C2A-Issue RFQ CMR To Provide Services For The Collins Park Parking Garage ProjecCOMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR
QUALIFICATIONS (RFQ) FOR A CONSTRUCTION MANAGER AT RISK FIRM (CMR) TO
PROVIDE PRE-CONSTRUCTION SERVICES AND CONSTRUCTION PHASE SERVICES VIA
A GUARANTEED MAXIMUM PRICE (GMP} AMENDMENT FOR THE COLLINS PARK PLACE
PROJECT.
Key Intended Outcome Supported:
Ensure Safety And Appearance Of Building Structures And Sites; Improve Parking Availability; Ensure
Value And Timely Delivery Of Capital Projects; Diversity Business Base In Miami Beach; Maximize Miami
Beach As A Destination Brand;
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
Item Summa /Recommendation:
On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a Professional
Services Agreement between the City and a joint venture of Zaha Hadid Limited t!a Zaha Hadid Architects
and Berenblum Busch Architecture, Inc. (the Consultant) for the Planning, Architectural, Engineering,
Design, Bid and Award, And Construction Administration Services for the Collins Park Parking Garage
Project.
On January 16, 2013 the City Commission adopted the Basis of Design Report (BOOR), and on July 17,
2013, Resolution No. 2013-28289 was adopted authorizing the Administration to proceed to the detailed
design phase of the Project.
Collins Park Place, designed by Zaha Hadid Architects in consultation with Florida Executive Architect,
Berenblum Busch Architecture, will be constructed on the two properties currently occupied by surface
parking lots located on the south side of 23rd Street, behind the Miami Beach Regional Library and the
Miami City Ballet building. The ground level of the proposed structure, between Park and Liberty Avenues,
will provide approximately 17,500 sq. ft. of retail space, while the upper five (5) levels of the parking
garage, which will bridge over Liberty Avenue, will accommodate approximately 470 parking spaces. The
Project also contemplates a large public plaza at the ground level, just east of Liberty Avenue, which will
merge into the Liberty Avenue right of way between 22nd and 23rd streets, turning it into a pedestrian
street. The design takes a holistic approach to the site and considers the public plaza as one continuous
landscape that unites the project site with the adjacent sites -Miami City Ballet and Miami Beach
Regional Library. The Construction Manager at Risk (CMR) minimum eligibility and scope of services
requirement are detailed in the attached RFQ.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFQ for a
Construction Manager at Risk firm (CMR) to provide pre-construction services and construction phase
services via a Guaranteed Maximum Price (GMP) amendment for the Collins Park Parking Garage
Project.
RECOMMENDATION
APPROVE THE ISSUANCE OF THE RFQ
Advisory Board Recommendation:
Financial Information:
Source of Amount
Funds: 1 N/A
OBPI Total
Financial Impact Summary: .
MIAN\1 BEACH
Account
N/A
31
Approved
Agenda Item C). A
Date 10--{b-1-3
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochA.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013
SUBJECT: REQUEST FOR APPROVAL TO A HORIZE THE ISSUANCE OF A REQUEST
FOR QUALIFICATIONS (RFQ) FOR A CONSTRUCTION MANAGER AT RISK FIRM
(CMR) TO PROVIDE PRE-CONSTRUCTION SERVICES AND CONSTRUCTION
PHASE SERVICES VIA A GUARANTEED MAXIMUM PRICE (GMP) AMENDMENT
FOR THE COLLINS PARK PARKING PLACE PROJECT.
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFQ.
BACKGROUND
On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a
Professional Services Agreement between the City and a joint venture of Zaha Hadid Limited t/a
Zaha Hadid Architects and Berenblum Busch Architecture, Inc. (the Consultant) for the
Planning, Architectural, Engineering, Design, Bid and Award, And Construction Administration
Services for the Collins Park Parking Garage Project.
On January 16, 2013 the City Commission adopted the Basis of Design Report {BOOR), and on
July 17, 2013, Resolution No. 2013-28289 was adopted authorizing the Administration to
proceed to the detailed design phase of the Project.
SCOPE OF SERVICES
Collins Park Place, designed by Zaha Hadid Architects in consultation with Florida Executive
Architect, Berenblum Busch Architecture, will be constructed on the two properties currently
occupied by surface parking lots located on the south side of 23rd Street, behind the Miami
Beach Regional Library and the Miami City Ballet building. The ground level of the proposed
structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft. of retail
space, while the upper five (5) levels of the parking garage, which will bridge over Liberty
Avenue, will accommodate approximately 470 parking spaces. The Project also contemplates a
large public plaza at the ground level, just east of Liberty Avenue, which will merge into the
Liberty Avenue right of way between 22nd and 23rd streets, turning it into a pedestrian street.
The design takes a holistic approach to the site and considers the public plaza as one
continuous landscape that unites the project site with the adjacent sites -Miami City Ballet and
Miami Beach Regional Library. The Construction Manager at Risk (CMR) minimum eligibility
and scope of services requirement are detailed in the attached RFQ.
32
City Commission Memorandum -RFQ Issuance for CM at Risk Services for Collins Park Garage
October 16, 2013
Page 2 of2
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the
RFQ for a Construction Manager at Risk firm (CMR) to provide pre-construction services and
construction phase services via a Guaranteed Maximum Price (GMP) amendment for the
Collins Park Parking Garage Project.
ATTACHMENTS
• Attachment A -454-2013-TC -For a Construction Manager at Risk Firm (CMR) to
Provide Pre-Construction Services and Construction Phase Services Via a Guaranteed
M~um Price (GMP) Amendment for the Collins Park Parking Garage Project.
JLM/MT/ /OM/AD
T:\AGENDA\2013\0ctober 16\Procurement\RFQ Issuance for Collins Park Garage CMR-MEMO.doc
33
REQUEST FOR QUALIFICATIONS
CONSTRUCTION MANAGER AT RISK SERVICES FOR
THE CONSTRUCTION OF THE COLLINS PARK PLACE
RFQ 2013-454-TC
BID ISSUANCE DATE:
RFQ DUE DATE:
Thea Carrasco, Ph.D., CPPO, CPPB, Senior Procurement Specialist
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beach, FL 33139
www.miamibeachfl.gov
~ MIAMIBEACH
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RFQ 2013-454-TC
CONSTRUCTION MANAGER AT RISK SERVICES FOR THE CONSTRUCTION OF
THE COLLINS PARK PLACE
Section I
Section II
Section Ill
Section IV
Section V
Section VI
Section VII
Section VIII
TABLE OF CONTENTS
Overview & Proposal Procedures ........................... .
Minimum Qualifications Requirements .................... .
Scope of Services .................................................. .
Proposal Format ................................................... .
Evaluation/Selection Process .................................. .
Special Terms & Conditions: Insurance ........................ .
General Conditions .............................................. .
Appendices:
A -Proposal Certification, Questionnaire &
Requirements Affidavit
B-Sample CMR Contract and Related Terms and
Conditions
35
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WWW'.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305-673-7490, Fax: 786-394-4006
PUBLIC NOTICE
Sealed proposals, as detailed herein, will be received until 3:00PM on, NOVEMBER 16, 2013, at the following address:
City of Miami Beach City Hall
Procurement Division -Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
ANY PROPOSAL RECEIVED AFTER 3:00PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER
UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE
STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE.
The City utilizes PublicPurchase for automatic notification of bid opportunities and document fulfillment, including the issuance of
any addendum to this RFP. This system allows vendors to register online and receive notification of new bids, addendums and
awards. Registration is available through www.publicpurchase.com.
Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure receipt of any addendum issued to this RFP. Prospective proposers are solely responsible for
assuring they have received any addendum issued to this RFP. Fallure to receive an addendum may result in disqualification of
proposal submitted.
Proposers are hereby advised that this RFP is subject to the following ordinances/resolutions, which may be found on the City of
Miami Beach website: www.miamibeachfl.govfprocurement
• CONE OF SILENCE--ORDINANCE NO. 2002-3378
• PROTEST PROCEDURES--ORDINANCE NO. 2002-3344.
• DEBARMENT PROCEEDINGS--ORDINANCE NO. 2000-3234
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES--ORDINANCE NO. 2002-3363.
• CAMPAIGN CONTRIBUTIONS BY VENDORS-ORDINANCE NO. 2003-3389.
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS -
ORDINANCE NO. 2005-3494
• LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS-ORDINANCE NO. 2011-3747.
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-
CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES-ORDINANCE NO. 2011-3748.
• CODE OF BUSINESS ETHICS--RESOLUTION NO. 2000-23879.
All questions or requests for clarifications must be received by the procurement contact named above no later than ten (1 0) calendar
days prior to the scheduled RFP due date. The City Clerk, rafaelgranado@miamibeachfl.gov, must copied on any question or
comment submitted in response to this RFP. All responses to questions/clarifications will be sent to Proposers in the form of a written
addendum.
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST
OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL
PROPOSALS.
Sincerely,
Alex Denis, CPPO
Procurement Director
36
------------
City of Miami Beach
1700 Convention Center Drive, Miami Beach, Florida 331 39, www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305.673.7490 Fox: 786.394.4006
RFP No.: RFP 2013-454-TC
RFP TITLE: Construction Manager At Risk Services For The Construction Of The Collins Pork Place
NOTICE OF NO RESPONSE
If not submitting a Proposal at this time, please detach this sheet from the RFP documents,
complete the information requested, and return to the address listed above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
_ Not responding due to workload issues
_Not responding due to minimum qualifications requirements
_ Not responding due to scope of services
_ Not responding due to project's size and/or complexity
_OTHER. {Please specify)------------------
Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company
being removed from the CiJy's bid list.
We do ___ do not ___ want to be retained on your mailing list for future proposals for the type or
product and/or service.
Signature:--------------
Title:---------------
Company: _____________ __
Feedback
The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your
feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including information on
requirements, timelines, and solicitation forms.
37
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SECTION I -OVERVIEW AND PROPOSAL PROCEDURES
A. INTRODUCTION f BACKGROUND
This project, Collins Park Place, designed by Zaha Hadid Architects in consultation with Florida Executive Architect,
Berenblum Busch Architecture, will be constructed on the two properties currently occupied by surface parking lots
located on the south side of 23rd Street, behind the Miami Beach Regional Library and the Miami City Ballet building.
The ground level of the proposed structure, between Park and Liberty Avenues, will provide approximately 17,500 sq. ft.
of retail space, while the upper five (5) levels of the parking garage, which will bridge over Liberty Avenue, will
accommodate approximately 470 parking spaces. The Project also contemplates a large public plaza at the ground
level, just east of Liberty Avenue, which will merge into the Liberty Avenue right of way between 22nd and 23rd streets,
turning it into a pedestrian street. The design takes a holistic approach to the site and considers the public plaza as one
continuous landscape that unites the project site with the adjacent sites -Miami City Ballet and Miami Beach Regional
Library.
Approximate Project Budget: $20,800,000
In accordance with Section 255.103, Florida Statutes, the City's goal to negotiate a mutually acceptable agreement with
a construction management firm, pursuant to the process provided by Section 287.055, Florida Statutes, which is to be
responsible for construction project scheduling and coordination in both preconstruction and construction phases and for
the successful, timely, and economical completion of the project.
B. RFP TIMETABLE
The tentative schedule for this RFP is as follows:
RFP Issued October 21, 2013
Pre-Proposal Meeting November 4, 2013
Deadline for Receipt of Questions November 16, 2013
Proposals Due November 26, 2013
Evaluation Committee Review December 10, 2013
Tentative Commission Approval Authorizing Negotiations January, 2014
Contract Negotiations TBD
C. PROPOSAL SUBMISSION DUE DATE
An original and ten (10) copies of complete Proposals, plus one electronic copy (CD or flash drive), must be received no later than
3:00 p.m. on the dated stated in Section 1(B), at the following address:
City of Miami Beach City Hall
Procurement Division --Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly
noted with the Proposer's name, address, and RFP number and title. No facsimile, electronic, or e-mail Proposals will be
considered.
THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME
AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE.
ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED.
PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE
CONSIDERED.
1 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
38
D. PRE-PROPOSAL SUBMISSION MEETING
A Pre-Proposal Submission Meeting will be held on the date noted in Section 1 (B) at 10:00 a.m. at the following address: City of
Miami Beach City Hall -4th Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida
33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory.
Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 1142644
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this
RFP expressing their intent to participate via telephone.
E. CONTACT INFORMATION
I Contact: I Telephone: I Email:
Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or
e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy
to the City Clerk's Office at RafaeiGranado@miamibeachfl.gov, no later than the date specified in the RFP timetable.
F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP
The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written
addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or
explanations (whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers
should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received.
G. METHOD OF AWARD
Pursuant to FS 287.055, the City shall first consider the qualifications of firms through the process outlined in
Section V, Evaluation of Proposals. The ranking results of Step 1 & 2 outlined in Section V, Evaluation of Proposals,
will be considered the City Manager who may recommend to the City Commission the propcser(s) s/he deems to be in the
best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be
consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369,
including the following considerations:
(1} The ability, capacity and skill of the proposer to perform the contract.
(2} Whether the proposer can perform the contract within the time specified, without delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the proposer.
(4} The quality of performance of previous contracts.
(5} The previous and existing compliance by the proposer with laws and ordinances relating to the contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The
City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or
Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Following the final
approval of ranking of qualified firms by the City Commission, the City shall attempt to negotiate mutually
agreement with the top-ranked firm; and, if unsuccessful, will attempt to negotiate mutual agreement with
second-ranked and third-ranked firms (as available), in order of rank.
H. CONE OF SILENCE
Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral
communications between the proposer, or their representatives and1) the Mayor and City Commissioners and their respective staff;
or 2) members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3} Evaluation
Committee members, is prohibited.
21 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLA.CE
39
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I. MODIFICATION/WITHDRAWALS OF PROPOSALS
A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due
date and time. Modifications received after the Proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of
120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due
date and before said expiration date, and letters of withdrawal received after contract award will not be considered.
J. RFP POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP;
postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of
this RFP.
K. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the
sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City.
L. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative
is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its
sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and
alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which
Proposer took exception to (as said term and/or condition was originally set forth on the RFP}.
M. FLORIDA PUBLIC RECORDS LAW
Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted
therewith, are exempt from public records requirements under Section 119.07(1 }, Florida Statutes, and s. 24(a}, Art. 1 of the Slate
Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals,
whichever is earlier.
N. NEGOTIATIONS
The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in
no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is
also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall
be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties.
0. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings
established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344}, as codified in Sections 2-370 and 2-371 of the
City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred.
P. OBSERVANCE OF LAWS
Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, nules and
regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the
scope of services and/or project contemplated by this RFP {including, without limitation, the Americans with Disabilities Act. Title VII
of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of
the Proposer will in no way relieve it from responsibility for compliance.
Q. DEFAULT
Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or
untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety
required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City
and may be grounds for removing the Proposer from the City's vendor list.
31 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
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R. CONFLICT OF INTEREST
All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse,
parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any
City employee who owns, either directly or indirectly, an interest of ten {1 0%) percent or more in the Proposer entity or any of its
affiliates.
S. PROPOSER'S RESPONSIBILITY
Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and
examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract.
Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not
relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will
not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer.
T. RELATIONSHIP TO THE CITY
It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an
independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any
circumstances, be considered employees or agents of the City.
U. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
V. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely
responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed
therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance.
W. CONE OF SILENCE
This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as
codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the
City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering
their Proposal voidable, in the event of such non-compliance.
X. DEBARMENT ORDINANCE
This RFP is subject to, and all Proposers are expected to be or become familiar witl1, the City's Debarment Ordinance (as adopted
pursuant to Ordinance No. 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code).
Y. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS
This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as
codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable
provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
Z. CODE OF BUSINESS ETHICS
Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of
Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt
of request.
The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,
among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
41 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
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AA. AMERICAN WITH DISABILITIES ACT (ADA)
Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or
information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works
Department, at305-673-7000, Extension 2984.
BB. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the
purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City
shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties.
SECTION II-MINIMUM QUALIFICATIONS REQUIREMENTS
1. Firm must be a licensed General Contractor in the State of Florida.
2. Firm must document approximately ten (1 0) years of experience in CM at Risk Projects.
3. Firm must have successfully completed at least seven (7) projects of similar scope, size and complexity.
4. Firm must have successfully completed at least three (3) projects in an urban setting, high traffic area.
5. Firm must have successfully achieved LEED certification in at least three (3) projects.
6. Superintendents must have a minimum of fifteen (15) years of experience approximately in the management of CM at
Risks projects. Furthermore, this individual should have served as Superintendent on a minimum of three (3) previous
projects of similar size and complexity, one of which is required to have achieved a USGBC LEED certification.
7. Project Manager must be a LEED accredited professional, with a minimum of ten (10) years of experience approximately in
the management of CM at Risks projects. Furthermore, this individual should have served as Project Manager on a
minimum of three (3) projects of similar size and complexity, one of which is required to have achieved a USGBC LEED
certification.
SECTION Ill-SCOPE OF SERVICES
The Construction Manager at Risk (CMR) Scope of Services shall include, without limitation, all of the Preconstruction Services set
forth below and, upon approval by the City of the Guaranteed Maximum Price (GMP), and as contemplated in any GMP Amendment
or Amendments, and such other amendment(s) as necessary to fix and describe the parties' respective rights and responsibilities
with respect to the Work and the Project, all of the Construction Services required to complete the Work in strict accordance with the
Contract Documents, and to deliver the Project to the City at or below the GMP, when established, and within the Contract time.
The CMR shall review Project requirements, existing on-site and off-site development, surveys and preliminary budget, and make
recommendations to the City for revisions. The CMR shall prepare a preliminary Project Schedule in accordance with the Contract
Documents and in coordination with the City and the ArchitecUEngineer, identifying all phases, critical path activities, and critical
duties of each of the Project team members. The CMR shall, at each remaining design phase (i.e. 60%, 90% and 100% construction
documents), review the plans and advise the City and the ArchitecUEngineer regarding the constructability of the design and of any
errors, omissions, or conflicts it discovers. The CMR shall prepare an outline of proposed bid packages and detailed cost estimates,
and advise the City regarding trends in the construction and labor markets that may affect the price or schedule of the Project. The
CMR shall attend all Project related meetings. The CMR's Preconstruction Services shall be provided, and the City shall compensate
the CMR for such services, based upon a fixed fee. At the conclusion of the Preconstruction Services, the CMR shall, without
assuming the duties of the ArchitecUEngineer, warrant to the City, that the plans, specifications and other Contract Documents are
consistent, practical, feasible and constructible, and that the Project is constructible within the contract time.
The successful firm will be tasked with the following duties and responsibilities:
Task 1-Coordination with the Design Professional: In providing the CMR's services described in this Agreement, the CMR shall
maintain a working relationship with the Architect/Engineer. However, nothing in this Agreement shall be construed to mean that the
CMR assumes any of the responsibilities or duties of the AlE. The CMR shall be solely responsible for construction means,
methods, techniques, sequence and procedures used in the construction of the Project and for the safety of its personnel, property,
and its operations for performing in accordance with the CMR's Agreement with the City. The AlE is responsible for the
requirements of the Project as indicated in the Agreement between the City and the AlE The CMR's services shall be rendered
compatibly and in cooperation with the AlE's services under the City. It is not intended that the services of the AlE and the CMR be
competitive or duplicative, but rather be complementary.
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Task 2 -Design Phase: Review of Design Documents, Scheduling, Estimating & Cost Control: The CMR shall meet with the
Architect'Engineer and City representatives to review the most current ArchitecUEngineer's Agreement. The CMR shall ensure that
the parties jointly review, modify as necessary, and agree to a single design schedule, to be called the revised most current
ArchitecUEngineer's contract.
The CMR, as a result of the above-noted review of the design documents and recommendations provided to the City, shall be fully
responsible for the coordination of the drawings with the written specifications. This includes but is not limited to, the CMR's review
of the construction documents in coordination of the drawings and specifications themselves, with the existing buildings and sites to
ensure proper coordination and constructability and lack of connie!, and to minimize unforeseen conditions. The CMR shall, during
this phase, be responsible for the proper identification and location of all utilities, services, and other underground facilities which
may impact the Project. The CMR agrees specifically that no Contract Amendments shall be requested by the CMR or considered
by the City for reasons involving conflicts in the documents; questions of clarity with regard to the documents; and incompatibility, or
confiicts between the documents and the existing conditions, utilities, code issues and unforeseen underground conditions.
Task 3 -Bid and Award Phase: The CMR shall prepare a Subcontractor's Prequalification Plan in compliance with the
requirements currently determined by the City. The CMR shall submit to the City the CMR's list of pre-approved sub-contractors for
each element of the Work to be sub-contracted by the CMR. This list shall be developed by the execution by the CMR of the sub-
contractor's Pre-qualification Plan noted above. The City reserves the right to reject any sub-contractor proposed for any bid to be
considered by the CMR. Any claims, objections or disputes arising out of the Pre-qualification Plan or list, are the responsibility of
the CMR. The CMR shall hold harmless, indemnify, and defend the City, its employees, agents, and representatives in any matter
arising out of the pre-qualification plan and/or the sub-contractor's list, except where the sole cause of the matter is a City directed
decision.
Task 4 -Guaranteed Maximum Price (GMP): After taking, reviewing and identifying the proposals from the responsive and
responsible sub-contractors, the CMR shall propose to the City, a GMP, which shall be the sum of the proposed sub-contracts and
the CMR's General Conditions (including any fee, profit, overhead and all like amounts) and the agreed upon Contingency amount.
The GMP shall be the full and complete amount for which the CMR agrees to go forward from the receipt of sub-contract bids to the
full completion of the Project.
Prior to acceptance and execution of the GMP, the CMR shall submit a Best Value quality control plan that identifies risks and
potential risks that the CMR does not control, or risk that is impacted by factors that the CMR does not control, and includes the
CMR's plan to minimize that risk. A risk would be any existing or potential condition, situation or event that could negatively impact
the project's ccst, schedule, quality and the City's expectations.
Upon acceptance and execution of the GMP proposal, by the City, the CMR shall enter into sub-contract agreements with the sub-
contractors selected for the amounts included in the GMP Proposal for that sub-contract work, and shall function as a General
Contractor and comply with the Contract Documents accordingly with regard to the Project as well as a CMR with regard to other
services required by the Contract Documents.
Task 5-Construction Phase: Once the City has accepted the GMP, the City will issue a GMP Amendment which will include the
Contract for Construction. CMR activities shall include, but are not limited to:
• Coordinating site ccnstruction management services including but not limited to: regular job site meetings, maintaining
daily on-site project log and schedule report, overseeing quality assurance, testing and inspection programs, monitoring
construction management staff and sub-contractor work performance for deficiencies, maintaining reccrd copies of all
contract documents, change orders and other documentation on site, overseeing construction management staff and
subcontractor safety programs.
• Staffing each assigned project in a satisfactory manner. As a minimum, the CMR site personnel during the construction
phase will include: a full-time project manager, a full-time project superintendent and project administrative personnel.
The CMR shall provide site personnel that are competent, English-speaking and able to communicate effectively.
• Updating and maintaining master project schedules, detailed construction schedules, submittal schedules, inspection
schedules and occupancy schedules.
• Preparing a schedule of values associated with the bid package identified and submit it for approval by the Architect and
City's representative(s). All payment requests must be in accordance with the schedule of values approved.
• Processing payment requests for approval by the Architect and the City's representative(s).
• Processing any change orders due to scope and modifications and shall submit it for approval by the Architect and the
City's representative(s), including a cost estimate of the proposed change.
• Processing requests for information and coordinate with the Architect
6 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
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' ' ,, ' ' . BEACH
• Providing construction program accounting and reporting to the City as required.
• Monitoring for the presence of existing asbestos containing building materials and certify to the City that no asbestos
containing material has been used.
• Providing monthly progress reports to the City.
• Submitting exception-based status reports, associated with the Best Value Quality Control Plan, addressing conditions,
situations, and events that introduce risk to the project. in terms of cost, schedule, quality, and City's expectations, and
including the CMR's plan to mitigate the risk (s).
• Coordinating with the Architect and City representative(s) the substantial and final inspections, prior to the Architect's
approval and issuance of the Certificate of Substantial Completion.
Task 6-Post-Construction Phase: The CMR will coordinate project closeout, start-up and transition to operation, per the contract
for Construction. Activities include but are not limited to:
• The CMR shall coordinate project close-out, start-up and transition to operation.
• The CMR will coordinate with the Architect to provide a complete project record including project manual and CADD
drawings to show all construction changes, additions, and deletions compared to the Construction Document (CADD disks
will be provided to the CMR by the Architect).
• The CMR will coordinate with the City to prepare the Certificate of Final Inspection.
• The CMR will obtain and review for completeness, have corrected if necessary, and submit to the City, following the
Architect's approval, all Warranties, Operations and Maintenance Manuals, and other such documents.
• The CMR is responsible to the City for Warranties and Guaranties.
• The CMR will complete all punch-list items generated by Contractor during their inspections.
• The CMR will coordinate and conduct the Occupancy Evaluation and Warranty Inspection.
SECTION IV-PROPOSAL FORMAT
In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is
strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard
copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of
contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references.
TAB 1 Minimum Qualification Re uirements
In accordance with the minimum qualifications established in Section II, submit verifiable information to document each of the
minimum qualification requirements. Minimum qualification requirements will be evaluated by the Evaluation Committee. All
information necessary for the committee to evaluate compliance with the established minimum qualification requirements must be
contained in the proposal submitted, or submitted within two (2) days of request by the City. Failure to submit information in sufficient
detail for the committee to evaluate compliance with minimum qualifications may result in proposal rejection by the committee.
Proposals not deemed to be in compliance with the minimum qualification requirements by the Evaluation Committee shall
not be further considered.
TAB 2 • erience & Qualifications.
2.1 PROPOSING FIRM EXPERIENCE. It is a requirement of the project that the Proposer have sufficient experience, at the
discretion of the City, to successfully complete the project. To that end, the Proposer shall provide the following. ,
2.1.1 Firm Qualifications. Provide sufficient detail to demonstrate the firm's ability to provide mulli-disciplinary management in
the areas of facility assessment, scope definition/validation, planning, public engagement, cost estimating, scheduling, quality
control and assurance plan, building code review/inspection, design, construction, closeout, and warranty services.
2.1.1.1 Architectural exposed concrete experience. List the firm's successfully completed projects comparable in
design, scope, size and complexity, undertaken in the past ten (1 0) years that have architectural exposed concrete as
a major component. ·
2.1.1.2 Experience in the coordination of multiple exposed building systems. List the firm's successfully
completed projects comparable in design, size and complexity undertaken in the last five (5) years that have multiple
exposed building systems.
2.1.1.3 LEED Experience. List the firm's successfully completed projects comparable in design, scope, size and
complexity, undertaken in the past five (5) years that achieved a USGBC LEED certification or greater.
2.2 PROJECT TEAM MEMBERS. It is a requirement of the project that the Proposer's staff the project with competent individuals
and ualifled su ervisor ersonnel. To that end, the Pro oser shall rovide the followin
7 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
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2.2.1 Organizational Chart. Provide an organizational chart listing the proposed key personnel, their qualifications and their
roles in the project, resumes which shall include educational background, work experience, employment history, and any other
pertinent information, including LEED certification attained. Where applicable. proposed team members shall also submit
current and valid certifications and/or licenses for their individual scope of supervision. At a minimum, the Proposer shall
include the following proposed project team members:
• Project Manager. Provide a comprehensive summary of the experience and qualifications of the individual who will
be selected to serve as the Project Manager. This individual must have a minimum of ten (1 0) years' experience in
the management of construction projects, possess extensive knowledge in the management of construction projects,
value engineering, working in a team environment, and is well versed in project schedules and budgeting.
Furthermore, this individual should have served as Project Manager on projects having the same size and
complexity, one of which is required to have achieved a USGBC LEED certification.
• Construction Superintendent. Provide a comprehensive summary of the experience and qualifications of the
individual who will be selected to serve as the Construction Superintendent. This individual must have a minimum of
fifteen (15) years' experience in the management of construction projects, possess extensive knowledge in the
management of construction projects, value engineering, working in a team environment, and is well versed in
project schedules and budgeting. Furthermore, this individual should have served as Construction Superintendent on
projects having the same size and complexity, one of which is required to have achieved a USGBC LEED
certification.
2.2.2 Staffing Plan. A staffing plan that clearly illustrates the key elements of the organizational structure proposed to
accomplish the management, design, construction, inspection and administrative services required. The staffing plan should
indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of
the individual who will serve as the primary contact with City. Proposer shall clearly detail the role of all of the Sub-consultants
and/or Sub-contractors proposed for the Project.
2.3 PAST CLIENT REFERENCES. Submit a minimum of five (5) references from past clients for which the Proposer has provided
similar services as requested here. For each client reference, submit the following:
• Project Description & Location. For each project submitted, submit contact information for the following:
./ Owner Or Agency
./ Architect Or Landscape Architect, Or Engineering Consultant
./ General Contractor (If Work Performed As A Sub Contractor)
./ Name Of General Contractor's Project Manager And Field Superintendent
• Date Completed
• Square Footage
• Brief Description Of Work Performed
• LEED Certification Level (Projected If Project Is Not Certified Yet)
• Name Of Contractor's Designated Project Manager And Superintendent
• Awarded Contract Amount And Final Contract Amount. Submit an Explanation Of Differences Between Awarded And
Final Contract Amounts, If Difference Exceeded 5%.
• Date Of Project Completion & Verification of Timely Completion.
In addition to the references requested herein which the City may contact, the City reserves the right to utilize a third-party (e .. g,
Rating Source, e-Vendor Check, etc.) for reference or background verifications.
2.5 LITIGATION HISTORY. Submit list of all pending or recent (within the last five years) litigation in which the firm, a project team
member or any proposed sub-consultant has been named.
2.4 FINANCIAL CAPACITY.
2.4.1 D&B REPORTS. The prospective Provider shall pay D&B to send the Supplier Qualifier Report (SQR) to the prospective
Provider and the Department through electronic means. The cost of the preparation of the D&B report shall be the responsibility
of the prospective Provider. The prospective Provider shall request the report from D&B at
https:/fsupplierportal.dnb.comlwebapplwcs/storesfservletfSupplierPortal?storeld=11696
In addition to the D&B information, the City may require proposers shall submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum,
balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the
submittal is from a co venture, each Proposers involved in the co venture must submit financial statements as indicated above.
2.4.2 BONDING CAPACITY. Submit written verification of bonding capacity equal or exceeding the amount of project budget by
a licensed surety company rated excellent ("A" or better) in the current A.M. Best Guide and qualified to do business within
the State of Florida.
81 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PlACE
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TAB 3 • e of Services & Methodolo
3.1 SCOPE OF SERVICES. Proposer will be required to submit a narrative of its team's approach to the project. This narrative
should address:
Task 1 -Coordination with the Design Professional
Task 2-Design Phase: Review of Design Documents, Scheduling, Estimating & Cost Control
Task 3-Bid and Award Phase
Task 4-Guaranteed Maximum Price (GMP)
Task 5-Construction Phase
Task 6-Post-Construction Phase
3.2 PROJECT METHODOLOGY: Proposer will be required to submit a narrative of its team's approach to the project. This narrative
should include:
1. A management plan including, techniques for 'partnering' with the community's merchants, tenants and residents and its
approach to a project of this nature with construction activities as described in the Scope.
2. The Proposer shall provide a detailed description of the key Project activities, to include final design and construction
activities approach, including coordination of multiple building systems.
3. The Proposer shall illustrate complete understanding of the scope of work for all components of the project. The narrative
shall address methodology, site logistics, sequencing and phasing of the various work efforts.
4. The Proposer shall describe the efforts involved in coordinating with Florida Power and Light (FPL), AT&T and Atlantic
Broadband (ABB).
5. Proposer shall clearly detail and present its approach to all required permitting issues, including but not limited to, water
distribution system, stormwater drainage system, street lighting system, landscaping etc., relative to the applicable
agency(ies) and entity(ies}, e.g. City of Miami Beach, SFWMD, FOOT, FDEP, USACOE, Miami-Dade County RER, Fl.
Dept. of Health, etc.
6. Proposer shall describe their Quality Assurance I Quality Control Plan ("QA/QC Plan") for the Work, including design,
construction, coordination, implementation and completion of the Project. The Proposer shall explain its QA/QC Plan and
the plan for any of its subconsultants or Subcontractors, namely the policies and procedures that will be used to assure the
complete and the accurate management of the Project.
3.3 RISK ASSESSMENT PLAN: Proposer will be required to submit a narrative of its team's approach to the project. This narrative
should include:
All Consultants must submit a Risk-Assessment Plan (RAP). The RAP must not be longer than two (2) pages front side of page
only should be included within the RFQ response. The RAP should address the following items in a clear and generic language:
2.7.1 Potential project risks. (Areas that may cause the Contractor not to finish on time, not finish with budget, cause any
change orders, or be a source of dissatisfaction with the owner)
2.7.2 Explanation of how the risks can be avoided/minimized
2.7.3 Propose any options that could increase the value of this project
2.7.4 Explain Proposer experience in avoiding or minimizing potential risks.
2.5 OTHER SUBMITTAL REQUIREMENTS: Proposer will be required to submit a narrative of its team's approach to the project.
This narrative should include:
SECTION V-EVALUATION J SELECTION PROCESS
The procedure for response, evaluation and selection will be as follows:
The RFP will be issued
1. A Pre-Proposal Submission Meeting with potential Proposers will be conducted.
2. All timely received Proposals will be opened and listed.
3. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the
requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written
submissions or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step
process.
4. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second
step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the
Department of Procurement Management.
Step 1 Evaluation. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance
with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may:
a. Review and score all proposals received, with or without conducting interview sessions; or
b. Review all proposals received and short-list one or more proposers to be further considered during subsequent
interview session(s) (using the same criteria}.
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~ fi\iAt/d BEACH
Step 1 · Qualitative Criteria Maximum Points
Proposer Experience and Qualifications, including Financial Capability
Approach and Methodology
50
40
TOTAL AVAILABLE STEP 1 POINTS 90
Step 2 Evaluation. Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be
added by the Department of Procurement Management to those points earned in Step 1, as follows.
Step 2 -Quantitative Criteria ( Local and Veterans Preference)
D&B Supplier Risk Scores 10
Miami Beach-Based Vendor 5
Veterans and State-Certified Service-Disabled Veteran
O&B Supplier Evaluation Report. The prospective Provider shall pay D&B to send the Supplier Qualifier Report (SQR) to the
prospective Provider and the Department through electronic means. The cost of the preparation of the D&B report shall be the
responsibility of the prospective Provider. The prospective Provider shall request the report from D&B at
https :J/su ppl ierportal.d n b. com/webapp/wcs/sto reslservlet/Su pp I ierPo rtal?storeld=11696
In addition to the D&B information, the City may require proposers shall submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance
sheets (statements of financial position) and statements of profit and loss (statement of net income). When the submittal is from a co
venture, each Proposers involved in the co-venture must submit financial statements as indicated above. Scores derived from the
D&B Supplier Evaluation Report shall b d I d · d 'th th ~ II · f I e eve ope 1n accor ance w1 e o ow1ng ormu a:
Sample Objective Formula for Supplier Risk
Vendor Total Points
D&B Awarded
Risk Level
Low (1-3.5) 10
Medium (3.6-6.5) 5
High (6.6-9) 0
At the conclusion of the Evaluation Comm1ttee Step 1 sconng, Step 2 Pomts w1ll be added to each evaluation committee member's
scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to ran kings in accordance with the
example below:
Committee
Member 1
Committee
Member2 Rank 2
Low Aggregate Score 3 7 8
Fmal Ranking'* 1 2 3
• Step 2 Points calculated by DPM.
** Final Ranking is presented to the City Manager for further due diligence and recommendation to
the City Commission. Final Ranking does not constitute an award recommendation until such time
as the City Manager has made his recommendation to the City Commission.
10 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
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~ !';\I AI/\ BEACH
SECTION VI -SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS
The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd
Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440.
B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability,
Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage. City of Miami Beach must be shown as an
additional insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection
with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class V" as to
financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice
to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
JRD FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section
or under any other section of this agreement.
11 I RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
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SECTION VII -GENERAL CONDITIONS
1. GENERAL TERMS AND CONDITIONS. It IS the responsibility of the
Proposer to become thoroughly familiar with the Proposal requirements.
tenms and conditions of this solicitation. Ignorance by the Proposer of
conditions that exist or that may exist will not be accepted as a basis for
varying the requirements of the City, or the compensation to be paid to the
Proposer.
2. DEFINITIONS. The following words, tenms and phrases, when used, shall
have the meanings ascribed to them except where the context clea~y
indicates a different meaning.
a. Proposal -shall refer to any offer(s) submitted in response to this
solicitation.
b. Proposer /Contractor/Offeror-Any individual, finm. or corporation
submitting a proposal for this Project acting directly or through a
duly authorized representative.
c. Proposal Solicitation -shall mean this solicitation documentation,
including any and all addenda.
d. Proposal Submittal Form-defines the requirement of items to be
purchased, and must be completed and submitted with Proposal.
The Proposer should indicate its name in the appropriate space on
each page.
e. City-shall refer to City of Miami Beach, Florida
f. City Commission . City Commission shall mean the governing and
legislative body of the City.
g. City Manager -City Manager shall mean the Chief Administrative
Officer of the City.
h. Comparable Facility - A facility that. when considering size, use,
revenue, and other applicable criteria, is similar to the Miami Beach
Convention Center (MBCC) which includes 1.2 million gross square
foot facility averaging a minimum of $6 million in annual gross food
and beverage sales.
Controlling Financial Interest -means the ownership, directly or
indirectly, of 1 0% or more of the outstanding capital stock in any
corporation or a direct or indirect interest of 10% or more in a finm.
j. Domestic Partner: The term Domestic Partner shall mean any two
(2) adults of the same or opposite sex, who have registered as
domestic partners with a government body pursuant to state or local
law authorizing such registration. or with an internal registry
maintained by the employer of at least one of the domestic partners.
A Contractor may institute an internal registry to allow for the
provision of equal benefits to employees with domestic partner who
do nat register their partnerships pursuant to a governmental body
authorizing such registration, or who are located in a jurisdiction
where no such governmental domestic partnership exists.
k. Enrolled Vendor-shall refer to a firm that has completed the City
of Miami Beach Pre-Qualification process and has satisfied all
requirements to enter into a business agreement with the City.
Evaluation Committee • A committee of individuals appointed by
the City Manager that may include City perscnnel, residents,
industry experts and other individuals whose purpose is to evaluate
the proposals received in response to this RFP and who may make
a non-binding recommendation to the City Manager on the selection
of a short-list of proposer (s) who the City Manager. at his or her
discretion, may present to the City Commission for consideration
and, if approved by the City Commission, who may be further
considered during the contract negotiation phase.
m. Firm -means a corporation, partnership, business trust or any legal
entity other than a natural person.
n. Negotiation Team • A committee of individuals appointed by the
City Manager that may include City personnel, residents, industry
experts and other individuals whose purpose is to negotiate a
contract, after City Commission has approved a short-list of
proposer (s), and who may make a non-binding recommendation to
the City Manager on the selection of short-listed proposer (s) who
the City Manager, at his or her discretion, may present to the City
Commission for consideration and final award.
o. Successful Proposer -shall mean the Proposer (s) recommended for
award.
121 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
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p.
q.
r.
s.
3.
4.
5.
6.
7.
8.
9.
Term Applicant -shall rnean an individual, partnership, or corporation,
which submits an application 10 response to this solicitation.
Responsible Proposer: A proposer who is qualified, as determined by
the City, on the basis of the following criteria:
• Whether the proposer can perfonm the contract within the time
specified, without delay or Interference.
The character. integrity, reputation, judgment experience and
efficiency of the proposer .
The quality of performance of previous contracts.
The previous and existing compliance by the proposer with laws
and ordinances relating to the contract
Responsive Proposer • 8 proposer whose submittal is determined by
the City to be in conformance with the conditions, requirements, and
specifications detailed in the specifications.
Vendor-a person and/or entity, which has been selected by the City as
the successful proposer on a present or pending proposal for goods.
equipment or services, or has been approved by the City on a present or
pending award for goods, equipment or services, prior to or upon
execution of a contract. purchase order or standing order.
For additional information about on-line vendor enrollment or vendor
pre-qualification, please contact Procurement at 1700 Convention
Center Drive, Miami Beach, FL 33139; Phone 305-673-7490. Or email:
procurement@miamibeachfl.gov Vendors can register with the City
by going to the website: wv.w.miamibeachfl.gov and click on
Procurement under City Departments.
PRICES QUOTED. Deduct trade discounts and quote firm net prices.
Give both unit price and extended total, when requested. Prices must be
stated in units of quantity specified in the proposalding specifications. In
case of discrepancy in computing the amcunt of the proposal, the UNIT
PRICE quoted will govern. All prices must be F.O.B. destination, freight
prepaid (unless otherwise stated in Special Conditions). Discounts for
prompt payment; The Proposer may offer cash discounts for prompt
payments: however, such discounts will not be considered in determining
the lowest price during proposal evaluation. Proposers are requested to
provide prompt payment tenms in the space provided on the Proposal
submittal signature page of the solicitation. Award, if made, will be in
accordance with terms and conditions stated herein. Each item must be
proposal separately, and no attempt is to be made to tie any item or items
in with any other item or items. Cash or quantity discounts offered will not
be a consideration in detenmination of award of proposal(s).
TAXES. The City of Miami Beach is exempt from all Federal Excise and
State taxes.
MISTAKES. Proposer s are expected to examine the specifications,
delivery schedules, proposal prices. and extensions, and all instructions
pertaining to supplies and services. Failure to do so will be at the
proposer's risk and may result in the proposal being non-responsive.
CONDITION AND PACKAGING. Proposer guarantees items offered and
delivered to be the current standard production model at time of proposal
and shall offer expiration dating of at least one year or later. Proposer
also guarantees items offered and delivered to be new, unused, and free
from any and all defects in material, packaging and workmanship and
agrees to replace defective items promptly at no charge to the City of
Miami Beach, for the manufacture~s standard warranty but in no case for
a period of less than 12 months from date of acceptance. All containers
shall be suitable for storage or shipment, and all prices shall include
standard commercial packaging.
UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the
Proposal, all manufactured items and fabricated assemblies shall be U.l.
listed or re-examination listing where such has been established by UL
for the item(s) offered and furnished.
CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City
Commission reserves the right to waive any infonmalities or imegularities in
this Proposal; or to reject all proposals, or any part of any proposal. as it
deems necessary and in the best interest of the City of Miami Beach.
EQUIVALENTS. If a proposer offers makes of equipment or brands of
supplies other than those specified in the Proposal specifications, he must
so indicate in his proposal. Specific article(s) of equipment'supplies shall
conform in quality, design and construction with all published claims of the
manufacturer.
10. The proposer shall indicate in the Proposal Form the manufacture(s name
and number if proposing other than the specified brands, and shall
indicate ANY deviation from the specifications as listed in the Proposal.
Other than specified items offered requires complete descriptive technical
literature marked to indicate detailed conformance with specifications, and
MUST BE INCLUDED WITH THE PROPOSAL. NO PROPOSALS WILL
BE CONSIDERED WITHOUT THIS INFORMATION.
11. Lacking any written indication of intent to quote an alternate brand or
model number, the proposal will be considered as a proposal in complete
compliance with the Proposal specifications.
12. Note as to Brand Names: Catalog numbers, manufacturers' and brand
names, when listed, are informational guides as to a standard of
acceptable product quality level only and should not be construed as an
endorsement or a product limitation of recognized and legitimate
manufacturers. Proposer s shall formally substantiate and verify that
product(s) offered conform with or exceed quality as listed in the
specifications.
13. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this
solicitation that before, during, and after a public emergency, disaster,
hurricane, tornado, flood, or other acts of force majeure that the City of
Miami Beach, Florida shall receive a "First Priority" for any goods and
services covered under any award resulting from this solicitation, including
balance of line items as applicable. It is vital and imperative that the
majority of citizens are protected from any emergency situation that
threatens public health and safety, as determined by the City. By virtue of
submitting a response to this solicitation, vendor agrees to provide all
award-related goods and services to the City on a "first pliolity" under the
emergency conditions noted above.
14. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be
tested for compliance with specifications. Items delivered, not confomring
to specifications, may be rejected and returned at the proposer 's
expense. These items, as well as items not delivered as per delivery date
in proposal and/or purchase order, may be purchased by the City, at its
discretion, on the open market Any increase in cost may be charged
against the proposer . Any violation of these stipulations may also result
in the proposer's name being removed from the City's vendor list.
15. PRODUCT INFORMATION. Product literature, specifications, and
technical infomration, including Manufacturer's Safety Data Sheets
(MSDS) should be provided with this proposal as an attachment to the
"PROPOSAL FORM". However, in all cases must be provided within five
(5) calendar days upon request from Purchasing Agent.
16. SAMPLES. Proposals submitted as an "equal" product must be
accompanied with detailed specifications. Samples of items, when
required, must be furnished free of expense and, if not destroyed, will,
upon request be returned at the proposer's expense. Proposers will be
responsible for the removal of all samples furnished within (30) days after
proposal opening. All samples will be disposed of after thirty (30) days.
Each individual sample must be labeled with the proposer 's name.
Failure of the proposer to either deliver required samples, or to clearly
identify samples may be reason for rejection of the proposal. Unless
otherwise indicated, samples should be delivered to the Procurement
Division, 1700 Convention Center Drive, Miami Beach, FL 33139.
17. DELIVERY. Unless actual date of delivery is specified (or if specified
delivery cannot be met), show number of days (in calendar days) required
to make delivery after receipt of purchase order, in space provided.
Delivery time may become a basis for making an award. Delivery shall be
within the normal working hours of the City using Department, Monday
through Fliday, excluding holidays. Receiving hours are Monday through
Friday, excluding holidays, from 8:30A.M. to 5:00P.M.
18. INTERPRETATIONS. Any questions concerning the Proposal conditions
and specifications should be submitted, in writing, to the City's
Department of Procurement Management (DPM) 1700 Convention Center
131 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
50
Drive, Miami Beach, FL 33139.orfacsimile: 786-394-4075.
19. LATE SUBMISSION. All proposals received after the date. time. and
place specified in the Proposal, will be returned to the proposer
unopened, and will not be considered. The responsibility for submitting
proposals before the stated time and date is solely the responsibility of the
proposer . The City will not be responsible tor delays caused by mail,
courier service, or any other entity or occurrence. Facsimile, electronic, or
e-mailed proposals will not be accepted.
20. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will
be at destination, unless otherwise provided. Title to (or risk of loss or
damage to) all items shall be the responsibility of the successful proposer
until acceptance by the City, unless loss or damage results from the gross
negltgence or willful misconduct of the City.
21. If any equipment or supplies supplied to the City are found to be defective,
or do not conform to the specifications, the City reserves the right to
cancel the order upon written notice to the seller, and return the product,
at the proposer's expense.
22. PAYMENT. Payment will be made by the City after the items have been
received, inspected, and found to comply with Proposal specifications,
free of damage or defect, and properly invoiced.
23. DISPUTES. In case of any doubt or difference of opinion as to the items
and/or services (as the case may be) to be furnished hereunder, the
decision of the City shall be final and binding on all parties.
24. LEGAL REQUIREMENTS. The proposer shall be required to comply with
all federal, State of Florida, Miami"Dade County, and City of Miami Beach
codes, laws, ordinances, and/or rules and regulations that in any manner
affect the items covered herein (collectively, Applicable Laws). Lack of
knowledge or ignorance by the proposer with/of Applicable Laws will in no
way be a cause for relief from responsibility.
25. PATENTS & ROYALTIES. The proposer shall indemnify and save
harmless the City of Miami Beach, Flolida, and its officers, employees,
contractors, and/or agents, from liability of any nature or kind, including
cost and expenses for, or on account of, any copyrighted, patented, or
unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach,
Florida. If the proposer uses any design, device or materials covered by
letters, patent, or oopyright, it is mutually understood and agreed, without
exception, that the proposal prices shall include all royalties or cost alising
from the use of such design, device, or materials in any way involved in
the work.
26. OSHA. The proposer warrants to the City that any work, services,
supplies, materials or El{lUipment supplied pursuant to this Proposal shall
conform in all respects to the standards set forth in the Occupaltonal
Safety and Health Act of 1970, as amen<led, and the failure to comply with
this condition will be deemed breach of contract. Any fines levied because
of inadequacies to comply with this condition shall be borne solely by the
proposer.
27. MANNER OF PERFORMANCE. Proposer agrees to perfomn its duties
and obligations in a professional manner and in accordance with all
applicable Local, State, County, and Federal laws, rules, regulations and
codes. Proposer agrees that the services provided shall be provided by
employees that are educated, trained, experienced, certified, and licensed
in all areas encompassed within their designated duties. Proposer
agrees to furnish to the City any and all documentation, certification,
authorization, license, permit or registration cunrently required by
applicable laws, rules, and regulations. Proposer further certifies that it
and its employees will keep all licenses, permits, registrations,
authorizations, or certifications required by applicable laws or regulations
in full force and effect during the term of this contract. Failure of
proposer to comply with this paragraph shall constitute a material breach
of this contract
28. SPECIAL CONDITIONS. Any and all Special Conditions that may vary
from these General Terms and Conditions shall have precedence.
29. ANTI-DISCRIMINATION. The proposer certifies that he/she is in
compliance with the non-discrimination clause contained in Section 202.
Executive Order 11246, as amended by Executive Order 11375, relative
to equal employment opportunity for all persons without regard to race,
color. religion, sex or national origin.
30. AMERICAN WITH DISABILITIES ACT. To request this material in
accessible format, sign language interpreters, information on access for
persons with disabilities, and/or any accommodation to review any
document or participate in any city-sponsored proceeding, please contact
305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five
days in advance to initiate your request TTY users may also call 711
(Florida Relay Service).
31. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where proposers
are required to enter or go on to Ci~ of Miami Beach property to deliver
materials or perform work or services as a resu~ of the Proposal, the
proposer will assume lhe full duty, obligation and expense of obtaining all
necessary licenses, permits, and insurance, and assure all work complies
with all Applicable Laws. The proposer shall be liable for any damages or
loss to the City occasioned by negligence of the proposer , or his/her
officers, employees. contractors. and/or agents, for failure to comply with
Applicable Laws.
32. PROPOSAL BONDS, PERFORMANCE BONDS, CERTIFICATES OF
INSURANCE. Proposal Bonds, when required, shall be submitted with the
proposal in the amount specified in the Special Conditions. After
acceptance of the proposal, the City will notify the successful proposer to
submit a performance bond and certificate of insurance in the amount
specified in the Special Conditions.
33. DEFAULT. Failure or refusal of a proposer to execute a contract upon
award, or withdrawal of a proposal before such award is made, may result
in forfeiture of that portion of any proposal sure~ required as liquidated
damages incurred by the City thereby: or, where surety is not required,
failure to execute a contract as described above may be grounds for
removing the proposer from the City's proposers list
34. CANCELLATION. In the event any of the provisions of this Proposal are
violated by the proposer , the City shall give written notice to the proposer
stating such deficiencies and, unless such deficiencies are corrected
within ten (10) calendar days from the date of the City's notice, the Ci~,
through its City Manager. may declare the contract in default and
terminate same, without further notice required to the proposer
Notwithstanding the preceding, the City, through its City Manager, also
reserves the right to terminate the contract al any time and for any reason,
without cause and for convenience. and without any monetary liability to
the City, upon the giving of thirty (30) days prior written notice to the
proposer.
35. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must
show punchase order numbers and shall be submitted to the ordering City
depa rtrnent.
36. SUBSTITUTIONS. The City WILL NOT accept substitute shipments of
any kind. The proposer is expected to furnish the brand quoted in its
proposal. Any substitute shipments will be returned at the proposer 's
expense.
37. FACILITIES. The City, through its City Manager or his/her authorized
designee, reserves the right to inspect the proposer 's facilities at any
time, upon reasonable prior written or verbal notice.
38. PROTEST. In the event a prospective proposer wishes to protest any part
of lhe General Conditions, Special Conditions and/or Technical
Specifications contained in this it must file a notice of protest in writing to
the Procurement Director, with a copy to the City Clerk, at least ten (10)
business days prior to the Proposal opening date and hour specified in the
solicitation. Any proposer , who has a substantial interest in, and is
aggrieved in connection with the solicitation or proposed award may
protest to the City Manager or his or her designee anytime until two (2)
business days following the release of the City Manager's written
recommendation to the City Commission, as same is set forth and
14[ RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
51
released in the City Commission agenda packet, for award of the proposal
in question in accordance with City of Miami Beach Ordinance No. 2002-
3344, which establishes procedures for proposal protests and which can
be found on the Procurement website. Failure Ia file a timely notice of
protest will constitute a waiver of proceedings.
39. CLARIFICATION AND ADDENDA TO PROPOSAL SPECIFICATIONS: If
a proposer is in doubt as to the true meaning of the Proposal
specifications, or other Proposal documents, or any part thereof, the
proposer must submit to the City, at least ten (10) calendar days prior to
the scheduled Proposal opening date, a request for clarification NO
QUESTIONS WILL BE RECEIVED VERBALLY DR AFTER SAID
DEADLINE.
40. Any interpretation of the Proposal, including, without limitation, responses
to questions and request for clarification(s) from proposers, will be made
only by Addendum duly issued by the City. In the event of conflict with the
original specifications, the Addendum shall supersede such specifications,
to the extent specified. Subsequent Addendum shall govern over prior
Addendum only to the extent specified. The proposer shall be required to
acknowledge receipt of any and all Addendum, and filling in and signing in
the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure
to acknowledge Addendum may deem a proposal non-responsive.
41. The City will not be responsible for explanations, interpretations, or
answers to questions made verbally or in writing by any City
representative, unless issued by the City via formal written Addendum to
this Proposal.
42. Any questions or clarifications concerning the Proposal shall be submitted
in writing to the Department of Procurement Management (DPM) 1700
Convention Center Drive, Miami Beach, FL 33139 with a copy to the City
Clerk
43. DEMONSTRATION OF COMPETENCY.
44. Pre-award inspection of the proposer's facility may be made prior to the
award of contract
45. Proposals will only be considered from firms which are regularly engaged
in the business of providing the goods and/or services as described in this
Proposal.
46. Proposers must be able to demonstrate a good record of performance for
a reasonable period of time, and have sufficient financial capacity,
equipment, and organization to ensure that they can satisfactorily perform
the services if awarded a contract under the terms and conditions of this
Proposal.
47. The terms "equipment and organization•, as used herein shall, be
construed to mean a fully equipped and well established company in line
with the best business practices in the industry, and as determined by the
City of Miami Beach.
48. The City may consider any evidence available regarding the financial,
technical, and other qualifications and abilities of a proposer , including
past performance (experience), in making an award that is in the best
interest of the City.
49. The City may require proposer s to show proof that they have been
designated as authorized representatives of a manufacturer or supplier,
which is the actual sou nee of supply. In these instances, the City may also
require material information from the source of supply regarding the
quality, packaging, and characteristics of the products to be supply to the
City. Any material confiicts between information provided by the source of
supply and the information contained in the proposer 's proposal may
render the proposal non-responsive.
50. The City may, during the period that the contract between the Ci~ and the
successful proposer is in !once, review the suocessful proposer's record
of performance to ensure that the proposer is continuing to provide
sufficient financial support, equipment, and organization as prescribed in
this proposal. Irrespective of the proposer 's performance on contracts
awarded to it by the City, the City may place said contracts on
probationary status and implement termination procedures if the City
determines that the successful proposer no longer possesses the
financial support, equipment, and organization which would have been
necessary during the proposal evaluation period in order to comply with
the demonstration of competency required under this subsection.
51. DETERMINATION OF AWARD. Unless otherwise stated in the Special
Conditions, The City Commission shall award the proposal to the lowest
and best proposer . In determining the lowest and best proposer , in
addition to price, there shall be considered the following:
a. The ability, capacity and skill of the proposer to perform the
contract.
b. Whether the proposer can perform the contract within the time
specified, without delay or interference.
c. The character, integrity, reputation, judgment, experience and
efficiency of the proposer.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the proposer with
Applicable Laws relating to the contract.
52. ASSIGNMENT. The successful proposer shall not assign, transfer,
convey, sublet or otherwise dispose of the contract, including any or all of
its right title or interest therein, or his/her or its power to execute such
contract, to any person, company or corporation, without lhe prior written
consent of the City.
53. LAWS, PERMITS AND REGULATIONS. The proposer shall obtain and
pay for all licenses, permits, and inspection fees required under the
contract; and shall comply with all Applicable Laws.
54. OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in
agreement, other units of government or non-profit agencies may
participate in purchases pursuant to the award of this contract at the
option of the unit of government or non-profit agency.
55. SPOT MARKET PURCHASES. II is the intent of the City to purchase the
items specifically listed in this Proposal from the successful proposer.
However, the City reserves the right to purchase lhe items from state or
other governmental contract, or on an as-needed basis through the City's
spot market purchase provisions.
56. ELIMINATION FROM CONSIDERATION. This proposal shall not be
awarded to any person or firm who is in arrears to the City upon any debt.
taxes, or contracts which are defaulted as surety or otherwise upon any
obligation to the City.
57. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if
provided, are for City guidance only. No guarantee is expressed or implied
as to quantities or dollars that will be used during the contract period. The
City is not obligated to place any order far a given amount subsequent to
the award of this Proposal. Estimates are based upon the City's actual
needs and/or usage during a previous contract period. The City may use
said estimates for purposes of determining whether the low proposer
meets specifications.
58. COLLUSION. Where twa (2) or more related parties each submit a
proposal or proposals for any contract, such proposals or proposals shall
be presumed to be collusive. The foregoing presumption may be
rebutted by presentation of evidence as to the extent of ownership, control
and management of such related parties in the preparation and submittal
of such proposal or proposals. "Related parties" means proposer s or the
principals thereof which have a direct or indirect ownership interest in
another proposer for the same contract, or in which a parent company or
the principals thereof of one (1) proposer have a direct or indirect
ownership interest in another proposer for the same contract. Proposal or
proposals found to be collusive shall be rejected.
59. Proposer s who have been found to have engaged in collusion may also
be suspended or debarred, and any contract resulting from collusive
propasalding may be terminated for cause.
60. DISPUTES. In the event of a conflict between the Proposal documents,
the order of priority of the documents shall be as follows:
61. Any contract or agreement resulting from the award of this Proposal; then
62. Addendum issued for this Proposal. with the latest Addendum taking
precedence; then
63. The Proposal; then
64. The proposer's proposal in response to the Proposal.
151 RFQ 2013-454-TC CMR SERVICES FOR COLLINS PARK PLACE
52
65. REASONABLE ACCOMMODATION. In accordance with Title II of the
Americans with Disabilities Act, any person requiring an accommodation
at the Proposal opening because of a disability must contact the
Procurement Division.
66. GRATUITIES. Proposers shall not offer any gratuities, favors, or anything
of monetary value to any official, employee, contractor, or agent of the
City, for the purpose of influencing consideration of this Proposal.
67. SIGNED PROPOSAL CONSIDERED AN OFFER. The signed proposal
shall be considered an offer on the part of the proposer , which offer shall
be deemed accepted upon award of the proposal by the City Commission.
In case of default on the part of the successful proposer , after such
acceptance, the City may procure the items or services from other
sources and hold the proposer responsible far any excess cost
occasioned or incurred thereby.
68. TIE PROPOSALS. In accordance with Florida Statues Section 287.087,
regarding identical tie proposals, preference will be given to proposer s
certifying that they have implemented a drug free worll place program. A
certification form will be required. In the event of a continued tie between
two or more proposer s after consideration of the drug free workplace
program, the City"s Local Preference and Veteran Preference ordinances
will dictate the manner by which a tie is to be resolved. In the event of a
continued tie after the Local and Veteran Preference ordinances have
been applied or the tie exists between proposer s that are not Local or
Veteran, the breaking of the tie shall be at the City Manager's discretion,
which will make a recommendation for award to the City Commission.
69. DELIVERY TIME. Proposers shall specify in the attached Proposal Form,
the guaranteed delivery time (in calendar days) for each item. It must be
a firm delivery time; no ranges (For example, 12-14 days) will be
accepted.
70. TERMINATION FOR DEFAULT. If the successful proposer shall fail to
fulfill in a timely manner, or otherwise violate, any of the covenants,
agreements, or stipulations material to the Proposal and/or the contract
entered into with the City pursuant thereto, the City shall thereupon have
the right to terminate the worll and/or services then remaining to be
performed by giving written notice to the proposer of such termination,
which shall become effective upon receipt by the proposer of the written
termination notice.
71. In that event, the City shall compensate the successful proposer in
aocordance with the term of the contract for all worll and/or services
satisfactorily performed by the proposer prior to termination, net of any
costs incurred by the City as a consequence of the default.
72. Notwithstanding the above, the successful proposer shall not be relieved
of liability to the City for damages sustained by the City by virtue of any
breach of the contract by the proposer , and the City may reasonably
withhold payments to the successful proposer for the purposes of set off
until such time as the exact amount of damages due the City from the
successful proposer is determined.
73. The City may, at its discretion, provide reasonable 'cure period" for any
contractual violation prior to termination of the contract: should the
successful proposer fail to take the corrective action specified in the C1ty's
notice of default within lhe allotted cure period, then the City may proceed
to terminate the contract for cause in accordance with this subsection
1.57.
74. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its
convenience, terminate the worll and/or services then remaining to be
performed, at any time, by giving written notice to the successful proposer
of such termination, which shall become effective thirty (30) days following
receipt by proposer of such notice. In that event, all finished or unf1nished
documents and other materials shall be properly delivered to the City. If
the contract is terminated by the City as provided in this subsection, the
City shall compensate the successful proposer in accordance with the
terms of the contract for all and without cause and/or any resulting liability
to the City, worll and/or services actually performed by the successful
proposer , and shall also compensate the proposer for its reasonable
direct costs in assembling and delivering to City all documents. No
compensation shall be due to the successful proposer for any profits that
the successful proposer expected to earn on the balanced of the contract.
Such payments shall be the total extent of the City's liability to the
successful proposer upon a termination as provided for in this subsection.
75. INDEMNIFICATION. The successful Proposer shall indemnify and hold
harmless the City and its officers, employees, agents and instrumentalities
from any and all liability, losses or damages, including attorney's fees and
costs of defense, which the City or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes
of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of the agreement by the successful
Proposer or its employees, agents, servants, partners, principals or
subcontractors. The successful Proposer shall pay all claims and losses
in connection therewith, and shall investigate and defend all claims, suits
or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may be incurred thereon. The successfu I Proposer
expressly understands and agrees that any insurance protection required
by this Agreement or otherwise provided by the successful Proposer shall
in no way limit the responsibility to indemnify, keep and save harmless
and defend the City or its officers, employees, agents and
instrumentalities as herein provided. The above indemnification provisions
shall survive the expiration or termination of this Agreement
76. MODIFICATIONIWJTHDRAWALS OF PROPOSALS. A proposer may
submit a modified proposal to replace all or any portion of a previously
submitted proposal up until the proposal due date and time. Modifications
received after the proposal due date and time will NOT be considered.
77. Proposals shall be irrevocable unUI contract award unless withdrawn in
writing prior to the proposal due date or after expiration of 120 calendar
days from the opening of proposals without a contract award. Letters of
withdrawal received after the proposal due date and before said expiration
date and letters of withdrawal received after contract award will NOT be
considered.
161 RFQ 2013454-TC CMR SERVICES FOR COLLINS PARK PLACE
53
78. EXCEPTIONS TO PROPOSAL. Proposers are strongly encouraged to
thoroughly review the specifications and all conditions set forth in this
Proposal. Proposers who fail to satisfy the requirements in this Proposal.
may be deemed non-responsive and receive no further consideration.
Should your proposed proposal not be able to meet one (1) or more of the
requirements set forth in this Proposal and you ane proposing alternatives
and/or exceptions to said requirements, you must notify the Procurement
Office, in writing, at least five (5) days prior to the deadline for submission
of proposals The City reserves the right to revise the scope of services
via Addendum prior to the deadline for receipt of proposals.
79. FLORIDA PUBLIC RECORDS LAW. Proposers are heneby notified that
all Proposal including, without limitation, any and all information and
documentation submitted therewith. are exempt from public records
requirements under Section 119.07(1), Florida Statutes, and s 24(a), Art.
1 of the State Constitution until such time as the City provides notice of an
intended decision or until thirty (30) days after opening of the proposals,
whichever is earlier. Additionally, Contractor agrees to be in full
compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and
necessarily would be required by the public agency in order to perform the
services; (b) provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as
other.vise provided by law; (c) Ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements
are not disclose<J except as authorized by law; (d) Meet all requirements
for retaining public records and transfer, at no cost, to the public agency
all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the
public agency.
APPENDIX A
~ MIAMI BEACH
Proposal Certification,
Questionnaire &
Requirements Affidavit
RFP 2013-454-TC
CONSTRUCTION MANAGER AT RISK SERVICES
FOR THE CONSTRUCTION OF THE COLLINS
PARK GARAGE
DEPARTMENT OF PROCUREMENT MANAGEMENT
1 700 Convention Center Drive
Miami Beach, Florida 33139
54
-----------
Solicitation No: 2013-317ME Solicitation Title: Management and Opera~ons for Street Markets
Procurement Contact Maria Estevez Tel: 305-1373-7234 I Email:mestevez@miamibeachfl.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective
Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order
that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be
evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must
be submitted fully completed and executed.
1. General Proposer Information.
FIRM NAME:
I No of Years in Business: I No of Years in Business Locally: I No. of Employees: I
OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS
CITY:
STATE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.
.. The C1ty reserves the nght to seek add1t1onallnformabon from proposer or other source(s), mcludmg but not l1m1ted to: any firm
or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any
information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract
requirements.
55
2.
3.
Miami Beach Based (LoTI) Ve~dor. Is proposer a Miami Beach based firm?
YES c=J NO
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt
issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a
Miami Beach Based Vendor.
Veteran Owned Business~oser a veteran owned business?
L_j YES c=J NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation
proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of
Florida or United States federal government, as required pursuant to ordinance 2011-3748.
5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against
your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed,
and identify the court or agency before which the action was instituted, the applicable case or file number, and the
status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s),
provide a statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please
provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify
a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers
to this question shall result in the disqualification of the firm for this project.
SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or
any proposer team member firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in
the past 5 years, submit a statement accordingly.
6. References & Past Performance. Pre~oser sl=lall Sl:lbmit at least three (a) references fer 'NI=Iem tl=le proposer has
coA1pletea werk siA1ilar in si;ze ana nal~:~re as the werk referenced in solicitation. Maitionally, Preposer sheula pro•o'iae
reference with the Contraoter Client S~:~r.·ey pro•,·iaed as an attachment to the solicitation, aml request that yeur
reference subA1it the completed sup;ey to directly to tl=le eentractinfl e#icer named in the solicitation. IR erEier te he
seRsidereEI, sur.reys must be seRt te the Presurement Division directly by tf:le referense. A minimum of three (3)
references are req1:1irea. THIS SECTION IS SUPERCEDED BY REFERENCE REQUIREMENTS ESTABLISHED IN
SECTIONV.
SUBMITTAL REQUIREMENT: Propeser shall subrnil a miniml:lA1 of three (3) references, includinfl tl=le follewinfl
infermatien: 1) Firm ~Jame, 2) Contact lndiviEII:lal ~Jarne & Title, 3) Adaress, 4) Telephone, 6) Centast's Email ana e)
Narrative on Sco~e of Ser.rices Previaed. Additionally, each reference sl'lo1:1ld submit Contractor Client S1:1r.rey incl1:1dea
in the solicitatien directl•t te tl=le CiW. Pref3oser may Sl:lBA1il adelitional references ana ask that aaaitional references
subrnil client surlJOys as applicable.
7. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to non-rrforjance by any public sector agency? c===J YES NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons
that led to action(s).
8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign
Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,
and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the
even! of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate
whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who
has been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
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9. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics {"Code") and submit that Code to the Procurement
Division with its bid/response or within five {5) days upon receipt of request. The Code shall, at a minimum, require the
Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of
interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of
Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachfi.gov/procurement'.
10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time,
proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living
wage rates listed below:
• Commencing with City fiscal year 2012-13 {October 1, 2012), the hourly living rate will be $11.28/hr
with health benefits, and $12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for
inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S.
Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three
percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it
detenmines it would not be fiscally sound to implement same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City
may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on
the Living Wage requirement is available at www.miamibeachfi.gov/procurement'.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
Proposer agrees to the living wage requirement.
11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding
competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees
on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-
3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to
competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees
with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of
Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami
Beach limits, who are directly perfonming work on the contract within the City of Miami Beach.
A Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?
c:=J YES c:=J NO
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic
partners• or to domestic partners of employees? c:=J YES c:=J NO
C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner,
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical
insurance.
BENEFIT
Health
Sick Leave
Family Medical Leave
Bereavement Leave
January 16. 2013
City of Miami Beach
Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
57
Firm does not
Provide Benefit
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If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no
insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable
Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed
Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures
Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the
City Manager's decision is final. Further information on the Equal Benefits requirement is available at
www.miamibeachfl.gov/procurementl.
12. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,
states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity;
may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public
building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017
for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on
convicted vendor list.
12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive
to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com.
However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum
released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result
in proposal disqualification.
Initial to Confirm Initial to Confirm Initial to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6
Addendum 2 Addendum 7
Addendum 3 Addendum 8
Addendum 4 Addendum 9
Addendum 5 Addendum 10
. . If additional confirmation of addendum IS reqUired, submit under separate cover .
January 16. 2013
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58
Addendum 11
Addendum 12
Addendum 13
Addendum 14
Addendum 15
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DISCLOSURE AND DISCLAIMER SECTION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's
convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in
failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this
RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject
proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its
sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in
response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's
affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the
recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances
as to the accuracy of any information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk.
Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by
the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No
warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected
for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any
award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure
and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals
submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal.
This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for
guidance only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the
applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the
terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by
the City for any reason, or for no reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to
disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent
permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by
the City shall become public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal,
the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true,
accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable
judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response
thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and
liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this
Disclosure and Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood
that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall
be governed by and construed in accordance with the laws of the State of Florida.
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PROPOSER CERTIFICATION
I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this I TN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and
the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and
conditions contained in the I TN, and any released Addenda and understand that the following are requirements of this
SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposer's Authorized Representative Title or Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
January 16, 2013
City of Miami Beach
County of ) stated that (s)he is the of
_____ , a corporation, and that the instrument was signed in behalf of the said
corporation by authority of its board of directors and acknowledged said instrument to be its voluntary
act and deed. Before me:
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APPENDIX B
~ MIAMI BEACH
-------·-··-······-··--·-· ----------------
Sample Construction
Management at Risk
Contract
and
Related Terms and
Conditions & Forms
---------... .. ----------------------~~~~
RFP 2013-454-TC
CONSTRUCTION MANAGER AT RISK SERVICES
FOR THE CONSTRUCTION OF THE COLLINS
PARK GARAGE
January 16, 2013
City of Miami Beach
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
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-----
NOTE: THE SAMPLE CONTRACT. REQUIRED FORMS (E.G., BONDS) AND OTHER TERMS AND
CONDITIONS ARE BEING REVIEWED AND FINALIZED WITH THE LEGAL DEPARTMENT.
62