2011-27784 Reso RESOLUTION NO. 2011 -27784
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 41-
10/11, FOR A CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE PRE -
CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA A
GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE PAR 3 GOLF
COURSE PROJECT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH THE TOP - RANKED FIRM OF QGS DEVELOPMENT,INC.;
AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN
AGREEMENT WITH THE TOP - RANKED FIRM, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WITH THE SECOND - RANKED FIRM OF THE
WEITZ COMPANY; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO
NEGOTIATE AN AGREEMENT WITH THE SECOND - RANKED FIRM,
AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH
THE THIRD - RANKED FIRM, RYANGOLF CORPORATION, PROVIDED FURTHER,
THAT THE ACTION(S) SET FORTH IN THIS RESOLUTION SHALL BE SUBJECT
TO AND CONDITIONED UPON APPROVAL OF A PROPOSED SETTLEMENT
AGREEMENT BY THE CITY AND THE BAYSHORE HOMEOWNERS
ASSOCIATION, INC., TO THAT CERTAIN LITIGATION ENTITLED, BAYSHORE
HOMEOWNERS ASSOCIATION, INC. VS. CITY OF MIAMI BEACH, CASE NO. 07-
42998 CA 30.
WHEREAS, on June 1, 2011, the Mayor and City Commission adopted Resolution No.
2011- 27677, formally approving the Par 3 Project Master Plan, in concept, as per the scope that
had been delineated, with a recommendation by the City Commission that the concept plan be
submitted to the Finance and Citywide Projects Committee for approval prior to finalizing
construction plans for the project; and
WHEREAS, the City Commission also designated Commissioner Exposito to work
with the City Attorney's Office to draft language for a proposed settlement agreement with the
Bayshore Homeowner's Association to resolve pending litigation which sought to ensure the
reconstruction of the golf course; and
WHEREAS, on July 13, 2011, the City Commission approved the issuance of a
Request for Qualifications (RFQ) for a Construction Manager at Risk Firm to Provide Pre -
Construction Services and Construction Phase Services via a Guaranteed Maximum Price
(GMP) Amendment for the Par 3 Golf Course Project; and
WHEREAS, RFQ No. 41 -10/11 was issued on July 19, 2011, and the Procurement
Division uploaded the document to BidSync and Bidnet, as well as e- mailed the RFQ, sending it
to over 75 firms, which resulted in the receipt of proposals from KemperSports & Duininck;
Landscapes Unlimited, LLC; QGS Development, Inc.; RyanGolf Corporation; and The Weitz
Company; and
WHEREAS, on August 8, 2011, the City Manager via Letter to Commission No. 198-
2011 appointed an Evaluation Committee (the "Committee "), consisting of the following
individuals:
Greg Carney, Golf Advisory Committee Member and Resident;
Christina Cuervo, CIPOC Member and Resident;
Maria Hernandez, Sr. Capital Projects Coordinator, CIP Department;
Alberto Pozzi, General Manager, Professional Course Management;
Kevin Smith, Director, Parks and Recreation Department;
Silvia Winitzky, Co- President Bayshore HOA and Resident; and
WHEREAS, a City Commissioner had requested an additional member be added to
the Committee with knowledge of construction, and the CIP office designated Janette
Fernandez Arencibia to participate on the Committee; and
WHEREAS, the Committee convened on August 19, 2011, and was provided with an
overview of the project, information relative to the City's Cone of Silence Ordinance and the
Government in the Sunshine Law, listened to a brief overview and participated in a question and
answer session with each of the five (5) Proposers, and discussed and evaluated the proposals
based on the criteria as outlined in the RFQ; and
WHEREAS, the Committee unanimously ranked QGS Development, Inc. as the top -
ranked firm, and further ranked the Weitz Compnay as the second - ranked firm and RyanGolf as
the third - ranked firm; and
WHEREAS, the City Manager concurs with the Committee's recommendation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals pursuant to Request for Qualifications (RFQ) No. 41- 10/11, for a Construction
Manager at Risk Firm to Provide Pre - Construction Services via a Guaranteed Maximum Price
(GMP) Amendment for the Par 3 Golf Course Project; authorize the Administration to enter into
negotiations with the top- ranked firm of QGS Development, Inc.; and should the Administration
not be able to negotiate an Agreement with the top- ranked firm, authorize the Administration to
negotiate with the second - ranked firm of The Weitz Company; and should the Administration not
be able to negotiate an Agreement with the second - ranked firm, authorize the Administration to
negotiate an Agreement with the third - ranked firm of RyanGolf Corporation, provided further,
that the action(s) set forth in this Resolution shall be subject to and conditioned upon approval
of a proposed settlement agreement by the City and the Bayshore Homeowners Association,
Inc., to that certain litigation entitled, Bayshore Homeowners Association, Inc. vs. City of Miami
Beach, Case No. 07 -42998 CA 30.
PASSED AND ADOPTED this / ?41 O G k J er s da o f , 2011.
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T:\AGENDA\2011 \10 -19 -11 \RFQ 41 -10 -11 CMR Par j e -'. •. 6 - A \ ,•' & FOR EXECUTION
City • . .. Date
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking Of Firms
For A Construction Manager At Risk For The Par 3 Golf Course Project, And Authorizing The
Administration To Enter Into Negotiations; subject further to approval of the proposed Settlement
Agreement on the Par 3 litigation by the City and the Bayshore Homeowners Association, Inc.
Key Intended Outcome Supported:
Ensure well maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey
indicated that 79% of businesses rated recently completed capital improvement projects as "excellent"
or "good."
Issue:
Shall the City Commission Adopt the Resolution?
Item Summa /Recommendation:
ry
On July 13, 2011, the City Commission approved the issuance of an RFQ for a Construction Manager at
Risk Firm to Provide Pre - Construction Services and Construction Phase Services Via a Guaranteed
Maximum Price (GMP) Amendment for the Par 3 Golf Course Project.
The Scope of the work is to provide all materials, labor, equipment, supervision, mobilization, overhead &
profit required to redevelop '
p q the City's nine hole Par 3 golf course, as well as parking and recreational
facilities as specified in the project scope. The Par 3 is bounded by Prairie Avenue on the west, W. 28th
Street on the north, Pine Tree Drive on the east, and Miami Beach Senior High School, the Public Works
Yard and the Hebrew Academy on the south.
In order to implement the recommendations as expressed by the HOA, Bayshore residents and the
Commission, to promote the preservation of green space; the originally proposed 34 spaces as presented at
the commission meeting of June 1, 2011 have been reduced to 9 spaces. The City's Planning Department
has determined that the parking can be reduced to 9 spaces and still meet the level of parking requirements
for the Par 3 Golf Course and its related facilities. The 9 parking spaces are located east of the splash pad
and the tot lot area indicated as Area A. (See attached Exhibit "A ")
At the Design Review Board meeting held on September 6, 2010, the Hebrew Academy presented the
proposed plans for a New Gymnasium building and approximately 23 parking spaces to be located in Area
B" (east of the current play courts).
RFQ No. 41 -10/11 was issued on July 19, 2011, and the Procurement Division uploaded the document to
BidSync and Bidnet, as well as e- mailed the RFQ, sending it to over 75 firms. This outreach resulted in the
receipt of proposals from the following five (5) firms: KemperSports & Duininck; Landscapes Unlimited, LLC;
QGS Development, Inc.; RyanGolf Corporation; and The Weitz Company.
An Evaluation Committee appointed by the City Manager reviewed, listened to presentations, participated in
Q &A with the Proposers, scored and ranked the proposals. Based on the published evaluation criteria, the
Committee unanimously ranked QGS Development, Inc. as the top- ranked firm, and further ranked The
Weitz Company as the second - ranked firm, and RyanGolf Corporation as the third - ranked firm.
It is recommended that the Mayor and City Commission adopt the resolution, subject to the approval of
the proposed Settlement Agreement on the Par 3 litigation by the City and the Bayshore Homeowners
Association, Inc.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds:
2
OBPI Total
Financial Impact Summary: No funds are being expended
City Clerk's Office Legislative Tracking:
Gus Lopez, Ext 6641
Si • n -Offs:
Department Director Assint City Manager City Ma- ger
FV GL DB Tr PDW I I I I I I I I I PA_�
MEM
MIAMIBEM G E N D M ? l c
DATE lb -I i
D MIAMI
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 19, 2011
SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 41-
10/11, FOR A CONSTRUCTION MANAGER AT RISK FIRM TO PROVIDE PRE -
CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA A
GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT FOR THE PAR 3 GOLF
COURSE PROJECT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH THE TOP - RANKED FIRM OF QGS DEVELOPMENT,INC.;
AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN
AGREEMENT WITH THE TOP - RANKED FIRM, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WITH THE SECOND - RANKED FIRM OF THE
WEITZ COMPANY; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO
NEGOTIATE AN AGREEMENT WITH THE SECOND - RANKED FIRM,
AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH
THE THIRD - RANKED FIRM, RYANGOLF CORPORATION. PROVIDED FURTHER,
THAT THE ACTION(S) SET FORTH IN THIS RESOLUTION SHALL BE SUBJECT
TO AND CONDITIONED UPON APPROVAL OF A PROPOSED SETTLEMENT
AGREEMENT BY THE CITY AND THE BAYSHORE HOMEOWNERS
ASSOCIATION, INC, TO THAT CERTAIN LITIGATION ENTITLED, BAYSHORE
HOMEOWNERS ASSOCIATION, INC. VS. CITY OF MIAMI BEACH, CASE NO. 07-
42998 CA 30.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission adopt this Resolution only if the City
Commission approves a settlement agreement with the Bayshore Homeowners Association
concerning the Par 3, which has also been placed on this agenda.
FUNDING
No funds are being expended.
KEY INTENDED OUTCOME
Ensure well- maintained infrastructure
BACKGROUND AND ANALYSIS
On June 1, 2011, the Mayor and City Commission adopted Resolution No. 2011 -27677 formally
approving the Par -3 project Master Plan in concept as per the scope that had been delineated,
with a recommendation by the City Commission that the concept plan be submitted to the
Finance and Citywide Projects Committee for approval prior to finalizing construction plans for
the project.
Commission Memorandum — RFQ 41 -10/11 CMR for the Par 3 Golf Course Project
October 19, 2011
Page 2 of 5
The Commission also voted for Commissioner Exposito to work with the City Attorney's Office to
draft language for the proposed settlement agreement with the Bayshore Homeowner's
Association to resolve pending litigation. The lawsuit sought to ensure the reconstruction of the
golf course, which is currently underway and is being presented as a separate item, apart from
this memo to proceed in the form of a Construction Manager at Risk, for which the
Administration is also seeking approval to proceed with the due diligence of negotiating the
early stages of this contract.
The Administration has taken into consideration the concerns expressed by the Bayshore
Homeowner's Association, the Bayshore residents, and the Commission regarding the
preservation of the Par -3 green space, and will be working with the design consultants to
provide a plan that incorporates the elements in the scope of services in a manner which
maximizes the green space to the degree that is feasible and acceptable. The Project's scope of
services does not preclude any further determination by the City and shall be subject to the final
approval by the aforementioned committees. The Contractor's scope of services shall be
modified accordingly to meet these requirements.
Moreover, in order to implement the recommendations as expressed by the HOA, Bayshore
residents and the Commission to promote the preservation of green space, the originally
proposed 34 spaces as presented at the commission meeting of June 1, 2011 have been
reduced to nine (9) spaces. The City's Planning Department has determined that the parking
requirement for the Par 3 golf course is one (1) parking space per hole and therefore can be
reduced to 9 spaces and still meet the level of parking requirements for the Par 3 Golf Course
and its related facilities. Based on the interpretation of the current code, specifically Section
130 -37(c) which states "The parking space requirements for a use not specifically listed in this
section shall be the same as for a listed use which generates a similar level of parking demand"
the City has determined that nine (9) parking spaces will suffice and service the needs of the
Par 3 and its related facilities, strictly for their use. (see Attached Exhibit "A")
ADDITIONAL PARKING AT THE HEBREW ACADEMY
At the Design Review Board meeting held on September 6, 2010, the Hebrew Academy
presented the proposed plans for a new gymnasium building. As part of their proposed plans,
they indicate approximately 23 parking spaces to be located in "Area B" (east of the current play
courts) per the Settlement Agreement dated October 17, 1995, entered by the Hebrew
Academy and the City of Miami Beach. As part of this Settlement Agreement, the City has the
right to use the 23 parking spaces after school hours and on weekends as long as there is not a
special function being held at the Hebrew Academy.
CONSTRUCTION MANAGER AT RISK (CMR)
On July 13, 2011, the City Commission approved the issuance of an RFQ for a Construction
Manager at Risk Firm to Provide Pre - Construction Services and Construction Phase Services
Via a Guaranteed Maximum Price (GMP) Amendment for the Par 3 Golf Course Project.
The Capital Improvement Projects (CIP) staff has studied the use of Construction Management
at Risk (CMR) project delivery method for this project in lieu of a standard Design- Bid -Build
process, and recommends the CMR option as the most advantageous project delivery method
to successfully complete the redevelopment of the Par 3 golf course and related facilities. One
of the most important distinctions between the CMR project approach and the Design- Bid -Build
is that the CMR is selected based on the CMR firms qualifications. The CMR approach will give
the City the added value of having a qualified contractor evaluate the project documents for any
inconsistencies, errors and omissions between the various design disciplines and
constructability of the project.
Commission Memorandum — RFQ 41 -10/11 CMR for the Par 3 Golf Course Project
October 19, 2011
Page 3 of 5
The Project Team, consisting of the Owner (City), Design Professional and CMR work together
to produce a quality project with a design that is also buildable in an environment based on a
collaborative effort between the three parties in order to work out all the potential conflicts in the
project prior to construction.
The scope of the work for this project is to provide all materials, labor, equipment, supervision,
mobilization, overhead and profit required to redevelop the City's nine -hole Par 3 golf course as
well as parking and recreational facilities as specified in the Project. The Par 3 is bounded by
Prairie Avenue on the west, West 28 Street on the north, Pine Tree Drive on the east, and
Miami Beach Senior High School, the Public Works Yard and the Hebrew Academy on the
south.
The CMR shall review Project requirements, existing on -site and off -site development, surveys
and preliminary budget, and make recommendations to the City for revisions. The CMR shall
prepare a Project Schedule in accordance with the Contract Documents and in coordination with
the City and the Architect/Engineer, identifying all phases, critical path activities, and critical
duties of each of the Project team members. The CMR shall review the permitted set of plans
and advise the City and the Architect/Engineer regarding the constructability of the design and
of any errors, omissions, or conflicts it discovers. The CMR shall prepare an outline of
proposed bid packages and detailed cost estimates, and advise the City regarding trends in the
construction and labor markets that may affect the price or schedule of the Project. The CMR
shall attend all Project related meetings. The CMR's Preconstruction Services shall be provided,
and the City shall compensate the CMR for such services, based upon a fixed fee. At the
conclusion of the Preconstruction Services Phase, the CMR shall, provide the City a proposal
for a GMP Amendment for construction phase services and without assuming the duties of the
Architect/Engineer, warrant to the City, that the plans, specifications and other Contract
Documents are consistent, practical, feasible and constructible, and that the Project is
constructible within the contract time.
The City's latest estimate of probable cost for the project, including the Par 3 golf course and
related facilities and tennis courts, is $2,900,000.
RFQ PROCESS
RFQ No. 41 -10/11 was issued on July 19, 2011, and the Procurement Division uploaded the
document to BidSync and Bidnet, as well as e- mailed the RFQ, sending it to over 75 firms. This
outreach resulted in the receipt of proposals from the following five (5) firms: KemperSports &
Duininck; Landscapes Unlimited, LLC; QGS Development, Inc.; RyanGolf Corporation; and The
Weitz Company.
On August 8, 2011, the City Manager via Letter to Commission No. 198 -2011 appointed an
Evaluation Committee (the "Committee "), consisting of the following individuals.
Greg Carney Golf Advisory Committee Member and Resident
Christina Cuervo CIPOC Member and Resident
Maria Hernandez Sr. Capital Projects Coordinator, CIP Department
Alberto Pozzi General Manager, Professional Course Management
Kevin Smith Director, Parks and Recreation Department
Silvia Winitzky Co- President Bayshore HOA and Resident
Alternate:
Bert Cabanas Capital Projects Coordinator, CIP Department
Commission Memorandum — RFQ 41 -10/11 CMR for the Par 3 Golf Course Project
October 19, 2011
Page 4 of 5
A commissioner had requested an additional member be added to the Committee with
knowledge of construction. The CIP office designated Janette Fernandez Arencibia to
participate. Also, due to sudden health issues with Alberto Pozzi, he was unable to participate
on the Committee.
The Committee convened on August 19, 2011, and was provided with an overview of the
project, information relative to the City's Cone of Silence Ordinance and the Government in the
Sunshine Law. The Committee listened to a brief overview and participated in a question and
answer session with each of the five (5) Proposers.
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFQ, which was as follows, for a total possible 100 points:
• The experience, qualifications, quality control and assurance plan, and portfolio of the
Principal Firm - 20 points
• The experience, qualifications and portfolio of the Project Manager, as well as his /her
familiarity with this project and a thorough understanding of the methodology and design
approach to be used in this assignment — 25 points
• The experience and qualifications of the professional personnel assigned to the Project
Team as well as their familiarity with this project and a thorough understanding of the
methodology and design approach to be used in this assignment -20 points
• Willingness to meet time and budget requirements as demonstrated by past performance,
methodology and approach — 20 points
• Past performance based on quality of the Performance Evaluation Surveys and the
Administration's due dilligence based upon reference checks performed of the Firm(s)
clients — 10 points
• Risk Assessment Plan that reflects a clear understanding of project objectives; a thorough
review of existing conditions; familiarity with the project site; a thorough understanding of all
permitting and regulatory requirements and impacts; and other considerations that may
impact the design and construction of the proposed improvements — 5 points
The Committee discussed the proposals and proceeded to score and rank as follows:
Greg Christina Janette Maria Kevin Silvia Ranking
Carney Cuervo Fernandez Hernandez Smith Winitzky of Firm
Arencibia
QGS
Development 100 (1) 97 (1) 99 (1) 99.8 (1) 93 (1) 95 (1) 6
Weitz 98 (3) 95 (3) 96 (2) 94.9 (2) 80 (4) 90 (2) 16
Company
RyanGolf 99 (2) 96 (2) 85 (3) 87.9 (3) 88 (2) 70 (5) 17
Landscapes
Unlimited 80 (4) 91 (4) 81 (4) 66.7 (5) 82 (3) 75 (3) 23
KemperSports 79 (5) 84 (5) 75 (5) 79.7 (4) 77 (5) 73 (4) 28
& Duininck
Commission Memorandum — RFQ 41 -10/11 CMR for the Par 3 Golf Course Project
October 19, 2011
Page 5 of 5
The Committee Members all stated that it was a difficult scoring and ranking process, as they
believed all five (5) firms were very capable of providing the required services. After
deliberating, the Committee unanimously ranked QGS Development, Inc. (QGS) as the top -
ranked firm.
QGS is one of the leading golf course contractors in the State of Florida. QGS has many years
of experience providing construction management services as well as constructing golf courses
in the United States and Internationally. The firm self performs most of their work, and has
experience with working with McCumber Golf, the firm that was selected to redesign the Par 3
project in early 2010. The proposal submitted by QGS offered a flexible schedule, continuous
outreach to the neighboring community, and working closely with the City on project decisions.
QGS has experience working with the City as they performed the renovation and
reconconstruction on the Normandy Golf Course, and completed the project within schedule
and budget. The references relative to the Normandy project are excellent, as are their
references overall on all of their projects.
The Weitz Company has extensive construction manager at risk experience nationally and
locally, performing in excess of $595 million on 58 projects in the last five (5) years in the state
of Florida alone. They also have extensive golf course renovation experience on several large
and small projects, completing over 72 projects in the past ten (10) years.
Weitz has worked with McCumber Golf, and has excellent references. Their proposal and
presentation demonstrated that they performed their research on the neighborhood and the
project and had a professional approach.
RyanGolf has extensive experience constructing and renovating golf courses nationally and
locally, having worked on over 80 projects in the past ten (10) years, and their references are
excellent. They self - perform most of their work and their proposal and presentation
demonstrated their understanding of the project and their team had a very solid methodology
and approach.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the attached
Resolution, which recommends the acceptance of the ranking of firms pursuant to RFQ # 41-
10/11, and authorizes the Administration to enter into negotiations with the top- ranked firm of
QGS Development, Inc., and if the Administration is unable to negotiate an agreement with the
top- ranked firm, authorize the Administration to negotiate with the second - ranked firm of The
Weitz Company, and if the Administration is unable to negotiate an agreement with the second -
ranked firm, authorize the Administration to negotiate with the third - ranked firm of RyanGolf
Corporation. Notwithstanding the preceding, the City Manager further recommends that the
subject Resolution be subject to and contingent upon approval of a proposed Settlement
Agreement by the City and the Bayshore Homeowners Association, Inc, to that certain litigation
entitled, Bayshore Homeowners Association, Inc, vs. City of Miami Beach Case No. 07 -42998
CA 30.The aforestated Settlement Agreement is also scheduled to be considered at the
Commission meeting prior to consideration of this item.
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