2000-24070 RESO
RESOLUTION NO. 2000- 24070
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
ADMINISTRATION TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ),
NO. 117-99/00 FOR CONSTRUCTION MANAGEMENT AT RISK FOR THE
FIRE STATION NO.2 RENOVATION AND EXPANSION.
WHEREAS, on July 17, 1996, the Mayor and City Commission adopted a Resolution,
authorizing the Mayor and City Clerk to execute an agreement with the firm of ST A Architectural
Group (STA), pursuant to RFLI No. 133-94/95 for Architectural and Engineering services for the
Renovation and Expansion of Fire Station No.2 and a Master Plan for the site at 451 Dade
Boulevard (the Project); and
WHEREAS, a total of $500,000 were appropriated from the Convention Development!
Interlocal Agreement Fund for the consulting services for the Project; and
WHEREAS, a total of $4,686,449 were allocated from the General Obligation Bond for the
construction of the Project; and
WHEREAS, on March 9, 1998, the final scheme developed by STA was presented for
approval and recommendation at the Land Use & Development Committee and Scheme Beta, which
called for the Historic Restoration of the existing Fire Station Building, the addition of a new three
bay Fire Station, and a reconfiguration of the Public Works Yard was approved; and
WHEREAS, the Administration has studied the use of Construction Management at Risk
(CMR) for the Project in lieu of a standard bidding process; and
WHEREAS, the use of CMR allows for the involvement by a contractor in the process as
early as possible, which in turns affords the City and the consultant the expertise of the contractor
in determining better means and methods of construction, controls of costs, selection of
subcontractors, etc.; and
WHEREAS, CMR also requires that the contractor provide an Initial Guaranteed Maximum
Price (IGMP) as early as the Design Development Phase of the Project; and
WHEREAS, the contractor is then responsible for this IGMP and must provide the City
with cost estimates at regular intervals to ensure that the Project is within budget; and
WHEREAS, the City Administration recommends that the City Commission authorize the
Administration to issue a Request for Qualifications for Construction Management at Risk for the
Fire Station No.2 Renovation and Expansion.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize
the City Administration to issue Request for Qualifications (RFQ), No. 117-99/00 for Construction
Management at Risk for the Fire Station No.2 Renovation and Expansion.
PASSED and ADOPTED this 13th day of September, 2000.
1M
MAYOR
ATTEST:
~FP~
CITY CLERK
APPROVED AS TO
FORM & lANGUAGE
& FOR. execuTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci,miami-beach.fl.us
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COMMISSION MEMORANDUM NO,
&7(rOO
TO:
Mayor Neisen O. Kasdin and
Mem}~1f~lltmission
JoIle""'M'":G~nzaIez
City Manager
DATE: September 13, 2000
FROM:
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO
ISSUE REQUEST FOR QUALIFICATIONS (RFQ), NO. 117-99/00 FOR
CONSTRUCTION MANAGEMENT AT RISK FOR THE FIRE STATION NO.2
RENOVATION AND EXPANSION.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
On July 17, 1996, the Mayor and City Commission adopted a Resolution, authorizing the Mayor and City
Clerk to execute an agreement with the firm of STA Architectural Group (STA), pursuant to RFLl No,
133-94/95 for architectural and engineering services for the renovation and expansion of Fire Station No.
2 and a Master Plan for the site at 451 Dade Boulevard.
On March 9, 1998, the final scheme developed by ST A was presented for approval and recommendation
at the Land Use & Development Committee and Scheme Beta, which called for the Historic Restoration
of the existing Fire Station Building, the addition of a new three bay Fire Station, and a reconfiguration of
the Public Works Yard was approved.
As part of the General Obligation Bond Program (GO Bonds) and the Capital Improvements Program
(Crp), the Administration revisited the previous recommendations for the Master Plan and for Fire Station
No.2 and decided to negotiate an amendment to the original agreement for professional services with STA
which included the design and construction administration services for Fire Station No.2 and had an
established fee structure.
AGENDA ITEM
C.7R.
q-} 3-cxJ
DATE
On June 28, 2000, the City Commission approved Amendment No.1, in the amount of $318,020, to the
agreement with ST A for design and construction administration services, for the restoration of the existing
Fire Station No, 2, the addition of a new three bay Fire Station and the reconfiguration and design of the
Fire Station site to isolate it from the Public Works Yard site.
The firm of STA has received approvals from staff on the schematic designs for the project and is
continuing to work on the construction documents. They will present the schematic documents to the
Historic Preservation Board for approval at their October 10, 2000 meeting.
The Administration has studied the use of Construction Management at Risk (CMR) for the project in lieu
of a standard bidding process, The use of CMR allows for the involvement by a contractor in the process
as early as possible, which in turns affords the City and the consultant the expertise of the contractor in
determining better means and methods of construction, controls of costs, selection of subcontractors, etc,
CMR also requires that the contractor provide an Initial Guaranteed Maximum Price (IGMP) as early as
the Design Development Phase of the project. The contractor is then responsible for this IGMP and must
provide the City with cost estimates at regular intervals to ensure that the project is within budget.
At approximately ninety percent completion of the Construction Document Phase of the project, the
contractor must then provide the final Guaranteed Maximum Price (GMP) which establishes the cost of
the project, within budget, and which makes the contractor responsible for this price regardless of
developments during construction which may increase the cost ofthe project. Code issues, errors on the
documents, unforeseen conditions, etc. which increase construction costs must be borne by the Construction
Manager at Risk. Only changes requested by the City which go beyond the original scope of work are
considered as potential change orders when using CMR.
The Request for Qualifications will be presented at the General Obligation Committee meeting of
September 11, 2000 for their review and approval,
The City Administration recommends that the City Commission authorize the Administration to issue a
Request for Qualifications for Construction Management at Risk for the Fire Station No.2 Renovation and
Expansion.
~~/~~S/tffiMlJE
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Attachment
CITY OF MIAMI BEACH
~
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
http:\\ci.miarni-beach.fl.us
PROCUREMENT DIVISION
Telephone (305) 673.7490
Facsimile (305) 673.78S1
REQUEST FOR QUALIFICATIONS (RFQ) NUMBER 117-99/00
Construction Management (CM) At-Risk for Additions and
Renovations to Fire Station No. 2
RESPONSES MUST BE RECEIVED NO LATER THAN OCTOBER 12. 2000 AT 3:00
P.M.. AT THE FOLLOWING ADDRESS:
City of Miami Beach
City Hall
Procurement Division, Third Floor
1700 Convention Center Drive
Miami Beach, FI33139
Fax: (305) 673-7851
RFQ 117-99/00
September 14,2000
F:IPURC\$ALLIGUSICM@RISK.WPD
1
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139
htt :\\cLmiami-beach.f1.us
PROCUREMENT DIVISION
Telepho,;;(30S) 673.7490
Facsimile (305) 673-T8S1
PUBLIC NOTICE
Request for Qualifications (RFQ) NO. 117-99/00
Scone of Service: The CM At-Risk will be responsible for the construction management (CM) and
construction services for the renovations and expansion of Fire Station No.2. The services required
will be throughout the various project phases, such as: design phase, bid and award phase,
construction phase, and post construction phase. The CM at-risk will negotiate a fee for CM services
until a Guaranteed Maximum Price (GMP) is negotiated for the actual construction of this project,
Sealed qualifications will be received until 3:00 n.m. on October 12, 2000, at the following
address:
City of Miami Beach, City Hall - Procurement Division, Third Floor, 1700 Convention Center
Drive, Miami Beach, Florida 33139,
Any response received after 3:00 p.m, on October 12, 2000, will be returned to the proposer
unopened. The responsibility for submitting qualifications before the stated time and date is solely
strictly the responsibility of the proposer. The City is not responsible for delays caused by mail,
courier service, including V,S, Mail, or any other occurrence.
A Pre-Qualification Conference is scheduled for 9:00 a.m, on September 28, 2000, at the following
address: City of Miami Beach, City Hall - City Manager's Office, Fourth Floor Large
Conference Room. 1700 Convention Center Drive, Miami Beach, Florida.
The RFQ package is available by calling DemandStar,com at (407) 975-3227 and requesting
Document #1 173.
RFQ 117-99/00
September 14,2000
2
The City of Miami Beach, may at its sole and aboolute discretion, reject any and all, or parts of any
and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or
waive any irregularities in the RFQ or in the responses received as a result of this RFQ, as deemed
in the best interest ofthe City of Miami Beach.
You are hereby advised that this RFQ is subject to the "Cone of Silence, " in accordance with
Ordinance 99-3164, Requests for additional information or clarifications must be submitted in
writing to my attention, and may be forwarded via facsimile to: 305-673-7851.
Thank you,
Gus Lopez, CPPO
Procurement Director
RFQ 117-99/00
September 14,2000
3
NOTICE TO PROSPECTIVE
PROPOSERS
RFQ NO: 117-99/00
DATE: September 14,2000
Construction Management (CM) At-Risk for Additions and Renovations to Fire
Station No.2
NO RESPONSE
If you are not submitting a response at this time, please detach this sheet from the RFQ
documents, complete the information requested, and return to the address listed above,
NO BID SUBMITTED FOR REASON(S) CHECKED ANDIOR INDICATED:
D Our company does not handle this type of service.
D We cannot meet the scope of work.
D Our company is simply not interested in submitting a proposal at this time.
D Due to prior commitments, I was unable to attend pre-proposal meeting,
OTHER, (Please specify)
We do 0 do not D want to be retained on your mailing list for future projects for this type of
service.
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a proposal or this completed form, may result in
your company being removed from the City's bid list.
RFQ 117-99/00
September 14,2000
4
TABLE OF CONTENTS
Pa2e
I. OVERVIEW AND QUALIFICATION PROCEDURES
6-11
II. SCOPE OF SERVICES
12-13
III. QUALIFICATION STATEMENT FORMAT
14-15
IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 16-17
V. GENERAL PROVISIONS
18-19
VI, SPECIAL TERMS AND CONDITIONS
20
VII, QUALIFICATION DOCUMENTS TO BE COMPLETED AND
RETURNED TO THE CITY
21-26
VIII. ATTACHMENTS
27
RFQ 117-99/00
September 14,2000
5
SECTION I - OVERVIEW AND OUALIFICATlONS PROCEDURES:
A. INTRODUCTlONIBACKGROUND
The CM At-Risk will be responsible for the construction management (CM) and construction
services for the renovations and expansions of Fire Station No.2, The services required will be
throughout the various project phases, such as: design phase, bid and award phase, construction
phase, and post construction phase. The CM at-risk will negotiate a fee for CM services until a
Guaranteed Maximum Price (GMP) is negotiated for the actual construction of this project.
(JORGE - NEED ADDITIONAL BACKGROUND INFO.
B. RFQ TIMET ABLE
The anticipated schedule for this RFQ and contract approval is as follows:
RFQ issued
Pre-Qualification Conference
Deadline for receipt of questions
Deadline for receipt of responses
Evaluation process
Recommendation to City Commission
Negotiations
Contract Award
Projected contract start date
September 14,2000
September 28, 2000 at 9:00 a,m,
October 5, 2000 at 4:00 p.m.
October 12,2000 at 3:00 p.m,
Week of October 16,2000
October 25, 2000
Week of October 30, 2000
November 15,2000
November 27, 2000
C. QUALIFICATION STATEMENT SUBMISSION
An original and ten copies of complete responses must be received by October 12,2000 at 3:00
p.m., and will be opened on that day at that time. The original and all copies must be submitted
to the Procurement Division in a sealed envelope or container stating on the outside, the
respondent's name, address, telephone number, RFQ number, title, and due date,
The responsibility for submitting a response to this RFQ to the Procurement Division on or
before the stated time and date will be solely and strictly that ofthe respondent. The City will in
no way be responsible for delays caused by the U ,So Post Office or caused by any other entity or
by any occurrence. Responses received after the RFQ due date and time are late and will
not be considered.
RFQ 117-99/00
September 14, 2000
6
D. PRE-QUALIFICATION CONFERENCE
A pre-qualification conference is scheduled on September 28,2000 at 10:00 A.M. at the
following address:
City Hall
City Manager's Office
Fourth Floor Large Conference Room
1700 Convention Drive
Miami Beach, Florida 33319
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFQ is Gus Lopez, CPPO, Procurement Director. Mr. Lopez may
be reached by Phone: 305-673-7495; Fax: 305-673-7851; E-mail: guslopez@ci,miami-
beach,fl.us,
Respondents are advised that from the date of release of this RFQ until award ofthe contract, no
contact with City personnel related to this RFQ is permitted, except as authorized by the contact
person. Any such unauthorized contact may result in the disqualification ofthe respondent's
submittal.
Requests for additional information or clarifications must be made in writinl! to the Procurement
Director no later than 4:00 n.m. on October 5. 2000.
City will issue replies to inquiries and any other corrections or amendments it deems necessary in
written addendum issued prior to the deadline for responding to the RFQ, Respondents should
not rely on representations, statements, or explanations other than those made in this RFQ or in
any addendum to this RFQ. Respondents are required to acknowledge the number of addenda
received as part of their responses, The respondent should verify with the Procurement
Division prior to submitting a response that all addendums have been received.
F. MODIFICA TIONIWITHDRA W ALS OF SUBMITTALS
A respondent may submit a modified response to replace all or any portion of a previously
submitted response up until the RFQ due date and time, Modifications received after the RFQ
due date and time will not be considered.
Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFQ
RFQ 117-99/00
September 14,2000
7
due date or after the expiration of one-hundred twenty days from the opening of responses,
Letters of withdrawal received after the RFQ due date and before said expiration date, and letters
of withdrawal received after contract award will not be considered.
G. RFQ POSTPONEMENT/CANCELLATIONIREJECTlON
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any
irregularities in this RFQ or in the responses received as a result of this RFQ.
H. COST INCURRED BY RESPONDENTS
All expenses involved with the preparation and submission of responses to the City, or any work
performed in connection therewith, shall be the sole responsibility ofthe respondent(s) and not
be reimbursed by the City.
I. VENDOR APPLICATION
Prospective proposers should register with the DemandStar.com (the City's Vendor Database
Management firm); this wilI facilitate the receipt of future notices of solicitations when they are
issued. Potential proposers may contact DemandStar,com at (800) 711-1712 or register on-line
at www.demandstar.com.
J, EXCEPTIONS TO RFQ
Respondents must clearly indicate any exceptions they wish to take to any of the terms in this
RFQ, and outline what alternative is being offered. The City, after completing evaluations, may
accept or reject the exceptions, In cases in which exceptions are rejected, the City may require
the respondent to furnish the services originally described herein, or negotiate an alternative
acceptable to the City.
K. SUNSHINE LAW
Respondents are hereby notified that all information submitted as part of a response to this RFQ
wilI be available for public inspection after opening of responses, in compliance with Chapter
286, Florida Statutes, known as the "Government in the Sunshine Law".
RFQ 117-99/00
September 14,2000
8
L. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or may
require respondents to give oral presentations based on their submittals, The City reserves the
right to enter into negotiations with a selected respondent, and ifthe City and the selected
respondent cannot negotiate a mutually acceptable contract, the City may terminate the
negotiations and begin negotiations with the next selected respondent. This process may
continue until a contract has been executed or all responses have been rejected. No respondent
shall have any rights in the subject project or property or against the City arising from such
negotiations.
M. PROTEST PROCEDURE
Respondents that are not selected may protest any recommendations for award by sending a
formal protest letter to the Procurement Director, which letter must be received no later than 5
calendar davs after award bv the City Commission. The Procurement Director will notifY the
protester of the cost and time necessary for a written reply, and all costs accruing to an award
challenge shall be assumed by the protester. Any protests received after 5 calendar days from
contract award by the City Commission will not be considered, and the basis or bases for said
protest shall be deemed to have been waived by the protester.
N. RULES; REGULATIONS; LICENSING REQUIREMENTS
Respondents are expected to be familiar with and comply with all Federal, State and local laws,
ordinances, codes, and regulations that may in any way affect the services offered, including the
Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform
Guidelines, and all other EEO regulations and guidelines. Ignorance on the part of the
respondent will in no way relieve it from responsibility for compliance.
O. DEFAULT
Failure or refusal of a respondent to execute a contract upon award by the City Commission, or
untimely withdrawal of a response 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 respondent from the City's vendor list.
P. CONFLICT OF INTEREST
RFQ 117-99/00
September 14, 2000
9
All respondents must disclose with their response the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, child) who is also an employee of the City of
Miami Beach, Further, all respondents must disclose the name of any City employee who owns,
either directly or indirectly, an interest of ten (10%) percent or more in the respondent or any of
its affiliates. No qualifying firm will be permitted to supervise or administer any project on
which they are the designer, consultant or a sub-consultant.
Q. RESPONDENT'S RESPONSIBILITY
Before submitting a response, each respondent shall make all investigations and examinations
necessary to ascertain all conditions and requirements affecting the full performance of the
contract. Ignorance of such conditions and requirements resulting from failure to make such
investigations and examinations will not relieve the successful respondent from any obligation to
comply with every detail and with all provisions and requirements of the contract documents, or
will be accepted as a basis for any claim whatsoever for any monetary consideration on the part
of the respondent.
R. RELATION OF CITY
It is the intent of the parties hereto that the successful respondent be legally considered as an
independent contractor and that neither the respondent nor the respondent's employees and
agents shall, under any circumstances, be considered employees or agents of the City.
S. 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.
T. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws,
as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws
are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition
to disqualification of their proposals, in the event of such non-compliance.
RFQ 117-99/00
September 14,2000
10
U. CONE OF SILENCE
You are hereby advised that this RFP is subject to the "Cone ofSi]ence," in accordance with
Ordinance No. 99-3164. From the time of advertising until the Executive Director of the RDA
issues his recommendation, there is a prohibition on communication with the RDA and/or the
City's professional staff. The Ordinance does not apply to ora] communications at pre-bid
conferences, if held, oral presentations before evaluation committees, contract discussions
during any duly noticed public meeting, public presentations made to the RDA Board and/or the
City Commission during any duly noticed public meeting, contract negotiations with the staff
following the award of this RFP by the RDA Board, or communications in writing at any time
with any citylrda employee, official, or member of the RDA Board and/or the City Commission
unless specifically prohibited. A copy of all written communications must be filed with the City
Clerk. Violation of these provisions by any particular bidder or proposer shall render this RFP
award to said bidder or proposer void, and said bidder or respondent shall not be considered for
any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of
one year.
V. DEBARMENT ORDINANCE
Bidders are hereby advised that this RFP is further subject to City of Miami Beach Ordinance
No. 2000-3234 (The City's Debarment Ordinance). Bidders are strongly advised to review the
City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract
as well as disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or
bid.
W. CODE OF BUSINESS ETHICS
Pursuant to 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 your bid/proposal or within five days upon receipt of request.
The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all
applicable governmental rules and regulations including, among others, the conflict of interest,
lobbying and ethics provision of the City Code.
RFQ 117-99100
September ]4,2000
11
SECTION II - SCOPE OF SERVICES
The services required for this project include, but are not limited to the following:
A. DESIGN PHASE
1. The Construction Manager (CM) shall be required to review and
coordinate the work that the Architect of Record has prepared for this project, and
the existing site condition of the project.
2. The CM shall submit for approval by the Architect and the City's representative(s)
applicable cost and time savings incentive programs,
3. The CM shall be required to work with and coordinate their activities with any
additional consultants, contracts, contractors, testing labs and other services that
the city provides for the project.
4. The CM shall review all design documents and the existing buildings/site and
provide value engineering recommendations as necessary.
5. The CM shall review construction documents and the existing building/site to
ensure constructability.
6. The CM shall review construction documents and the existing building and/or
building site to minimize conflicts, errors and omissions,
7, The CM shall prepare detailed cost estimates and updates as needed.
8. The CM shall review the current budget issues during the design phase and will
develop an estimate based on the final Construction Documents.
9. The CM shall establish the master project schedule identifying all different phases
and all milestone items.
10, The CM shall develop and present to the city a construction sequencing/phasing
plan for the proposed work.
11. The CM shall coordinate with the Architect and provide to the City all permitting
applications and requirements as required by the project.
RFQ 117-99/00
September 14,2000
12
12. The City may require professional design services for any specific portion of the
project.
B. BID AND AWARD PHASE
1. The CM shall identify different bid packages that will represent the entirety of the
scope of work.
2. The list of sub-contractors shall be provided as part of the CM proposal. The City
reserves the right to reject any sub-contractor proposed for any ofthe bid packages
prepared by the CM.
3. The CM shall schedule and conduct a pre-bid conference with the interested
subcontractors, material suppliers, and equipment suppliers.
4. The CM shall accept, review, and award bids to qualified responsive and
responsible subcontractors..
5, The CM shall justify in writing to the City, the use of any pre-qualified
subcontractors that are not the low bidder.
6, The CM shall contract with sub-contractors, material suppliers and equipment
suppliers necessary for the proposed construction work.
7. The CM shall set detailed procedures for cost and time control updates,
8. The CM shall develop and present to the City a proposed Guaranteed Maximum
Price (GMP) based upon the sum of accepted low subcontract bids and the
negotiated construction manager fees for its construction services including
general conditions, profit and overhead. The City may accept, reject, or require
modification to said proposed GMP.
C. CONSTRUCTION PHASE
1, The CM shall provide for and coordinate with City personnel to accomodate an occupied
campus during construction phases,
2. The CM shall coordinate surveyors, special consultants and testing lab services
contracted by the City as required.
RFQ 117-99/00
September 14,2000
13
3. The CM shall coordinate site construction management services including but not limited
to:
. Regular job site meetings
. Maintain daily on site project log and schedule report
. Oversee quality assurance, testing and inspection programs
. Monitor construction management staff and subcontractor work performance for
deficiencies
. Maintain record copy of all contract documents
. Change orders and other documentation on site
. Oversee construction management staff and subcontractor safety programs
4. The CM shall staff each assigned project in a satisfactory manner. As a minimum, the
CM site personnel during the construction phase will include: a project manager, full time
project superintendent and project administrative personnel. The CM shall provide site
personnel that are competent, english speaking and are able to communicate effectively.
5. The CM shall update and maintain master project schedules, detailed construction
schedules, submittal schedules, inspection schedules and occupancy schedules.
6. The CM shall prepare a schedule of values associated with the bid package identified and
submit for approval by the Architect and City's representative(s). All payment requests
must be in accordance with the schedule of values approved.
7. The CM shall process payment requests for approval by the Architect and the City's
representative( s).
8. The CM shall process any change orders due to scope and modifications and the City's
representative for approval by the Architect including a cost estimate of the proposed
change.
9. The CM shall process requests for information and coordinate with the Architect.
10. The CM shall provide construction program accounting and reporting to the City as
required.
II, The CM shall monitor for the presence of existing asbestos containing building material
and certify to the City that no asbestos containing material has been used.
12. The CM shall provide monthly progress reports to the City.
RFQ 117-99/00
September 14,2000
14
13. The CM shall coordinate 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.
D. POST CONSTRUCTION PHASE
1. The CM shall coordinate project close-out, start-up and transition to operation.
2. The CM will coordinate with the Architect to provide a complete project records
including project manual and mylar and CAD drawings corrected to show all construction
changes, additions, and deletions compared to the Construction Document (CAD disks
will be provided to the CM by the Architect).
3. The eM will coordinate with the City to prepare the Certificate of Final Inspection.
4. The CM will obtain and review for completeness, have corrected if necessary and submit
to the City following the Architects approval all warranties, operations and maintenance
manuals, and other such documents.
5, The CM is responsible to the City for warranties and guaranties.
6. The CM will complete all punch-list items generated by Contractor during their
inspections,
7. The CM will coordinate and conduct the occupancy evaluation and warranty inspection.
RFQ 117-99/00
September 14, 2000
15
SECTION III - OUALIFICATIONS STATEMENT FORMAT
Submittals must contain the following documents, each fully completed, and signed as required,
Submittals which do not include all required documentation, or are not submitted in the required
format, or do not have the appropriate signatures on each document, may be deemed to be non-
responsive. Non-responsive submittals will receive no further consideration.
A. CONTENTS OF QUALIFICATION STATEMENT
1. Table of Contents
The table of contents should outline in sequential order the major areas of the submittal,
including enclosures. All pages must be consecutively numbered and correspond to the
table of contents.
2. Technical Proposal
Provide a narrative which addresses the scope of work, the proposed approach to the
work, and any other information called for by the RFQ.
3. Price Proposal
None is required at this time. Fees are to be negotiated with the top-ranked firm(s).
4. Qualifications
The minimum qualification requirements for this RFQ are described below. Respondents
must provide documentation which demonstrates their ability to satisfy all of the
minimum qualification requirements. Submittals which do not contain such
documentation may be deemed non-responsive,
5. Acknowledgment of Addenda and Respondent Information Forms (Section VIII)
6. Any other document required by this RFQ, such as a Questionnaire or Response
Guarantv .
B. MINIMUM QUALIFICATION REQUIREMENTS
Each firm interested in responding to this Request for Qualifications must provide the following
information. Submittals that do not respond completely to all requirements will be considered
non- responsive and eliminated from the process,
RFQ 117-99/00
September 14,2000
16
1. Firm's Experience:
Indicate the firm's number of years of experience in providing Program and Construction
Management services, list all projects during the past five (5) years, describe the scope of
the project in physical terms and by cost, describe the scope of the respondent's
responsibilities, and provide the name and contact telephone number of an individual in a
position of responsibility who can attest to respondent's activities in relation to the
project, provide the name(s) of the person, or persons within your organization who was
most actively concerned with managing each project.
2. Proiect Manal!er's Experience:
Provide a comprehensive summary of the experience and qualifications of the individuals
who will be selected to serve as the project managers for the City's project(s). These
individuals must have a minimum often (10) years' experience in program and lor
construction management, and should have served as construction manager on similar
projects on a minimum of three previous occasions. Especially major multi-faceted
Right-of-Way infrastructure projects, including water, wastewater, stormwater and
streetscapes,
3. Previous Similar Proiects:
A list of a minimum of ten similar projects must be submitted, Information should
include:
· Client name, address, phone number.
· Consultant (Architect or Engineer) name, address, phone number.
· Description of the scope of the work,
· Month and Year the project was started and completed.
· Total cost and/or fees paid to your firm.
· Total cost of the construction, estimated and actual.
· Role of the firm and the responsibilities.
4. Qualifications of Proiect Team:
List the members of the project team, Provide a list of the personnel to be used on this
project and their qualifications. A resume of each individual, including education,
experience, and any other pertinent information shall be included for each team member,
including any subcontractors, to be assigned to this project.
RFQ 117-99/00
September 14,2000
17
SECTION IV - EVALUATION/SELECTION PROCESS
The procedure for response evaluation and selection is as follows:
I. Request for Qualifications issued,
2, Receipt of responses,
3. Opening and listing of all responses received.
4, An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
response in accordance with the requirements of this RFQ, If further information is
desired, respondents may be requested to make additional written submissions or oral
presentations to the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the response or
responses acceptance of which the Evaluation Committee deems to be in the best interest
ofthe City,
The Evaluation Committee shall base its recommendations on the following factors:
Firm's Qualifications and Experience in Construction Management At-Risk
Experience and Qualifications of Project Team
Project Manager's Experience
Previous Similar Projects
Methodology and Approach
References Provided by Prior Project Owners
6, After considering the recommendation(s) ofthe Evaluation Committee, the City Manager
shaH recommend to the City Commission the response or responses acceptance of which
the City Manager deems to be in the best interest of the City.
RFQ 117-99/00
September 14,2000
18
7. The City Commission shall consider the City Manager's recommendation(s) in light of
the recommendation(s) and evaluation ofthe Evaluation Committee and, if appropriate,
approve the City Manager's recommendation(s). The City Commission may reject City
Manager's recommendation(s) and select another response or responses. In any case,
City Commission shall select the response or responses acceptance of which the City
Commission deems to be in the best interest of the City. The City Commission may also
reject all responses.
8. Negotiations between the selected respondent and the City Manager's designee will take
place to arrive at a contract. If the City Commission has so directed, the City Manager
may proceed to negotiate a contract with a respondent other than the top-ranked
respondent if the negotiations with the top-ranked respondent fail to produce a mutually
acceptable contract within a reasonable period oftime.
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected
respondent(s) has (or have) done so.
ImDortant Note:
By submitting a response, all respondents shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the
aforesaid evaluationlselection process until and unless a contract has been agreed to and
signed by both parties.
RFQ 117-99100
September 14,2000
19
SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful respondent shall not enter into any sub-contract, retain consultants, or assign,
transfer, convey, sublet, or otherwise dispose ofthis contract, or of any or all of its right, title, or
interest therein, or its power to execute such contract to any person, firm, or corporation without
prior written consent of the City. Any unauthorized assignment shall constitute a default by the
successful respondent.
B. INDEMNIFICATION
The successful respondent shall be required to agree to indemnify and hold harmless the City of
Miami Beach and its officers, employees, and agents, from and against any and all actions,
claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal,
economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity,
which may arise or be alleged to have arisen from the negligent acts or omissions or other
wrongful conduct of the successful respondent, its employees, or agents in connection with the
performance of service pursuant to the resultant Contract; the successful respondent shall pay all
such claims and losses and shall pay all such costs and judgments which may issue from any
lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the
defense of such claims and losses, including appeals.
c. TERMINATION FOR DEF AUL T
Ifthrough any cause within the reasonable control of the successful respondent, it shall fail to
fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations
material to the Agreement, the City shall thereupon have the right to terminate the services then
remaining to be performed by giving written notice to the successful respondent of such
termination which shall become effective upon receipt by the successful respondent of the
written termination notice.
In that event, the City shall compensate the successful respondent in accordance with the
Agreement for all services performed by the respondent prior to termination, net of any costs
incurred by the City as a consequence of the default.
Notwithstanding the above, the successful respondent shall not be relieved of liability to the City
for damages sustained by the City by virtue of any breach of the Agreement by the respondent,
and the City may reasonably withhold payments to the successful respondent for the purposes of
set off until such time as the exact amount of damages due the City from the successful
RFQ 117-99/00
September 14,2000
20
respondent is determined.
D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be performed at any
time without cause, by giving written notice to successful respondent of such termination, which
shall become effective thirty (30) days following receipt by respondent of the written termination
notice. In that event, all finished or unfinished documents and other materials shall be properly
delivered to the City. If the Agreement is terminated by the City as provided in this section, the
City shall compensate the successful respondent in accordance with the Agreement for all
services actually performed by the successful respondent and reasonable direct costs of
successful respondent for assembling and delivering to City all documents. Such payments shall
be the total extent of the City's liability to the successful respondent upon a termination as
provided for in this section.
RFQ 117-99/00
September 14,2000
21
SECTION VI - SPECIAL TERMS AND CONDITIONS
A. INSURANCE
The successful respondent(s) shall obtain, provide, and maintain during the term of the proposed
Agreement the following types and amounts of insurance issued by insurers licensed to sell
insurance in the State of Florida and having a B+ VI or higher rating in the latest edition of AM
Best's Insurance Guide. Any exceptions to these requirements must be approved by the City
Manager or designee.
1, Commercial General Liability. A policy including, but not limited to, comprehensive
general liability including bodily injury, personal injury, property damage in the amount
of a combined single limit of not less than $1,000,000. Coverage shall be provided on an
occurrence basis. The City of Miami Beach must be named as additional insured on
policy.
2. Professional Liability (Errors and Omissions). Minimum of $500,000 per occurrence,
3, Worker's Compensation. A policy of Worker's Compensation and Employers Liability
Insurance in accordance with State worker's compensation laws.
Thirty (30) days' written notice of cancellation or substantial modification in insurance
coverage must be given to the City by the architect/engineer and its insurance company,
Evidence of such insurance shall be submitted to and approved by City prior to
commencement of any work or tenancy under the proposed Agreement.
FAILURE TO PROCURE INSURANCE: The successful respondent's failure to procure
or maintain the required insurance shall constitute a material breach of the proposed
Agreement, giving the City the right to terminate the proposed Agreement.
RFQ 117-99/00
September 14,2000
22
VIII. OUALIFICATION DOCUMENTS TO BE COMPLETED AND RETURNED TO
THE CITY
Submitted by:
Entity:
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by respondent that the City reserves the right to reject any and
all responses, to make awards on all items or any items according to the best interest of the
City, and to waive any irregularities in the RFQ or in the responses received as a result of
the RFQ. It is also understood and agreed by the respondent that by submitting a
response, respondent shall be deemed to understand and agree than no property interest or
legal right of any kind shall be created at any point during the aforesaid
evaluationlselection process until and unless a contract has been agreed to and signed by
both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFQ 117-99/00
September 14,2000
23
REQUEST FOR QUALIFICATIONS NO, 102-99/00
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFQ:
Addendum No, 1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No, 4, Dated
Addendum No.5, Dated
No addendum was received in connection with this RFQ.
Part II:
Verified with Procurement staff
Name of staff
Date
(Respondent - Name)
(Date)
(Signature)
RFQ 117-99/00
September 14, 2000
24
QUESTIONNAIRE
Respondent's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If a Foreie:n Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
Members of Board of Directors:
If a Partnership:
Date of organization:
General or Limited Partnership*:
Name and Address of Each Partner:
NAME
ADDRESS
RFQ 11 7-99/00
September 14,2000
25
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar
business:
2, Have any similar agreements held by respondent for a project similar to the
proposed project ever been canceled?
Yes ( )
No ( )
If yes, give details on a separate sheet.
3. Has the respondent or any principals of the applicant organization failed to qualify
as a responsible bidder, refused to enter into a contract after an award has been
made, failed to complete a contract during the past five (5) years, or been declared
to be in default in any contract in the last 5 years?
If yes, please explain:
Questionnaire (continued)
4. Has the respondent or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary on an attached sheet.
5.
Person or persons interested in this Qualification Form (have)
(have not)
RFQ 1\7-99/00
September 14,2000
26
been convicted by a Federal, State, County, or Municipal Court of any violation of
law, other than traffic violations. To include stockholders over ten percent (10%),
(Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations andlor convictions of the respondent and/or any
of its principals.
7. Conflicts ofInterest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this response:
(If none, so state.)
8, Public Disclosure. In order to determine whether the members of the
Evaluation Committee for this Request for Proposals have any association or
relationships which would constitute a conflict of interest, either actual or perceived,
with any proposer andlor individuals and entities comprising or representing
such proposer, and in an attempt to ensure full and complete disclosure
regarding this contract, all Proposers are required to disclose all persons and
entities who may be involved with this Proposal. This list shall include public
relation firms, lawyers and lobbyists. The Procurement Division shall be notified in
writing if any person or entity is added to this list after receipt of proposals. (Use
additional pages if required.)
The respondent understands that information contained in this Questionnaire will be relied
RFQ 117-99/00
September 14,2000
27
upon by the City in awarding the proposed Agreement and such information is warranted
by the respondent to be true. The undersigned respondent agrees to furnish such
additional information, prior to acceptance of any proposal relating to the qualifications of
the proposer, as may be required by the City Manager.
The respondent further understands that the information contained in this questionnaire
may be confirmed through a background investigation conducted by the Miami Beach
Police Department. By submitting this questionnaire the respondent agrees to cooperate
with this investigation, including but not necessarily limited to fingerprinting and
providing information for credit check.
WITNESSES:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESSES:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
Signature
(General Partner)
(Print Name)
(Print Name)
IF A CORPORATION:
Print Name of Corporation
Signature of President
(Print Name)
Attest:
RFQ 117-99/00
September 14,2000
28
Signature of Corporate Secretary
(Print Name)
SECTION VII - ATTACHMENHS)
1. Infrastructure Improvement Program Funding Analysis (8 pages).
2. Lobbyists Ordinance.
3. Cone of Silence.
RFQ 117-99/00
September 14,2000
29
DIVISION 3. LOBBYISTS
Sec. 2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members of those city boards and agencies whose sole or primary
responsibility is to recommend legislation or give advice to the city commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority,
personnel board, pension boards, and such other autonomous or semi-autonomous authorities,
boards and agencies as are entrusted with the day-to-day policy setting, operation and
management of certain defined functions or areas of responsibility.
Commissioners means the mayor and members ofthe city commission.
Departmental personnel means the city manager, all assistant city managers, all department
heads, the city attorney, chief deputy city attorney and all assistant city attorneys; however, all
departmental personnel when acting in connection with administrative hearings shall not be
included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks
to encourage the passage, defeat or modification of any ordinance, resolution, action or decision
of any commissioner; any action, decision, recommendation of any city board or committee; or
any action, decision or recommendation of any personnel defined in any manner in this section,
during the time period of the entire decision-making process on such action, decision or
recommendation that foreseeably will be heard or reviewed by the City commission, or a City
board or committee. The term specifically includes the principal as well as any agent, attorney,
officer or employee of a principal, regardless of whether such lobbying activities fall within the
normal scope of employment of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and
such other boards and agencies of the city that perform such quasi-judicial functions. The
nuisance abatement board, special master hearings and administrative hearings shall not be
included for purposes of this division.
(Ord. No. 92-2777, 99 1,2,3-4-92; Ord. No. 92-2785, 99 1,2,6-17-92)
Cross reference(s)--Definitions generally, ~ 1-2.
Sec. 2-482. Registration.
RFQ 117-99/00
September 14,2000
30
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk.
Every person required to register shall register on forms prepared by the clerk, pay a registration
fee as specified in appendix A and state under oath:
(I) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the
registrant to lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
(b) Any change to any information originally filed, or any additional city
commissioner or personnel who are also sought to be lobbied shall require that the
lobbyist file an amendment to the registration forms, although no additional fee
shall be required for such amendment. The lobbyist has a continuing duty to
supply information and amend the forms filed throughout the period for which the
lobbying occurs.
If the lobbyist represents a corporation, partnership or trust, the chief officer,
partner or beneficiary shall also be identified. Without limiting the foregoing, the
lobbyist shall also identifY all persons holding, directly or indirectly, a five percent
or more ownership interest in such corporation, partnership, or trust.
Separate registration shall be required for each principal represented on each
specific issue. Such issue shall be described with as much detail as is practical,
including but not limited to a specific description where applicable of a pending
request for a proposal, invitation to bid, or public hearing number. The city clerk
shall reject any registration statement not providing a description ofthe specific
issue on which such lobbyist has been employed to lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an
appropriate
notice of withdrawal.
(f) In addition to the registration fee required in subsection (a) of this section,
registration of a
II lobbyists shall be required prior to October 1 of every even-numbered year; and
for biennial registration shall be as specified in appendix A.
In addition to the matters addressed above, every registrant shall be required to
state the extent of any business, financial, familial or professional relationship, or
other relationship giving rise to an appearance of an impropriety, with any current
city commissioner or personnel who is sought to be lobbied as identified on the
lobbyist registration form filed.
The registration fees required by subsections (a) and (f) ofthis section shall be
deposited by the clerk into a separate account and shall be expended only to cover
the costs incurred in administering the provisions ofthis division. There shall be
no fee required for filing a notice of withdrawal, and the city manager shall waive
the registration fee upon a finding of financial hardship, based upon a sworn
statement of the applicant. Any person who only appears as a representative of a
nonprofit corporation or entity (such as a charitable organization, a neighborhood
or homeowner association, a local chamber of commerce or a trade association or
trade union), without special compensation or reimbursement for the appearance,
(d)
the fee
(g)
(h)
(Q
RFQ 117-99/00
September 14,2000
31
whether direct, indirect or contingent, to express support of or opposition to any
item, shall not be required to register with the clerk as required by this section.
Copies of registration forms shall be fumished to each commissioner or other
personnel named on the forms.
(Ord. No. 92-2777, 9 3, 3-4-92; Ord. No. 92-2785, 9 3, 6-17-92)
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in
contractual privity with the city who only appears in his official capacity shall not
be required to register as a lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing
before
the city commission, planning board, board of adjustment, or other board or
committee and has no other communication with the personnel defined in section
2-481, for the purpose of self-representation without compensation or
reimbursement, whether direct, indirect or contingent, to express support of or
opposition to any item, shall not be required to register as a lobbyist, including but
not limited to those who are members of homeowner or neighborhood
associations. All speakers shall, however, sign up on forms available at the public
hearing. Additionally, any person requested to appear before any city personnel,
board or commission, or any person compelled to answer for or appealing a code
violation, a nuisance abatement board hearing, a special master hearing or an
administrative hearing shall not be required to register, nor shall any agent,
attorney, officer or employee of such person.
(Ord. No. 92-2777, 99 4, 5, 3-4-92; Ord. No. 92-2785, 99 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the
offices ofthe mayor and city commission, the offices of the city manager, and the offices of the
city attorney, shall maintain signed sign-in logs for all non City employees or personnel for
registration when they meet with any personnel as defined in section 2-481.
(Ord. No. 92-2785, 9 6, 6-] 7-92)
Sec. 2-485. List of expenditures.
(a) On October] of each year, lobbyists shall submit to the city clerk a signed
statement under oath listing all lobbying expenditures in the city for the preceding
calendar year. A statement shall be filed even if there have been no expenditures during
the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the
lobbyist registrations filed. All logs required by this section shall be prepared in a
manner substantially similar to the logs prepared for the state legislature pursuant
toF.S.9 ]1.0045.
(Q All members of the city commission and all city personnel shall be diligent to
RFQ 117-99/00
September 14,2000
32
ascertain whether persons required to register pursuant to this section have
complied with the requirements of this division. Commissioners or city personnel
may not knowingly permit themselves to be lobbied by a person who is not
registered pursuant to this section to lobby the commissioner or the relevant
committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who
are reported to be in violation of this division. The city attorney shall report the results
of the investigation to the city commission. Any alleged violator shall also receive
the results of any investigation and shall have the opportunity to rebut the findings, if
necessary, and submit any written material in defense to the city commission. The city
commission may reprimand, censure, suspend or prohibit such person from lobbying
before the commission or any committee, board or personnel of the city.
(Ord. No. 92-2777, 9 6, 3-4-92; Ord. No. 92-2785, 9 7, 6-17-92)
RFQ 117-99/00
September 14,2000
33
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods and services other than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for
qualifications ("RFQ"), request for letters of interest ("RFLl"), or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and the city's
professional staff including, but not limited to, the city manager and his or her
staff; and (b) any communication regarding a particular RFP, RFQ, RFLl, or bid
between the mayor, city commissioners, or their respective staffs, and any
member of the city's professional staff including, but not limited to, the city
manager and his or her staff. Notwithstanding the foregoing, the cone of silence
shall not apply to competitive processes for the award of CDBG, HOME, SHIP
and Surtax Funds administered by the city office of community development, and
communications with the city attorney and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid
after the advertisement of said RFP, RFQ, RFLl, or bid. At the time of
imposition of the cone of silence, the city manager or his or her designee
shall provide for public notice of the cone of silence. The city manager
shall include in any public solicitation for goods and services a statement
disclosing the requirements ofthis division.
b. The cone of silence shall terminate a) at the time the city manager makes
his or her written recommendation as to selection of a particular RFP,
RFQ, RFLI, or bid to the city commission; provided, however, that if the
city commission refers the manager's recommendation back to the city
manager or staff for further review, the cone of silence shall be reimposed
until such time as the manager makes a subsequent written
recommendation, or b) in the event of contracts for less than $10,000.00,
when the city manager executes the contract.
(3) Exceptions. The provisions of this ordinance shall not apply to oral
communications at pre-bid conferences, oral presentations before evaluation
committees, contract discussions during any duly noticed public meeting, public
presentations made to the city commissioners during any duly noticed public
meeting, contract negotiations with city staff following the award of an RFP,
RFQ, RFLI, or bid by the city commission, or communications in writing at any
time with any city employee, official or member of the city commission, unless
specifically prohibited by the applicab]e RFP, RFQ, RFLI, or bid documents. The
bidder or proposer shall file a copy of any written communications with the city
clerk. The city clerk shall make copies available to any person upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any
RFQ 117-99/00
September ]4,2000
34
communications regarding a particular RFP, RFQ, RFLI, or bid between a
potential vendor, service provider, bidder, lobbyist, or consultant and the mayor,
city commissioners or their respective staffs, and any member of the city's
professional staff including, but not limited to the city manager and his or her
staff, and (b) any oral communication regarding a particular RFP, RFQ, RFLI, or
bid between the mayor, city commissioners or their respective staffs and any
member ofthe city's professional staff including, but not limited to, the city
manager and his or her staff. Notwithstanding the foregoing, the cone of silence
shall not apply to communications with the city attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall
be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of the imposition of
the cone of silence, the city manager or his or her designee shall provide for the
public notice of the cone of silence. The cone of silence shall terminate a) at the
time the city manager makes his or her written recommendation as to the selection
of a particular RFP, RFQ, RFLI, or bid to the city commission; provided,
however, that if the city commission refers the manager's recommendation back to
the city manager or staff for further review, the cone of silence shall be reimposed
until such time as the manager makes a subsequent written recommendation, or b)
or in the event of contracts for Jess than $10,000.00, when the city manager
executes the contract.
(3) Nothing contained herein shall prohibit any bidder or proposer: (I) from making
public presentations at duly noticed pre-bid conferences or before duly noticed
evaluation committee meetings; (ii) from engaging in contract discussions during
any duly noticed public meeting; (iii) from engaging in contract negotiations with
city stafffollowing the award of an RFP, RFQ, RFLI, or bid for audit by the city
commission; or (iv) from communicating in writing with any city employee or
official for purposes of seeking clarification or additional information from the
city or responding to the city's request for clarification or additional information,
subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents.
The bidder or proposer shall file a copy of any written communication with the
city clerk. The city clerk shall make copies available to the general public upon
request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other
person or entity from publicly addressing the city commissioners during any duly
noticed public meeting regarding action on any audit contract. The city manager
shall include in any public solicitation for auditing services a statement disclosing
the requirements ofthis division.
(Q Violations/penalties and procedures. An alleged violation of this section by a particular
bidder or proposer shall subject said bidder or proposer to the same procedures set forth
in section 2-457, shall render any RFP award, RFQ award, RFLl award, or bid award to
said bidder or proposer void, and said bidder or proposer shall not be considered for any
RFP, RFQ, RFLl or bid for a contract for the provision of goods or services for a period
of one year. Any person who violates a provision of this division shall be prohibited from
serving on a city evaluation committee. In addition to any other penalty provided by law,
violation of any provision of this division by a city employee shall subject said employee
RFQ 1] 7-99/00
September 14,2000
35
to disciplinary action up to and including dismissal. Additionally, any person who has
personal knowledge of a violation ofthis division shall report such violation to the state
attorney and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, 9 1, 1-6-99)
RFQ 117-99/00
September 14,2000
36
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED
"PROCUREMENT", BY CREATING DIVISION 5, ENTITLED "DEBARMENT",
SECTIONS 2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK;
PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI,
entitled "Procurement", is hereby amended by adding the following Division 5,
entitled - "Debarment of Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397 Purpose of debarment.
(a) The City shall solicit offers from. award contracts to. and consent to subcontractors with
responsible contractors onlv: To effectuate this police. the debarment of contractors from City
work may be undertaken.
(b) The serious nature of debarment reQuires that this sanction be imposed only when it is in
the public interest for the City's protection. and not for purposes of punishment. Debarment
shall be imposed in accordance with the procedures contained in this ordinance.
Section 2-398 Definitions.
(aiAf!iliates. Business concerns. organizations. lobbyists or other individuals are affiliates of
each other if. directlv or indirectlv. (I) either one controls or has the power to control the other.
or (m a third part controls or has the power to control both. Indicia of control include. but are
not limited to. a fiduciary relation which results from the manifestation of consent by one
individual to another that the other shall act on his behalf and subiect to his control. and
consent bv the other so to act; interlocking management or ownership; identitv of interests
among familv members: shared facilities and equipment: common use of emplovees: or a
business entity organized bv a debarred entity. individual. or affiliate following debarment of a
contractor that has the same or similar management. ownership. or principal emplovees as the
contractor that was debarred or suspended.
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(hi Civil iudf!ment means a iudgment or finding of a civil offense bv anv court of
competent jurisdiction.
~ Contractor means any individual or other legal entitv that:
(1) Directly or indirectlv (e.g. through an affiliate). submits
offers for is awarded.. or reasonablv may be expected to submit offers or be awarded a
Citv contract. including. but not limited to vendors. suppliers. providers. bidders.
proposers. consultants. and/or design professionals. or
(2) Conducts business or reasonable man be expected to conduct business. with the City
as an agent.. representative or subcontractor of another contractor.
(d) Conviction means a iudgement or conviction of a crimina] offense. be it a felony or
misdemeanor. by any court of competent iurisdiction. whether entered upon a verdict or
a plea. and includes a conviction entered upon a plea of nolo contendere
(ei Debarment means action taken bv the Debarment Committee to exclude a contractor
(and. in limited instances specified in this ordinance. a bidder or proposer from City
contracting and City approved subcontracting for a reasonable. specified period as
provided in subsection (j) below: a contractor so excluded is debarred.
(j) Debarment Committee means a group of seven (7) individual members. each
appointed bv the Mayor and individual Citv Commissioners. to evaluate and. if
warranted. to impose debarment.
(g) ,'1 eyvflder ,Wee Greater weight of the evidence means proof bv information that.
compared with that opposinf! it . leads to the conclusion that the fact at issue is more
probably true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing
bv competent authority charging a criminal offense shall be given the same effect as an
indictment.
(I) Legal proceedinf! means anv civil iudicial proceeding to which the City is a party or
anv criminal proceeding. The term includes appeals from such proceedings.
(j) List of debarred contractors means a list compiled. maintained and distributed bv the
City's Procurement Office. containing the names of contractors debarred under the
procedures of this ordinance.
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Section 2-399 List Of debarred contractors.
(a) The City's Procurement Office. is the aJ!encv charged with the imvlementation of this
ordinance shall:
(]) Compile and maintain a current. consolidated list (Listi of all contractors debarred bv
City devartments. Such List shall be vublic record and shall be available for vublic
insvection and dissemination:
(2i Periodically revise and distribute the List and issue suvvlements, if necessary. to all
devartments. to the Office of the City Manaf!er and to the Mavor and City Commissioners:
and
(3i Included in the List shall be the name and televhone number of the City official
resvonsible for its maintenance and distribution.
(hi The List shall indicate:
(]) The names and addresses of all contractors debarred. in alvhabetical order:
(2) The name of the devartment that recommends initiation of the debarment action:
(3) The cause for the debarment action. as is further described herein. or other statutory or
refJUlatorv authority:
(4i The effect of the debarment action:
(5) The termination date for each listing;
(6) The contractor's certificate of competence or license number. when avplicable:
(7) The verson throuf!h whom the contractor is Qualified when apvlicable:
(8i The name and televhone number of the point of contact in the devartment recommendinJ!
the debarment action.
~ The City's Procurement Office shall:
(] i In accordance with internal retention procedures. maintain records relating to each
debarment:
(2) Establish vrocedures to vrovide for the effective use of the List. including internal
distribution thereof. to ensure that devartments do not solicit offers from. award contracts to,
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or consent to subcontracts with contractors on the List: and
(3 i Respond to inquiries concern in?: listed. contractors and coordinate such responses with
the department that recommended the action.
Section 2-400 Effect of debarment.
(ai Debarred contractors are excluded from receivinlJ contracts. and departments shall not
solicit offers from. award contracts to. or consent to subcontracts with these contractors.
unless the City Manager determines that an emerl!encv exists iustifYinl! such action. and
obtains approval from the Mavor and City Commission. which approval shall be I!iven bv
5/7ths vote of the Citv Commission at a re?:ularlv scheduled City Commission meetim?
Debarred contractors are also excluded from conductinl! business with the City as al!ents.
representatives subcontractors or partners of other contractors.
(hi Debarred contractors are excluded from actinfJ as individual sureties.
Section 2-401 Continuation of current contracts.
(a) Commencinf! on the effective date of this ordinance. all proposed City contracts. as well
as ReQuest for Proposals (RFPi. ReQuest for Qualifications (RFOi. ReQuests for Letters of
Interest (RFLI). or bids issued be the City. shall incorporate this ordinance and specifY that
debarment mav constitute f!rounds for termination of the contract as well as diSQualification
from consideration on anv RFP, RFO. RFLI. or bid.
(hi The debarment shall take effect in accordance with the notice provided bv the City
Manal!er pursuant to subsection 2-405(hi below. except that if a City department has
contracts or subcontracts in existence at the time the contractor was debarred. the debarment
period mav commence upon the conclusion of the contract. subject to approval of same be
5/7ths vote of the Mavor and City Commission at a rel!ularlv scheduled meetinf!.
(Q City departments mav not renew or otherwise extend the duration of current contracts. or
consent to subcontracts with debarred contractors. unless the City ManalJer determines that
an emerl!encv exists iustifYinl! the renewal or extension or for an approved extension due to
delav or time extension for reasons bevond the contractor's control. and such action is
approved bv 5/7ths vote of the Mavor and City Commission at a rel!ularlv scheduled. meetinf!.
(di No further work shall be awarded to a debarred contractor in connection with a
continuinl! contract. where the work is divided into separate discrete I!roups and the City's
refusal or denial oflurther work under the contract will not result in a breach of such
contract.
Section 2-402 Restrictions on subcontractinf!.
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(ai When a debarred contractor is vrovosed as a subcontractor for any subcontract subiect to
City avvroval. the devartment shall not consent to subcontracts with such contractors unless
the City Mana?er determines that an emeri!encv exists iustifYini! such consent. and the Mavor
and City Commission apvroves such decision. by 5/7ths vote. at a rei!ularly scheduled
meetini!.
(h) The City shall not be resvonsible for any increases in vroiect costs or other exvenses
incurred bv a contractor as a result of reiection of proposed subcontractors vursuant to
subsection 2-402(a) above. vrovided the subcontractor was debarred prior to bid ovening or
ovenini! ofvrovosals. where the contract was awarded be the City pursuant to an RFP. RFo.
RFLI. or bid.
Section 2-403 Debarment.
(a) The Debarment Committee may. in the vublic interest. debar a contractor for any of the
causes listed in this ordinance. usin!? the vrocedures outlined below. The existence of a cause
for debarment. however. does not necessarily require that the contractor be debarred: the
seriousness of the contractor's acts or omissions and any mitii!atini! factors should be
considered in makinfJ any debarment decision.
(hi Debarment constitutes debarment of all officers. directors. shareholders ownin!? or
controllini! twenty-five (25i vercent of the stock. vartners. divisions or other ori!anizational
elements of the debarred contractor. unless the debarred decision is limited bv its terms to
svecific divisions. ori!anizational elements or commodities. The Debarment Committee's
decision includes any existini! affiliates of the contractor. if they are (I) specifically named
and (Ii! !?iven written notice of the vroposed debarment and an ovportunity to resvond. F utw 0
a(fH;a~~j ofrhe COlli, u"o, at e "ttb,'t;(,,' ~'u the Df:."hUf "if:.Hi Cvmm;ttet:;'..) dec;,.)~'ull.
(Q contractor's debarment shall be effective throu?hout City Government.
Section 2-404 Causes for debarment
(ai The Debarment Committee shall debar a contractor for a conviction or civil iudi!ment.
(1 i For commission of a fraud or a criminal offense in connection with obtaininfJ. attemvtini!
to obtain. verformini!. or makini! a claim uvon a vublic contract or subcontract. or a contract
or subcontract funded in whole or in part with vublic funds:
(2) For violation oUederal or State antitrust statutes relatini! to the submission of offers:
(3) For commission of embezzlement, thefi. fori!erv. bribery. falsification or destruction of
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records, makinf! false statements. or receivinf! stolen vroverty:
(4i Which makes the City the vrevailinf! varty in a legalvroceedinf!. and a court determines
that the lawsuit between the contractor and the City was frivolous or filed in bad faith.
(h) The Committee may debar a contractor. (and. limited instances set forth hereinbelow. a
bidder or vrovoser) based upon a (), evo"de, u"~e the f!reater weif!ht of the evidence. for:
(1 i Violation of the terms of a City contract or subcontract. or a contract or subcontract
funded in whole or in vart by City funds. such as failure to verform in accordance with the
terms of one (1) or more contracts as certified by the City devartment administerinf! the
contract: or the failure to verform. or unsatisfactorily verform in accordance with the terms of
one (1 i or more contracts. as certified bv an indevendent ref!istered architect. enf!ineer. or
general contractor.
(2i Violation of a City ordinance or administrative order which lists debarment as a votential
venalty.
(J) Auv otJ,e, l.-uli.3e rfiJ,;,.J, affect.) rI,e IC.lvo1'i.l,'b;Z;tv of u C;[v l."u"l,uciuI 01 JubL-Ollllc.cto, ii,
r . e' Ie
fie, IV1 mUH:.':' ,i v vt!O, ,
Section 2-405 Debarment procedures.
(ai Requests for the debarment of contractors may be initiated by a City Devartment or by a citizen-at
larf!e and shall be made in writinll to the Office of the City Manaf!er. Uvon receivt of a request for
debarment, the City Mana~er shall transmit the request to the Mavor and City Commission at a
rel!Ularlv scheduled meetinf!. The Mayor and City Commission shall transmit the rawest to a verson or
versons who shall be charf!ed bv the City Commission with the duty of vromvtly investif!ating and
vrevaring a written revort(si concerninf! the vrovosed debarment. includinf! the cause and f!rounds for
debarment. as set forth in this ordinance.
(b) Uvon comvletion of the aforestated written revort. the City Manaf!er shall forward said reoort to the
Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee
and.
with the assistance of the City .levu, tnle,ll person or versons which prevared the revort. vresent
evidence
and arf!ument to the Debarment Committee
(Q Notice of vrovosal to debar. Within ten working days of the Debarment Committee havinf! received
the reauest for debarment and written revort. the City's Procurement Office. on behalf of the
Debarment
Committee shall issue a notice of vrovosed debarment advisinf! the contractor and any svecifically
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named
affiliates. by certified mail. return receipt reQuested. or personal service. containinJ! the followinJ!
information:
(1) That debarment is beinfl considered:
(2i The reasons and causes for the vrovosed debarment in terms sufficient to vut the contractor and any
named affiliates on notice of the conduct or transaction(s) upon which it is based:
(3) That a hearinfl shall be conducted before the Debarment Committee on a date and time not less than
thirtv (30 i days after service of the notice. The notice shall also advise the contractor that it may be
revresented by an attorney. may vresent documentary evidence and verbal testimony, and may cross-
examine evidence and testimony vresented aflainst it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed debarment. and of
the votential effect of an actual debarment.
rd) No later than seven (7) workinfl days. vrior to the scheduled hearinr: date.
the contractor must furnish the Citv's Procurement Office a list of the defenses the
contractor intends to vresent at the hearin~. If the contractor fails to submit the list.
in writinJ!, at least seven (7) workinJ! days prior to the hearinJ! or fails to seek an
extension of time within which to do so. the contractor shall have waived the ovportunitv
to be heard at the hearinJ!. The Debarment Committee has the riflht to flrant or denv
an extension of time. and for flood cause. may set aside the waiver to be heard at the
hearing. and its decision may onlv be reviewed uvon an abuse of discretion standard.
(e) Hearsav evidence shall be admissible at the hearinfl but shall not form the
sole basis for initiating a debarment vrocedure nor the sole basis of anv
determination of debarment. The hearing shall be transcribed. taped or
otherwise recorded bv use of a court revorter. at the election Committee
and at the expense of the Citv. Copies of the hearing tape or transcript
shall be furnished at the expense and request of the reQUestinfl partv.
(j) Debarment Committee's decision. In actions based upon a conviction or
iudgment. or in which there is no genuine dispute over material facts. the
Debarment Committee shall make a decision on the basis of all the
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undisvuted. material information in the administrative record. including
any undisvuted, material submissions made by the contractor. Where
actions are based on disvuted evidence. the Debarment Committee shall
decide what weii!ht to attach to evidence of record. iudge the credibility
of witnesses. and base its decision on the v' ej)v"de,lwl~e greater weight
of the evidence standard. The Debarment Committee shall be the sole
trier off act. The Committee's decision shall be made within ten (l0)
workini! davs after conclusion of the hearing. unless the Debarment
Committee extends this period for i!ood cause.
(J!) The Committee's decision shall be in writini! and shall include the
Committee's factual findin'oJs. the vrincipal causes of debarment as
enumerated in this ordinance. identification of the contractor and all
named affiliate: affected by the decision, and the svecific tern. includini!
duration. of the debarment imvosed.
(hi Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment. the City Manai!er
shall i!ive the contractor and any named affiliates involved written notice
by certified mail. return receivt requested. or hand delivery. within ten
(lOi workin~ davs of the decision. specifi;inJ! the reasons for debarment
and includinJ! a COVy of the Committee's written decision; statinJ! the
period of debarment. includinJ!. effective dates; and advisinJ! that the
debarment is effective throui!hout the City devartments.
(2) If debarment is not imposed,the City Manai!er shall notifV the contractor and any named
affiliates illvO:vcd .by certified mail. return receipt requested. or versonal service.
within ten (JOi working davs of the decision.
(l) All decisions of the Debarment Committee shall be final and shall be effective on the date
the notice is sii!ned by the City Manai!er. Decisions of the Debarment Committee are
subiect to review by the Avpellate Division of the Circuit Court. A debarred
contractor may seek a stay of the debarment decision in accordance with the Florida
Rules of Appellate Procedure.
Section 2-406 Period of debarment.
(ai The period of debarment imposed shall be within the sole discretion of the Debarment
Committee. Debarment shall be for a period commensurate with the seriousness of the
causers), and where applicable. within the guidelines set forth below. but in no event
shall exceed five (5i years.
(hi The followinf! guidelines in the period of debarment shall apply except where mitif!atinf!
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or av.gravatimz circumstances iustify deviation:
(]) For commission of an offense as described in subsection 2404(a)(]): five (5) wars
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) vears.
(3i For commission of an offense as described in subsection 2404(a){3}:five (5) years.
(4i For commission of an offense as described in subsection 2404(a)(54i: two (2) to five (5i
years.
(5i For commission of an offense as described in subsections 2404(b)(J) or (2i: two (2) to five
(5) vears.
<<;) The Debarment Committee may. in its sole discretion. reduce the period of debarment.
upon the contractor's written request. for reasons such as:
(]) Newly discovered material evidence:
(2) Reversal of the conviction or civil jud~ment upon which the debarment was based:
(3i Bona fide chanJle in ownership or manaJlement:
(4}Elimination of other causes for which the debarment was imposed: or
(5i Other reasons the Debarment Committee deems appropriate.
(di The debw IIIe1l/debarred contractor's written request shall contain the reasons for
requesting a reduction in the debarment period. The City's Procurement Office. with the
assistance of the affected department shall have thirty (30) davs from receiJJt of such request to
submit written response thereto. Tho Je~iJiotl uf ti,e Dobul ,11011/ COfll,lIi/ree I e~Uf dilll!. a
J eqUt;.5t ,haute. "'-Hd~" 0,;,) .5ubJea;OH "J fih""l ClHd ,Wh-L4{)vealable.
SECTION2. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made apart of the
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Code ofthe City of Miami Beach, Florida. The sections of this ordinance may be renumbered
relettered to accomplish such intention, and the word "ordinance" may be changed to
"section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 3rd day of March,2000.
PASSED and ADOPTED this 23rd day ofFebruarv.2000.
ILJA Ik-(F:\AITOA GURI- DERARMNi- OltDI
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