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2000-23979 RESO RESOLUTION NO. 2000-23979 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 FIRMS WITH EXPERIENCE AND CAPABILITY TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES TO MANAGE CONSTRUCTION PROJECTS FOR FACILITIES AND PARKS WITHIN THE CITY, INCLUDING EXTENSIVE RENOVATION OF THE FACILITIES AT THE PUBLIC WORKS YARD, CERTAIN COMPLEX PARK RENOVATION PROJECTS AND RENOVATION OF OTHER CITY- OWNED BUILDINGS AS ASSIGNED. 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 facilities 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 Manager to coordinate a number ofthe 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 RESOLVED BY THE MAYOR 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 facilities and parks within the City, including extensive renovation of the facilities at the public works yard, certain complex park renovation projects and renovation of other City-owned buildings as assigned. PASSED AND ADOPTED THIS 28th day of June f/;1!1MA YOR ,2000. ATTEST: ~Lcf~~ F:\WORK\$ALL\CAH\PROGMGURES APPROVED AS TO Fait'" & LANGUAGE & FOR EXECUTION 1u .ui)" I L. 6 -2.t-OV 7cg~-- 5Ot; CITY OF MIAMI BEACH m 1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.fl.us PROCUREMENT DIVISION Telephone (305) 673.7490 Facsimile (305) 673.7851 REQUEST FOR QUALIFICATIONS (RFQ) NUMBER 111-99/00 PROGRAM MANAGEMENT SERVICES TO MANAGE CONSTRUCTION PROJECTS FOR FACILITIES AND PARKS RESPONSES MUST BE RECEIVED NO LATER THAN JULY 28. 2000 AT 3:00 P.M.. AT THE FOLLOWING ADDRESS: City of Miami Beach City Hall Procurement Division, Third Floor 1700 Convention Center Drive Miami Beach, F133139 Fax: (305) 673-7851 1 CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, MIAMI BEACH. FLORIDA 33139 htt :\\ci.miami-beach.f1.us PROCUREMENT DIVISION Telepho;;;'(305) 673-7490 Facsimile (305) 673,7851 PUBLIC NOTICE Request for Qualifications (RFQ) NO. 111-99/00 PROGRAM MANAGEMENT SERVICES TO MANAGE CONSTRUCTION PROJECTS FOR FACILITIES AND PARKS Scope of Service: The services required will include 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. Sealed qualifications will be received until 3:00 p.m. on Julv 28. 2000, at the following address: City of Miami Beach, City Hall- Procurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Any response received after 3 :00 p,m. on July 28, 2000 at 3 :00 p,m" will be returned to the proposer unopened, The responsibility for submitting qualifications before the stated time and date is solely strictly the responsibility of the proposer, The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence, A Pre-Qualification Conference is scheduled for July 14, 2000 at 10:00 a,m, at the following address: City of Miami Beach, City Hall - City Manager's Office, Fourth Floor Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida. The RFQ package is available by calling DemandStar.com at (407) 975-3227 and requesting Document #1113, RFQ 111-99/00 June 29, 2000 2 The City of Miami Beach, 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 the RFQ or in the responses received as a result of this RFQ, as deemed in the best interest of the City of Miami Beach, You are hereby advised that this RFQ is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164, Requests for additional information or clarifications must be submitted in writing to my attention, and may be forwarded via facsimile to: 305-673-7851. Thank you, Gus Lopez, CPPO Procurement Director RFQ 111-99/00 June 29, 2000 3 NOTICE TO PROSPECTIVE PROPOSERS RFQNO: 111-99/00 DATE: June 29, 2000 PROGRAM MANAGEMENT SERVICES TO MANAGE CONSTRUCTION PROJECTS WITHIN THE PUBLIC RIGHT-OF-WAY NO RESPONSE If you are not submitting a response at this time, please detach this sheet from the RFQ documents, complete the information requested, and return to the address listed above, NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: o Our company does not handle this type of service, o We cannot meet the scope of work, o Our company is simply not interested in submitting a proposal at this time, o Due to prior commitments, I was unable to attend pre-proposal meeting, OTHER. (Please specify) We do 0 do not 0 want to be retained on your mailing list for future projects for this type of service, Signature: Title: Company: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from the City's bid list. RFQ 111-99/00 June 29, 2000 4 TABLE OF CONTENTS Pae:e I. OVERVIEW AND QUALIFICATION PROCEDURES 6-11 II. SCOPE OF SERVICES 12-13 III. QUALIFICATION STATEMENT FORMAT 14-15 IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 16-17 V. GENERAL PROVISIONS 18-19 VI. SPECIAL TERMS AND CONDITIONS 20 VII. QUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 21-26 VIII. ATTACHMENTS 27 RFQ 111-99/00 June 29, 2000 5 SECTION I - OVERVIEW AND OUALIFICATIONS 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 facilities projects for the city I including the renovation of fire station no. 4, extensive renovation ofthe facilities at the public works yard, certain complex park renovation projects and renovation of other city-ownded buildings as assigned. The City plans to ask the selected Program Management firm to administer projects with capital cost in excess of$500,000, However, not all projects above this level will necessarily be offered to the Program Manager; in addition, at the option of the City, the Program Manager may be asked to manage some projects with a lower capital cost. 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, RFQ 111-99/00 June 29, 2000 6 B. RFQ TIMETABLE The anticipated schedule for this RFQ and contract approval is as follows: RFQ issued Deadline for receipt of questions Pre-Qualification Conference Deadline for receipt of responses Evaluation process Recommendation to City Commission Negotiations Contract Award Projected contract start date June 29, 2000 July 21, 2000 July 14,2000 at 10:00 a,m, July 28, 2000 at 3:00 p.m, Week of August 7, 2000 September 13, 2000 September 18 - 19,2000 September 27, 2000 October 1, 2000 C. QUALIFICATION STATEMENT SUBMISSION An original and ten copies of complete responses must be received by July 28, 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 V,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-QUALIFICATION CONFERENCE A pre-qualification conference is scheduled on June 22, 2000, at 10:00 A,M, at the following address: City Hall City Manager's Office Fourth Floor Large Conference Room 1700 Convention Drive Miami Beach, Florida 33319 RFQ 111-99/00 June 29, 2000 7 E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFQ is Gus Lopez, CPPO, Procurement Director. Mr. Lopez may be reached by Phone: 305-673-7495; Fax: 305-673-7851; E-mail: guslopez@ci,miarni- beach.fl,us. 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 writinl!: to the Procurement Director no later than 4:00 n.m. on JuIv 21. 2000. City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addendum 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 addendums have been received, F. MODIFICATION/WITHDRAWALS 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. G. RFQ POSTPONEMENT/CANCELLATION/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, RFQ 111-99/00 June 29, 2000 8 H. 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, I. VENDOR APPLICATION Prospective proposers should register with the DemandStar.com (the City's Vendor Database Management firm); this will facilitate the receipt of future notices of solicitations when they are issued. Potential proposers may contact DemandStar,com at (800) 711-1712 or register on-line at www.demandstar.com. J. 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. K. 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". L. NEGOTIATIONS 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, RFQ 111-99/00 June 29, 2000 9 M. 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 davs after award bv 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 waived by the protester, N. 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, O. 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. P. 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. No qualifying firm will be permitted to supervise or administer a project on which they are the designer, consultant or a sub-consultant. Q. 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 RFQ 111-99/00 June 29, 2000 10 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. R. RELATION 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, S. 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 of36 months from the date of being placed on the convicted vendor list. RFQ 111-99/00 June 29, 2000 11 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 a segment of the overall capital spending program, including selected facilities projects for the city, including, but not limited to, renovation of Fire Station #4, certain complex park renovation projects and renovation of other City-owned buildings as assigned. The selected firm will work 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 of designated projects. The firm will advise the City on the most effective way to implement the overall capital spending 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 outside agencies, City Departments, and with private developers as required. The Program/Construction Manager will also assist in the development and implementation of the financial program for the projects, 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 and Best 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 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 RFQ 111-99/00 June 29, 2000 12 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(s). 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, 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. 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. Some or all of the following list of projects may be under the management of the selected firm: Fire Station #2 Fire Station #4 10th Street Beachfront AuditoriumlBeach Patrol Headquarters 12th Street Parking Garage Renovation RFQ 111-99/00 June 29, 2000 13 13th Street Parking Garage Renovation ElectroWave Shuttle Shoreline / Seawall Rehabilitation Program North Shore Open Space Park North Shore Park & Youth Center Flamingo Park Lummus Park South Pointe Park Improvements ADA City-Wide Renovations Property Management Maintenance Facilities Restoration Public Works Maintenance Yard Facilities Restoration RFQ 111-99/00 June 29, 2000 14 SECTION III - OUALIFICATIONS 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. Oualifications 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. Acknowledgment of Addenda and Respondent Information Forms (Section VIII) 6, Anv other document required bv this RFO. such as a Ouestionnaire or Response Guarantv . 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, RFQ 111-99/00 June 29, 2000 15 1. Firm's EXDerience: 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 name(s) of the person, or persons within your organization who was most actively concerned with managing each project. 2. Proiect Manae:er's EXDerience: 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 often (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 Proiects: A list of a minimum often 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. Qualifications ofProiect 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. RFQ 111-99/00 June 29, 2000 16 SECTION IV - EV ALVA 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. 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, RFQ 111-99/00 June 29, 2000 17 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 oftime. 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. ImDortant 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 evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFQ 111-99/00 June 29, 2000 18 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. INDEMNIFICATION 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 ofliability 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 RFQ 111-99/00 June 29, 2000 19 respondent is determined, D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time 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. RFQ 111-99/00 June 29, 2000 20 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 111-99/00 June 29, 2000 21 VIII. OUALIFICA TION DOCUMENTS TO BE COMPLETED AND RETURNED TO THE CITY 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 111-99/00 June 29, 2000 22 REQUEST FOR QUALIFICATIONS NO. 102-99/00 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 111-99/00 June 29, 2000 23 QUESTIONNAIRE Respondent's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Cornoration. answer this: When Incorporated: In what State: If a Foreim 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: If a Partnershin: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS RFQ 111-99/00 June 29, 2000 24 " Designate general partners in a Limited Partnership 1. 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: 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) RFQ 111-99/00 June 29, 2000 25 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 ofInterest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this response: (If none, so state.) 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.) The respondent understands that information contained in this Questionnaire will be relied RFQ 111-99/00 June 29, 2000 26 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: RFQ 111-99/00 June 29, 2000 27 Signature of Corporate Secretary (print Name) SECTION VII - ATTACHMENTlS) 1. Infrastructure Improvement Program Funding Analysis (8 pages). 2. Lobbyists Ordinance. 3. Cone of Silence. RFQ 111-99/00 June 29, 2000 28 DIVISION 3. LOBBYISTS Sec. 2-481. Defmitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Advisory personnel means the members of those city boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the city commission, Departmental personnel means the city manager, all assistant city managers, all department heads, the city attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division, Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of any personnel defined in any manner in this section, during the time period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City commission, or a City board or committee. The term specifically includes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee, Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board, special master hearings and administrative hearings shall not be included for purposes of this division. (Ord, No, 92-2777, ~~ 1,2,3-4-92; Ord, No. 92-2785, ~~ 1,2,6-17-92) Cross reference(s)--Definitions generally, ~ 1-2, Sec, 2-482. Registration, RFQ 111-99/00 June 29, 2000 29 (a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk, Every person required to register shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; (2) His business address; (3) The name and business address of each person or entity which has employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he has been employed to lobby. (b) Any change to any information originally filed, or any additional city commissioner or personnel who are also sought to be lobbied shall require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment. The lobbyist has a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs, If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary shall also be identified, Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five percent or more ownership interest in such corporation, partnership, or trust. Separate registration shall be required for each principal represented on each specific issue. Such issue shall be described with as much detail as is practical, including but not limited to a specific description where applicable of a pending request for a proposal, invitation to bid, or public hearing number. The city clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby, (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (t) In addition to the registration fee required in subsection (a) of this section, registration of a lllobbyists shall be required prior to October I of every even-numbered year; and for biennial registration shall be as specified in appendix A. In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an appearance of an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed, The registration fees required by subsections (a) and (t) of this section shall be deposited by the clerk into a separate account and shall be expended only to cover the costs incurred in administering the provisions of this division. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the registration fee upon a finding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, ((;) (d) the fee (g) (h) RFQ 11 1-99/00 June 29, 2000 30 whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section, Copies of registration forms shall be furnished to each commissioner or other personnel named on the forms, (Ord, No, 92-2777, ~ 3, 3-4-92; Ord. No, 92-2785, ~ 3, 6-17-92) Sec, 2-483, Exceptions to registration. (a) Any public officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist. (b) Any person who only appears in his individual capacity at a public hearing before the city commission, planning board, board of adjustment, or other board or committee and has no other communication with the personnel defmed in section 2-481, for the purpose of self-representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are members of homeowner or neighborhood associations, All speakers shall, however, sign up on forms available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appealing a code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. (Ord. No. 92-2777, ~~ 4, 5, 3-4-92; Ord. No, 92-2785, ~~ 4, 5, 6-17-92) Sec. 2-484. Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall maintain signed sign-in logs for all non City employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, ~ 6, 6-17-92) Sec, 2-485. List of expenditures. (a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year, A statement shall be filed even if there have been no expenditures during the reporting period. (b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist registrations filed. All logs required by this section shall be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. ~ 11.0045. ~ All members of the city commission and all city personnel shall be diligent to RFQ 111-99/00 June 29, 2000 31 ascertain whether persons required to register pursuant to this section have complied with the requirements of this division, Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons engaged in lobbying activities who are reported to be in violation of this division, The city attorney shall report the results of the investigation to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the findings, if necessary, and submit any written material in defense to the city commission, The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord, No. 92-2777, ~ 6, 3-4-92; Ord. No, 92-2785, ~ 7, 6-17-92) RFQ 111-99/00 June 29, 2000 32 DIVISION 4. PROCUREMENT Sec. 2-486. Cone of silence. (a) Contracts for the provision of goods and services other than audit contracts. (1) Definition, "Cone of silence" is hereby defined to mean a prohibition on: (a) any communication regarding a particular request for proposal ("RFP"), request for qualifications ("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's professional staff including, but not limited to, the city manager and his or her staff; and (b) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's professional staff including, but not limited to, the city manager and his or her staff, Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff, (2) Procedure. a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid, At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division, b, The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) in the event of contracts for less than $10,000,00, when the city manager executes the contract. (3) Exceptions. The provisions of this ordinance shall 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 commissioners during any duly noticed public meeting, contract negotiations with city 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 by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communications with the city clerk, The city clerk shall make copies available to any person upon request. (b) Audit contracts, (1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any RFQ 111-99/00 June 29, 2000 33 communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's professional staff including, but not limited to the city manager and his or her staff, and (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid, At the time of the imposition of the cone of silence, the city manager or his or her designee shall provide for the public notice of the cone of silence, The cone of silence shall terminate a) at the time the city manager makes his or her written recornmendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than $10,000.00, when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder or proposer: (1) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (iii) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents, The bidder or proposer shall file a copy of any written communication with the city clerk, The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division, @ Violations/penalties and procedures, An alleged violation of this section by a particular bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, 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. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee RFQ 111-99/00 June 29, 2000 34 to disciplinary action up to and including dismissal, Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the state attorney and/or may file a complaint with the county ethics commission. (Ord, No, 99-3164, ~ 1, 1-6-99) RFQ 111-99/00 June 29, 2000 35 ORDINANCE NO 2000-3234 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED "PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT", SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled "Procurement", is hereby amended by adding the following Division 5, entitled - "Debarment of Contractors from City Work" reading as follows: Division 5. Debarment of contractors from City work, Section 2-397 Puroose of debarment. (a) The City shall solicit offers from. award contracts to. and consent to subcontractors with responsible contractors only: To effectuate this police. the debarment of contractors from City work may be undertaken, (b) The serious nature of debarment reauires that this sanction be imposed only when it is in the public interest for the City's protection. and not for purposes of punishment. Debarment shall be imposed in accordance with the procedures contained in this ordinance, Section 2-398 Definitions. (aJAfflliates. Business concerns, organizations. lobbyists or other individuals are affiliates of each other if. directlv or indirectly. (l) either one controls or has the power to control the other. or (m a third part controls or has the power to control both, Indicia of control include. but are not limited to. a fiduciary relation which results from the manifestation of consent bv one individual to another that the other shall act on his behalf and subiect to his control. and consent bv the other so to act: interlocking management or ownership: identity of interests among familv members: shared facilities and eauipment: common use of employees: or a business entity organized by a debarred entity. individual. or affiliate following debarment of a contractor that has the same or similar management. ownership. or principal emplovees as the contractor that was debarred or suspended, RFQ 111-99/00 June 29, 2000 36 (hi Civil iudl!ment means a iudgment or finding of a civil offense by any court of competent iurisdiction. @ Contractor means anv individual or other legal entity that: (1) Directly or indirectly (e,g, through an affiliate). submits offers for is awarded.. or reasonably may be expected to submit offers or be awarded a City contract. including. but not limited to vendors. suppliers. providers. bidders. proposers. consultants. and/or design professionals. or (2) Conducts business or reasonable man be expected to conduct business. with the City as an agent.. representative or subcontractor of another contractor, (d) Conviction means a iudgement or conviction of a criminal offense. be it a felony or misdemeanor. by any court of competent iurisdiction, whether entered upon a verdict or a plea. and includes a conviction entered upon a plea of nolo contendere rei Debarment means action taken by the Debarment Committee to exclude a contractor (and, in limited instances specified in this ordinance. a bidder or proposer from City contracting and City approved subcontracting for a reasonable. soecified oeriod as provided in subsection (i) below: a contractor so excluded is debarred, (f) Debarment Committee means a group of seven (7) individual members. each appointed bv the Mayor and individual City Commissioners. to evaluate and. if warranted. to impose debarment. (g) ,'" e{)u",;~, ~It~" Greater weil!ht of the evidence means Droof by information that, comDared with that oDDosinfl it ,leads to the cone/usion that the fact at issue is more Drobablv true than not. (h) Indictment means indictment for a criminal offense. An information or other filing by competent authority charging a criminal offense shall be given the same effect as an indictment. (I) LeflalDroceedinl! means any civil iudicial proceeding to which the City is a party or anv criminal proceeding. The term includes appeals from such proceedings, (j) List of debarred contractors means a list compiled. maintained and distributed by the City's Procurement Office, containing the names of contractors debarred under the procedures of this ordinance. RFQ 111-99/00 June 29, 2000 37 Section 2-399 List Of debarred contractors, (a) The Citv's Procurement Office. is the a$[encv char$[ed with the implementation of this ordinance shall: (1) Compile and maintain a current. consolidated list (List! of all contractors debarred bv Citv departments, Such List shall be public record and shall be available for public inspection and dissemination: (2) Periodicallv revise and distribute the List and issue supplements, if necessarv, to all departments. to the Office of the Citv Mana$[er and to the Mavor and Citv Commissioners: and (3) Included in the List shall be the name and telephone number of the Citv official responsible for its maintenance and distribution. (h) The List shall indicate: (1) The names and addresses of all contractors debarred. in alphabetical order: (2) The name of the department that recommends initiation of the debarment action: (3) The cause for the debarment action. as is further described herein. or other statutorv or reflUlatorv authoritv: (4) The effect of the debarment action: (5) The termination date for each listin$[: (6) The contractor's certificate of competence or license number. when applicable: (7) The person throuf!h whom the contractor is Qualified. when applicable: (8) The name and telephone number of the point of contact in the department recommendinf! the debarment action. ~ The Citv's Procurement Office shall: (1 ) In accordance with internal retention procedures. maintain records relatin$[ to each debarment: (2) Establish procedures to provide for the effective use of the List, includin$[ internal distribution thereof. to ensure that departments do not solicit offers trom, award contracts to. RFQ 111-99/00 June 29, 2000 38 or consent to subcontracts with contractors on the List: and (3) Respond to inquiries concernin$l listed, contractors and coordinate such responses with the department that recommended the action, Section 2-400 Effect of debarment. (a) Debarred contractors are excluded trom receivin$l contracts. and departments shall not solicit offers trom. award contracts to, or consent to subcontracts with these contractors. unless the Citv Mana$ler determines that an emer$lencv exists iustifYin$l such action. and obtains approval trom the Mavor and Citv Commission. which approval shall be $liven bv 5/7ths vote of the Citv Commission at a rel!Ularlv scheduled Citv Commission meetin$l. Debarred contractors are also excluded trom conductin$l business with the Citv as a$lents. representatives subcontractors or partners of other contractors. (h) Debarred contractors are excluded trom actin$l as individual sureties. Section 2-40i Continuation of current contracts. (a) Commencin$l on the effective date of this ordinance. all proposed Citv contracts. as well as Request for Proposals (RFP). Request for Oualifications (RFO). Requests for Letters of interest (RFLl). or bids issued be the Citv. shall inCOrPorate this ordinance and specifY that debarment may constitute f!Tounds for termination of the contract as well as disqualification trom consideration on any RFP. RFo. RFLI. or bid. (h) The debarment shall take effect in accordance with the notice provided bv the Citv Mana$ler pursuant to subsection 2-405(h) below. except that if a Citv department has contracts or subcontracts in existence at the time the contractor was debarred. the debarment period may commence upon the conclusion of the contract. subiect to approval of same be 5/7ths vote of the Mavor and Citv Commission at a reflUlarlv scheduled meetin$l. ~ Citv departments may not renew or otherwise extend the duration of current contracts. or consent to subcontracts with debarred contractors, unless the Citv Manaller determines that an emer$lencv exists iustifYin$l the renewal or extension or for an approved extension due to delay or time extension for reasons beyond the contractor's control. and such action is approved bv 5/7ths vote of the Mayor and Citv Commission at a rel!Ularlv scheduled. meetin$l. (d) No fUrther work shall be awarded to a debarred contractor in connection with a continuin$l contract. where the work is divided into separate discrete f!TOUPS and the Citv's refusal or denial of fUrther work under the contract will not result in a breach of such contract. Section 2-402 Restrictions on subcontractin$l. RFQ 111-99/00 June 29, 2000 39 (a) When a debarred contractor is proposed as a subcontractor for anv subcontract subiect to Citv approval, the department shall not consent to subcontracts with such contractors unless the Citv Mana$ler determines that an emer!!encv exists iustifvin!! such consent. and the Mavor and Citv Commission approves such decision. bv 5/7ths vote. at a reflUlarlv scheduled meetin$l. (h) The Citv shall not be responsible for anv increases in proiect costs or other expenses incurred bv a contractor as a result of reiection of proposed subcontractors pursuant to subsection 2-402(a) above. provided the subcontractor was debarred prior to bid openin!! or openin$l of proposals. where the contract was awarded be the Citv pursuant to an RFP. RFo. RFLI. or bid. Section 2-403 Debarment. (a) The Debarment Committee mav, in the public interest. debar a contractor for anv of the causes listed in this ordinance. usin$l the procedures outlined below. The existence of a cause for debarment. however. does not necessarilv reQuire that the contractor be debarred: the seriousness of the contractor's acts or omissions and anv miti!!atin$l factors should be considered in makin!! anv debarment decision. (h) Debarment constitutes debarment of all officers, directors. shareholders ownin!! or controllin$l twentv-five (25) percent of the stock. partners, divisions or other or$lanizational elements of the debarred contractor, unless the debarred decision is limited bv its terms to specific divisions, or!!anizational elements or commodities. The Debarment Committee's decision includes anv existin$l affiliates of the contractor. if thev are (J) specificallv named and (iiJ $liven written notice of the proposed debarment and an opportunitv to respond. Futk,. uf{;,';uieJ of 0,(;, '0",[, u....[O, 1.41 (;, oJub;c;r...[ ;v lhl; De-but un;.,,! CVIIHllUir;r;, 'oJ dr;,L-:";o,,. @ contractor's debarment shall be effective throu$lhout Citv Government. Section 2-404 Causes for debarment (a) The Debarment Committee shall debar a contractor for a conviction or civil iudf!1nent. (]) For commission of a fraud or a criminal offense in connection with obtainin$l. attemptinf{ to obtain. performin$l. or makin$l a claim upon a public contract or subcontract. or a contract or subcontract funded in whole or in part with public fUnds: (2) For violation of federal or State antitrust statutes relatin!! to the submission of offers: (3) For commission of embezzlement. theft, for$lery, bribery. falsification or destruction of RFQ 111-99/00 June 29, 2000 40 records, makin!! false statements, or receivin!! stolen vrovertv: (4) Which makes the City the vrevailin!! vartv in a le!!alvroceedin!!. and a court determines that the lawsuit between the contractor and the City was frivolous or filed in bad faith. (h) The Committee may debar a contractor, (and, limited instances set forth hereinbelow. a bidder or vrovoser) based uvon a 01 ~vu",;e/ ("'L~ the f!J'eater wei!!ht of the evidence, for: (J) Violation of the terms of a City contract or subcontract. or a contract or subcontract fUnded in whole or in vart bv City fUnds. such as failure to verform in accordance with the terms of one (J) or more contracts as certified bv the City devartment administerin!! the contract: or the failure to verform. or unsatisfactorily verform in accordance with the terms of one (J) or more contracts. as certified bv an indevendent re!!istered architect. en!!ineer. or !!eneral contractor. (2) Violation of a City ordinance or administrative order which lists debarment as a votential venaltv. ':li:>4 t' . '1 ffe t t' 'b ..., r e't . t b" ' I fill V n~' ,c.uJ~ 'HilL:: l at ...." lit. 1C;"UVI13~ JlUII 0, "4 I V GO/lilY'"' 61 VI "" ....VIIIIU....'VI u. r . e- Ie Dc;, ,0, Ifutn~. It II WlVI Section 2-405 Debarment vrocedures. (a) ReQuests for the debarment of contractors may be initiated bv a City Devartment or bv a citizen-at lar!!e and shall be made in writin!! to the Offlce of the City Mana!!er. Uvon receivt of a reQuest for debarment, the City Mana!!er shall transmit the reQuest to the Mayor and City Commission at a ref!Ularlv scheduled meetin!!. The Mayor and City Commission shall transmit the reQuest to a verson or versons who shall be char!!ed bv the City Commission with the duty of vromvtlv investi!!atin!! and vrevarin!! a written revort(s) concernin!! the vrovosed debarment. includin!! the cause and f!J'ounds for debarment. as set forth in this ordinance. (b) Uvon comvletion of the aforestated written revort, the City Mana!!er shall forward said revort to the Debarment Committee. The City's Procurement Offlce shall act as staff to the Debarment Committee and. with the assistance of the Cil v Jwu/ I,,,...t verson or versons which vrevared the revort. vresent evidence and arf?Ument to the Debarment Committee ~ Notice of vrovosal to debar. Within ten workin!! days of the Debarment Committee havin!! received the reQuest for debarment and written revort, the City's Procurement Offlce, on behalf of the Debarment Committee shall issue a notice of vrovosed debarment advisin!! the contractor and anY svecificallv RFQ 111-99/00 June 29, 2000 41 named affiliates, bv certified mail. return receipt reauested, or personal service. containinfl the followinfl information: (1) That debarment is beinfl considered: (2) The reasons and causes for the proposed debarment in terms sufficient to put the contractor and any named affiliates on notice of the conduct or transaction(s) upon which it is based: (3) That a hearinfl shall be conducted before the Debarment Committee on a date and time not less than thirty (30) days after service of the notice. The notice shall also advise the contractor that it may be represented bv an attorney, may present documentarv evidence and verbal testimony, and may cross- examine evidence and testimony presented aflainst it. (4) The notice shall also describe the effect of the issuance of the notice of proposed debarment, and of the potential effect of an actual debarment. (d) No later than seven (7) workinf! days. prior to the scheduled hearinfl date. the contractor must furnish the Citv's Procurement Office a list of the defenses the contractor intends to present at the hearinfl. If the contractor fails to submit the list, in writinf!, at least seven (7) workinfl days prior to the hearinfl or fails to seek an extension of time within which to do so, the contractor shall have waived the opportunity to be heard at the hearinf!. The Debarment Committee has the rif!ht to f!l"ant or deny an extension of time, and for flood cause, may set aside the waiver to be heard at the hearinfl, and its decision may only be reviewed upon an abuse of discretion standard. (e) Hearsay evidence shall be admissible at the hearinfl but shall not form the sole basis for initiatinfl a debarment procedure nor the sole basis of any determination of debarment. The hearinf! shall be transcribed taped or otherwise recorded bv use of a court revorter, at the election Committee and at the expense of the Citv. Copies of the hearinf! tape or transcrivt shall be furnished at the exvense and reauest of the reauestinfl vartv. (f) Debarment Committee's decision. In actions based uvon a conviction or iudflT/lent, or in which there is no f!enuine disvute over material facts, the Debarment Committee shall make a decision on the basis of all the RFQ 111-99/00 June 29, 2000 42 undisputed. material information in the administrative record. includin$l any undisputed, material submissions made bv the contractor. Where actions are based on disputed evidence. the Debarment Committee shall decide what wei$lht to attach to evidence of record, iud$le the credibility of witnesses, and base its decision on the /JI w()"del,u"a flJ'eater wei$lht of the evidence standard. The Debarment Committee shall be the sole trier offact. The Committee's decision shall be made within ten (l0) workin$l davs after conclusion of the hearin$l, unless the Debarment Committee extends this period for $lood cause. (f!) The Committee's decision shall be in writin$l and shall include the Committee's factual findin$ls, the principal causes of debarment as enumerated in this ordinance. identification of the contractor and all named afflliate: affected bv the decision. and the specific tern. includin$l duration. of the debarment imposed. (h) Notice of Debarment Committee's decision. (1) If the Debarment Committee decides to impose debarment. the City Mana$ler shall $live the contractor and anv named afflliates involved written notice by certified mail, return receipt requested, or hand delivery, within ten (l0) workin$l davs of the decision. specifyinf! the reasons for debarment and includin$l a COpy of the Comrnittee's written decision: statin$l the period of debarment, includin$l, effective dates: and advisin$l that the debarment is effective throu$lhout the City departments. (2) If debarment is not imposed, the City Mana$ler shall notify the contractor and anv named afflliates ;".vl y~d ,by certified mail. return receipt requested. or personal service, within ten (l0) workin$l days of the decision. (J) All decisions of the Debarment Committee shall be final and shall be effective on the date the notice is si$lned by the City Mana$ler. Decisions of the Debarrnent Committee are subiect to review bv the Appellate Division of the Circuit Court. A debarred contractor mav seek a stav of the debarment decision in accordance with the Florida Rules of Appellate Procedure. Section 2-406 Period of debarment, (a) The period of debarment imposed shall be within the sole discretion of the Debarment Committee. Debarment shall be for a period commensurate with the seriousness of the causers), and where applicable, within the llUidelines set forth below. but in no event shall exceed five (5) Years. (h) The followin$l $luidelines in the period of debarment shall applv except where miti$latin$l RFQ 111-99/00 June 29, 2000 43 or af!f!ravatim! circumstances iustifv deviation: (J) For commission of an offense as described in subsection 2404(a)(J): five (5) years (2) For commission of an offense as described in subsection 2404(a)(2): five (5) years. (3) For commission of an offense as described in subsection 2404(a)(3): five (5) years. (4) For commission of an offense as described in subsection 2404(a)(-54): two (2) to five (5) years. (5) For commission of an offense as described in subsections 2404(b)(J) or (2): two (2) to five (5) years. @ The Debarment Committee mav, in its sole discretion. reduce the period of debarment, upon the contractor's written reQuest. for reasons such as: (J) Newlv discovered material evidence: (2) Reversal of the conviction or civil iudf!lnent upon which the debarment was based: (3) Bona fide chanf!e in ownership or manaf!ement: (4)Elimination of other causes for which the debarment was imposed: or (5) Other reasons the Debarment Committee deems appropriate. (d) The ';~bw ",dltdebarred contractor's written reQuest shall contain the reasons for reQuestinf! a reduction in the debarment veriod. The Citv's Procurement Office, with the assistance of the affected department shall have thirtv (30) davs trom receiDl of such reQuest to submit written reSDonse thereto. T,',r; w'e';",;vIJ vtthl:- Debal Int.hi CVlfltu;[/c;.e , r;r.UI dihr. u . , I I' b . . 'i '1 , b' , r;YUc.". ,IlUU(; ""aCt t u" Ju iH;."",I.o" III I uC4. UII" "O,.-UVVe,aUA .e. SECTION2. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION3. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the RFQ 111-99/00 June 29, 2000 44 Code ofthe City of Miami Beach. Florida. The sections of this ordinance may be renumbered relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 4. REPEALER, All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the 3rd day of March. 2000. PASSED and ADOPTED this 23rd day of Februarv, 2000. /lJAlk-(F:IAITOAGURI- DERARMNi- OltD/ RFQ 111-99/00 June 29, 2000 45 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\lci.miami-beach.fl.u& COMMISSION MEMORANDUM NO. S I;)-CIJ TO: Mayor Neisen O. Kasdin and Members ofthe City Commission Lawrence A. Levy a.~ City Mana r DATE: June 28, 2000 FROM: SUBJECT: ARE LUTION 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 FIRMS WITH EXPERIENCE AND CAPABILITY TO PROVIDE PROFESSIONAL PROGRAM MANAGEMENT SERVICES TO MANAGE CONSTRUCTION PROJECTS FOR FACILITIES AND PARKS WITHIN THE CITY, INCLUDING EXTENSIVE RENOVATION OF THE FACILITIES AT THE PUBLIC WORKS YARD, CERTAIN COMPLEX PARK RENOVATION PROJECTS AND RENOVATION OF OTHER CITY- OWNED BUILDINGS AS ASSIGNED. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING: Proposed funding will be provided by the 1999 G.O. Bond Issue. BACKGROUND: The allocation of$39 Million from the General Obligation Bond issue, and $75 Million from other sources for a total of$114 Million for capital 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, Redevelopment Agency 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 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. At this meeting, the Committee recommended that the City issue a Request for Qualifications (RFQ) from firms with experience and capability as Program/Construction Managers to assist with these projects. The Administration is recommending the hiring of a firm to undertake overall program management of the more complex facilities projects. This type of service has been utilized effectively in other AGENDA ITEM Rr-r D G,-:l~-OO DATE cities to coordinate and control large scale programs of capital improvement. The Administration has issed an RFQ for firms to provide Program Management services for the City's infrastructure projects within the public rights-of-way, it is now proposed to issue a second Request for Qualifications (RFQ), this time to obtain responses from professional firms with the capability, experience and field expertise to manage City-funded construction projects that are related to facilities and parks renovation and construction. The types ofprojects which may require these services include: Renovation of the facilities at the Public Works yard, certain complex park renovation projects and renovation of other City-owned buildings as assigned. The scope and duration of individual projects may range from 60 days to multiple years. A partial listing of projects currently planned is included in the attached RFQ draft. 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 a portion of the City's overall capital spending program, including a number of facilities and parks renovation 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 City plans to ask the selected Program Management firm to administer projects with capital cost in excess of $500,000. However not all projects above this level will necessarily be offered to the Program Manager; in addition, at the option of the City, the Program Manager may be asked to manage some projects with a lower capital cost. 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 Program/Construction Manager will also assist in the development and implementation of the financial program for the bond issue. The Program/Construction Manager will assist the City in preparation for and the conduct of 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 each 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. Iflegal 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 other City funding sources. 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. The availability of 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 firms with experience and capability to provide professional program management services for facilities projects for the City, including renovation of the facilities at the Public Works yard, certain complex park renovation projects and renovation of other City-owned buildings as assigned. .<.AJ) q.~ cY ~ LAL~DW~CAH F:\WORK\SALL\CAH\PROGMQT2.MEM