone: (305) 372-6556 Contact Email: mario.lopez@miamidade.qov Public Entity Size/Number of Residents/Sq contract start Date: 11612018 2,431 squa re milesl2.717 million residentsuare M Contract End Date: 12/4l2O1B ls the Contract still Active? Yes NoX Scope of Work (be as detailed as possible) Please see below Scope of services include initial field survey work to record areas where future asphalt repair, roadway striping and resurfacing work is to take place. The project included FEMA-funded canal and culvert cleaning and restoration work for all County maintained canals and culverts throughout Miami-Dade County. Village of Key Biscayne RFQ 2020-043 Solicitation: 20-7695 Reference Questionnaire for: CEI Servicesfor Vanderbilt Reach Iltilitv Conversion (Name of Company Requesting Reference Information) KCI Technologies, Inc. (Name of Individuals Requesting Reference Information) Name: Carlos E. Arroyo, Director of Public Works (Evaluator completing reference questionnaire) Email: carlos.arrovo@cityofdoral.com FAX: Company: City of Doral (Evaluator' s Company completing reference) Teleohone: 305-593 -67 40 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perlorm this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best ofyour knowledge on a scale of I to 10, with l0 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdiual again). Ifyou do not have sufficient knowledge ofpast performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Resurfacing, Bike Lanes NW 52 St Completion D ate : 5 -24 -20 I 8 Project Number of Days: 652DaysProject Budget: 53,022,9 58.7 3 Item Citeria Score Ability to manage the project costs (minimize change orders to scope).10 2 Ability to maintain project schedule (complete on-time or early).l0 J Quality of work.l0 4 Quality ofconsultative advice provided on the project.10 5 Professionalism and ability to manage personnel.l0 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) l0 7 Ability to verbally communicate and document information clearly and succinctly 10 8 Abiltity to manage risks and unexpected proj€ct circumstances.l0 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.l0 l0 Overall comfort level with hiring the company in the future (customer satisfaction).t0 TOTAL SCORE OF ALL ITEMS 100 Village of Key Biscayne RFQ 2020-043 Company under KCI Technolooies I Reference: Eisman.& Russo (Name of Company giving Reference) Name/Title: Scott Woss. P.E. LEED AP, Area Manaqer (Name and Title of person giving Reference) Project:€R-82 Widenino and Reconstruction (Project for which references are being provided) Team Members for this project: KCI Technologies, lnc. RFQ Number & ritleJEGl-Nq-20J39_ cE I service; R"ionstffii- of Edwards Road (US 1 to Oleander) Telephone:(239) 699-7588 Fax: Firm's submitting proposals are responsible for providins ceEdeted Project Specific Reference forms with their proposal, Failure to orovide the comoleted Reference Forms will result in orooosal beino deemed non-resoonsive. References must be for projects that are listed under Tab's # 4 & 6 of this Request for Qualifications. Minimum of three (3) references must be provided for specific/similar projects. 1 . Describe the scope of work of the contract awarded by your company/agency to this contractor SR-82 Widening and Reconstruction, Drainage lmprovements, Lighting, Signalization, Signing and Pavement Markings from Shawnee Road to Alabama Road South. Rating: 7=Poor 5=Excellent2=Fair 3=Average 4=Good Digit.lly signed by ScottWoss S C Ott WO S S 3l'"'fi ;:'.ll}l.i:,:;'JffliH':' Date: 2020.03.1 3 1 3:27:24 -04'00' No Questions Ratinq Comments 2.Rate the level of commitment of the firm to your project. Did they devote the time andmanagement staff necessary for successful and timely work? 3.Rate the quality of customer service and the competence and accessibility of the personnel. 4.Rate the firm's interactive capability with your staff. 5.Rate the firm's success at minimizing and controlling potential mistakes, Were there bid addendums, contract change orders, etc 6 Rate the overall quality of the work. 7 Rate the comfort and confidence you had in the firm. 8 lf you have a similar contract to undertake in the future, would the firm be considered? Yes No Village of Key Biscayne RFQ 2020-043 E Solicitation: 20-77 12 Construction Management Services Reference Questionnaire for: KCI Technolosies. Inc.(Former ly Keith and Schnars" PA) (Name of Company Requesting Reference Information) Mark J. Moshier, PE/Joe Gomez, PE/Jorge Ortiz, PE (Name of Individuals Requesting Reference Information) Name:Fabian Lefler, PE - Director Planning and Development Company:Seminole Tribe of Florida (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: fabianlefler@semtribe.com FAX: Telephone: 954-894-1060 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best ofyour knowledge on a scale of I to 10, with l0 representing that you were very satisifed (and would hire the firm/individual again) and I representing that you were very unsatisfied (and would never hire the firm/indivdiual again). Ifyou do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: East-West Alice Jimmie Completion Date: Feb-2016 Project Budget: $ 2.4 million Project Number ofDays: 3AA iayt Item Citeria Score I Ability to manage the project costs (minimize change orders to scope).l0 2 Ability to maintain project schedule (complete on-time or early).l0 J Quality of work.l0 4 Quality ofconsultative advice provided on the proiect.l0 5 Professionalism and ability to manage personnel.l0 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) l0 7 Ability to verbally communicate and document information clearly and succinctly t0 8 Abiltity to manage risks and unexpected project circumstances.l0 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc.10 l0 Overall comfort level with hiring the company in the future (customer satisfaction)l0 TOTAL SCORE OF ALL ITEMS 100 Village of Key Biscayne RFQ 2020-043 KCI Technologies, Inc. Do not alter this document in any form. This is your license. lt is unlawful for anyone other than the licensee to use this document. Ron Desantis, Govemor FBPE STATE OF FLORIDA BOARD OF FI6T]EIE6;[Dor-mstss4IrcMIR$A THE H!rr'#{Effi ENGINEERS UNDER THE Always verify licenses online at MyFloridaLicense.com EXPIRATION DA 28,202t Florida Department ofAgricuh.ure and Consumer Scrvices Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahossee, I'lorida 3X99-6500 License No.: L86901 Expiration Date February28,2021 ProfessionaL Surveyor and Mapper Businees License Undel the provisions of Chaprer 472, Florida Starutes KCI TECHNOLOGIES INC 936 RIDGEBROOK RD SPARKS, MD 21152-9390 n I a{\L '4.1""1 NICOLE "NIKKI" FRIED COMMISSIONER OF AORICULTURE This is ro cenify ft.l rh. professional surveyor add mapper rvhos nome and add63 @ showD abovo is ljcen$d 6 reqljBd by Chtpter4?2, Fiqida Slatutcs. Village of Key Biscayne RFO 2020-043 a State of Florida Deportment of State I certiry from the records of this office that KCI TECHNOLOCIES, INC. is a Delaware corporation authorized to trusact business in the State ofFlorid4 qualified on April 19, 1989. The document number ofthis corporation is P23975 I further certify that said corporation h6 paid all fees due this office through December 31,2019, that its most r€cent mnual report/uniform business report wc filed on Jauary 17, 2019, md that its status is active. I further certify that said corporation hm not filed a Cenificate ofWithdrawal. Given under nq hanl znl the Grcd Seal of he State oI Flotida al Tatlaha$q the Cdpitdl, this rte /Ni'nth ldr of Januur, 2020 4wuMfr'- Seeretary ofState rrackingNumh.r lHrJ52llcu To rulh.nd.rL t&is cnificste!\tii rh. fouo$iqrile,ent.r lhls numh., lnd th.n rullu{ ahe ianardoB dbpl.yd hrtF/ .Fi.B.ruDbt.!rglFilineJc.rdfi csr.o&aiuVC.mifi cs(rAuthenricrrion Local Business Tax Riceiot Miami-Dade County, State of Florida' -fr6 6 NOT ABII -M Nfi PAY 7275487 R€NEWAL1 4047 M0JNTE $Air( ilu6 Pr c/0 (0 nslilolocrts rK tft. dE 0t lusr*s 212 PROTESSIONAL IK$|&6M MOSHIER,MIRI(JAIIE$SE - 5865XLUE,lj/llOCONEB,g!6t:t6 ur$fi'f,l3|a5 Employee(i) 9 SEPIEMSER ilI, AN(l Mu.r h dLrhyd .r ,ls ol burl.6. Puoutil to Cdniy Cd6 clr.tbrSA- k.9 & to tToo.oo,iirzzorg' - - FPPU08-|*-0r 1663 tr8.fi E320ld'' CAffi trmn tu local Business Tax Receiot Miami-Dade County, StotE of Florida' -wrsts Nor A s[ - F mt PAv 7215A85 &TSl.&MM KCr rEClrNOrOGlES rNC 5815 ELUE tA600N OR UNIT 303 MIA /tl R lll26 BENEWAL 7564(N6 30.2080 Prest b Counry Hi t(0 rofi0r06rs rNc 9k.ffE0Ftuttrg 212 P,AJCOSPIPARTNSNSHF/FNM Itrumlffinl[Eus fl'W 0ilt170t9 tPPUo8-lmr 1664 mh.lBdilIn i.crlFslysCldtDilddtu hd brhETd. h krtdhd.ttcH.?d.r. cdddd6. Uiulqdif dl4b 6 hdnN. fl.brd ?etywtit fr @ffiIsmFmrdn0l.bryhrd rqiffiSldryhr h MMr. fr ilcgf m.rbd.dhdlryLlrisrtl6fr sclddlcl.-ltbl&!Co& 9c Hn TD I LBT Village of Key Biscayne RFQ 2020-043 More Compliance Results, Inc. Detail by Entity Name Florida Profit Corporation MORE COMPLIANCE RESULTS, INC" Filing lnformation DocumentNumb€r P13000008430 FElrElN Number 46-1869733 Date Fil€d a1f25t2013 Effective Date A1n4l2A13 Stat€ FL stat$ AcTtvE Prineipgl_llddress 6820 SW 86 AVENUE MIAMI, FL33143 lliailing Address 6820 SW SGAVENUE MlAMr, FL33143 Registered Agent Name & Address ORE, MONICAG 5B2O SW B6AVENUE MIAMI, FL 33143 OfficerlD irector Detai I Name & Address Tille P ORE, MONICAG 6820 SW B6 AVENUE MtAMl, F133143 Village of Key Biscayne RFQ 2020-043 Personnel Qualifications Form KS Propose/s Team & Key Staff Key Staff Table 1. Proposer shall complete the following chart with its proposed Key Staff. lf additional space is required, use a duplicate page and attach to this form. Name lob Title Company Years of Experience Years with Proposer Licenses & Certifications Randell Prescott, PE Principal-in-Charge KCr 28 4 Please see resume Jorge Ortiz, PE OA/OC Manager KCr 35 6 Please see resume Joe G6mez, PE PM/SPE KCt 42 3 Please see resume Ramon Llana, El PA/CSS KCt 35 3 Please see resume Erick Col6n Senior lnspector KCI 8 <1 Please see resume Monica Ore RCS MORE 18 7 Please see resume Page 1 of 3 Form KS Village of Key Biscayne RFQ 2020-043 E FORM PS LIST OF PROPOSED SUBCONSUTTANTS The undersigned Respondent hereby designates, as follows, all major subconsultants whom they propose to utilize for the major areas of work for the project. The respondent/bidder is further notified that allsubconsultants shall be properly licensed, bondable and shall be required to furnish the Village with a Certificate of lnsurance in accordance with the contract general conditions. Failure to furnish this information shall be grounds for rejection of the respondent's Response. (lf no subconsultants are state "None" on first line below Firm: KClTechnol ies, lnc. Authorized Signature: Print or Type Name: B La LEED AP Title: Senior Vice President Date: 4/16/2020 No Subcontractor Name & Address Scope of Work License Number 1 More Compliance Results, lnc.Resident Compliance Support Specialist P13000008430 Village of Key Biscayne RFQ 2020-043 tr Organizational Chart Randell Prescott, PE HeidiSiegel, AICP Ramon Llana, El Erick Col6n LEGEND I More Compliance Results,lnc. Jake Ozyman, PE Joe G6mez, PE Jorge Ortlz, PE Alfredo Reyna, PE Monica Ore VILLAGE OF KEY BISCAYNE PRINCIPAL-IN.CHARGE OA/OC MANAGER PROJECT MANAGER/ SENIOR PROJECT ENGINEER PUBLIC INVOLVEMENT LAP ADVISOR PROJECT ADMIN ISTRATOR/ CONTRACT SUPPORT SPECIALIST RESlDENT COMPLIANCE SPECIALIST SENIOR ROADWAY INSPECTOR Village of Key Biscayne RFQ 2020-043 RANDELL PRESCOTT, PE PRINCIPAL-IN-CHARGE Education BMBA / Business Administration / Rider University BS / Civil and Environmental Engineering / Clarkson University Registration TrN #P623725673460 PE/FL/60393 CTQP Quality Control Manager FD0T Advanced M0T Years of Experience 28 years Mr. Prescott has 28 years of experience in transportation and public works engineering, construction management and maintenance operations. Priorto joining KCl, hewas directorof operationsforthe Florida Department of Transportation in District One. His previous FDOT experience includes positions as the district maintenance engineer in District Seven as well as various construction, maintenance and operations positons in Districts Seven and Five. Mr. Prescott currently serves as the primary liaison to the client for the provision and quality assurance of KCI's services. His responsibilities for KCI include the supervision of Florida CEI projects, performing quality assurance reviews, assembling project teams, preparing technical and price proposals, preparing and performing oral presentations, negotiating contracts, and the management of project costs, revenues, and schedules. l-75 and University Boulevard Diverging Diamond lnterchange, Sarasota/Manatee County Line, FL. Director of Operations. The $25 mittion dollar Diverging Diamond lnterchange (DDl) project was constructed by FDOT. The atypical design is the first DDI in the State of Florida. The design crosses traffic over from prior to the interchange to allow left turns to be made without opposing traffic. lt also allows for a two-phase operation of the signalized intersections. The project utilized a temporary three-lane temporary bridge with traffic crossovers and temporary drainage improvements to expedite the construction of the two new bridges. The timeline of the project was also accelerated to be completed in two years from an original estimate of approximately four years. The traffic along University Boulevard is approximately 5/000 trips per day, and the area is highly commercialized with significant retail, including a new mall. The project needed to be constructed with limited lane closures and maintaining all lanes on both roadways. A significant public outreach program was developed for both design and construction with significant involvement with elected official, local business, and the motoring public. Village of Key Biscayne RFQ 2020-043 JORGE ORTIZ, PE QA/QC MANAGER Education BS / Civil Engineering / University of Florida Registration PE/FL 137772 PE / MD 114738 Asphalt Paving Technician Levels 1 & 2 Quality Control Manager M0T Advanced FDEP Stormwater, Erosion and Sedimentation Control lnspector Training FD0T Critical Structures Construction lssues Years of Experience 35 years Mr. Ortiz has 35 years of experience in the design, project management, construction engineering and inspection (CEl) of highway transportation projects throughout the State of Florida and Maryland. He has served as senior project engineeriadministrator for FDOT projects in Districts 1, 4 and 6. His experience ranges from major interstate highway bridges to roadway projects and toll plazas. Mr. Ortiz has been responsible for contract management and administration, procurement, bid processing, cost estimating and contract negotiation for various construction projects. He is also experienced in bridge design, load rating, inspection and rehabilitation. Seacrest Beautification Phase l/NE 2nd Avenue from George Bush Boulevard to NE 13th Street, Delray Beach, F[. Senior Project Engineer. CEI services for the widening of NE 2nd Avenue to add designated green painted bikeways in both directions, repurposing of swales including removal of existing vegetation, milling and resurfacing, new sidewalks and valley gutters, reconstruction of driveways, installation of decorative pavers localized drainage improvements, signage and pavement markings. SR AlA from Oakland Park Boulevard to Flamingo Avenue, Fort Lauderdale, FL. Senior Project Engineer. This was a greenway beautification enhancement project which included the reconstruction and restoration of approximately 1.04 miles of a four-lane roadway facility to add a bike lane in each direction and a raised median. The work also included major improvements to the existing drainage system, new curb and gutter, sidewalk, extensive hardscape, lighting, signalization, signage and pavement markings. Mr. Ortiz was responsible for the contract administration and construction management of this project including field staff supervision, overall construction project schedule monitoring, quality control of contractor operations and materials certifications. Village of Key Biscayne RFO 2020-043 t JOE GOMEZ, PE PROJECT MANAGER/SENIOR PROJECT ENGINEER Education BS / Civil Engineering Technology (CET) / Florida International University AA / Pre'Engineering / Miami- Dade College Registration PE/FL 135526 Earthwork Construction lnspectionLevelsl&2 QC Manager M0T Advanced Nuclear and Safety Training HAZN/AT Training Auger Cast Pile MSE Wall Florida Engineering Society, State Chapter Dlrector, Miami Amerrcan Society of Civil Engineers (ASCE), Member Years of Experience 42 years Mr. Gdmez has 42 years of diverse civil engineering, transportation planning and design, as well as CEI and construction management experience. He has managed and directed large-scale transportation studies including major multi-level interchanges, arterial corridors and bridge replacements. Mr. G6mez is also a construction dispute resolution expert, having served on several Dispute Review Boards (DRBs) for the Florida Department of Transportation (FDOT) and Miami- Dade Expressway Authority (MDX). He has significant experience in the areas of public and community involvement, inter-agency coordination and traffic management systems. Seacrest Beautification Phase l/NE 2nd Avenue from George Bush Boulevard to NE 13th Street, Delray Beach, FL. Senior Project Engineer. CEI services for the widening of NE 2nd Avenue to add designated green painted bikeways in both directions, repurposing of swales including removal of existing vegetation, milling and resurfacing, new sidewalks and valley gutters, reconstruction of driveways, installation of decorative pavers localized drainage improvements, signage and pavement markings. NW 52nd StreeUNW 102nd Avenue CEI Services, Doral, FL. Senior Project Engineer/Project Manager. Mr. Gdmez provided CEI services for this $3 million project for the City of Doral. The project, a Local Agency Program (LAP) off-highway system, includes the construction of a new French drain system, upgraded pedestrian improvements including Americans with Disabilities/Accessibility (ADA) detectable warning devices, pedestrian signal heads and solar powered rectangular rapid flashing beacons for added safety at crosswalks, milling and resurfacing and new bicycle lanes. NE 13th Street CEI Services, Fort Lauderdale, FL. Senior Project Engineer/Project Manager. The project entailed reconstruction of NE 13th Street from NE 8th Avenue to the Florida East Coast (FEC) Railroad (R/R). lt included adding bike lanes, removal of existing traffic signal and construction and new roundabout, bio-swales, new street lighting, milling and resurfacing. Village of Key Biscayne RFQ 2020-043 Professional References for the Project Manager: City of Doral Carlos Arroyo, CFM Public Works Director (305) 5e3-672s Jo rge. gomez@cityofdora l.com City of Fort Lauderdale Christine Fanchi, PE, PTP - Transportration Project Manager (954) 828-5s26 cfa nchi@fortla uderda le.gov Norwegian Cruise Line Holdings, Ltd. Caridad Sola, AlA, NCARB, LEED AP - Director, Onshore Design Development and Construction (305)-s88-8416 csola@nclcorp.com Village of Key Biscayne RFO 2020-043 tr HEIDI SIEGEL, AICP PUBLIC INVOLVEMENT Education BA / History / Queens College MA / Master of Heritage Preservation, Historic Preservation / Georgia State University Registration ArcP/FL 1023225 American Planning Association Chair of the Broward County Bicycling and Pedestrian Advisory Committee (BPAC) Florida Planning Assocration Years of Experience 21 years Ms. Siegel leads the firm's planning division. She has 21 years of professional experience in the planning and development field, in both the public and private sector. Ms. Siegel has experience and success in reviewing, updating and implementing land development regulations and comprehensive plans, master plans, corridor redevelopment, economic development, community redevelopment areas, capital improvement planning, public outreach and consensus building, and public speaking Miami Beach Comprehensive Plan, Miami Beach, FL. Project Manager. Ms. Siegel is overseeing the Evaluation & Appraisal Report (EAR) update to the Miami Beach Comprehensive Plan. This update includes public outreach, updated data and analysis, and proposed Comprehensive Plan amendments that address changes to Florida Statutes and incorporate the City's recent local plans, studies and initiatives. Specifically, Ms. Siegel is producing the Historic Preservation Element and providing quality control on the final document. City of Miami Gardens Finding of Necessity, Miami Gardens, FL. Project Manager. Ms. Siegel served as project manager for the Miami Gardens NW 27th Avenue Community Redevelopment Area (CRA) Plan to establish the first CRA in the City. Led and facilitated community meetings, coordinated with Miami-Dade County, and presented to City Council Oakland Park Cost Recovery Professional Services, Oakland Park, FL. Project Manager. Ms. Siegel acts as an extension of City staff for a land use plan amendment application to convert a '139-acre property designated open space to residential. She is tasked with reviewing the submittal package and the existing Comprehensive Plan, meeting with the applicant and city officials, frequent communication with city staff, preparing the Development Review Committee submittal staff memo, coord inatin g add itional traff ic a nalysis a nd stormwater reviews, attend i n g all city meetings and representing City staff at the City Commission. Village of Key Biscayne RFQ 2020-043 a ATFREDO REYNA, PE LAP ADVISOR Education BS / Civil Engineering / Florida lnternational University BS / Mechanical Engineering / Florida lnternational U niversity Registration PE/FLl44t66 Years of Experience 34 years Mr. Reyna has been involved in a variety of transportation/highway and site development projects. He has served from the team management level to the production/design level, and his experience includes geometry design (vertical and horizontal), traffic control plans (TCP), storm drainage systems, pavement marking and signing, signalization, utilities, water/ sewer systems, right-of-way maps preparation, and site development. Project Management and Administration Support, Miami, FL. LAP Coordinator. Mr. Reyna's responsibilities included: reviewing project design documents (plans, specs, bid packages) submitted by the local agencies, and verifying that these documents met the current design standards, as well as the Federal requirements. Mr. Reyna had also been responsible for evaluation agencies performances and grading/ ranking applications for future LAP projects. As the LAP projects are part of the Department Work Program, Mr. Reyna had also been responsible for ensuring that the project's schedules met the FDOT Work Program letting dates. Dr. Martin Luther King Boulevard, Miami-Dade County, FL. Project Manager/Project Engineer. Mr. Reyna was responsible for the fast-track production of improvements for Dr. Martin Luther King, Jr. Boulevard (NW 62nd Street). Dr. Martin Luther King, Jr. Boulevard is a major urban road consisting generally of a four-lane divided configuration with left and right turn lanes. The project corridor was divided in two sections: from NW 37th Avenue to NW 1'l2th Avenue (under Miami-Dade County jurisdiction), and from NW 12th Avenue to l-95 (under City of Miami jurisdiction), with an approximate length of 2.56 miles and 0.64 miles, respectively. The project design involved milling and resurfacing, sidewalk beautification and restoration, ADA ramp reconstruction, landscape restoration, new lighting and reconstruction of several linear parks. The project also included coordination with FD0T, MDCPWD and the City of Miami. Village of Key Biscayne RFQ 2020-043 Eil RAMON LLANA, EI PROJECT ADMINISTRATOR / CONTRACT SUPPORT SPECIALIST Education BS / Civil Engineering / Florida International University AA / Civil Engineering / Miami-Dade College Registration Asphalt Paving Technician Level 1 Earthwork Construction lnspectionLevelsl&2 Final Estimates Levels 1 & 2 Quality Control Manager FD0T Tier 1 lllicit Dlscharge Detection and Elimination TROXLER Nuclear Training and Safety HAZMAT Training MOT Advanced IMSA Traffic Signal Inspector ATSSA Worksite Traffic Supervisor Certification MSE Wall Certificatron Years of Experience 35 years Mr. Llana has 35 years of CEI experience, and within those years he has worked on projects ranging from major roadway construction to bridge construction. He has served as both project administrator and contract support specialist on FDOT projects in Districts 4 and 6, as well as Tallahassee's Central Office and the Turnpike. Mr. Llana is responsible for various CEI projects to perform quality assurance of final estimates, documentation procedures and other critical CEI functions on an as- needed basis. NE 13th Street from NE 4th Avenue to NE 8th Avenue, Fort Lauderdale, FL. Contract Support Specialist. Mr. Llana provided CEI services for the repurposing of NE 13th Street to add designated green- painted bikeways in both directions, bio-swales, milling and resurfacing, sidewalks, installation of decorative pavers, conversion of overhead wired street lights to underground and construction of a new roundabout with decorative art (Art in Public Places) at NE 6th Avenue, signage and pavement markings including handicap ramps. NW 52nd StreeUNW 102nd Avenue CEI Services, Doral, FL. Contract Support Specialist. Mr. Llana provided CEI services for this $3 million project for The City of Doral. This project was a LAP off-highway system. The project included the construction of a new French drain system, upgraded pedestrian improvements including ADA-detectable warning devices, pedestrian signal heads and solar-powered rectangular rapid flashing beacons for added safety of pedestrians traversing crosswalks, milling and resurfacing and new bicycle lanes. Reconstruction of NW 25th Street, Miami-Dade County, FL. Contract Support Specialist. This project included the reconstruction of NW 25th Street and the construction of the viaduct over the Palmetto Expressway. Mr. Llana was responsible for all project documentation, which included conespondence, construction contract changes (SAs, work orders, etc.), design issues and plans submittals, measurements and computations tracking, preparation of monthly estimates and final estimate package. Village of Key Biscayne RFQ 2020-043 ERICK COTON SEN IOR ROADWAY I NSPECTOR Education BS / Environmental Engineering / Polytechnic University of Puerto Rico Registration Asphalt Paving Levels 1 & 2 Concrete Field lnspector Earthwork Construction Levels 1 & 2 Drilled Shaft Inspection Final Estimates Level 1 MOT Intermediate ACI Concrete Testing Level 1 IMSA Traffic Signal lnspector Level I Stormwater Management lnspector Nuclear Gauge Safety Certification CriticalStructures Construction lssues Years of Experience B years Mr. ColSn has over eight years of experience in all facets of roadway inspection. lncluding roadway lighting and ITS technologies. He has worked on complex projects for various state and county agencies. Mr. Coldn is also proficient in GIS software and applications including ARCGIS. Miami Dade Expressway (MDXI SR-836 Widening Project, Miami, FL. CEI Roadway lnspector. Mr. Co16n was responsible for soil density testing for embankments, MSE walls, roadway sub-bases and bases, and drainage structures. He also performed concrete testing, inspected all the roadway activities, identified and reported deficiencies related to roadway construction, and identified and reported deficiencies for the Storm Water Pollution Prevention Plan Report (SWPPP). He also identified and reported deficiencies for the lntelligent Transportation System (lTS) and street lighting. Mr. Col6n reported pay items related to ITS and street lighting. Consent Decree Program, WASD South District (Black Point), Miami, FL. CCTV Reviewer. Mr. Col6n was responsible for synchronizing CCTV videos on GraniteNet database. He reviewed CCTV videos under the lnfiltration and lnflow program. He created pipe repairs work orders using EAMS application, and identified and reported critical cases of defects and infiltration in pipelines. Department of Natural and Environmental Resources of Puerto Rico (DNER|, San Juan, Puerto Rico. GIS Technician. Mr. Coldn was responsible for creating digital data and maps with ArcGlS for environmental assessments and performing data analysis for government assessments. Other Registrations lnclude: MSE Wall Computer-Based Training; NASSCO: PACP, MACP, LACP; lndustrial Validation Certification; OSHA 30 Hour General lndustry; GHS and 0SHA Hazard; Auger Cast Piles ComputerBased Training; Public Records Computer-Based Training; Geographic lnformation System; Fulcrum Platform Mapbox; ArcGlS software; GraniteNet Village of Key Biscayne RFQ 2020-043 Ed Monica Ore Resident Compliance Specialist 18 Years of Experience Mrs. Ore has over 16 years of experience in the Construction Engineering and lnspection field. She is a self-starter, responsible, and detailed oriented individual, She has served the Florida Department of Transportation (FDOT) District 6, Miami-Dade Expressway Authority (MDX) Miami Dade County, The City of Miami, The City of Miami Beach, and The Village of Virginia Gardens on LAP and Federal Aid Funded Projects. Project Experience Lead Resident Compliance Specialist - 1395 Group Project (September 2018 to Present) In charge of leading the Compliance Team, including but not limited to assigning areas of responsibility for each Team Member. Responsible for the overall EEO/DBE/OJT and Wages Compliance. In charge of reviewing monthly EOC DBE Payments and Commitments; and reviewing Design consultants are reporting accurately. Tasks also include generating the monthly Compliance Status Report (CSR). Contact: Jacqueline Sequeira, P E - FDOT Special Construction Projects Manager (305) 986-2551/ Email: Jacqueline,Sequeira@dot,state.fl.us, Resident Compliance Specialist - District 6 South Dade Residency (March 201 ?-Present)/ (lune 201 3 - May 201 5) Responsible for the EEO/DBE/OJT and Wages Compliance for all ln House South Dade Residency Projects. Tasks include performing monthly reviews of DBE Commitments and DBE Payments. Responsible for reviewing the Monthly Commercial Useful Function (CUF) Reports for each ln- House Residency Project. Responsible for overseeing OJT Trainee Program requirements for the ln-House Projects. Responsibilities also include preparing Annual July Reports for all ln-House South Dade Residency Projects, Contact: Andres Berisiartu, P.E.- FDOT South Dade Resrdenf Engineer Qa5) 640-7433/ Email: Andres.berisiartu@dot.state.fl.us Compliance Officer - City of Miami Beach Safe Routes to School Construction LAP Projects - Biscayne Elementary, North Beach/ Nautilus Middle Elementary, Feinberg-Fisher K-8 Center (January 2018 - January 2019) Responsibilities include reviewing weekly Certified Payrolls for Prime and Sub Contractors. Also, responsible for performing monthly Employee Labor lnterviews to verify minimum wage requirements and proper classifications. ln charge of reviewing monthly EOC DBE Payments and Commitments; as well as performing monthly Commercial Useful Function (CUF) Reports on all active DBE's on the Project. Responsible for performing reviews on the Job Site Bulletin Board. Contact: Josiel Ferrer-Diaz, E l. - City of MiamiBeach, Assisf. Director Transportation Department (305) 673-7000 x6831/Email: JosielFerrer@miamibeachfl.sov Resident Compliance Specialist - Krome Avenue Reconstruction North Group (August 2A1 5 - Responsible for reviewing all Certified Payrolls, including the Prime and all Sub Contractors. Tasks also include reviewing Field Labor lnterviews for required minimum wage, and non-discrimination. Responsible for Monthly DBE Monitoring and OJT Monitoring. Responsible for submitting Monthly Compliance Reports, In charge of preparing Progress Meeting Minutes, Also responsible for scanning all prolect documents into EDMS, Contact: Hector Fung, P.E. - FDOT Project Oversite lll PAq 962-4106. Compliance Specialist QC - Miami Dade County Public Works - People's Transportation Plan (PTP) lmprovements to Old Cutler Trail Bicycle Route (Phase ll) LAP Project (Sepfem ber 2016 - June 2017) Performed quality control reviews on Certified Payrolls for Prime and all Sub- Contractors. Review also included checking DBE Payments and DBE Commitments, Job Site Bulletin Board lnspections, and Labor lnterviews, Quality control review included verifying subcontracts for FHWA1273 lnclusion and required adherence language. Contact: Alvaro Caslro, Specn/ Project Administrator 2, (305) 375-2796. Compliance Specialist - City of Miami - Miami Greenway LAP Project (December 2015- August 2016) Responsible for reviewing weekly Certified Payrolls for Prime and all Sub-Contractors, ln charge of reviewing monthly DBE Payments and DBE Commitments. Responsibilities also included reviewing Sub Contractor Contracts for FHWAl273 lnclusion, and required adherence language. Responsible for performing monthly Job Site Bulletin Board inspections and reviewing monthly Labor Employee lnterviews. Responsible for attending FDOT Audits conducted at25o/o,500k and 100% of Pqect Completion, Contact: David Adato, P.E., City of Miami Constructi on M anager (30 5) 4 1 6- 1 899 Resident Compliance Specialist Auditor - CEI District 6 Residency - ARRA/ LAP (October 2009 - Decenber 2012) Responsible for ensuring Federal Compliance on all the American Reinvestment and Recovery Act (ARRA) Projects and Local Agency Prolects(LAP) assignedtoFDOTDistrict6. ResponsibleforcomplianceadministrationofoverlS0individual FederallyFundedProjectsfor Miami-Dade and Monroe Counties. Responsibilities also included ensuring EEO Compliance for over 40 different Municipalities administered LAP Prolects according to Federal Guidance. Tasks included performing Oversight Compliance Audits at a 50% and a 100% completion of each individual Project. Tasks also included conducting Oversight Field Visits. Contact: Barbara Espino-Perez - FDOT District 6 Construction M a nage r (30 5) 640 -7 40 5. 6820 SW 86 Avenue, Miami, FL 33143 T:186.376.5739 Education. BachelorofBusiness Administration, Florida lntemational Univenity, 2003. Primary Major: lnternational Business Second Major: Management Key Skills EOC Reporting System Employment Historyr MORE Compliance Results, lnc. (Jan. 2013 to Present)r Bolton Perez &Associates (Oct. 2009 to May 2015). CSA Group (May 2002 to Sep, 2009) Citrix CARS EDIVS Project Solve LAPIT Microsoft Office Village of Key Biscayne RFQ 2020-043 NAME ROLE RELATIVE TASK INVOLVEMENT (hours/week) TOTAL PROJECT INVOLVEMENT (toial hours) Jorge Ortiz, PE KCI OA/OC Manager B (per phase)24 Joe G5mez, PE KCI Project Manager/ Senior Project Engineer 2 49.5 HeidiSiegel, AICP KCI Public lnvolvement As needed As needed Alfredo Reyna, PE KCI LAP Advisor As needed As needed Ramon Llana, El KCI Project Administrator/ Contract Support Specialist 6 148.5 Erick Col6n KCI Senior Roadway lnspector 40 990 STAFF AVAILABILITY All hours ond percentoges ore estimotes. Any tosk chonges will olter staff members' numbers. Village of Key Biscayne RFO 2020'043 E Prqect Implementation Strategy PROJ ECT I M PLEM ENTATION STRATEGY The following describes our Team lmplementation Strategy to successfully manage the CEI services for the Safe Routes to School K-8, Key Biscayne. The key to an effective Project Management Plan (PMP) is based on four principles: documentation, communication, schedule and budget. lf any of these fails, the project will be adversely impacted or fail. Our implementation strategy is one that integrates all four of these elements. Our project goals include staying ahead of issues early on, establishing clear and concise team communications plan and a regular reporting system that will ensure the successful completion of the project. Once construction has begun, we will act as an extension of the Village, monitoring the contractor's on-site construction operations and materials testing to ensure quality workmanship and conformance to plans, specifications and other contract docu m ents wh ile provid in g contract ad m i n istratio n. Pre-Construction Activities: The key to any successful project is preparation. Our team carefully reviewed the project construction plans and undertook a comprehensive field review to understand some of the project challenges. The following are comments from our plan review: 1. Pay ltem No.104-18 (lnlet Protection System) The summary of pay items table shows two inlet protection systems for sheet 18, but in that sheet, there is just one inlet protection illustrated. Existing drainage CADD layer on some sheets appear to be turned off. 2. Pay ltem No. 522-1(Concrete Sidewalks and Driveways, 4" Thick) The pedestrian ramps located at the crosswalks of Ridgewood RD on sheet 22 mighl have the wrong pay item labeled or they might have the wrong info. The pay items labeled in the plan sheet for the pedestrian ramps from Sta. 18+80 to Sta. 22+50 are 522-1. That pay item corresponds to a four-inch concrete sidewalk and driveway, but in the plans, they are illustrated as six-inch sidewalks. According to lndex 522-OO1, six-inch concrete is used for driveways, orfor sidewalks and curb ramps located within curb returns. 3. Pay ltem No. 522-1(Concrete Sidewalks and Driveways,6" Thick) .' On sheets 18,24,26 and 29 the CADD layer for six-inch concrete sidewalks appears to be turned off for the pedestrian ramps. On sheet 26 the legend does not indicate six-inch concrete sidewalk, it may be missing 4. Pay ltem No. 527-2 (Detectable Warnings) , , The Summary of Pay ltems table shows 68 SF of detectable warnings for sheet 1Z but there are 78 SF of detectable warnings on that sheet. 5. Pay ltem No. 7OO-1-11(Single Post Sign, F&l Ground Mount, up to 12 SF) , The summary of pay items table shows four signs assembly for sheet 1Z but there are seven of them on that sheet. On sheet 21 there is a sign at W Enid DR, which isn't clear where it is going to be installed, and it doesn't have any info labeled. ' The summary of pay items table shows four signs assembly for sheet 28, but in that sheet there are three. Village of Key Biscayne RFQ 2020-043 6. Pay ltem No. 711-11-125 (Thermoplastic, Standard, White, Solid, 24" For Stop Line and Crosswalk) The summary of pay items table shows 16 LF of thermoplastic for sheet 19, but that sheet doesn't show any information. . On sheet 22Ihere is a stop line at W Enid Drive (sta. 55+60) that it may be not included in the pay items. 7. Pay ltem No. 711-11-'160 (Thermoplastic, Standard, White, Message or Symbol) The summary of pay items table shows one message for sheet 19, but there is no info in that sheet. On sheet 22lhere is a school message at W Enid Drive (sta. 55+60) that it may not be included in the pay items. Prior to the start of construction, our Team will work with the Village and the Engineer-of-Record to go through the above comments and any other issues to clarify or ievise as necessary. This step will ensure that the Contractor has the most accurate information and it will minimize the number of Request for lnformation (RFls) during the construction to avoid delays in the schedule. KCI personnel will contact utility owners to determine the current status of their existing facilities in the project right- of-way as well as any proposed new ones. Project Schedule: KCI will perform a detailed review of the Contractor's schedule and submit a comprehensive report to the Village. The Contractor will be requested to submit a two-week "look- ahead" at each weekly or biweekly progress meeting so that inspection activities can be coordinated with construction operations. This schedule, in addition to its primary purpose of controlling and tracking job progress, provides the basis for analysis of contractor claims and time extension requests. On-Site lnspection: On-site inspections will be conducted daily by our qualified certified inspectors to observe and report if the contractor is strictly adhering to the plans, specifications, special provisions and contract documents. Daily Work Reports (dailies)will be made available to the Village's Representative. Daily, our inspection personnelwill meet brieflyto discuss the upcoming day's activities. This meeting will be in a common area of the job site and last only a few minutes to discuss and communicate any critical areas that require extra attention or any last-minute changes in the Contractor's schedule. Any questions or clarifications that need to be discussed will be addressed. They will discuss the Contractor's activities along with reference to the plans, contract specifications, testing guide, standard index and any other contract documents to assure the inspector is completely knowledgeable of the activity being inspected. The PA will ensure the lnspector's dailies are completed thoroughly and with enough detail to translate an accurate description of the activity to a third party not familiar with the project. All report forms which are field generated, will be completed by the inspector and submitted on the same day. Sampling and Testing: For this type of contract with the Village, we will be responsible for monitoring job control samples. ln addition, testing of approved materials delivered to the project site will be verified, accepted and documented according to LAP requirements and the Village's procedures and requirements. Monthly Pay Estimates: We will record clear, detailed, accurate, objective, complete construction information in a timely manner. Our Senior Project Engineer and Project Administrator/Contract Support Specialist will review all dailies which will then be compiled for the weekly summary. Quantities for Village of Key Biscayne RFQ 2020-043 the progress estimates will be extracted from the dailies and tracked and verified on a weekly basis with the contractor. Stockpile material requests will be submitted and verified before the monthly cut-off date. Our SPE along with our Project Administrator (PA)/Contract Support Specialist (CSS) will review and either approve or reject all the payment application requests provided by the Contractor. ln addition, it is important for the Contractor to submit the proper documentation in order to comply with Village regulations, including use of the proper wage rate tables for the Contractor's personnel. Meetings: Preparation of agenda, meeting minutes of the pre-construction meeting, as well as all the weekly or biweekly progress meetings, will be prepared and distributed in a timely manner. ln the event remote meetings are necessary, our firm can conduct these meetings using the latest technologies such as Skype, Zoom, Microsoft Teams and GoTo Meetings. Coordination with the Public: The proximity of the project to existing residences and businesses posesnumerouschallenges. JoewillbeworkingcloselywithHeidiSiegel,AICP,ourPubliclnformation Director. We will coordinate closely with the Village's Representative and the Contractor to establish procedures and implement a program to minimize the impacts of this construction on residents and businesses of the area. Our team knows how to be proactive in public relations, keeping the Village and residents appraised of all activities that may impact their access and adjacent traffic flow. Priority will be given to all inquiries or concerns from the public, including tourists. Drainage, Stormwater Quality and Environmental Review: Although drainage impacts to this project are not foreseen, the KCI team will monitor the Contractor's erosion and sediment controls, and in addition ensure that the Contractor has submitted a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the contract documents. Our Senior lnspectors have FDEP Stormwater Erosion Control and lnspection certifications. Utility Coordination: KCI will perform all utility coordination, as appropriate, for the project. lt is important that all the utilities are well-labeled within the project's limits prior to beginning of construction. Given the significant number of significant number of sign posts that will be installed under this contract, careful attention to any potential conflicts will be one of our key objectives. Maintenance of Traffic: MOT will be of utmost importance for this project due to the various locations throughout the Village and the number of stakeholders affected. Having an adequate Traffic Control Plan (TCP) and proper implementation will ensure construction impacts are mitigated for all residents and area visitors. Tourists and other non-local users will require special attention since they will be the least informed about project conditions and hazards. The Contractor will need to maintain traffic, limit work hours mainly to daytime off-peak hours, maintain pedestrian traffic, limit lane closures, and maintain access to parking spaces. lnspection of the entire project site will be part of our daily routine, making certain that all MOT devices are kept up to standard including inactive work areas. During construction our team will be vigilant of the different phases of construction to ensure safety of any drop-offs, and to avoid any design standard violation. All our personnel are FDOT MOT certified. Quality Reviews: Our Quality Assurance Manager, Jorge Ortiz, PE will conduct Quality Assurance reviews, consistent with LAP requirements that will be made available to the Village PM at 3O"/o,60"/", 9O% and at project closeout. KCI maintains a Quality Assurance/Quality Control system for all team members by means of, peer to peer review and earned value analysis. Village of Key Biscayne RFQ 2020-043 Special Consideration L|DAR MAPPING SYSTEMS Developed in the military, a new technology called LIDAR (Light Detection and Ranging) has now become the "goto" method to collect geospatial data. LIDAR is a pulse firing at up 5O0,OOO points per second from powerful lasers mounted in aircraft. Soon after these systems were developed and became mainstream, members of the KCI team were using them to collect data all across the east coast, throughout Florida, and including projects out to Missouri and Texas. An advantage of LIDAR is that it is much better at penetrating foliage and trees to map the ground. Continuing to improve over time, these systems are still one of the best ways to collect high-quality geospatial data. This method also requires ground control, but fewer targets than traditional aerial mapping systems need. With these systems, the density of the data collection is far superior. The standard for collecting with LIDAR is to have 10 to 20 points per square meter on the ground. This process provides excellent results for topography. ln addition to mapping thousands of acres of city, county, and state projects, these systems are excellent at mapping road corridors. They can precisely map ten to 50-mile road projects. Heat maps are also a beneficial way to detect elevation changes and wet areas. This method is the workhorse of transportation departments across America. L|DAR mapping systems have a much higher precision than traditional mapping systems. Using systems mounted on helicopters, dense data sets can be collected, and the quality of data is exceptional. ln open areas and hard surfaces, %-inch lo lz-inch accuracy is achievable using high-precision ground control. The advantage that KCI brings is our expertise and long experience working with LiDAR data. We are capable of producing data sets and manipulating the data to get excellent results on many different types of projects. Three Dimensional (3D) Data Viewing Platform Such As Scene 2go or Equivalent KCI can provide point clouds and other information in 3D data viewing platforms such as Leica JetStream and Autodesk ReCap. Both of these are viewing platforms that allow users to travelthrough the point cloud, view spherical photography, and take measurements. Thus, the user can virtually visit the scanned area at any time from the office. Both software platforms are free for basic use, but allow users to purchase subscriptions that unlock powerful advanced features, such as importing and exporting sections of the point cloud. As these technologies advance, powerful new applications such as Cintoo allow end users to integrate 3D data, display and produce various deliverables, and collaborate in unprecedented ways. KCI can produce data that will seamlessly integrate into these platforms. Village of Key Biscayne RFQ 2020-043 Mobile L|DAR KCI owns and operates a state-of-the-art RIEGL VMX- 2HA mobile LiDAR 3D laser scanner. The scanner is comprised of two RIEGL VUX-1HA High Accuracy LIDAR sensors and a high performance INS/GNSS unit. A camera system to complement LiDAR data with precisely georeferenced images employs up to nine cameras, which can be independently positioned to focus on the most important areas to capture. Additionally, a FLIR Ladybug 5+ panorama camera captures spherical photography at the same time, so that any area of the project can be viewed remotely from the office. The benefits of mobile LiDAR are tremendous, including the following * Quick turnaround, capturing 10 or more miles of data per day s lmproved safety by decreasing the time crews spend within the project roadway .& Comprehensive coverage nearly eliminates costly return trips s Great archival tool for later modifications rB Data is generated in 3D, so there is no need for conversions from 2D. e Collection of data up to highway speeds * Collects 1,0OOx more data in less than 10% of the time taken for traditional collection methods s Collects both GIS and survey data & Can be used to QC other sources (airborne LiDAR, GlS, orthoimagery) s Can be used in emergency response for both emergency and tactical planning s Obtains data under canopies or overhead obstructions, or low cloud ceiling which can interfere with aerial data capture Workflow - Mobile LIDAR projects require advanced planning to ensure quality data capture. The steps involved in a successful project are typically as follows: & Plan mobile LiDAR mission and determine optimal collection window, considering factors such as SV geometry, PDOP, and daily traffic volumes i& Mobilize to the project site '& Setup local GNSS GPS base stations on pre-established survey control. is Collect mobile LiDAR data within the limits as established # Provide OA/OC on collected data e De-mobilize from project site Post Processing - Since the mobile unit captures an enormous amount of data, post processing for the optimum deliverables is critical. KCI employs experienced surveyors and technicians to apply strenuous OA/aC protocol on every project. The typical post processing workflow follows: * Process all mobile LIDAR trajectories 6 Process trajectories to CORS (if available) and local GNSS base stations for blunder detection and QA/QC Village of Key Biscayne RFA 2020-043 tr Final trajectories will be processed to the local GNSS base stations ,ir, Control trajectory to targets as laid out in the provided DC Targeting Plan.kml 't' Complete the processing of all LiDAR and imagery data to the final trajectory solution to create 3D datasets €. Export the LiDAR to .LAS (1.2)file format *j Export the imagery to web-based index Ultimately, KCI will produce the data in the format that the end user desires. The raw data, generated pointcloud, photography, and videos collected bythe mobile unit are alldeliverables within themselves. However, KCI can generate planimetrics, contours, CAD/BIM files, and even augmented and virtual reality views of the areas scanned. Terrestrial LiDAR KCI currently has five terrestrial LiDAR systems. These use the same type of laser LiDAR collection as the mobile unit, but the system is typically mounted on a tripod. lt allows us to go into highly-dense areas and map precisely. A typical use of this technology would be mapping significant intersections for engineering purposes. We can map in a few hours while traditional surveyors may take several days. We bought our first system in 2005 and have traveled the United States working for many clients using the technology. Working with transportation departments, we have documented bridges all over the Southeast using this type of L|DAR. These systems were also used to document the failure sequence of bridge collapses in Miami and St. Louis. *"( lii. Village of Key Biscayne RFA 2020-043 tr Litigation Statement FORM DD DISPUTE DISCLOSURE Answer the following questions by placing an "X" after "Yes" or "No". lf you answet "Yes", please explain on a separate sheet attached to this form. 1, Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? I lYEs D(] No 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services yourfirm provides in the regular course of business within the last five (5) years? [ ]YES Xl NO 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? []YES XlNo lf yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. 4. Has your firm or any of its officers, been under investigation, charged, or convicted by any law enforcement agency or public entity for violations of the law, other than traffic violations? [ ]YES Xl No 5. Has your firm, or any of its principals, failed to qualify as a responsible Respondent/Bidder on any solicitation in the past five (5) years? [ ]YEs Xl No 6. Has your firm, or any of its principals, declared bankruptcy or reorganized under Chapter 11? [ ]YES Dd No I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall ause for forfeiture of rights for further consideration of this Proposal/Bid for the Village of Authorized Signature: -7y K Firm: KCI Technoloqies, lnc Bisc Print Name:Datet 4116/2020 Title Sonior Vico Prcsi.lo nt Village of Key Biscayne RFQ 2020-043 FIVE-YEAR LITIGATION H ISTORY February 2015 Barbara Long vs. Evans Daniels, City of Bethlehem, Commonwealth of Pennsylvania, Department of Transportation, et al., including KCI Technologies, lnc. and its' Subcontractof URS Corporation. Case No: C4B CV 20151754 Jurisdiction: Court of Common Pleas of Northampton County, Pennsylvania Status Settled October 2017 This is a personal injury claim filed by pedestrian, Barbara Ionq, named Plaintiff. The rnjury occurred on March 1,2013 in the evening whereby Barbara Long was walking within a marked, midblock crosswalk when she was struck by vehicle driven by defendant, Evans Daniels, a minor at the time. Ms. Long suffered a closed head injury and has not yet returned to work. KCI was the design consultant to the Pennsylvania Department of Transportation for the final desiqn for widcning of SR 412 and 3rd Street TSM between l-78 and SR 378 in the City of Bethlehem, Northampton County KCI hired URS to prepare pavement marking and signage plans. October 2015 Richard Hughes vs. The District of Columbia, et al, KCI Associates of the District of Columbia Case No: 2014 CA 005573 B Jurisdiction: Superior Court, District of Columbia Status: Dismissed August 2018, The Court agreed with all of our arguments and ruled against Plarntiff on behalf of all defendants This is a personal injury claim filed by Richard Hughes. Plaintiff claims personal injury occurred whrle he was making a right turn while rrding hrs moped when it ran into gravel, sand and/or construction/repaving debris piled and strewn across the roadway, causing the moped to fall over. Accident occurred on 14th Street, NW in front of the JW Marriott Hotel. Accident occurred on June 3,2013. May 2016 Barbara Borst vs. The District of Columbia, WGL Holdings, lnc., Washington Gas Light Company, Fort Myer Construction Corporation, D.E.N. United General Construction, LLC and KCI Associates of District of Columbia, PC. - KCI Client - District of Columbia Office of Procurement on behalf of DDOT Case No. 2015 CA 003636 B Jursidiction. Superior Court, District of Columbia Status: Dismlssed June 2O1B lhis is a persorral irUUry case liled by Barbara Borsl againsl KCI Associales oI Lhe DisLricI oI Colurnbia (KCl) and several other defendant for inluries suffered on October 17,2013 from an accident while walking on a sidewalk in the 2OO block of F Street in the District of Columbia. She fell after stepping into a hole in the sidewalk surrounding a Washington Gas valve cover. This case was pending for quite some time prior to KCI being narned as a Delendarrt KCl's work at lhe sil.e ol'the Plaintil'f's fall occurred rnore lhan a year and a hall prior [o Plaintiff's fall. May 2016 SummitlG, LLC vs. PEI Engineering & Construction, LLC (PEi) and KCI Technologies, lnc. [KCl Tech named, but should be KCI Construction Services, LLCI(KCi) - Prolect New Fiber Tie Waxpool Rd. - KCI Client: Lig htower Fiber Networks Case No:101283 Jurisdiction: Circuit Court for the County of Loudoun, Virginia Status: Closed September 2019 This rs a property damage claim filed by SummitlG, a public servrce compdny providing telecommunications services lhroughouL Virginia PEl, a subconlraclor to KCl, darnaged SurnmitlG's conduit and fiber while performinq excavation services PFI claims the plalntiff, SLrmmltlG, is responsible for incorrectly markinq SummitlG's facilities location. November 2016 Sherry L. Willard, Administratrix of the Estate of Robert M. Volek, Deceased vs. Wells Fargo Bank N.A., 411 (Four)W Trenton LLC, Commonwealth of Pennsylvania, Department of Transportation, James J. Anderson Construction Company, lnc., KCI Technologies, lnc. and Adriana Mendoza Case No: 161003199 Jurisdiction: Court of Common Pleas of Philadelphia County, Pennsylvania Status: Dismissed from lawsuit December 2017 - Not necessary for KCI to participate in any further depositions or activities in the case. This is a wrongful death claim from a traffic accident in the southbound lanes of 4000 Veterans I lighway (PA Route 413), Levittown, Pennsylvania. The vehicle accident occurred on May 15,2015 at approximately 3.00 p.m. and resulted in the death of the motorcycle operatot Robert M. Volek. KClwas the design consultantto the Pennsylvania Department of Transportation and provided design services for the roadway/intersection improvements for SR 413. Plaintiff claims Dcfcndant Adriana Mendoza was allowed to make an illegal left hand turn into the travel lanes of SR 413 (and strike Robert M. Volek) due to the negligent design by KCI Technologies, lnc. Village of Key Biscayne RFQ 2020-043 tr April 2018 - Emily Wilkes Brosi Prevas and Thomas K. Prevas vs. Mayor and City Council of Baltimore and KCI Technologies, lnc. Case No:24C1BOO47B1OT .-lurisdiction: Baltimore City - Circuit Court, Maryland Status: Closed January 2,2019. Court heard KCI's Motion for Summary Judgment and granted it. KCI is out of the case. This is a personal injury claim as a result of an alleged test hole that was created in the street and the defendants farled to fill it and otherwise left the street in an unsafe condition which caused injury to Emily Prevas' legs. July 201B The Helga R. Shay Revocable Trusi, etc., PLTIF vs. March Westin Company, inc. ETC., et al DFTS, including KCI Technologies, Inc. Case No:18 C-64 As of Febru ary 25,2O2O Jurisdiction: Monongalia County, Circuit County, West Virginia Status: Settled August 2019 This is a property damage claim. WVU College Park project was a fast paced multi-bullding student housing project. Retaining wall on site has slipped and caused impact to properties below the wall. KCI did not do the retaining wall design and was not the geotechnical engineer. KCI also did not approve the retaining wall shop d rawi n gs/ca I cu I a tions. December 2O1B - Alexander D. Kunkelvs. KCI Technologies, lnc./Brian Leslie Watkins, PE/Pennsylvania Department of Transportation (PENNDOT), and Bridgestone Americas, lnc. Case No: OOO421 Jurisdiction: Court of Common Pleas Philadelphia County Status: Open This ts a professional liability claim. Plaintiff was a passenger in a car with six other occupants and half of the passengers were not wearing seatbelts. The driver wrecked the vehicle which overturned and landed on the rool The plaintiff received multiple injuries including pe rmanent paralysis from the waist down. The accident occurred in a traffic work zone designed by KCl. The driver plead gurlty to recklessly endangering another person in addition to other related offenses. KCI was a sub consultant to URS Corporation (now AECOM) for this project. December 2O1B - Jesco, lnc. vs. KCI Technologies, lnc. Case No: C-OB CV 18 001151 Jurisdiction: Circuit Court for Charles County, Maryland Status: Open This is a professional liability claim. Jesco entered into an agreement to purchase a property with the intent of developing by constructing a two story commercial building, parking areas, and access roads. KCI performed limited geotechnical investigations for Jesco. Based on KCI's findings, Jesco purchased the property. Jesco claims there are defects and faults in the report and that Jesco has incurred losses, costs and expenses as a result. February 2O2O Chasity Jackson & Chris Jackson, et al vs. Metropolitan Government of Nashville & Davidson County, Tennessee / KCI Technologies, Inc. / Stansell Electric Company Case No: 19C-725 Jurisdiction: Circuit Court of Davidson County Twentieth Judicial District of Tennessee Status: Open This is a personal injury claim. ChasityJackson was driving home from work and her car while passing through an intersection, ran over the edge of a concrete median that had been recently constructed. As a result of the collision, Chasity Jackson incurred personal injuries to herself and damage to her vehicle. Village of Key Biscayne RFQ 2020-043 E Forms DATE (MM/DD/YYYY) 12t20t2019 THIS CERTIFICATE IS ISSUED AS A OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERNFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTHORIZED REPRESENTATIVE OR PROOUCER, AND THE CERTIFICATE HOLDER. tMPORTAtIT: lf the certificite holder is an ADDInONAL INSURED, the policy(iesl must have ADDITIONAL INSURED provisions or be endorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may rsquire an endorsement. A statement on this certificate does not confer any riqhts to the certificate holder in liEu of such endorsement{sl. PRODUCER CBIZ lnsurance Services, lnc. 9755 Patuxent Woods Drive Suite 200 Columbia, MD 21046 443-259-3237 ce INSURER(S) AFFORDING COVERAGE NAIC # l11sr1pgp A , XL Specialty lnsurance Co.37885 KCI Technologies, lnc. 936 Ridgebrook Road Sparks, MD 21162 INSURER B : INSURER C : INSURER D INSURER E : INSURER F Client#: 42475 KCITEC ACORD," CERTIFICATE OF LIABILITY INSURANCE COVERAGES TE BER:REVtStON @ 1988-2015 ACORo CORPORATION. All rights ressrved ACORD2S(2016/031 1 of1 TheACORDnameandlogoareregisteredmarksofACORD #s2324380/M2307836 0PNR TFIIS lS To oERIIT TT T Tne poI|cles oT IISURANCE LISTED BELoW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO VVHICH THIS CERTIFICATE IVAY BE ISSUED OR IMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERIUS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHO\\AI IV]AY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITSTYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE $ $DAMAGE TO RENTEDPFFMISFS Fr o..urence) lllED EXP (Anv one D€Eon)$ $PERSONAL & ADV INJURY GENERALAGGREGATE $ PRODUCTS - COI\iPIOP AGG $ $ COMMERCIAL GENERAL LIABILITY GEN'L AGGREGATE LIMITAPPLIES PER: f---l PRo- f---lL lJEcr L -J CLAIIVIS-MADE OCCUR LOCPOLICY OTHER: q $BODILY INJURY (Per pe6on) BoDILY INJURY (Per accident)$ $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY AUTOS ONLY SCHEDULED AUTOS NON.OWNED $EACH OCCURRENCE AGGREGATE $ UMBRELLA LIAB EXCESS LIAB occuR CLAII\,IS-MADE sDEDRETENTION S I PER IOTH- F I FACH ACCIDENT E.L. DISEASE. EA EIVIPLOYEE $ F I DISFASE - POLICY LIMIT $ N A WORKERS COMPENSATION AND EMPLOYERS'LrABrLrTY Y/ N ANY PROPRIETORYPARTNER/EXECUTIVE I-----.'] oFFTCFRA4EMBER EXCLUDED? | I(M.ndrtory in NH) lfyes, describe under DFscRlPTloN oF OPERATIONS bolow DPR9952706 12t15t20't9 12t1512024 $10,000,000 each claim $15,000,000 aggregate $500.000 deductible A Professional Liability OESCRIPTION OF OpERrATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Rema*s Schedul€, may be .ttached il morc space i! requiEd) Specimen Gertificate For lnformational Purposes Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE $0--S)(r-( --.- Village of Key Biscayne RFO 2020-043 @ --.ACOR D'KCITECH.Ol CERTIFICATE OF LIABILITY INSURANGE DA1E (MM/DD/YYYY) 1t7t2020 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THETSSUTNGTNSURER(S),AUTHOR|ZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.lf SUBROGAION lS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorcementlsl. 472-2914 AAICONTACT NAME: lnc. utance.com T INSURED lrusulq8 s iNelr Hqllpshile !.nsulq!!se qQllpany @41 PRODUCER KCI Technologies, lnc. 935 Ridgebrook Road Sparks, MD 21152 !UqqREBP!. INSURER E : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHERDOCUMENTWTHRESPECTTOIA/IIICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHO\AA MAY HAVE BEEN REDUCED BY PAID CLAIMS. frPE OF LIMIEPOLICY NUMBER GEN'L AGGREGATE LIMITAPPLIES PER: ]rou"tE35"tt I l.o" 3522241 4t1t2020 4t1t2021 MED EXP (Anv on€ oeBon) $ eEBgorlAL&AqV|NJURY, $ GENEMLAGGREGATE - q PRopuclq-qQulpltcQ , $ :] ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY il cA 448-95-82 4t1 t2020 4t'U202'l pgrqq't)!N!VRY.(ee!' SCHEDULED AUTOS NON.OIA,INED AUTOS ONLY AUTOMOBILE LIABILITY x X occun CLAIIVS+4ADE 4t1t2020 4t1t2021 x x RETENTION $DED UMBRELLA LIAB EXCESS LIAB EACH OCCURRENCE AGGREGATE WORKERS COMPENSAIION AND EMPLOYERS' LIABILITY ANypRopRrEToR/pAR-"roa*a"r'ua Y.l.N, OFFICER/I'EI'BER EXCLUDED? N N'A (Mandatory ih NH) wc 012-01-6190 describe under x 4t1r2020 4t1t2021 r,000,000E!-E4.clJ4qclqElf r$ *E!.4!sE4CEj!4EM!!oYEEr ! DESCRIpTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Rcmarks Schodule, msy b€ etlsched il more space is rcquired)Auto Liability covers all vehicles rented by KCI Technolooies, lnc. and its subsidihriis. Evidence of Coverage SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAIlVE ,fu2-/ ACORD 25 (2016/03)@ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Village of Key Biscayne RFQ 2020-043 FORM AA ADDEN DUM ACKNOWTEDGEMENT FORM Solicitation Title: Professional CEI Services for Safe Routes to School Key Biscayne K-8 Center Soficitation No.: 2O2O-O43 Listed below are the dates of issue for each Addendum received in connection with this Solicitation Addendum No. 1 , Date6 3/25/2O2O Addendum No. 2 , Dated 4/13/2o2O Addendum No. 3 Dated 4/14/2Q2O Addendum No.Dated _ Addendum No Dated _ Addendum No. Addendum No. , Addendum No._, Addendum No. , Addendum No. Addendum No. , Dated Dated Dated Dated Dated _ Dated tr No Addendum issued for this Solicitation Firm's Name:KCI Technoloqies, lnc. Authorized Representative's Name Title: Senior Vice President Authorized Signature Brvan Lawson. PE, CCM. LEED AP Village of Key Biscayne RFQ 2020-043 @ -(E------d- lS0 9001:201 5 (tllllltD J-E rs c r l.r E E R s . P r,r s i.r E R s . S c t E N'r t s r s . C o N s l R u L l l o N M A N A (; L R \KCI 9:16RrdgebrookR(rad. Sparks.VD2lt52. Phont4L0-ll6-7800. Fax4l0-3t6-78t7 March 13,2020 CERTIFICATE OF SECRETARY I, Bayne E. Smith, Senior Vice President and Secretary of KCI Technologies, Inc. (KCI), certifr that the attached list, revised December 20,2019, is a true copy of KCI Officers and Directors. In accordance with KCI's By-Laws, under Article IV, Section 4.2 and KCI Policy File No. 201, Revision No. 7, paragraph 3. I , as approved by KCI's Board of Directors at their meeting of August 26, 20\4 and attached hereto, "All contracts and proposals are signed by an officer ofthe Corporation." Therefore, this certification confirms that Bryan Lawson, as a Senior Vice President of the Corporation, is authorized to sign and bind proposals and contracts, including, but not limited to, real estate documents, such as right ofentry agreements, on behalfofKCI. {L- Bayne Seniol Vice President and Secretary Personally, appeared Bayne E. Smith, Senior Vice President and Secretary of KCI Technologies, Inc. (Corporation), and made oath that he is custodian of the Corporation records and that the foregoing are true and attested of the records to which it relates. Before Me: c (Signature) Comnrission Expires October 30, Print Name Legibly Retleca Edleston Empl<t y t t - ()w n e d -Si nce I 988 GEORGIA : E)(lIRES {Prrq Ocoba to,2022 RISE TO IHE CHAIIENGE Village of Key Biscayne RFQ 2020-043 w\wv.Kct.coM ET FORM CD COMPANY DECLARATION FORM I certify that any and all information contained in this Response is true. I certify that this Response is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a Response for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of the solicitation and certify that I am authorized to sign for the Respondent's firm. Please print the following and sign your name: KCI Technologies, lnc. FIRM NAME 936 Ridgebrook Road, Sparks, MD 21152 PRI NCIPAT BUSIN ESS ADDRFESS BOst 477-7667 N/A TELEPHONE FACSIMILE oe.mez@kci.com EMAIL ADDRESS 52-1604386 7275887 FEDERAL I.D. NO. OR SOCIAL SECURIW NUMBER Bryan Lawson, PE, CCM, LEED AP MUNICIPAL BUSINESS TAX RECEIPT OR OCCUPATIONAL LICENSE NO. NAME Senior Vice President TITLE AUTH D { Village of Key Biscayne RFQ 2020-043 FORM SEA SINGLE EXECUTION AFFIDAVITS THts ronru MUsr BE stcNED AND swoRN To tN THE pREsENcE oF A NorARy puBuc OR OTHER OFFICIAT AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE RESPONDENT AND NOTARIZED BELOW. IN THE EVENT THE RESPONDENT CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE RESPONDENT IS DEEMED TO BE NON-RESPONSIBTE AND IS NOT ELIGIBLE TO SUBMIT A RESPONSE. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE VILTAGE OF KEY BISCAYNE AND ARE STATEMENTS MADE: By Brvan Lawson.CCM. LEED APPE, For (Name of Respondent)KCI Technoloq ies, lnc. Whose business address is: 5835 Blue Lagoon Drive, Suite 303, Miami, FL 33126 And (if applicable) its Federal Employer ldentification Number (FEIN)is: 52-1604386 (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: ) Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subconsultant, or third party Consultant under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. r The American with Disabilities Act of 1990 (ADA), Pub. L. L01-335, 104 Stat 327,42 USC t210L722I3 and 47 USC Sections 225 and 661 including Title l, Employment; Title ll, Public Services; Title lll, Public Accommodations and Services Operated by Private entities; Title lV, Telecommunications; and Title V Miscellaneous Provisions. r The Florida Americans with Disabilities Accessibility lmplementation Act of L993, Section 553,501-553.513, Florida Statutes: o The Rehabilitation Act of 1973,229 USC Section 794; . The FederalTransit Act, as amended 49 USC Section 1612; a e Fair Housing Act as amended 42 USC Section 360L-3631 Respondent's lnitials Village of Key Biscayne RFQ 2020-043 STATE OF FLORIDA DEPARTMENTOF TRANSPORIATION CONFLICT OF INTEREST/CON FIDENTIALIW CERTIFICATION FOR CONSU LTANT/CONTRACTOR/TEGH NICAL ADVISORS Description Professional CEI Services for Safe Routes 375-03G50 PROCUREMENT occ- 1/20 I certiry that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have a conflict of interest or a potential conflict of interest. Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performtng work for the Department, and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships) which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical impropriety. I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ("Department") related to the procurement of the above-referenced ("Project") that I gain access to as a result of my involvemenl with the Project ("Procurement lnformation"). I understand that Procurement lnformation includes, but is not limited to, documents prepared by or for the Department related to procurement of the Project. I also understand that Procurement lnformation includes, but is not limited to, documents submitted to the Department by entities seeking an award of the Project ("Proposers"). I understand that Procurement lnformation may include documents submitted by Proposers related to letters of response/letters of interest, technical proposals, price proposals, financial proposals, and information shared during exempt meetings. I also understand that Procurement lnformation may also include documents that evaluate or review documents submitted by Proposers, and information regarding Poect cost estimates. I also agree not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer. Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any Procurement lnformation except to individuals who have executed a Conflict of lnteresvconfidentiality Certification which has been approved by the Department ("Project Personnel"). I understand that a list of Poect Personnel will be maintained by Department. lf I am contacted by any member of the public or the media with a request for Procurement lnformation, I will promptly forward such request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement lnformation which are in my custody. I agree not to solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of value from any firm under @nsideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances, and rules governing or applicable to the Department or may otheMise be a violation of the law. I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes. I realize that violation of the above mentioned standards could result in the termination of my work for lhe Department. I further realize that violation of the above mentioned statute would be punishable in accordance with Section 838.22, Florida Statutes.. Advertisement No./ Solicitation No 20 Financial Project Numbe(s) 438162-1 to School Kev Biscavne K-8 Center Each undersigned individual agrees to the terms of this Conflict of Certification Date 41"t6/2020 Printed Names Bryan Lawson, PE, CCM, LEED AP Village of Key Biscayne RFQ 2020-043 71 of 83 tr DBE BID PACKAGE INFORMATION DBE Utilization The Department began its DBE race neutral program January 1, 2000. Gontract specific goals are not placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must achieve. ln order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor's DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE's. Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this information. DBE Reportinq lf you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre-construction or pre-work conference for all federal and state funded projects. This will not become a mandatory part of the contract. lt will assist the Department in tracking and reporting planned or estimated DBE utilization. Durinq the contract. the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web-based Equal Opportunity Compliance (EOC) system. All DBE payments must be reported whether or not you initially planned to utilize the company. ln order for our race neutral DBE Program to be successful, your cooperation is imperative. lf you have any questions, please contact EOOHelp@dot.state.fl.us. Bid Opportunitv List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non-DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https ://www.fdot. gov/eq ualopportu nitv/eoc. shtm. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-O3G11 EOUAL OPPORTUNITY OFFICE 09/19 Page 1 of 2 Village of Key Biscayne RFQ 2020-043 @ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-1 1 EQUAL OPPORTUNITY OFFICE 09/1 I Page 2 ot 2 DBE BID PACKAGE INFORMATION DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-118) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company's DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows: . Print the first page of the document on company stationery ("letterhead") that indicates the company's name, mailing address, phone number, etc.. Print the company's name in the "_" space; next to "Date" print the month/day/year the policy is being signed; record the signature of the company's Chief Executive Officer, President or Chairperson in the space next to "by" and print the full first and last name and position title of the official signing the policy.. Print the DBE Liaison's full name, email address, business mailing address and phone number the bottom of email. E-mailthe completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us. The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor. Village of Key Biscayne RFQ 2020-043 Eil STATE OF FLORIDA OEPARTMENT OF TMNSPORTATION CONSU LTANT AFFIRMATION (For Consultants Utilized for Preparation of Environmental Management (PD&E) Documents) 37103G18 PROCUREI\4ENT 01no As a requirement of the Professional Services Procurement Manual, all consultants utilized for Environmental Management Services must affirm the following conflict of interest statement. GontracUAd 1e.' Professional CEI Services for Safe Routes to School Key Biscayne K-8 Center/2O2O-O43 FM No(s).438162-"1 I hereby certiff that neither this firm nor any of the principals of this firm have any financial or other interest in the outcome of this project. Name of Consultant: KCI Techn ies, lnc.t Date (mm/ddlyyVy 4116/2020 Printed Name:Bryan Lawson, PE, CCM, LEED AP By Title Senior Vice President Village of Key Biscayne RFQ 2020-043 LOCAL AGENCY PROGRAM FEDERAL-AID TERMS FoT PROFESSIONAL SERVICES CONTRACTS 375-040-84 PROGRAM MANAGEMENT 12t19 Page 1 of 3 TERMS FOR FEDERAL AID CONTRACTS {APPENDIX I}: The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds: A. lt is understood and agreed that all rights of the Local Agenry relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collecled, together with summaries and charts derived therefrom, will be considered works made for hire and will become the property of the Agency upon completion or termination without restriction or limitation on their use and will be made available, upon request, to the Agency at any time during the performance of such services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the Agency will become the custodian thereof in accordance with Chapter 1 '19, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Agency will have the right to visit the site for inspection of the work and the products of the Consultant at any time. C. lt is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding. D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency (subrecipient), the Federal Highway Administration, the U.S. Department of Transportation's lnspector General, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21 .5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B ofthe Regulations. Solicitations for Subcontracts, lncluding Procurements of Materials and Equipment: ln all solicitations made by the Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status. lnformation and Reports: The Consultant will provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certiff to the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. F G. H t.Sanctions for Noncompliance: ln the event of the Consultant's noncompliance with the nondiscrimination provisions ofthis contract, the Local Agency shall impose such contract sanclions as it orthe Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to, withholding of paymenls to the Consultant under the contract until the Consultant complies and/or cancellation, termination or suspension of the contract, in whole or in part. J. lncorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions 2. Village of Key Biscayne RFQ 2020-043 LOCAL AGENCY PROGRAM FEDERAL-AID TERMS FoT PROFESSIONAL SERVICES CONTRACTS 375-04G84 PROGRAI\'l MANAGEMENT 12t19 Page 2 of 3 issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions, including sanctions for noncompliance. ln the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local Agency, and, in addition, the Consultant may request the United States lo enter into such litigation to protect the interests of the United States. K. Compliance with Nondiscrimination Statutes and Authorities: Title Vl of the Civil Rights Act of 1964 (42 U.S.C. S 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Par121: The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. S 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. $ 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. S 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Parl27; The Age Discrimination Acl of 1975, as amended, (42 U.S.C. $ 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Ainrvay lmprovement Act of 1982, (49 USC S 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title Vl of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles ll and lll of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12'131 -- 121 89) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. S 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-lncome Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations, Executive Order 13166, lmproving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Vl, you must take reasonable steps to ensure that LEP persons have meaningful ace€ss to your programs (70 Fed. Reg. at 74087 to 74100); Title lX of the Education Amendments of 1972, as amended, which prohibits you from discriminaling because of sex in education programs or activities (20 U.S.C. 1681 et seq). L. lnterest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any share or part of this contract or to any benefit arising therefrom. M. lnterest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. 1. The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in termination of this contract or other such remedy as the recipient deems appropriate. O. lt is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. P. lt is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency in compliance with 49 CFR, Section 26.51 , was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. lt is further agreed that the clause titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.51 0, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to Village of Key Biscayne RFQ 2020-043 77 ol 83 tr LOCAL AGENCY PROGRAM FEDERAL-AID TERMS FoT PROFESSIONAL SERVICES CONTRACTS 375-040-84 PROGRAIVI MANAGEMENT 12t19 Page 3 of 3 1. employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. R. The Consultant hereby certifies that it has not: employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or 2 3 paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. S. The Consultant shall utilize the U.S. Department of Homeland Security's E-Veriff system to verifu the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-VeriS system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Village of Key Biscayne RFQ 2020-043 STATE OF FLORIDA DEPARTI\iIENT OF TRANSPORTATION TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee professional services contract over the threshold amount provided in Section 287 .017, Florida Statutes for CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract advertisement. The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs supporting the compensation for this project's agreement are accurate, complete, and current at the time of contracting. The Consultant further agrees that the original agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the Department determines the agreement price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such agreement adjustments shall be made within (1) year following the end of the contract. For purposes of this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of the work by the Department, whichever is later. KCI Technol lnc. Name of Consultant 375-030-30 05114 {4/1612020 Date Village of Key Biscayne RFQ 2020-043 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) 375,030-32 PROCUREMENT 11t15 It is certified that neither the below identified firm nor its principals are presently suspended,for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department agency Name of ConsultanUContractor KCI Techn ies, lnc By:B n Lawson PE ccM LEED AP sg6; 4/16/2O20 Title:Senior Vice President I nstructions for Certification lnstructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. lf it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debaned," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contracto|. "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, lneligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 80 of 83 Village of Key Biscayne RFQ 2020-043 E 375-030-33 PROCUREMENT 10t01 CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100 (b)) The prospective participant certifies, by signing this certification, that to the best of his or her knowledge and belief: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) lf any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Name of Consultant: Bryan Lawson Date: 4fi6/2020 Authorized Si gnature Title: Senior Vice President G.t-/1k Village of Key Biscayne RFQ 2020-043 tr STATE OF FLORIDA DEPARIMENT OF TRANSPORTATION DISCLOSURE OF LOBBYING ACTIVITIES PROCUREI\4ENT 375-030,34 02t16 ls this form applicable to your firm? YES f] NO X lf no, then please complete section 4 below for "Prime" l. Type of Federal Actionl a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. poslaward 3. Report Type: a. initial filing b. material change For Material Year: Change Only: Quarter: Date of last report: (mm/dd/yyyy) 4. Name and Address of Reporting Entity: I Prime ! Subawardee Tier if known'. Conqressional District. if known: 4c 5. lf Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime: Conqressional District, if known: 6. Federal DepartmenUAgencyl 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known:9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): b. lndividuals Performing Services (including address if differentfrom No. 10a) (last name, first name, Ml): -1 1 . lnformation requested through this form is authorized by tille 31 U.S.C. seclion 1352. This disclosure of lobbying aclivities is a material representation of fact upon which reliance was placed by the tier above when this transac{ion was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspeclion. Any person who fails to lile the required disclosure shall be subject to a civil penalty of nol less than $1 0,000 and not more than $1 00,000 for each such failure. Signature: Print Name:n LEED AP Tifle: Senior Vice President Telephone frf e. ; (305) 477-7667 Date (mm/dd/yyyy): 411612020 Federal Use Only:Authorized for Local Reproduction Standard Form LLL (Rev, 7-97) Village of Key Biscayne RFQ 2020-043 82ol 83 tr CEI GENERAL SCOPE OF SERVICES FM:438162-1 SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0 PURPOSE: This scope of services describes and defines the Construction Engineering and lnspection (CEl) services which are required for contract administration and inspection for the construction project listed below. 2.0 SCOPE: Provide services as defined in this Scope of Services. The project for which the services are required is: FM:438152-1 Description: Safe Routes To School Key Biscayne K-8 Center County: Miami-Dade Exercise independent professionaljudgment in performing obligations and responsibilities under this Agreement. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the Village/Department and the Consultant either directly or indirectly 3.0 LENGTH OF SERVICE: The services for this Construction Contract shall begin upon written notification to proceed ("Notice to Proceed") issued by the Village and shall end upon completion of the Project, projected to be completed on or before January 8,2OZL. The contract shall not exceed a total of 5 years. The anticipated letting schedules and construction times for the projects are tabulated below: Construction Contract Estimate Financial Project lD Letting Date Start Date (Mo/Day/Yr) (Mo/Dayfir) Duration (Days) FM 438162-1 April 6,2020 [TBD][No more than 278 daysl 4.0 DEFINITIONS: Agreement: The Professional Services Agreement between the Village and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. A. 13 of 66 Contractor: The individual, firm, or company contracting with the Village for performance of work or furnishing of materials. C. Construction Contra The written agreement between the Village and the Contractor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. D. Villaee Proiect Manager: The Vil lage employee assigned to manage the Construction Engineering and lnspection Contract and represent the Village during the performance of the services covered under this Agreement. E. Consultant/CEl: The Consult ing firm under contract to the Village for administration of Construction Engineering and lnspection services F. Department: The Florida De pa rtment of Tra nsportation G. Engineer of Record: The E ngineer noted on the Construction plans as the responsible person for the design and preparation of the plans 5.0 ITEMS TO BE FURNISHED BY TH VILTAGE TO THE CONSTJLTANT: The Village will furnish the following Construction Contract documents for the project. These documents may be provided in either paper or electronic format. 1. Construction Plans, 2. Specification Package, and 3. Copy ofthe Executed Construction Contract 6.0 ITEMS FURNISHED BY THE CONSULTANT: 6.1 Village/Department Documents: All applicable Department documents referenced herein shall be a condition of this Agreement. All Department documents, directives, procedures, and standard forms are available through the Department's lnternet website. http://www.fdot.eov/constructio n/ All applicable Village documents, directives, procedures, and standard forms will be provided with the Notice to Proceed. 6.2 Office Automation: Provide all software and hardware necessary to efficiently and effectively carry out the responsibilities u nder this Agreement. Ownership and possession of computer equipment and related software, which is provided by the Consultant, shall remain at all times with the Consultant. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance B. 14 of 66 of this Agreement. Field office equipment should be maintained and operational at all times. 6.3 Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.4 Field Equipment: Supply survey, inspection, and testing equipment essential to perform services under this Agreement; such equipment includes non-consumable and non-expendable items. Hard hats shall have the name of the consulting firm visibly displayed Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. Retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at alltimes. 6.5 Licensing for Equipment Operations: Obtain proper licenses for equipment and personnel operating equipment when licenses are required. The license and supporting documents shall be available for verification by the Department, upon request. 7.0 REQUIREMENTS OF THE CONSULTANT: General: Survev Control: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. Observe the Contractor's work to determine the progress and quality of work. ldentify discrepancies, report significant discrepancies to the Village, and direct the Contractor to correct such observed discrepancies. lnform the designated Village project personnel of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. No surveying services will be performed on this contract. On-site lnspection - ln General: 15 of66 (1) Monitorthe Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the project is constructed in reasonable conformity with such documents. Maintain detailed accurate records of the Contractor's daily operations and of significant events that affect the work. (2) Monitor and inspect Contracto/s Work Zone Traffic Control Plan and review modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with the Department's procedures. Contractor employees performing such services shall be qualified in accordance with the Department's procedures. (3) Schedule and conduct a meeting with the appropriate Village personnel prior to the Pre-construction conference and another meeting prior to project final acceptance. The purpose of these meetings is to discuss the required documentation, including as-builts, necessary for permit(s) com pliance. ( ) Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Stormwater, Erosion, and Sedimentation Control lnspector Training and Certification Program". The Consultant's inspector will be familiar with the requirements set forth in the FEDERAL REGISTER , Vol. 57 , No. 187, Friday, September 5, 1992, pages 44L2 to 4435 "Final NPDES General Permits for Storm Water Discharges from Construction Sites" and the Department's guidelines. (5) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s), updates, as- built, etc.) for compliance with the contract documents. Elements including, but not limited to, completeness, logic, durations, activity, flow, milestone dates, concurrency, resource allotment, and delays will be reviewed. Verify the schedule conforms with the construction phasing and MOT sequences, including all contract modifications. Provide a written review of the schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic, and any other concerns. (6) Analyze problems that arise on a project and proposals submitted by the Contractor; work to resolve such issues, and process the necessary paperwork. (7) Monitor, inspect and document utility-related work. (8) Produce reports, verify quantity calculations and field measure for payment purposes as needed. (9) Provide Community Outreach Services as directed by the Village and be proactive in keepingthe community aware of the status and traffic impacts of the referenced project. With approval from the Village prepare and disseminate information to Village residents and the public of any upcoming events, which will affect traffic flow. (10) Video tape the pre-construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. 16 of 66 (11) Provide a digital camera for photographic documentation of pre-construction state and of noteworthy incidents or events during construction. These photographs will be filed and maintained on the Consultant's computer using a digital photo management system. Photographs shall be taken the day prior to the start of construction and continue as needed throughout the project. Photographs shall be taken the days of Conditional, Partial and Final Acceptance. Provide visual documentation of the Project through the periodic collection of a set of panoramic digital photographs at predetermined stations throughout the project. Photographic locations should be located at intervals such that the digital photographs collectively portray the majority of the visible surfaces on the Project The digital photographs should be taken with a frequency designed to reveal changes in the progress of the Project, which can be compared to other project data including daily reports of construction and scheduling updates. Photographic data files comprising each digital photograph are to be supplied together with an HTML (web page) based access and display system for viewing the photographs. Original photographic data files are to be supplied for archival purposes and comprise photographic data identical in form and content to that produced by the digital camera used to capture the image. Working photographic data files are to be supplied for everyday reference purposes and comprise copies of each original photographic data file, which have been processed to a reduced pixel and color resolution (size and clarity)for distribution via CD ROM and the lnternet. The access and display system should be comprised of a series of HTML files (web pages) which allow a user to view each photographic data file at random, and in a sequence which simulates the visual experience of a viewer moving through the actual Project from one photographic station to the next. The original photographic data files, working photographic data files and access and display system are to be distributed on CD ROM and portable hard disk media. The working photographic data files and the access and display system should also be maintained on a server accessible via the lnternet. (Lzl Additional Detailed On-Site Responsibilities of the CEI L2.7.L. Assist the Village with compliance verification of all documentation required of the Contractor selected for this project. 12.7.2. Be present on the project site when the Contractor is working. 12.1.3. lnspect and Administer the construction contract L2.L.4. Conduct and attend weekly progress meetings. The frequency of these progress meeting may be decreased at the Village's discretion. The CEI will be responsible for scheduling and conducting the meetings as well as providing agendas and meeting minutes. 12.L.5. Review pay estimates and change order requests and recommend approval or rejection to the Village. 17 of66 12.7.6. Review applications for Payment from the Contractor and provide written response within seven (7) days of receipt of the application noting any deficiencies preventing the pay application from being complete. CEI shall gather all required documents from the Contractor and once quantities have been verified, the CEI shall sign the application for payment and submit it to the Village. I2.I.7. Makingsurethecontractor'sworkisdoneinaccordancewiththecontractspecifications L2.7.8. Complete daily inspection reports with associated photos, material verification and all other Village required documents on a weekly basis. 72.7.9. Submit Village required documentation and site photos on a weekly basis L2.L.LO. Conduct all inspection, interviews and reports required in the field (daily inspection reports, bulletin board inspections and reports, employee interviews, material inspections, etc.) L2.L.71. Provide an engineer's summary letter on a monthly basis including all daily reports for the preceding month and basic project information such as elapsed time, project completion status, amount paid to Contractor to- date, and general construction activity summary. L2.L.I2. Be aware of and immediately report any Temporary Employment Agency/Day Laborers, segregation/discrimination or independent workers on the job. 12.L.I3. Observe and report uniforms on employees, overtime worked and classification of employees. 12.I.14. Complete monthly wage verification interviews and Equal Employment Opportunity (EEO) Project Bulletin Board inspection. I2.1.L5. Verify all subcontractors and reporting to the Village any subcontractors that are not certified forthe project. 72.L.I6. Provide fulltime inspection during construction by a qualified construction inspector L2.L.L7. Conduct periodic site visits as necessaryto resolve Requests for lnformation (RFl) or other project issues. L2.L.t8 receipt, Provide written responses to each Contractor RFI within seven (7) calendar days of I2.L.L9. Review all submittals and shop drawings supplied by the Contractor and providing a response within seven (7) calendar days of receipt. lf the submittal is rejected then the reasons for the rejection must be provided in writing. All approvals and rejections shall be provided in writing. 18 of 66 72.L.2O. Maintain submittal and RFI logs 12.1.2I. Review Contractor's monthly reports for compliance with contract plans, EEO compliance and previous disbursement to subcontractors. t2.L22. Review and approve certified payroll for prime contractor and their subcontractor(s) on a weekly basis. L2.7.23. Attend all walkthroughs for Substantial and Final Completion and generating punch-lists of outstanding items to be resolved. L2.L.24. lssue Certificate of Completion documents signed and sealed by a Florida Licensed Professiona I Engineer. 13. PERSONNEL: General Requirements: Provide prequalified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Method of compensation for personnel assigned to this project is outlined in Exhibit "8." 14. OTHER SERVICES: Upon written authorization by the Village Project Manager or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the Village to supplement the Consultant services under this Agreement. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. Provide qualified engineering witnesses and exhibits for arbitration hearings or litigation in connection with the Agreement. Provide inspection services in addition to those provided for in this Agreement. Provide services determined necessary for the successful completion and closure of the Construction Contract. a. POST CONSTRUCTION CIAIMS REVIEW: ln the event the Consultant submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplemental Amendment to this Agreement. A. B. c. D. 19 of 66 b. CONTMDICTIONS: ln the event of a contradiction between the provisions of this Scope of Services and the Consultant's proposal as made a part of their Agreement, the provisions of the Scope of Services shallapply. c THIRD PARTY BENEFICIARY It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. d. VITIAGE AUTHORIW The Village shall be the final authority in considering modifications to the Construction Contract for time, money or any other consideration. 20 of 66 EXHIBIT.,B,, RATE SCHEDULE AND COMPENSATION AND PAYMENT TERMS The Rate Schedule for Services performed pursuant to this Agreement are as follows: Form KS - KEY STAFF NAME JOB CTASSIFICATION Randell Prescott, PE Principal-in-Charge Jorge Ortiz, PE AA/OC Manager Joe Gomez, PE PM/SPE Ramon Llana, El PA/CSS Erick Colon Senior lnspector Monica Ore RCS 21 of66 FORM SC - SUBCONSULTANTS Name of Subconsultant Services Provided More Compliance Results, lnc Resident Compliance Support Specialist 22 ot 66 SCHEDULE 2 - WAGE RATES SUMMARY SCHEDULE 3 - COMPENSATION SUMMARY JOB CIASSIFICATION BASE HOURTY RATE Senior Project Engineer Srge.rslnr Project Administrator Srga.zrlhr Resident Compliance Specialist 5tq.fllnr Senior lnspector $tt.so/nr Major Task andl or Activity Maximum Man Hours Fee Amount (Not to Exceed) Senior Project Engineer/Public lnvolvement 200 537,230.4s Project Ad m inistrator/CSS 286 s39,532.82 Resident Compliance Specialist 297 522,OL!.72 Senior lnspector 990 576,72s.92 Total Not to Exceed Cost $17s,500.91 23 of 66