Loading...
2000-23920 RESO RESOLUTION NO. 2000-23920 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FROM QUALIFIED FIRMS WITH EXPERIENCE AND CAPABILITY TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES FOR CAPITAL RIGHT-OF-WAY INFRASTRUCTURE PROJECTS FOR THE CITY. WHEREAS, the City is desirous of constructing capital projects for the City in an efficient manner; and WHEREAS, the City has issued bonds, and has plans to issue additional bonds, to provide funding for a number of needed capital projects to be constructed in various areas of the City to upgrade and improve the infrastructure for the purpose of providing better service for the residents; and WHEREAS, at its May 8, 2000 meeting, the Finance and Citywide Projects Committee voted to direct the Administration to bring a Request for Qualifications (RFQ) to the Mayor and City Commission to hire a Program/Construction Manager to coordinate the City's capital projects; and WHEREAS, the Administration recommends that the Mayor and City Commission authorize the issuance of an RFQ for the purpose of obtaining responses from firms with the capability and experience to manage capital projects for the City on a contract basis. NOW, THEREFORE, BE IT RESOL VED BY THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the issuance of a Request for Qualifications (RFQ) from firms with the experience and capability to provide professional program management services for capital right-of-way infrastructure projects for the City. PASSED AND ADOPTED THIS 24th day of May ,2000. 1r! ATTEST: ~LUJ Pcv.dU/l CITY CLERK F:IWORK\$ALLICAHIPROGMNGT.RES MA YOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTtON ~*-~ CITY OF MIAMI BEACH RFQ NO. 102 - 99/00 REQUEST FOR QUALIFICATIONS FOR PROGRAM MANAGEMENT SERVICES RESPONSES ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN 07/19/2000 at 3:00 p.m. CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 PHONE: (305) 673-7490 FAX: (305) 673-7851 RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 1 TABLE OF CONTENTS Pa2e I. OVERVIEW AND QUALIFICATION PROCEDURES 3 II. SCOPE OF SERVICES 8 III. QUALIFICA TION STATEMENT FORMAT 10 IV. EV ALUA TION/SELECTION PROCESS; CRITERIA FOR EV ALUA TION 12 V. GENERAL PROVISIONS 14 VI. SPECIAL TERMS AND CONDITIONS 16 VII. ATTACHMENTS 17 VIII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 18 RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 2 CITY OF MIAMI BEACH Request For Qualifications (RFQ) NO. 102 - 99/00 Sealed proposals will be received by the City of Miami Beach Procurement Director, 1700 Convention Center Drive, Miami Beach, Florida, 33139, until 3:00 p.m. on July 19, 2000 for: PROGRAM MANAGEMENT SERVICES At time, date, and place above, proposals will be publicly opened. Any proposal received after time and date specified will be returned to the proposer unopened. A Pre-Proposal Conference is scheduled for June 22,2000. Contact the Procurement Department for the time and location.. Proposal documents may be obtained upon request from the Procurement Division, telephone number (305) 673-7490, Bid Clerk. You are hereby advised that this RFQ is subject to the "Cone of Silence," in accordance with Ordinance 99-3164. This Ordinance requires that from the time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff. The ordinance does not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications in writing at any time with any City employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. CITY OF MIAMI BEACH Gus Lopez Procurement Director RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 3 SECTION I - REOUEST FOR OUALIFICA TIONS OVERVIEW AND RESPONSE PROCEDURES: A. INTRODUCTION/BACKGROUND The City of Miami Beach consists of approximately seven (7) square miles of area, with a population approaching 100,000 persons. The City has undergone a major revitalization of the activities of the private sector in the past two decades. The City now plans to undertake an extensive program of capital improvements and municipal infrastructure replacement over the next seven (7) years, funded through the issuance of a combination of revenue and general obligation bonds, added to the City's on-going capital improvement projects funded through General Fund, Redevelopment Agency, Federal CDBG, Grants and other funding sources. The total scope of these capital improvements will approach $500 Million during this period. The City wishes to manage this massive spending program effectively, and is therefore seeking several experienced and qualified professional firms to assist with the coordination and administration of components of this program. This Request for Qualifications is being issued to obtain qualifications of professional firms with the capability and experience to manage City-funded construction projects within the public right-of- way. The types of projects which may require these services includes: water distribution and sewage collection systems, pumping stations, force mains, storm drainage systems, including injection wells and disposal outfalls, street grading, pavement milling, paving, curb and gutter installation, striping, sidewalks, pavers, irrigation systems, landscaping, recreation facilities, building construction and renovation, and other construction activities as specified by the City. The scope and duration of an individual project may range from 60 days to multiple years, however the full capital development program is expected to require from five to seven years. Other similar RFQ's are expected to be issued later for firms to assist with Parks programs and Facilities construction. B. RFQ TIMETABLE The anticipated schedule for this RFQ and contract approval is as follows: RFQ issued Deadline for receipt of questions 06/01/2000 07/10/2000 Pre-Qualification Conference Deadline for receipt of responses 06/22/2000 07/19/2000 at 3:00 p.m. Evaluation/Selection process Week of 07/31/2000 Projected award date 09113/2000 Projected contract start date 10/01/2000 RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 4 C. QUALIFICA TION STATEMENT SUBMISSION An original and ten copies of complete responses must be received by 07/19/2000 at 3:00 p.m., and will be opened on that day at that time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside, the respondent's name, address, telephone number, RFQ number, title, and due date. The responsibility for submitting a response to this RFQ to the Procurement Division on or before the stated time and date will be solely and strictly that of the respondent. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the RFQ due date and time are late and will not be considered. D. PRE-QUALIFICA TION CONFERENCE. Will be held on June 22, 2000. Contact the City Procurement Department for the time and location. E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFQ is the Procurement Director at (305) 673-7490. Respondents are advised that from the date of release of this RFQ until award of the contract, no contact with City personnel related to this RFQ is permitted, except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the respondent's submittal. Requests for additional information or clarifications must be made in writing to the Procurement Director no later than the date specified in the RFQ timetable. Facsimiles will be accepted at (305) 673-7851. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFQ. Respondents should not rely on representations, statements, or explanations other than those made in this RFQ or in any addendum to this RFQ. Respondents are required to acknowledge the number of addenda received as part of their responses. The respondent should verify with the Procurement Division prior to submitting a response that all addenda have been received. F. RESPONSE GUARANTY (Enter information - may be % of contract, specific $ amount, or none required) RFQ NO.: 102.99/00 DA TE: DA TE CITY OF MIAMI BEACH 5 G. MODIFICA TIONIWITHDRA W ALS OF SUBMITTALS A respondent may submit a modified response to replace all or any portion of a previously submitted response up until the RFQ due date and time. Modifications received after the RFQ due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFQ due date or after the expiration of one-hundred twenty days from the opening of responses. Letters of withdrawal received after the RFQ due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. H. RFQ POSTPONEMENT/CANCELLA TION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ or in the responses received as a result of this RFQ. I. COST INCURRED BY RESPONDENTS All expenses involved with the preparation and submission of responses to the City, or any work performed in connection therewith, shall be the sole responsibility of the respondent(s) and not be reimbursed by the City. J. VENDOR APPLICATION Prospective respondents should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. The successful respondent(s) must register prior to award; failure to register will result in the rejection of their response. Potential respondents may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00. The following documents are required: 1. Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License It is the responsibility of the vendor to inform the City concerning any changes, such as new address, telephone number, commodities or services which can be provided. RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 6 K. EXCEPTIONS TO RFQ Respondents must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the respondent to furnish the services originally described herein, or negotiate an alternative acceptable to the City. L. SUNSHINE LAW Respondents are hereby notified that all information submitted as part of a response to this RFQ will be available for public inspection after opening of responses, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". M. NEGOTIA TIONS The City may award a contract on the basis of initial offers received, without discussion, or may require respondents to give oral presentations based on their submittals. The City reserves the right to enter into negotiations with a selected respondent, and if the City and the selected respondent cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected respondent. This process may continue until a contract has been executed or all responses have been rejected. No respondent shall have any rights in the subject project or property or against the City arising from such negotiations. N. PROTEST PROCEDURE Respondents that are not selected may protest any recommendations for award by sending a formal protest letter to the Procurement Director, which letter must be received no later than 5 calendar days after award by the City Commission. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after 5 calendar days from contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been wai ved by the protester. O. RULES; REGULATIONS; LICENSING REQUIREMENTS Respondents are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all other EEO regulations and guidelines. Ignorance on the part of the respondent will in no way relieve it from responsibility for compliance. RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 7 P. DEFAULT Failure or refusal of a respondent to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the respondent from the City's vendor list. Q. CONFLICT OF INTEREST All respondents must disclose with their response the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all respondents must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the respondent or any of its affiliates. R. RESPONDENT'S RESPONSIBILITY Before submitting a response, each respondent shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful respondent from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the respondent. S. RELA TION OF CITY It is the intent of the parties hereto that the successful respondent be legally considered as an independent contractor and that neither the respondent nor the respondent's employees and agents shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 8 RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 9 SECTION II - SCOPE OF SERVICES The City announces that professional Program Management and/or Construction Administration services will be required from qualified firms. The services required will include, but may not necessarily be limited to the following: overall program management services, including the administration and management of the overall capital spending program, including all the underground and streetscape projects planned to be completed for the City. The selected firm will be responsible for working in cooperation with officials of the City and with the City's consulting engineers and/or architects to supervise and administer the construction of assigned projects, and will be responsible for overall program management. The firm will advise the City on the most effective way to implement the overall program. The selected firm, in coordination with City staff, will coordinate the design, preparation of construction documents, bidding and establishment of construction schedules. They will review construction bids, prepare monthly cash draw projections, monitor monthly construction-related expenditures and provide coordination between active construction projects in the same or adjacent areas. The selected firm will assist with the overall coordination of the City's programs with the Florida Department of Transportation (FDOT), Miami-Dade County Traffic and Public Works Departments, and with private developers. The Program/Construction Manager will also assist in the development and implementation of the financial program for each bond issue. The Program/Construction Manager will assist the City in regard to public information and public meetings which may be required in relation to assigned construction projects. The Program/Construction Manager will provide overall coordination and management, including, but not limited to the following: advising as to the most effective method of contracting for the work, whether to use conventional "Low-Bid" procurement, or "Design-Build", or "Construction Manager-at-Risk", or a combination of these; the firm will also develop work plans, schedules and budgets, coordinate project design, procurement, contract negotiation and contract administration, visit the jobsites regularly to monitor construction progress, provide value engineering throughout the project, review, monitor and approve payment requisitions from the contractor and consultant, monitor project funding, prepare financial projections as required, provide bimonthly progress reports and status information on the assigned project(s) to City officials, attend and address meetings with City officials, neighborhood groups, and private citizens concerning the project, respond to questions and concerns about the project at City Commission meetings, prepare Commission Memoranda, review plans and specifications, review and approve Requests for Change Orders, maintain files of all documentation and correspondence relating to the project in an orderly system which will be submitted to the City upon completion of the project. The firm will ensure compliance by all contractors with safety and affirmative action policies, review and monitor traffic plans and safeguard existing facilities during construction. RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 10 Responsibilities will also include: full time or part time on-site supervision, scheduling, cost benefit studies/analysis of materials substitution (value engineering), information management, document control, construction contract management, claims avoidance/analysis, special inspections including all major construction trades, insuring handicapped accessibility, develop work plans, schedule and budget for assigned projects, coordinate project design, procurement, assist with contract negotiation and contract administration, visit the jobsite to monitor construction progress, review, monitor and approve payment requisitions from the contractor and consultant, monitor project funding, prepare financial projections as required, provide bimonthly progress reports and status information on the assigned project(s) to City officials, attend and address meetings with City officials, neighborhood groups, and private citizens concerning the project, respond to questions and concerns about the project at City Commission meetings, prepare Commission Memoranda, review plans and specifications, review and approve Requests for Change Orders, maintain files of all documentation and correspondence relating to the project in an orderly system which will be submitted to the City upon completion of the project. One of the first tasks of the selected firm will be to develop a comprehensive uniform set of specifications for the construction of public utilities and infrastructure. The selected firm will ensure compliance by all contractors with safety and affirmative action policies, review and monitor traffic plans, and safeguard existing facilities during construction. Interested firms must demonstrate program management and construction administration expertise based on the successful completion of a number of projects of substantial size and complexity for other governmental and/or private entities. The selected firm(s) will work in cooperation with City staff and with the City's consulting engineers and/or architects to supervise and administer the construction of assigned projects. If legal issues should arise relating to the project after completion, the selected firm will provide records, depositions and testimony about the project if necessary on a supplementary fee basis. Firms with extensive experience and capability in construction and/or program management are invited to submit details of their qualifications and experience. RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 11 SECTION III - QUALIFICATIONS STATEMENT FORMAT Submittals must contain the following documents, each fully completed, and signed as required. Submittals which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed to be non- responsive. Non-responsive submittals will receive no further consideration. A. CONTENTS OF QUALIFICATION STATEMENT 1. Table of Contents The table of contents should outline in sequential order the major areas of the submittal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Technical Proposal Provide a narrative which addresses the scope of work, the proposed approach to the work, and any other information called for by the RFQ. 3. Price Proposal None is required at this time. Fees are to be negotiated with the top-ranked firm(s). 4. Qualifications The minimum qualification requirements for this RFQ are described below. Respondents must provide documentation which demonstrates their ability to satisfy all of the minimum qualification requirements. Submittals which do not contain such documentation may be deemed non-responsive. 5. Acknowled~ment of Addenda and Respondent Information Forms (Section Vill) 6. Any other document required by this RFO. such as a Questionnaire or Response Guaranty. B. MINIMUM QUALIFICATION REQUIREMENTS Each firm interested in responding to this Request for Qualifications must provide the following information. Submittals that do not respond completely to all requirements will be considered non- responsive and eliminated from the process. 1. Firm's Experience: Indicate the firm's number of years of experience in providing Program and Construction Management services, 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 RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 12 name(s) of the person, or persons within your organization who was most actively concerned with managing each project. 2. Project Mana~er's Experience: Provide a comprehensive summary of the experience and qualifications of the individuals who will be selected to serve as the project managers for the City's project(s). These individuals must have a minimum of ten (10) years' experience in program and lor construction management, and should have served as construction manager on similar projects on a minimum of three previous occasions. Especially major multi-faceted Right-of- Way infrastructure projects, including water, wastewater, stormwater and streetscapes. 3. Previous Similar Projects: A list of a minimum of ten similar projects must be submitted. Information should include: * Client name, address, phone number. * Consultant (Architect or Engineer) name, address, phone number. * Description of the scope of the work. * Month and Year the project was started and completed. * Total cost and/or fees paid to your firm. * Total cost of the construction, estimated and actual. * Role of the firm and the responsibilities. 4. Oualifications of Proiect Team: List the members of the project team. Provide a list of the personnel to be used on this project and their qualifications. A resume of each individual, including education, experience, and any other pertinent information shall be included for each team member, including any subcontractors, to be assigned to this project. SECTION IV - EV ALUA TION/SELECTION PROCESS The procedure for response evaluation and selection is as follows: 1. Request for Qualifications issued. 2. Receipt of responses. 3. Opening and listing of all responses received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFQ. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 13 5. The Evaluation Committee shall recommend to the City Manager the response or responses acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors: Firm's Experience in Program Management Project Manager's Experience Previous Similar Projects Qualifications of Project Team References Provided by Prior Project Owners 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all responses. 8. Negotiations between the selected respondent and the City Manager's designee will take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a respondent other than the top-ranked respondent if the negotiations with the top-ranked respondent fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. Important Note: By submitting a response, all respondents shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 14 evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 15 SECTION V - GENERAL PROVISIONS A. ASSIGNMENT The successful respondent shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful respondent. B. INDEMNIFICA TION The successful respondent shall be required to agree 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, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful respondent, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful respondent shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful respondent, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful respondent of such termination which shall become effective upon receipt by the successful respondent of the written termination notice. In that event, the City shall compensate the successful respondent in accordance with the Agreement for all services performed by the respondent prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful respondent shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the respondent, and the City may reasonably withhold payments to the successful respondent for the purposes of set off until such time as the exact amount of damages due the City from the successful respondent is determined. D. TERMINA TION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 16 without cause, by giving written notice to successful respondent of such termination, which shall become effective thirty (30) days following receipt by respondent of the written termination notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful respondent in accordance with the Agreement for all services actually performed by the successful respondent and reasonable direct costs of successful respondent for assembling and delivering to City all documents. Such payments shall be the total extent of the City's liability to the successful respondent upon a termination as provided for in this section. SECTION VI - SPECIAL TERMS AND CONDITIONS A. INSURANCE The successful respondent(s) shall obtain, provide, and maintain during the term of the proposed Agreement the following types and amounts of insurance issued by insurers licensed to sell insurance in the State of Florida and having a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to these requirements must be approved by the City Manager or designee. 1. Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as additional insured on policy. 2. Professional Liability (Errors and Omissions). Minimum of $500,000 per occurrence. 3. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws. Thirty (30) days' written notice of cancellation or substantial modification in insurance coverage must be given to the City by the architect/engineer and its insurance company. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. FAILURE TO PROCURE INSURANCE: The successful respondent's failure to procure or maintain the required insurance shall constitute a material breach of the proposed Agreement, giving the City the right to terminate the proposed Agreement. RFQ NO.: 102.99/00 DATE: DATE CITY OF MIAMI BEACH 17 RFQ NO.: 102 - 99/00 DATE: DATE SECTION VII - ATTACHMENTS None CITY OF MIAMI BEACH 18 SECTION VIII - DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 19 RESPONDENT INFORMATION Submitted by: Entity: Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by respondent that the City reserves the right to reject any and all responses, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFQ or in the responses received as a result of the RFQ. It is also understood and agreed by the respondent that by submitting a response, respondent shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 20 REQUEST FOR QUALIFICATIONS NO. XX-XXIXX ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFQ: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFQ. Verified with Procurement staff Name of staff Date (Respondent - Name) (Date) (Signature) RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 21 Respondent's Name: Principal Office Address: Official Representative: Individual Partnership ( Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If a Forei~n Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: RFQ NO.: 102 - 99/00 DATE: DATE QUESTIONNAIRE CITY OF MIAMI BEACH 22 Questionnaire (continued) If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: ADDRESS NAME * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by respondent for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the respondent or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 23 Ouestionnaire (continued) 4. Has the respondent or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on an attached sheet. 5. Person or persons interested in this Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the respondent and/or any of its principals. 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this response: (If none, so state.) RFQ NO.: 102 - 99/00 DATE: DATE CITY OF MIAMI BEACH 24 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any proposer and/or individuals and entities comprising or representing such proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. (Use additional pages if required.) RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 25 The respondent understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the respondent to be true. The undersigned respondent agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the proposer, as may be required by the City Manager. The respondent further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the respondent agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Signature (General Partner) (Print Name) (Print Name) IF A CORPORATION: Print Name of Corporation Signature of President (Print Name) Attest: Signature of Corporate Secretary IF:\WORK\$ALL\CAHIPROGMNGT.RFQ (Print Name) RFQ NO.: 102 - 99/00 DA TE: DA TE CITY OF MIAMI BEACH 26 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. <+0 l-c;:;:::J TO: Mayor Neisen O. Kasdin and Members of the City Commission DA TE: May 24, 2000 FROM: Lawrence A. Levy I W City Manager ~ SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE ISSUANCE OF A REQUEST FOR QUALIFICATIONS (RFQ) FROM QUALIFIED FIRMS WITH EXPERIENCE AND CAPABILITY TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES FOR CAPITAL RIGHT-OF-WAY INFRASTRUCTURE PROJECTS FOR THE CITY. ADMINISTRA TION RECOMMENDATION Adopt the Resolution. FUNDING: Proposed funding will be provided by the 1999 G.O. Bond Issue, and the proposed Water/Wastewater and Stormwater Revenue Bond Issues. BACKGROUND: The allocation of $53.0 MM from the General Obligation Bond issue, plus the $64.8 MM Water and Wastewater Bond issue, the $66.2 MM Stormwater Bond issue, and $28.6 MM from other sources for a total of $212.6 MM for infrastructure projects to be completed over the next seven (7) years, combined with the City's on-going capital improvement projects funded through the General Fund, RDA and other funding sources, are projected to place a strain on the City's ability to manage and administer the large number and scope of projects planned. The Construction Management Section of the Public Works Department has added staff over the last few months and has plans to add additional staff members systematically, on an as-needed basis. In spite of this staff, it is recognized by the Administration that the number of large and complex projects planned over the next seven years will exceed the capacity of this Section. The Finance and Citywide Projects Committee reviewed the issue of retaining a professional Program/Construction Management firm for these projects at the meeting held on May 8, 2000. The Committee recommended that the City issue a Request for Qualifications (RFQ) from firms with experience and capability as Program/Construction Managers. AGENDA ITEM e,F DATE S-2~-OO The Administration is recommending the hiring of a firm to undertake overall program management. This type of service has been utilized effectively in other cities to coordinate and control large scale programs of capital improvement. The Administration proposes to issue a Request for Qualifications (RFQ) to obtain responses from professional firms with the capability, experience and field expertise to manage City-funded construction projects that are related to right-of-way improvements. The types of projects which may require these services include: water distribution and sewage collection systems, pumping stations, force mains, storm drainage systems, including injection wells and disposal outfalls, street grading, pavement milling, paving, curb and gutter installation, striping, sidewalks, pavers, irrigation systems and landscaping as specified by the City. The scope and duration of individual projects may range from 60 days to multiple years. A partial listing of projects currently planned is attached with a spreadsheet showing anticipated spending by year over the next seven years. The City is seeking the services of professional Program/Construction Management firms, with the experience and capability to provide professional services that may include the administration and management of the overall capital spending program, including all the underground and streetscape projects planned to be completed for the City. The selected firm will be responsible for working in cooperation with officials of the City and with the City's consulting engineers and/or architects to supervise and administer the construction of assigned projects, and will be responsible for overall program management. The firm will advise the City on the most effective way to implement the overall program. The selected firm, in coordination with City staff, will coordinate the design, preparation of construction documents, bidding and establishment of construction schedules. They will review construction bids, prepare monthly cash draw projections, monitor monthly construction-related expenditures and provide coordination between active construction projects in the same or adjacent areas. The selected firm will assist with the overall coordination of the City's programs with FDOT, Miami-Dade County Traffic and Public Works Departments, and private developers. The Program/Construction Manager will also assist in the development and implementation of the financial program for the each bond issue. The Program/Construction Manager will assist the City in regard to public information and public meetings which may be required in relation to assigned construction projects. The Program/Construction Manager will provide overall coordination and management, including, but not limited to the following: advising as to the most effective method of contracting for the work, whether to use conventional "Low-Bid" procurement, or "Design-Build", or "Construction Manager-at-Risk", or a combination, develop work plans, schedules and budgets, coordinate project design, procurement, contract negotiation and contract administration, visit the jobsites regularly to monitor construction progress, provide value engineering throughout the project, review, monitor and approve payment requisitions from the contractor and consultant, monitor project funding, prepare financial projections as required, provide bimonthly progress reports and status information on the assigned project(s) to City officials, attend and address meetings with City officials, neighborhood groups, and private citizens concerning the project, respond to questions and concerns about the project at City Commission meetings, prepare Commission Memoranda, review plans and specifications, review and approve Requests for Change Orders, maintain files of all documentation and correspondence relating to the project in an orderly system which will be submitted to the City upon completion of the project. The firm will ensure compliance by all contractors with safety and affirmative action policies, review and monitor traffic plans and safeguard existing facilities during construction. If legal issues should arise relating to the project after completion, the selected firm will provide records, depositions and testimony about the project if necessary on a supplementary fee basis. Firms with extensive experience and capability in construction and/or program management will be invited to submit details of their qualifications and experience. Funding for this activity will be from the approved 1999 General Obligation Bond Funds, and from proposed W ater/W astewater and Stormwater Revenue Bond issues. The cost of these services is estimated to range from 8 to 12% of total project costs for the combination of both Program Management and Construction Management services, plus reimbursables. These services will be crucial during the implementation of the Capital Improvement Program. CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the Resolution approving and authorizing the issuance of a Request for Qualifications (RFQ) from qualified firms with experience and capability to provide professional program management services for capital righ:~W.R:fral;ure projects for the City. LA~S~/RM/CAH F:\WORK\$ALL\CAHIPROGMNGT.MEM