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2017-30021 ResolutionRESOLUTION NO, 2017-30021 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-204-KB, FOR DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE, TO KVC CONSTRUCTORS, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $22,465,009.00; AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $2,246,500.90; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH KVC CONSTRUCTORS, INC. WHEREAS, on September 14, 2016, the City Commission directed the Administration to issue a Request for Proposals (RFP) for design/build services for a new parking garage facility and related infrastructure for the Collins Park parking garage (the "RFP"); and WHEREAS, the RFP was released on September 16, 2016, with an opening date of November 4, 2016; and WHEREAS, pre-proposal conference to provide information to the proposers submitting a response was held on September 27, 2016; and WHEREAS, the RFP provided for a two-step, phased evaluation process; and WHEREAS, the Phase I selection process, related to the qualifications, experience and availability of the proposers and key members of the design-build team, including the lead designer and lead contractor; and WHEREAS, only those proposers short-listed during Phase I were authorized to proceed to Phase 11 of the RFP, in which price and detailed technical proposals, based on the approved Design Criteria Package (the "DCP"), would be considered; and WHEREAS, under Phase I, the City received proposals in response to the RFP from the following seven (7) firms: Burke Construction Group, Finfrock Construction, Inc., Kaufman Lynn Construction, KVC Constructors, Munilla Construction Management, Plaza Construction Group Florida, LLC, and Stiles Construction; and WHEREAS, on November 28, 2016, via LTC # 511-2016, the City Manager appointed the Evaluation Committee (the "Evaluation Committee"), which convened on December 19, 2016 to consider the proposals submitted under Phase I; and WHEREAS, the Evaluation Committee's Phase I rankings were as follows: 1) KVC Constructors; 2) Plaza Construction Group Florida, LLC; 3) Finfrock Construction, Inc.; 4) Kaufman Lynn Construction; 5) Burke Construction Group; 6) Munilla Construction Management; and 7) Stiles Construction; and WHEREAS, on January 11,2017, City Commission adopted Resolution No, 2017-29697 accepting the recommendation of the City, Manager pertaining to the ranking of proposals with respect to Phase I of the RFP selection process and authorized for (1) KVC Constructors, Inc., (2) Plaza Construction Group Florida, LLC, (3) Finfrock Construction, Inc., and (4) Kaufman Lynn Construction, to be further considered in Phase II of the RFP evaluation process; and 1NHEREAS, on April 13, 2017, the Produrement Department issued Phase II of the RFP to the short-listed proposers; and WHEREAS, on June 29, 2017, the City received the technical and price proposals in response to Phase II of the RFP; and WHEREAS, Finfrock Construction, Inc, did not submit a Phase II proposal and VVHEREAS, the Evaluation Committee, appointed by the City Manager via LTC # 201- 2017, convened on April 10, 2017 to consider the proposals received under Phase II; and WHEREAS, the Evaluation Committee's rankings for Phase II were as follows: (1) Kaufman Lynn Construction; and (2) KVC Constructors; and (3) Plaza Construction; and WHEREAS, after the Evaluation Committee, staff opened the Cost Tender Forms and reviewed the submissions for responsiveness, and determined that the proposal from Kaufman Lynn Construction was non-responsive for failure to submit a completed, executed, and notarized Cost Tender Form, in accordance with the RFP's requirements; and WHEREAS, the City Manager, having considered the proposals and the Evaluation Committee's rankings, recommends award of the contract to KVC Constructors, Inc., with a Guaranteed Maximum Price (GMP) in the amount of $22,465,009.00; and WHEREAS, the City Manager further recommends the establishment of a separate ten percent (10%) Owner's Contingency for the Project in the amount of $2,246,500.90. 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 of the City of Miami Beach, Florida hereby accept the recommendation of the City Manager to award an agreement, pursuant to Request for Proposals (RFP) No. 2016-204-KB for Design/Build Services for a New Parking Garage Facility and Related Infrastructure for the Collins Park Parking Garage, to KVC Constructors, Inc,, with the Guaranteed Maximum Price (GMP) in the amount of $22,465,009.00; and authorizes a ten percent (10%) Owner's Contingency for the Project in the amount of $2,246,500,90; and further authorizes the Mayor and City Clerk to execute a Design Build Agreement with KVC Constructors, Inc. PASSED AND ADOPTED this olc day of , P PPnee ATTEST: ilip Lev Ra`ael Granado, City Clerfl T:\AGENDA \2017 \7 - July \Procurement Park. Parking Garage (Phase 11)- Reso,doc Collins Park Parking Garage \2016-204.-KB RFP - Collins APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Attorney 0.n, Olt MIAMI BEACH Resolutions - R7 Q COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 13, 2017 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016 - 204 -KB, FOR DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE, TO KVC CONSTRUCTORS, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $22,465,009.00; AUTHORIZING A TEN PERCENT (10 %) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $2,246,500.90; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH KVC CONSTRUCTORS, INC. RECOMMENDATION Adopt the Resolution. ANALYSIS On April 13, 2016, the City Commission requested that the Professional Services contract with Zaha Hadid /BBAjoint venture be terminated after deliberation of the final valued engineered redesign of the Collins Park Parking Garage Project submitted on March 31, 2016. The Commission directed administration to proceed with a new solicitation for professional services for the design and construction of a new parking garage that would meet the City's parking needs and that could include retail component, art galleries, art anchor tenants, and a beautiful wrapped shell design. The directive also included coordination with the Collins Park Neighborhood Association and all affected neighborhoods. On April 20, 2016, the City issued a Request for Qualification (RFQ) for the selection of a Consultant to prepare Design Criteria Packages (DCP) for several Parking Garages. The selected Consultant was tasked with preparing a DCP that would include concise performance - oriented specifications for the Collins Park Parking project. The purpose of the DCP is to furnish sufficient information to allow Design -Build (DB) firms to provide a response to the City's Request for Proposals (RFP) for Design - Build services. The DB firm will be required to seek all necessary City approvals during the design process. The Administration proceeded with a design -build method of procurement and requested proposals from DB Firms for the design, permitting, construction administration, and the construction of a new Page 1987 of 2353 parking garage facility and related infrastructure for the Collins Park Parking Garage. The Parking Garage design is anticipated to be a conventional parking garage structure wrapped with an aesthetically pleasing architectural element. The parking structure is to include bicycle storage, scooter stalls and car charging stations and retail areas which may include common areas for gatherings. RFP PROCESS — PHASE 1 On September 14, 2016, the City Commission directed the Administration to issue a Request for Proposals (RFP) for design /build services for a new parking garage facility and related infrastructure for the Collins Park parking garage. The RFP was released on September 16, 2016, with an opening date of November 4, 2016. A pre - proposal conference to provide information to the proposers submitting a response was held on September 27, 2016. In accordance with Section 287.055, Florida Statutes, the RFP provides for a two -step, phased evaluation process. The Phase I selection process relates to the qualifications, experience and availability of the proposers and key members of the design -build team, including the lead designer and lead constructor. Only those Proposers short- listed during Phase I are authorized to proceed to Phase II of the RFP selection process, in which price and detailed technical proposals based on the approved DCP will be considered. Under Phase I, the City received proposals in response to the RFP from the following seven firms: • Burke Construction Group • Finfrock Construction, Inc. • Kaufman Lynn Construction • KVC Constructors • Munilla Construction Management • Plaza Construction Group Florida, LLC • Stiles Construction (7) On November 28, 2016, the City Manager appointed the Evaluation Committee via LTC # 511 - 2016. The Committee convened on December 19, 2016 to consider proposals received. The Committee was comprised of Sabrina Baglieri, Senior Capital Projects Coordinator, Office of Capital Improvement Projects, City of Miami Beach; Monica Beltran, Assistant Director, Parking Department, City of Miami Beach; Ray Breslin, Resident and Collins Park Neighborhood Association President; Adrian Morales, Senior Administrative Manager, Property Management, City of Miami Beach; and Mark Milisits, Asset Manager, Tourism, Culture and Economic Development, City of Miami Beach. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP. The evaluation process resulted in the ranking of proposers as indicated in Attachment A, in the following order: 1st 2nd 3rd 4th 5th 6th KVC Constructors Plaza Construction Group Florida, LLC Finfrock Construction, Inc. Kaufman Lynn Construction Burke Construction Group Munilla Construction Management Page 1988 of 2353 7th Stiles Construction On January 11, 2017, City Commission adopted Resolution No. 2017 -29697 accepting the recommendation of the City Manager pertaining to the ranking of proposals with respect to Phase I of the RFP selection process pursuant to Request For Proposals (RFP) No. 2016- 204 -KB, for design /build services for a new parking garage facility and related infrastructure for the Collins Park parking garage, and authorizes (1) KVC Constructors, Inc., (2) Plaza Construction Group Florida, LLC, (3) Finfrock Construction, Inc., and (4) Kaufman Lynn Construction, to be further considered in Phase II of the RFP evaluation process. RFP PROCESS — PHASE 11 Upon receipt of the DCP from the Office of Capital Improvement Projects, on April 13, 2017, the Procurement Department issued Phase II of the RFP process to the short- listed proposers. A pre - proposal conference to provide information to the short- listed proposers was held on April 25, 2017. On May 3, 2017, the City received notification from Finfrock Construction, Inc., indicating that the firm would not be submitting a Phase II response for this project. On June 29, 2017, the City received proposals in response to Phase I I of the RFP from the following short- listed proposers: • KVC Constructors, Inc. • Plaza Construction Group Florida, LLC, • Kaufman Lynn Construction The Evaluation Committee, appointed by the City Manager via LTC # 201 - 2017, convened on July 11, 2017, to consider the technical proposals received under Phase II. The Committee was comprised of Sabrina Baglieri, Senior Capital Projects Coordinator, Capital Improvement Program Division, City of Miami Beach; Monica Beltran, Assistant Director, Parking Department, City of Miami Beach; Alan Lieberman, Miami Beach Hotelier; and Mark Milisits, Asset Manager, Tourism, Culture and Economic Development, City of Miami Beach. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, a copy of each proposal, and engaged in a question and answer session with each proposer. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP for Phase II. The evaluation process resulted in the ranking of proposers as indicated in Attachment B, in the following order: 1st Kaufman Lynn Construction 2nd KVC Constructors 3rd Plaza Construction As required by the RFP, cost proposals were opened at the Evaluation Committee meeting. After the meeting, staff reviewed the cost proposals for responsiveness. The due diligence review of the staff resulted in the determination that the proposal from Kaufman Lynn Construction is non - responsive for failure to submit Appendix E, Proposal Certification Form, in its entirety and fully executed by the deadline established for the receipt of proposals as required in the RFP. The City Attorney's Office has determined that failure to submit the fully completed and executed Proposal Certification Form is a material variation from the RFP that cannot be waived. Therefore, Kaufmann Lynn Construction's proposal cannot be considered. In addition to not submitting an executed and notarized Proposal Certification, Kaufman Lynn's proposal contained material deficiencies that separately render the Proposal non - responsive, including the exclusion of required bid items (e.g., site remedietion). KVC Constructors, Inc. Page 1989 of 2353 Based on the information contained in its proposal, KVC is a Miami -Dade based Design /Build company that has earned a strong reputation for excellence in delivery of a broad range of construction services and projects and has developed a niche in the construction of parking and mixed -use facilities. In the last 12 months, KVC has either successfully completed or has worked on five major parking garages including Braman Motors Parking Garage, City View Parking Garage, Museum Parking Garage, The Palms Parking Garage and Wynwood Parking Garage. In addition to those mixed -use garages, KVC is proud to have been the Design - Builder for the City of Miami Beach's Pennsylvania Avenue Design -Build Parking Garage in collaboration with Frank Gehry, which was the recipient of an Awards of Excellence from the Florida Parking Association. KVC has assembled a team of design and construction professionals who we have worked together for more than 25 years, and are currently working with on multiple parking garages as well as other projects. The make -up of the design team includes well respected design firms that are leaders in their respective fields. This includes Wolfberg Alvarez & Partners (WA), Hershell Gill Consulting Engineers (HGCE), Kimley - Horn, and Shulman + Associates, all who have long established reputations for design excellence. As the parking consultant, Kimley- Horn's project manager, Mark Santos, P.E., is a certified ParksmartAdvisor, which adds additional value to the team. Plaza Construction Group Florida, LLC Based on the information contained in its proposal, Plaza Construction Group Florida, LLC, as Prime Proposer, in a design -build partnership with Heery International, Inc. (Plaza /Heery). The team offers a dynamic and fresh approach that will give the City of Miami Beach the best option in achieving its vision. The team is committed to bringing together functional design, efficiency, environmentally sound and aesthetic appeal, in keeping with the character of the immediately adjacent cultural center and Collins Park Neighborhood. The design -build team includes the most qualified professionals with experience in design -build management, parking garage expertise, and familiarity with construction in Miami Beach. Plaza and its team has built over 3.4 million square feet of facilities just - blocks from Collins Park, giving us unparalleled insight & knowledge of your site conditions, neighborhood and overall building requirements. Recent successes demonstrate that our completion of similar projects is proven. Heery international, the proposed Architect of Record, with one of the largest parking structures completed in Florida, located in Miami -Dade County, has been intimately involved with the Collins Park Neighborhood Association, and understands the stakeholders needs and culture. The commitment in delivering value through design is extended with the inclusion of Elliot + Associates Architects as lead designer, whose parking garage portfolio is award winning and nationally recognized. Additionally, Tim Haahs offers extensive parking garage experience, and along with TLC Engineering, Kimley -Horn, Miller Legg, ATC, & Garth Solutions, that have in -depth working experience with the City and familiarity with the proposed site conditions and project requirements. CONCLUSION After reviewing all the submissions and the results of the evaluation process, I find that KVC Constructors, Inc. (KVC), provided the best overall combination of technical proposal and cost. With regard to its technical proposal, KVC was the top ranked responsive proposer by the Evaluation Committee. Some of the highlights of the KVC technical proposal, as articulated by the Evaluation Committee, include: • Connectivity from garage to Bass Museum, MDC Library, and Collins Park • Introduction of promenades and greenery along Liberty Ave. • Pedestrian friendly access to garage and vicinity • Activation of ground liner by the introduction of approximately 15,000 SF of retail Page 1990 of 2353 • Establishes the Collins Park area as a cultural enclave for the City • Interactive community involvement with the crossword puzzle skin concept • Innovative signage and wayfinding at proposed Liberty Plaza In addition to its second ranked technical proposal, KVC submitted the lowest overall project cost of $22,465,009. The City's Office of Capital Improvement Projects prepared a preliminary cost analysis of the garage component depicted on KVC's technical proposal to determine the cost per space for the "construction only costs" of the garage. Based on the information reviewed, it was determined that the construction cost per space is approximately $33,000. KVC proposes a total of 510 parking spaces. Therefore, based on the best overall combination of technical proposals and costs, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to award KVC Constructors, Inc., pursuant to Request for Proposals (RFP) No. 2016 - 204 -KB for Design /Build Services for a new parking garage facility and related infrastructure for the Collins Park parking garage, to KVC Constructors, Inc., with the Guaranteed Maximum Price (GMP) in the amount of $22,465,009.00; and authorize a ten percent (10 %) Owner's Contingency for the Project in the amount of $2,246,500.90; and further authorizes the Mayor and City Clerk to execute a Design Build Agreement with KVC Constructors, Inc. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION Grant funds will not be utilized for this project. Amount 1 $17,497,032,65 Account 1 365- 0820 - 069357 -00 -410- 528- 00- 00 -00- (Construction) 28010 Amount 2 $1,955,000.00 Account 2 463- 0820- 069357 -00- 418 - 000- 00- 00 -00- (Construction) 28010 Amount 3 $3,012,976.35 Account 3 365- 0820 - 069357 -00 -410- 546- 00- 00 -00- (Construction) 29530 Amount 4 $2,246,500.90 Account 4 365- 0820- 069357 -00 -410- 528- 00 -00 -00 (Contingency) 28010 Total $24,711,509.90 Legislative Tracking Capital Improvement Projects /Procurement ATTACHMENTS: Description Phase II -- Evaluation Committee Scoring and Ranking ▪ KVC Constructors -•• Technical Proposal Plans a Phase I • -- Evaluation Committee Scoring and Ranking Page 1991 of 2353 121 Resolution o Email from CI P confirming accounts CI account balance 1 o account balance 2 o account balance 3 Page 1992 of 2353 Rank e 0 01 \ \ 50 \ 4 c c 11 o . . t c\1 % q9q Sew \ c \ « « ( (0 T £ 1 ueL egos ee 9 / / $ $ / / � «0 § $22,465,009.00 IKVC Constructors Plaza Construction Proposer KVC Constructors Plaza Construction } o cr pt of proposal \ 0 0 \ \ \ \ 0 \ 0 0 2 \ Page 1993 of 2353 fi 4ElCC id'HOVd IWVIW 2 VHVD ONI)I1Vd )1 IVd SNI 1100 HOVD9 IWVIW JO All0 J WCCZ Z W¢QC)COcocn(n(n ww-. a.ZZZZZZ ZWQ a OpzgQgQQQ W c>- W Z0OW OJ.. 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Page 1997 of 2353 URBANISM DIAGRAMS \ y P = 15,000 sf retail ) D ES 0 \t k\ 23rd Street 23rd Street 23rd Street /8 ) k) _a1-10030 11101IN 5O V 9$�aVd) Vd SNIy0O HOVEm+ §gOADO (.. 9nvAinq] OAV *ed '9 vAleg] eAV $� �'enviu1egj Boa 'env )1 22nd Street 22nd Street 22nd Street \ 0 0 § / m 0 _ .0 \ 0 E .2 /\ /�® ± 0 \) � E ?200 < 0 / 0 ®J 2 0. =ce? 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Kaufman Lynn Construction KVC Constructors Munilla Construction Management Plaza Construction Stiles Construction Page 2041 of 2353 Item Coversheet Page 7. of 4 Resolutions - R7 AA MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 26, 2017 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO 2016 - 204 -KB, FOR [DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE, TO KVC CONSTRUCTORS, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $22,465,009.00; AUTHORIZING A TEN PERCENT (10 %) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $2,246,500,90, AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH KVC CONSTRUCTORS, INC. RECO,MMENIYATIQ.N Adopt. the Resolution. ANALYSIS Qn April 13, 2016, the City Commission requested that the Professional Services contract with Zaha Hadid /BBA joint venture be terminated after deliberation of the final valued engineered redesign of the Collins Park Parking Garage Project submitted on March 31, 2016. The Commission directed administration to proceed with a new solicitation for professional services for the design and construction of a new parking garage that would meet the City's parking needs and that could include retail component, art galleries; art anchor tenants, and a beautiful wrapped shell design. The directive also included coordination with the Collins Park Neighborhood Association and all affected neighborhoods, On April 20, 2016, the City issued a Request for Qualification (RFQ) for the selection of a Consultant to prepare Design Criteria Packages (DCP) for several Parking Garages. The selected Consultant was tasked with preparing a DCP that would include concise performance- oriented specifications for the Collins Park Parking project. The purpose of the DCP is to furnish sufficient information to allow Design -Build (DB) firms to provide a response to the City's Request for Proposals (RFP) for Design -Build services. The DB firm will be required to seek all necessary City approvals during the design process. The Administration proceeded with a design -build method of procurement and requested proposals from DB Firms for the design, permitting, construction administration, and the construction of a new parking garage facility and related infrastructure for the Collins Park Parking Garage, The Parking Garage design is anticipated to be a conventional parking garage structure wrapped with an aesthetically pleasing architectural element. The parking structure is to include bicycle storage, scooter stalls and car charging stations and retail areas which may include common areas for gatherings. RFP PROCESS -- PHASE! On September 14, 2016, the City Commission directed the Administration to issue a Request for Proposals (RFP) for design /build services for a new parking garage facility and related infrastructure for the Collins Park parking garage, The RFP was released on September 16, 2016, with an opening date of November 4, 2016, A pre- proposal conference to provide information to the proposers submitting a response was held on September 27, 2016. In accordance with Section 287.055, Florida Statutes, the RFP provides for a two -step, phased evaluation process. The Phase I selection process relates to the qualifications, experience and availability of the proposers and key members of the design - build team, including the lead designer and lead constructor: Only those Proposers short - listed during Phase I are authorized to proceed to Phase II of the RFP selection process, in which price and detailed technical proposals based on the approved DCP will be considered. Under Phase t, the City received proposals in response to the RFP from the following seven (7) firms: • Burke Construction Group • Finfrock Construction, Inc,. Page 2045 of 2353 https://miamibeach novusagenda.com/AgendaWeb/Cove Sl.eet.aspx9ItemlD =4242 7/18/2017 Item Coversheet Page 2 of 4 • Kaufman Lynn Construction • KVC Constructors • Muni Ila Construction Management • Plaza Construction Group Florida, LLC • Stiles Construction On November 28, 2016, the City Manager the Evaluatio December 19, 2016 to consider proposals received, The Committee was comprised of Sabrina Bag lied, Senior Capital Projects Coordinator, Office of Capital Improvement Projects, City of Miami Beach; Monica Beltran, Assistant Director, Parking Department, City of Miami Beach; Ray Breslin, Resident and Collins Park Neighborhood Association President; Adrian Morales, Senior Administrative Manager, Property Management, City of Miami Beach; and Mark Milisits, Asset Manager, Tourism, Culture and Economic Development, City of Miami Beach. The Committee was provided an overview of the pn4ect, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, referencom, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, The evaluation process resulted in the ranking of proposers as indicated in Attachment A, in the following 1* 2nd 3m 4th 5th Om 7m KVC Constructors Plaza Construction Group Florida, LLC Finfrock Construction, Inc. Kaufman Lynn Construction Burke Construction Group Munilla Construction Management Stiles Construction On J 11, 2017, City Commission adopted Resolution No. 2017-29697 the recommendation of the City Manager pertaining to the ranking of proposals with respect to Phase I of the RFP selection process pursuant to Request For Proposals (RFP) No. 2016-204-KB, for design/build services for a new parking garage facility and related infrastructure for the Collins Park parking garage, and authorizes (1) KVC Constructors, Inc., (2) Plaza Construction Group Florida, LLC, (3) Finfrock Construction, Inc,, and (4) Kaufman Lynn Construction, to be further considered in Phase II of the RFP evaluation process, RFp PROCESS PHASE II Upon receipt of the DCP from the Office of Capital Improvement Projects, on April 13, 2017, the Procurement Department issued Phase II of the RFP process to the short-listed pro ers. A pre-proposal confe nce to provide Information to the short-listed proposers was held on April 25, 2017. On May 3. 2017. the City received notification from F|nfrndkCnn*tmctinn. Inc., indicating that the firm would not be submitting a Phase II response for this project. On June 29, 2017. the City received proposals in response to Phase Ii of the RFP from the following short-listed proposers: • KVC Constructors, Inc. • Plaza Construction Grou Florida, LLC, • Kaufman Lynn Construction The Evaluation Committee, appointed by the City Manager via LTC # 201-2017, technical proposals received under Phase II, The Committee was comprised of Sabrina Baglieri, Senior Capital Projects Coordinator, Capital Improvement Program Division, City of Miami Beach; Monica Beltran, Assistant Director, Parking Department, City of Miami Beach; Alan Lieberman, Miami Beach Hotelier; and Mark Milisits, Asset Manager, Tourism, Culture and Economic Development, City of Miami Beach. The Committee was provided an overview of the project, information City's nd the Government Sunshine Law. The Committee was also provided general information on the scope of services, a copy of each propooa|, and engaged in a question and answer session with each proposer. The Committee was Instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP for Phase U, The evaluation process resulted in the ranking of proposers as Indicated in Attachment B, in the following order: 1m Kaufman Lynn Construction 2'' KVC Constructors 3rd Plaza Construction As required by the RFP, cost proposals were opened at the Evaluation Committee meeting, After the meeting, staff reviewed the cost proposals for responsiveness. The due diligence review of the staff resulted in the determination that the proposal from Kaufman Lynn Construction is non-responsive for failure to submit Appendix E, Proposal Certification Form, in Its entirety and fully executed by the deadline established for the receipt of proposals as required in the RFP. The City Attorney's Office has determined that failure to submit the fully completed and executed Proposal Certification Form is a material variation from the RFP that cannot be waived, Therefore, Kaufmann Lynn Construction's proposal cannot be considered, In addition to not submitting an executed and notarized Proposal Certification, Kaufman Lynn's proposal contained material deficiencies that separately render the Proposal non- responsive, including the exclusion of required bid items (e.g., site remediation), KVC Constructors, Inc, Page 2046 of 2353 hitns://oI8mi b eaehJnovDs agenda.e over Sheet 7/18/2017 Item Coversheet Page 3 of 4 Based on the information contained in its proposal, KVC is a Miami-Dade based Design/Build company that has earned a strong reputation for excellence in delivery of a broad range of construction services and projects and has developed a niche in the construction of parking and mixed-use facilities, In the last 12 months, KVC has either successfully completed or has worked on five major parking garages including Braman Motors Parking Garage, City View Parking Garage, Museum Parking Garage, The Palms Parking Garage and VVynwood Parking Garage. In addition to those mixed-us KVC iproud to have been the Design-Builder for the City of Miami Beach's Pennsylvania Avenue Design-Build Parking Garage in collaboration with Frank Gehry; which W88 the recipient of an Awards of Excellence from the Florida Parking Association. KVC has assembled a team of desi and construction professionals who we have worked together for more than 25 years, and are currently working with on multiple parking garages as well aa other f the design am includes well re cted d i firms that are leaders in their respective fields. This includes VVo|fbergAlvarez & Partners (aA\), Hershel! Gill Consulting Engineers (HGCE), KJm| H and Shulman + Associates, all who have long established reputations for design oxoe||ence. As the parking onnau|(ant. Kimley-Horn's project manager, Mark Santos, P.E. is a certified Parksmart Advisor, which adds additional ValLie to the team. PIaz Construction Group Florida, LLC Based on the information ntai od in its proposal, Plaza Construction Group Florida, LLC, as Prime Proposer, in a desig N partnership with Heery International, Inc. (Plaza/Heery). The team offers a dynamic and fresh approach that will give the City of Miami Beach the bast option in achieving its vision, The team is committed to bringing together functional design, efficiency, environmentally sound and aesthetic appeal, in keeping with the character of the immediately adjacent cultural center and Collins Park Neighborhood. The design-build team includes the most qualified professionals with experience in design-build management, parking garage expertise, and familiarity with construction in Miami Beach, Plaza and its team has built over 3A million square feet of facilities just-blocks from Collins Park, giving us unparalleled insight & knowledge of your site conditions, neighborhood and overall building requirements. Recent successes demonstrate that our completion of similar projects is proven. Heery intemet|*na|, the proposed Architect of Recopd, with one of the largest parking structures completed in Florida, located in Miami-Dade County` has been intimately Involved with the Collins Park Neighborhood Aowou|aUon, and understands the stakeholders needs and culture, The commitmont in delivering value through design is oxtended with the inclusion of Elliot + Associates Architects as lead designe/, whose parking garage portfolio is award winning and nationally recognized. Additionally, Tim Haahs offers extensive parking garage axpeMencm, and along with TLC Engineering, (im|wy-Horn, |Mi||er Legg, ATC. & Garth Su|uNone, that have |n-depth working experience with the City and familiarity with the proposed site conditions and project requirements, CONCLUSION After reviewing all the submissions and the results of the evaluation process, |Mod that KVC Constructo Inc. (KVC), provided the best overall combination of tchnical proposal and cost, With regard to its technical proposal, KVC was the top ranked responsive proposer by tho Evaluation Committee. Some of the highlights of the KVC technical proposal, as articulated by the Evaluation Connectivity from garage to Bass Museum, MDC Library, and Collins Park Committee, include: • • Introduction of promenades and greenery along Liberty Ave, • Pedestrian friendly access to garage and vicinity • Activati of ground liner by the lntroduction of approximately 15,000 SF of retail • Establishes the Collins Park area as a cultural enolave for tho City • Interactive community involvoment with the crossword puzzle skin concept • Irinovativo signago and wayfinding at proposed Liberty Plaza In addition to its second rankod technical proposal, KVC submitted the lowest overall project cost of$22.4V5.0Qg. The City's Office of Capital Improvement Projects prepared a preliminary cost analysis of the garage component depicted on KVO'u technical proposal to detormine the cost per space for tho construction only sts'ofthegarage.Baoedonthe|nfu,mahonnevimwed.itwao determined that the construction cost per space is approximately $33,000, KVC proposes a total of 510 parking spaces, Themiono, based on the best overall combination of technical proposals and costs, | recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to award KVC Constructors, Inc., pursuant to Request for Proposals (RFP) No. 2016-204-KB for Design/Build Services for a new parking garage facility and related Infrastructure for the Collins Park parking garage, to h\/C Constructors, Inc, with the Guaranteed Maximum Price (GMP) in the amount of %22,485.009.00C and authorize a ten percent (10%) Owner's Contingency for the Project In the amount of*2.ox6.500,$V| and further authorizos the Mayor and City Clerk to execute a Design Build Agreement with KVC Constructors, Inc. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Pull Accountability FINANCIAL INFORMATION Grant funds will not be utilized for this project. Amount 1 $17,4g7.032.65 Account i A-528-00-00-00 (Construction) 28010 Page 2047 of 2353 lttps://mi,rnibmach.nov agenda.com/AgendaWeb/CoverShee ��42 7/18/2017 Item Coversheet Amount 2 Amount 3 Amount 4 * 1,055,000{0 � 3,012,976.35 Account 2 Account 3 Account 4 Total $24J11.509f0 4*3o820-0$9357-00-418-000-00-08-00 28010 365-0820-069357-00-410-546-00-00-00 29530 365-0820-069357-00410-528-00-00-00 28010 Legislative Tracking Capital Improvement Projects/Procurement ATTACHMENTS: Description D Phase ||_ Evaluation Committee goodnn and Ranking m KVC Constructors — Technical Proposal Plans o Phase -- Evaluation CrnmIttee Scorincj and RanIinq u Resolution Page 4 of 4 Page 2048 of 2353 https://miamibeach.novusagenda,com/AgendaWeb/CoverSheet.aspx?lietall)=-4242 7/18/2017 Agenda Item R7 Q 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl,gov OFFICE OF THE CITY MANAGER September 5, 2017 Kaufman Lynn Construction, Inc. Lharden cY;kaufmanlynn,conl Joshua Harden 4850 T -Rex Avenue, Suite 300 Boca Raton, Florida 33431 SENT VIA E -MAIL: Date q -2s--17 RE: REQUEST FOR PROPOSALS NO.2016. 204 -KB DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE ( "RFP ") Dear Mr. Harden: This letter responds to Kaufman Lynn Construction, Inc,'s ( "Kaufman ") July 18, 2017 protest in connection with the above- referenced RFP, as supplemented by the letter dated August 14, 2017, submitted by Kaufman's counsel, A copy of City's July 17, 2017 non - responsiveness determination is attached hereto as Exhibit "1," and incorporated by reference herein. In the City's July 17, 2017 letter, the City notified Kaufman that its proposal was nonresponsive, based on Kaufman's failure to comply with the mandatory submission requirements for a completed Cost Tender Form, and specifically, its failure to include a fully executed and notarized Section 1 of the Cost Tender Form, the Proposal Certification. In addition, based on Kaufman's failure to submit the required Section 1 of the Cost Tender Form, the City noted that it need not address Kaufman's submission of Section 2 of the Cost Tender Form, which also implicated responsiveness issues, as instead of designating a price in the line item for Site Remediation in Section 2 of the Cost Tender Form, Kaufman stated that Site Remediation was "NIC," or not included. In its July 18, 2017 protest and subsequent letter, Kaufman makes the following principal arguments, including that: (i) the Proposal Certification, even though mandatory and part of the Cost Tender Form required of all bidders, was not "material," and that Kaufman's failure to submit the completed Cost Tender Form was a mere technical irregularity that could be waived by city officials at their discretion; (ii) Kaufman claims that its employees did, in fact, submit the completed Proposal Certification, and therefore City should credit Kaufman and accept an untimely submission of the fully completed and executed Cost Tender Form; (iii) as to Kaufman's designation of "NIC" in a line item for "Site Remediation" in Section 2 of the Cost Tender Form, the City should have somehow discerned, from the face of Kaufman's bid, that when Kaufman designated "NIC," or "not included," for the Site Remediation line item, Kaufman really meant that pricing for this "not included" line item was in fact "included" in another line item; and (iv) the remaining proposals were also not responsive to the RFP, and therefore, City should have simply ignored Kaufman's failure to submit a responsive proposal in accordance with the RFP's plain requirements. We are committed to providln9 excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic communiy. Letter to Kaufman Lynn September 5, 2017 Page 2 The City, after review of Kaufman's protest, hereby denies Kaufman protest and, in support thereof, concludes as follows: First, as a threshold matter, the City notes that the Cost Tender Form for this RFP consisted of two separate sections, namely (1) Section 1 — the Proposal Certification, which the proposers were required to execute and notarize; and (2) Section 2, the Guaranteed Maximum Price form. The RFP clearly instructs all proposers to take notice of the importance of submitting the Cost Tender Form properly. Specifically, Addendum No, 4 expressly instructs the proposers as follows: "Failure to submit the attached Cost Tender Form shall render proposal non- responsive, and said non-responsive proposal shall not be considered by the City." See Addendum No. 4 (emphasis in original). The City submits that the Proposal Certification, Section 1 of the Cost Tender Form, is a material part of a proposer's submission and as such, the failure to submit the Proposal Certification is not a minor irregularity that could be waived. A responsive vendor is one that submits a bid, proposal or reply that conforms in all material respects to a solicitation. See, e,g,, Section 287.012(26), Fla. Stat., and Fla. Admin. Code R. 60D-5.002(18). A responsive bid is therefore submitted on the correct forms, and contains all required information, signatures, and notarizations, and evidences a bidder's promise, on the face of its bid, to provide the items or services called for by the bid. In Robinson Electrical Co., Inc., v. Dade County, 417 So. 2d 1032 (Fla. 3d DCA 1982), the court applied two criteria for determining whether a deviation is material. The first was "whether the effect of a waiver would be to deprive the municipality of its assurance that the contract will be entered into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition." Id. at 1034. The court further stated that "a variance is material if it gives the bidder a substantial advantage over other bidders, and thereby restricts or stifles competition." Id. The Proposal Certification, which is part of the Cost Tender Form that includes the GMP price proposal for the Project, is a material part of a proposer's submission. A signed and executed Proposal Certification is essential to, and is the very instrument by which, the City is assured that the contract will be entered into and performed according to its specified requirements. Further, by submitting the fully completed and executed Proposal Certification, the City is further assured that the Proposal, including specifically the proposed pricing set forth in the Cost Tender Form, is made fairly and in good faith without collusion or fraud. Waiver of the Proposal Certification requirements would place Kaufman in a position of advantage over other bidders who, unlike Kaufman, completed and executed the Certification Form, agreed to the RFP terms, and attested to its requirements. In this regard, all proposers were on an equal footing and had the same opportunities as Kaufman to read and utilize the Proposal instructions, and submit the Proposal Certification, fully completed and executed. Kaufman's submission of an incomplete Cost Tender Form, is not curable, as doing so permitted Kaufman to opt in or out of the process at its will, depriving the City of a valid offer and placing Kaufman, through its omission, at a material advantage over other bidders who, unlike Kaufman, made firm offers. In making the determination that Kaufman's proposal was non-responsive (consistent with the We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Letter to Kaufman Lynn September 5, 2017 Page 3 RFP's clear notice to proposers that the failure to submit the Cost Tender Form shall render a proposal non-responsive), the City concludes that it appropriately exercised its broad discretion. Under Florida law, an agency has wide discretion in its procurement decisions and its decisions, when based on an honest exercise of discretion, will not be overturned even if it may appear erroneous and even if reasonable persons may disagree. See Liberty County v. Baxter's Asphalt and Concrete, Inc., 421 So.2d 505 (Fla. 1982); Department of Transportation v. Groves-Watkins Constructors, 530 So, 2d 912-913 (Fla, 1988) (noting the "sole responsibility is to ascertain whether the agency acted fraudulently, arbitrarily, illegally, or dishonestly"). Second, although Kaufman employees submitted affidavits as to its general procedures and the process it followed in submitting its proposal, the fact remains that the Proposal Certification was not in Kaufman's sealed envelope when the Cost Tender Forms were opened at the Evaluation Committee meeting, for the first time, by the Procurement Officer assigned to this RFP. Attached as Exhibit "2" is the affidavit submitted by Krista Bada, the Procurement Officer responsible for this RFP, In her affidavit, Ms, Bada outlines the City's intake process she followed for receiving and holding the three proposals and sealed Cost Tender Forms the City received in response to this RFP. In her affidavit, Ms. Bada states that the Cost Tender Forms remained in her possession from June 29, 2017, the proposal due date, through July 11, 2017, the date of the Evaluation Committee meeting for the RFP. Ms. Bada further states that she did not open any of the sealed Cost Tender Forms until she did so in the presence of the public, at the July 11, 2017 Evaluation Committee meeting. Finally, Ms. Bada states in her affidavit that she immediately noticed the Proposal Certification was missing, and that this omission prompted her to state, on the record at the Evaluation Committee meeting, that the Cost Tender Forms still needed to be reviewed for responsiveness, as each Cost Tender Form was being opened for the first time at this public meeting. Although Kaufman has submitted its employees' affidavits as to the process it follows in submitting a proposal, in the absence of any facts indicating that the City somehow (1) opened the sealed Cost Tender Forms in advance of the Evaluation Committee meeting; and (2) misplaced or deliberately withheld Section 1 of Kaufman's Cost Tender Form, City, in an honest exercise of its broad discretion, declines to disregard the plain requirements of the RFP, simply on account of assurances submitted by a bidder's employees. Third, Kaufman's designation of "NIC," or "not included," on the Cost Tender Form, further supports City's conclusion of non-responsiveness. In its July 18, 2017 protest, Kaufman clarified that the designation "NIC," as stated on its Cost Tender Form, indeed meant that Site Remediation was "not included," but that the City should have somehow discerned, from the face of Kaufman's bid, that when Kaufman indicated "NIC," or "not included," for the Site Remediation line item, Kaufman really meant that pricing for the Site Remediation line item was in fact "included" in another line item, for Existing Conditions. By stating on the face of the Cost Tender Form that pricing for an item was "NIC," or, as Kaufman has clarified, "not included," the City was within its broad discretion to conclude that, based on the Cost Tender Form, as submitted, Kaufman qualified its bid by stating it would provide something less than what was called for by the RFP. Fourth, the City disagrees with Kaufman's suggestion that the other bidders were also non- responsive, and that therefore, Kaufman's own non-responsiveness should be disregarded. With respect to Plaza Construction, Kaufman submits this proposal is non-responsive because its total proposed GMP cost exceeded City's budget. However, City never indicated in the RFP that a cost proposal within the stated budget was a minimum requirement of the RFP, or even an issue of responsiveness. Rather, the RFP clearly stated that cost proposals would be evaluated, and weighted, in accordance with the evaluation criteria and the points allocated for pricing in the RFP. Similarly, City rejects the suggestion that KVC Constructors, Inc. ("KVC") was non-responsive based on its submission of a proposal for two (2) elevators, rather than the three (3) elevators required by We are conunilted to providing excollont public selyice and safely to 011 who livo work, and ploy in our vibrant tropicol lc cotritnunily Letter to Kayfinan Lynn September 5, 2017 Page 4 the RFP. The plans submitted by KVC as part of its proposal reflect three (3) elevators, and the inclusion of the requisite three (3) elevators were confirmed by City procurement staff and the Design Criteria Professional for the project. Therefore, based on the foregoing, the City denies Kaufman's protest. Further, as set forth in the Section 2-371 of the City Code (the City's Bid Protest Ordinance) and, specifically, Section 2-371(e) thereof, the City Manager and City Attorney's determination with regard to issues of responsiveness shall be binding upon the parties to the protest. You may appeal my decision by filing an original action in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules and, with regard to any such action, the City reserves all rights that may be available to it at law and in equity. Should you need additional information pertaining to matters of process or procedures, please contact the Procurement Director, Alex Denis, at (305) 673-7000 ext. 6641, or e-mail: ale denis • I - ui peac f ov. ( nk you, J my L. M ty Mana • er ales Alexander I. Tachmes, Esq. Raul Aguila, City Attorney Rafael Granada, City Clerk Alex Denis, Procurement Director We are committed lo providing excellent public service and safety to all who live, work. and ploy in our vibrant, tropical. historic community. Iv\IAMI BEACH Procurement Department, 1755 Meridian Avenue, 31d Floor, Miami Beach, Florida 33139, www,miamiboud 1l,gov, 305673.7490 July 17, 2017 SENT VIA E- MAIL.: IhardenCa kaufmaniynn.aorr Kaufman Lynn Construction, Inc. Joshua Harden 4850 T -Rex Avenue, Suite 300 Boca Raton, Florida 33431 RE: REQUEST FOR PROPOSALS NO. 2016-204-KB DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE II) Dear Mr, Harden: The City has reviewed the proposal (the "Proposal ") submitted by Kaufman Lynn Construction, Inc. (Kaufman), in response to the above - referenced RFP. The City finds that the Proposal submitted by Kaufman was incomplete, as it failed to comply with the submittal requirements established in Addendum No. 4 to the RFP. To begin with, Addendum No. 4 expressly notified Proposers as follows: Failure to submit the attached Cost Tender Form shall render proposal non - responsive, and said nonresponsive proposal shall not be considered by the City. The City's required Cost Tender Form, a copy of which Is attached hereto as Exhibit "1," consisted of two separate sections, namely (1) Section 1 – Certification, which Proposer was required to execute and notarize (the "Proposal Certification "), and (2) Section 2, for the Guaranteed Maximum Price form. In its Proposal, Proposer altogether failed to include the required Proposal Certification. A proposal containing a material variance from the RFP requirements is unacceptable, Robinson Elect v oas our C , 417 So, 2d 1032 (Fla 3d DCA 1082), In determining whether a specific noncompliance constitutes a substantial, and hence nonwaivable, irregularity, the courts have applied two criteria — first, whether the effect of a waiver would be to deprive the munioipality of Its assurance that the contract will be entered Into, performed and guaranteed according to its specified requirements, and second, whether it is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition, Id. at 1034. Here, the Instructions for completing the Cost Tender Form make clearthat "(t]ailure to submit the attached Co st Tender Forrn shall render [the] proposal non-responsive, and said non- responsive proposal shall not be considered by the City." See Addendum No 4 (emphasis in original). Moreover, a signed and executed Certification Form is nonwaivable, as the exeouted Proposal Certification is essential to, and Is the very instrument by which, the City is assured that the contract will be entered into and performed according to Its specified requirements, Further, by submitting the fully completed and executed Proposal Certification, the City is further assured that the Proposal is "made fairly and in good faith without collusion or fraud." Id. REQUEST FOR PROPOSALS NO. 2016-204-KB DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE i1) Page 2 of 2 July 13, 2017 The failure to submit the fully completed and executed Certification Form was a material variation from the RFP that cannot be waived, as waiver of the Proposal Certification requirements would place Kaufman In a position of advantage over other bidders who, unlike Kaufman, completed and executed the Certification Form, agreed to the RFP terms, and attested to its requirements. In this regard, all proposers were on an equal footing and had the same opportunities as Kaufman to read and utilize the Proposal instructions, and submit the Proposal Certification, fully completed and executed. As permitting a variation of the foregoing requirements after the Proposal Due Date would deprive the City of the assurance that the contract will be entered into in accordance with the RFP requirements, and would undermine the common standard of competition, Kaufman's proposal must be rejected as non-responsive.1 Should you need additional information pertaining to matters of process or procedures, please contact Kristy Bada at (305) 673 -7000 ext. 6218, or e -mail: kristvbada( miamibeachfl,gov, Th k you, Al - �= tip s ocurement Director Enclosures: Proposal Cover Page Cost Tender Form submitted by Kaufman Lynn, Inc. 0: Rafael Granada, City Clerk F :\PURCI$ ALL \Solicitatlons1201612016.204 -KB (RFP) DB Collins Park Garage114 - Phase 1116 - ResponsivenesslLetter of Non - Responsiveness • RFP 2016- 204 -KB ITS.SPS DBOM_KaufmanLynn,doc 1 Because the Proposal is not responsive for failure to submit an executed and notarized Proposal Certification, the City need not address the deficiencies In the Section 2 Guaranteed Maximum Price Form that separately render the Proposal non - responsive, including, without limitation, the designation of "NIC" (the meaning of which Is not clear and was not contemplated by the RFP) in lieu of an amount in the line Item for Site Remediatlon, We are commuted !o providing excellent public service and safety to all who live, work, and play In our vibrant, tropical, historic communiy. EXHIBIT 1 tv\AMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www,m1amlbeachfl9ov PROCUREMENT DEPARTMENT Tel: 305.673.7490 Fax; 786.394.4002 ADDENDUM NO, 4 REQUEST FOR PROPOSALS NO. 2016. 204 -KB DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE 11) April 28, 2017 This Addendum to the above- referenced RFP Is being Issued to notify you that your proposal was short - listed to proceed with Phase II of Request for Proposals No 2016-204-KB design /build services for a new parking garage facility and related infrastructure for the Collins Park Parking Garage and to provide other clarifications and revisions issued by the City. The RFP Is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). L ATTACHMENTS: Exhibit A: Cost Tender Form Faikire to .submit _the k.ittached Cost `Tender . Form shall render proposal nGn- responsive, and said non -responsive proposal shall not be considered . •.. . Exhibit 16; Sample Design Build Agreement Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the Individual named below, with a copy to the City Clerk's Office at RafaelGranado miamibeachfl,gov, Procurement Contact: Telephone: Email: Kristy Bade 305- 673 -7000, ext. 6218 KristyBada is miamibeaohfl,gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal, Pre.c,n - men t Director NaMegpllw/ ae' tP#; aBpR! MT�iR9d9MMrMM11RM+ 111�M��IIWMMVMKOMffAiRMWiRn ».'MPB9em1MIM+nlPmrtwnmm. IroMFFT10AwIf RiRAtIeWAlvfw •kfY�11R•MIMIV1M1'MIVM t ' ADDENDUM NO, 4 REQUEST FOR PROPOSALS NO. 2016•204 -K5 DEOIGNIDUILD SERVICES FOR A NEW PARKING GARAGE rACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE II) EXHIBIT ,A Revised Cost Tender Form M 2 . ADDENDUM NO, 4 REQUEST FOR PROPOSALS NO. 2016-204-KS DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE II) APPENDIX E A Cost Tender Form RFP O. 2016-204-KB DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Fai twei Itti silt:alit thd attacked Post 1611 ei Fain shall retidSt riropeSat` hart- r6s Genshre; and said noittesPorisive proposai shalt hot he consideted by the City. 3 I /.0.1611411 Wt. 11,41.VMMIWOMP1,9414.10,1491.1.0.1,3h11%.117100101511f51 Vi.11111M1.0.7.<0.40.,030.1a101{11111001.401,1■70VM1111.10041191.M.E.MIIMIAT~09.016411W40................1 ADDENDUM NO, 4 REQUEST FOR PROPOSALS NO. 2016'.204-KB DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE ; COLLINS PARK PARKING GARAGE (PHASE II) 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 e 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. 2016 - 204 -KB DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE H) 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 Certificates) 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 Proposers Authorized Representative; Title of Proposers Authorized Representative; Signature of Proposers Authorized Representative; Date; State of FLORIDA ) On this day of , 20 .., personally ) appeared before me who ) 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 1 directors and acknowledged said Instrument to baits voluntary act and deed, Before me: 4 Notary Public for the State of Florida My Commission Expires: ADDENDUM NO. 4 REQUEST FOR PROPOSALS NO. 2016-20443 DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE II) Section 2- GUARANTEED MAXIMUM PRICE REQUEST FOR PROPOSALS (RFP) No 2016.204.KB PHASE II DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE FURTHER BREAKDOWN OF LINE ITEMS INDICATED MAY BE PROVIDED AT THE DISCRETION OF THE PROPOSER 0A14,V,, -- P40F019A ..,t1." ,),-_ 00 &4:, ,,,, ,..._ ::. lisLaV:I. ' . ''n '''' 7:' ia 4L :WIC: 4',-.:,*- 0100 General conditions — , IT 'I At , .W.'". "•:, LS d ) ' 1 '%41. ' :1,.: 01 50 00 Temporary facilities And Controls LS $ $ 02 00 00 Existing Conditions LS $ $ 02 50 00 Site Remediation LS $ $ 03 30 00 Concrete IIIIffla $ $ 04 00 00 Mansory $ $ 05 60 00 Steel & Misc. Metals El $$ $ 05 50 00 Steel Canopies 07 10 00 Waterproofing MIN 08 10 00 Frames, Doors, & Hardware IIMIMIIIIIMII $ 08 40 00 Curtainwall/Storefront $ 09 20 00 Framing & Drywall MIIIIIIII $ 09 30 00 Tile il= $ $ $ $ 09 90 00 Painting & Coating 10 00 00 Specialties 11 00 00 Equipment MEI $ 12 00 00 Furnishings ' $ $ 14 00 00 Conveying System LS 1 $ 21 00 00 Fire Suppression LS 1 $ 22 00 00 'Plumbing LS 1 . $ 23 00 00 HVAC LS 1 $ $ 28 00 00 Electrical LS 1 , $ $ 27 00 00 Communications LS 1 $ $ 28 00 00 Safety and Security LS 1 $ $ 31 00 00 Earthwork LS 1 $ $ 33 00 00 Utilities LS 1 $ $ 33 00 00 Off Site Civil Utility Improvements LS 1 $ $ 33 00 00 Liberty Avenue Plaza (22 Street to 23 Street) LS 1 $ $ 33 00 00 Liberty Ave. Improvement (North of 23 Street) LS 1 $ $ 33 00 00 23rd SLImprovements (Collins Av. To Dade Blvd.) 1111=111111111 1 $ $ $ $ $ $ 00 00 00 Other Items Not Mentioned Above 1111111111111111111 Bonds and Insurance LS Design Fees LS ma. 5 ADDENDUM NO. 4 REQUEST FOR PROPOSALS NO 2018-204.K6 DESIGNISUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE II) Allowance for Permit Fees Ls 1 L$400,000,00 1:`0.04%;?'"rti''`IIT:ir;VT(r.A14 Vho, g•FTA-1. -)) 5,6tr,,dit .;Vi '&4 .ratg2,4 (igege4 V44(40C4' %/'+:;t0P $400,000,00 ** In the event of arithmetical errors between the division totals and the GMP , the proposer agrees that the GMP shall govern, 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 exeoute this proposal and commit the proposing firm) 1 sr goitimIttormial.1.7, tuamt101,01.404.31.0M1.41WavtliorptetoRtiutitm.1......13.04....1....1.10VIMinnittuavrot0Wwwwwwwenaniptow*Ilartmpipa.......V43.1...11.14.11,01eMal 6 ADDENDUM N(:) 4 REQUEOT ror?, PROPOSALS NO, 2010-20,4,43 DESION/EUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PAR1<ING GARAGE (PHASE 11) STEP 2 PROPOSAL RFP NO. 2016 - 204 -KB City of Miami Beach Design /Build Services for a New Parking Garage Facility and Related Infrastructure for the COLLINS PARK PARKING GARAGE l ShP Z lone E9, KAUFMAN LYNN CONSTRUCTION WALKER PARKING CONSULTANTS SOWARDS j �� G) E U 5 ARCHITECTS Aoctl„ LI FURTHER BR MAX P REQUEST FOR PROPOSALS (RFP) No 2016.204.KB PHASE II VICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRA TRU TURE FOR THE COLLINS PARK PARKING GARAGE AK OWN OF LINE ITEMS INDICATED MAY BE PROVIDED AT THE DISCRETION OF THE PROPOSER PSVAffiltftiO*0646 ADMNDUM NO, 4 REQUEST FOR PROPOSALS NO, 2010-20441<13 DESIGN/NILO MMUS FOR A NOV PARKING ()ARAM FA011.ITY AND 0011INS PARK PARKING 'OARAGIR (PHA8E11) mAirm INFIIA8TRUOTI/88 FOR l'Htt 4 0 r V5A . ... t t4 i , 41,. )4 't 4,04 " t. ' 1 .w.m.,“ A t% momeonmeen.....” ' i ht Et LS LS 4WAJAAIIA*AAMAA LS , 1 4..,o4 ',..— ' .4 I . ‘ • ... , • • ' ' '• . t , .1,527,624 —.' ........",,,,,,m, w/G0's " A% /AATTATrn 01 00 00 General Co iditions ■ ... , ',OA " , 1 ' " ' • ' ------- — ,.....m.,......a...a....1 ............,,.... 01 50 00 Temporary facilities And Controls ."'"" AA ,` ,A, ..4.... I' % 1AII*, $ $ 528,765. ''. ' '' 'A' „.... , .rn weu •••••.■ %MAO 02 00 00 Existing Conditions • , 1 Al % %-• AAHVVIOA A , $ N1C 1 , 1,117.■ . • . ,,, ,„. , „ • ... . . , ,,,, „„,„ •,,, „„.• ., • . .„ 02 60 00 Site Remediation MA W4WWW ■•■444■•■■■41rn411440-44441* 4 ...,..„......., a.“....4.6,..--..„..rn„.., ■ , , .. . „,,,,.„,,, 03 30 00 Concrete LS *,,,,,,,,,,,,,, LS LS two tits.. LS $ 7,160,590 tirocwitat.u, ttunt.....1, x $ 88,650 lv, v 04 00 00 Mansory `a •• ' In.',r,rn ..' $ 108,324 -HA* t. nt 06 60 00 Steel & Misc. Metals — — 06 60 00 Steel Canopies Lo — 1 i ,,,,,,nrromm,.... $2,666,963 /mime, AAA■ OPAII 4-- — --- — — — 07 10 00 Waterproofing . rt. LS eh,— . t ,, , , . — ,. $ _ $ 363,758 . — 08 1 0 00 Frames, Doors, & Hardware LS $ $ 45,143 _ . 08 40 00 Curtainwail/Storefront LS 1 $ 00 604 0 $ , 09 20 00 Framing & Drywall .„., .. . $ 244,195 $ N/A _... — 00 30 00 Tile LS 1 00 00 00 Painting & Coating 1 4. $ 151,000 ..„„„. „ .. . . ,......„ ....„„.. ... —00 00 Specialties 1 0 ............. „._ .__ ..___ LS LS 1 1 1 1 $ $ 115,190 . . .. _ $ 70,000 11 00 00 Equipment 4.76.01a.4414.49 4 4 M. 444.4.1 44, 4.1,41,44..401.4.1*/.0,1240,404444WW/IMIN40/ 4.4.141/041144411.6.0■VOI,44..../WWW14".......-.W4411•1440114, 12 00 00 Furnishings 14 00 00 Conveying System $ N/A $ 660,450 $ $ LS ..... _...., . 21 00 00 Fire Suppression L$ 1 $ --- $ 315,379 — "- - - 22 00 do 'Plumbing , ,..r, •,,,ayme.eume.rirosum. . • • ' • , . LS ,,,,,,,,,,,,,,,,„ 1 . 342,618 1 1 1 t.tt. . , $ 75,000 •,./..1.1..tiittoet.tt.ttwtga,tuF,Ammt■ $1,750,000 $ w/8loctrical ...,.....,I,L.,,,...• ay,..,,,yr , „ 23 00 00 HVAC LS L$ LS • ' ti Mtn. $ ,„,,,,,,,,,,,,,,,,...........stot.o.,,■■•■■■•,,,,,,,,,,,,,mmtt $ — _ -- 20 00 00 Ereotrical 27 00 00 Communications 28 00 00 Safety and Security Fr LS LS Hew $ $ nentst-,,,, atem, nr $ 78,000 *w/ExIsItIng Cond mf.o.m.,„, mm, r ' •••,•••., 31 00 oo. Earthwork , . , „. ., , , ■ n ,,, ...r.Y.d.e•WY•S , •■ . ' ', *,,,,,, ,. ,,,. ,_,,,,, 33 00 00 Utilities . LS. n m $ $ 297,000 — ..._ , . 33 00 00 Off Site Civil Utility Improvements LS. $ ..... - $ 868,440 $ 260,700 $ LS _ LS _ 1 33 00 00 Liberty Avenue, Plaza (22 Street to 23 Street) ------ 33 00 00 Liberty Ave, Improvement (North of 23 Street) 33 00 00 28 Stimprovements (Collins Av. To Dade Blvd) LS 1 $ .„. .$ 355,330 . , 00 00 00 Other Items Not Mentioned Above LS 1 $ $ 1,806,161 Bonds .and Insurance Design Fees LS — ,,Lq 1 — --.— 1 $ . 505,866 `"' . , . , , nn ..• A $ 1,614,750 $ PSVAffiltftiO*0646 ADMNDUM NO, 4 REQUEST FOR PROPOSALS NO, 2010-20441<13 DESIGN/NILO MMUS FOR A NOV PARKING ()ARAM FA011.ITY AND 0011INS PARK PARKING 'OARAGIR (PHA8E11) mAirm INFIIA8TRUOTI/88 FOR l'Htt Allowance for Permit Fees $400,000,00 $400,000,00 822,993,896 Alternate Facade Add $1,032,281 " In the event of arithmetical errors between the division totals and the MP , 'the proposer agrees that the GMP shall govern, ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART or THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE, WRITTEN TOTAL: Twenty two million, nine hundred ninety three thousand, eight hundred ninety six PROPOSER (Print): Kaufman Lynn Construction ADDREss: 4850 T-Rex Avenue, Suite 300 CITY/STATE: pow Raton, FL FEDERAL LO. 65-00981.15 NAME/TITLE OF REPRESENTATIVE (Print): SIGNED: ZIP: 33431 „ Michael Kaufman, President & CEO (I certify that I an authorIxad to exeouts this proposal and commit Ms proposing firm) PAMMI114401101AD DESIGN/EUILO SERVICES FOR A NEW PARKINOCARAGE, FACILITY AND RELATED INFRASTRUCTURE FOR THE, COLLINS PARK PARKING GARAGE (PHASE II) REQUEST FOR PROPOSALS NO,.2010,04-Kr3 Contractor's Clarifications GENERA. This scope is intended to expand and /or clarify plan interpretation in instances where the plans are in conflict or silent, Should the plans be in conflict with other contract documents, this proposal is based on the plans being the default, 1, This proposals description includes the following: Site Development of parking structure, Construction of one (1 ea,) 6 story parking garage building with retail shell space on the ground floor, 2, The following are excluded: a, Building permits fees are included as an allowance of $400,000,00, We understand this allowance would be applied to building permits, occupancy, connection fees, impact fees, etc, b. Builder's risk insurance and deductibles, Builder's Risk Insurance can be provided for an additional $65,000. c. Cost of site security and /or police presence throughout construction duration. d, Cost of any and all utility usage and resident trash removal services to the buildings after substantial completion is achieved, e. Owner Direct Purchase (ODP) administration and tax savings, all sales tax is included. FPL transformers, Primary Conduits and wire, and Deposits, g. Cable TV /Phone equipment and cable or phone wire from service point to communication room(s) and cable or phone wire from communication room(s) to unit. h. Fire Alarm Monitoring Service Cost i. Water Meters, Fees and Deposits j, Cost relating to Radon Mitigation. k, Commissioning and /or special testing engineer services. As -Built survey, vibration monitoring and /or vibration damage to adjacent properties as a result of construction, m. Removal, relocations, and main line installations to buiiding(s)point, including fiber optics' for gas (including meter), power, phone, cable, etc, These shall be provided by the appropriate service provider, n. Mock up not incorporated into the finish product. o, Owner FF &E unless specifically addressed in the plans and specifications p. Removal, disposal, remediation, and premiums associated with unforeseen or unsuitable soil conditions, hazardous materials, or other materials requiring a controlled removal /disposal other than Addendum No, 8 dated June 21, 2017. q. Asbestos inspections, reporting documentation and "All Clean "Certlfications, 3. This proposal is based on of the following documents and plans: a. Request for Proposals Dated 09/16/16 by Miami Beach b. Addendum 3 Dated 04/13/17 c. Addendum 4 Dated 04/28/17 (Phase 2 REP) d. Addendum 5 Dated 06/02/17 e, Addendum 6 Dated 06/08/17 f, Addendum 7 Dated 06/15/17 g. Addendum 8 Dated 06/21/17 4. It is anticipated that work will be performed during normal business hours (7:00 AM to 5:00 PM) 5, Regarding temporary and permanent power, temporary or construction power will be the responsibility of KL in its entirety. On permanent power and consumption, KL Is responsible for raceway only for incoming primary feed and for secondary and building power feeds complete. Once the permanent meter(s) have been installed by FPL for the project which cost and installation is an owner responsibility and required for equipment testing, KL. will no longer be responsible for its consumption henceforth, RFP NO, 2016 - 204 -KR- Phase 11 I City of Miami Beach DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY & RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE Contractor's Clarifications 6, Due to the volatile state of the construction market, all construction labor, materials and equipment are subject to significant price fluctuation which is beyond our control other than adding artificially to the project cost through escalation and contingency amounts. Resultantly, should the contract agreement not be finalized within 90 days after award, we must reserve our right to adjust /negotiate our proposed price based on these price swings dependant on actual start of construction. We most certainly will do everything possible to offset and /or minimize increases and will provide necessary backup documentation substantiating increased price, ALLOWANCES This Proposal includes the following allowances, which accounts for cost of labor, material, freight and handling, taxes, insurance, subcontractor markup and bond premium(if applicable): 1. Permit Fees $400,000 DIVISION 02 -SITE WORK 1. All meters will be provided by local utility providers. They will be purchased by the owner and installed by the contractor. DIVISION 03- CONCRETE 1. No qualification DIVISION 04- MASONRY 1. No qualification DIVISION 05- METALS 1, No qualification DIVISION 06 -WOOD AND PLASTICS 1. No qualification DIVISION 07-THERMAL AND MOISTURE 1, No qualification DIVISION 08 -DOORS & WINDOWS 1, No qualification DIVISION 09- FINISHES 1. No qualification DIVISION 10- SPECIALTIES 1. No qualifications DIVISION 11- EQUIPMENT 1. Trash bins and compactors are excluded, DIVISION 12- FURNISHING 1. No qualification DIVISION 13- SPECIAL CONSTRUCTION 1. No qualification DIVISION 14 CONVEYANCE 1. (3) 35001b elevators are included as Machine-Room-Less Traction with a travel speed of 200 fpm. DIVISION 15-MECHANICAL 1. No qualification DIVISION 16- ELECTRICAL 1. No qualification KIN END OF CONTRACTOR CLARIFICATIONS RFP NO, 2016- 204 -KB- Phase d 1 City of Miami Beach DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY & RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE AFFIDAVIT OF KRISTY BADA Kristy Bada hereby submits this affidavit and after being duly sworn states as follows: 1. I am the Contracting Officer 111 for the City of Miami Beach Procurement Department. 2. As part of my job duties, I manage formal competitive solicitations issued by the City, particularly with respect to construction and major procurement matters. My job responsibilities include the drafting of solicitation documents, responding to questions from proposers or prospective proposers, receiving and maintaining proposal responses, coordination of evaluation committee meetings, and assisting the Department Director on review of proposals for technical requirements, among other duties, 3. I have handled governmental procurement matters for over ten (10) years. I have served in my current position at the City since June 1, 2015, Prior to joining the City, I served in a similar procurement capacity for the Village of Palmetto Bay, Florida since 2007. 4. I am the procurement officer assigned to RFP 2016-204-KB (the "RFP") for the Design Build for the Collins Park Garage. 5, The RFP requires proposers to submit, as part of their proposal submission, one original copy of the proposal, ten copies of the proposal, and one electronic copy of the proposal (collectively, the "Proposal Package"). As part of the Proposal Package, proposers are instructed to separately submit a sealed Cost Tender Form, with their proposed pricing in response to the RFP. Proposers are instructed to include only one (1) copy of the sealed Cost Tender Form, which is opened at the conclusion of the Evaluation Committee deliberations, as the last step in calculating each proposer's total score and ranking. 6. The Procurement Department's intake process calls for a representative of the Procurement Department to time stamp a Proposal Package upon receipt, without opening the contents of the Proposal Package (usually submitted in a box, package or envelope). When a proposer hand delivers a Proposal Package, the person hand-delivering the Proposal Package will sign a Proposal Submission Log, indicating the proposer's company name, and the date and time the Proposal Package was delivered. When a Proposal Package is mailed, a Procurement Department representative will include the proposer's company name, and date and time of receipt on the Proposal Submission Log. 7. Proposal Packages are maintained at the Procurement Department's reception area (without being opened) until the deadline for proposal submissions has expired, which, for this RFP, was 3:00 p.m. on June 29, 2017, 1 8. On June 29, 2017, after the 3:00 p.m. deadline for proposal submissions for the RFP, as part of my duties for the RFP process, I received, and took possession of, three Proposal Packages relating to this RFP, along with the Proposal Submission Log for this RFP, which was signed by a representative (or courier) for each of the three proposers. At that time, I confirmed that I had in my possession a Proposal Package for each of the three proposers that signed the. Proposal Submission Log. I also confirmed that each package in fact included an original, copies, and electronic file. 9. I did not open any of the sealed Cost Tender Forms submitted as part of the Proposal Package and each of the Cost Tender Forms remained sealed. I then took all Proposal Packages to my desk. 10. On June 30, 2017, I reviewed all of the proposal copies and the electronic versions of the proposal submissions, to ensure that proposers did not erroneously include the Cost Tender Form along with the proposal copies. The Cost Tender Forms remained sealed. I placed each sealed Cost Tender Form in a file cabinet in my office, expressly reserved for original proposals and sealed cost tender forms. The only documents I maintain in this file cabinet are the original proposals (and sealed cost tender forms) for my active solicitation matters. 11. After placing the sealed Cost Tender Forms and original proposals in my file cabinet on June 30, 2017, I prepared the materials for Evaluation Committee members, in order to send a copy of each proposal to each Evaluation Committee member. On June 30, 2017, the Evaluation Committee member materials were couriered or mailed to each Evaluation Committee member for their review. 12. At no time did I remove the original submissions, or the sealed cost tender forms, from my file cabinet, at any time from June 30, 2017 until July 11, 2017, the morning of the Evaluation Committee meeting. 13. On July 11, 2017, I attended the Evaluation Committee meeting, which began at 8:30 a.m. That morning, prior to the meeting, I removed the sealed Cost Tender Forms from the file cabinet, and I brought the sealed Cost Tender Forms to the Evaluation Committee conference room, where the sealed Cost Tender Forms remained sealed, and in my possession, throughout the entire Evaluation Committee meeting, until it was time to open the sealed Cost Tender Forms in the presence of all persons attending the Evaluation Committee meeting, a meeting that was open to the public in accordance with the Sunshine Law. 14. After the Evaluation Committee members concluded their deliberations, collected each Evaluation Committee member's scoring matrix. At that time, opened each proposer's sealed Cost Tender Form in the presence of the Evaluation Committee and members of the public, including the proposers, who attended 2 the meeting, in order to calculate the points allocated to each proposer's cost proposal, based on each proposer's price submission indicated in the Cost Tender Form. 15. Upon opening Kaufmann Lynn's proposal, I immediately noticed that Kaufmann Lynn's Proposal Certification form ( "Proposal Certification "), a mandatory requirement of the RFP, was missing. In addition, I noticed that a line item in the Kaufmann Lynn Cost Tender Form, included a term "NIC," a term not familiar to me, particularly in a form calling only for prices in numerical form. I also noticed at that time that Kaufmann Lynn submitted, as part of their Cost Tender Form, an "alternate" cost proposal for a second version of a design for the project, even though the RFP did not contemplate submission of any alternate designs, and even though the Cost Tender Form did not include any provision for submission of an alternate price proposal. 16. The omission as to the mandatory Proposal Certification required by the RFP in Kaufmann Lynn's Cost Tender Form prompted me to state, on the record, at the July 11, 2017 Evaluation Committee meeting, that the Cost Tender Forms still needed to be reviewed by the Department for responsiveness, as each Cost Tender Form was being opened for the first time at the public meeting. As responsiveness determinations are handled formally, in writing, by the Procurement Director, following consultation with the City Manager and City Attorney (none of which were present at the meeting), it is not my role to announce or make any responsiveness determinations during the Evaluation Committee meeting. 17. Upon opening Kaufmann Lynn's Cost Tender Form, I texted the Procurement Director to ask him to come to the conference room, as I needed direction as to whether I should calculate the points allocated to Kaufmann for its price proposal based on the GMP proposal as indicated on the Cost Tender Form, or based on the "alternate" proposal that Kaufmann unilaterally added to the Cost Tender From. The Procurement Director advised me to use the line item for the GMP proposal called for in the Cost Tender Form, as the RFP did not call for, or provide any process for, evaluation of "alternate" cost proposals. 18. As my efforts in calculating the cost proposal scoring was the final step in the meeting, and because there were over 20 people waiting in the room for the final rankings of the Evaluation Committee process, I did not, at that time, discuss with the Procurement Director the responsiveness issue related to Kaufmann Lynn's failure to submit the mandatory Proposal Certification required by the RFP. 19. Upon calculating the points for the price proposals, I incorporate the points allocated to each proposer in the forms completed by the committee members, and I then tallied the final scores. 3 20. Following the conclusion of the Evaluation Committee meeting, I raised the issue of Kaufmann Lynn's failure to submit the mandatory Proposal Certification required by the RFP. FURTHER AFFIANT SAYETH NAUGHT. STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) BEFORE ME, the undersigned authority, personally appeared Kristy Bade, Contracting Officer III of the City of Miami Beach, who is eerson9llyknown to me or has produced as identification and, who after being duly sworn, deposes and says that he has executed the foregoing Interrogatories and that they are true and correct to the best of his/her knowledge and belief. SWORN TO and SUBSCRIBED before me this !) ',day of September, 2017. My commission expires: YAMII.EX MORALES Notary Publlc -State of Florida Commission Comm1SOfl# GG 071355 My Comm, Expires Mr 16, 2021 Bonded through Nationol Notory Mn. 4 /4a1 U2 NOTARY PUBLIC — State of Florida ) e ro I ( Print Name August 14, 2017 VIA COURIER Mr. Raul J. Aguila City Attorney City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 kfl,e,\( b5 - D PIA r ti Re: RFP No. 2016-204-KB - Collins Park Garage Dear Raul: ALEXANDER I. TACHMES, ESQ. PARTNER Shutts Et Bowen LLP 200 South Biscayne Boulevard Suite 4100 Miami, Florida 33131 DIRECT (305) 3477341 FAX (308) 347.7754 EMAIL ATachmes @shutts.com Shutts & Bowen LLP (the "Firm ") has been retained to represent KautMan Lynn Construction, Inc. ( "Kaufman Lynn ") in connection with the procurement of the contract to build the City of Miami Beach's (the "City's ") Collins Park Garage, also known as Request For Proposals No. 201.6;204 -KB (the "RFP "). Please accept this correspondence as a follow -up to my recent telephone conference with you. At the July 11, 2017 Phase ZI Technical Presentation, Kaufman Lynn was ranked by the City's RFP Evaluation Panel as the most responsive and responsible bidder for the RFP. Six days later, on July 17, 2017, the City Procurement Department notified Kaufman Lynn via letter that its bid was allegedly non - responsive to the RFP and would not be recommended for final approval to the City Commission, A true and correct copy of the "Non - Responsiveness Letter" is attached as Exhibit "A." In the Non - Responsiveness Letter, the Procurement Department contends that the City discovered that a Cost Tender's Certification Page was purportedly missing from its envelope. The Procurement Department claims it made this discovery almost three weeks after Kaufman Lynn provided a sealed envelope to the City containing the Cost Tender's Certification Page,' Please note that during that intervening three week period, the sealed envelope had been handled, opened, and maintained by the City. The Procurement Department's claim is As is mentioned in Ms. Kathleen Bernard's Affidavit (attached), during the course of the July 11, 2017 meeting, Procurement Department Employee, Misty Bada stated that she had a question regarding scope and pricing information in Kaufman Lynn's proposal. Certainly an enhanced level of scrutiny, as was provided to Kaufman Lynn's documents would have apprised Ms. Bada, or evaluation committee members present of a missing Cost Tender's Certification Page. No member of the Procurement staff or evaluation committee member made mention of the missing form during the. July 11, 2017 meeting. 2017 MO 21Pti 1:43 Mr. Raul J. Aguila August 11, 2017 Page 2 erroneous; Kaufman Lynn did include this Page in its sealed packet, Kaufman Lynn responded to the Non - Responsiveness Letter directly to the City Manager Jimmy Morales on July 18, 2017, A true and correct copy of the "Response Letter" is attached as Exhibit "13." For the reasons stated below, the Procurement Department's claim of non- responsiveness is without merit. Kaufinan Lynn was appropriately ranked first and should be awarded the contract. First, contrary to the Procurement Department's claim, the Certification Page was included with the bid. Among other things, we have enclosed herewith sworn affidavits from our client confirming that the page was included, We also have included evidence of our client's typical course of conduct in compiling RFP responses as well as the specific protocol for compiling the response in this case. All the evidence supports the position that the page was included with our submission. Second, even if one assumes, solely for the sake of argument, that the page was not turned in, the omission is an innocent, clerical mistake that is immaterial and cannot be the basis for disqualification. Our client always intended, and attests its intent now, to comply fully with the statements in the Certification Page, Case law makes clear that an innocent clerical error of this type cannot be the basis for disqualification of a bid. Cost Tender's Certification Page Was Traelnded Since its founding in 1989, Kaufman Lynn has competed for hundreds of municipal construction projects through the request for proposal process. As one of the largest construction companies headquartered in South Florida, Kaufman Lynn has developed and maintained specific in -house processes to ensure that RFP submissions are complete and accurate. To that end, enclosed please find Exhibit "C," Kaufman Lynn's summary of internal processing safeguards and a listing of those steps taken specifically for this RFP. Attached please also find affidavits from company employees and executives who have intimate knowledge of the RFP, and the preparation of our client's bid and state unequivocally that the Cost Tender's Certification Page was included in the sealed RFP packet. True and correct copies of executed affidavits are attached as Exhibit "17:" According to the affidavits, the Cost Tender's Certification Page was signed on May 2, 2017. It is worth noting that the copy of the allegedly omitted Cost Tender's Certification Page that is attached to this document as part of Exhibit B is dated the same date, The date and notarization alone should be sufficient evidence that the Cost Tender's Certification Page was included with the original submission. Cost Tender's Certification Pa a Is Not Material Notwithstanding the aforementioned assuming arguendo Kaufman Lynn did not include the Cost Tender's Certification Page the omission is a minor irregularity that must be waived by the City. Tropabest Foods Inc v. State of Florida Department of General Services, 493. So. 2d 50 ,hutts.corn a!0 —E. JR..A`03 7!....ta G..C� Mr. Raul J. Aguila August 11, 2017 Page 3 (Fla. 1st DCA 1986)(Finding that the test for measuring whether a deviation in a bid is sufficiently material to destroy its competitive character is whether the variation affects the . amount of the bid by giving the bidder an advantage or benefit not enjoyed by the other bidders). As attested to by Kaufman Lynn's President and CEO, notwithstanding the alleged omission, Kaufman Lynn does and always has intended to comply with the requirements of the RFP and the specific terms of the Cost Tender's Certification Page. The inadvertent omission or, in the alternative, the inadvertent misplacement by the City of the (ono page) Cost Tender's Certification Page in no way altered the offer made by Kaufman Lynn to the City. As you may know, the Cost Tender's Certification. Page merely certifies that only the party making the proposal has an interest in the proposal, that Kaufman Lynn visited the worksite, and that Kaufman Lynn agrees to contract with the City, if selected. All proposers make the exact sarne commitments in various other places in their bid, regardless of the existence, misplacement, or inadvertent omission of the certification page. While a ease -by -case analysis is not necessary for the purposes of this correspondence, it is important to note that the City cites to Robinson Elec. Co., Inc. v, Dade County, 417 So.2d 1032 (Fla. 3rd DCA 1982) in support of its position. The City's reliance on Robinson is misplaced because the Court's analysis and holding actually support Kaufman Lynn's position that minor irregularities should be waived if they are immaterial. Robinson states that a "variance is material if it gives the bidder a substantial advantage over the other bidders, and thereby restricts or stifles competition." Id. A missing Cost Tender's Certification Page, whether inadvertently misplaced by Kaufman Lynn, the City, or otherwise, did not impact the proposal that was ultimately made to the City and does not prejudice any other parties. Case law and relevant authorities indicate definitively that an inadvertent failure to include a signature page cannot lead to disqualification. Furthermore, the remainder of Kaufman Lynn's proposal, not to mention the staff hours and expense associated with producing same, shows a clear intent to be bound to the terms submitted by Kaufman Lynn. See Compaq Computer Corp. v. Dep't of Revenue, DOAH 02- 1721BID ¶¶ 51-60, 2002 WL 31440728, at *7 -8 (Fla. Div. Admin. H'rgs. Sept. 23, 2002)(finding that an improperly executed signature on a required form is not a material irregularity, particularly where the intent of the bidder to be bound is evident). The Third District Court of Appeal found that: There is a very strong public interest in favor of saving tax dollars in awarding public contracts. There is no public interest, much less a substantial public interest, in disqualifying low bidders for technical deficiencies in form, where the low bidder did not derive any unfair competitive advantage by reason of the technical omission." Intercontinental Properties, Inc. v. State Dept. of Health and Rehabilitative Services, 606 So.2d 380 (Fla. 3rd DCA 1992). Mr. Raul J. Aguila August 11, 2017 Page 4 In Intercontinental, the court ruled that the failure of bidders to include attachments documenting agent's authority to bind owner did not make bid nonresponsive. id. While not identical to the situation at bay, Intercontinental, provides significant support to Kaufman Lynn's argument that the allegedly omitted form is not a substantial deficiency. Waiver of Irreuularities Again, assuming arguendo that Kaufman Lynn did not include. the Cost Tender's Certification Page the City Commission has the authority under Section 2 -368, City of Miami Beach Code (the "Code "), to waive "any and all irregularities" in all formal bids. Additionally, and ever more clearly, pursuant to Section 21 of the RF'P solicitation documents, "the City may, at its sole and absolute discretion,_ waive any irregularities in this RFP, or in any responses received as a result of this RIP." Certainly, something as de minimus as an innocent, inadvertence is immaterial. The City Commission is well within its rights to waive such an insignificant irregularity, particularly in light of the significant evidence of Kaufman Lynn's intent to be bound to all of terms submitted for consideration. Rem ninina Bidders Ironically, it is worth noting that, while our client's bid has no material deficiencies, the remaining bids do have significant deficiencies. If the City determines that the omission of a single page (that in no way impacts the substantive proposal offered) renders Kaufman Lynn non- responsive, there must certainly be a review of the remaining bids. Those invited to participate in the Phase II Technical Proposal portion of the RFP were Kaufman Lynn, KVC Constructors, Inc. ( "KVC "), and Plaza Construction ( "Plaza "). Out of the three bidders, Kaufman Lynn was ranked first by three out of the four evaluation committee members. (and ranked second by the remaining member). In addition to the superior ranking, and notwithstanding the potentially omitted certification, Kaufman Lynn's proposal otherwise conformed to the RFP requirements and is in the best interest of the City. Both KVC and Plaza's responses to the RFP should be deemed non - responsive for nonconformity with the substantive RFP requirements. KVC's proposal appears to have violated the express requirements of the RFP Technical Criteria, Section 1.2 clearly states that "a minimum of three (3) passenger elevators shall be included" in the garage. KVC's proposal only provides for two (2) elevators, as was made apparent during the July 11, 2017 Phase II meeting. Additionally, KVC is also non - responsive for failure to comply with the Section 5.1 requirement which states that "two lobby spaces shall serve upper floor parking and include elevator and stairs." Unlike Kaufinan Lynn's immaterial alleged omission of the Cost Tender's Certification Page, KVC's violations are substantive in nature and directly impact the cost of the project, and if accepted, unfairly prejudice other gngi`S CaM _.1l „*'. x.;l Yi.� ,A :. ;:;)�i'. ...4F !!-:.�� -�3.�. 1.) .) �.... K Mr. Raul J. Aguila August 11, 2017 Page 5 proposals that meet such requirements. Most certainly, the elimination of an elevator (as required . by the RFP) decreases the cost of the project to KVC's benefit and other bidders' detriment. Plaza's proposal is also non - responsive in that its cost for the project exceeds the City's budget. The total budget for the project, as set by the City, is proposed at $23 Million dollars. Plaza's proposal came in at $23,989,390. In contrast, Kaufman Lynn's proposal came in at $22,993,896, Kaufman Lynn was required to, and did comply with the budget provided by the City. Certainly a bidder that adds almost one million dollars to a proposal has greatly impacted the technical, design and production criteria of their own project while limiting the abilities of those bidders who complied with the budgetary restraints. A proposal that would cost the . taxpayers almost a million dollars more than the most qualified proposal would not be in the City's best interest. Conclusion For the aforementioned reasons, Kaufman Lynn respectfully requests that it be recommended to the City Commission for award of the contract as the most responsive and responsible bidder. We are happy to meet and discuss this matter with you at your convenience. Kaufman Lynn's proposal was identified by the City's own evaluation committee, to be in the best interest of the City and to disqualify Kaufman Lynn in the face of overwhelming documentation establishing immateriality while approving two other proposals that violated the city's technical, budgetary, and design criteria is ultimately harming the City, community, and taxpayers. Please note Kaufman Lynn is not waiving and hereby reserves all of its arguments, claims, and rights. Thank you for your time and attention. Sincerely, Shutts & Bowen LLP de-Airo-Og %'L Alexander L Tachmes, Esq. Attachments MIADOCS 15188361 5 45608,0001 MLitt.. cam .4J) fD;i.? ,_k;. "„ e!;,, I MIAMI BEACH Prowro inent Dopartment, 1755 Mer Idlcm. Avenue, 3rd Floor, Miami Beach, Flortcka 33139, www,mlomlbeachfl,gov, 305-673,7490 July 17, 2017 SENT VIA E- MAIL: Ibgrdenakaufmanlynn.com Kaufman Lynn Construction, Inc. Joshua Harden 4850 T-Rex Avenue, Suite 300 Boca Raton, Florida 33431 RE: REQUEST FOR PROPOSALS NO. 2010-204-KB DESIGN/BUILD SERVICES .FOR ANEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE H) Dear Mr, Harden: The City has reviewed the proposal (the "Proposal") submitted by Kaufman Lynn Construction, Inc. (Kaufman), In response to the above-referenced RFP, The City finds that the Proposal submitted by Kaufman was incomplete, as it failed to comply with the submittal requirements established in Addendum No. 4 to the RFP. To begin with, Addendum No. 4 expressly notified Proposers as follows: Failure to submit the attached Cost Tender Form shall render proposal non-responsive, and said non-responsive proposal shall not be considered by the City. The City's required Cost Tender FOrm, a copy of which is attached hereto as Exhibit "1," consisted of two separate sections, namely (1) Section 1 – Certification, which Proposer was required to exeoute and notarize (the "Proposal Certification"), and (2) Section 2, for the Guaranteed Maximum Price form. In Its Proposal, Proposer altogether failed to include the required Proposal Certification. A proposal containing a material variance from the RFP requirements Is unacceptable. Robinson Ccunly, 417 So, 2d 1032 (Fla 3d DCA 1982), In determining whether a specific noncompllanoe constitutes a substantial, and henoe nonwaivable, irregularity, the courts have applied two criteria—first, whether the effect of a waiver would be to deprive the municipality of Its assurance that the contract will be entered Into, performed and guaranteed according to its specified requirements, and second, whether it Is of such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise undermining the necessary common standard of competition. Id, at 1034, Here, the instructions for completing the Cost Tender Form make clear that "Manure to submit the attached Cosilezley Lor,m shall render [the] proposal non-responsive, and said non- responsive proposal shall not be considered by the City," See Addendum NoA (emphasis in original), Moreover, a signed and exeouted Certification Form is nonwaivable, as the executed Proposal certification is essential to and is the very instrument by which, the City Is assured that the contract will be entered into and performed according to Its speolfied requirements. Further, by submitting the fully completed and executed Proposal Certification, the City is further assured that the Proposal is "made fairly and in good faith without collusion or fraud." Id. REQUEST FOR PROPOSALS NO, 2016- 204 -KI3 DESION113UILID SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE(PHASR II) Page 2of2 July 13, 2017 The failure to submit the fully completed and executed Certification Form was a material variation from the RFP that cannot be waived, as waiver of the Proposal. Certification requirements would place Kaufman in a position of advantage over other bidders who, unlike Kaufman, completed and executed the Certification Form, agreed to the RFP terms, and attested to its requirements. In thls regard, all proposers were on an equal footing and had the same opportunities as Kaufman to read and utilize the Proposal instructions, and submit the Proposal Certification, fully completed and exeouted. As permitting a variation of the foregoing requirements after the Proposal Due Date would deprive the City of the assurance that the contract will be entered into in accordance with the RFP requirements, and would undermine the common standard of competition, Kaufman's proposal must be rejected as non- responsive,1 Should you need additional information pertaining to matters of process or procedures, please contact Kristy Bade at (305) 673 -7000 ext, 6218, or e-mail: Iristybada mlamibeaohfi,gov, Thank you Al "15 ocurement Director Enclosures: Proposal Cover Page Cost Tender Form submitted by Kaufman Lynn, Inc, C: Rafael Granada., City Clerk P:I PURCI$ AL1.1 Sollcltations1201612016- 204K13 (Rf =P) D5 Collins Park Oarago114 - Phase 1116 - RosponsivonesalLetter of Non. Rosponsiveness- RFP 2010. 204 -KB ITS,SPS DBQM_KaufmanLynn,doo 1 Because the Proposal Is not responsive for failure to submit an executed and notarized Proposal Certification, the City need not address the deficlencles In the Section 2 Guaranteed Maximum Price Form that separately render the Proposal non - responsive, Including, without limitation, the designation of "NIC" (the meaning of which Is not.clear and was not contemplated by the RFP) in lieu of an amount in the Ilne Item for Site Fiemediation, We are committed to providing excellent public service and safety to all who live, work, and ploy In our vibrant, Tropical, historic community. EXHIBIT � �'m"n^",��u �^ MIAM I BEACH City of Miami Beach, 1755 Meridian Avenue, 3u Floor, Miami Beach, Florida 33139, PROCUREMENT DEPARTMENT Tel: 305-673.7490 Fax: 786,394-4082 ADDENDUM NO. 4 REQUEST FOR PROPOSALS NO. 2010~2U4-K8 DSIGN/BUILD SERVICES FOR A NW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR TH COLLINS PARK PARKING GARAGE (PHASE II) Aod|28.2O17 This. Addendum to the above-referenced RFP is being Issued.to notify you that your proposal was short-Iisted to pnvo8od with Phase 11 of Request for Proposals No 2O10'2O4~KB design/build services for a new parking garage facility and related infrastructure for the Collins Park Parking Garage and to provide other clarifications and revisions |mmVmd by the City. The RFP Is amended in the following particulars only (deletions are shown by str|kGth0Ugh and additions are und8M!ned). L ATTACHMENTS: Exhibit A: Cost Tender Form nort.tesricrasiveo and geld eon-responsive proposishall not be de•osidered Exhibit E3: Sample Design Build Agreement Any questions Addendum ehouWba submitted |n writing b} the Procurement Department to the attention of the |ndiV|dWm| named b8|ow. with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov, Procurement Contact: Telephone: Email: Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal, Q ly Aj;XDouJ Pr 9verment Director REQUEST FOR PROPOSALS NO, 2016.204.KB DESIGN/PURL SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE Fon THE COLLINS PARK PARKING GARAGE (PHASE II) 2 EXHIBIT A Remised Cost Tender Form n.WMAi'amrn aMrr *ims.riemtAIR1 1aanuARMVanaram IAMOVIKIMMIA oM MISmmMMO ellawwanAVwONAMIM ADDENDUM NO 4 auran REQUEST FOR 'PROPOSALS NO, 2016.2044(5 DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE'FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE 14) Nkl APPENDIX E %■o'• 0011 tOTI Cost Tender Form RFP NO. 2016-204-KB DESIGN/BUILD SERVICES FOR A PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ' abb. Fa lara, tho a tacliod rbem gbai rbodeir propos togrOn4lite, and said non-responsivo roPosal.shall not he considered by the City. Mtl1 WI qq1/1 ERAitnn, I NO.1004,110Mto oft 10MNixtantivalowOonatlItialOPI ittliMIM tRaMOMMAIKArtvfxmlippAraM1,1401Altntwo4s 143MostmgmaRtowamMnaingeN0 rati4.1*.fotAvhr.01■140.0.410410.04.10040.KON 3 ADDENDUM REQUEST FOR PROPOSALS NO, 2016.,204-KB [DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE II) 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 inforrned 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, 2016.204.KB DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE II) 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 shell 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 Authorize Representative; Signature of Proposer's Authorized Representative: Dote: State of FLORIDA personally On this day of , 20_, appeared before me who 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; IMIVI 49.... bits �Y: Wit.. 11Y�YWtlkN. m' NWiI� '40.04llfl0WIYUOrlitO'YIk Whitt fL�tiOUNI kY�ohaliaWG lfekiltl4Lm{IWemuMnant1ONWOmn tablYniMittalakYal PMkteWX101.'311, YAWN'Y04:019k001,4140 01 /14∎10411NMWN1 4 ADbISNDUIVI NO 4 REQUEST FOR PROPOSALS NO. 2016.204.10 DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE II) Section 2 — GUARANTEED MIAXIMUM.PRIC REQUEST FOR PROPOSALS (RFP) No 2016.204.KB PHASE II DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE FURTHER BREAKDOWN OF LINE ITEMS INDICATED MAYBE PROVIDED AT THE DISCRETION OF THE PROPOSER lM4 t4 s 1 { . - '� .. 'i+ i� t f { . Ij.' S ti �: ��,. t : l (ft( � �. $, S . , ,General 4 7 S • hy .rryl yX I T�� ?. „ <i l, ! r vfi Y 4 � t y 4 5 D i. e Y � ir ;4t i �GP f1 + "f {t �. y 2 e kw ' n fl �I + i; r . )�v•f 4i 1 '. 01 00 00 Conditions LS 1 $ $ 01 60 00 Temporary facilities And Controls LS 1 $ $ 02 00 00 Existing Conditions LS 1 $ $ 02 'S0 00 Site Rernedlation LS 1 $ $ 03 30 00 Concrete LS 1 $ $ 04 00 00 Mensory LS 1 $ 06 50 00 Steel & Misc. Metals LS 1 $ $ 05 50 00 Steel Canopies LS 1 $ $ 0710 00 Waterproofing LS 1 $ $ 0810 00 .Frames, Doors, & Hardware LS 1 $. $ 06.40 00 Curtainwail /Storefront LS 1 $ $ $ $ 09 20 00 Framing & Drywall _ LS 1 09 30 00 Tile LS 1 $ $ 09 90 00 Painting & Coating LS 1 1 $ $ $ $ 1000 00 Specialties LS 11 00 00 Equipment LS 1 $ $ 12 00.00 Furnishings - LS 1 $ $ 14 00 00 Conveying System LS 1 $ $ 21 00 00 Fire Suppression LS 1 $ $ 22 00 00 'Plumbing LS 1 $ $ 23.00 00 HVAC LS 1 $ $ 26 00 00 Electrical LS 1 $ $ 27 00 00 Communications LS 1 $ $ 28 00 00 Safety and Security LS 1 $ $ 31 00 00. Earthwork I:,S 1 $ $ • 33 00 00 Utilltles LS 1 $ $. 33 00 00 Off Site Civil Utility Improvements LS 1 $ $ 33 00 00 Liberty Avenue Plaza (22 Street to 23 Street) LS 1 $ $ 33 00 00 Liberty Ave, Improvement (North of 23 Street) LS 1 $ $ 33 00 00 23114 St,improvements (Collins Av. To. Dade Blvd.) LS 1 $ $ 00 00 00 Other Items Not Mentioned Above LS 1 $ $ Bonds and- Insurance LS 1 $ $ Design Fees LS 1 $ $ It.t 01,10CIHMtlf! Alv 4/WI`tQ UM 11111*.YNYMYIpntigabYrtMatlrassuu ainthZYImagovouvrawitylittlWlW14 nCoP 'WYYMri11..1......7..'NT'SMtlNi.. Y...0,. ...0fIYMIWry.94,. nI4...W.ItlMan,Lt1 REQUEST FOR PROPOSALS NO, 2015- 204.1 <B DESIGN /BUILD SERVICES FOR A NNW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE It) Allowance for Permit Fees L8 1 $400,000,00 ** In the event of arithmetical errors between the division totals and the GMP , the proposer agrees that. the GMP shall govern. ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE PROPOSAL MUST BE SUBMITTED IN DUPLICATE. WRITTEN TOTAL; PROPOSER (Print), ADDRESS, CITY /STATEN ZIP: FEDERAL LD, #: NAME /TITLE OF REPRESENTATIVE (Print); SIGNED: (I certify that I am authorized to execute this proposal and commit tho proposing fine) WIa4Y�MYMfMi VINIY Y RM.MIA, COMIUM LIfi .I.11.1t.t. w WMM akkOM1 %MqegWINIUDYOYWm11WWWWWW W0PhriWUW ill.100V14116M MIONI WE.4.04161 KIMIXOV MITMOR01 6 ADDENDUM M 4 REQUEST FOR PROPOSALS NO, 2016.204KI3 DESIGNIDUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE II) 2 ST [P 2 PROPOSAL RFP NO. 2016-204-KB City.of Miami Beach De$1p/Build Servkes ft a New Parking Garage Facility and Related Infrastructure for the COLLINS PARK PARKING GARAGE KALTMAN LYNN CONSTRUCTION WALKER PARKIN() CONSULTANTS sowARps ARC HITPQTS rtitarAPAM.T. REQUEST FOR PROPOSALS (FP) No 201$,204.,KEI PHASE II DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE" FOR THE COLLINS PARK PARKIN() GARAGE FuriTHER mAKDOWN OF LINE ITEMS INDICATES) MAY BE PROVIDED AT THE DISCRETION 05 THE PROPOSER r t,„„.......24 xte.,,,mm...v.1,yee,....„.„.„............,.......„,,,,......................,,,,,,....„..................,..,...„. 0 IAPPIANIJUIVI I,,IV■ 4 N4ou561' POP. PROPOSAI.8 No, 20i6.20446 ossieNisiiiLo smvicr,is rOR A NNW PARKING GARAW PAO/MY AND IIRLATN0 INNRAOTRUOTURO. roil TiAv. coLLINs PARK PARKINO OARAOR', (PliASE11). 01 rimmnra..mr.n.ner.,MIYMnserrnmVnIrenAMR,trnmorningnsymun...rmen....nlIvIl .,.............,u1M. 4 01 5000 Temporary faollities And Controls „.....„,. . , ImnI LS , 1 .yy., ... .. . • 4, ,,,,,,, ..“. ,,, ■ ,A. y , $. ,527,624 ., .,. ...,* $ Woo's ._..._.— _ _ 02 00 00 Existing 0onclitions L4 LS 1 1 ..,......... ' . $ $ 526,765 N IC $7,166,590 $ 88 660 $ 10%324 02 60 00. te RemodlatIon - u."...0 um,....,W. A .NNI 4■140.41.-,U+1.4.,■■• .1 ......m..m....Y. 4.0.... ....on u. .p.... 03 00 00 Concrete „------- - 04 00 00 Mansory 06 60 00 Steel 61 Miso, Metals LS LS 06 60 00 Stoel Oanoples „ . , $ $2,666,963 -------.-__- - - _ 07 10 00 Waterproofing 1.$ $ 66 1000 Frames, Doors, & Hardware L ` $ 46,143 -- ---- 08 40 00 Curtain/all/Storefront LS . . . $ 604,000 ..., ,.... , 00 20 00 FrapIN t!( Dirrall LS 1 $ 244,196 09.30 00 Tile -66 0-6 60 'Ii>airiling & Coating 0 LS 1 $ $ ... , - ........ - , $ N/A ' 161,000 $ 118,190 $ 70,000 4 N/A $ 660,450 $ 3'16,379 8 342,618 $ 78,000 ./.........,...t. $1,750,000 WETerical ifTot___— $w/ExIsItliin Cand $ zer,000 1 10-.00 00 Specialties 71 1 00 00 Equipment ,,,m,,,,,,,,..,,,,,I.,,y,„.,,,■,,,,m.,,,,,,,....,,..,,.4.,...,,,,, , .,,,„...,,,,,,,, 12 00 00 Furnishings 14 00 00 Conveying System ,.....,......... , , LS ' "44,... 1 - $ L L' 14, - - 21 00 00 Fire Suppression 22 00 00 'Plumbing 20 00 00 HVAO ...41.1.........w......swaal.1*.ma 26 00 00 Efe.otrioal 27 00.00 Communications. .. . . Oro ---- $ 1 1 Le LS LS —_, 28 00 00_,S_Ltfatalid Security 71 00 00 Earthwork 3. 06 60 'Utilities ...... 33 00 00 Off Site 01v11 Utility Improvements ... J,...,.. Ls *et* Ls ' Ls 1 fi $ 858,440 $ 260,700 PA $ ,.. — ..... ■ Muu4,■ 33 00 00 Liberty Avenue Plam(22 Street to 23 Street) _ 176867 Liberty Ave, Improvernerit (North of 20 Street) ---- 30 00 00 23 Stimprovernents (Collins Av, To Dade elvd,) — LS 1 , ,$ 355,330 $ 17806,161 00 00 00 Other items Not Mentioned Above L$ $ . „ Bonds and Insuranoe ,/,.. LS $ 605,866 ,..„ Desjgn Fees ..,... ,..— L 1 $ 1,614,750 r t,„„.......24 xte.,,,mm...v.1,yee,....„.„.„............,.......„,,,,......................,,,,,,....„..................,..,...„. 0 IAPPIANIJUIVI I,,IV■ 4 N4ou561' POP. PROPOSAI.8 No, 20i6.20446 ossieNisiiiLo smvicr,is rOR A NNW PARKING GARAW PAO/MY AND IIRLATN0 INNRAOTRUOTURO. roil TiAv. coLLINs PARK PARKINO OARAOR', (PliASE11). Allowance for Permit P�. 1 465;66o,00. i4O75,6TE $22993896 Alternate- Facade Add $1,032,28 " In the event of arithmetical errors between the division totals and the GMP , 'the proposer agrees' that the CAMP shall govern. ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO RE CONSIDERED PART Or THE PROPOSAL MUST RE SUBMITTED IN DUPLICATE. WRITTEN TOTAL: Twenty two million, nine hundred ninety three thousand, eight hundred ninety six pRoposER (pro: Kaufman Lynn 'Construction ADDRE,ss 4850 T-Rox Avenue, Suite 500 CITY/STAT5: ,1,3,0oaliatori, FL FEDERAL, U 65"°°98115 NAME/TITLE Or REPRESENTATIVE (Print); MichaelKaufman, President & CEO Zip: 33431 (I certify that Ism authorial td Smote ON proposal and commit tho proposino firth) IVIMM70010 MitiTglin7744701441=440211MORMAIMMUll/ do, A WO M"Ot KOMINRWOMAOMPO t WWI 1 rirmuosT FOR PROP0aA1.8 NO, 2010.204-103 man N1r3L111.1) $3firiV10138 FOR A NW PARKIN() ARAfl FAOILITY ANO RNIATE10 INE'RASTRUOTURE, FORTmi 0OLLIN8 PARK PARKING (ARAM (P1-1A8111 11) Contr l tor's Cl Nri ations GENERAL This scope is intended to expand and /or clarify plan Interpretation in Instances where the plans are In conflict or silent Should the plans be In conflict with other contract documents, this proposal is based on the plans being the default 1, This proposals description includes the following: Site Development of parking structure, Construction of one (1 ea,) 6 story parking garage building with retail shell space on the ground floor, 2. The following are excluded: a, Building permits fees are included as an allowance of $400,000.00, We understand this allowance would be applied to building permits, occupancy, connection fees, Impact fees, etc, b, Builder's risk insurance and deductibles, Builder's Risk Insurance can be provided for an additional $65,000, c. Cost of site security and /or police presence throughout construction duration. d, Cost of any and all utility usage and resident trash removal services to the buildings after substantlai completion is achieved, e, Owner Direct Purchase (ODP) administration and tax savings, all sales tax Is included. f, FPL transformers, Primary Conduits and wire, and Deposits, g, CableTV /Phone equipment and cable or phone wire from service point to communication room(s) and cable or phone wire from communication room(s) to unit. h. Fire Alarm Monitoring Service Cost 1. Water Meters, Fees and Deposits J. Cost relating to Radon Mitigation. k. Commissioning and /or special testing engineer services, 1, As -Built survey, vibration monitoring and /or vibration damage to adjacent properties as a result of construction. m, Removal, relocations, and main line Installations to building(s) point, including fiber optics for gas (including meter), power, phone, cable, etc. These shall be provided by the appropriate service provider, n. Mock up not incorporated into the finish product, o, Owner FF &E unless specifically addressed in the plans and specifications p, Removal, disposal, remediation, and premiums associated with unforeseen or unsuitable soil conditions, hazardous materials, or other materials requiring a controlled removal /disposal other than Addendum No, 8 dated June 21, 2017, q. Asbestos Inspections, reporting documentation and "All Clean "Certiflcatlons. 8, This proposal is based on of the following documents and plans: a, Request for Proposals Dated 09/16/16 by Miami Beach b, Addendum 8 Dated 04/18/17 c. Addendum 4 Dated.04 /28/17 (Phase 2 RFP) d. Addendum 5 Dated 06/02/17 e, Addendum 6 Dated 06 /08/17 f, Addendum 7 Dated 06/15/17 g. Addendum 8 Dated 06/21/17 4, It Is anticipated that work will be performed during normal business hours (7 :00 AM to 5:00 PM) 5. Regarding temporary and permanent power, temporary or construction power will be the responsibility of KL In Its entirety, On permanent power and consumption, KL is responsible for raceway only for Incoming primary feed and for secondary and building power feeds complete. Once the permanent meter(s) have been Installed by FPL for the protect which cost and installation is an owner responsibility and required for equipment testing, KL will no longer be responsible for Its consumption henceforth, 10, RFP NO, 2016-204-KB - Phase 111 City of Mlaml Beach (DESIGN /BUILD SERVICES FORA NEW PARKING GARAGE FACILITY 84 RELATED INFRASTRUCTURE FAR THE COLLINS PART( PARKING GARAGE Contrado "'s ClatifOti.ons 6, Due to the volatile state of the construction market, all construction labor, materials and equipment are subject to significant price fluctuation which Is beyond our control other than adding artificially to the project cost through escalation and contingency amounts. Resultantly, should the contract agreement not be finalized within 90 days after award, we must reserve our right to adjust /negotiate our proposed price based on these price swings dependant on actual start of construction, We most certainly will do everything possible to offset and /or minimize Increases and will provide necessary backup documentation substantiating increased price. ALLOWANCES This Proposal includes the following allowances, which accounts for cost of labor, material, freight and handling, taxes, Insurance, subcontractor markup and bond premium(if applicable): 1. Permit Fees . $400,000 DIVISION 02-SITE WORK 1, All meters will be provided by local utility providers, They will be purchased by the owner and Installed by the contractor. DIVISION 03-CONCRETE 1, No qualification DIVISION 04- MASONRY 1, No qualification DIVISION 05- METALS 1, No qualification DIVISION 06 -WOOD AND PLASTICS 1, No qualification DIVISION 07- THERMAL AND MOISTURE 1, No qualification DIVISION 08^DOORS &WINDOWS 1, No qualification DIVISION 09- FINISHES 1, No qualification DIVISION 10- SPECIALTIES 1, No qualifications DIVISION 11-EQUIPMENT 1, Trash bins and compactors are excluded. DIVISION 12. FURNISHING 1, No qualification DIVISION 13. SPECIAL CONSTRUCTION 1, No qualification DIVISION 14 - CONVEYANCE 1, (3) 55001b elevators are included as Machine -Room. LessTraction with a travel speed of 200 fpm. DIVISION 1S-MECHANICAL 1, No qualification DIVISION 16- ELECTRICAL 1, Noqualificatlon 10. END OF CONTRACTOR CLARIFICATIONS RFP NO, 2016 - 201 -KB - Phase 11 City of Mianii Beach DESIGN /BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY & RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE . . " . , ^ . / ^ i / | ' � juiy 18., 2017 (ViaHan6 Mail and »W|'JiMn, Mxalex»mlo [beach l^n* Jimmy Morales, City Manager City of Miami Beach Z700 Convefltl�n Center Drive m 4 F|oor Miami Beach, FL33238 RE; RESPONSE_ TO CITY'S CORRESPONDENCE AND REQuEsT FOR RECORSIDERATION/IVIEETING CITY OF IVIIAM1 BEACH REQUEST FOR PROPOSAL, NO, 2016-204-KB x^eH.HoANG oO LEGAL OFFICER Hxv^woOmwFMAmumw.COw $61.886.011 (P), 561.36L6979 (la Mr, Morales, Kaufman LvonCono r�d1on,|m�W|nrame�toftheC|tyofK4|aM1|Bead1�he"C�v«)PmcVnamwD Lynn � July 17, 2017 identified as a "Letter of Non- Dopm�n�ntn' correspondence dated yesterday uy , AespoUa(Vemsms" and asserting that Kaufman Lynn Construction's proposal in connection with City RFP No ' 2016-204-KB ("RFP") was not responsive and will therefore not be recommended to the City Commissioner, Ao Chief Legal Officer, | have ben asked to tothe legal and actuaI allegations sat forth therein as wefl as request reconsideration. Vm also respectfully request o meeting Vv|th the City Manager before a 'recommendation is presented to the City Commission that excludes Kaufman Lynn Construction's Proposal, Upon receipt, please contact our Vice President #f Development Jeffrey Zm|Nn (954.8U7852) so that we may fully have an oppotunity to meet and dlscuss the CIty's positlon IL ck of Res ialja_a_g_aula_e_a_reniess t art The CIty's Procurement Department asserts that the Cost Tender Form's Certification Page was missing from Kaufman Lynn Construction's Sealed Cost Proposal and relies on the case Electric Co, v. Dade {�4I�y . Based on our internal review and Investigation, Kaufman Lynn Construction provided a complete CootTo'ndarRoymVYhiuhwamremovodf,onnmSew|mdContPUupoaa| envelope, read from, and r&ied upon as part of the technlcal proposal, presentatlon, artcl dollberatiorts held on July 11, 2017 by the Clty as sat forth in Section 0400 detailed in the RFP, page 18. As you are aware, the City Manager's representative David Martinez was present during such detiberations and at that time, there was no objection that the Cost Tender Form was Incomplete oFotherwise unresponsive. To establish chain of custody, enclosed please find a copy of our or|Q]/-|f||a version maintained as part ef Kaufman Lynn Construction's record included |Dth�SeaedCostPropoxa|eUve|opmand required by keeping which mirrors / the City, Regardtess, for the reasons set forth below, Kaufman Lynn Construction's Bid was responsive and must he consldered for the best interest of the city pmmryiew On July 11/ 2017, Kaufman LYnn Construction participated in the Phase II Technical Presentation as part of the RFP process. As part 'ofthe presentation, the city reviewed the Cost Tender Form and Technical Proposal. At that time, the City, by and through four panelists, collectively ranked Kaufman Lynn Construction's Proposal was superlor to the other participants and in the best Interest of the City, In particular, three out of four panelists ranked Kaufman Lynn Construction's Proposal first and FORT LAUDERDALE .� A �/ FL 1��BHu�U�m �#1�U��n FL 33131 000Eam�u�8|vd.,#1Y14FtLnudv�o|� ., /. P:864.320.7022w F: 954,320,7026 I': 786,360,1066 ra F: 786,623,7989 BOCA RATON 4800 T.11ex Avo„ Suite 30O Boca Raton, FL 33431 P: 661.361.6700 w F: 561,361,6979 Ylia,amti'��..°^.-',�i. C(1(1P2 701 MA. JIMMY L. MORALE'S JULY 1,8, 2017 PAGE zms accum4latively, !Kaufman Lynn Construction's proposal exceeded th second ranked proposal byw significant 1Opoints, At no relevant time did the Qt/ upon the review and incorporation of the Tender Cost Form identify any deficiencies. At no relevant time during the bidding process, phase or phase U evaluation process were any deficiencies identified that might give Kaufman Lynn Construction an unfair advantage over the other bders or othorwlse reitrct or stifle ompetIton. In other vor d x, ot that the dnmuf City's July 11, 2017 deliberation, nothing was deemed to urifalrly rrnpact the evaluatlon• or revlew of Kaufman Lynn Construction's Proposal ar other bidder's Information. Any deficiency In the Cost Tender Form would have been noted during the July 11, 2017 deliberation because the Cost Tender From was specifically highlighted and discussed due to the alternate facade notation. As part Qf the deltberatlons and preseritatlon, Kaufman Lynn Construction discussed the facade and pricing while committing to the pricing as set forth in the Tender Cost Form, Agafti, as part of the deliberations, the City confirmed receipt and applied the Cost Tender Form without noting any dofidonoy. gilii_Ultn Duties and putrsuant to the RFP, the City Manager is authorized to recommend to the City Commission the respondent(s) he be the best interest of the City To �x�u deKaufman Lynn Construction's Proposal from the CitvK8mnoQer�rmv|eVvvvuu|dnot be|n the best interest nf the City. |nataad.thuRFP ' highlights Miami Beach City Code (the "Code") Section 2'369 which Uot x relovant factors such. as abilty, capacity, and skill. Under Code Section 2-@71/|t|uthe Cty Manager or clty attorney that determlnes responsiveness of a proposal and not the Procurement Department. Accordingly, Kaufman Lynn Construction hereby request the opportunity to speak with the City Manager s part of its request that the City reconsider its determination of lack ofresponsiveness. Materiality it Is important to note that even assuming, arguencio, Kaufman Lynn Construction's Cost Tender Form dicl not include Section 1, such omission, which is again denied, lacks materiality as defined under applcable casa taw ar otherwse as to overcome the July 11, 2017 deliberations finding Kaufman Lynn Construction's proposal was In the best interest of the city. Under Florida Statute, 287.012(26) "Responsive bid," "responsive proposal," or "responsive rep|y" means a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. In this matter, the City asserts that Kaufman Lynn Construction did not certify its commitment to perfarrnlng as reculred by the RFP. Kaufman Lynn Construction meets this requirement because Section 1 of the Cost Tender Form ' was contained in the Sealed Cost Proposal. In addition, Section || of the Cost Tender Form includes oe[t|f/oet|oDwh|rhvpedf|co||yototes,^|cert|fvthat|omamthodzedtoexocutethiopropova|andcumm|t the proposing firDfamong other language affirmatively cpmm|tt|ngtothap[opoom|praxeDtedospadnl|y In conjunction with the attached Contractor's C|or|f|cgt|una, Contractor's Clarifications commit to the pricing set forth In Section(' of the Cost Tender Form as well as other requirements contained in the RFP i I' , X.lY N 001MIliTYCVON MR. JIMMY L. MOFIALES JULY 18, 2017 PAPR3OP3 and Addendums, The Phase II evaluatlan and deliberations further included or& commitments that Kaufman Lynn Construction to Guaranteed Maximum Price, Further, Kaufman Lynn Construction will not and has not provided any indication that it will not commit to the representations already contained in Section II, the Cost Tender Form, its Proposal, or the Clarifications set forth therein, Irre tale rides av be Way Kaufman Lynn Construction further notes that the City has the authority to waive any and all irregularities In any and all formai bids per Code Section 2 -367 and applicable law. Even If Kaufman Lynn did not submit a one -page Proposal Certification, such absence would be immaterial (a minor irregularity). end Is certainly walvabla, Such page has nothing to do with the competitive nature of the solicitation or place a proposer such as Kaufman Lynn in a competitive advantage, See Harry Pepper & Associates, Inc,. v. City of Cape Coral, 362 So,2d 1190, 1193 (Fla. 2d DCA 1977) ( "The test for measuring whether a deviation In a bid Is sufficiently material to destroy its competitive character is whether the variation affects the amount of the bid by giving the bidder an advantage or benefit not enjoyed by other bidders,'). This claimed omission does NOT impact the price or affect the price In any way, It does NOT destroy the competitive nature of the RFP's bidding process. It does NOT give one proposer a competitive advantage over another proposer, And, it does NOT and did not prevent the City from making a fair comparison of the proposals it received, See Trapabest Foods, Inc. v. State, (Dept, of .General Services, 493 So,2d 50 (Fla. 151 DCA 1986) (finding that although successful bidder's bid violated bid specification the violation did not affect the price of the bid and the "purpose of competitive bidding Is to secure the lowest responsible offer and minor Irregularities can be \valved In effectuating that purpose. ") As the Tropobest Foods Court long maintained, However, although a bid containing: a material variance is unacceptable, not every deviation from the invitation to bid is material. It is only material if it gives the bidder a substantial advantage over the other bidders and thereby restricts or stifles competition. 493 So.2d at 52, This long- standing principle was further confirmed by the Third District in Iiterc tine a P ertie Inc. v. Ste .e beet of Health and Rehabilitative Services, 606 So.2d 380, 386 (Fla, 3d DCA 1992), stating that there Is a very strong public interest in favor of saving tax dollars in awarding public contracts. There is no public interest, much less a substantial public interest, In disqualifying superior bidders for technical deficiencies in form, the superior bidder did not derive any unfair competitive advantage by reason of the technical omission, Indeed, in Intercontinental Properties, the Third District stated that the bidder's failure to attach proof of the agent's authority was nonconforming and easily remedied: "This is plainly the sort of deficiency which a public agency can, in its discretion, allow a bidder to cure after the fact." Id at 386 -87, Hence, although a bidder cannot change its bid after bid - opening, a proposer can cure minor Irregularities after bid - opening. See 1-lerry Pepper & Associates, Inc;, 352 So,2d at 1192 (Fla, 2d DCA 1977) (explaining bid could not be amended post opening because the bid included the wrong brand of pumps to be installed per the specifications and there was a big difference between the pumps that impacted the solicitation). II ,ci Bl1.kucr,c N MR, JIMMY L. Mo84LCs JULY 18, 2017 PAGg 4 OP The Robinson Case Supports Kaufrro LrCo. r�structions Request: for Reconsideration. The Procurement Department's reliance of the Robinson Case Is misplaced, The Robinson Court, when applying the two prongs of determining materiality, stated that a. direct and intentional variance of the instructions did not amount to materiality, In Robinson, although required and set forth In direct contradiction of a government agency's written instructions, a superior bidder failed to provide a bid bond and Instead provided a cashier's check, The Court held that the superior bidder should have prevailed because the variance should not be deemed material. The lack of a bid bond did not deprive the municipality of its assurance that the contract will he entered into, performed, and guaranteed according to its specified requirements. The Robinson Court highlighted the fact that the request for bid contemplates the need for the superior bidder will be required to enter Into an agreement as described in the "Advertisement to Bid," Even more Importantly, the Court determined that a variance should only be considered; material If it give the bidder a substantial advantage over the other bidders, and thereby restricts or stifles competition," Id, at 1034, The City has not and cannot state how a missing signature page gives Kaufman Lynn. Construction an substantial advantage over the other bidders, especially in light of the fact deliberations took place before any deficiency was asserted, Like in Robi son, every bidder responding to the RFP were on equal footing during the Phase I and Phase I1 evaluations and deliberations. Further, In addition to the RFP requiring the successful bidder to enter into, perform, and guaranty according to the specific requirements of the RFP, Kaufman Lynn Construction made commitments to perform the same by responding the RFP with its Proposal, including a certification on Section 11, verifying its commitment as part of the oral presentation and deliberations, and set forth the commitment in detail in its Clarification, Kaufman Lynn Construction's commitments besides those found an the missing Section I. go beyond those commitments required by applicable law, Kaufman Lynn Construction's purported lack of responsiveness does not rise to the level of failing to provide a bid bond which our Courts have deemed immaterial, Summary of other Relevant Cases Although Kaufman Lynn did submit the Section I of the Cost Tender Form, the City's Letter of Non - Responsiveness letter is really much ado about nothing since this deals with a minor, walvable irregularity. In further support of this, in Technical Sales of Jacksori'4j , Inc. v City of Jacksonville,, 258 So,2d 839 (Fla, 15" DCA 1972), the First District held that the City could waive the fact that the successful bidder failed to submit a bid on the proper form contrary to the instructions to bidders that also required the bidders to note any exception to the specifications, which the successful bidder failed to do. See also, e.g., Trimble Navigation Limited Cor ,v De art ent of Trans or atlon, Case No 12- 3862BID, 2013 WL 2395587 (DOAH IVlay 28, 2013) (Department's decision to waive RFP's requirements for three references on letterhead did not give proposer a competitive advantage); Sunshine Towing @Broward, Inc, v, Department of Transportation, Case No. 10••0134BID, 2010 WL 1417770 (DOAH April 6, 2010) (Department could waive proposer's failure to include required occupational licenses as this was a minor Irregularity); Palm Beach County Youth Coalition v. Palm Bach County Workforce Development Board, Case No, 00- 152751D, 2000 WL 1612168 (DCAH October 20, 2000) (omissions In proposer's proposal MR. JIMMY MORALES JULY 18, 2017 PAGE 5 Oft KAUFMAN N CO . TBDUT N including not provicling a certification was a minor irregularity that should have been waived In light of the circumstances); Professional Centre IV, Inc, v. Department of Health and Rehabilitative Services, Case No. 90'4083B|D/199O . L749245(DDAHAV0ust6/1g90)(to|iurmto|nu[udeoart|Ozotloniatturaatforth in bid submittal form could have been waived In light of the circumstances),I wNVC" To the extent required, please also accapt thls correspondence asnresponse to the footnote on existing and n� conditions page 2. Aao��md|n Addendum 8, nQo unforeseen mnooUntered. The GIMP form includes duplicative line items based on Addendum 8: (1) existing conditions and (2) site renned|at|on. In other words, Un$ Items for existing conditions Includes managing all soil encountered as affirmatively addressed In Contractor's Clerlfications (sections 2.p, and 3.g.), Accordingly, Site Remediation costs different and distinct from those required under Addendum 8 are not included and hence "N|C» which stands for Not included, Likewise to the extent $Ita Rernodlatlon Involves Exlsting ConciltIons, such costs are part of the Existing Conditions arid the total GNI', as clarified by Contractor's Clarification. Using the same analysis In connection with the Section I page of the Cost Tender Form above, the usa af the term "NIC" ar Not Included In Ilght of Addendurn .8, the Tender Cost Form, and, Contractor's Clarifications should not be considered unresponsiveness, Coricloslort Kaufman Lynn Construction trusts that the City will consider Knufmn Lynn Construction's factual and lega argUments and Iaokforward to speakingwlth you In greater detat. Please note, we are provdlng this correspondence |n[axpoUo$tothe[1hy'uLetberofNon^Rampgno|vaAenamndOota8partofnProtmot Process because, among other reasons, the initiating a Bid Protest would be pre-mature at this time and Kaufman Lynn Constru t|on|$hopeyu|VVecanovo|dpmt,octedd|oputeregn|ct/onpn):edunam. However, Kaufman Lynn Construction |a not wving and here.by reserves Its rlght to pursue all remedies available including protesting any award or recommendation that does not include Kaufman Lynn Con$truction'o proposal. As stated above, we are hopeful a meeting between yourself and Jeffrey Zalidn can take place as soon as possible and before a recommendation is provided to the City's Commission. |U the meantime, should you or your city attorney require any additional Information please do not hesltate to contact me. Thank you for yourtlmo and attentlon. Very truly yours, Hans H. Huang cc: via eniatl; Kdsta Boda,Kdwtabada@nliamlbeoohf.gov This hjustun example mydocishn treatinR analogous omissions as nothing rnore than a walvable, minor irregularity, tegtjori, ts1 ItIgitn: The undersigned, EiA Proposer, hereby declares that the only persons Interested In this proposal as principal are named herein and that no parson other than herein mentioned has any Interest In this proposal or In the Oontraot to be entered into; that this proposal l Made without oonneotion with any other person, firm, or parties making proposer; and that It Is In s1 respoots, made fairly and In good• faith without collusion or fraud, The Proposerfurlher declares th.at It has examined the site of the Work and Informed Itself fully, of ell conditions pertaining to the place where tha Work Is to be done; that it lies. examined the Oontraot Documents end all addenda thereto f1gniehed before the opening of the proposals, as acknowledged befow; and that it has satisfied Itself aboutthe Work to be performed; and all other required Inforination With the proposal; and tattle proposal is submitted voluntarily and The Proposer agrees, If this proposal te amepted, to oontraot with the ORy s political subdivision of the State of. Florida, pursuant to to terms and oonditIons, of the Oontraot Documents and'to knish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct end.00mplete within the time lints specified the Work covered, by the Oontraot Documents forth° Project entitled: REQUEST FOR PROPOSALS (RP) NA, 2016.204.-KB DESIGN/BUILD SERVICES FOIR A NEW PARKING GARAGE PAGILITY AND RELATED IN.FRASTRUOTURE FOR TI,IE QOLLINS PARK PARKING GARAGE (PHAS.E II) The Proposer also agrees to furnish the required Performance Rand and Payment Dond or alternative form of seourity, If permitted by the City, each for notless than tha total proposal Ow plus alternates, if any, provided In the RPP Price Form In Seaton 044 and to 'furnish .the required Dortificate(e) of insurance., in.the event of arithmetloal errors between the division totals and the Malt aso proposal In the PP Frio Porn, the Proposal ag roes that the total base proposal shall govern . in the event of a discrepancy between the numerical total base propesellind the written total base propesalpthe written total base proposal shall gQVOM, In absence of totalasubmitted for any envision cost, the OFty shan fhtetpret as no proposal for the dIvISIon, which may disqualify the Proposer„ Name Prop0B91 8 ,R1110 Oct Roprosontativel Michael Kaufman elpitture of PeoposorVAulkloriMd rOpr Ilta001 • .00.0 tote of FLOVO personally ProposoilAulhorlmt Rogresentative1 President and CEO Date; 5/2/2017 On thla ;1711'1.dfty. of corporaflon, and that the Instrument was signs n behalf c( ) s stated that .(s s e isl• dIrootors and acknowledged saki Instill ent to belts volunt) 1ft Notory Otihno Moto l Ployllm 1,vorvAlmolda ° mvOqmpalooliOn WOW Et4pIrcis OttfkvitA010 •0: said carp. i ot end dee 4 j7 Q c of on by autlorIty of its board of 1l FiQddl -'etary Publlo for the tate o f My Commission Expires 100.1.#4.10040.44 1.4310agbitTetr.W.M41400,4.004.112.4114,1*"...14■44,44,41.4.614#110.1.1.4.1..n. MOM FoRpROposALs NO 2010404AE 0ESI5N/13U11:D S.RVICE? FOR A NOV PARKING GARAGE pAoLITY AND RELATRD INPRATRuoTURE FO I' THE ooLLINS PARK OANKING OANAGE (rion11) Y4V001 I AUTFMAN LYN CONSTRUCTION INTRODUCTION The marketing department of Kaufman Lynn Construction (Kaufman Lynn) follows a set process for creating, assembling, and responding to Request For Proposals (RFPs) and Request For Qualifications (RFQs), This process is Kaufman Lynn's set procedures to ensure that proposals are compliant regarding the requirements of the RFP /RFQ. PROCESS The process of creating, assembling, and responding to a RFP /RFQ is one that is followed on all of Kaufman Lynn's submittals and was utilized in the Design /Build for a New Parking Garage Facility for The Collins Park Parking Garage (RFP No 2016- 2014 -KB). This process is as follows: RFP /RFQ received by. Kaufman Lynn and distributed to all involved parties. Related dates put into marketing calendar, Marketing personnel creates Kick -Off Worksheet which includes all requirements of the RFP /RFQ. Kick -off meeting is held to review Kick -Off Worksheet. Marketing sends out Responsibility Matrix based on Kick -Off Worksheet covering the complete deliverable(s). As items are completed the Responsibility Matrix Is updated to reflect same. The team reviews a final draft for completeness. Once the final proposal is completed, the Marketing Manager completes a final compliance . check utilizing the Responsibility Matrix ensuring all components and forms are included, MIAMI BEACH COLLINS PARK PARKING GARAGE SPECIFIC Addendum No. 3 Released Thursday April 3, 2017 Kaufman Lynn Construction received Addendum No, 3 from William Garviso of the City of Miami Beach kicking off Phase II of the RFP process. Kick -Off Worksheet and Responsibility Matrix (Checklist) Created Upon receipt of Addendum 3, Kaufman Lynn's marketing department created a Kick -Off Worksheet and Responsivity Matrix (checklist) for all parties involved with the response to the RFP. Kick -off Meeting The Kaufman Lynn team attended the Pre - Submittal Meeting held by the City on Tuesday, April 25 and we as a team held our "kick -off" meeting a few hours after that on the same day and reviewed the Kick -Off Worksheet and assigned tasks and deadlines for the Responsibility Matrix. - Update Meetings As part of the process we held on -going status meetings to review progress and update the Responsibility Matrix. BOCA RAT0N 4850 T-Rex Ave,, Suite 300, Boca Raton, FL 33431 P: 561,361.6700 F: 561,361,6979 FORT LAUDERDALE MIAMI 500 E Broward Blvd„ #1710, Ft, Lauderdale, FL 33394 1200.Brickell Ave., #1950, Miami, FL 33131 P: 954..320,7022 ■ F: 954,320,7025 P: 786.350,1055 IN F: 786.523,7989 www.kaufmanlynn.nom coc021132 T .AUFMAN LYNN (X)N.STli:i: CTIO? Addendum 4 On Friday April 28, 2017, Addendum No. 4 was received and the matrix was subsequently updated to reflect the new requirements and forms on Monday, May 1st. On Tuesday, May 2nd, Sectionl of Exhibit A and Exhibit B (Sample Agreement) were printed. Exhibit B was left with legal for review and two copies of Section 1 of Exhibit A were given to the executive assistant (Lynn Almeida) for processing by the President /CEO (Michael Kaufman). Both copies were signed by President /CEO, Michael Kaufman, and notarized by Lynn Almeida. The copies were then returned to marketing specialist, Kathleen Bernard, Kathleen stored both files in the proposal response folder until June 28th when the proposal was bound for review and submission. - Additional Addendums For Addendums 5-8 each were received and the Responsibility Matrix updated as needed. Review Before submitting on Thursday, June 29th the book underwent a thorough review by our "Red Team" to check for compliance and responsiveness on Wednesday, June 28th. The Red Team is responsible for ensuring all of the RFP /RQ requirements are met prior to submission. Then on June 29th the Marketing Manager reviewed the proposal for compliance prior to sealing and then were placed in to a box and sealed for submission. At that point Kaufman Lynn's response was delivered to the City. AFFIDAVIT OF KATHLEEN BERNARD STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Kathleen Bernard hereby submits this affidavit in the above - captioned matter: after being duly sworn stating the following: 1. 1 am the Marketing Specialist for Kaufinan Lynn Construction, Inc,. 2. As part of my role as Marketing Specialist, I provide research, compile information, collect information, draft documents including responses to requests for proposals or requests for qualifications, as well as organize and compile such responses, among other responsibilities. I have been involved with over ten (10) proposals associated with construction projects for various .government agencies and municipalities. 3. I make this affidavit in connection with the City of Miami Beach's ( "City's ") Request for Proposal No. 2016- 204 -KB. 4. As part of my role as Marketing Specialist, I received the City's Addendum No. 4 which contained an Exhibit "A" ( "Addendum Exhibit "). The Addendum Exhibit was comprised. of Section 1, a certification form, and Section 2, the Guaranteed Maximum Price form. The Addendum Exhibit required Kaufman Lynn Construction, Inca's CEO and President, Michael Kaufman, to execute bath sections. 5. On May 2, 2017, as part of the typical procedures at Kaufman Lynn Construction, Inc., I forwarded two copies of the Addendum Exhibit for Mr. Kaufman's signature and left them with his assistant, Lynn Almeida. 6. It is Ms. Almeida's job to obtain and notarize Mr. Kaufman's signature for any documents requiring such execution. 7. Later that day, I specifically recall receiving two executed and notarized copies of the Addendum Exhibit from Ms, Almeida. As with other projects, I kept the two sets of documents at my desk until Kaufman Lynn Construction, Inc. finalized and packaged the documents in a sealed envelope. 8. Kaufman Lynn Construction, Inc.'s standard processes and procedures requires that Marketing Manager Alexandra Brown review all project documents, responses, and information for compliance before delivery to government agencies or municipalities. Ms, Brown performed the review in the response to the R.FP. 9. After Alexandra Brown's compliance review, 1 specifically recall that 1 packaged the signed and notarized Addendum Exhibit in an envelope, sealed the envelope, and placed the sealed envelope in a specified binder containing the original response to the City's Request for Proposal. 10. 1 directly handed the box containing the specified binder and thereby the sealed envelope (which contained ono full set of the Addendum Exhibit), among other binders, to a City representative on the morning of June 29, 2017, the day the proposals were due. 11. On July 11, 2017, 1 attended the 'City's deliberations and specifically recall that when the contents of the envelopes were reviewed from all proposers, each envelope appeared to already be open. In other words, I do not recall on July 11, 2017, that any of the envelopes were sealed at the time the contents were removed,. 12. During the July 11, 2017 deliberations, I recorded the City's selection committee's discussions until scoring began. 13. During the July 11, 2017 deliberations, the City paid close attention to the contents of each bidder's envelope and information contained in each Addendum Exhibit specifically asking and clarifying pricing and scope information. 14. At no relevant time did any individual indicate Kaufman Lynn Construction, Inc.'s proposal was incomplete, insufficient, lacked specificity regarding scope or pricing, or lacked responsiveness, The contents of the envelope did not appear to be missing based on my observations. 15. For example, 1 recall Procurement Department staff member, Kristy Bada handling the contents of the envelope containing the Addendum Exhibit and made specific observations. In one instance she texted someone using her cell phone and then left the room; and upon return, explained to David Gomez that her text involved a question regarding the information contained in Kaufman Lynn's envelope. Further, upon the conclusion of deliberations, one of the selection committee members specifically asked Ms. Bada what the particular question was. She responded that she needed clarification regarding how to treat the alternative pricing and scope information for the second option provided by Kaufman Lynn contained therein. At no relevant time during this entire exchange did she (nor others) indicate any deficiencies or grounds to disqualify Kaufman Lynn Construction, Inc, 2 16. Upon return to Kaufman Lynn Construction, Inc.'s office, I do not recall finding any extra or misplaced documents that should have been included in the sealed envelope. 17. Upon receipt of the City's letter of non- responsiveness, 1 thoroughly checked my desk and our marketing department offices and did not find any extra or misplaced documents that should have been included in the sealed envelope. 18. I affirm that I placed one set of the complete Addendum Exhibit in a sealed envelope and handed such envelope to a representative of the City on June 29, 2017. 1 hereby declare, certify or state,, under penalty of perjury, that the foregoing is true and correct. Executed on 2017. FURTHER AFFIANT SAYETH NAUGHT. STATE OF FLO IDA COUNTY OF in IKON Lb), identification. KATHLEEN BERN a R fpregoing instrument has acknowledged before me this ay of She is (personally known to me or ( ) has produced dte of Florida Lynn Alrnedda My. Commloalon GO 018508 15nplrwo 00 /04!2020 °tally Public, Print Name: to g -2017 by as e of Flo,i Commission No.: My Commission Expires: MIADOCS 1521 mf)94 1 45608,0001 - 3 - )O AFFIDAVIT OF LYNN ALMEIDA STATE OF FLORIDA COUNTY OF PALM BEACH Lyiin Almeida hereby submits this affidavit in the above - captioned matter after being duly sworn stating the following: 1. 1 am the Executive Assistant for Kaufman Lynn Construction, Inc. In addition to being an Executive Assistant, I am a Notary Public pursuant to Chapter 117 of the Florida Statutes. 2. As part of my role as Executive Assistant, I assist the company's CEO and President Mike Kaufinan, including preparing and finalizing documents for his review and signature as well as notarizing his signature when required. 3. I make this affidavit in connection with the City of Miami Beach's ("City's") Request for Proposal No, 2016 - 204 -KB. 4. As part of my role as Executive Assistant, on May 2, 2017, I received two copies of documents from Kathleen Bernard, Kaufman Lynn Construction, Inc.'s Marketing Specialist. These documents included two copies of the Cost Tender's Certification Page, which were provided to Mr. Kaufman for his review and signature. Upon Mr. Kaufman's signature and my notarization on Section I, I returned the forms to Kathleen Bernard. 5. I specifically recall Mr. Kaufman signing two copies of the Cost Tender's Certification on May 2, 2017, I also notarized his signature twice on the same date. 6. I specifically recall delivering two executed and notarized documents (Exhibit "A ") to Ms. Bernard. .1 hereby declare, certify or state, under penalty of perjury, that the foregoing is true and .LL correct. Executed on ' u,5i- et , 2017. FURTHER AFFIANT SAYETH NAUGHT. STATE OF FLORIDA ) COUNTY OF "'('/ hk ,7- C;1,C',�l- ° Z ) The foregoing instrument was acknowledged before me this 0I day of j- 2017 by tar 1n1 g \q,N, Q:L . She is (.vpersonally known to me or ( ) has produced as identification, (NOTARY SEAL) MELINDA MORRIS Notary Public - State at Florida. o- Commlaslon ; 6F 217096 « / My Comm. Fuplres Apr 5, 2019 Pto Bonded through National Notary Asan vB p 'z Notary Public, State of Florida Milt Name: rYle:1!r OA, '71(1.5(.( Commission No,: My Commission Expires: MIADOCS 15211097 145608.0001 2 AFFIDAVIT OF JEFFREY ZALKLN STATE OF FLORIDA COUNTY OF PALM BEACH Jeffery Zalkin hereby submits this affidavit in the above- captioned matter after being duly sworn stating the following: 1. I am the Vice President of Development for Kaufman Lynn Construction, Inc. 2. As part of my role as Vice President of Development, 1 oversee all construction pursuits and proposals involving the public sector such as for governments, cities, and municipalities. 1 have held similar positions with various companies for over 18 yearn. 3. 1 make this affidavit in connection with the City of Miami Beach's ( "City's ") Request for Proposal No. 2016-204-KB. 4. I worked with various departments including operations, development, and marketing to compile and review the information and documents responsive to the City's Request for Proposals. 5. Enclosed as Exhibit "C" to the correspondence provided by our outside counsel, is an accurate summary of Kaufman Lynn Construction, Inc.'s internal processes and procedures when responding to requests for proposals similar to the City's. Those procedures were complied with in responding to the RFP. 6. As the Vice President of Development for Kaufman Lynn. Construction, Inc., part of my responsibility is to ensure the company has sufficiently reviewed, responded to, and committed to proposals submitted in response to a request for proposal. 7. On June 28, 2017, as part of the review of the proposal for responsiveness, I found the RFP packet to be complete. This included the Cost Tender Certification Page (Section 1 and Section 2), which was properly executed and included in a separate envelope. Section 1 was also notarized as required. 8. 1 affirm that upon compilation of the documents on June 28, 2017, the sealed envelope that was provided to the City included all required documents including the Cost Tender's Certification Page that was executed and notarized. I hereby declare, certify or state, under penalty of perjury, that the foregoing is true and correct. Executed on FURTHER AFFIANT SAYETH NAUGHT. STATE OF FLT.' DA COUNTY OF • egging 2017 by as i.denti 'ication 056110N6118EVAItylogicto Lynn Alrnalda y. Commlealon G10 018808 oft 9 Eupiree OS/04/2020 rument was ac owledged before me this day of He is ( personally known to me or ( ) has produced d� A Nolar Public State of F da, - Print Name: t o � Commission No,: My Commission Expires: f 11°W MIADOCS 15210938 1 45608,0001 2 EXHIBIT C KAUFMAN LYNN CONSTRUCTION INTRODUCTION The marketing department of Kaufman Lynn Construction (Kaufman Lynn) follows a set process for creating, assembling, and responding to Request For Proposals (RFPs) and Request For Qualifications (RFQs).. This process is Kaufman Lynn's set procedures to ensure that proposals are compliant regarding the requirements of the RFP /RFQ. PROCESS The process of creating, assembling, and responding to a RFP /RFQ is one that is followed on all of Kaufman. Lynn's submittals and was utilized in the Design /Build for a New Parking Garage Facility for The Collins Park Parking Garage (RFP No 22016 - 2014 -KB). This process is as follows: RFP /RFQ received by Kaufman Lynn and distributed to all involved parties. - Related dates put into marketing calendar. Marketing personnel creates Kick -Off Worksheet, which includes all requirements of the RFP /RFQ. Kick -off meeting is held to review Kick -Off Worksheet. Marketing sends out Responsibility Matrix based on Kick-Off Worksheet covering the complete deliverable(s). - As items are completed the Responsibility Matrix is updated to reflect same. - The team reviews a final draft for completeness. Once the :final proposal is completed, the Marketing Manager completes a final compliance check utilizing the Responsibility Matrix ensuring all components and forms are included. MIAMI BEACH COLLINS PARK PARKING GARAGE SPECIFIC - Addendum No, 3 Released Thursday April 3, 2017 Kaufman Lynn Construction received Addendum No. 3 from William Garviso of the City of Miami Beach kicking off Phase 11 of the RFP process. Kick -Off Worksheet and Responsibility Matrix (Checklist) Created Upon receipt of Addendum 3, Kaufman Lynn's marketing department created a Kick -Off Worksheet and Responsivity Matrix (checklist) for all parties involved with the response to the RFP. Kick -off Meeting The Kaufman Lynn team attended the Pre - Submittal Meeting held by the City on Tuesday, April 25 and we as a team held our "kick -off" meeting a few hours after that on the same day and reviewed the Kick -Off Worksheet and assigned tasks and deadlines for the Responsibility Matrix. - Update Meetings As part of the process we held on -going status meetings to review progress and update the Responsibility Matrix. BOCA RATON 4850 T -Rex Ave., Suite 300, Boca Raton, FL 33431 P: 561.361.6700 IS F: 561.361.6979 FORT LAUDERDALE 500 E Broward Blvd., #1710, Ft. Lauderdale, FL 33394 P: 954,320.7022 F: 954.320.7025 MIAMI 1200 Brickell Ave„ #1950, Miami, FL 33131 P: 786,350.1055 ® F: 786,523.7989 www.kaufmanlynn,cam COCO21132 ' AU1;+".MY�/ N LYNN CONSTRUCTION Addendum 4 On Friday April 28, 2017, Addendum No. 4 was received and the matrix was subsequently updated to reflect the new requirements and forms on Monday, May 1st, On Tuesday, May 2nd, Section1 of Exhibit A and Exhibit B (Sample Agreement) were printed. Exhibit B was left with legal for review and two copies of Section 1 of Exhibit A were given to the executive assistant (Lynn Almeida) for processing by the President /CEO (Michael Kaufman). Both copies were signed by President /CEO, Michael Kaufman, and notarized by Lynn Almeida. The copies were then returned to marketing specialist, Kathleen Bernard. Kathleen stored both files in the proposal response folder until June 28th when the proposal was bound for review and submission. - Additional Addendums For Addendums 5 -8 each were received and the Responsibility Matrix updated as needed. Review Before submitting on Thursday, June 29th the book underwent a thorough review by our "Red Team" to check for compliance and responsiveness on Wednesday, June 28th. The Red Team is responsible for ensuring all of the RFP /RQ requirements are met prior to submission. Then on June 29th the Marketing Manager reviewed the proposal for compliance prior to sealing and then were placed in to a box and sealed for submission. At that point Kaufman Lynn's response was delivered to the City. AFFIDAVIT OF ALEXANDRA BROWN STATE OF FLORIDA COUNTY OF PALM BEACH ) Alexandra Brown hereby submits this affidavit in the above - captioned matter after being duly sworn stating the following: 1. I am the Marketing Manager for Kaufman Lynn Construction, Inc. I have been working with Kaufman Lynn Construction, Inc. in that position for seven (7) years. 2. As part of my role as Marketing Manager, I provide oversight and 'review of responses to requests for proposals, including verification that Kaufman Lynn Construction, Inc. complies with requests substantively and procedurally. I have been involved in the production and review of responses to Requests for Proposals associated with construction projects for various government agencies and municipalities for nearly 20 years. 3. I make this affidavit in connection with the City of Miami Beach's ( "City's ") Request for Proposal No 2016 - 204 -KB. 4. As part of my role as Marketing Manager, 1 reviewed the Request for Proposals . and all subsequent Addenda, noting all response requirements. 5. I collaborate with various departments and individuals within Kaufman Lynn Construction, Inc. including estimating, operations, and marketing. I recall specifically that Kaufman Lynn Construction, Inc.'s proposal, including pricing and cost information, was reviewed by the company's CEO and President, Michael Kaufman, among other members of the company's senior and executive teams. 6. Enclosed as Exhibit "C" attached to the correspondence provided by our outside counsel, is an accurate summary of Kaufinan Lynn Construction, Inc.'s internal processes and procedures when responding to requests for proposals similar to the City's. Those processes and procedures were followed in the response to the RFP. 7. I supervised Kathleen Bernard, Kaufman Lynn Construction's Marketing Specialist, who was coordinating the overall preparation of the proposal, tracking progress on completion of the various proposal sections, and compilation of the company's proposal in its final form. 8. On June 28,, 2017, as part of the typical procedures at Kaufman Lynn Construction, Inc,, 1 reviewed the proposal for responsiveness prior to assembly. 1 verified that the Cost Tender's Certification Page, provided with Addendum 4, was properly executed and sealed in a separate envelope. 9. On the morning of June 29, 2017 1 performed a final review and verified that Kaufman Lynn Construction's responses complied with all requirements including: (1) inclusion of the correct number of copies of proposals; (2) inclusion of a clearly marked original; (3) inclusion of an electronic version of the proposal on a CD; and (4) inclusion of a completed Cost Tender Form sealed in an envelope. 10. 1 affirm that based upon my review of Kaufman Lynn Construction, Ind.'s Proposal, a fully executed certification form was included and placed in an envelope that was sealed and delivered to the City. 1 hereby declare, certify or state, under penalty of perjury, that the foregoing is true and correct, Executed on , r' ( , 2017. FURTHER AFFIANT SAYE'TTINAUGHT. STATE OF FLQ• DA ) COUNTY OF b&\ ) .AA.LEXANORA BROWN' T e fo going instrument ias acknowledged before me thi, day of 2017 by She is. (personally known to me or ( ) has produced as identification. y a � u r. ro Sta of Florida a4 ir• „ My.Oommluslon GO 018500 iyay' ya" 8noiros 08/0412020 (� 1, /L 1VA, '- Notary Public, to e of Foi da �� VG(M.1 Print Name: Commission No.: My Commission Expires: i,.� MIADOCS 15211113 1 45608.000.1 - 2 EXHIBIT C KAUFMAN LYNN CONSTRUCTION INTRODUCTION The marketing department of Kaufman Lynn Construction (Kaufman Lynn) follows a set process for creating, assembling, and responding to Request For Proposals (RFPs) and Request For Qualifications (RFQs). This process is Kaufman Lynn's set procedures to ensure that proposals are compliant regarding the requirements of the RFP /RFQ. PROCESS The process of creating, assembling, and responding to a RFP /RFQ is one that is followed on all of Kaufman Lynn's submittals and was utilized in the Design /Build for a New Parking Garage Facility for The Collins Park Parking Garage (RFP No 2016- 2014 -KB). This process is as follows: RFP /RFQ received by Kaufman. Lynn and distributed to all involved parties. Related dates put into marketing calendar. Marketing personnel creates Kick-Off Worksheet which includes all requirements of the RFP /RFQ. Kickoff meeting Is held to review Kick -Off Worksheet. Marketing sends out Responsibility Matrix based on Kick -Off Worksheet covering the complete deliverable(s). As items are completed the Responsibility Matrix is updated to reflect same. The team reviews a final draft for completeness. Once the final proposal is completed, the Marketing Manager completes a final compliance check utilizing the Responsibility Matrix ensuring all components and forms are included. MIAMI BEACH COLLINS PARK PARKING GARAGE SPECIFIC - Addendum No. 3 Released Thursday April 3, 2017 Kaufman Lynn Construction received Addendum No. 3 from William Garviso of the City of Miami Beach kicking off Phase II of the RFP process. Kick-Off Worksheet and. Responsibility Matrix (Checklist) Created Upon receipt of Addendum 3, Kaufman Lynn's marketing department created a Kick -Off Worksheet and Responsivity Matrix (checklist) for all parties involved with the response to the RFP. Kick -off Meeting The Kaufman Lynn team attended the Pre - Submittal Meeting held by the City on Tuesday, April 25 and we as a team held our "kick -off" meeting a few hours after that on the same day and reviewed the Kick-Off Worksheet and assigned tasks and deadlines for the Responsibility Matrix, Update Meetings As part of the process we held on -going status meetings to review progress and update the Responsibility Matrix. BOCA RATON 4850 T -Rex Ave., Suite 300, Booa Raton, FL 33431 P:561,361.6700 a F: 561,361,6979 FORT LAUDERDALE MIAMI 500 E Broward Blvd,, #1710, Ft. Lauderdale, FL 33394 1200 Brickell Ave., #1950, Miami, FL33131 P: 954,320.7022 a F: 95.4.320.7025 P: 786,350.1055 a F: 786.523.7989 www•kanfinenlynn,aain OG,L0417322. KAUFMAN TXN.N coNsTaucTiON Addendum 4 On Friday April 28, 2017, Addendum No. 4 was received and the matrix was subsequently updated to reflect the new requirements and forms on Monday, May lst. On Tuesday, May 2nd, Sectionl of Exhibit -A and Exhibit B (Sample Agreement) were printed. Exhibit B was left with legal for review and two copies of Section 1 of Exhibit A were given to the executive assistant (Lynn Almeida) for processing by the President /CEO (Michael Kaufman). Both copies were signed by President /CEO, Michael Kaufman, and notarized by Lynn Almeida, The copies were then returned to marketing specialist, Kathleen Bernard. Kathleen stored both files in the proposal response folder until June 28th when the proposal was bound for review and submission. - Additional Addendums For Addendums 5 -8 each were received and the Responsibility Matrix updated as needed. Review Before submitting on Thursday, June 29th the book underwent a thorough review by our "Red Team" to check for compliance and responsiveness on Wednesday, June 28th. The Red Team is responsible for ensuring all of the RFP /RQ requirements are met prior to submission. Then on June 29th the Marketing Manager reviewed the proposal for compliance prior to sealing and then were placed in to a box and sealed for submission. At that point Kaufman Lynn's response was delivered to the City. AFFIDAVIT OF MICHAEL KAUFMAN STATE OF FLORIDA COUNTY OF PALM BEACH Michael Kaufman hereby submits this affidavit after being duly sworn stating the following: 1. I am the President and Chief Executive Officer of Kaufman Lynn Construction, Inc. and have held those positions for 28 years. 2, 1 make this affidavit in connection with the City of Miami Beach's ( "City's ") Request for Proposal No, 2016 - 204 -KB (Collins Park Garage). 3, It is and has always been the intent of Kaufman Lynn Construction, Inc, to comply with the terms of the Cost Tender's Certification Page (the "Certification "), I hereby state unequivocally that Kaufman Lynn Construction, Inc. will comply with the terms of the Certification. At the time we submitted our bid in response to the RFP, and all other relevant times, Kaufman Lynn Construction, Inc. intended to comply with the Certification.. 4. I was provided Kaufman Lynn Construction, Inca's proposal response (including two copies of Addendum 4, Exhibit A, Sections 1 and 2) for Phase II of the Miami Beach Collins Park Parking Garage by my assistant, Lynn Almeida on Tuesday, May 2, 2017 for my review and signature. 5. I signed both copies of the proposal on May 5, 2017, in the presence of Lynn Almeida for notarization. A true and correct copy of the executed Cost Tender's Certification page that was provided with the original submission is attached to the Affidavit as Exhibit "R" 6. Kaufman Lynn Construction, Inc.'s internal procedures in responding to RFD's are attached hereto as Exhibit "C." These procedures are followed with every RFP response and these same procedures have been in effect for at least the past four years of operation. 7. The procedures outline in Exhibit C were followed in Kaufman Lynn Construction, Inc.'s response to the RFP. 1 hereby declare, cert or state, under penalty of perjury, that the ,foregoing is true and correct. Executed on FURTHER AFFIANT SAYETH NAUGHT. STATE OF FL - RIDA COUNTY OF fore of in �rument was a - owled ed before me this day of e g � � 2017 by IONIA V`, .. Aii\,) He is (V) personally known to me or ( ) has produced V as identification. ,.4� Notary ubl a at lorida Lynn AIrttella •. My Commluulon GG 014508 r# Explraa0010412020 MIADOCS 15211836 1 45608,0001 N tary'Public, ate of Flo Print Name: ¢i Commission No.: My Commission Expires: dA /az() EXHIBIT B '.potion - 'Oortiffogtlort The underslo.ned, as Proposer, hereby deolares 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 thla.proposal or In the Contract to be entered Into; that this proposal is mode without connection with any other person, firm, or parties mat ng .a proposal; and that it Is, In ail respects, made fairly and In good faith without collusion orfraud, The Preposer'furiher declares that It has examined the site of the Work and Informed Itself fully of all conditions partalnInp to the place where.the Work Is to be donna; that it has examined the contract i oouments and all addenda thereto furnished before the opening of the proposals, es acknowledged bow and that it has satisfied Itself abouttae 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 subdivIaIon of the State of Florida,. pursuant fa the terms and oondlti'ona of the Contraot Dooumants and'•to furnish all necessary materials, equtpmon 't, maohtnely, tools:, apparatus, means of transportation, and all labor necessary to construct and .complete within the time Iimtts apeolfled the Work covered by the Contract Documents forts Protect entitled; RE'GlUEs'r FOR PROPOSALS (RPP) No, 2018.204.KB DESIGN/BUILD SERVICES FORA NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE P'QR THE COLLINS PARK PARKING GARAGE(PHAS.t 11) The Proposer also agrees to furnish the required Performance Rand end Payment Bond or alternative form of security,. If permitted by the GI ty; ea h for not leas than the total proposal price plus alternates, If any provided in the RPP Price Form In Section QD4O0 and ('o turnleh'the required Oertifloo'ate(s) of insurance,, In ,the event of arithmetical errors between the divialon totals and the .total (moo proposal In the RFP Price Form, the Proposer agrees Matte total base proposal shall govern, ire the avant of a discrepancy between the numerical total base proposeland the written total has prapesal., the written total hale proposal shall govern, In absence of totels‘submltted for any, division cost, the City shall Interpret as no proposal for the dtvlalon, which may dlsquallfy the Proposer,, Nome al propoae>'s Allthorla4floproaontativ�; Michael Kaufman plpnaturo o'f Propossr's AQ orlxad 1e0 ntatIUel State of FLOW personally rlus of Proposes Aulhartzad'lispreaeaia veI Pres ident and CEO Dan 5/2/2017 )stated that ,(s ens, the pears oarporatlon, and that the Instrument was siggned In behalf directors and sot nowledgod said Instal ent to belts volunt tdotanr Pul111a fItale of Ptorld1 ��n ynnAlmgfd� vrO li4 p u1adt9 o >e fla410 201 rr �. of 4 e; sold oorp on by out iorlty of tta board of at and deoo ore Notary Public for the State of Florid My Commission xplras .4.,...00. 4'f1 �F/1J 0ww.,,. 0W,'...4b}•WW4`.....1u......��W ....WI1m. M,.K +W+., .,.. WW......W...... .., • R aluarrFoRPROPOSAL5 No; uo1 ,2041 0 or aal4N/OLII:o saRV[OE5 FON A NNW PARKING GARAG> FACILITY AND RRLATFU INI=RMTRUOTURE FOR TFIE OOLI INS PAM( PARKIN() oARAor (PIHA5 11) EXHIBIT C KL KATJFMAN LYNN CONSTRUCTION INTRODUCTION The marketing department of Kaufman Lynn Construction (Kaufman Lynn) follows a set process for creating, assembling, and responding to Request For Proposals (RFPs) and Request For Qualifications (RFQs). This process is Kaufman Lynn's set procedures to ensure that proposals are compliant regarding the requirements of the RFP /RFQ. PROCESS The process of creating, assembling, and responding to a RFP /RFQ is one that is followed on all of Kaufman Lynn's submittals and was utilized in the Design /Build for a New Parking Garage Facility for The Collins Park Parking Garage (RFP No 2016- 2014 -KB). This process Is as follows: - RFP /RFQ received by Kaufman Lynn and distributed to all involved parties. Related dates put into marketing calendar. Marketing personnel creates Kick -Off Worksheet which includes all requirements of the RFP /RFQ, Kick -off meeting is held to review Kick -Off Worksheet. Marketing sends out Responsibility Matrix based on Kick -Off Worksheet covering the complete deliverable(s). As items are completed the Responsibility Matrix is updated to reflect same. The team reviews a final draft for completeness. Once the final proposal is completed, the Marketing Manager completes a final compliance check utilizing the Responsibility Matrix ensuring all components and forms are included. MIAMI BEACH COLLINS PARK PARKING GARAGE SPECIFIC Addendum No. 3 Released Thursday April 3, 2017 Kaufman. Lynn Construction received Addendum No. 3 from William Garviso of the City of Miami Beach kicking off Phase 11 of the RFP process. Kick -Off Worksheet and Responsibility Matrix (Checklist) Created Upon receipt of Addendum 3, Kaufman Lynn's marketing department created a Kick -Off Worksheet and Responsivity Matrix (checklist) for all parties involved with the response to the RFP. Kick -off Meeting The Kaufman Lynn team attended the Pre - Submittal Meeting held by the City on Tuesday, April 25 and we as a team held our "kick -off" meeting a few hours after that on the same day and reviewed the Kick -Off Worksheet and assigned tasks and deadlines for the Responsibility Matrix. - Update Meetings As part of the process we held on -going status meetings to review progress and update the Responsibility Matrix. BOCA RATON 4850 T.Rex Ave„ Suite 300, Boca Raton, FL 33431 P: 561.361.6.700 F: 561,361,6979 FORT LAUDERDALE MIAMI 500 E Broward Blvd,, #1710, Ft. Lauderdale, FL 33394 1200 Brlokell Ave., #1950, Miami, FL 33131 P: 954.320,7022 a F. 954.320.7025 P: 786,350,1055 M F: 786.523.7989 www.kauimanlynn,cum T AI EMAN LYNN dONSTRUCTION Addendum 4 On Friday April 28, 2017, Addendum No. 4 was received and the matrix was subsequently updated to reflect the new requirements and forms on Monday, May lst. On Tuesday, May 2nd, Sectionl of Exhibit A and Exhibit B (Sample Agreement) were printed. Exhibit B was left with legal for review and two copies of Section 1 of Exhibit A were given to the executive assistant (Lynn Almeida) for processing by the President /CEO (Michael Kaufman). Both copies were signed by President /CEO, Michael Kaufman, and notarized by Lynn Almeida. The copies were then returned to marketing specialist, Kathleen Bernard. Kathleen stored both files in the proposal response folder until June 28th when the proposal was bound for review and submission. Additional Addendums For Addendums 5 -8 each were received and the Responsibility Matrix updated as needed. Review Before submitting on Thursday, June 29th the book underwent a thorough review by our "Red Team" to check for compliance and responsiveness on Wednesday, June 28th. The Red Team is responsible for ensuring all of the RFP /RQ requirements are met prior to submission. Then on June 29th the Marketing Manager reviewed the proposal for compliance prior to sealing and then were placed in to a box and sealed for submission. At that point Kaufman Lynn's response was delivered to the City. ICAUFMAN LYNN CONSTRUCTION Via Hand Deliver Overni:ht Mail Jimmy Morales, City Manager City of Miami Beach 1700 Convention Center Drive 4th Floor Miami Beach, FL 33139 HANS H, HUANG CHIEF LEGAL OFFICER H HUANG@ KAUFMANLYNN,CQM 561,886,4311 (P) 561,361,6579 (F) July 18, 2017 and Email Jlmm Morales • mlamlbeach 1.. ov RE: RESPONSE TO CITY'S CORRESPONDENCE AND REQUEST FOR RECONSIDERATION /MEETING CITY OF MiAMI BEACH REQUEST FOR PROPOSAL NO. 2016-204-KB Mr, Morales, Kaufman Lynn Construction, Inc, is in receipt of the City of Miami each (the "City ") Procurement Departments' correspondence dated yesterday July 17, 2017 identified as a "Letter of Non - Responsiveness" and asserting that Kaufman Lynn Construction's proposal in connection with City RFP No. 2016- 204 -KB ( "RFP ") was not responsive and will therefore not be recommended to the City Commissioner, As Chief Legal Officer, I have been asked to respond to the legal and factual allegations set forth therein as well as request reconsideration. We also respectfully request a meeting with the City Manager before a recommendation Is presented to the City Commission that excludes Kaufman Lynn Construction's Proposal. Upon receipt, please contact our Vice President of Development Jeffrey Zalkin (954.812.7852) so that we may fully have an opportunity to meet and discuss the City's position. Lack of Responsiveness Letter The City's Procurement Department asserts that the Cost Tender Form's Certification Page was missing from Kaufman Lynn Construction's Sealed Cost Proposal and relies on the case Electric Co. v. Dade County, Based on our internal review and Investigation, Kaufman Lynn Construction provided a complete Cost Tender Form which was removed from a Sealed Cost Proposal envelope, read from, and relied upon as part of the technical proposal, presentation, and deliberations held on July 11, 2017 by the City as set forth in Section 0400 detailed in the RFP, page 18. As you are aware, the City Manager's representative David Martinez was present during such deliberations and at that time, there was no objection that the Cost Tender Form was incomplete or otherwise unresponsive. To establish chain of custody, enclosed please find a copy of our original file version maintained as part of Kaufman Lynn Construction's record keeping process which mirrors what was included in the Sealed Cost Proposal envelope and required by the City. Regardless, for the reasons set forth below, Kaufman Lynn Construction's Did was responsive and must be considered for the best interest of the city, Overview On July 11, 2017, Kaufman Lynn Construction participated in the Phase II Technical Presentation as part of the RFP process. As part of the presentation, the city reviewed the Cost Tender Form and Technical Proposal. At that time, the City, by and through four panelists, collectively ranked Kaufman Lynn Construction's Proposal was superior to the other participants and in the best interest of the City. In particular, three out of four panelists ranked Kaufman Lynn Construction's Proposal first and BOCA RATON FORT LAUDERDALE 4850 TRex Ave., Suite 300, Boca Ratan, FL 33431 500 E Broward Bivd., #1710, Ft, Lauderdale, FL 33394 P: 561.351.6700 r F: 561.361,5979 P: 954.320.7022 ■ F: 954.320.7025 MIAMI 1200 Brickell Ave., #1950, Miami, FL 33131 P, 786,350,1055 w F: 786.523.7989 vvww.i <au ln] anlynn con G00)21 -732 KAUFMAN LYNN MR, JIMMY L, MORALES JULY 18, 2017 PAGE zmo accumulatively, Kaufman Lynn Construction's Proposal exceeded the second ranked proposal by a significant 1Opoints. At no relevant time did the City upon the review and incorporation of the Tender Cost Form Identify any deficiencies, At no relevant time during the bidding process, phase |, or phase II evaluation process were any deficiencies identified that might gve Kaufman Lynn Construction an unfair advantage over the other bidders or otherwlse restrict or stlfle competiUon. In other words, at the tirne ef City's July 11, 2017 deliberation, nothing was deemed to unfairly impact the evaluation or review of Kaufman Lynn Construction's Proposal or other bidder's informaton Any deficiency in the Cost Tender Form would have been noted during the July 11, 2017 deliberation because the Cost Tender From was specifically highlighted and discussed due to the alternate facade notation, As part of the deliberations and presentation, Kaufman Lynn Construction discussed the facade and pricing while committing to the pricing as set forth in the Tender Cost Form, Again, as part of the deliberations, the City confirmed receipt and applied the Cost Tender Form without noting any def|cicncy. Cit '&8mna mr's Duties and Res °onntU|Kiew Pursuant to the RFP, the City Manager is authorized to recommend to the City Commission the respondent(s) he deems to be iri tho best interest of the City, To exclude Kaufrnan Lynn Construction's Proposal from the City Manager's review would not be in the best interest of the City. |nuep6theKFP highlights Miami Beach City Code (the "Code") Section 2-369 which lists relevant factors such as ability, capacity, and skill, Under Code Section 24371, it is the City Manager or city attorney that deterrnlries responsiveness of a proposal and not the Procurement Department. Accordingly, Kaufman Lynn Construction hereby request the opportunity to speak with the City Manager as part of its request that the Clty reconslder lts deterrnlnation of lack of responsiveness. Materiality It is important to note that even assuming, arguendo, Kaufman Lynn Construction's Cost Tender Form did not include Section 1, such omission, which Is again denied, lacks materiality as defined under applicable case aw or otherwise as to overcome the July 11, 2017 deUberatioris finding Kaufman Lynn Construction's proposal was in the best interest of the city. Under Florida Statute, 287.012(26) "Responsive bid/' "responsive proposal," or "responsive reply" means a bid, or proposal, or reply submitted by a responsive and responsible vendor which conforms in all material respects to the solicitation. In this matter, the City asserts that Kaufman Lynn Construction did not certify Its commitment to perfcrming as required by the RFP. Kaufman Lynn Construction meets this requirement because Section \ of the Cost Tender Form was contained in the Sealed Cost Proposal, In addition, Section || of the Cost Tender Form includes a cartificat|onvvhichupadf|ca||yatates,"|rert|fvthat|wmouthodzedtoaueoutoth|spropoya|ondconnnn|t thmpropo»|nQf|rm"arnungothar|angungeaffirmot/ve|yconom|ttin0tothepropoxalp/euoOto6expec|al|y in conjuriction with the attached Contractor's Clarifications, Contractor's Clarifications commlt to the prlclrig set forth in Section 11 of the Cost Tender Form as well as other requirements contained In the RFP KAUFMAN LYNN CONSTRUCTION MR. JIMMY L. MORALS Jm,1.8,uun PAGE xms and Addendums. The Phase U evaluation and deliberations further included oral commitments that K8ufman Lynn Construction to Guaranteed Maximum Price. Further, Kaufman Lyriri Construction will not and has not provided any indication that it will not comrnit to the representations already contained in Section II, the Cost Tender Form, its Proposal, or the Clarifications set forth therein. Irregularities may heWaived Kaufman Lynn Construction further notes that the City has the authority to waive any and all irregularities in any and all formal bids per Code Section 2-367 and applicable law. Even if Kaufman Lynn did not submit a one-page Proposal Certification, such absence would be immaterial (a minor irregularity) and is certalnlywaivable. Such page has nothing to do with the competitive nature of the soIicItatlor or place a proposer such as Kaufman Lynn in a competltive advantage. See Harry Pepper & Associates, Inc. v. City of Ca oe Coral, 352 $o.%d 1190, 1193 (Fla. 2d DCA 1977) ("The test for measuring whether a deviation In a bid is sufficiently material to destroy its competitive character is whether the variation offectothemrnVuntnfthoWJhygiv|n8thebidderonadvantageorbeDef|tnoten|pywdbyothorb|ddoro.''\. This claimed omission does NOT impact the price or affect the price In any way- It does NOT destroy the competitive nature nf the RFP'w bidding process, It does NOT give orie proposer a competitive advantage over another proposer. And, it does NOT and did not prevent the City from making a fair comparison of the proposak it recelved. See TropabestFoods, Inc. v, State, Dept. af General$erviccs, 493 So.2d 50 (Fla, DCA 1986) (finding that although successful bidder's bid violated bld specification the violation dld not affect the price of the bid and the "purpose of competitive bidding is to secure the lowest responsible offer and minor irregularities can be waived in effectuating that purpose.") As the Tropcthest Foods Court long maintained, However, although a bid containing o material variance bunacceptable, not every deviation from the invitation to bid Is material. it is only material if it gives the bidder a substantial advantage over the other bidders and thereby restricts or stifles competition. 493 So-2d at 52. This long-standing principle was further confirmed by the Third District in Intercontinental Properties, Inc, v. State Dept. of Health and Rehabilitative Services, 606 So.2d380/ 386 {Fla. 3d DCA 1992), stating that there is a very strong public interest in favor of savirig tax dollars in awarding public contracts, There is no public interest, much less a substantial public interest, in disqualifying superior bidders for technical deficiencies in form, the superior bidder did not derive any unfair competltive advantage by reason of the technlcal omlssiori. indeed, in Intercontinental Properties, the Third District stated that the bldder's failure to attach proof of the agent's authority was nonconforming and easily remedied: "'This is plainly the sort of deficiency which a public agency can, In its discretlon, allow a bidder to cure after the fact." Id at 386-87. | Hence, although a bldder cannot change Its bid after bld-open|ng/ a proposer can cure minor Irregularities after b|d'oponing. See Harry Pepper &Aonnc|o 352So.2det1192/F|a.2d DCA 1B77\ (explaining bid could not be amended post opening because the bid included the wrong brand of pumps to be installed per the specificatlons and there was a big dlfference between the pumps that impacted the solicitation), I .ATTFJ.IAN LYNN CONSTRTJCTION The Robinson Case Su orts Kaufman L nn Constructions Re • uest for Reconsideration MR, JIMMY L. MORALES JULY 18, 2017 PAGE 4 OF 5 The Procurement Department's reliance of the Robinson Case is misplaced. The Robinson Court, when applying the two prongs of determining materiality, stated that a direct and intentional variance of the instructions did not amount to materiality. In Robinson, although required and set forth in direct contradiction of a government agency's written instructions, a superior bidder failed to provide a bid bond and Instead provided a cashier's check. The Court held that the superior bidder should have prevailed because the variance should not be deemed material. The lack of a bid bond did not deprive the municipality of its assurance that the contract will be entered into, performed, and guaranteed according to its specified requirements. The Robinson, Court highlighted the fact that the request for bid contemplates the need for the superior bidder will be required to enter into an agreement as described in the "Advertisement to Bid /' Even more importantly, the Court determined that a variance should only be considered material "if it give the bidder a substantial advantage over the other bidders, and thereby restricts or stifles competition." Id. at1034. The City has not and cannot state how a missing signature page gives Kaufman Lynn Construction an substantial advantage over the other bidders, especially in light of the fact deliberations took place before any deficiency was asserted. Like In Robinson, every bidder responding to the RFP were on equal footing during the Phase 1 and Phase 11 evaluations and deliberations. Further, in addition to the RFP requiring the successful bidder to enter into, perform, and guaranty according to the specific requirements of the RFP, Kaufman Lynn Construction made commitments to perform the same by responding the RFP with its Proposal, including a certification an Section II, verifying its commitment as part of the oral presentation and deliberations, and set forth the commitment in detail in its Clarification. Kaufman Lynn Construction's commitments besides those found on the missing Section I go beyond those commitments required by applicable taw. Kaufman Lynn Construction's purported lack of responsiveness does not rise to the level of failing to provide a bid bond which our Courts have deemed immaterial. Summary of otherJteievant Cases Although Kaufman Lynn did submit the Section I of the Cost Tender Farm, the City's Letter of Non- Responsiveness letter is really much ado about nothing since this deals with a minor, waivabie irregularity. in further support of this, in Technical Sates of Jacksonville, Inc. v City of Jacksonville, 258 So.2d 839 (Fla. 1st DCA 1972), the First District held that the City could waive the fact that the successful bidder failed to submit a bid on the proper form contrary to the instructions to bidders that also required the bidders to note any exception to the specifications, which the successful bidder failed to do. See also, e.g., Trimble Nevi:ation Limited Core, v. De•artment of Transportation, Case No, 12-3862B1D, 2013 WL 2395587 (DDAH May 28, 2013) (Department's decision to waive RFP's requirements for three references on letterhead did not give proposer a competitive advantage); Sunshine Towing OBroward, Inc, v. Department of Transportation, Case No. 10- 0134BID, 2010 WL 1417770 (DOAH April 6, 2010) (Department could waive proposer's failure to include required occupational licenses as this was a minor Irregularity); Palm Beach County Youth Coalition v. Palm Beach County Workforce Development Board, Case No, 00- 152781D, 2000 WL 1612168 (DOAH October 20, 2000) (omissions in proposer's proposal MR, JIMMY L. MORALES JULY 18, 2,,017 PAGE 5 or 5 I(.AUFM:AN LYNN C4 TRUCTION including not providing a certification was a minor irregularity that should have been waived in light of the circumstances); Professional Centre IV, inc, v. Department of Health and Rehabilitative Services, Case No. 90- 4063B1D, 1990 WL 749245 (DOAH August 6, 1990) (failure to include certification letter set forth in bid submittal form could have been waived in light of the circumstances).1 "N C". To the extent required, please also accept this correspondence as a response to the footnote on page 2. As clarified in Addendum 8, existing and unforeseen conditions includes management of soil encountered. The GMP form includes duplicative line items based on Addendum 8: (1) existing conditions and (2) site remediation. In other words, line items for existing conditions includes managing all soil encountered as affirmatively addressed in Contractor's Clarifications (sections 2.p. and 3,g.). Accordingly, Site Remedlation costs different and distinct from those required under Addendum 8 are not Included and hence "NIC" which stands for Not Included. Likewise to the extent Site Remedlation involves Existing Conditions, such costs are part of the Existing Conditions and the total GMP as clarified by Contractor's Clarification. Using the same analysis in connection with the Section 1 page of the Cost Tender Form above, the use of the term "NIC" or Not Included In light of Addendum 8, the Tender Cost Form, and Contractor's Clarifications should not be considered unresponsiveness. Conclusion Kaufman Lynn Construction trusts that the City will consider Kaufman Lynn Construction's factual and legal arguments and look forward to speaking with you in greater detail, Please note, we are providing this correspondence In response to the City's Letter of Non- Responsiveness and not as part of a Protest Process because, among other reasons, the initiating a Bid Protest would be pre- mature at this time and Kaufman Lynn Construction is hopeful we can avoid protracted dispute resolution procedures, However, Kaufman Lynn Construction is not waiving and hereby reserves its right to pursue all remedies available including protesting any award or recommendation that does not include Kaufman Lynn Construction's proposal, As stated above, we are hopeful a meeting between yourself and Jeffrey 2alkin can take place as soon as possible and before a recommendation is provided to the City's Commission. in the meantime, should you or your city attorney require any additional information please do not hesitate to contact me. Thank you for your time and attention. Very truly yours, l Hans H. Huang cc: via email; Krista Bade, Kristabada @miam1beachfl.gov Rafael Granado, RafaelGranado @miamibeachfl,gov a This is just an example of decisions treating analogous omissions as nothing more than a waivable, minor irregularity. Section —.Certification The undersigned, as Proposer, hereby deolares that the only persons Ihterested fr this proposal as prInelpal are named herein and that no parson other than herein mentioned has any interest in this proposel or In the Contract to ha entered into; that this proposal Is made without oonneotion with any other person, firm, or parties, making a propose; and that it le, In el respeots, made fairly and In good faith without collusion or fraud, Th. Proposer further deolares that It has examined the site ofthe Work and Informed itself fully of all cenditIons 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 wlilingly„ The Proposer agrees, if this proposai Is accepted, to contract with the City, a vilified subdivision of the State of Florida, pursuant to the terms ancf conditions of the Contract 'Documents and to furnish all necessary materials, equipment, maohinery, bele; apparatus, means of transportation, and all labor necessary to construct and complete 'within the time limits specified the Work covered by the Contraot Documents for the Project meet REQUEST FOR PROPOSALS (op) No 2018-204-KB DESIGN/BUILD SERVICES FORA NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PHASE 11) 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 Toffees than the total proposal price plus alternates, if any, provided in the RFP Price Form in Section 00408 and to furnish.the reqtilred Certificate(s) of insuranoe, Into 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 gevern, In the event of a discrepancy between the numerical total base proposal and the written total base proposolethe written total base proposal shell gown, In absence of totals.suhmItted for any division cost, the City shall interpret as no proposal for the division, which may disqualify the Proposer. ,.... Noma (if Proposo's Adorigal.RepiesenkitIvel Michael Kaufman . , , TEO of Proposes'Aultiorlzed floprosentOve; President and CEO Signature of Proposes MAtoriuklROpr 03001 Data: 512/2017 State of FLO personally ) pare 111,6..9 vie 11 e. stated that .(s ))la the T44114 i A o corporation, and that the Instrument was signed- 0 behalf 14 a: said cerp on by aut arlfy af Its board of direotors and acknowledged said Instrun ant to be, its voluntt sot and dos. :, 019, a .. Ak i . ..L .i.r., Nary pbft8tat� of FlotlIP 14t9) Almeida My CommloliOn 3 010540 Explfuo 0411044420 Notary Public for the State of Florid My Commission Expires: 'tie 1 414 4 A ooNpu EDRUEfiT FOR PROPOSALS No; 2010,204AD ON/)1L0 SERVIOES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRA$TRUOT LIRE FOR THD OOLLINS PARK PARKING' aARAraa (PHASE ft)