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HomeMy WebLinkAboutKM Plaza KM.PLAZA CONSTRUCTION SERVICES 1/111I1 LETTER OF INTEREST r April 7, 2009 RE~~~, rl ED Sunny Isles Beach Government Center 18070 Collins Avenue, City Clerk First Floor Meeting Room Sunny Isles Beach, Florida 33160 City of Sunny ~8 B Office 01 the Clerk RE: Response to Request for Qualifications No. 09-03-01- The Heritage Park and Parking Garage Dear Selection Committee: On behalf of KM/Plaza, we thank you for the opportunity to respond to the Request for Qualifications for the Heritage Park and Parking Garage. Your project is an exciting opportunity for the community of Sunny Isles Beach and KM/Plaza would be honored to be involved in such a project and we propose a staff that has extensive construction experience. KM/Plaza, formed by Plaza Construction and KM Construction, is a full-service, licensed and insured General Contractor created to manage and complete a broad range of construction projects such as ground-up construction, interior build outs and pre- construction services. KM/Plaza has been recognized by its peers as a leader in the construction industry with awards for: · Top Contractor in 2007, 2008 and 2009. · Project of the Year for 2007 and 2008. . Business of the Year for 2007. · Excellence in Construction Award for 2008. ~<~1/PlazrJ is forging strong relationships with its clients through quality construction and innovative applications of management t~chnjques. KM/Plaza is committed to building relationships through each project. This is achieved through the dedicated and experienced professionals that comprise the KM/Plaza team. At KM/Plaza, each project is treated with the same high degree of jr;tegrity, knowledge and commitment. Through the comprehensive services offered, KM/Plaza devotes itself to delivering successful projects. This is evidenced in our list of valued clients that has grown with each new relationship we have forged. We have a professional team with excellent credentials and are enthusiastic about this project and the opportunity to build a relationship with the City of Sunny Isles Beach. We have the financial strength to see this project beyond conceptual budget through its successful completion. The attached response is organized as follows: Section 1. Response to RFQ Section 1.5 questions 1 thru 4 Section 2. Response to RFQ Section 1.5 questions 5 thru 6 Section 3. Response to RFQ Section 1.5 questions 7 Section 4. Response to RFQ Section 1.5 questions 8 & 9 Section 5. Response to RFQ Section 1.5 question 10 Attached herewith - Response to RFQ Section 1.5 question 11, along with Exhibit A and Exhibit B. We look forward to continuing to discuss this exciting project with you. cc: Ron Katz, CEO Rich Wood, Chairman NEW YORK · MIAMI 120 NE 2Th Street, Suite 600, Miami, FL 33137 Telephone 786. 693. 8700 Facsimile 305. 573. 6995 - ection I - Company Information Company Overview KM/Plaza, a leader in the building community, is proud of its sustained and carefully planned growth and continues to achieve its milestones and create new goals. Since its inception in 2002, KM/Plaza has been recognized industry wide with the Top Contractors in the Southeast Awards, Business of the Year Award, Community Advancement Awards for specific projects, and recognition for philanthropic partici- pation. In large measure, we have achieved this place in our industry as a result of a deeply rooted philosophy of approaching each project with a high level of superior services and integrity. This philosophy, combined with a culture that encourages innovative thinking, allows us to attract a professional, experienced and talented staff that shares our values. Our team is our greatest asset and accordingly we continue to sup- port our staff through various professional growth opportunities. KM/Plaza is forging strong relationships with its clients through quality construction and innovative applications of management techniques. From its inception, KM/Plaza has viewed its clients as "valued partners" and members of the KM/Plaza team. Each client that we have contracted with since KM/Plaza entered the South Florida market- place remains on our reference list, highlighting that we continue to maintain a strong relationship with each and every one. KM/Plaza, formed by Plaza Construction and KM Construction, is a full-service, licensed and insured General Contractor created to manage and complete a broad range of construction projects such as ground-up construction, interior build outs and pre-construction services. Our GC license is CGC 1510476. Steeped in a rich building and development history, KM/Plaza has emerged as a leader in the construction industry. Established in 1986 after being the in-house construction division for Fisher Brothers, Plaza Construction Corp. (www.plazaconstruction.com) is a leader in the New York City Metropolitan Area construction industry. Ranked in 2008 by Crain's New York Business as the sixth largest construction firm in the New York Area, Plaza Construction continues to be recognized by its peers as a company that performs with the utmost integrity and quality, always placing the relationship with the client as the number one priority. ection I - Company Information continued Present Ownership and Key Management KM/Plaza is a joint venture between Plaza Contracting Company, LLC (Plaza) and Katz Meltzer Constuction Company (KM) created on January 1, 2007. The principal place of business and office of the joint venture is: 120 NE 27th Street, Suite 600 Miami, Florida 33137. The above address is also the location of the office that will be involved in this Project. The Joint Venture (JV) is licensed with the State of Florida as a General Contractor. Brad Meltzer, President of the JV, is the license holder of the entity and is based in the Miami office. ALL worked performed in the State of Florida by either party is per- formed as a joint venture. This is not a project specific joint venture. The JV is oper- ated as a seamless company with two ownership interests. The division of responsibities is as follows: The Executive Committee of KM/Plaza consists of the five (5) members, three of whom appointed by Plaza and two of whom appointed by KM. The members of the Executive Committee have the responsibility for supervising, directing, and overseeing the activities of KM, establishing the policies and operating procedures of the joint venture, managing the business and affairs of the joint venture. As determined by the Executive Committee, KM shall conduct the business of the joint venture on a day to day basis, perform the operations and management of the work called for by the Construction Agreements and any and all matters relating to execut- ing purchase orders, rental agreements, subcontracts, and other agreements. Plaza, at its principal office (260 Madison Avenue, NY, NY), shall keep and maintain the books of the JV. Plaza shall furnish statements and reports relating to the progress of performance of the joint venture and to the financial condition of the joint venture, to KM. Key Management Individuals is as follows: Richard Wood, Chairman Brad Meltzer, President Ron Katz, CEO There are no anticipated changes in overall corporate management ownership. ection 2: Response to RFQ Section # 1.5 questions 5 thru 6 5. KM/Plaza Personnel: eM Key Personnel pro- posed for this project Brad Meltzer, Principal David Bagnall, Corporate General Superintendent Joe Rodriguez, Project Superintendent Marcel Fernandez, Sr. Project Manager Rich Ruiz, Chief Estimator Responsibilities Over 20 year of professional construction experience, both new and mod- ernized facilities, architectural schooling paired with his vast construction backgound gives him a unique perspective when crafting projects requiring critical advanced planning, difficut staging and logistics, fast track schedul- ing, and maintenance of on-going operations. Leads both the preconstruc- tion and construction teams for the project maintaining direct ownership involvement for the entirety of the project. Has experience working with all team members on previous projects. Please see resume attached Has over 30 years of construction experience. Involved from the start dur- ing the preconstruction phase thru construction completion. Also, responsi- ble for planning and overall quality control for KM/Plaza work. Daily visits to jobsite to ensure quality, progress, scheduling. Meets with each super, attends weekly subcontractor and OAC meetings, reviews safety issues and resolves conflicts. OSHA approved safety director. Reputation among his peers, clients and design professionals as a true leader,driving projects to completion and to the highest standards. Has experience working with all team members on previous projects .Please see resume attached. Superintendent for over 18 yrs. Supervises the quality and efficiency of the shell envelope of the building including masonry, windows, stucco, roofing, waterproofing, as well as site work and through building completion. On a daily basis works with project manager and general superintendent and esti- mators to fully understand scope. Tracking and expediting of long lead items. monitors shop drawings, and prepares daily activity reports. Some project experience includes the Carillon II (part of the Canyon Ranch Project), The W Resort & Residence. Involved from the start in preconstruction and is responsible for overseeing the construction operations, contract administration and construction docu- mentation for the entire project. Has experience working with the following team members: Brad Meltzer, Dave Bagnall,Rich Ruiz. Please see resume attached Responsible for estimating from the earliest drawings through construction documents, to developing a GMP estimate with specifications and qualifica- tions, continues thru purchasing phase of project. Has experience working with the following team members: Brad Meltzer, Dave Bagnall,Marcel Fernandez. Please see resume attached. ---....., \ 1 I I I 1 1 1 1 1 I 1 I / ,/ / ( I I t ClI - :; e o ~ 1 I \ , '-'-'-1 '-'-'-1 I I 'm _ ml . t.) 1 IE _ lii "E' I -I g'"E 'Q) ~ E .!91 . -I := .!9 1 Iiii .r: Q)"5' >. ::l"5 '--->. g ~ ml 0)'0 m I fI>::l C c. 12~a. 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ClI Q),c l::Iu (j)e :E= -c[ ~ 'u CO e ';: D. ------, \ 1 I 1 I I 1 I I 1 1 I I I I ( / / '-'-1 i ~ jJ_ . ~ a.!l! 1 I Cll., u . . - III ~ I 13l-gOl' 3:0.0)1 IOlmc. . >. ~';: 1 I .r: ~ c . .Ciil-.!!!I I ~__a._. .-0, -.; -I ~ Eel 'iilmgini 'CCi;o:.=, ~ 8 ~ ~ .~ 1 I ~.~ ~ ~ i 'OUJiJOl. IE ::l I . U5 .::. 1 Q) Ol 1 ~l?_._ - e Q) E Q) C) ClI e ClI :E - CJ Q) '0' ... D. , .....---- 1 1 I \ , --, --- \ 1 I I I I I 1 1 I 1 I 1 J / ~~ ~~- E ClI Q) l- e o CJ Q) ... D.+ I I \ ---- '-- N 0 '510 ~ .~ (i)U) CUJ Ill_ .r: Q) u .- a:B >'0 Q)- a::: III x .5 Q)- -m <(UJ · u :I~ ~E :. rad Meltzer, President, KMIPlaza Mr. Meltzer offers over twenty years of professional construction experience, for both new and modernized facilities, His architectural schooling paired with his vast construction background gives him a unique perspective when crafting projects. Brad's hands-on expe- rience includes projects requiring critical advanced planning, difficult staging and logistics, fast track schedules, and maintenance of on-going operations, He provides creative and innovated solutions and leadership on every project, successfully meeting clients' goals with the highest level of quality, Mr. Meltzer also holds a Masters of Architecture Degree from Tulane University School of Architecture and is a licensed General Contractor in the State of FL. Assoc;ations: CEA - President CASF - Member/Committee Member USGBC - Member LBA - Latin Builders Association - Member AGC - Member Board of Directors, Miami Children's Theater PHS Islands Association - Past President Jewish Federation - Member Hotels and Condominiums · The Marquis, Miami, Fl · Carillon II, Miami Beach, Fl · The W Hotel, Miami Beach, Fl · South of 5, Miami Beach, Fl . Bayloft Condominiums, Miami, FL · Space01 North Bay Village, FL · New Wave, Miami, FL . Mandarin Oriental Hotel, Miami, FL · Courts Brickell Key, Miami, FL · Sheraton Manhattan Hotel, NY, NY Commercial / Retail/ Restaurant . TownCenter One at Dadeland, Miami,FL · Carbonell Sales Center, Miami, FL . Gateway Center, Lighthouse Point, FL . Sonia Rykiel, Coral Gables, FL · Canali, Coral Gables, FL · Elemis Spa, Coral Gables, FL . Shoppes of Old Cutler, Miami, FL . The Green House Spa, NY, NY · Avon Headquarters/Showroom, NY, NY · Azul, Miami, FL · E-Spa, Miami, FL · Cafe Sambal, Miami, FL . Fidelity Investments Retails Stores (4 S. FL locations) · Charles Schwab, NY, NY . Children's Museum of Manhattan, NY, NY Office Build-Outs . Credit Suisse First Boston, Miami, FL · Credit Suisse Private Banking, Miami, FL . Quittner Brothers, Miami Beach, FL . Lehman Brothers, Miami, FL . Berkowitz, Dick, ~llack & Brant, Miami, FL . Biscayne America Advisors, Miami, FL · MDM Development, Miami, FL · Barclays Capital, 222 Broadway, NY, NY . Mt. Sinai, Financial Division, NY, NY · Pfizer, Inc., NY, NY . Soros Fund Management Company, NY, NY · Tiger Management, NY, NY · Dresdner Bank, NY, NY . Credit Suisse First Boston, NY, NY · Swiss Re, NY, NY . Union Bank of Switzerland, San Fran" CA · Union Bank of Switzerland, NY, NY - . avid L. Bagnall, Corporate General Superintendent David Bagnall serves as the General Superintendent for KM/Plaza and has over 30 years in the construction industry, Mr. Bagnall is responsible for planning and overall quality assurance for the various con- struction projects performed by KM/Plaza. Dave's primary responsibility is to make daily visits to the jobsites to check on the quality of work being installed and to ensure the progress of the project is on or ahead of schedule. He meets with the superintendent(s) assigned to the project to help execute each individual project. He also attends the weekly subcontractor and OAC meeting to interact with the subs and consultants to pro- vide more manpower, review safety issues and to resolve conflicts, as well as insuring overall quality of their work. He is an OSHA approved site safety manager, Dave has earned a reputation amongst his peer, clients and design professionals as a true leader responsible for driving projects to their completion on time and to the highest quality standards, His ability to liaise with city officials/inspectors has proven to be most valuable to his clients and allows for smooth inspection process. Major Accomplishments · The Marquis, Miami, Fl . The W Hotel, Miami Beach · Carilon II, Canyon Ranch Project, Miami Beach, FL · Towncenter One at Dadeland, Miami, FL · Mandarin Oriental Hotel, Miami . Bayloft Condominiums, Miami FL · New Wave, Miami, Fl . Space 01, North Bay Village, FL · Jade Brickell Bay, Miami, Fl · Courts at Brickell Key, Miami, FL · Santa Maria Condominium, Miami · San Juan Marriot Hotel & Casino, Puerto Rico · Two Tequesta Point Condominium, Miami, FL Other Projects · United States Post Office, Davie Florida · Bosley Medical Center, Boca Raton" Florida · Nick's Restaurant, Miami Beach · Miami Beach Marina - Renovation · Broward Community College, Hollywood, Florida · Marina del Rey, Miami, Florida · ARC Center, Sunrise, Florida · UPS Facility, Deerfield Beach, Florida · General Dynamics Tank Plant, Warren, MI . Municipal Marina, Detour Village, MI · North Pier, Charlevoix, MI · Air National Guard Base, Milwaukee, WI . GM Assembly Plant, Hamtramick, MI · Veteran's Hospital, Ann Harbor, MI · GM Assembly Plant, Three River, MI . Veteran's Hospital, Battle Creek, MI Joe Rodriguez, Project Superintendent Joe Rodriguez serves as a Superintendent for KMI Plaza with over 18 years of experience in the construction industry, As a Superintendent, Mr. Rodriguez's overall responsibility is to supervise quality and efficient oper- ations. He works closely with the General Superintendent and Project Manager to coordinate and sequence each phase of the construction, while familiarizing himself with the specifications and contract documents. His daily responsibility include tracking and expediting materials required to maintain the project schedule as well as monitoring shop drawings and the approval process, preparing daily activity reports, maintaining concrete and reinforcing logs and organizing weekly site safety meetings. His parking structure experience includes those at the Carillon, The W Hotel, including a 400' vehicular tunnel, and the Mandarin Oriental to name a few. In his career, Mr. Rodriguez has contributed his experience to the following projects: . Carillon Phase II, Miami Beach, FL . The W Hotel, Miami Beach, FL . Mandarin Oriental, Miami, FL . Asia, Miami FL - Precon thru Pilecaps . Jade, Miami, FL . Carbonel, Miami, FL . The Courts, Miami Beach, FL . Three Tequesta, Miami, FL . Two Tequesta, Miami, FL . Loew's Hotel, Miami Beach, FL . Harborage, Oakland Park, FL . Portofino Tower, Miami Beach, FL . Deering Bay, Miami, FL . 2800 Williams Island, Miami, FL . Metro Dade Police Headquarters, Miami, FL Marcel Fernandez, Senior Project Manager Mr. Fernandez is a Senior Project Manager for KM/Plaza and has over 12 years experience in the construction industry. As a Senior Project Manager for KM/Plaza, Mr. Fernandez is responsible daily for over seeing construction operations, contract administration and construction documentation for the entire project, He works close- ly with the owners and representatives and has overall responsibility to coordinate and sequence each phase of construction. He serves as a liaison between clients and coordinates on-and-off site communication between sub-contractors and consultant teams. Mr. Fernandez earned a Bachelor of Science in Construction Managenent from Florida International University, In his career, Mr. Fernandez has contributed his experience to the following projects: . South of 5, Miami Beach FL,7 story, 200,000 square feet, $38,500,000, luxury condominium residences . Miami Dade County Public Schools, - over 50 schools from preconstruction to completion, . Robert Morgan High School · FlU Housing · FlU Stadium . FlU Law School . University of Miami Convocation Center . Metropolis at Dadeland, 2 29 story towers with parking strucutre, $78 million . Mammoth Events Center, Denver Colorado, 3500 capacity all-events facility, ., ichanell Ruiz, Chief Estimator Rich Ruiz has over 13 years of construction industry experience and is the Chief Estimator for KM/Plaza, As an Chief Estimator he is responsible for preparing design and construction cost estimates based on the scope of work, developing and/or reviewing lists of qualified subcontractors, reviewing and negotiating subcontractors' quotations, and supervising the organization of bid packages, He serves as a liason between clients and coordinates on and off site communication between sub-contractors and consultant teams. In his career he has contributed to the following projects: · Carillon II, Canyon Ranch Project Miami Beach, Florida 36 story, 207 condo units . 55th Clinton Associates LLC New York, NY 400,000 sf New mixed-use retail / resi- dential building including 371 apart- ments · The Marquis Miami Florida 67 story, 1,200,000 sf, 306 units · Random House Headquarters, 1745 Broadway, NY, NY 880,000 sf" Mixed use commercial/ residential building · The W Hotel Miami Beach, Florida 21 story, 875,000 sf, 419 units · South of 5 Miami Beach, Florida 126,000 sf, 28 condo units · Loews Shopping Center Route 9 Old Bridge, NJ 200,000 SF · Bayloft Condominium Miami Florida 9 story, 100,000 sf, 58 unit loft style condos · Intrepid Museum Pier 86 12th Avenue and 46th Street, NY, NY New entry building and gift shop 20,000 SF · New Wave Condominium Miami Florida 19 story, 216,000 sf, 78 condo units · Space 01 Condominium Miami Florida 16 story, 54 condo units, 186,000 sf · Westchester County Courthouse White Plains, NY Courthouse renovation, 300,000 SF ection 3: Response to RFQ Section # 1.5 question 7 Project Name,Location, Description Construction Cost Phase of Development The Marquis $212,703,792 96% Complete 1100 Biscayne Blvd, Miami, FI Mixed use luxury condominium, parking structure, retail, hotel Total Parking Area: 173,405 sf Parking spaces: 400 spaces Total Area: 1,200,000 sf Architect: Arquitectonica, Sherry Gutierrez (305) 372-1812, sgutierrez@arquitectonica.com Owner: Africa Israel US, Alex Smith (305) 571-4030. asmith@africaisrael.us Canyon Ranch living/Carillon II $116.691,894 100% Complete 6800 Collins Avenue, Miami Beach, FL Condominium with parking Total Parking Area: 280,000 sf Parking spaces: 900 spaces Total Area: 853,000 sf Architect: Arquitectonic, Sherry Gutierrez (305) 372-1812, sgutierrez@arquitectonica.com Owner: WSG Development,Phil Wolman (305) 673-3707, pwolman@wsgdevelopment.net The W Hotel $169,484,561 90% Complete 2201 Collins Avenue, Miami Beach, FL Condo-Hotel, with parking Total Parking Area: 148,051 sf Parking spaces: 560 spaces Total Area: 875,000 sf Architect: Nichols, Brosch, Wurst, Wolfe, & Associate, Bruce Brosch (305) 443- 520 bbrosch@nbww.com Owner: Related Companies, David Harrison (917) 348-9227, dharrison@related.com TownCenter One at Dadeland, $53,143,832 87% Complete 7400 N. Kendall Drive, Miami, Fl. Office Condominium with parking Total Parking Area: 282,162 sf Parking spaces: 685 spaces Total Area: 600,000 sf Architect: Nichols, Brosch, Wurst, Wolfe, & Associate. Bruce Brosch (305) 443-520 bbrosch@nbww.com Owner: Dayco Holdings, Louis Lamar (305) 377-8333, II@daycoholdings.com South of 5 $38,500,000 100% Complete 121 Ocean Dr. Miami Beach, FI. Luxury Condominium and restoration project Total Parking Area: 20,698 sf Parking spaces: 45 Total Area: 200,000 sf Architect: Nichols. Brosch, Wurst, Wolfe, & Associate, Jim Wurst (305) 443-5200 jwurst@nbww.com Owner: Sam Develop, Michael Samuel (305) 775-5700 michael@samdevelop.com ction 3: Response to RFQ Section # 1.5 question 7 continued Project Name and Location Bayloft, Biscayne & 25th Street,Miami, Florida Loft style condominium building with parking structure Total Area 200,000 sf Parking Area: 30,OOOsf Parking Spaces: 72 spaces Owner: Cardinal Development,lrene Arditi, (305) 536-1490 '. .. ^^- -^^ ^^~.~ New Wave, 725 NE 22nd Street, Miami, FI Residential Condominium with parking Total Area: 176,000 sf Total Parking Area: 70,000 sf Parking Spaces: 93 Owner: Cardinal Development,lrene Arditi, (305) 536-1490 Architect: Kobi Karp Architecture, 305-945-3636 Space01, Harbour Island, North Bay Village, Florida Loft-style condominium with parking structure Total Area: 160,OOOsf Total Parking Area:44,000 sf Parking Spaces: 111 Owner: Cambridge Development 305-575-2150 Construction Cost Phase of Development $7,200,000 Complete 2005 $16,500,000 $13,500,000 Plaza Renovation $2,600,000 1345 Avenue of the Americas, New York, NY Demolition and construction activities performed in mulitple phases to minimize dis- ruption and inconvenience to tenants and visitors. Outdoor plaza with new ornamen- tal railings, planters, lighting elements, drainage, water supply, fountains. and benches. Owner contact: Mr. James Dunn. Building Manager 212-581-7795 Archtect: Designtech: 212-944-7770 Isamu Noguchi Garden and Museum 32-327 Vernon Boulevard, L1C NY Renovation of a museum both interior and exterior work during exhibition set up. Architect: Sage Wimer Coombe Architects 212-226-9600 Owner contact: Jenny Dixon Museum director, 718-204-7088 $8,700,000 Complete June 2006 Complete April 2006 Complete 98% ection 4: Response to RFQ Section # 1.5 questions 8 and 9 At KM/Plaza we take great pride in our Pre-Construction Services program, KM/Plaza has developed an extremely detailed and aggressive prequalification process that all subcontractors and vendors must go through in order to become part of our bidders list. This includes strict financial reports, EMR figures for the past 5 years, resumes of key staff, a list of projects completed and in progress, and a list of refer- ences. References must include clients, consultants and vendors. Once on the bid list and involved in the bid process, each subcontractor must complete a "Trade Analysis" as part of their bid. This "Trade Analysis" is prepared in house and is customized for each project and trade. By preparing this in an extremely detailed fashion, it sets the stage for this trade's contract exhibit and clearly identifies their scope of work. This analysis leads to fewer questions and issues in the field once the project is started, and therefore leads to less paperwork, conflicts and reactive management. This proactive methodology is a standard on all of our projects and has led to successful project after successful project. KM/Plaza has developed a system for procurement and tracking that begins in the Preconstruction phase and is instrumental in the success of each and every project that we manage, All material components get logged into the submittal tracking log and are managed by the project management team. KM/Plaza goes to great lengths to confirm that the materials are indeed on schedule and will be delivered at the job site within the required parameters so as to not only avoid delays, but to also ensure that the mate- rials are available in advance. This allows for field modifications or potential reordering should they arrive either damaged from delivery or require field fitting due to site conditions, KM/Plaza has made field vis- its to locations such as Montreal, Brazil, Italy, Chicago and New York, to name a few. These visits helped to confirm that materials were under fabrication, ready to ship, and were of an acceptable quality. The KM/Plaza team reviews all RFI and submittals prior to submitting them to the Design Team. This helps stream line the process and helps avoid unnecessary time spent by the Design Team to answer questions that might already be answered within the bid and or construction documents. The most valuable com- ponent of our preconstruction process is the constructability review. Our review is done at each stage of document issuance, The review process raises issues in design development that allows us to mitigate the RFI process during construction and ultimately reduces change orders and potential delays due to incom- plete documents, KM/Plaza not only raises the issues in the constructability review, but also manages the process so that these "open issues" become incorporated into the documents and are therefore no longer "open issues". With regard to records and reporting, KM/Plaza uses the same systems consistently on each project, Our corporate standards can be modified to meet the needs of each and every client, but we attempt to main- tain the same format of reporting for each project. This allows our staff to learn our system once and become more proficient with each project rather than having to learn new systems and formats for all new projects they encounter. KM/Plaza uses a proprietary accounting and project management software package called IMPACT!, This system not only provides the management team with up to the minute accounting information, but the client is provided with a password to the system to allow them to have complete and live accounting information for the project, It is in keeping with the KM/Plaza standard of being a fully transparent Construction Manager. IMPACT! is proprietary to KM/Plaza and is maintained and modified in house versus "canned software" that cannot be tailored to a specific client or project. It pro- vides us with an accurate yet flexible accounting and project management solution. ection 4: Response to RFQ Section # 1.5 questions 8 and 9 cont'd KM/Plaza uses a quantitative method of estimating and budgeting, mixed with some of the latest tech- nology to help expedite and streamline the budgeting process and the updating of each progress budget. Our entire estimating department uses digitizer software for take-offs which can be imported into our Excel format for estimating. Our formats are completely standardized, once again keeping the process familiar and easy to update at each budget revision, Typically a budget is updated with the issuance of a revised set of documents or with the acceptance of Value Engineering options. Our budgets have always been within 5% of the final GMP value. Our GMP's have historically been less than the budgets for each project, This accuracy has therefore never put our clients in a situation of being surprised by the final price. The estimates are always done independently of subcontractor bids, but then supported by the market place once the estimate is completed. The final budget estimate becomes a joint effort between estimating using historical data and actual bids from the local market place, Our staff, including our President, Brad Meltzer (Master of Architecture), is stocked with trained profes- sionals that are able to provide not only strong Value Engineering possibilities, but also with a potential- ly more important component; the Constructability Review. This review is performed on all of our proj- ects and is done at each stage that budgets are updated. This allows us to explore the project, the thor- oughness of the documents, and the way in which the project will be built, before the Construction Documents are issued for bid. An example of this effort can be seen on The Marquis. Prior to issuing the drawings to the subcontractor market for the bid of this 67 story tower, KM/Plaza completed a Constructability Review that included over 1400 issues that required resolution. These items were all answered and responded to by the design team and included in the bid documents, This prevented approx- imately 1400 items from becoming RFI's, change orders, delays, etc. At each stage of Design Development (25%, 50%, 75% and 100%) the entire list was updated, added to and confirmed, thereby confirming all open and closed issues at the time of final documents. With our firm's history as an Owner/Builder, KM/Plaza takes expenditure of the client's funds as our most critical mission, With this in mind, we have established a program that has proven to save our client's significant dollars through Value Engineering. An example of Value Engineering that realized significant savings was the garage surround on the Carillon II project, By simply changing the "wavy wall" element that surround the parking structure from poured in place concrete to precast, we were able to reduce the GMP by $400,000.Not only did this save a great deal of money, but it actually increased the quality and aesthetic that the Owner and Architect were look- ing for. Another Value Engineering achievement occurred on the Marquis. This project stands 67 stories tall. The value of the eventual glazing contract was in excess of $10 million. One suggestion we made was modifying the color of glass specified. This change proved to yield a cost savings of over $ 1 million and is almost unnoticeable to the naked eye. ection 4: Response to RFQ Section # 1.5 questions 8 and 9 cont'd KMfPlaza places a major emphasis on quality control in the Pre-Construction Phase through the Constructability Review. It is through this endeavor that we are able to review details, material compat- ibility, scheduling conflicts, warranty and guaranty issues, etc. When these issues are resolved in advance, they can be performed with much greater quality and speed as the entire team understands the task at hand versus trying to work out details as the project is being constructed. In addition, KMfPlaza has a written quality control manual that each Project Manager and Superintendent receives as part of the employee's orientation with our organization. This quality control plan is carried out on each project and is constantly being monitored by our Vice President of Operations, David L. Bagnall. One example of quality control that is somewhat unique is our commitment to avoiding potential conflicts prior to their arrival at the jobsite, We have made many trips to our subcontractors' and vendors' facilities and man- ufacturing plants to ensure that millwork, stone, light fixtures, elevators, etc. are not only being fabri- cated but that they are being fabricated to the correct standards and quality that is expected for the project. A sampling of shop visits made is listed below: .Window manufacturer in Qubec, Canada for The Marquis, The W Hotel and South of 5. .Millworker and the stone contractor in Montreal, Canada for The W Hotel. .Elevator manufacturer for all 5 projects under construction, including visits to the custom cabinet manufacturers, .Visit to Italy for W Hotel stone procurement and South America for Carillon II. . Visit to Chicago for Miscellaneous Metal and Grillage inspection. These visits not only proved to be fruitful and allowed us to avoid delays to all of the projects as long lead items were not only delivered on time, but were delivered per the project specifications, avoiding delays for returned materials. David Bagnall is not only involved in the Pre-construction Phase, but is the key member in charge of the field operation for all projects and therefore is fundamental in ensuring that the issues raised during the constructability review process are carried out in the field. As mentioned earlier, all submittals are reviewed by KMfPlaza staff. The submittals are filtered through one team member. However, the submit- tals are then funneled to the key team member that is responsible for that discipline, For example, all submittals for divisions 15 through 17 will be reviewed by Marcel Fernandez. At the onset of every proj- ect, the team reviews the design parameter issued by the Owner. They then review and tailor our stan- dard policies for Quality Control, Mold Mitigation, Water Intrusion and Safety to be project specific, insur- ing that the entire project staff is familiar with the project specifics. In cases that the Owner has approved, we have also employed a third party quality control review firm. These firms issue monthly reports that are distributed to the Construction Manager and the subcontractors. Each item is then resolved and shown as completed or corrected on the next report, thereby leaving a completed log as a part of the final close out documentation. This also allows the Lender fawner to have a level of comfort that all critical Owner issues are Third Party monitored, ction 4: Response to RFQ Section # 1.5 questions 8 & 9 cont'd As schedule is a critical component to not only the cost of the project, but sequencing, logistics and turnover, we believe that scheduling is a team effort, The initial project schedule is prepared in house by our General Superintendant and Vice President of Operations, David Bagnall. This conceptual schedule is then reviewed with all project team members including design professionals and Ownership, and once agreed and approved, the GMP scheduling process begins. The base line from our Conceptual Schedule is transferred from Microsoft Project to Primavera, Our scheduling consultant, Strategy LLC, will review with our project team and provide the complete project detail in the schedule. All design milestones, pro- curement issues, long lead materials, shop drawings, etc, will be identified so that all project items are ordered in a timely fashion and all team members are aware of their responsibilities with regard to proj- ect deliverables. The Preliminary GMP schedule is included in the invitation to bid to the project's poten- tial subcontractors, confirming the subcontractor market "buy-in" to the schedule and allowing the sub- contractors to include it as an exhibit within their contracts. We also take advantage of this process to further refine the schedule in the event we receive critical input from subcontractors at this juncture. Once this process is completed, we prepare and issue the final GMP Project Schedule, This schedule will be updated monthly as part of our Monthly Report. Additionally, at each O,A.C. meeting, we issue a "two week look-ahead" schedule identifying the critical issues in the upcoming weeks and confirming that the project schedule is being met. Scheduling is a subject that is taken extremely seriously and is tracked aggressively on all KM/Plaza proj- ects, including the Marquis, the W Hotel and South of 5. The Marquis stands above the rest as a project with successful scheduling. At 67 stories and 1,200,000 square feet, the ability to stay on track and adjust the schedule or the sequencing has proven to be our greatest success on this project, At a time when materials and man-power were at a shortage, we were able to manage the project and maintain the schedule at all times, One scheduling challenge included a four day per floor concrete cycle, a goal oth- ers thought impossible. We were successful in achieving this objective and were able to save the project over 45 working days. This 45 working day savings, translated into over two months of calendar time, and allowed us to keep the project on schedule even with permit and design delays, Another scheduling hurdle related to the differential settlement that would occur due to the massive height of the tower (67 stories) and the parking structure (14 stories). After reanalysis of the differential settlement, the geotechnical engineer informed us that commencement of the adjoining parking struc- ture could not occur until completion of the 36th floor of the main tower. As this differed from the engi- neer's original analysis, we needed to revise the start date of the parking garage/townhouse structure to maintain the initial project completion date Specifically in answer to Section 1,5 question 9, all of our projects are constructed and managed using and implementing the methods as stated above including our preconstruction, scheduling, material pro- curement, reporting and record keeping, The City of Sunny Isles Beach and The Heritage Park and Parking Garagewill benefit from our experience and expertise, our hands on ownership approach and our com- plete open book policy. For each project, KM/Plaza manages it in a similiar approach with modifications made for specific situations unique to each project. KM/Plaza has, in the past four years, completed parking garages with a total of 2,800 spaces or 1,000,000 sf parking. Section 5 - Question 10 KM/Plaza's current workload includes The Marquis, The W Resort and Residences and TownCenter One, We are at least 90% complete on each of these projects and have positioned and scheduled ourselves as ready to proceed with the next wave of projects, The Heritage Park and Parking Garage would benefit from our position in the industry as we have maintained an expert staff with current experience in parking struc- tures at the Marquis, The W, Carillon II, and Towncenter One to name a few. AC# ,~} 8 ~Z 8 ~A i:-~f;e,ft~" .o*~' :~!~~ '~~~lT~I~9~lft<?)%ID~ . =_ ..t ~~f, .,;1;iDEPARTMENT' di~~iJ3tf;ff""f\''''",'''1[''f)>''''''''./' "i",,~ :'~~.:'.' ,-. -; .~, ~~.1i .t~ii ~~~~~ 'F~ .Jf#~~ :W-,-9PNS~Iiq,9.T~~a~~'~~b~R~~OFESSIONAL REGULATION ~. 'C. '.' .).\~. -;.,.k..';,',~' \;:1.=if.:);:0'((l;;:I:f(,)t,~\ ~tC:r~*fJr(\'t(.."'1~0'f(;'r<'r.; ii;'!r}~fr~E~~.INq BOARD SEQ# ' , t. . .'~' . . 'Xr.'....Nl'.h '. ,,'^"~ ,~-. L08073001218 . . : . LICENSE~~NBR)~~~J<i::U~i':('1\,",' .', "'"',iI ., ' J ~', "" (-!I,~ '& ,-t\..-t-:, '>. 1 07 30 2008 0705204231:)'.; CGC1:S\1(".'0'~e!il'~~\~r\.~)'-*.'~1rl,#~" .', " .' ~. . I ,o~ ),.{9=-~~ ~~;...v::..~"'k _ " I The GENERAL ,CONTRACT6R.~:.'~.'<'...t';';fK*)~~~~~'-.-."~0.1..".~. ;~~!' .:: Named below IS ,'CERTIFtEffWi"~~~W&"~ 2: . !~J.,t Under the provi'sions"6'f~:{Cli~P't~b4="";~: "'. {; Expiration da,te: 'AUG 31-::~)\201'O~~:"">1 F~~;,;;._ j- . . .._. __' ,.... "f.~,~ +J.:i!~~ PI '>5[",: . '..-- :'-.~r-~~. F:: ~-'":~~I ,', (, 1~~~~)~.~, .1~-,~-f _,~,.d! L~'.t.. " .'n ~-" ~nl;.~. 1/\', 1~(,"""~I'''I\~!)\ ,J~i" . MELTZER{;rBliAo"?MARK' 1 ',':{(:;,)}%'~ ,.~..lj ~- :'i?~ .. KM /:- PLAZA""" /:(.';;' ,.1. '. '~)f''J[~(i~~,~~' ,J"}Ylijl. ~ 120,r,NE 2,7Tlt'~STREET \ "st':if'~~'~6r::'0'2l~04~?,;~'%:,\' ~~, MI.AMI i., ....-1.\ ,ll"P "j \ ' Pl, \. l~tJ G,'" ~1 .tIrtl~' \"-FL'((33'-r3~7';'i0' OlJ V : '\ . d::.. . ')lJt~;~~)~;W~tl~~r '1{'f~;.;: , ~~~ ,)~2'i 4~)f~'n~6:';')~2&,((~)ii1i.' ,(' ,,' I II I] ;:-;V(_l~" "ij"u"?\'( ~-"''''''P''';'YM'6i'.~I.~'''--#- ~ -, CHARLIE CRIST' '~:t.- dj-J ',d}'~'eJm}~l~:~}~~~)I(O;:;:~*J'*5r'(-;" 'I 1,1 U ...., :':];\>T ':{/"~ )~~ f.~' ~~=. -,' ,_~v ' GOVERNOR ~)~.Ji.-t ~'i~1i~~€I'~~~::{;~i;fft),':;~r ,I 'fi~#} '[~Rj:S'R~y'{#:s:f{E"QUIR '0 ' ., . ,..'~I("",'.~I..'.'''(''',{~,''\ ~,T'. E BY LAW >. :....;:-.:'1 ..' -t-~:, CHUCK DRAGO INTERIM SECRETARY DETACH HERE AC# .3 2 3.Q 811.. ." . ,_-- . ST~TI;..o.F FLQR.IOA, ....,.. '. ......~':::. :.::.:.>!~\: ?:; .:i';~E~ART~ENfu.:~:oJi~~1t;SI~~ti~B E~0i.~~ss$8J}ili R:Edd'Lid:'ION. . ; . .'. "..; . ,. ~t7.:~.: 2{/, ',::'\ ";;'>(" i_;~:ePNST.:RUC.wm.o~~~r$u:s:;l?RYi:~);.I'~EI:t::U:N~;:~,BQARP,; .,'.";:: SEQ#L07052300785 ...;: ....,/;,-.:~ W;<.;i' '~S:,:-":/ '~:L..~~:::::i ~,~:{;~ tt.~.:,sl~' "1;.:?;' '~;"':j,;'J'::/{::.' :;;-:'i. :.".;" ". ':'. . . . LICENSE' 'NBR ""~' . ....~ '''.,,' '-' .... 05 23 2007 068190302 .~:;; B'{S43\3~:~.\.: The BUSINESS ORGANIZA?rt0N{~;'~' ~. Named below IS QUAL:tf~rE'D ~1:~~. Under the provisionszdf Chap~er 489 FS. Expiration date: AUG 31, 2009 . . (THIs':.,,:!:S NOT .~...l!ICENSE TO PERFORM WORK'. COMPAl,tY;~'T6\OOBU$INESS ONLY IF IT. HAS A . >- '.::'~ :.,'. ::,'; \.:. '". ..' ..:~ ~- . .- . . . .~ olk~t~~~h<: ~~.~:~~ , SUITE 600 MIAMI..... ." ',' FL 33137 :."~. . "."".' ,".:.' .:~ =. ~:-~ . ...... '. ;~ ~. . " THIS ALLOWS" QUALIFIER:;~) ~':'.. ;:.;::>. ~~,".: .. - ....'.. :i;.:~'\ '~'...'.~ ... 2 -. .". , . CHARLIE CRIST GOVERNOR .." :i.(~~.:;: '.. ." ........ "} ~~ ~if}s\ -,'- 'di~PL~V~~~:gOUIRED BY LAW HOLLY BENSON SECRETARY, - April 2, 2009 Sunny Isles Beach Government Center 18070 Collins Avenue, City Clerk First Floor Meeting Room Sunny Isles Beach, FL 33160 Re: Principal: KM-Plaza City of Sunny Isles Beach Miami-Dade County, Florida Project: Request for Qualifications No. 09-03-01 Professional Construction Services for the Heritage Park and Parking Garage To Whom It May Concern: KM-Plaza is a valued client of RFF & Associates Inc. Their surety, Liberty Mutual Insurance Company have supported KM-Plaza over the past five years on single projects of $250,000,000.00 and in excess of $1,000,000,000.00 aggregate. While project specific details are not yet available, we are prepared to arrange for the required Performance and Payment bonds if KM-Plaza is awarded a satisfactory contract with Sunny Isles Beach Government Center. Customary with industry practice, the execution of any final bonds wOl!ld be subject to, but not necessarily limited to, receipt and favorable review of all contract terms and conditions,' bond forms, confirmation of project financing and any other relevant underwriting information needed at the time of the request. This letter is not an assumption of liability, nor is it a bid bond or a performance bond. It is issued only as a bonding reference requested from us by our client. If we can provide any further assistance, please do not hesitate to call upon us. Very truly yours, Robert T. Pearson Senior Vice President Surety Information Liberty Mutual Insurance Company 1211 Avenue of the Americas New York, NY 10036 Attn: Michael Roberts 212-221-4598 1001 FRANKLIN AVENUE · SUITE 208 · GARDEN CITY, NY 11530 . OFFICE: 516.414.8900. FAX: 516.414.8987 CONNECTICUT · FLORIDA · MARYLAND. NEW JERSEY. PENNSYLVANIA LACORDT~ CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY) 02/25/2009 - PRODUCER THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ONLY Aon Risk Services Northeast, Inc. parsippany NJ Office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS 10 Lanidex Center West CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE P.O. BoX 608' COVERAGE AFFORDED BY THE POLICIES BELOW. parsippany NJ 07054-0608 USA PHONE.(866) 283-7122 FAX- (847) 953-5390 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers property Cas Co of America 25674 KM/plaza JV INSURER B Federa 1 Insurance Company 20281 Co. , LLC JV 120 NE 27th St,. uni 5 INSURER c: St paul Fire & Marine Insurance Co, 24767 Miami FL 33137 USA INSURER D: zurich American Ins Co 16535 INSURER E: COVERAGES SIR applles per terms and condltlons ot the POllCY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MA Y HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR ADD', POLICY EFFECTIVE POLICY EXPIRA nON LTR INSRU TYPE OF INSURANCE POLICY NUMBER DA TE(MM\DDIYY) DATE(MM\DD\YY) LIMITS A GENERAL LIABILITY VTRJC07554B579TIL08 05/01/08 05/01/09 EACH OCCURRENCE $2,000,000 ~ ro~~"&G~U~'~' DAMAGE TO RENTED $300,000 CLAIMS MADE ~ OCCUR PREMISES (Ea occurence) MED EXP (Anv one person) )~,UUU PERSONAL & ADV INJURY $1,000,000 D GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $4,000,000 PRODUCTS - COMP/OP AGG D POLICY I:J PRO- D LOC JECT B AUTOMOBILE LIABILITY 73521901 05/01/08 05/01/09 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 X ALL OWNED AUTOS BODILY INJURY - SCHEDULED AUTOS ( Per person) - HIRED AUTOS BODILY INJURY - NON OWNED AUTOS (per accident) - PROPERTY DAMAGE - (per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT B ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG C EXCESS /UMBRELLA LIABILITY QK09001736 05/01/08 05/01/09 EACH OCCURRENCE )~,UUU,UUU ~ OCCUR D CLAIMS MADE AGGREGATE $5,000,000 BDEDUCTIBLE RETENTION $10,000 A VTRJUBbH4HBH3bUH VJ/ v./ vv X I~C STATU-I I?TH- WORKERS COMPENSA nON AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT $1,000,000 ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICERJMEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $1,000,000 If yes. describe under SPECIAL PROVISIONS E.L DISEASE-POLICY LIMIT $1,000,000 below OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHlCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of Insurance only CERTIFICA TE HOLDER CANCELLA TION sample SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL NY . USA 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LErr, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT A T1VE ~~g~..A/'~~ ACORD 25 (2001108\ ACORD CORPORATION 1988 ... .. l:: .: c .. ~ ... .. 'l:l Q :c ~ co C'> '" co o M M o o r-- '" o Z .. - ~ ... l:: .: ... .. U - ~ ~ ....... =-- ~ --. ~ -... ~ ~ ~ ~ ~ 5...! ~ -- II:!- . ~ j} - .... Attachment to ACORD Certificate for KM/plaza JV The terms, conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the coverage afforded by the insurer(s). This attachment does not contain all terms, conditions, coverages or exclusions contained in the policy. INSURER INSURED KM/plaza JV Co., lLC JV 120 NE 27th St., uni 5 Miami FL 33137 USA INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. ADD'L POLICY NUMBER POLICY POLICY INSR INSRD TYPE OF INSURANCE POLICY DESCRIPTION EFFECnvE EXPIRA nON LIMITS LTR DATE DATE EXCESS lIABILITY AEC913756802 05/01/08 05/01/09 Aggregate D Excess liability - 20M x $20,000,000 Each Occurrence $20,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate No : 570033085984 EXHIBIT "A" 15 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn stalemeI!t, is submitted-.- I to C;, + 1 ot S<.( n n y ~ {J "Belt ('/ hi1=-( by BY"t1q i\{~1 t~v- for~ldzL!( whose business address is ''1 ~ A ,., 1- <"II ~ ,/') .. J aD N6 J,1f1" S7Y~( 0""]::tr, boo i N,arnj I PI , :':?...1/?J 7 and (if applicable) its Federal Employer Identification Number (FEIN) ).0- :1&t t1S'f (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287. 133(l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation, 3, I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statutes means a fmding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders. 4. I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means: a, A predecessor or successor of a person convicted of a public entity crime; or b, An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity come, The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 16 5, I understand that a "person" as defined in Paragraph 287.133(l)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6, Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (please indicate which one (1) of the tpllowing three (3) statements is applicable,) ~ (1) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months, (2) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. (3) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS Fll..ED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO , WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOlD AMOUNT PROVIDE ECTION 287,017, RIDA STATUTES FOR THE CATEGORY TWO OF ANY C INFOR TION CONTAINED IN THIS FORM. rxaGl w ft--r:fJ (Printed or Typed Legal Name of Mfiant) 17 S orida of County of Miami-Dade 1~ day of -Wh \ . 2009 by Not Sea. Q~~I'o.:.~/J8(0 V.DIAZ "'~... MY COMMISSION # DO 452813 * * EXPIRES: July 20, 2009 "'-;, Ii',">'" BondedThru Budget Notary Services S"OFf\..O Notary's Name Printed, Stamped or Typed Personally Known: -/ or Produced Identification Identification Produced 21 - EXHIBIT "B" 19 NON-COUUSIVE AFFIDA VIT State of Florida) County of Miami-Dade) 13'YM fJelfzvV and says that: being ftrst duly sworn, deposes (1) He/she is the (Owner, Partner, Officer, Representative or Agent) of the Bidder that has submitted the attached Bid; (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said bidder nor any of its offtcers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, ftrm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to ftx the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Sunny Isles Beach, Florida, or any person interested in the proposed Work; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives owners, employees or parties in interest, including this Afftant. SIG . ~yaLl M-eU-cif I -=W-es.i de vt"T (Printed or Typed Legal Name of Affiant) 20 State of Florida of County of Miami-Dade 1-tt., Sworn to and subscribed before me this day of J1pril , 2009 by ,~~Y PIJ~ .f' .,.....It- V.DIAZ .. o/A"bil . MY COMMISSION # DO 452813 ~~~ EXPIRES: July 20, 2009 .. 'i. OF F'O~~ Bonded Thru Budget Notary Services Notary's Name Printed, Stamped or Typed V or Produced Identification Personally Known: Identification Produced 18