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2015-28998 Reso RESOLUTION NO. 2015-28998 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2015-129-ME, FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT ("PROJECT"); AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH CLARK CONSTRUCTION GROUP, WITH SAID AGREEMENT SUBJECT TO PRIOR APPROVAL BY THE MAYOR AND CITY COMMISSION BEFORE FINAL EXECUTION THEREOF. WHEREAS, Request for Proposals No. 2015-129-me (the RFP)was issued on March 2, 2015, with an opening date of April 9, 2015; and WHEREAS, a voluntary pre-proposal meeting was held on March 19, 2015; and WHEREAS, the City received one (1) proposal from Clark Construction Group; and WHEREAS, on April 15, 2015, the City Commission authorized the Administration to eliminate the RFP Evaluation Committee and open the sealed fee proposal and estimated General Conditions costs submitted by the sole proposer, to permit the City Manager to proceed with the due diligence process and make a recommendation to the City Commission concerning award; and WHEREAS, after reviewing the Proposer's qualifications and submission, the City Manager exercised his due diligence and is recommending that the Mayor and City Commission authorize the Administration to enter into negotiations with Clark Construction Group. 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 accept the recommendation of the City Manager pertaining to Request for Proposals (RFP) No. 2015-129-ME, for Construction Manager at Risk Services for the Miami Beach Convention Center Renovation and Expansion Project; and authorizes the Administration to negotiate an agreement with Clark Construction Group, the sole proposer to the RFP, with said agreement subject to prior approval by the Mayor and City Commission before final execution thereof. PASSED AND ADOPTED this 9 day of T Ki 2015. ATTEST: Rafael E. Granath e., '• */,'hilip Levi. e, • " • . APPROVED AS TO * * s , ;�✓ FORM&LANGUAGE :INCORP ORATED: &FOR EXECUTION ../p&o 4%'0 City Atto Y' Date • 111 X 26 , . ��. • MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members • the City Co I ission FROM: Jimmy L. Morales, City Manager DATE: April 29, 2015 SUBJECT: A RESOLUTION OF THE MAYO' AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2015-129-ME, FOR CONSTRUCTION MANAGER AT RISK SERVICES FOR THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT ("PROJECT"); AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH CLARK CONSTRUCTION GROUP, WITH SAID AGREEMENT SUBJECT TO PRIOR APPROVAL BY THE MAYOR AND CITY COMMISSION BEFORE FINAL EXECUTION THEREOF. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Improve alliance with key business sectors, namely hospitality, arts & international business with a focus on enhanced culture, entertainment & tourism. BACKGROUND On February 11, 2015, the City Commission elected to re-bid the Project under a Construction Manager-at-Risk (CMR) project delivery method, an approach that allows for the continued development of the design for the Project with the benefit of input from the Construction Manager prior to establishment of the Guaranteed Maximum Price (GMP) for the Project, currently anticipated to occur on or about October, 2015. A request for proposal was issued on March 2, 2015, advertised and emailed to national and local construction management firms. Proposals were due on April 9,2015. Only one proposal was received from Clark Construction ("Clark"). On April 15, 2015, the City Commission authorized the Administration to eliminate the RFP Evaluation Committee and open the sealed fee proposal and estimated General Conditions costs submitted by the sole proposer, to permit the City Manager to proceed with the due diligence process and make a recommendation to the City Commission concerning award. ANALYSIS Firm Experience: The Clark proposal meets all of the requirements of the RFP. Clark has extensive public assembly experience that includes 15 major convention center projects (shown below). Clark reports to have - Agenda Item R7t Date 4-29-is Request for Proposals (RFP) No. 2015-129-ME for Construction Manager at Risk Services April 24, 2015 Page 2 of 4 built convention center projects.totaling $4.7 billion with over 20 million square feet as well as other public assembly venues with convention and meeting space. Project Name/Completion Date Role Total Sq Ft Music City Center, Nashville (2013) CM at Risk 2,100,000 Lead JV Partner Knoxville Convention Center(2002) CM at Risk 480,000 Lead JV Partner Boston Convention & Exhibition Center(2004) CM at Risk 1,700,000 Lead JV Partner Orange County Convention Center Phase V Expansion, Orlando (2003) CM at Risk 2,800,000 Walter E. Washington Convention Center, D.C. (2003) CM at Risk 2,300,000 McCormick Place South Building, Chicago(1996) Design/Build 2,900,000 Lead JV Partner McCormick Place West Expansion, Chicago(2007) Design/Build 2,600,000 Lead JV Partner Wisconsin Center, Milwaukee(1999) Design/Build 680,000 Palm Beach County Convention Center, West Palm Beach (2003) General 346,000 Contractor Los Angeles Convention Center Expansion (1993) Design/Build 2,700,000 Miami Beach Convention Center Expansion (1991) General 1,100,000 Contractor Pasadena Convention Center Expansion (2009) General 302,500 Contractor Henry B. Gonzalez Convention Center Expansion, General 865,000 Phase I, San Antonio(2001) Contractor Memphis Cook Convention Center Expansion (2003) CM at Risk 335,000 San Diego Convention Center Expansion (2016) CM at Risk 1,000,000 Lead JV Partner Project Manager Experience: Mark Eames is the proposed Lead Project Manager for the Project. Mr. Eames has over 25 years experience in the construction industry including experience with large, complex convention center projects. Mr. Eames has been involved in three convention center projects and a large convention center hotel expansion project, including: • Music City Center, Nashville (2013) • McCormick Place West Expansion, Chicago (2007) • Boston Convention & Exhibition Center(2004) • Hyatt Regency McCormick Place Expansion (2013) Request for Proposals(RFP) No. 2015-129-ME for Construction Manager at Risk Services April 24, 2015 Page 3 of 4 Mr. Eames was the Project Manger for the Boston Convention & Exhibition Center project. Clark reports the three convention center projects that Mr. Eames was heavily involved were under budget with considerable cost savings. Other Team Members: In addition to the Lead Project Manager, Clark has assembled a project team of key individuals that includes a Project Superintendent, Assistant Project Manager, Preconstruction Manager, Quality Control Manager, Safety Manager, and a Director of Sustainable Solutions. Clark has teamed with local construction contractor Facchina Construction. Some of Facchina's recent local projects include the New World Center, Pennsylvania Avenue Parking Garage, Grove at Grand Bay, American Airlines Arena, Espirito Santo office tower and Florida International University's Parking Garage. Financial Strength: Clark provided financial statements indicating total assets of $1.6 billion and gross revenues $3.6 billion in 2014. Clark provided letters of surety bonding capacity adequate for the Project from Travelers, Chubb Group, and Zurich. CMR Fee Proposal: Clark has proposed a CMR fee equating to 3.95% of the work they manage. This equates to a fee of approximately $19 million based on the current budget. Preliminary research indicated market fees for these services typically range from 2.75% to 3.0%. Heretofore, the City has budgeted a 3% CMR fee, which equates to $14.6 million based on the current budget. It is hoped that Clark is willing to negotiate a fee that is more consistent with the City's budget. Pre-Guaranteed Maximum Price ("GMP") Services Proposal: The CMR Contract incorporates three key contractual phases: 1. The contract that the City Commission will act upon in May of 2015 will focus on; i) the CMR Fee, ii) a fixed price to not exceed for pre-GMP services (May 2015 through October 2015), and iii) the general contractual terms and conditions. 2. In October of 2015, the City Commission will consider a "GMP Amendment" that will be the result of the pre-GMP services, a six-month process to agree upon a GMP, including Clark's long-term staffing costs to manage the construction. 3. The project will then be competitively bid over the next several months. Any savings as a result of the competitive bidding, below the GMP, is contemplated to be spilt 75% to the City and 25% to Clark. This is a major advantage over the prior design-build process in that now the $400+ million worth of construction trade subcontracts will be competitively bid pursuant to an "open book" contracting process, and not merely part of one design-build lump sum. In addition, the bidding to the trades following the GMP Amendment in October, 2015 will be based on much further-completed design packages, thereby bringing greater certainty to the bid process and pricing that better reflects the costs actually required to complete the Project. Clark has proposed a Pre-GMP Services Fee of $3,669,799. This includes $2,424,269 for staffing, $530,530 for expenses, and $715,000 for"profit and overhead". The City has budgeted $2,500,000 for pre-GMP Services based on discussions with leadership of other similar projects. Request for Proposals (RFP) No. 2015-129-ME for Construction Manager at Risk Services April 24, 2015 Page 4 of 4 • Staffing - The $2,424,269 in staffing cost provides for roughly 19 full-time equivalents for six months. This equates an average annual cost of$255,186 per person. • Expenses — The $530,530 relates to office/trailers and related expenses. These are budget amounts and actual City cost will be based on actual expenses incurred. • Profit & Overhead — The profit and overhead of $715,000 is a 24% mark up on the staffing and expenses. This is very high and inconsistent with the proposed CMR fee of 3.95%. It is hoped that Clark is willing to negotiate a Pre-GMP Fee that is more consistent with the City's budget and prevailing industry rates. CONCLUSION / RECOMMENDATION The Administration recommends that the Mayor and City Commission direct the Administration enter into negotiations with Clark Construction related to Request for Proposals (RFP) No. 2015- 129-ME for Construction Manager at Risk Services for the Miami Beach Convention Center Renovation and Expansion Project. JLM/JS/MH T:\AGENDA\2015\April\MBCC\MBCC CMR Permission to Negotiate-MEMO.docx