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LTC 235-2017 Impasse in final agreement negotiations between the City's administration and Bermello Ajamil and Partners, Inc. for the Architectural and Engineering Design Services for Maurice Gibb Memorial Park.MIA/v\ BEACH OFFICE OF THE CITY MANAGER LTC # 235-2017 TO: Mayor Philip Levine and Members . the City FROM: Jimmy L. Morales, City Manager DATE: May 2, 2017 LETTER TO COMMISSION SUBJECT: Impasse in final agreement negotiions between the City's administration and Bermello Ajamil and Partners, Inc. for the Architectural and Engineering Design Services for Maurice Gibb Memorial Park. The purpose of this LTC is to update the Mayor and City Commission on the status of final agreement negotiations between the City and Bermello Ajamil and Partners, Inc. for the Architectural and Engineering Design Services to the Maurice Gibb Memorial Park, pursuant to Resolution Number 2016-29538. On May 11, 2016, the City Commission approved to issue the Request for. Qualifications (RFQ) No. 2016 -138 -KB for Architectural and Engineering Design Services to the Maurice Gibb Memorial Park. On May 18, 2016, the RFQ was issued. A voluntary pre -proposal conference to provide information to the proposers submitting a response was held on May 24, 2016. RFQ responses were due and received on June 21, 2016. The City received a total of five (5) proposals. Proposals in response to our RFQ were received from the following firms: • Bermello Ajamil & Partners, Inc. • Coastal Systems International, Inc. • EDSA, Inc. • Miller Legg • TBG Partners The Evaluation Committee convened on July 7, 2016 to consider proposals received. The Committee was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The committee was also provided with general information on the scope of services and a copy of each proposal received. Instructions to score and rank each proposal, pursuant to the evaluation criteria established in the RFQ were also provided. The evaluation process resulted in three (3) top ranked firms consisting of Bermello Ajamil and Partners, Inc., Coastal Systems Internal, Inc., and TBG Partners with a three-way tie between the three (3) firms resulting from the scoring for Volume of Work awarded by the City within the last three years. After reviewing all the submissions and the results of the evaluation process, the City Manager recommended that the Mayor and City Commission approve the resolution authorizing the Administration to enter into negotiations with Bermello Ajamil and Partners, Inc., as the top qualified proposer, followed by Coastal Systems international, Inc., as second most qualified firm and TGB Partners, as third most qualified firm. On September 14, 2016, the Mayor and City Commission, through the adoption of Resolution No. 2016-29538, accepted the City Manager's recommendation pertaining to the ranking of the proposals, pursuant to Request for Qualifications (RFQ) No. 2016 -138 -KB for Architectural and Engineering Design Services to the Maurice Gibb Memorial Park, and further authorized the Administration to enter into negotiations with Bermello Ajamil & Partners, Inc., as the top ranked proposer; and should the administration be unsuccessful in negotiating an agreement with Bermello Ajamil & Partners, Inc., authorized the Administration to enter into negotiations with Coastal Systems International, Inc., as the second highest ranked proposer; and further should Administration not be successful in negotiating an agreement with Coastal Systems International, Inc., authorize the Administration to enter into negotiations with TBG Partners, as the third highest ranked proposer; and further authorized the Mayor and City Clerk to execute an agreement, upon conclusion of successful negotiations by the Administration. Accordingly and as directed, Administration negotiated in good faith with Bermello Ajamil & Partners, Inc. After several attempted rounds of negotiations to bring the proposed cost of the project reasonably in line with other City projects similar in scope and magnitude, Bermello Ajamil & Partners, Inc. provided, on February 15, 2016, its best and final proposal reflecting its total design fees for the project. The City has determined that proposed fees continue to be higher than recent fees experienced or negotiated by the City for projects of similar scope, magnitude and effort. Consequently, a negotiation impasse has been declared and communicated to Bermello Ajamil & Partners, Inc. by the Administration. Following the unsuccessful negotiations with Bermello Ajamil & Partners, Inc., Administration will commence negotiations with Coastal Systems International, Inc., as the second highest ranked proposer, pursuant to Resolution No. 2016-29538 Should you have any questions, please contact David Martinez at 305-673-7071. JLM/If(% D/D