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2011-27794 Reso RESOLUTION 2011-27794 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. 42-10/11, 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 BANDSHELL PARK FACILITY; AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM, D. STEPHENSON CONSTRUCTION, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED FIRM, HARBOUR CONSTRUCTION, INC.; 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, KM PLAZA; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PRE-CONSTRUCTION SERVICES. WHEREAS, on July 13, 2011, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No 42-10/11, 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 Bandshell Park Facility; and WHEREAS, the RFQ was issued on July 15, 2011, with an opening date of August 10, 2011, and WHEREAS, a pre-qualification meeting to provide information to prospective proposers was held on July 22, 2011, and WHEREAS, Bidsync sent notices to prospective proposers which resulted in the receipt of thirteen (13) proposals by Azulejo, Inc., BDI Construction Company, Coastal Construction, Inc., Complete Endeavors, Inc., D Stephenson Construction, Inc., Florida Construction and Engineering, Inc., H.A. Contracting, Corp , Harbour Construction, Inc., Kaufman Lynn Construction, Inc., KM Plaza, Stobs Bros Construction Co , Team Contracting, Inc., Thornton Construction Company, Inc., and WHEREAS, the City Manager, via a Letter to Commission (LTC) No 238-2011, appointed the following individuals as Evaluation Committee (the "Committee") members • Thomas DeLuca, Design Review Board member • Rhonda Gracie, Landscape Project Coordinator, Parks and Recreation Department • Margarita Cepeda, Executive Director of UNIDAD • Joyce Meyers, Principal Planner, Planning Department • Thais Vieira, Capital Projects Coordinator, CIP Office with the following individuals also appointed as Committee alternates • Grace Escalante, Senior Capital Projects Coordinator, CIP Office • Maria Koller, Beautification Committee member • John Oldenburg, Assistant Director, Parks and Recreation Department WHEREAS, the Committee convened on November 4, 2011, to discuss their individual perceptions of each prospective bidder's qualifications, experience, and competence and shortlisted the following firms • D Stephenson Construction, Inc • Harbour Construction, Inc. • Kaufman Lynn Construction, Inc. • KM Plaza WHEREAS, the Committee on November 4, 2011, reconvened to score and rank the shortlisted firms and voted to recommend to the City Manager D Stephenson Construction, Inc. as the top-ranked firm, Harbour Construction, Inc as the second-ranked firm, and KM Plaza as the third-ranked firm, and WHEREAS, after considering the review and recommendation of the Evaluation Committee, the City Manager exercised his due diligence and carefully considered the specifics of this RFQ process, and WHEREAS, as a result, the City Manager recommends to the Mayor and City Commission that the City enter into negotiations with the top-ranked firm of D Stephenson Construction, Inc , and should the Administration not be able to negotiate with the top-ranked firm, the Administration should negotiate with the second-ranked firm of Harbour Construction, Inc., and should the Administration not be able to negotiate with the second- ranked firm, the Administration should negotiate with the third-ranked firm of KM Plaza, and further authorize the Mayor and City Clerk to execute an agreement for pre-construction services 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 accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No 42-10/11, 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 Bandshell Park Facility; authorizing the Administration to enter into negotiations with the top-ranked firm of D Stephenson Construction, Inc., and should the Administration not be able to negotiate with the top-ranked firm, the Administration should negotiate with the second-ranked firm of Harbour Construction, Inc., and should the Administration not be able to negotiate with the second-ranked firm, the Administration should negotiate with the third-ranked firm of KM Plaza, and further authorize the Mayor and City Clerk to execute an agreement for pre-construction services PASSED AND ADOPTED THIS I/fh DAY OF Dectmhec 2011. ATTEST: Po k 0 • ,‘„._ B e4171,11, /§6:401//ed/ CITY CLERK �P.. _ •'" 0 YOR INCORP ORATED'$ c, APPROVED AS TO ;' FORM&LANGUAGE 4R...•......�°F &FOR EXECUTION Ci v ttorne `, Date COMMISSION ITEM SUMMARY Condensed Title 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 42-10/11, 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 Bandshell Park Facility; and Authorizing the Administration to Enter into Negotiations with the Top-Ranked Firm, D Stephenson Construction, Inc., and Should the Administration Not Be Able to Successfully Negotiate an Agreement with the Top-Ranked Firm, Authorizing the Administration to Negotiate with the Second-Ranked Firm, Harbour Construction, Inc., 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, KM Plaza, and Further Authorizing the Mayor and City Clerk to Execute an Agreement for Pre-Construction Services. 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 Mayor and City Commission adopt the Resolution? Item Summary/Recommendation. The Bandshell Park, located on Collins Avenue, between 72nd and 73`d Streets,will be undergoing a renovation that consists of new walkways and enhanced circulation, a wider promenade, widening of the 73`d Street sidewalk, new walkway linking the park to the North Beach Recreation Corridor at 72nd Street, new landscaping and irrigation, new urban elements including seating, tables, bike racks,water fountains,trash receptacles, new security lighting, and a new marquee for the park. The Construction Manager at Risk shall be tasked to work with the Design Professional to advise the City of the constructability of the design and provide value engineering of the Design Professionals documents. The CMR will check the quality of the documents and advise the City of the most efficient and economical way to build the project pursuant to the City's goals and objectives. The end result is a Guaranteed Maximum Price(GMP)from the CMR. This is subject to restrictions in change order requests and minimizes, or eliminates, additional costs to the City In order to ensure that the City is successful in negotiating the best value for this project, the City will hire an independent Construction Estimator to provide assistance in validating the CMR's construction costs according to the current market. On July 15,2011,the RFQ was issued with an opening date of August 10,2011 A pre-proposal meeting to provide information to prospective proposers was held on July 22, 2011 Bidsync issued bid notices to prospective bidders which resulted in the receipt of 13 bids. The City Manager, via a Letter to Commission (LTC) No 238-2011, appointed an Evaluation Committee (Committee) which on November 4, 2011, convened to shortlist the proposals. The Committee reconvened on November 28, 2011, to score and rank the shortlisted firms. Upon completion of the presentations and interviews, the Committee discussed their individual perceptions of each prospective firm's qualifications, experience, and competence in order to score and rank each accordingly to develop its recommendation to the City Manager based on their scores and ranking As a result, D Stephenson Construction, Inc. received all four first-place votes D. Stephenson Construction, Inc. D Stephenson Construction, Inc. has been providing CMR services in South Florida for over 19 years. This company also specializes in general construction, design-build, and various construction management approaches. Notable CMR projects include renovations to the Broward County Courthouse, Broward Sheriffs Office, and the NFL Yet Center at Gwen Cherry Park. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds 1 N/A OBPI Total Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Fernando Vazquez ext.6135 Sign-Offs Department D' •r' " " Assistant anager City Manager GL FV DB JMG T\AGENDA\12-14-11\Regul- RFQ 42-10-11-CM @R Bandshell Park ummary doc tr/ MIAMIBEACH AGE IQAITEM c N DATE 12-f t(-I 114 MIAMI BEACH 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 December 14, 2011 SUBJECT 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. 42- 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 BANDSHELL PARK FACILITY; AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED FIRM, D. STEPHENSON CONSTRUCTION, INC.; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND- RANKED FIRM, HARBOUR CONSTRUCTION, INC.; 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, KM PLAZA; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PRE-CONSTRUCTION SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolution BACKGROUND The Bandshell Park, located on Collins Avenue, between 72nd and 73rd Streets, will be undergoing a renovation that consists of new walkways and enhanced circulation, a wider promenade, widening of the 73rd Street sidewalk, new walkway linking the park to the North Beach Recreation Corridor at 72nd Street, new landscaping and irrigation, new urban elements including seating, tables, bike racks, water fountains, trash receptacles, new security lighting, and a new marquee for the park. CIP staff has studied the use of Construction Manager at Risk (CMR) project delivery method for this project in lieu of a standard Design-Bid-Build process, and recommended the CMR option as the most advantageous project delivery method to successfully complete the renovation of the Bandshell Park. One of the most important distinctions between the CMR and the Design-Bid-Build project approaches is that the CMR is selected based on the CMR firm's 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-42-10/11 — Construction Manager at Risk Services for the Bandshell Park Facility December 14, 2011 Page 2 of 7 This project delivery method also minimizes additional costs from the Contractor, including change orders and time extensions, since the GMP amendment prohibits most project cost adjustments Under this approach, time is of the essence to the Contractor because there will be no compensation considered for delays 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 (3) three parties in order to work out all the potential conflicts in the project prior to construction To this end, the CMR firm is contracted to perform pre-construction services and provide, at the City's request or option, a Guaranteed Maximum Price (GMP) and certifies, by signing the GMP contract with the City, that the CMR firm can build the project for the GMP The City has requested pre-construction services as follows. • Constructability and Value Engineering • Review of Onsite and Offsite Conditions • Scheduling • Bidding (GMP submittal & Negotiations) The Construction Manager at Risk shall be tasked to work with the Design Professional to advise the City of the constructability of the design and provide value engineering of the Design Professionals documents The CMR will check the quality of the documents and advise the City of the most efficient and economical way to build the project pursuant to the Owners goals and objectives The end result is a Guaranteed Maximum Price (GMP) from the CMR. This is subject to restrictions in change order requests and minimizes, or eliminates, additional costs to the City In order to ensure that the City is successful in negotiating the best value for this project, the City will hire an independent Construction Estimator to provide assistance in validating the CMR's construction costs according to the current market. The "Best Value" Procurement process will be used to select a firm with the necessary experience and qualifications, as well as demonstrating the ability, capacity and proven past successful performance in providing CMR services The review/evaluation process to be utilized is one of "Best Value" Procurement which, in addition to price, takes into consideration past performance of the bidder's team on previously completed projects, the Risk Assessment Plan/Value Added Submittal (RAPNAS) prepared for this project (and submitted with the bid), and qualifications of the bidder's key personnel (based on presentations/interviews conducted by the technical review panel, as further set forth in the evaluation criteria) The City's construction budget for the renovation of the Bandshell Park is approximately $800,000 SCOPE OF SERVICES The CMR's Scope of Services shall include, without limitation, all of the preconstruction services set forth below and, upon approval by the City of the Guaranteed Maximum Price (GMP) and as contemplated in any GMP Amendment(s), all of the construction services required to complete the work in strict accordance with the Contract Documents, and to deliver the project to the City at or below the GMP and within the Contract time Commission Memorandum — RFQ-42-10/11 — Construction Manager at Risk Services for the Bandshell Park Facility December 14, 2011 Page 3 of 7 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 (NE), 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 successful firm will be tasked with the following duties and responsibilities: Task 1 — Coordination with the Design Professional: In providing the services described in this Agreement, the CMR shall maintain a working relationship with the NE However, nothing in this Agreement shall be construed to mean that the CMR assumes any of the responsibilities or duties of the NE The CMR shall be solely responsible for construction means, methods, techniques, sequence and procedures used in the construction of the Project and for the safety of its personnel, property, and operations in accordance with the CMR's Agreement with the City The NE is responsible for the design requirements of the Project as indicated in the Agreement between the City and the NE The CMR's services shall be rendered in conjunction with and in cooperation with the NE's services under the City It is not intended that the services of the NE and the CMR be competitive or duplicative, but rather be complementary Task 2 — Review of Design Documents, Scheduling, Estimating, and Cost Control: The CMR, as a result of the review of the design documents and recommendations provided to the City, shall be fully responsible for the coordination of the drawings with the written specifications This includes but is not limited to, the CMR's review of the construction documents in coordination of the drawings and specifications themselves, with the existing buildings and sites to ensure proper coordination and constructability, lack of conflict and to minimize unforeseen conditions The CMR shall, during this phase, be responsible for the proper identification and location of all utilities, services, and other underground facilities which may impact the Project. The CMR agrees specifically that no Contract Amendments shall be requested by the CMR or considered by the City for reasons involving conflicts in the documents, questions of clarity with regard to the documents, and incompatibility, or conflicts between the documents and the existing conditions, utilities, code issues and unforeseen underground conditions Task 3 — Bid and Award Phase: The CMR shall prepare a Subcontractor's Prequalification Plan in compliance with the requirements currently determined by the City The CMR shall submit to the City the CMR's list of pre-approved sub-contractors for each element of the Work to be sub-contracted by the CMR. This list shall be developed by the execution by the CMR of the sub-contractor's Pre-qualification Plan noted above The City reserves the right to reject any sub-contractor proposed for any bid to be considered by the CMR Any claims, objections or disputes arising out of the Pre-qualification Plan or list, are the responsibility of the CMR Commission Memorandum — RFQ-42-10/11 — Construction Manager at Risk Services for the Bandshell Park Facility December 14, 2011 Page 4 of 7 The CMR shall hold harmless, indemnify, and defend the City, its employees, agents, and representatives in any matter arising out of the pre-qualification plan and/or the sub-contractor's list, except where the sole cause of the matter is a City directed decision Task 4 — Guaranteed Maximum Price (GMP): After taking, reviewing and identifying the proposals from the responsive and responsible sub-contractors, the CMR shall propose to the City, a GMP, which shall be the sum of the proposed sub-contracts and the CMR's General Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency amount. The GMP shall be the full and complete amount for which the CMR agrees to go forward from the receipt of sub-contract bids to the full completion of the Project. Prior to acceptance and execution of the GMP, the CMR shall submit a Best Value quality control plan that identifies risks and potential risks that the CMR does not control, or risk that is impacted by factors that the CMR does not control, and includes the CMR's plan to minimize that risk. A risk would be any existing or potential condition, situation or event that could negatively impact the project's cost, schedule, quality and the City's expectations Upon acceptance and execution of the GMP proposal, by the City, the CMR shall enter into sub- contract agreements with the sub-contractors selected for the amounts included in the GMP Proposal for that sub-contract work, and shall function as a General Contractor and comply with the Contract Documents accordingly with regard to the Project as well as a CMR with regard to other services required by the Contract Documents Task 5— Construction Phase:Once the City has accepted the GMP, the City will issue a GMP Amendment which will include the Contract for Construction CMR activities shall include, but are not limited to • Coordinating site construction management services including but not limited to regular job site meetings, maintaining daily on-site project log and schedule reports, overseeing quality assurance, testing and inspection programs, monitoring construction management staff and sub-contractor work performance for deficiencies, maintaining record copies of all contract documents, change orders and other documentation on site, and overseeing construction management staff and subcontractor safety programs • Staffing each assigned project in a satisfactory manner As a minimum, the CMR site personnel during the construction phase will include a project manager, a full- time project superintendent and project administrative personnel The CMR shall provide site personnel that are competent, English-speaking and able to communicate effectively • Updating and maintaining master project schedules, detailed construction schedules, submittal schedules, inspection schedules and occupancy schedules • Preparing a schedule of values associated with the identified bid package and submitting it for approval by the Architect and City's representative(s) All payment requests must be in accordance with the schedule of values approved • Processing payment requests for approval by the Architect and the City's representative(s) • Processing any change orders due to scope and modifications and submitting them for approval by the Architect and the City's representative(s), including a cost estimate of the proposed change • Processing requests for information and coordination with the Architect. • Providing construction program accounting and reporting to the City as required • Monitoring for the presence of existing asbestos containing building materials and certify to the City that no asbestos containing material has been used Commission Memorandum — RFQ-42-10/11 — Construction Manager at Risk Services for the Bandshell Park Facility December 14, 2011 Page 5 of 7 • Providing monthly progress reports to the City • Submitting exception-based status reports, associated with the Best Value Quality Control Plan, addressing conditions, situations, and events that introduce risk to the project, in terms of cost, schedule, quality, and City's expectations, and including the CMR's plan to mitigate the risk (s) • Coordinating with the Architect and City representative(s) the substantial and final inspections, prior to the Architect's approval and issuance of the Certificate of Substantial Completion Task 6 — Post-Construction Phase: The CMR will coordinate project closeout, start—up and transition to operations, per the contract for Construction Activities include but are not limited to • The CMR shall coordinate project close-out, start-up and transition to operations • The CMR will coordinate with the NE to provide a complete project record including project manual and CADD drawings to show all construction changes, additions, and deletions compared to the Construction Document (CADD disks will be provided to the CMR by the Architect) • The CMR will coordinate with the City to prepare the Certificate of Final Inspection • The CMR will obtain and review for completeness, have corrected if necessary, and submit to the City, following the A/E's approval, all Warranties, Operations and Maintenance Manuals, and other such documents • The CMR is responsible for Warranties and Guaranties • The CMR will complete all punch-list items generated by Contractor during their inspections • The CMR will coordinate and conduct the Occupancy Evaluation and Warranty Inspection RFQ PROCESS On July 15, 2011, the RFQ was issued with an opening date of August 10, 2011 A Pre- proposal meeting to provide information to prospective proposers was held on July 22, 2011 Bidsync issued bid notices to prospective bidders which resulted in the receipt of the following thirteen (13) bids • Azulejo, Inc. • BDI Construction Company • Coastal Construction, Inc. • Complete Endeavors, Inc • D Stephenson Construction, Inc. • Florida Construction and Engineering, Inc. • H.A. Contracting, Corp • Harbour Construction, Inc • Kaufman Lynn Construction, Inc. • KM Plaza • Stobs Bros Construction Co • Team Contracting, Inc. • Thornton Construction Company, Inc. Commission Memorandum — RFQ-42-10/11 — Construction Manager at Risk Services for the Bandshell Park Facility December 14, 2011 Page 7 of 7 • Harbour Construction, Inc. • Kaufman Lynn Construction, Inc. • KM Plaza The Committee reconvened on November 28, 2011, to score and rank the shortlisted firms Upon completion of the presentations and interviews, the Committee discussed their individual perceptions of each prospective firm's qualifications, experience, and competence in order to score and rank each accordingly to develop its recommendation to the City Manager based on their scores and ranking As a result, D Stephenson Construction, Inc. received all four first- place votes as noted below RFQ 42-10/11 Evaluation Committee Final Ranking (Scoring) DeLuca Gracie Meyers Vieira Total D Stephenson Construction 1 (99) 1 (95) 1 (98) 1 (98) 4 (390) Harbour Construction 3 (97) 2 (95) 3 (96) 2 (96) 10 (384) KM Plaza 2 (98) 3 (93) 2 (97) 3 (94) 10 (382) Kaufman Lynn Construction 4 (97) 4 (90) 4 (94 4 (88) 16 (369) D. Stephenson Construction, Inc. D Stephenson Construction, Inc. has been providing CMR services in South Florida for over 19 years This company also specializes in general construction, design-build, and various construction management approaches. Notable CMR projects include renovations to the Broward County Courthouse, Broward Sheriff's Office, and the NFL Yet Center at Gwen Cherry Park. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution accepting the recommendation of the City Manager pursuant to Request for Qualifications (RFQ) No 42-10/11, for a construction manager at risk (CMR) to provide pre- construction services and construction phase services via a Guaranteed Maximum Price (GMP) Amendment for the Bandshell Park Facility; and authorizing the Administration to enter into negotiations with the top-ranked firm, D Stephenson Construction, Inc , and should the Administration not be able to successfully negotiate an agreement with the top-ranked firm, authorizing the Administration to negotiate with the second-ranked firm, Harbour Construction, Inc , 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, KM Plaza, and further authorizing the Mayor and City Clerk to execute an agreement for pre-construction services T 1AGENDA12011\12-14-11\RFQ 42-10-11-CM @R Bandshell Park -MEMO.docx Commission Memorandum — RFQ-42-10/11 — Construction Manager at Risk Services for the Bandshell Park Facility December 14, 2011 Page 6 of 7 Complete Endeavors, Inc. submitted a proposal, however, was disqualified for failing to provide any information addressing the minimum requirements for the RFQ The City Manager, via a Letter to Commission (LTC) No 238-2011, appointed an Evaluation Committee (Committee) consisting of the following individuals • Thomas DeLuca, Design Review Board member • Rhonda Gracie, Landscape Project Coordinator, Parks and Recreation Department • Margarita Cepeda, Executive Director of UNIDAD • Joyce Meyers, Principal Planner, Planning Department • Thais Vieira, Capital Projects Coordinator, CIP Office The following individuals were also appointed as Committee alternates • Grace Escalante, Senior Capital Projects Coordinator, CIP Office • Maria Koller, Beautification Committee member • John Oldenburg, Assistant Director, Parks and Recreation Department EVALUATION PROCESS On November 4, 2011, the Committee convened to shortlist the proposals and unanimously nominated Thais Vieira as Committee Chair In determining the most qualified firms, the Committee discussed each firm's proposal based on the criteria noted in the RFQ below Total Points.' . ... :Criteria- 25 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 20 The experience, qualifications, quality control and assurance plan, and portfolio of the Principal Firm 20 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 Willingness to meet time and budget requirements as demonstrated by past performance, methodology and approach 10 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 5 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 The Committee discussed their individual perceptions of each prospective bidder's qualifications, experience, and competence to shortlist the following firms • D Stephenson Construction, Inc