2001-24312 RESO
~
RESOLUTION NO. 2001-24312
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
QUALIFICATIONS RECEIVED IN RESPONSE TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 111/99-00, TO PROVIDE PROGRAM
MANAGEMENT SERVICES TO MANAGE CONSTRUCTION PROJECTS
FOR FACILITIES AND PARKS; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE
MOST QUALIFIED FIRM OF URS CORPORATION; AND
AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE
SECOND MOST QUALIFIED FIRM, AS DETERMINED BY THE CITY
MANAGER, SHOULD THE ADMINISTRATION NOT BE ABLE TO
SUCCESSFULLY NEGOTIATE A CONTRACT WITH URS
CORPORATION.
WHEREAS, on November 2,1999, the City of Miami Beach voters approved the issuance
of a $92 MiJlion General Obligation (GO) Bond for Neighborhood, Parks and Beaches, and Fire
Safety Improvements; and
WHEREAS, on May 8, 2000, the Finance and Citywide Projects Committee reviewed the
issue of retaining a program management firm for public right-of-way, and facilities and parks
projects, and recommended that the City issue a Request for Qualifications (RFQ) from firms with
experience and capability as program managers; and
WHEREAS, on June 28, 2000, the Mayor and City Commission adopted Resolution No.
2000-23979, which authorized the issuance of a RFQ from qualified firms with the experience and
capability to provide professional program management services for facilities and parks projects
for the City; and
WHEREAS, RFQ No. 111-99/00 was issued on June 29, 2000, with a deadline for receipt
of responses of July 28, 2000; and
WHEREAS, on July 28, 2000, proposals were received from the following firms:
A' Group, Inc.
URS/O'Brien Kreitzberg
PBS & J and SpiJIis Candela DMJM
Megan Construction Company
Babcock-Bell Development, Inc.
Parsons Brinckerhoff Construction Services, Inc.
The Corradino Group; and
WHEREAS, Letter to Commission (LTC) No. 166-2000, dated August 22, 2000,
established an Evaluation Committee to evaluate qualifications; and
WHEREAS, on October 20, 2000, the Evaluation Committee convened, and all members
were briefed on several aspects of the RFQ requirements and the City's policies and procedures
relative to Conflicts of Interest, the Cone of Silence, and the Govemment in the Sunshine Law;
and
WHEREAS, the Committee convened and listened to oral presentations from all the firms,
and conducted a question and answer session after each presentation; and
WHEREAS, the Committee ranked URS as the top firm, based on the firm's experience
and size, the qualifications of the project team, and the project manager, Larry Neal; and
WHEREAS, the City Manager was briefed on the Committee's recommendation, as well
as other names relative to the RFP election process; and
WHEREAS, the City Manager independently reviewed and familiarized himself with the
video taped proceedings; URS' proposal; A2 Group's proposal; all pertinent letters; reference
checks on both URS and A2 Group; and the Committee's recommendation; and
WHEREAS, the City Manager after careful consideration and based on the facts presented
to him, recommended A2 Group, Inc., as the most qualified firm to provide program management
services for facilities and parks construction projects; and
WHEREAS, at the City Commission meeting of March 28, 2001, the Mayor and City
Commission heard further presentations from URS Corporation and A2 Group, and selected URS
Corporation; and
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accepts the qualifications received in response to Request for Qualifications
(RFQ) No. 111/99-00, to provide Program Management Services to Manage Construction Projects
for Facilities and Parks; authorize the Administration to enter into negotiations with the most
qualified firm of URS Corporation; and authorizing the administration to negotiate with the
second most qualified firm, as determined by the City Manager, should the Administration not be
able to successfully negotiate a contract with URS Corporation.
PASSED and ADOPTED this 28th day of March 2001.
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ATTEST:
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APPROVED AI 10
FORM a LANGuAGI
a FOR EXECUTION
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ATIACHMENT A
Parks & Facilities Projects
Program Management
Project Name Scope of work Total $
12th Street Garage Construction of additions and alterations, elevator 638,000
rehabilitation to Visitors Parking at 12th Street and Drexel
Avenue.
13th Street Garage Renovate Parking Garage at 1301 Collins Avenue including 749,027
renovation of elevators, office area, ticket dispensing, painting
and new lighting. Work includes demolition.
Altos del Mar Park G.o. Bond funding for expansion into Altos del Mar to convert 2,900,000
11 contiguous lots into a passive park Restoration of two
historic buildings.
Bay Shore Golf Demolition and complete renovation and restoration of the 8,786,708
Course Bayshore Golf Course, including but not limited to new tees,
greens, fairways, driving ranges, water features, irrigation,
cart paths, /andscapinJ!, siJl>>aJ!e, and drainaJ!e.
Bayshore Complete renovation and restoration of the Bayshore Golf 2,323,000
Clubhouse Course Clubhouse.
Botanical Renovations to building, grounds, and conservatory, with ADA 1,500,000
GardenlThe Garden compliant upgrades.
Center
Collins Park General park improvements, walkways, fUrniture, fountain, 1,800,000
landscaping, lighting.
Fairway Park Selective demolition, renovation of the existing recreation 1,236,873
building, landscaping, irrigation, site fUrnishings, and
signage.
Fire Station #4 Restoration and renovation of historic building, including new 2,141,680
apparatus, bays and living quarters.
Flamingo Park & New pool complex with an interactive tot lot play pool and 8 5,654,165
Pool swimming pool. Renovate all tennis courts, sports fields and
court lighting, tot lot, landscape, and signage. G. O. Bond
components include: perimeter fencing, security lighting,
football andfields renovations, new bleachers, completion of
tennis court improvements, court lighting, new shade pavilion,
and irrif!ation.
Lummus Park Renov. of Restrooms, and serpentine path, new playground 1,100,000
equipment, landscape, and irrigation. G.O Bond adds
additional landscaping and widening of the sidewalks on the
east side of Ocean Drive.
Normandy Isle Park Renovate pool andfields, new recreation center, new multi-
& Pool urpose sport court, tot lot, security and sport lighting,
landscaping, and irrigation. G.o. bond components includes
erimeter icket encin and additional securi li htin .
Normandy Shores Restoration of Clubhouse to reflect it's original design.
Clubhouse
Normandy Shores
Golf Course
North Shore Open
Space Park
North Shore Park
and Youth Center
Regional Library
South Pointe Park
Public Works
Facility
Scott Rakow
Demolition and complete renovation and restoration of the
Normandy Shores Golf Course, including but not limited to
new tees, greens, fairways, driving ranges, irrigation, cart
aths, landsca in , and si na e.
New Recreation Center, renovate restrooms, lighting,
landscape, and irrigation .funded by other sources. G.o.
Bond components include expanded recreation center,
additional beach plantings, security lighting" and fencing.
Altos del Mar ex ansion listed se aratel .
New Youth Center, new tennis courts and tennis center,
concession/restroom building, new ballfields, lighting,
landscape & irrigation, accessible playground. GO Bond
components include baseball field lighting, perimeter
aluminum icket encin .
New 42.000 Sq.ft. Library building with two surface parking
lots. Project includes demolition of existing library building.
Redesign of park entrance, new recreation building, selected
landscaping, restroom facilities, irrigation, reconfiguration of
arking lot, dune modifications, park.furnishings, signage,
edestrian avin and securi li htin
Public Works Yard renovation includes upgrades to a 20,000
sq. ft. facility, 5000 sq. ft. expansion, ADA compliance, access
road, environmental mediation. paving, drainage, lighting,
arking and fueling facility for City vehicles.
Construction of new ice skating rink, building renovations,
locker room renovations, landscaping, irrigation, interior
mishes, air conditionin , electrical, and li htin .
2.788,865
1,176.910
3,290,553
2,400,000
7,279,967
7,757,291
5,200,000
2,861,000
3,605,650
GRAND TOTAL 565,189,689
ATTACHMENT A
REFERENCE CHECK FORM
company:
Contact:
Initials:
Title:
Date:
Address:
City:
state:
Zip:
Phone:
Fax:
Emall:
Project Name:
Project End Date:
DOllar Volume:
project Manager:
Project Description:
Aatlnas Table
lease review how each rating number matches with the value of services before conducting the ratings.
10 Exceeded our highest expectations/an extraordinary performance
9 Excellent. truly superior in every category
8 very Good. better than most
7 Good. a solid performance
& Acceptable performance
5 Acceptable. but with some minor complaints
4 Barely acceptable. at least one major complaint in a key area
:s Poor - many complaints in many areas or categories
2 very poor performance. many problems and mistakes in many key areas
1 Worst - the worst we have ever worked with
It is CRITICAL that you ask how the firm could improve on a score of 7 or below/l/l/I Even more
important for questions 1-3111/1
Efficiency & FlexibilitY
I. Meeting the project budget 01 02 03 04 05 06 07 08 09 010
2. Meeting the program schedule 01 02 03 04 05 06 07 08 09 010
3. Value for the dollars spent 01 02 03 04 05 06 07 08 09 010
4. Commitment to do whatever it takes 01 02 03 04 05 06 07 08 09 010
5. Good and timely decision making capability 01 02 03 04 05 06 07 08 09 010
6. Finished project quality 01 02 03 04 05 06 07 08 09 010
Technical Exoertise & Creativity
7. Value engineering process results 01 02 03 04 05 06 07 08 09 010
8. Expediting system 01 02 03 04 05 06 07 08 09 010
9. Zero defect/quality program 01 02 03 04 05 06 07 08 09 010
10. Staffed with capable/skilled personnel 01 02 03 04 05 06 07 08 09 010
II. Skilled field supervisors 01 02 03 04 05 06 07 08 09 010
12. Computer skills (CAD/communication) 01 02 03 04 05 06 07 08 09 010
ATTACHMENT B
URS REFERENCE CHECKS
Project ................................... Forest Park Master Program
Project Description................ Rehab park infrastructure
Client..................................... City of St. Louis
Contact .................................. Joseph Kuss, P.E., President, Board of Public Service
Meetinl! the prol!1'am schedule:
"They need to focus on having better attention to detail and project coordination. "
Staffed with caoable/skilled personnel:
"Some people were good, some bad. Better project coordination is needed. "
Ability to listen/communications skills: "They need to just listen. "
What are their specific weaknesses?
"They kept changing PMs. Thefirst was Kevin Campbell who commutedfrom Chicago and when
the work was too much they switched to Ken Rogers. And now the current project manager is
Shawn DeVoy.
Project:
Project Description:
Client:
Contact:
Metro NY, Reconstruction Project
Street Tree Program
NYC Department of Parks
Karen Mawney, Director of Consultants
Commitment to do whatever it takes. and Good & Timelv decision makinl! capability:
"I would rate them a 5." Note: The rating table is from 3 to 10, with 3 being the worst and 10
being the best. Specifically, a rating of 5 is defined as Acceptable - but with some minor
complaints.
Proiect cost svstem - cost estimatinl!. reportinl! promptness. completeness. and usefulness:
"I would rate them a 4." Note: This is the worst rating ever provided by any reference on any
City project. A rating of 4 is defined as Barely acceptable - at least one major complaint in a key
area. II
What are their specific weaknesses? "Their constant rotation of staff."
Project Description................ Design of Key Stone Seawall
Client..................................... City of North Miami
Contact .................................. Jack Strain, Assistant Public Works Engineer
Proiect cost svstem - cost estimatinl!. reoortinl! promptness. completeness and usefulness:
"A five." Note: a rating of 5 is defined as Acceptable - but with some minor complaints.
ATTACHMENTC
Rating Analysis
Page 1 of2
CM Rating
A2 Group, Inc.
PO Box 43-2310
South Miami, FL 33143
Contact: Alberto Ribas
Title:
Phone: (305) 668-8939
Fax: (305) 668-9454
EMail:
Rating Values
10 Exceeded our highest expectations/an extraordinary performance
9 Excellent. Truly superior in every category
8 Very Good . Better than most
7 Good. A solid performance
6 Acceptable performance
5 Acceptable. Some minor complaints
4 Barely acceptable. At least one major complaint in a key area
3 Poor. Many complaints in many areas or categories
2 Very Poor Performance. Many problems and mistakes in key areas
1 Worst. The worst we have ever worked with
Question Average Low High Answer % Score 7 or
Score Score Score Count more
Efficiency & Flexibility
l.Meeting The Project Budget 9.5 8 10 4 100%
2.Meeting The Program Schedule 9.2 8 10 4 100%
3.Value For Dollars Spent 9.2 8 10 4 100%
4.Commitment To Do Whatever It Takes 9.2 8 10 5 100%
5.Good And Timely Decision Making 8.6 7 10 5 100%
Capability
6.Finished Project Quality 9.4 8 10 5 100%
Technical Expertise & Creativity
7.Value Engineering Process Results 9 8 10 4 100%
8.Expediting System 9 9 9 3 100%
9.Zero Defect/Quality Program 9 8 10 4 100%
10.Staffed With Capable Skilled Personnel 9.5 9 10 4 100%
http://www.ratingsource.com/Ratings/rptRatAnly.asp -1 r;rAClfll1e~r'
2/6/01
Rating Analysis
Page 2 of2
11.Skilled Field Supervisors 10 10 10 2 100%
12.Computer Skills (CAD/Communication) 9.8 9 10 4 100%
Communication &. Interpersonal Skills
13.Coordinating Team Members 9.3 8 10 3 100%
14.Ability To Listen/Communication Skill 9 8 10 S 100%
1S.0wner Training Process - 8.8 8 10 S 100%
Thoroug h ness/Ti meli ness
16.Construction Site 10 10 10 2 100%
Clea nliness/Orderli ness
Responsibility &. Management Record
17.Pre-Construction Cost Estimating 9.3 8 10 3 100%
18.Pre-Construction Management Control 9.3 8 10 3 100%
System
19. Pre-Construction Scheduling 9 8 10 4 100%
20.Project Cost System 9.2 9 10 4 100%
21.Safety Program And Record 9 9 9 2 100%
22.C1aims - Reasonableness And Timeliness 10 10 10 2 100%
23.C1ose Out Process 10 10 10 2 100%
24.Follow-Up After Completion 8.7 8 9 3 100%
Totals for All Questions
Cumulative Score I 9.2 7 I 10 I 86 I 100%
D &. B Ratings:
Bank Reference:
Bonding Lines:
Liability Insurance Deductible: 0
http://www.ratingsource.com/Ratings/rptRatAnly .asp
A-177lC/I;Plt?A/ 7" /)
2/6/01
A' GROUP'S REFERENCE CHECKS
Orange Blossom Trail Multi-Lane Reconstruction project estimated at $26.5 million. All
ratings were 8 or greater. "Excellent knowledge of Program Management. "
Randall Grief
City of Orlando
American Airlines Arena. All ratings were 8 or greater. "Their staff was very responsive and
responsible. "
Jesus Vazquez
Autobracht Construction
Lake Eola Park. Revitalization of Lake Eeola Park project estimated at $4.5 million. "They
really get into the detail of the vision of the owner, and listen to the owners input. I would
highly recommend them to the City of Miami Beach. "
- David Metzker, P.E.
Project Engineer
Miami-Dade Public Works. An overall rating of9.8. The services ranged from full
administration of construction contracts, inspection, technical assistance, claims analysis,
estimating and CPM scheduling. "Very responsible and knowledgeable."
Eduardo A. Vega, P.E.
Miami-Dade County
Murray Grant Professional Engineers. Town of Golden Beach and Palmetto Phoenix Division
1 and II projects. "Did a very goodjob and all projects were on time. All paper work was in
order. Good staff. "
- Murray Grant, P.E.
Murray Grant Professional Engineers
ATTACHMENT D
Water, Wastewater and Stormwater
o Miami-Dade Public Works Department, Countywide construction management services of
paving, drainage, lighting, concrete sitework and signalization projects, Miami, Florida.
Construction Budget $25,000,000.
o Miami-Dade Water & Sewer Department (MDW ASD), Pump Station No. 66, Engineering
Design, Miami, Florida. Construction Budget $305,000.
o MDWASD, Palmetto Phoenix Farms Contract No. S-337B, Sanitary Sewer Improvement
Project, Section B, Division I, Miami, Florida. Construction Budget $1,457,154.
o MDWASD, Palmetto Phoenix Farms Contract No. S-337B, Sanitary Sewer Improvement
Project, Section B, Division II, Miami, Florida. Construction Budget $1,403,884.
o MDW ASD, Town of Golden Beach, Contract No. S-345, Sanitary Sewer System, Miami,
Florida. Construction Budget $2,684,402.
o MDW ASD, Contract No. W-764
Land Preparation for Customer Service Building, Southwest Well fields, Miami, Florida.
Construction Budget: $769,669.
o MDWASD,ContractNo. W-721
Upgrade Sludge Pump Station No.3
Alexander Orr, Jr. Water Treatment Plant, Miami, Florida. Construction Budget:
$1,267,000.
o MDWASD,ContractNo. W-715
Back-Up Power Station
Southwest Well fields, Miami, Florida
Construction Budget: $2,743,600.
o MDW ASD, Contract No. S-595
Miscellaneous Improvements Project
South Dade Wastewater Treatment Plant, Miami, Florida. Construction Budget: $924,000.
o MDW ASD, Contract S-488
Odor Control Facility
Central Dade Wastewater Treatment Plant, Miami, Florida. Construction Budget
$2,952,000.
ATTACHMENTE
Landscape & Irrigation
o Loew's Hotel, Inc, Construction management services on the renovation of the St. Moritz
Hotel, Miami Beach, Florida. Construction Budget $7,100,000.
o The Mall at 163'd Street, Irrigation design and construction, North Miami, Florida.
Construction Budget $150,000.
o North Shore Medical Center, Landscape and irrigation, Miami, Florida. Construction
Budget $325,000.
o Fontainebleau Hilton, Landscape, irrigation and rockscape, Miami Beach, Florida.
o Cortelis Company, The Falls Shopping Center, Landscape and irrigation, Miami, Florida.
o F.D.O.T., Right-of-Way beautification on 1-275 from Tampa Bay to CR-690, St.
Petersburg, Florida. Construction Budget $1,104,400.
o F.D.O.T., Right-of-Way beautification, wetlands reclamation and new utilities on relocated
U.S. 1 at the entrance ofFt. Laud. International Airport. Construction Budget $2,978,880.
o Walt Disney World, Pleasure Island, Sitework, streetscape and irrigation, Construction
Budget $375,000.
o Marriott Corporation, Marriott Orlando World Center, Environmental, golf course, water
mains and utilities, Orlando, Florida. Construction Budget $3,102,000.
o City of Orlando, Pine Street and Church Street Streetscape, Orlando, Florida. Construction
Budget $1,100,000.
o City of Orlando, Lake Eola Park, 3.5 acre park in downtown Orlando, Florida.
Construction Budget $4,500,000.
o F.D.O.T., Roadway widening and relocation, utility improvements and streetscape on
Orange Blossom Trail, Orlando, Florida. Construction Budget $26,375,112.
ATTACHMENTF
Commercial & Assembly
o American Airlines Arena
Home of the NBA' s Miami Heat
Miami, Florida. Construction Budget $160,000,000.
o The Vincam Group, Inc.
Construction ofVincam Office Building, Miami, Florida. Construction Budget $4,500,000.
o Loews Hotel, Inc
Renovation (historical) of St. Moritz Hotel, Miami Beach, Florida. Construction Budget
$7, I 00,000.
o Wyndham Old San Juan Hotel & Casino, San Juan, Puerto Rico. Construction Budget
$28,500,000.
o Commercial (including two Olympic sized) swimming pools design (civil, structural and
mechanical), construction and renovation, Miami, Florida. Construction Budget $
1,250,000.
ATTACHMENT G
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Team Concept
~ Conflict with existing or f1Jture
CMB Design Services
. Previous Working Experience
. Creative Planning. Design & Proven
Management Services
. Personalized Service
. Dedicated Local Staff
. Cost Effective Services
Qualifications
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. Knowledge of the design. pennitting
and construction process
. Hends on design & construction
experience, $ 2.5 Billion
. Technical expertise in
computerized systems
. Licensed and certified
professionals
Arr4CIV'1e'/V/ 1/
Licenses
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. State of Florida
- Professional Engineer
- Landscape Architect
- General Contractor
- Underground and Utility Contractor
. American Institulll of Certified Planners
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Local Knowledge
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. First Hand Knowledge of CMB
ordinances and State Codes,
. Knowledge of Subsurface Soils,
Groundwater levels and
Seasonal Weather Conditions,
. Excellent Relationship with Local
Design Professionals,
Contractors & Suppliers,
. Knowledge of Local Economic
Conditions,
Relevant Team Projects
A.~
. Lake Eola Par1<,
- $4.5 mil (Phase I)
- 52.5 mil (Phase II)
Relevant Team Projects
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. Multi-Lane ReconstructiOn on Orange Blossom
Trail.
- $28.5 mil
Relevant Team Projects
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Streetscapes at Churcl1 and Pine Streets,
- $3.5 Mil
Relevant Projects
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. Miam~Dade Public Worl<s Department.
- S4S Millton StonnwaterUtlltty Fee Bond Program
- $147 Million Quality NeighbOrhood Initietlve Progl'8rn
Miami-Dade Water & Sewer
Department. ..,.. -. -,
- $2 Billion SiX-Year
Rehabilitation Program
- $25 MUlion Pump Station
MCC Program
Relevant Projects
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SI. Moritz Hotel.
- Historical Preservation
- Renovation
-ADA
. American Air1ines Arena.
- Practice Court
Relevant Projects
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The Savoy on South Beach,
- Historical Preservation
- Renovation
-ADA
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Coral Sands,
- Renovation
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Relevant Projects
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Par1<ing Garages
- Roney PalaCe.
- LYNX Centroplex Garage
- The Coltection
- MDWASO Administration
Facility & Garage
Relevant Projects
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Goff Course/Clubhouse
- TlfT1icuan Country Club
- Marth CraM Country Club
- DtIney InStitute & Buena
VISta Golf Course
- $awgraSl Clubhouse
- MOW:; Golf eou...
- Woodland Hills Country
Club
- Patrick Air Force Base
Relevant Projects
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. Cambier Pari<
Citywide Parl<s Master Plan
Escambia County
Comprehensive Parks and
Recreation Master Plan
Escambia County Model
Spans Center
Cranes Roost Pari<
Deleon Springs Bulkhead
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. Caloosahatchee Regional Pari<
Dickson Azalea Pari<
. Donnelly Pari<
. Guest Road Pari<
. Lee County Regional Pari<
R, E. OIds Pari<
. Riverside Pari<
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Scheduling
Bidding
Reviewing Construction Bids
Preparing Monthly Cash Draw Projections
MonKoring Monthly Construction-Related
Expenditures
. Coordinating Between Construction Projacts
Miami Beach Projects
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Miami Beach Parks
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. Flamingo Park
. Lummus Park
. North Shore Park & Youth
Center
North Shore Open Space
Park
South Points Park
Scott Rakow Youth Center
Miami Beach Golf Courses
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. Bay Shore GoW Course
. Bay Shore Clubhouse
. Nonnancly Shores GoW Course
. Nonnandy Shores Clubhouse
Miami Beach Buildings
Fire Stations #2 & #4
ElecIro Wave Shullle
Public Works Facility
10th Street Auditorium
Parks Maintenance Yard
. ADA City-wide Renovations
12th & 13th SI Parking Garages
Shoreline/Seawall Rehabilitation
Project Controls
Scheduling - Pnmevera
Project Plenner
Document - ExpedWon
- RFI. Minutes
- Submittals
Cost - Budget
- Payment Application
- Change Order
- Claims
Periodic Reports
Executive Summary
Scheduling Narrative
- Schedule Update
- Recovery Schedule
- Trend Analysis
Budget Summary
- Commitments
Cost Summary
-Expenditures
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- Soil Report
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Phasing
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Quality Assurance
Pay Request ICost Reporting
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Document Control
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Owner Personnel Training
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. warranty Inspections
Final Report and Narrative
ContracrorPartOnnance
Review
Program Coordination
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. Excellent Relationship
with Hazen & Sawyer
Mutual Scheduler
- Masler Program
Schedule
- Phasing
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. \ <6 3-0 L
Mayor Neisen O. Kasdin and DATE: March 28, 2001
Members of the City Commission
Jorge M. Gonzalez j ~ v~~
City Manager ( 'l'" D
A RESOLUTION 0 THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE
QUALIFICATIONS RECEIVED IN RESPONSE TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 111199-00, TO PROVIDE PROGRAM
MANAGEMENT SERVICES TO MANAGE CONSTRUCTION PROJECTS
FOR FACILITIES AND PARKS; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE
MOST QUALIFIED FIRM OF A2 GROUP, INC.; AND AUTHORIZING
THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND MOST
QUALIFIED FIRM AS DETERMINED BY THE CITY MANAGER,
SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY
NEGOTIATE A CONTRACT WITH A2 GROUP, INC.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
On February 21, 2001, the Administration recommended to the City Commission that the Mayor
and City Commission accept the recommendation of the City Manager, and authorize the
Administration to enter into negotiations with the most qualified firm of N Group, Inc. The City
Commission deferred Agenda Item R 7B until their March 14, 200 I Commission meeting.
On March 14,2001, the City Commission deferred Agenda Item R7A to the Commission meeting
of March 28, 2001.
AGENDA ITEM fZ-l ~
DATE '3 - L~ -OJ
RFQ No. 111-99/00
Page Three
March 28, 2001
COMMITTEE MEETING:
On October 20, 2000 at 10:00 a.m. in the City Manager's Large Conference, the Evaluation
Committee convened, and all members, with the exception of Ms. Rolandelli, were in attendance.
The Committee was briefed on several aspects of the RFQ requirements and the City's policies
and procedures relative to Conflicts of Interest, and the Cone of Silence. All Committee members
completed a disclosure questionnaire and certified that their answers were true and correct to the
best of their knowledge and belief. Additionally, the Committee was briefed on the Government
in the Sunshine Law relative to the prohibition of Committee members meeting and/or discussing
any aspect of the RFQ outside a duly noticed public meeting.
After much deliberation, the Committee agreed to allocate points to each of the following
evaluation criteria of award:
Firm's Experience in Program Management ........................ 25
Project Manager's Experience ..............................................20
Previous Similar Projects ...................................................... 15
Qualifications of Project Team ............................................. 20
References Provided by Prior Project Owners...................... 20
Additionally, the Committee agreed to the following:
. All members would adhere to the City's Cone of Silence requirements;
. All firms would be invited to give an oral presentation that would focus on the experience
and qualifications of the project team, specifically the Project Manager's experience, the
methodology and approach, staffing, and examples of similar projects; and
. That an independent firm would be asked to conduct reference checks on each firm by
randomly selecting at least 4 of the firms' references.
URS' Request to add Giller & Giller and Rosen & Switkes:
On November 15, 2000, the Administration received a letter from URS/O'Brien Krietzberg
("URS") that requested to add the firms of Giller & Giller, and Rosen & Switkes to their project
team. Since all qualification packages had been submitted, the Administration and the City
Attorney's Office agreed that URS' request should be denied. URS was advised of the
Administration's decision, and decided to withdraw their (URS) request.
Corradino's withdrawal:
On November 27, 2000, The Corradino Group requested via letter dated November 27, 2000, to be
withdrawn from consideration since they are the design and construction administrators on three
parks projects (i.e. Flamingo, Normandy, and Scott Rakow) that would be managed by the firm
that is selected as the Program Manager. The RFQ clearly informed all firms that no qualifYing
firm will be permitted to supervise or administer a project on which they are the designer,
consuUantor sub-consuUant
RFQ No. 111-99/00
Page Four
March 28, 2001
PRESENTATIONS:
As detennined by the Committee, the format and duration of each presentation would consist of a
30-minute oral presentation, followed by a 30-minute question and answer session. Presentations
were scheduled for November 27 and 28, 2000, as follows:
Date: November 27, 2000
Place: Commission Chambers
Times:
8:45 a.m..................... Babcock-Bell Development
9:45 a.m..................... PBS & J
10:45 a.m................... Parsons Brinckerhoff
11:45 a.m................... Megan Construction
Date: November 28, 2000
Place: Commission Chambers
Times:
8:45 a.m..................... URS/O'Brien Kreitzberg
9:45 a.m..................... The Corradino Group
10:45 a.m................... N Group, Inc.
11:45 a.m................... Deliberations (Review of Reference Checks and Ranking of Firms)
On both November 27 and 28, 2000, the Evaluation Committee convened with the following
individuals in attendance:
Marty Hyman ............ GO Bond Oversight Committee
Floyd Jordan.............. Fire Chief
Ricardo Mendez ........ Assistant Public Works Director
Kevin Smith .............. Parks and Recreation Director
Leonard Wein, Jr. ...... GO Bond Oversight Committee Floyd Jordan
Gus Lopez ....,............ Procurement Director (NON-VOTING)
All presentations and the Committee's deliberation were video taped by the City Clerk's Office.
DELIBERATIONS:
At the end of the last presentation and question and answer session, the Committee proceeded to
deliberate. Prior to the start of deliberations, the Committee was provided with the results of
reference checks that were conducted by an independent firm, Rating Source.
RFQ No. 111-99/00
Page Five
March 28, 2001
Deliberations Continued
Each reference check consisted of a questionnaire that was utilized to contact the references of
each firm, with emphasis on the following general areas:
. Efficiency & Flexibility
. Technical Expertise & Creativity
. Communication & Interpersonal Skills
. Responsibility & Management Record
The Rating Source reference check form that was utilized is attached (see Attachment B).
URS References:
The Procurement Director presented the results of the reference checks to the Committee, and for
the most part the references were positive on each firm, with the exception of some projects that
were managed by URS/O'Brien Kreitzberg. Several of the references checked by Rating Source
indicated that URS kept changing project managers and/or constantly rotated their staff.
Additionally, other references provided a less than acceptable rating (i.e. 6 or lower) on URS in the
following key areas:
. Commitment to do whatever it takes;
. Good & timely decision making capability;
. Expediting system;
. Zero defect/quality program;
. Staffed with capable/skilled personnel;
. Coordinating team members;
. Pre-construction scheduling; and
. Project cost system (Le. cost estimating, reporting promptness, completeness and usefulness).
The results ofURS reference checks are attached (see Attachment C).
A' Grou>>'s References:
The Rating Source rating analysis shows that N received a score of 7 or higher on 100% of all the
key areas! (see Attachment D). A2 Group's references as well the Project Manager's (Alberto
Ribas) references as reported by Rating Source were found to be excellent. The references
checked by Rating Source indicated that N Group's strengths includes their excellent knowledge
of program management, and their staff's responsiveness to the clients' needs.
RFQ No. 111-99/00
Page Six
March 28,2001
A' Group's References Continued
Furthermore, Rating Source also provided a rating report on Mr. Ribas, project manager's
references. According to John Pelka of Rating Source, via e-mail dated February 12,2001;
"Gus, here is the report on Alberto Ribas. I spoke to our researcher and she said
that he got great scores from everyone (as you will see). He is a strong leader and
really knows his stuff. The rating by Murray Grant is the same for each of the three
projects but it is only listed once. Let me know what else you need.
The summary rating report on Mr. Ribas is attached (see Attachment D). The report shows
cumulative scores ranging from 9.3 to 10.0, which according to Rating Source's ratings table are
considered Very good - better than most to Exceeded our highest expectations/an extraordinary
performance, specifically in the following key areas:
. Value for dollars spent
. Meeting and beating budgets and schedules
. Commitment to success
. Cost estimating accuracy
. Design compatibility to the construction process
. Change order timelines/processing/prevention
. Problem-solving skills
. Computer skills (CAD/communication)
. Likeability /Easy to get along with
. Relationship with all team members
. Accessibility to all promised players
. Communicating specification requirements
. Responsiveness to issues and clarifications
. Listening and translating customer needs
. Trustworthiness
. Maturity - effectiveness under pressure
. Monitoring punch list
. Final inspection process
. Commissioning the finished project
. Close out process
. Post project follow-up
RFQ No. 111-99/00
Page Seven
March 28, 2001
Committee's Rankin2:
The Committee believed that URS was the top ranked firm based on the firm's experience and
size, the qualifications of the project team, and the project manager, Larry Neal. The Committee
also made positive comments about A2 Group and its project manager, Alberto Ribas. It should be
noted that 20% of the evaluation criteria is based on the project manager specifically, and another
20% is based on the project team including the project manager. The firms were ranked as follows:
Top Ranked ................................ URS/O'Brien Krietzberg
Second ........................................ A2 Group
Third........................................... Parsons Brinckerhoff
Fourth ......................................... Babcock-Bell Development
Fifth ........................................... PBS & J
Sixth ........................................... Megan Construction
All firms that participated in the process were provided notice of the Committee's
recommendation.
A' GroDD's Protests Committee's Rankin2:
On December 4, 2000, N pursuant to the Public Records Act (Florida Statutes 119), requested the
following information:
. Proposal submitted by URS;
. Presentation handouts;
. Reference evaluation forms;
. Selection scoring forms of the Committee members; and
. Videotape of presentations and deliberations.
In a letter dated December 8, 2000, Mr. Alberto Ribas, President of A2 Group, Inc., asserted that
the URS response was non-responsive due to a material deviation to the RFQ requirements,
specifically Section III.B., which states:
"List all projects during the past five (5) years, describe the scope of the project in
physical terms and by cost, describe the scope of the respondent's responsibilities,
and provide the name and contact telephone number of an individual in a position
of responsibility who can attest to respondent's activities in relation to the project,
provide the name(s) of the person, or persons within your organization who was
most actively concerned with managing each project. "
"Submittals that do not respond completely to all requirements will be considered
non-responsive and eliminatedfrom the process. "
RFQ No. 111-99/00
Page Eight
March 28, 2001
PROTEST CONTINUED
The specific project that Mr. Ribas claimed that was omitted by URS was the United Airlines New
Cargo Facility at Miami International Airport. The Procurement Division requested and obtained a
copy of a pamphlet entitled "Breaking New Ground", which listed all the firms that participated in
the United Airlines project. The pamphlet not only showed URS but also N as being part of this
project.
URS was contacted to determine if in fact they had provided us with all their projects during the
past five years, and if the United Airlines project was inadvertently omitted from their response.
URS responded that "they are a large, multinational corporation, and have been engaged in tens
of thousands of projects over the last five years. In response to the RFQ, URS listed several
hundred projects, and had also provided a detailed description of at least 10 similar projects. "
The Procurement Director contacted Pete Dial, Manager of Facilities Engineering and
Construction for United Airlines. Mr. Dial was asked ifURS/O'Brien Krietzberg had participated
in the United Airlines project. He replied that originally he had requested that URS send ten
individuals for various positions. And of the ten individuals that were sent by URS, only three
were deemed to be qualified. He did experience problems with URS' initial staff that kept
changing, but that he is currently satisfied with their current project managers.
The Procurement Director met with First Assistant City Attorney Raul Aguila, and provided him
with a copy of N Group's letter, and URS' position as stated above. Mr. Aguila advised staff that
from a legal standpoint, URS' response was not a material deviation, and the proposal was legally
defensive should the City Commission elect to waive the irregularity and proceed with the
selection ofURS.
The City Manager was briefed on the Committee's recommendation, and the aforementioned
issues relative to A2 Group's protest, URS' position, and City Attorney's office's opinion. The
Manager then requested and was provided with a copy of the video taped proceedings, URS'
proposal, N Group's proposal, all pertinent letters, and the Committee's ratings.
The City Manager thoroughly reviewed the following records: (I) the proposals submitted by N
and URS; (2) the results ofthe reference checks; (3) the video taped proceedings; (4) A2's protest
letter; and (5) URS response to A2's arguments.
On February 5, 2001, the City Manager met with the Procurement Director and First Assistant City
Attorney Raul Aguila, and expressed his desire to obtain additional information in regards to the
project managers for each firm: Alberto Ribas of A2, and Larry Neal ofURS.
On February 5, 2001, the Procurement Director requested from both A2 and URS, a listing of
projects managed by Alberto Ribas and Larry Neal, respectively.
On February 6, 2001, A2 forwarded via facsimile, a listing of numerous projects that were
managed by Alberto Ribas. The Procurement Director contacted the independent firm of Rating
Source, to conduct the reference checks on Mr. Ribas.
RFQ No. 111-99/00
Page Nine
March 28, 2001
PROTEST CONTINUED
On February 8, 2001, URS forwarded via facsimile, a listing of several projects that were managed
by Larry Neal. However, there were no points of contact neither names nor phone numbers. The
Procurement Director requested from URS, the names and phone numbers of their references.
On February 9, 2001, URS' Attorney, Daniel Thompson, informed Raul Aguila that Larry Neal
was no longer employed by URS. Mr. Aguila informed Mr. Thompson that, should URS wish to
notify the City of same, pursuant to the Cone of Silence Ordinance, written notification to the
Procurement Director, with copies to City Clerk, would be appropriate.
URS' Proiect Manal!:er:
On February 12, 2001, URS advised via letter dated February 12, 2001, that Larry Neal
discontinued his employment with URS on December 22, 2000. Mr. Neal had informed URS of
his resignation on December 6, 2000, which was after both their written response and oral
presentation.
City Manal!:er's Decision:
After careful consideration and based on the facts presented, the City Manager is recommending
that the City Commission approve his selection of N Group, Inc., as the most qualified firm to
provide program management services for facilities and parks construction projects. This
decision is based on the following: '
A' Group's Team Experience in Similar Proiects: N Group, Inc. CA') is a Florida-based
engineering and construction management organization. N in conjunction with Herbert Halback,
Inc., have extensive experience providing services on major facilities and parks projects. This
team has the capabilities that are crucial to our projects including program management expertise,
engineering design, landscape design, land planning, infrastructure construction, building
construction, scheduling and logistics experience, knowledge of site conditions, and local policies
and procedures.
A' offers diversified construction management and engineering services nationwide. These
services include the following: program management, construction management, civil engineering
design, CPM scheduling, claim avoidance and resolution, construction expert witness and
employee training. The company clients are primarily public sector agencies. A' and its staffhave
been involved with projects having construction budgets totaling over $1.3 billion, which were
complete on time, budget and met their clients' expectations.
Over the past 20 years, Herbert Halback has provided a broad scope of design and management
services to the public and private sectors. Award-winning design throughout the Southeast for
urban redevelopment, healthcare, govemmental, transportation, hospitality, parks and recreation,
commercial and residential development has brought the firm national recognition. Projects with
construction budgets totaling over $325 million have consistently been completed on time and
within budget.
RFQ No. 111-99/00
Page Ten
March 28, 2001
Proiect Manal!:er's Experience
The program manager for this assignment will be Alberto G. Ribas, P.E., who is the President of
N Group. Mr. Ribas is licensed by the State of Florida as a Professional Engineer, General
Contractor and Underground Utility and Excavation Contractor. With over twenty years of
experience, Mr. Ribas has the pre-requisite hands-on project management and contract
administration knowledge. Throughout his career, Mr. Ribas' has been involved with projects
having construction budgets exceeding $1.3 billion.
Collectively, the N Team is uniquely qualified to oversee the program management of the
construction projects for the City of Miami Beach's facilities and parks.
Mr. Ribas has experience with the following Miami Beach projects:
. Loew's Hotel, Inc. Construction management services on the renovation of the St. Moritz
Hotel, Miami Beach, Florida. Construction Budget $7,100,000.
. Fontainebleau Hilton, Landscape, irrigation and rockscape, Miami Beach, Florida.
. The Savoy on South Beach. Historical Preservation; Renovation; and ADA.
. Coral Sands. Renovation; and ADA.
. Roney Palace. Parking Garages.
Additionally, Mr. Ribas and members of his project team have managed the following facilities
and parks related projects:
. Lake Eola Park. Construction Budget $4.5 M (Phase I) and $2.5 M (Phase II)
. Multi-Lane Reconstruction on Orange Blossom Trail. Construction Budget $26.5 M.
. Streetscapes at Church and Pine Streets. Construction Budget $3.5 M.
. Miami-Dade Public Works Department. $45 M Stonnwater Utility Fee Bond Program and
$147 M Quality Neighborhood Initiative Program
. Miami-Dade Water & Sewer Department. $2 Billion Six-Year Rehabilitation Program
$25 Million Pump Station MCC Program
. American Airlines Arena -- Practice Court
. Parking Garages:
Roney Palace
LYNX Centroplex Garage
The Collection
MDW ASD Administration Facility & Garage
. Golf Courses/Clubhouses: Timicuan Country Club; Marsh Creek Country Club; Disney
Institute & Buena Vista Golf Course; Sawgrass Clubhouse; MOWC Golf Course; Woodland
Hills Country Club; and Patrick Air Force Base
. Cambier Park
. Escambia County Comprehensive Parks and Recreation Master Plan; and Escambia County
Model Sports Center
. Cranes Roost Park; DeLeon Springs Bulkhead; Cambier Park; and
. Escambia County Comprehensive Parks and Recreation Master Plan
RFQ No. 111-99/00
Page Eleven
March 28, 2001
Project Manager's Experience Continued
In the area of water, wastewater and stormwater, Mr. Ribas has been involved in the construction
and construction management of projects having a cumulative construction budget exceeding $368
million. The scope of these construction projects includes water mains, sanitary sewers, force
mains, pumping stations, expansion and renovations of existing facility at wastewater and water
treatment plants, storm sewers (French drains and wells) and concrete sitework. The specific list of
projects is attached (see Attachment E).
In the area of Landscape & Irrigation, Mr. Ribas' experience includes over $ 15 million dollars of
landscape and irrigation projects. The scope of those projects include streetscapes, rockscapes,
hardscapes, river revitalizations, wetlands mitigation and reclamation, parks, golf courses, sports
complexes, landscape and irrigation. The specific list of projects is attached (see Attachment F).
In the area of Commercial & Assembly, Mr. Ribas has been involved with commercial building
and assembly projects with construction budget exceeding $238 million. The scopes on these
projects include demolition, new construction, renovation, ADA compliance, elevator renovations,
electrical and mechanical upgrades, swimming pools, historic preservation and restorations. The
specific list of projects is attached (see Attachment G).
City Manager's Recommendation:
Time is of the essence. We have several parks and facilities projects that require professional
program management services immediately, with many other facilities and parks projects
scheduled for bidding.
Based on all the information presented herein, and A' Group's material submitted (see Attachment
H), I recommend that the Mayor and Commission approve the selection of A2 Group, Inc., as the
most qualified firm to provide program management services to manage construction projects for
facilities and parks; authorize the Administration to enter into negotiations with the most qualified
firm of A2 Group, Inc.; and authorize the Administration to negotiate with the second most
qualified firm as determined by the city manager, should the administration not be able to
successfully negotiate a contract with A2 Group, Inc.
JMG:MDS:~
AN AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND URS CORPORATION
FOR THE PERFORMANCE OF
INTERIM PROGRAM MANAGEMENT SERVICES TO MANAGE CONSTRUCTION
PROJECTS FOR FACILITIES AND PARKS WITHIN THE CITY
THIS AGREEMENT made and entered into this ~3...,1.. day of Op' ~ ,2001
by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City),
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 and
URS CORPORATION (hereinafter referred to as Consultant), whose address is Eastern
Financial Building, Suite 1000,700 Poinciana Boulevard, Miami Springs, Florida 33166.
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and Consultant.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Consultant:
For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee ofthe City.
Services:
All services, work and actions by the Consultant performed pursuant to or
undertaken under this Agreement, as described in Section 2.
Project:
Management of construction projects for facilities and parks within the
City of Miami Beach.
Fixed Fee:
Fixed amount paid to the Consultant to cover the costs of the Services.
Termination:
Termination of Consultant Services as provided in Subsection 4.9 of this
Agreement.
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)0)
SECTION 2
SCOPE OF WORK
The scope of work to be performed by Consultant is set forth in Schedule "A," entitled" Scope
of Services" (Services).
SECTION 3
COMPENSATION
3.1 :EE.E.
Consultant shall be compensated on a time and material basis for initiation of the
Services identified in Schedule "A", pursuant to the rate set forth in Schedule "B" attached
hereto. Total fees and expenses for this Agreement are not to exceed Twenty Five Thousand and
00/100 Dollars ($25,000).
3.2 INVOICE FORMAT AND PROCEDURE
Consultant shall propose an invoicing procedure and format that are acceptable to the
City thereby facilitating invoice payments by the City.
3,3 METHOD OF PAYMENT
Payments shall be made within thirty (30) days of the date of invoice received by the
City.
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1+<"
SECTION 4
GENERAL PROVISIONS
With respect to the performance of the Services, Consultant shall do the following:
4.1 RESPONSIBILITY OF THE CONSULTANT
4.1.1 Consultant shall exercise that degree of skilL care, efficiency and diligence normally
exercised by recognized professionals with respect to the performance of comparable Services.
4.1.2 The City shall rely on the Consultant to keep the stakeholders informed at all times and
to resolve day-to-day challenges resulting from the Project's implementation, without requiring
the City's attention or intervention.
4.1.3 In its performance ofthe Services, Consultant shall comply with all applicable laws and
ordinances, including but not limited to, applicable regulations of the City, County, State, Federal
Government, ADA, EEO Regulations and Guidelines,
4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287. 133(3)(a) Florida
Statute on Public Entity Crimes shall be filed with the Procurement Division.
4.3 PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to serve as
Project Manager for the Services who shall be fully responsible for the day-to-day activities
under this Agreement and who shall serve as the primary contact for the City's Project Manager.
4.4 DURATION AND EXTENT OF AGREEMENT
The term of this Agreement shall be for a period of sixty (60) days from the date of
execution of this Agreement or upon the City's approval and the parties' execution upon that
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.
A-
certain Agreement between the City and Consultant for Program Management Services to
Manage Construction Projects for Facilities and Parks within the City, pursuant to Request for
Qualifications (RFQ) No. 102-99/00, whichever is earlier.
4.5 OWNERSHIP OF DOCUMENTS AND EOUIPMENT
All documents prepared by the Consultant pursuant to this Agreement are related
exclusively to the Services described herein, and are intended or represented for ownership by the
City. Any reuse by Consultant or the parties shall be approved in writing by the City.
Notwithstanding the foregoing, the City agrees that Consultant may use such non-confidential
documents prepared pursuant to this Agreement for the exclusive purpose of Consultant's
promotional materials.
4.6 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees and agents, from and against any and all actions, claims, liabilities, losses,
and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be
alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the
Consultant, its employees, agents, sub-consultants, or any other person or entity acting under
Consultant's control, in connection with the Consultant's performance of the Services pursuant to
this Agreement; and to that extent, the Consultant shall pay all such claims and losses and shall
pay all such costs and judgements which may issue from any lawsuit arising from such claims
and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals.
The Consultant's obligation under this Subsection shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and against any
actions or claims which arise or are alleged to have arisen from negligent acts or omissions or
other wrongful conduct of the City and its officers, employees and agents. The parties each agree
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JJr-
to give the other party prompt notice of any claim coming to its knowledge that in any way
directly or indirectly affects the other party,
4.7 INSURANCE REOUlREMENTS
The Consultant shall not commence any work pursuant to this Agreement until all
insurance required under this Subsection has been obtained and such insurance has been
approved by the City's Risk Manager. The Consultant shall maintain and carry in full force
during the term of this Agreement and throughout the duration of the work the following
insurance:
1. Professional General Liability in the amount of $1,000,000,00, naming
the City as an additional insured. A certified copy of the Consultant's (and
any sub-consultants') Insurance Certificate must be filed and approved by
the Risk Manager prior to commencement.
2. Workers Compensation & Employers Liability as required pursuant to
Florida statute.
Thirty (30) days written notice of cancellation or substantial modification in the insurance
coverage must be given to the City's Risk Manager by the Consultant and its insurance company.
The insurance must be furnished by insurance companies authorized to do business in the State
of Florida and approved by the City's Risk Manager. Certificates of insurance for the above
coverage must be submitted to the City's Risk Manager for approval prior to any work
commencing. These certificates will be kept on file in the office ofthe Risk Manager. 3rd Floor.
City Hall. The Consultant is responsible for obtaining and submitting all insurance certificates
for their consultants.
All insurance policies must be issued by companies authorized to do business under the
laws of the State of Florida. The companies must be rated no less than "8+" as to management
-5-
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Subsection or under any other portion of this Agreement,
and the City shall have the right to obtain from the Consultant specimen copies ofthe insurance
policies in the event that submitted certificates of insurance are inadequate to ascertain
compliance with required overage.
4.8.1 ENDORSEMENTS
All of Consultant's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy.
4.8.2 CERTIFICATES
Unless directed by the City otherwise, the Consultant shall not commence the Services
until the City has received and approved, in writing, certificates of insurance showing that the
requirements of this Subsection (in its entirety) have been met and provided for.
4.9 TERMINATION. SUSPENSION AND SANCTIONS
4.9.1 Termination for Cause
If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the
covenants, agreements, or stipulations material to this Agreement, the City shall thereupon have
the right to terminate the Services then remaining to be performed. Prior to exercising its option
to terminate for cause, the City shall notify the Consultant of its violation of the particular terms
of this Agreement and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after (10) days, the City, upon seven (7) days notice to Consultant, may
terminate this Agreement and the City shall be fully discharged from any and all liabilities, duties
and terms arising out of/or by virtue of this Agreement.
In that event, all finished and unfinished documents, data, studies, surveys, drawings,
A-
maps, models, photographs, reports and other work products prepared by the Consultant and its
subcontractors shall be properly assembled and delivered to the City at the Consultant's sole cost
and expense. Consultant shall be paid for any Services satisfactorily performed up to the date of
termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Consultant. The City, at
its sole option and discretion, shall additionally be entitled to bring any and all legal/equitable
actions which it deems to be in its best interest in order to enforce the City's right and remedies
against the defaulting party, The City shall be entitled to recover all costs of such actions,
including reasonable attorneys fees. To the extent allowed by law, the defaulting party waives its
right to jury trial and its right to bring permissive counter claims against the City in any such
action.
4.9.2 Termination for Convenience of City
the City may, for its convenience and without cause, terminate the Services then
remaining to be performed at any time during the term hereof by giving written notice to
Consultant of such termination, which shall become effective seven (7) days following receipt of
the Consultant ofthe written termination notice. In that event, all finished or unfinished
documents and other materials, as described in Section 2 and in Exhibit "A" shall be properly
assembled and delivered to the City at Consultant's sole cost and expense. If the Agreement is
terminated by the City as provided in this Subsection, Consultant shall be paid for any Services
satisfactorily performed up to the date of termination,
4.9.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be performed in
the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for the parties
shall be the same as provided for in Section 4.9.2.
4.9.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination provisions of
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this Agreement, the City shall impose such sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to, withholding of payments to the
Consultant under the Agreement until the Consultant complies and/or cancellation, termination
or suspension of the Services. In the event the City cancels or terminates the Services pursuant to
this Subsection the rights and obligations of the parties shall be the same as provided in Section
4.9.2.
4.9.5 Changes and Additions
Changes and additions to the Agreement shall be directed by a written amendment signed
by the duly authorized representatives of the City and Consultant. Said amendment shall provide
an equitable adjustment in the time of performance, and, if applicable, in compensation to
Consultant, a reallocation of the task budget and, if applicable, any provision of this Agreement
which is affected by said amendment. The City shall not reimburse the Consultant for the cost of
preparing Agreement change documents, written Notices to Proceed, or other documentation in
this regard.
4.10 AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City may deem necessary,
there shall be made available to the City and/or such representatives as the City may deem to act
on its behalf, to audit, examine and make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to all matters covered by
this Agreement. Consultant shall maintain any and all records necessary to document
compliance with the provisions of this Agreement.
4.11 ACCESS TO RECORDS
Consultant agrees to allow access during normal business hours to all financial records to
the City and/or such authorized representatives as it may deem to act on its behalf, and agrees to
provide such assistance as may be necessary to facilitate financial audit by the City or its
representatives when deemed necessary to insure compliance with applicable accounting and
financial standards. Consultant shall allow access during normal business hours to all other
records, forms, files, and documents which have been generated in performance of this
Agreement, to those personnel as may be designated by the City.
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4.12 ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Consultant shall not subcontract, assign, or transfer any work under this Agreement
without the prior written consent of the City.
4.13 SUB-CONSULT ANTS
The Consultant shall be liable for the Consultant's services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-consultants, and any
other person or entity acting under the direction or controls of the Consultant. When the term
"Consultant" is used in this Agreement, it shall be deemed to include any sub-consultants and any
other person or entity acting under the direction or control of Consultant. All sub-consultants
must be approved in writing prior to their engagement by Consultant.
4.14 EOUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicant for employment because of race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation.
The Consultant shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, color, religion,
ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of
pay, or other forms of compensation; and selection for training, including apprenticeship.
4.15 CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan Dade County
Conflict ofInterest Ordinance (No. 72-82), as amended; and by the City of Miami Beach Charter
and Code, which are incorporated by reference herein as if fully set forth herein, in connection
with the Agreement conditions hereunder.
The Consultant covenants that it presently has no interest and shall not acquire any
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interest, direct or indirectly which should conflict in any manner or degree with the performance
of the Services. The Consultant further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Consultant. No member of
or delegate to the Congress of the United States shall be admitted to any share or part of this
Agreement or to any benefits arising therefrom.
4.16 PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, design
specifications, processes, data and findings, shall be made available to the City for public use.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of the
Consultant or its employees or subcontractors.
4.17 NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager appointed by Consultant and the Project Manager designated by the City, The
Consultant's Project Manager and the Cityts Project Manager shall be designated promptly upon
commencement of the Services.
All other notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives ofthe Consultant and the City listed below or may be
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the
city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
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.NL--
TO CONSULT ANT:
URS Corporation
Michael J. Nardone, P.G., Vice President
Eastern Financial Building, Suite 1000
700 Poinciana Boulevard
Miami Springs, Florida 33166.
Telephone: (305) 884-8900
Fax: (305) 884-2665
TO CITY:
City of Miami Beach
Attn: City Clerk
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Telephone: (305) 673-7411
Fax: (305) 673-7254
WITH COPIES TO:
Office ofthe City Attorney
Attn: Murray H. Dubbin
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notices hereunder shall be effective:
If delivered personally, on delivery; if mailed to an address in the city of dispatch,
on the day following the date mailed; and if mailed to an address outside the city
of dispatch on the seventh day following the date mailed.
4.18 LITIGATION JURISDlCTIONNENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein exclusive venue for the enforcement of same shall lie in Dade County, Florida.
4.19 ENTIRETY OF AGREEMENT
This writing and the Services embody the entire Agreement and understanding between
the parties hereto, and there are no other agreements and understandings, oral or written with
reference to the subject matter hereof that are not merged herein and superseded hereby. The
Services and the Proposal Documents are hereby incorporated by reference into this Agreement.
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cf'-
No alteration, change, or modification of the terms of this Agreement shall be valid
unless amended in writing, signed by both parties hereto, and approved by the City Commission
of the City of Miami Beach,
This Agreement, shall be governed by and construed according to the laws of the State of
Florida.
4.20 LIMIT AnON OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by the
City of this Agreement, so that its liability for any such breach never exceeds the sum of $1 0,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an
amount in excess of $1 0,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be
a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida
Statutes.
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~
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
Y8RCITY.
CITY OF MIAMI BEACH, FLORIDA
ATTEST.
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FOR CONSULTANT:
By:
d~~,~
URS CORPORATION
ATTEST:
~
~ \1.0\
);Vb.f'oJ A.. '"Po u:.b
URS CORPORA nON
BY:~~ /'
Vice President
fY\.dAcf NM-Je.r-lc Y.IO.O\
F\WOIUCISALL\DIXC\CONTRACliURSWPD
APf>ROVED AS TO
FORM & LAJJGIJAGE
& fOR :;){ECUTtON
~~~ <fIrJ~/
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SCHEDULE" A"
SCOPE OF SERVICES
The Projects: Scott Rakow Youth Center; Flamingo Park Pool Facility; Normandy Isle Park and
Pool Facility; North Shore Park and Youth Center, Bayshore Golf Course (collectively - the
Projects).
. Authorize and monitor the work of architectural and engineering consultants and
contractors engaged in the design and construction of the projects,
. Development, planning, consultant selection, design management, inspection and
warranty administration.
. Assist, advise the City Administration and City staff on issues related to the Projects.
. Advise City's architectural and engineering consultants working on the Projects, on all
aspects of planning for the Project design, construction feasibility, and value engineering.
. Review and approve on behalf of the City, the contractors' proposed construction
schedules, staging and/or phasing plans as necessary.
. Review and approve on behalf of the City, the architects and engineers Project cost
estimates.
. Investigate comparative construction systems, cost analysis, value engineering studies and
suggest alternative products, methods, and approaches to ensure the cost effectiveness of
the Projects.
. Keep and update a parallel Project and/or construction schedule in order to independently
monitor project progress as well as project spending.
. Work with the Architectural and engineering consultants to establish the required date for
all phases of the Projects programs.
. Review and analyze together with the architects and engineers, bidders schedule of values
and qualifications at bid opening.
. Participate and conduct as needed weekly Project and construction meetings.
. Provide full construction management services including inspection, and monitoring of
the Projects during the construction phase. Full- time inspection services offorty (40)
hours per week to be provided on projects under construction.
. Establish procedures for coordination with the architects and engineers with respect to all
aspects of the Projects.
~
. Make reccomendations on effective programs related to safety, prepare progress reports
and minutes of meetings as deemed necessary during construction.
. Review, approve and process payments to architects, engineers, and contractors,
. Prepare and submit to the City, a weekly report on the general site conditions and the
progress of the work being performed by the contractors and sub-contractors.
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Classification
1.
2.
3.
4.
5.
6.
7.
8.
Project Director
Project Manager
Senior Engineer/Architect
Engineer/Architect
Staff Engineer
Designer
Drafter
Clerical
SCHEDULE "B"
URS Corporation
Hourly Billing Rate
Hourly Billing Rate
$145.00
$120.00
$103.00
$87.00
$70.00
$73.00
$52.00
$40.00
N
PRODUCER
CERTIFICATE NUMBER
SEA-00040S404-02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Marsh Risk & Insurance Services
CA License No, 04371 S3
One California Street
San Francisco, CA 94111
0078 -DAMES-SOOOO-
COMPANY
A NATIONAL UNION FIRE INS, CO, OF PITTSBURGH, PA
COMPANIES AFFORDING COVERAGE
COMPANY
B AMERICAN MANUFACTURERS MUTUAL INSURANCE CO,
INSURED
URS CORPORATION - SOUTHERN
Eastern Financial Credit Union Building
700 S, Royal Poinciana Blvd" Ste, 1000
Miami Spron9s, FL 94111
COMPANY
C AMERICAN INTERNATIONAL SPECIALTY LINES INS, CO,
"", ll,m "lIDL. , ' . . , ,~+ ,!,!J1. ~'~~""'-'"
, ',,__,:J!I!i@! "f.,~~" ~.l! ~!l ,J, ",J~ ..~\!" ',,!".!!}jiil!!E!P\1i'MAl!!lJiIr~,..
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT YVlTH RESPECT TO INHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS
A
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ~ OCCUR
OWNER'S & CONTRACTOR'S PROT
GL933-091S
04101/01
POLICY EFFECTIVE POLICY EXPIRATION
DATE jMMIDDIYYI DATE (MMIDDNYI
GENERAL AGGREGATE
co
LT>
TYPE OF INSURANCE
POLICY NUMBER
BEST RATING: A+ XV
B
B
B
B
B
100000 SIR
AUTOMOBILE LIABILITY
X ANY AUTO
ALL O'-""'lEO AUTOS
SCHEDULED AUTOS
FSY00639S-00 AOS
FSYOOS39S-00 HI
F5Y006397-00 VA
F5YOOS398-00 TX
X3P084803-00 MASS
04/01/01
04/01/01
04/01/01
04/01/01
04/01/01
X
X
HIRED AUTOS
NON-OWIIEO AUTOS
GARAGE L1ABIUTY
ANY AUTO
EXCESS LIABILITY
A
A
A
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
W RK RS COMPENSATION AND
EMPLOYERS' LIABILITY
01/01/01
01/01/01
01/01/01
708-4426 CA
708-4425 AOS
708-4427 NV & WI
THE PROPRIETOR! X INCL
PARTNERS~XECUT~
OFFICERS ARE: EXCL
PROFESSIONAL
LIABILITY(E&O)
CLAIMS MADE FORM
476-3090
04101/01
C
04/01/02
04/01/02
04/01/02
04/01/02
04/01/02
04/01/02
01/01/02
01101102
01/01102
04/0 1/02
LIMITS
$
PRODUCTS. COMP/OP AGG $
$
$
$
$
$
2,000,000
2,000,000
1,000,000
1,000,000
1,000,000
5,000
1,000,000
PERSONAL & AOV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Anyone fire)
MEO EXP
one
.on
COMBINED SINGLE LIMIT
BODILY INJURY
(Per person)
$
BODILY INJURY
(Peraccldent)
$
PROPERTY DAMAGE $
AUTO ONLY - EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EACH OCCURRENCE $
AGGREGATE $
$
X
EL DISEASE-POLICY LIMIT
EL DISEASE-EACH EMPLOYEE
EACH CLAIM
AGGREGATE
$1,000,000
$1,000,000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPEClAL.ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
RE, PROGRAM MANAGEMENT PARKS & FACILITIES CITY OF MIAMI BEACH
CONTRACT NO,: 102 99/00
SHOULD ANY OF THE POLICIES DESCRIBEO HEREIN BE CANCEu..ED BEFORE THE eXPIRATION DATE THEREOF.
THE INSURER AFFORCING COVERAGE WILL ENOEAVOR TO MAll -3..D DAYS 'NFI1l'TEN NOTICE TO TKE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
CITY OF MIAMI BEACH
ATTN: CITY CLERK - CLIFF LEONARD
1700 CONVENTION CENTER DR,
4TH FLOOR
MIAMI BEACH, FL 33139
UABIUTY OF ANY KINO UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES.
MARSH USA INC.
SY; Leslie Cotton
C<5- ,... &...=..