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2015-28952 Reso RESOLUTION NO. 2015-28952 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE WITHDRAWAL OF REQUEST FOR PROPOSAL (RFP) NO. 2014-187-SR FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF- WAY INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF RFP NO. 2015-133-YG FOR THESE SAME SERVICES. WHEREAS, Request for Proposal No. 2014-187-SR (the RFP) was issued on May 19, 2014, with an initial opening date of June 26, 2014; and WHEREAS, a voluntary pre-proposal meeting was held on June 3, 2014; and WHEREAS, on June 9th, 2014, Addendum No. 1 was published indicating that the project had been delayed until further notice; and WHEREAS, the reason for this hold was to allow for AECOM, the City's Flood Mitigation Consultant, to review and update the Design-Criteria in order to accommodate the City's new enhanced stormwater criteria, thereby making the project consistent with current City drainage projects; and WHEREAS, on or about November of 2014, the project was further delayed pending the identification of additional funds needed for the financial impact of the enhanced stormwater criteria; and WHEREAS, given the amount of time that has passed since the RFP was issued, it is in the City's best interest to withdraw the current RFP and authorize the issuance of a new RFP No. 2015-133-YG which will incorporate the updated Design-Criteria as well as changes to the selection process; and WHEREAS, it is expected the updated Design-Criteria will be made available to the City Commission for review via a Letter to Commission ("LTC") prior to the March 11th City Commission meeting. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the withdrawal of Request for Proposal (RFP) No. 2014-187-SR for Design/Build Services for Neighborhood No. 8: Central Bayshore Right-of-Way Infrastructure Improvements and authorizing the issuance of RFP No. 2015-133-YG for these same services. PASSED AND ADOPTED this 1/ day of RarC42015. ATTEST: vanarrrh / ".. ,.. j/, / Rafae E. Gran.do, Ci y CI •r1�.� ��� '•L-_ �� a . APPROVED AS TO T:\AGENDA\2015\March\Procurement\ ath rayval.• •-8?- .gnBuild Svcs-Central NGUAGE Improvements-RESO.doc S INCORP ORATED. .7 F &FOR EXECUTION �` City Attorney Date COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE WITHDRAWAL OF REQUEST FOR PROPOSAL (RFP) NO. 2014-187-SR FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF RFP NO. 2015-133-YG FOR THESE SAME SERVICES. Key Intended Outcome Supported: Ensure Reliable Stormwater Management And Resiliency Against Flooding By Implementing Select Short And Long-Term Solutions Including Addressing Sea-Level Rise Supporting Data(Surveys, Environmental Scan, etc.: N/A Item Summary/Recommendation: Request for Proposal No. 2014-187-SR (RFP) for Design/Build Services Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements was issued on May 19, 2014, with an initial opening date of June 26, 2014. A voluntary pre-proposal meeting was held on June 3, 2014. On June 9th, 2014, Addendum No. 1 was published indicating that the project had been delayed until further notice. The reason for this hold was to allow for AECOM, the City's Flood Mitigation Consultant, to review and update the Design-Criteria in order to accommodate the City's new enhanced stormwater criteria, thereby making the project consistent with current City drainage projects. On or about November 2014, the project was further delayed pending the identification of additional funds needed for the financial impact of the enhanced stormwater criteria. Given the amount of time that has passed since the RFP was issued, it is in the City's best interest to withdraw the current RFP and authorize the issuance of a new RFP No. 2015-133-YG which will incorporate the updated Design-Criteria as well as changes to the Evaluation Methodology and Determination of Award sections which have been revised to include a two-step process. It is expected that the updated Design-Criteria will be made available to the City Commission for review via a Letter to Commission ("LTC") prior to the March 11th City Commission meeting. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida authorize the withdrawal of Request for Proposal (RFP) No. 2014-187-SR for Design/Build Services for Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements and authorizing the issuance of RFP No. 2015-133-YG for these same services. ADOPT THE RESOLUTION. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 N/A 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: epartme •4r for Assistant id�'� an•ger City 1 :i a er �p APL DM A. M I ' JLM .� V`- , i T:WGEN n•\2015\March\Proc4rement\Withdrawal of RFP N`, 201-- :7-SR DesignBuild Svcs - Ce( .1 Bayshore ROW Improve ents-SUMMARY.doc � MIAMIBEACH AGENDA ITEM R1 aATE 3-II- l.� MIAM I BEAC H City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSI ei N MEMORANDUM TO: Mayor Philip Levine and Members of e City Co fission FROM: Jimmy L. Morales, City Manager DATE: March 11, 2015 SUBJECT: A RESOLUTION OF THE MAYOR \ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHO IZING THE WITHDRAWAL OF REQUEST FOR PROPOSAL (RFP) NO. 2014-187-SR FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF RFP NO. 2015-133-YG FOR THESE SAME SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Ensure Reliable Stormwater Management And Resiliency Against Flooding By Implementing Select Short And Long-Term Solutions Including Addressing Sea-Level Rise BACKGROUND Request for Proposal No. 2014-187-SR (RFP) for Design/Build Services Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements was issued on May 19, 2014, with an initial opening date of June 26, 2014. A voluntary pre-proposal meeting was held on June 3, 2014. On June 9th, 2014, Addendum No. 1 was published indicating that the project had been delayed until further notice. The reason for this hold was to allow for AECOM, the City's Flood Mitigation Consultant, to review and update the Design-Criteria in order to accommodate the City's new enhanced stormwater criteria, thereby making the project consistent with current City drainage projects. On or about November 2014, the project was further delayed pending the identification of additional funds needed for the financial impact of the enhanced stormwater criteria. Given the amount of time that has passed since the RFP was issued, it is in the City's best interest to withdraw the current RFP and authorize the issuance of a new RFP No. 2015-133- YG which will incorporate the updated Design-Criteria as well as changes to the Evaluation Methodology and Determination of Award sections which have been revised to include a two- step process. It is expected that the updated Design-Criteria will be made available to the City Commission for review via a Letter to Commission ("LTC") prior to the March 11th City Commission meeting. SCOPE OF SERVICES Please Reference RFP 2015-133-YG for Design/Build Services Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements (attached). Commission Memorandum —Withdrawal of RFP 2014-187-SR and issuance of RFP 2015-133-YG for Design/Build Services Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements March 11, 2015 Page 2 MINIMUM QUALIFICATIONS Please Reference RFP 2015-133-YG for Design/Build Services Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements (attached). MINIMUM DOCUMENTATION SUBMITTAL REQUIREMENTS Please Reference RFP 2015-133-YG for Design/Build Services Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements (attached). EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION Please Reference RFP 2015-133-YG for Design/Build Services Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements (attached). CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida authorize the withdrawal of Request for Proposal (RFP) No. 2014-187-SR for Design/Build Services for Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements and authorizing the issuance of RFP No. 2015-133-YG for these same services. ATTACHMENTS RFP 2015-133-YG for Design/Build Services Neighborhood No. 8: Central Bayshore South Right-of-Way Infrastructure Improvements. JLM /MT/ DM /AD/YG T:\AGENDA\2015\March\Procurement\Withdrawal of RFP No.2014-187-SR DesignBuild Svcs-Central Bayshore ROW Improvements-MEMO.doc MIAMIBEACH REQUEST FOR PROPOSALS DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS RFP No. 201 5- 133-YG RFP ISSUANCE DATE: MARCH 12, 2015 PRE-PROPOSAL MEETING DATE: MARCH 20, 2015 AT 10:00 AM PROPOSAL DUE DATE: APRIL 15,2015 AT 3:00 PM ISSUED BY: YUSBEL GONZALEZ, CPPB MIAM BEACH Alex Denis, Director DEPARTMENT OF PROCUREMENT 1700 Convention Center Drive, Miami Beach, FL 33139 305.673.7000 x 7490 I adenis @miamibeachfl.gov www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS PAGE PUBLIC NOTICE FOR PROPOSALS X 00100. GENERAL INSTRUCTIONS TO PROPOSERS X 00200. DEFINITIONS X 00300. INSTRUCTIONS TO PROPOSERS X 00305. EVALUATION METHODOLOGY X 00315. PROPOSAL SUBMISSION REQUIREMENTS X 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES X APPENDIXES: A. PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT...X B. "NO BID" FORM X C. BID TENDER FORM (COST PROPOSAL) X D. INSURANCE REQUIREMENTS X E. REQUIRED FORMS X F. SAMPLE CONTRACT X 2 1 RFP 2015-133-YG MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT Tel: 305.673.7490, Fax: 786.394.4006 PUBLIC NOTICE REQUEST FOR PROPOSALS(RFP) No.2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8:CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS Miami Beach, Florida The Design/Build Firm (DBF) will be responsible for engineering, design, permitting, construction, testing, and commissioning services associated with the work related to earthwork, pavement reconstruction, sidewalk construction, water main improvements, and storm drainage infrastructure installation.A Design Criteria package has been prepared which includes conceptual specifications and plans for the civil discipline. The work to be performed under this contract shall consist of providing all tools, equipment, material, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water and essential commutations, and performing all work, or other operations required for the fulfillment of the contract in strict accordance with the contract documents. The work shall be complete, and all work, materials, and series not expressly indicated, or called for in the contract documents, with may be necessary for the completion and proper design and construction of the work, in good faith shall be provided by the DBF. The proposed improvements to be performed for this project are based upon the Basis of Design report for Neighborhood No. 8 Bayshore prepared by CH2M Hill as amended, final plans for Construction—Central Bayshore(Package A) Right-of-Way Infrastructure Improvements Date 2010, as amended, and Design Criteria Package, Central Bayshore South dated March 2015. The DCP for this project shall be available in digital format CDs. Please call Yusbel Gonzalez, CPPB at 305.673.7490, or e-mail yusbelgonzalez @a,miamibeachfl.gov to secure a CD. The cost for these CDs is $20. One may purchase a CD through the Finance Cashier located on the 1St Floor in City Hall. Please make reference of the RFP number (RFP 2015-133-YG) and project name (DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS) to the Finance Cashier. After purchase, CDs are to be collected by the Proposer at the Procurement Office located on the 3rd Floor in City Hall with presentation of receipt from the Finance Cashier. A Pre-Proposal Conference, as further detailed in Section 0100-10 of the RFP is scheduled for AM/PM on ,2015 in the located at Sealed proposals will be received by the City of Miami Beach Department of Procurement Management, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on , 2015, for DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS(the Project). Sincerely, Alex Denis Director, Procurement Management Department 3 RFP 2015-133-YG MIAMI BEACH 0100. GENERAL INSTRUCTIONS TO PROPOSERS: 1. General: This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, scope of work, technical approach, and price Proposals (the "Proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) who will be the DESIGN/BUILD FIRM that enters into Contract with the City if this RFP results in an award. For purposes of this RFP, the terms "DESIGN/BUILD FIRM (DBF)", "PROPOSER", "PRIME PROPOSER", "FIRM" are used interchangeably and shall refer to the firm that will contract with the City for the performance of the design services and work for the project. The City utilizes Public Purchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through Public Purchase must register immediately with Public Purchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of Proposal submitted. 2. Purpose: By means of this RFP, the City seeks to contract with a Design/Build Firm for Right-of-Way Infrastructure Improvements to Neighborhood No. 8: Central Bayshore South. Proposals received pursuant to this RFP will be evaluated in a two-phased process (Phase I and Phase II). Phase I Proposers will be evaluated in accordance with the criteria established in Section 0305 for Phase I Evaluation. Following City Commission selection of the short- listed proposers pursuant to Phase I of the RFP, the short-listed proposers will be allotted approximately 45 days to prepare a detailed technical proposal for the Project. Following Phase I short-listing and prior to receipt of proposals pursuant to Phase II, the City may issue further information and clarifications via Addenda to the short-listed proposers, including (but not limited to) any amendments to the Design Criteria Package, cost tender form, form of contract, and other informational items or requirements necessary for the short-listed proposers to submit its Phase II proposals. Additionally, the City will conduct a pre-submittal conference with short-listed proposer to facilitate project understanding and consider any project specific questions from the short-listed proposers. Phase II proposals will be evaluated in accordance with the criteria established in Section 0305 for Phase II Evaluation. Following City Commission approval of the City Managers recommendation pursuant to Phase II, the City will enter into contract negotiations and execution. 3. Scope of Work: The Design/Build Firm (DBF) will be responsible for the design and construction associated with the work related to earthwork, pavement reconstruction, sidewalk construction, water main improvements, and storm drainage infrastructure installation.A Design Criteria package has been prepared which includes conceptual specifications and plans for the civil discipline. The work to be performed under this contract shall consist of providing all tools, equipment, material, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water and essential commutations, and performing all work,or other operations required for the fulfillment of the contract in strict accordance with the contract documents. The work shall be complete, and all work, materials, and series not expressly indicated, or called for in the contract documents, with may be necessary for the completion and proper design and construction of the work, in good faith shall be provided by the DBF. The proposed improvements to be performed for this project are based upon the Basis of Design report for Neighborhood No. 8 Bayshore prepared by CH2M Hill as amended, final plans for Construction — Central Bayshore (Package A) Right-of-Way Infrastructure Improvements Date 2010, as amended, and Design Criteria Package, Central Bayshore South dated March 2015. 4 RFP 2015-133-YG MIAMI BEACH The proposed improvements include but are not limited to the construction of the infrastructure site work for Neighborhood No. 8- Central Bayshore South including, but not limited to, demolition, site preparation, earthwork, storm drainage, stormwater pump station, stormwater outfall adjustments, road paving and restoration, concrete sidewalks repairs and valley gutters, and water distribution. The Design/Build Firm shall provide and pay for all labor, materials, tools, construction equipment, and other ancillary facilities necessary for proper execution, testing, commissioning, and final restoration work required for the functional and satisfactory delivery of the work. Any Work and services which may be reasonably assumed as necessary to accomplish this objective, including but not limited to furnishing shafts, coffer cells, utility relocation, bypass schemes, maintenance of traffic plans,and site shall be supplied by the Design-Builder. Proposed Budget: The City of Miami Beach's Capital Improvement budget for the proposed project is$10.5 Million. 4. Project Duration: The Design/Build Firm must complete the Work by the following durations, which exclude the warranty administrative period. • Design &Permitting Phase: 120 Days from the issuance of Notice to Proceed 1 (NTP1) • Substantial Completion: 240 Calendar Days from the issuance of applicable permits. • Final Completion: 30 Calendar Days from date of attaining Substantial Completion. If the Design/Build Firm does not achieve Substantial Completion by the established Substantial Completion Contract Date, Liquidated Damages (LDs) will be assessed in the amount of$3,500.00 per calendar day, which will be paid to the City by the Design/Build Firm. If the Design/Build Firm does not achieve Final Completion by the established Final Completion Contract Date, LDs will be assessed in the amount of $1,400.00 per calendar day, which will be paid to the City by the Design/Build Firm. LDs will be cumulative if both the Substantial Completion Contract Date and the Final Completion Contract Date are exceeded. All assessments of LDs to the Design/Build Firm may be adjustments to payments due to the Design/Build Firm. 5. Location of Work: The Central Bayshore Neighborhood 8 is located with the mid-Beach area. The project limits (Central Bayshore — South) includes, but is not limited to the public rights-of-way (ROW) within all areas generally bounded by W. 28th Street to the south, Prairie Avenue to the west, Sheridan Avenue to the east and W. 34th Street to the north, as well as North Meridian Avenue between W. 28th Street and Dade Boulevard. 6. Design Criteria Package: The DCP for this project shall be available in digital format on CDs. Please call Yusbel Gonzalez at 305.673.7490, or e-mail yusbeloonzalez at miamibeachfl.gov to secure a CD. The cost for these CDs is $20. One may purchase a CD through the Finance Cashier located on the 1St Floor in City Hall. Please make reference of the RFP number (RFP 2015-133-YG) and project name (DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS) to the Finance Cashier. After purchase, CDs are to be collected by the Proposer at the Procurement Office located on the 3rd Floor in City Hall with presentation of receipt from the Finance Cashier. 5 1 RFP 2015-133-YG MIAMI BEACH 7. Minimum Requirements: In order for proposals to be deemed responsive, the Proposer must meet the minimum requirements set forth herein. Non-responsive proposals will be disqualified from consideration. 1. Design/Build Firm must be licensed as a General Contractor or Underground Utility Contractor in the State of Florida. Submittal Requirement: Submit a copy of the required license(s). 2. Design/Build Firm must have completed at least three (3) projects similar in scope and volume in the past ten (10) years demonstrating the Design/Build Firm's experience in Right of Way (ROW) and infrastructure improvements. Submittal Requirement: For each project, submit project name, brief description of project, date of completion, owner's representative, and owner's representative contact information. 3. Design/Build Firm must have completed at least five(5) projects similar in scope and volume demonstrating the Design/Build Firm's design-build project experience in the past ten (10) years. The required experience of five(5)similar projects in scope and volume can be combined experience of the Design/Building Firm and the team. Submittal Requirement: For each project, submit project name, brief description of project, date of completion,owner's representative,and owner's representative contact information. 4. Design/Build Firm must have completed three (3) projects similar in scope and volume demonstrating the Design/Build Firm's experience performing deep excavation/dewatering procedures in a coastal environment in the past ten (10)years. Submittal Requirement: For each project, submit project name, brief description of project, date of completion,owner's representative,and owner's representative contact information. 5. Lead Designer must have completed five(5)similar projects in the past ten (10)years. Submittal Requirement: For each project, submit project name, brief description of project, date of completion, owner's representative, and owner's representative contact information. 6. Design/Build Firm must submit documentation acceptable to the City that the Final Design team member is pre-qualified under Miami-Dade County, Internal Services Department, Procurement Management Services Division, for the following categories: •3.02- Highway Systems—Highway Design •3.09—Highway Systems—Signing, Pavement Marking, Channel •6.01 —W&S System—Water Distribution and Sanitary Sewage Collection •6.02—W&S—Major Water&Sewer Pumping Facility • 10.01 —Environmental Engineering—Stormwater Drainage Design • 16.00—General Civil Engineering Submittal Requirement: Submit a copy of the required pre-qualifications. 7. Proposer must have sufficient bonding capacity for a Payment and Performance Bond in an amount not less than$10 million. Submittal Requirement: Provide a letter from a Surety firm affirming that the Proposer has sufficient bonding capacity to provide performance and payment bonds in an amount not less than $10 million for the project. The Surety firm shall be rated by AM Best as to be no less than A- (Excellent) and within a Financial Size Category of no less than Category V ($10 - $25 million). The statement of bonding capacity shall be directly from the Surety firm on its official letterhead and signed by an authorized agent of the firm. 6 R F P 2015-133-Y G MIAMI BEACH 7.Anticipated RFP Timetable. The tentative schedule for this solicitation is as follows: Phase I-Qualifications RFP Issued -BDMARCH 12, 2015 Pre-Submittal Meeting TBDMARCH 20, 2015 AT 10:00 AM Deadline for Receipt of Questions TB-DAPRIL 6, 2015 AT 5:00 PM Responses Due T DAPRIL 15, 2015 AT 3:00 PM Selection Committee Meeting T-BDMAY 6, 2015(TENTATIVE) Commission Approval to Shortlist TB-DJUNE 10. 2015 Phase II—Technical Proposals Solicitation Issued to Short-Listed Proposers TBDJUNE 11,2015(TENTATIVE) Pre-Submittal Meeting TBDJUNE 19, 2015 AT 10:00 AM (TENTATIVE) Deadline for Receipt of Questions TBDJULY 17. 2015 AT 5:00 PM Proposals Due TBDJULY 28, 2015 AT 3:00 PM Selection Committee Meeting to Interview T-BDAUGUST 11. 2015 Commission Approval of Final Proposer TBDSEPTEMBER 9,,2015 8 Proposal Submission: One(1)unbound original proposal must be received on or before the date stipulated herein for the receipt of proposals. Additionally, seven (7) bound copies as well as a CD or flash drive copy of the complete proposal are to be submitted to the City. The original proposal and all copies must be submitted to the Department of Procurement in a sealed envelope or container stating on the outside, the Proposer's name, address, telephone number, RFP number, title, and due date. Any proposals received after time and date specified will be returned to the Proposer unopened. The responsibility for submitting a proposal before the stated time and date is solely and strictly the responsibility of the Proposer. The City is not responsible for delays caused by mail, courier service,traffic,weather or any other occurrence. 9. Procurement Contact: Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail: RafaelGranado @miamibeachfl.gov ; or facsimile: 786-394-4188. The RFP title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date Proposals are due as scheduled in Solicitation Timeline. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. Procurement Contact: Telephone: Email: Yusbel Gonzalez 305-673-7000 Ext 6230 yusbelgonzalez @miamibeachfl.gov 10. Pre-Proposal Conference: A VOLUNTARY Pre-Proposal Conference is scheduled for a.m./p.m. on 2015 in the located at Attendance (in person or via telephone) to this meeting is not mandatory but strongly encouraged. Proposers interested in participating in the meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER:4142489#(note that the number is followed by the pound (#) key). 7 RFP 2015-133-YG MIAMI BEACH 11. PRE-PROPOSAL INTERPRETATIONS: Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). Only questions answered by written addenda formally issued by the City will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of Proposal submitted. 12. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado @miamibeachfl.gov. 13. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 Note: Ordinances may be amended any time prior to the receipt of bids. The most recently approved ordinance or version shall apply. 8 1 RFP 2015-133-YG MIAMI BEACH 00200. DEFINITIONS: Please refer to Section 1,—"Certain Definitions and Incorporation of Contract Documents", in Appendix F. 00300. INSTRUCTIONS TO PROPOSERS: 1. Examination of Contract Documents and Site: It is the responsibility of each Proposer before submitting a proposal,to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Proposer's observations with the Contract Documents,and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Proposer knows or reasonably should have known. The submission of a proposal shall constitute an incontrovertible representation by Proposer that Proposer has complied with the above requirements and that without exception, the proposal is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre-Proposal Interpretations: Only questions answered by written Addenda will be binding and may supersede terms noted in this RFP. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director or designated representative in writing. Interpretations or clarifications considered necessary by the City in response to such questions will be issued by the City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Proposals. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to original proposal opening date stipulated in this solicitation. 3. Joint Ventures: Joint Ventures are not allowed. The City will contract with a Prime Contractor only. Each proposal shall be submitted by the Prime Contractor only. However, proposals may include sub-contractors or sub-consultants to the Prime Contractor. 4. Printed Form of Proposal: All proposals must be made upon the blank Proposal Tender Form included herein and must give the price in strict accordance with the instructions thereon. The proposal must be signed and acknowledged by the Proposer in accordance with the directions on the proposal form. 5. Acceptance or Rejection of Proposals: The City reserves the right to reject any or all proposals prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one- hundred twenty(120)calendar days after proposal opening date. A Proposer may not withdraw its proposal unilaterally nor change the Contract Price before the expiration of ninety(90)calendar days from the date of proposal opening. A Proposer may withdraw its proposal after the expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Contract by the City Commission. 4 1 RFP 2015-133-YG MIAMI BEACH 6. Determination Of Award: Pursuant to F.S. 287.055, the City shall first consider the qualifications of firms through the process outlined in Section 0305, Evaluation of ProcessEvaluation Methodology.The Evaluation of proposals shall proceed in a two-phase process: A. Phase I — Proposals will be evaluated in accordance with the criteria established in Section 0305 for Phase I Evaluation. Following the Phase I Evaluation Process, the City Manager may recommend to the City Commission no less than three respondents to be considered in Phase II. The number of respondents recommended to be short-listed for consideration in Phase II is solely at the discretion of the City Manager.B. Phase II—Short-listed Proposals will be evaluated in accordance with the criteria established in Section 0305 for Phase II Evaluation. The results of both Phase I and Phase II evaluations will be considered by the City Manager who may recommend to the City Commission the respondent(s) he deems to be in the best interest of the City, or may recommend rejection of all responses. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: a) The ability,capacity and skill of the proposer to perform the contract. b) Whether the proposer can perform the contract within the time specified, without delay or interference. c) The character, integrity, reputation,judgment,experience and efficiency of the respondent. d) The quality of performance of previous contracts. e) The previous and existing compliance by the proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation for each phase and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another proposer(or proposers) which it deems to be in the best interest of the City, or it may also reject all responses. Once the Phase II ranking is approved by the City Commission, the City will enter into contract negotiations with the top ranked firm. If the City and selected firm cannot agree on contractual terms, the City will terminate negotiations and begin negotiations with the next ranked firm, continuing this process with each firm in rank order until agreeable terms can be met or the procurement is terminated. Contract negotiations 9 P and execution will take place as quickly as possible after selection. 7. Evaluation:An interim performance evaluation of the successful Proposer may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful Proposer. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful Proposer for future proposals with the City. 8. Contract Price: The Contract Price is the Guaranteed Maximum Price agreed to by the Design/Build Firm and the City under this Contract, payable to complete the Work in accordance with the DCP, and as may be increased or decreased by Change Order. The Contract Price is to include the furnishing of all necessary design, labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s)of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s)is most applicable. 10 l RFP 2015-133-YG MIAMI BEACH 9. Postponement of Date for Presenting and Opening Proposals: The City reserves the right to postpone the date for receipt and opening of proposals and will make a reasonable effort to give at least five (5)calendar days written notice of any such postponement to each prospective Proposer. 10. Qualifications of Proposers: Proposals shall be considered only from Proposers which submit their proposal by the proposal's due date; Proposers who meet the "Minimum Requirements"; and Proposers that submit all required documentation as requested under this solicitation. In determining a Proposer's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial condition, experience record, personnel, equipment, facilities, principal business location and organization of the Proposer, the Proposer's record with environmental regulations, and the claims/litigation history of the Proposer. The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. 11. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7) calendar days prior to proposal opening. All addenda and other modifications made prior to the time and date of proposal opening shall be issued as separate documents identified as changes to the RFP. 12. Prevailing Wage Rates: [NIA] City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water,except water treatment facilities and lift stations; b. sewer,except sewage treatment facilities and lift stations; c. storm drainage; d. road construction,except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 13. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 13.1 The chemical name and the common name of the toxic substance. 13.2 The hazards or other risks in the use of the toxic substance, including: 13.2.1 The potential for fire,explosion,corrosion, and reaction; 13.2.2 The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 13.2.3 The primary routes of entry and symptoms of overexposure. 11 RFP 2015-133-YG MIAMI BEACH 13.3 The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 13.4 The emergency procedure for spills,fire, disposal, and first aid. 13.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 13.6 The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 14. Environmental Regulations: The City reserves the right to consider a Proposer's history of citations and/or violations of environmental regulations in investigating a Proposer's responsibility, and further reserves the right to declare a Proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its Proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which Proposer may receive after the Proposal opening date and during the time of performance of any contract awarded to it. 15. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant,equal in substance, quality and function. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR. 16. Protested Solicitation Award: Proposers that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Code Section 2-371, which establishes procedures for resulting protested proposals and proposed awards. Protest not timely pursuant to the requirements of the City Code shall be barred. 17. Financial Stability and Strength: The Proposer must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. In addition to other financial documents required to be submitted, the City may require, after receipt of proposals, that Proposers shall submit financial statements for each of their last two complete fiscal years within ten (10)calendar days, upon written request. Such statements should include, at a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the proposal submittal is from a joint venture, each Proposer involved in the joint venture must submit financial statements as indicated above. The City reserves the right to consider third-party information (e.g., Dun & Bradstreet's Supplier Reports or similar) in determination of capacity. 12 RFP 2015-133-YG MIAMI BEACH Any Proposer who, at the time of proposal submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency, may be declared non-responsive. 18. Veteran Business Enterprises: Pursuant to City of Miami Beach Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent(5%)of the lowest responsive, responsible Proposer, by providing such Proposer an opportunity of providing said goods or contractual services for the lowest responsive Proposal amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more Proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. Equal Benefits Code Provision: Proposers are advised that this Proposal and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of City Code Section 2- 373, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Code Provision")." The Code Provision applies to all employees of a DESIGN/BUILD FIRMwho work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. 13 1 RFP 2015-133-YG MIAMI BEACH 00305. EVALUATION METHODOLOGY The Evaluation Process will be conducted in two phases. PHASE I EVALUATION PROCESS 1. Two Step Evaluation. The evaluation of responsive proposals in Phase 1 will proceed in a two-step process. The first step (Step 1) will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step(Step 2) will consist of quantitative criteria established below to be added to the first step scores by the Procurement Department. The City reserves the right to engage the advice of its consultant, DCP or other technical experts in assisting the Evaluation Committee in the review of proposals received. The evaluation of responses will proceed in a two-step process, as set forth below. Step 1 will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. Step 2 will consist of the quantitative criteria established below, to be added to the Evaluation Committee results by the Procurement Department Management. 2. Phase I I Step 1 Evaluation (100 Points). An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. In doing so, the Evaluation Committee may: • review and score all proposals received, with or without conducting interview sessions; or • review all proposals received and short-list one or more Proposers to be further considered during subsequent interview session(s) (using the same criteria). Proposers will be evaluated on the following criteria(100 maximum possible points): • Project Team(30 Points) • Design/Build Firm Experience&Qualifications(40 Points) • Lead Designer Experience&Qualifications(30 Points) 3. Phase I I Step 2 Evaluation (10 Points). Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be added by the Procurement Department to those points earned in Step 1, as follows. • Veterans and State-Certified Service-Disabled Veteran Business Enterprise(5 points) • Prime Proposer Volume of Work (0-5 Points). Points awarded to the proposer for volume of work awarded by the City in the last three(3)years in accordance with the following table: Less than$250,000 5 $250,000.01 —$2,000,000 3 Greater than$2,000,000 0 14 I RFP 2015-133-YG MIAMI BEACH 4. Determination of Phase I Ranking. Phase 1/Step 1 scores (by the Evaluation Committee) and Phase 1/Step 2 scores(by the Procurement Department)will be converted to rankings in accordance with the following example: Proposer Proposer Proposer A B C Step 1 Points 82 76 80 Step 2 Points 10 7 5 Committee Total 92 84 85 Member 1 Rank 1 3 2 Step 1 Points 90 85 72 Step 2 Points 10 7 5 Committee Total 100 92 79 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 10 7 5 Committee Total 90 81 72 Member 2 Rank 1 2 3 Low Aggregate Score 3 7 8 Phase I Ranking 1 2 3 The City Manager may submit a recommendation to the City Commission to short-list one or more proposers at the conclusion of the Phase I evaluation. Following City Commission approval of the City Manager's recommendation pursuant to Phase I of the RFP,the short-listed proposers will be allotted approximately 45 days to prepare a detailed technical proposal for the Project. Following Phase I short-listing and prior to receipt of proposals pursuant to Phase II, the City may issue further information and clarifications via Addenda to the short-listed proposers, including (but not limited to) any amendments to the Design Criteria Package, cost tender form, form of contract, and other informational items or requirements necessary for the short-listed proposers to submit its Phase II proposals. Additionally, the City will conduct a pre-submittal conference with short-listed proposer to facilitate project understanding and consider any project specific questions from the short-listed proposers. Phase II proposals will be evaluated in accordance with the criteria established in Section 0305 for Phase II Evaluation. RFP 2015-133-YG MIAMIBEACH PHASE II EVALUATION PROCESS The Phase II evaluation process shall be completed by a Technical Review Committee, appointed by the City Manager,who may be different than the Evaluation Committee, who shall meet to evaluate each short-listed response and technical package in accordance with the criteria established below. In doing so, the Evaluation Committee will: a. Interview short-listed proposers, if deemed necessary. b. Receive input from a Technical Review by City Staff,the Design Criteria Professional, and other City advisors c. Recommend the Voluntary Alternate Proposals to accept, if any d. Score proposers utilizing the Evaluation Criteria Proposers will be evaluated on the following criteria(100 maximum possible points): • Technical Proposals(25 Points) • Subcontractor Experience&Qualifications(5 Points) • Approach &Methodology Plan(10 Points) • Project Schedule(10 Points) • Lowest Guaranteed Maximum Price(50 Points) Each proposed Guaranteed Maximum Price(GMP)shall be scored as follows: Sample Objective Formula for Cost Example Maximum Formula for Calculating Points Allowable Points (lowest cost I cost of proposal being evaluated X Total Points Vendor GMP (Points noted are for illustrative maximum allowable points=awarded points) Awarded purposes only.Actual points Round to are noted above.) Vendor A $100.00 20 X 2 0=2 0$1001$100 20 Vendor B $150.00 20 X 2 0=1 3$1001$150 13 Vendor C $200.00 20 $1001$200 X 20=10 10 Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Remainder of Page Intentionally Left Blank 16 I RFP 2015-133-YG MIAMI BEACH 00315. PROPOSAL SUBMISSION REQUIREMENTS 1. FORMAT FOR SUBMITTAL. Proposal packages must contain all the information requested in the following documents, each fully completed, and signed as required. Proposal packages 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 non-responsive. The City reserves the right to request any documentation omitted, with exception of the Proposal Price form. Proposer must submit the documentation within three (3) calendar days upon request from the City, or the proposal may be deemed non-responsive. Non-responsive proposal packages will receive no further consideration. Proposers may not dictate the circumstances under which the documents are deemed to be confidential. Only the State Legislature may determine which public records are subject to disclosure and which are not. Moreover, a private party cannot render public records exempt from disclosure merely by designating as confidential the material it furnishes to the City. The desire of the private party to maintain privacy of certain materials filed with the City is of no consequence unless such materials fall within a legislative created exemption to Chapter 119, Florida Statutes. 2. CONTENTS AND FORMAT OF PROPOSAL. To facilitate review of proposals, Proposers are requested to submit proposals in the format stipulated in this section, including clearly identifying each proposal section (tab). PHASE I RESPONSE FORMAT In order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittals should be bound and tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposers should prepare their submittal on 8.5 x 11 paper. Please feel free to include other materials, such as covers, appendices, brochures, etc. at your discretion. The recommended number of pages the City desires for each submittal item is indicated below. These are recommendations only and actual pages may exceed the recommendation. The City reserves the right to require additional information to determine financial capability. Proposer shall have ten 10)calendar da s respond to such a request. TAB 1 Executive Summary 1. Cover Page, Letter, and Table of Contents. The cover letter must indicate Prime Proposer and be signed by same. 2. Proposal Overview. Provide a brief summary describing your firm's, experience and qualifications, staff that will be assigned to this project, and any other relevant information. (recommend 2-3 pages) 3. Minimum Requirements: Submit verifiable information documenting compliance with the Minimum Requirements in Section 0100, Paragraph 6. TAB 2 Project Team Prime Proposer shall submit a design-build team organizational structure that has a sufficient number of professionals and other personnel to perform the work, including: 1. Organizational Chart.An organizational chart depicting the structure and lines of authority and communication. A narrative that describes the intended structure regarding project management, accountability and compliance with the terms of the RFP. 2. Key Personnel. Identify all key personnel, including the Project Manager, who will be assigned to the Project and their intended functions and responsibilities. Also indicate the percentage of time commitment of each key 17 1 RFP 2015-133-YG MIAMI BEACH person on this Project. 3. Resumes. Resumes of the team's key personnel who will be assigned to the Project that demonstrate their experience and qualifications, education and performance record.At a minimum, the Prime Proposer shall include the above listed information for the following proposed project team members: a. Design/Build Project Manager b. Lead Designer Design Manager c. Construction Superintendent 4. Evidence Of Prior Working Experience. Submit evidence that the proposed team has successfully collaborated on prior projects. For each project, submit project name, brief description of project, date of completion, owner's representative, and owner's representative contact information. 5. Other. Provide any other information the Proposer believes will help the City understand and evaluate the team's capabilities. TAB 3 Design/Build Firm(Prime Proposer) Experience&Qualifications Qualifications of Firm. Describe experience and qualifications of the Prime Respondent in providing the services detailed herein. 1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. (recommend 1 page) 2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience and qualifications with the services detailed herein. Provide a table that includes the following information: agency name, project name, type of project (right-of-way, design/build, etc.), percentage completed, anticipated completion date,your firm's role(i.e.design/build, lead designer, lead constructor). (recommended 1 page) 3. Relevant Experience: Summarize the company's most similar projects of comparable size and scope where similar services to those described in this RFP have been provided. Projects must illustrate familiarity with all of the following aspects: underground utility construction, pipe tapping, storm water collection and disposal, and site concrete work. All projects must demonstrate experience with existing traveled roads where traffic must have been maintained. Projects must have a minimum of$1,000,000 each. For each project include: a. Project name and location b. Project description c. Date of project completion d. Awarded contract amount and final contract amount e. Explanation of differences between awarded and final contract amounts, if difference exceeded 5% f. If right-of-way improvement, please indicate if it included utility installations, pavement restoration, and streetscaping. g. Indicate firm's role in the project(design/builder, lead designer,or lead constructor). h. If applicable, a brief description of how the Prime Proposer maintained operations while under construction. i. The names of the key project managers, highlighting any individuals who also worked on this project. j. Reference contact information(including name, address, telephone number and e-mail address). 4. Safety Record: Provide the firm's Experience Modification Rate (EMR) data for the previous three (3) full calendar years (2011, 2012, and 2013) on a firm-wide basis, which shall be documented by a signed letter with contact information from the firm's insurance carrier,or the insurance carrier's agency representative. 5. Dun & Bradstreet Supplier Qualifier Report: Design/Build Firm shall pay D&B to send the Supplier Qualifier Report (SQR) to the City through electronic means yusbelgonzalez @miamibeachfl.gov. The cost of the preparation of the D&B report shall be the responsibility of the Proposer. The proposer can request the report 1S RFP 2015-133-YG MIAMI BEACH from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 6. Insurance: Provide a letter from Proposer's insurer on the insurer company letterhead that the insurer can provide levels of coverage to the Proposer as indicated in Appendix E—Insurance Requirements. 7. MinorityNVomen-owned Business Enterprise (MWBE) or Small/Disadvantaged Business Enterprise (S/DBE). Submit certification from either The State of Florida Office of Supplier Diversity or Miami Dade County. TAB 4 ; Lead Designer Experience&Qualifications Qualifications of Firm. Describe experience and qualifications in providing in providing the services detailed herein. 1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. (recommend 1 page) 2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience in providing the services detailed herein. Provide a table to include the following information: agency name, project name, type of project, percentage completed, anticipated completion date, your firm's role (i.e. lead designer) (recommend 1 one page). 3. Florida Registration: Provide evidence of professional registration pursuant to Chapter 287.055, Florida Statues,the Consultants Competitive Negotiations Act(CCNA). 4. Relevant Experience: Summarize the company's most similar projects in providing the services detailed herein. Projects must illustrate familiarity with neighborhood/right-of-way related construction. For each project include: a. Project name and location b. Project description c. Date of project completion d. Awarded contract amount and final contract amount e. Explanation of differences between awarded and final contract amounts, if difference exceeded 5% f. Years project designed (or"Under Design") g. The names of the key project architects, highlighting any individuals who will also work on this project h. Reference contact information(including address, telephone number and e-mail address). TAB 85 Forms Provide Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. The Certification, Questionnaire & Requirements Affidavit (Appendix A) must be signed by the Prime Proposer. 19 RFP 2015-133-YG MIAMI BEACH PHASE II RESPONSE FORMAT(TECHNICAL PROPOSAL) In order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittals should be bound and tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposers should prepare narratives, specification etc. on 8.5 x 11 paper. All Plans shall be provided bound flat not in a 3-ring binder with 11"x17"paper containing a title block, drawing titles, dated and numbered. Please feel free to include other materials, such as covers, appendices, brochures,etc. at your discretion. Due Diligence and Site Inspections: It is the responsibility of each Proposer, before submitting the Phase II proposal, to: • Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work; • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance,furnishing of the Work, or award; • Study and carefully correlate Proposer's observations with the RFP; and The submission of a proposal shall constitute an incontrovertible representation by proposer that proposer has complied with the above requirements and understands all terms and conditions for performance and furnishing of the Work. The City reserves the right to require additional information to determine financial capability. Proposer shall have ten (10)calendar days respond to such a request. TAB 1 Project Technical Proposal The Technical Proposal shall document team's understanding of the project, major design elements, materials and methods. The Technical Proposal shall be developed using narratives,tables, charts, plots, drawings and conceptual sketches as appropriate. The technical proposal shall be insufficient detail to allow the City to evaluate its compliance with the design criteria package, including major systems and requirements. TAB 2 Subcontractor Experience&Qualifications Qualifications of Key Subcontractors. For each key construction subcontractor (whose value of work exceeds $500,000)describe experience and qualifications as detailed below. 1. Company Information: Provide background information, including company history, years in business, number of employees, and any other information communicating capabilities and experience. (recommend 1-2 pages) 2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience and qualifications with the Services detailed herein. Provide a table that includes the following information: agency name, project name,type of project right-of-way, design/build, etc.),work assigned. (recommended 1 page) 3. Relevant Experience: Summarize five(5)of the company's most similar projects of comparable size and scope where similar construction services have been provided. Please list similar sanitary sewer force main projects first followed by other relevant project experience. Projects must illustrate familiarity with: traffic control, maintenance of access for pedestrians to businesses or residences, underground utility construction, erosion control and storm water pollution prevention measures, drainage collection and/or disposal system, irrigation systems,and landscape planting (recommend 1 page per project) For each project include: a. Project name and location b. Project description c. Date of project completion d. Reference contact information 20 RFP 2015-133-YG MIAMI BEACH TAB 3 Approach &Methodology Plan Proposer shall, at a minimum, address the following factors: 1. The Proposer shall illustrate complete understanding of the scope of work for all components of the project. The narrative shall address methodology, sequencing, maintenance of traffic(MOT) and phasing of the various work efforts. 2. The Proposer shall describe the efforts involved in coordinating with all utilities including but not limited to Florida Power and Light(FPL),AT&T and Atlantic Broadband (ABB). 3. Proposer shall clearly detail and present its approach to all required permitting issues, including but not limited to, water distribution system, stormwater drainage system, street lighting system, landscaping etc., relative to the applicable agency(ies) and entity(ies), e.g. City of Miami Beach, SFWMD, FDOT, FDEP, USACOE, Miami-Dade County RER, Fl. Dept.of Health,etc. 4. Proposer shall describe their Quality Assurance / Quality Control Plan ("QA/QC Plan") for the Work, including design, construction, coordination, implementation and completion of the Project. The Proposer shall explain its QA/QC Plan and the plan for any of its subconsultants or Subcontractors, namely the policies and procedures that will be used to assure the complete and the accurate management of the Project. 5. Proposer must perform at least sixty percent(60%)of the construction work with the firm's own forces. 6. Proposer shall provide summary narrative inclusive of the proposer's project understanding, scheduling including key performance and success factors, and the proposed design and construction approach which highlights the main attributes and benefits of this approach. 7. Proposer shall describe the technical approach, and provide calculations and drawings as applicable, to sufficiently demonstrate the following: a. Typical plan and profile of neighborhood streets, roadway cross sections. b. Anticipated utility or structure relocations, if required. c. Planned supplementary geotechnical investigations, or environmental/contamination surveys/assessments by the proposer to support or validate the proposer's design approach, if any. 8. Proposer shall describe the project schedule approach utilizing the Critical Path Method a. Schedule shall utilize calendar days, b. Weekend and City Holidays shall not be considered work days 9. Proposer shall describe the planned environmental quality management approach by demonstrating the following: a. Approach to minimize community impacts from,construction noise,dust and vibration. b. Correcting any resultant settlement and /or damage to any existing structures that are a consequence of the Proposer's construction activities. c. Prevention or containment of any discharges from the existing force main during taping, or any other work performed in,on, or around the existing force main. d. Pre-treatment of construction water prior to disposal to ensure compliance with permit requirements. 9-10. It is the objective of the City that, at a minimum, 60%of the construction portion of the project defined herein shall be performed directly by the Prime Contractor (rather than through sub-contractors). To evaluate compliance with this objective, proposers shall submit a schedule, by Construction Specification Institute (CSI) Division, denoting which sections of the scope shall be performed directly by the Prime Contractor(with its own forces)and which sections are intended to be subcontracted. 21 R F P 2015-133-Y G MIAMI BEACH X11. Describe plan on how construction staging areas, pedestrian paths, vehicular traffic patterns, etc. will be handled in order to mitigate disruption. 'TAB 4 ' Project Schedule The Proposer shall submit a Preliminary CPM Project Schedule covering the period from NTP to Final Completion with the submittal which will be the initial Project Baseline Schedule. The Preliminary Project Schedule shall include all major design, permitting, procurement and construction, testing and commissioning activities and meet the stated Contract Dates and any other suggested major milestones. Activities shall indicate their associated phasing and dependence with other activities, and highlight the main, coordination efforts and issues requiring the City's involvement and necessary reviews. At a minimum, the Preliminary Project Schedule must address the following milestones and activities: Design Schedule&Submittals Design Phase Reviews by the City—Assume 4 weeks Community Involvement Permitting Utility Coordination/Relocation Start and completion of Construction,Testing and.Commissioning Substantial Completion and Final Completion Dates for all Work. TAB 5 I Guaranteed Maximum Price Submit a Guaranteed Maximum Price (GMP)for delivering the completed Project consistent with the Design Criteria Package. Utilize Appendix D—Cost Tender Form to submit your GMP. RFP 2015-133-YG MIAMI BEACH 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue of this construction as part of the Contract is as follows: The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the proposal. 1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15)days of notification of intent to award. 2. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: a)If the Contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License • 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Contractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH YOUR PROPOSAL RESPONSE Remainder of Page Intentionally Left Blank 23 1 RFP 2015-133-YG MIAMI BEACH CITY OF MIAMI BEACH REQUEST FOR PROPOSALS(RFP) No. 2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8:CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS Note: The Proposer shall obtain and pay for all permits required for execution of the work; provided however,that the City will waive Public Works Department Right-of-Way permit fees. PERMITS I. MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES(RER) (formerly DERM). • Class II Surface Water Permit • Class V Dewatering Permit • Drainage Well Permit • File Notice of commencement with SFWMD and RER II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(FDEP) • Notice of Intent to Use Generic Permit for Storm Water Discharge from Large and Small Construction Activities • National Pollutant Discharge Elimination System(NPDES) permit III. MIAMI-DADE TRAFFIC ENGINEERING DEPARTMENT IV. MIAMI-DADE WATER AND SEWER DEPARTMENT(WASD) V. FLORIDA POWER AND LIGHT(FPL) VI. CITY OF MIAMI BEACH PUBLIC WORKS DEPARTMENT • ROW Permit-Fee to be waived. • Building Department-Plumbing, Structural, Electrical- Fees to be waived with the exception of Dade County fees • Notice of Commencement Permit VII. SOUTH FLORIDA WATER MANAGEMENT DISTRICT(SFWMD) Remainder of Page Intentionally Left Blank 24 1 RFP 2015-133-YG APPENDIX A 111= MIAMI BEACH Proposal Certification , Questionnaire & Requirements Affidavit REQUEST FOR PROPOSALS ( RFP) No . 2015- 133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROCUREMENT DIVISION 1700 Convention Center Drive Miami BeacM1, Florida 33139 25 RP ]015-133-vG Solicitation No: Solicitation Title: 2.015-133-YG REQUEST FOR PROPOSALS (RFP) No. 2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS Procurement Contact: Tel: Email: Yusbel Gonzalez 305-673-7000 Ext. 6230 yusbelgonzalez @miamibeachfl.gov PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Employees: No of Years in Business: No of Years in Business Locally: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 26 I RFP 2015-133-YG 1. Veteran Owned Business. Is Proposer claimin a veteran owned business status? - - —YES - -- -NO— — ---- — - -- SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name &Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Management Department with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 7. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: 27 I RFP 2015-133-YG • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr — — with health-benefits,and$12.92/hr without benefits. — -- -The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurement/. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005- 3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 28 I RFP 2015-133-YG Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently_enacted or as amended from time to time, _states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, Proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, Proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 10. Have you ever failed to corn lete any work awarded to you? If so,where and why? YES NO SUBMITTAL REQUIREMENT: If yes, submit information on project, agency, agency contact and reason why contractor failed to complete work. 11. Has a surety company ever intervened to assist a governmental agency or other client of the proposer in completing work that the proposer failed to complete? YES NO SUBMITTAL REQUIREMENT: If yes, submit owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have performed work, where your surety has intervened to assist in completion of the project,whether or not a claim was made. 12. Bankruptcy. Has the Proposer filed any bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. YES NO SUBMITTAL REQUIREMENT: If yes, list and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. 13. Litigation History. Has Proposer or any principal or employee of the Proposer (relating to professional endeavors only) been the subject of any claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor or anization(s)durin the last five(5)years. YES I NO SUBMITTAL REQUIREMENT: If yes, list all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. 14. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Government or subdivision or agency thereof? YES NO SUBMITTAL REQUIREMENT: If yes, list the specific cases and the charging agency. 29 I RFP 2015-133-YG 15. Principals. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest.—The term-"controlling financial interest"shall-mean the ownership, directly or indirectly, of 10% or more of the-- _ outstanding capital stock in any corporation or a direct or indirect interest of 10%or more in a firm. The term"firm"shall mean any corporation, partnership, business trust or any legal entity other than a natural person. 16. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in Proposal disqualification. Initial to Initial to Initial to Confirm Confirm Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum Addendum 10 15 If additional confirmation of addendum is required, submit under separate cover. Remainder of Page Intentionally Left Blank. 30 1 RFP 2015-133-YG -- DISCLOSURE AND DISCLAIMER SECTION, The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders, partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 31 I RFP 2015-133-YG PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's Proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged, discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any other Proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposers Authorized Representative: Date: State of FLORIDA ) On this day of , 20_, personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: 32 I RFP 2015-133-YG APPENDIX B trA M I AM I BEACH " No Bid " F REQUEST FOR PROPOSALS ( RFP No. 2 DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 Note: It is important for those vendors'who have received notification_of this-solicitation -.but have decided.not to respond, to`complete and submit the attached'"Statement of No Bid."The "Statement of;No.Bid" provides the City with information on how to•improve, the solicitation process- Failure to submit a'"Statement of No Bid" may result in not being notified=of future so-licitations.by the City. 33 I RFP 2015-133-YG Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do_ do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH DEPT. OF PROCUREMENT MANAGEMENT PROPOSAL#2015-133-YG 1700 Convention Center Drive MIAMI BEACH, FL 33139 34 I RFP 2015-133-YG 3n RFP 2015-133-YG APPENDIX C m MIAMI BEACH Cost Tender Form SAMPLE ONLY Actual Cost Tender Form shall be provided to short-listed firms at the conclusion of Phase I Evaluation. REQUEST FOR PROPOSALS ( RFP) No. 2015- 133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Fl Miami 33139 361 RFP 2015 133 vG APPENDIX D — COST TENDER FORM Section 1 — Certification. The undersigned, as Proposer, hereby declares that the only persons interested in this proposal as principal are named herein and that no person other than herein mentioned has any interest in this proposal or in the Contract to be entered into; that this proposal is made without connection with any other person, firm, or parties making a proposal; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Proposer further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the proposals, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the proposal; and that this proposal is submitted voluntarily and willingly. The Proposer agrees, if this proposal is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: REQUEST FOR PROPOSALS(RFP) No. 2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS The Proposer also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total proposal price plus alternates, if any, provided in the RFP Price Form in Section 00408 and to furnish the required Certificate(s) of Insurance. In the event of arithmetical errors between the division totals and the total base proposal in the RFP Price Form, the Proposer agrees that the total base proposal shall govern. In the event of a discrepancy between the numerical total base proposal and the written total base proposal, the written total base proposal shall govern. In absence of totals submitted for any division cost, the City shall interpret as no proposal for the division, which may disqualify the Proposer. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposers Authorized Representative: Date: State of FLORIDA ) On this day of , 20_, personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: I Section 2 — GUARANTEED MAXIMUM PRICE (GMP) FORM - SAMPLE REQUEST FOR PROPOSALS (RFP) No. 2015-133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTSFURTHER BREAKDOWN OF LINE ITEMS INDICATED MAY BE PROVIDED AT THE DISCRETION OF THE PROPOSER Item _ No, Item Description Lump SSum;Piite 1 Professional Services 2 General Conditions 3 Pavement and Streetscape Construction 4 Water and Sewer Construction 5 Stormwater Collection and Disposal Facility Construction 6 Allowance: Permit Fees $50,000.00 7 Consideration for Indemnification of City $25.00 8 Cost for compliance to all Federal and State requirements $25.00 of the Trench Safety Act Grand Total (numerical value) ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE. WRITTEN TOTAL: PROPOSER (Print): ADDRESS: CITY/STATE: ZIP: FEDERAL I.D. #: NAME/TITLE OF REPRESENTATIVE (Print): SIGNED: (I certify that I am authorized to execute this proposal and commit the proposing firm) 38 RFP 2015-133-YG APPENDIX D CI MIAMI BEACH Insurance Requirements REQUEST FOR PROPOSALS ( RFP) No . 2015- 1 33-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROCUREMENT DIVISION 1700 Convention Center Drive Miami BeacM1. Florida 33139 39 I RFP 2015-I33-vG trA M I AM I BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. The contractor shall furnish to Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability on a comprehensive basis, including Contractual Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. D. Professional (Design Errors & Omissions) Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. The policy must be endorsed to provide coverage for up to three (3) years after project completion. The policy is to be on a primary basis if other professional liability is carried. E. Installation Floater Insurance including coverage for material & equipment to be installed during the course of this project. City of Miami Beach shall be included as a Named Insured on this policy, as its insurable interest may appear. This policy shall remain in force until acceptance of the project by the City. All deductibles for insurance required in this Agreement are the responsibility of the Contractor. The coverage required above shall include a Waiver of Subrogation in favor of the City of Miami Beach. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida,with the following qualifications: The company must be rated no less than"B+"as to management, and no less than"Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. -701 RFP 2015-133-YG or The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3rd FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 41 I RFP 2015-133-YG APPENDIX E 4)1-,_ MIAMI BEACH Required Forms REQUEST FOR PROPOSALS ( RFP) No . 201 5- 133-YG DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 42 I RFP 2015-133-YG FORM 00520. SUPPLEMENT TO PROPOSAL TENDER FORM NON-COLLUSION CERTIFICATE Submitted this day of , 20_. The undersigned, as Proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the Proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The Proposer states that this proposal is based upon the documents identified by the following number: RFP 2015-133-YG. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) ---7772'10'77-1 33-YG FORM 00530. DRUG FREE WORKPLACE CERTIFICATION The undersigned Proposer hereby certified that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Proposer's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6). SIGNATURE PRINTED NAME TITLE (IF CORPORATION) 44 1 RFP 2015-133-YG FORM 00540. SUPPLEMENT TO PROPOSAL TENDER FORM TRENCH SAFETY ACT On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of the signature below, affirms that the Proposer is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Proposer and subcontractors. The Proposer is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL PROPOSAL PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH PROPOSAL ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Proposer further identified the costs and methods summarized below: Description Quantity U/M Unit Price Extended Price • Total (Attach lines as necessary.) SIGNATURE PRINTED NAME TITLE (IF CORPORATION) 45 E RFP 2015-133-YG APPENDIX F 6_-_1 MIAMI BEACH Sample Contract REQUEST FOR PROPOSALS ( RFP) No. 201 5- 133-YG DESIGN /BUILD SERVICES FOR NEIGHBORHOOD NO . 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, Florida 33139 46 I RFP 2015-133-YG DESIGN/BUILD AGREEMENT BETWEEN CITY OF MIAMI BEACH AND FOR DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS Resolution No. SAMPLE CONTRACT WILL BE PROVIDED PRIOR TO PHASE II EVALUATION