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24370
AGREEMENT INFORMATION AGREEMENT NUMBER 24370 NAME/TYPE OF AGREEMENT JAMES B. PIRTLE CONSTRUCTION COMPANY, INC. DESCRIPTION CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT/WEST END PARK - D4/MATTER ID: 23-475 EFFECTIVE DATE April 19, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/19/2023 DATE RECEIVED FROM ISSUING DEPT. 4/19/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement Dept DEPT. CONTACT PERSON: Fernando Ponassi/Luis Caseres EXT. 1895 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Pirtle Construction Company. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $74.500.00 FUNDING INVOLVED? ❑■ YES ❑ NO TYPE OF AGREEMENT: ❑■ MANAGEMENT AGREEMENT ❑■ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ YES ■❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) RFP 21-22-001-R - Services Agreement between the COM and Pirtle Construction Company for Construction Management at Risk (CMAR) Services for West End Park - D4 COMMISSION APPROVAL DATE: N/A FILE ID:N/A ENACTMENT NO.:N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: The City Manager is authorized to execute this agreement under City of Miami Code, Section 18-117, "Economic Stimulus Awards and Agreements." ROUTING INFORMATION Date Signature/Print APPROVALL BY DEPARTMENTAL DIRECTOR COI neede yet another revision. OK to proceed April 5, 2023 now. �`nJ ef rt EDP ,—DocuSigned by: �-n . ,� SUBMITTED TO RISK MANAGEMENT April 5, 2023 �FF� ocu gBM by e--. IA��-J��ri�7S e� XYll giAW.Gib SUBMITTED TO CITY ATTORNEY Matter ID# 23-475 TM F 23-475 April 12, 2023I VCt la e 2�.1��e new by: TC�DocuSigned : a-v APPROVAL BY BUDGET OFFICE 40-B183505A/2873 LEM 4/13/2023 April 13, 2023 M r elif:9��irb ED "-F1 EF9OAF6FE0457... DocuSigned by: APPROVAL BY ASSISTANT CITY MANAGER April 17, 2023�. a ri ED 5F g Docu$S igned by95... �j41641—*V1- APPROVAL BY DEPUTY CITY MANAGER Apri 1 17, 2023 Nzeribe Ihekwaba I 11:22 : 39 ED -C9D2602B97E54D4... DocuSigned by: 05tiilkt, (ttAwaloa 9-4a6APE40453... RECEIVED BY CITY MANAGER April 18, 2023 Artlh r rbe/g EDT DocuSigned by: a._'I .._ `-NOvitlt GF€CC'372DU42A... -8& SUBMITTED TO AND ATTESTED BY CITY CLERK April 19, 2023 To11:imngbnEDT—DocuSigned by: 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT E46D7560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 23093 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGEMENT SERVICES AGREEMENT OVERVIEW 1. PSA TITLE: Services Agreement between the City of Miami and Pirtle Construction Company for Construction Management at Risk (CMAR) Services for West End Park, RFP No. 21-22- 001-R 2. AWARD DELEGATED AUTHORITY: ® City Manager - Authority under City of Miami Code Section 18-117 ❑ City Commission ❑ Emergency Declaration under FS § 287.055 3. WHAT IS THE SCOPE OF SERVICES? The CMAR firm agrees to provide complete Construction Manager at Risk services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances, as well as the executed Construction Manager at Risk Work Order Proposal. The CMAR firm shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. Required services to be provided by the CMAR firm may include, but are not limited to, Pre -Construction Services and Construction Management/Construction Services. 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Parks & Recreation, and Office of Capital Improvements (OCI) 5. IS THE AWARDEE THE INCUMBENT? N/A 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? Upon completion of services required from the CMAR firm, and submission of the close out payment requisition. 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? CMAR firm selected under Florida Statutes, Sections 255.103, "Construction Management or Program Management Entities," and 287.055, "Consultants' Competitive Negotiation Act." DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE PIRTCON-02 TBUTLER ACC)12b IN-, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Acrisure, LLC d/b/a InSource 9500 South Dadeland Boulevard 4th Floor Miami, FL 33156-2867 CONTACT NAME: PHONE FAX (A/c, No, Ext): (305) 670-6111 (A/C, No): (305) 670-9699 E-MAILDRss: email@insource-inc.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Fire Insurance Company of Hartford 20478 INSURED James B. Pirtle Construction Company Inc. dba Pirtle Construction Company 500 W Cypress Creek Rd Suite 100 Fort Lauderdale, FL 33309 INSURER B : Continental Insurance Company 35289 INSURER C : Valley Forge Insurance Co. 20508 INSURER D : Columbia Casualty Company 31127 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 5091001123 Approved by Frank Gomez 1/1/2023 04/04/2023 1/1/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 700,000 $ MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY X 5091001106 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 7018140576 1/1/2023 1/1/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N NIA 5091001137 1/1/2023 1/1/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Professional Liab CPB2088345903 4/1/2023 4/1/2024 Each Claim 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: West End Park —Agreement Number 21-22-001-R City of Miami is included as Additional Insured with respects to General Liability and Auto Liability, on a primary and non-contributory basis, when required by written contract. Waiver of Subrogation in favor of City of Miami with respects to General Liability, when required by written contract. Umbrella follows form 30 day Notice of Cancellation/10 days non-payment of premium in favor of certificate holder on the General liability and Auto liability policies. CERTIFICATE HOLDER CANCELLATION Cityof Miami 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE From: Gomez Jr., Francisco (Frank) To: Caseres, Luis; Quevedo, Terry Subject: RE: COI -Pirtle Construction Company Date: Tuesday, April 4, 2023 6:54:13 PM Attachments: imaoe003.onq image005.pnq Hello Luis, The COI is adequate. Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-176o Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" From: Caseres, Luis <Lcaseres@miamigov.com> Sent: Tuesday, April 4, 2023 4:14 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQu eve d o@ m i a m i gov. co m> Subject: RE: COI -Pirtle Construction Company Good afternoon, Attached is revised COI. Please review and approve. DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Best regards, L wi4r Cot4ere'- Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 lLcaseres@miamigov.com "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. "Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. From: Gomez Jr., Francisco (Frank) <FGomezl@miamigov.com> Sent: Tuesday, April 4, 2023 2:43 PM To: Caseres, Luis <LcaseresPmiamigov.com>; Quevedo, Terry <TQuevedoOmiamigov.com> Subject: RE: COI -Pirtle Construction Company Good morning Luis, Please ament the professional policy to reflect retroactive coverage date as may be applicable. DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CITY OF MIAMI DEPARTMENT OF PROCUREMENT CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES AGREEMENT Service Category Construction Manager at Risk Services Contract Type Services Agreement CMAR James B. Pirtle Construction Company, Inc. dba Pirtle Construction Company TABLE OF CONTENTS ARTICLE 1 DEFINITIONS 5 ARTICLE 2 GENERAL CONDITIONS 7 2.01 TERM 7 2.02 SCOPE OF SERVICES 7 2.03 SMALL QI ICINESS ENTERPRISE ("SBE+1 QA RTIC IP ATIONI REQ IIREMENITS NOT APPLICABLE 7 2.04 COMPENSATION 8 ARTICLE 3 PERFORMANCE 8 3.01 PERFORMANCE AND DELEGATION 8 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL 8 3.03 CMAR FIRM'S KEY STAFF 8 3.04 TIME FOR PERFORMANCE 9 3.05 STANDARD OF CARE 9 ARTICLE 4 SUBCONSULTANTS 9 4.01 GENERAL 9 4.02 SUBCONSULTANT RELATIONSHIPS 9 4.03 CHANGES TO SUBCONSULTANTS 9 ARTICLE 5 DEFAULT 9 5.01 GENERAL 9 5.02 CONDITIONS OF DEFAULT 10 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE 10 ARTICLE 6 TERMINATION OF AGREEMENT 10 6.01 CITY'S RIGHT TO TERMINATE 10 6.02 CMAR FIRM'S RIGHT TO TERMINATE 10 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT 10 ARTICLE 7 DOCUMENTS AND RECORDS 11 7.01 OWNERSHIP OF DOCUMENTS 11 7.02 DELIVERY UPON REQUEST OR CANCELLATION 11 7.03 RE -USE BY CITY 11 7.04 NON -DISCLOSURE 11 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS 11 7.06 E-VERIFY _ 12 ARTICLE 8 INDEMNIFICATION 12 ARTICLE 9 INSURANCE 13 9.01 COMPANIES PROVIDING COVERAGE 13 9.02 VERIFICATION OF INSURANCE COVERAGE 13 9.03 FORMS OF COVERAGE 13 9.04 MODIFICATIONS TO COVERAGE 14 ARTICLE 10 MISCELLANEOUS 14 10.01 AUDIT RIGHTS; INSPECTION 14 10.02 ENTIRE AGREEMENT 14 10.03 SUCCESSORS AND ASSIGNS 14 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE 14 10.05 APPLICABLE LAW AND VENUE OF LITIGATION 15 10.06 NOTICES 15 10.07 INTERPRETATION 16 10.08 JOINT PREPARATION 16 10.09 PRIORITY OF PROVISIONS 16 10.10 MEDIATION - WAIVER OF JURY TRIAL 16 10.11 TIME 16 10.12 COMPLIANCE WITH LAWS 16 10.13 NO PARTNERSHIP 1 7/`/(;) DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 10.14 DISCRETION OF DIRECTOR 17 10.15 RESOLUTION OF CONTRACT DISPUTES 17 10.16 INDEPENDENT CONTRACTOR 17 10.17 CONTINGENCY CLAUSE 18 10.18 THIRD PARTY BENEFICIARY 18 10.19 ADDITIONAL TERMS AND CONDITIONS 18 10.20 SEVERABILITY 18 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES 18 ARTICLE 11 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS 18 11.01 EQUITABLE ADJUSTMENT 18 11.02 NON -APPROPRIATION OF FUNDS 18 11.03 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 18 11.04 DAVIS-BACON ACT 19 11.05 COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT -40 U.S.C. 3701-3708 .. 19 11.06 COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT - 40 U.S.C. 3701-3708 19 11.07 PARTS AT PASS -THROUGH COST (FOR REPAIRS OUTSIDE THE SCOPE OF WORK) 20 11.08 NOTIFICATION TO PERFORM WORK 20 11.09 BACKGROUND CHECKS 20 11.10 EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60 20 11.11 CLEAN AIR ACT 21 11.12 FEDERAL WATER POLLUTION CONTROL ACT 21 11.13 NO OBLIGATION BY FEDERAL GOVERNMENT 21 11.14 PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS 21 11.15 BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.G. § 1352 (AS AMENDED) 21 11.16 PROCUREMENT OF RECOVERED MATERIALS . 21 11.17 DHS, SEAL, LOGO, AND FLAGS 22 11.18 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS 22 11.19 ACCESS TO RECORDS 22 11.20 SUSPENSION AND DEBARMENT 22 11.21 UNITED STATES HOUSING AND URBAN DEVELOPMENT; CDBG-MIT 22 11.22 SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 23 11.23 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 23 ATTACHMENT A - SCOPE OF WORK 27 ARTICLE Al GENERAL 27 A1.01 SCOPE OF SERVICES 27 A1.02 WORK ORDERS 28 A1.03 PAYMENTS 28 ARTICLE A2 PROJECT BACKGROUND AND LOCATION 29 ARTICLE A3 ADDITIONAL SERVICES 30 A3.01 GENERAL 30 ARTICLE A4 REIMBURSABLE EXPENSES 30 A4.01 GENERAL 30 A4.02 SUBCONSULTANT REIMBURSEMENTS 30 ARTICLE A5 CITY'S RESPONSIBILITIES 30 A5.01 PROJECT AND SITE INFORMATION 30 A5.02 CONSTRUCTION MANAGEMENT 30 SCHEDULE Al - SUBCONSULTANTS/SUBCONTRACTORS 31 SCHEDULE A2 - KEY STAFF 31 ARTICLE B1 METHOD OF COMPENSATION 32 B1.01 COMPENSATION LIMITS 32 B1.02 CMAR FIRM NOT TO EXCEED 32 ARTICLE B2 WAGE RATES 32 B2.01 FEE BASIS 32 B2.02 EMPLOYEES AND JOB CLASSIFICATIONS ... 32 B2.03 CALCULATION 32 B2.04 EMPLOYEE BENEFITS AND OVERHEAD 32 B2.05 ESCALATION 32 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION 33 63.01 LUMP SUM .. 33 B3.02 HOURLY RATE FEES 33 B3.03 REIMBURSABLE EXPENSES 33 B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES 33 B3.05 FEES FOR ADDITIONAL SERVICES 33 Construction Manager at Risk Services for 2 RFP No. 21-22-001MC West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT B3.07 PAYMENT RESULTING FROM PROJECT SUSPENSION 34 ARTICLE B4 PAYMENTS TO THE CMAR FIRM 34 B4.01 PAYMENTS GENERALLY 34 B4.02 FOR COMPREHENSIVE BASIC SERVICES 34 B4.03 BILLING - HOURLY RATE 34 84.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 34 B4.05 DEDUCTIONS 35 SCHEDULE 81 — WAGE RATES SUMMARY 36 SCHEDULE B2 — CMAR FIRM INVOICE 37 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK /7‘2 Construction Manager at Risk Services for 3 RFP No. 21-22-001-7 West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT CITY OF MIAMI DEPARTMENT OF PROCUREMENT CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES AGREEMENT Service Category Construction Manager at Risk Services Contract Type Services Agreement CMAR Firm James B. Pirtle Construction Company, Inc. dba Pirtle Construction Company CMAR Firm's Office Location 175 SW 7th Street, Miami, FL 33130 City Authorization Section 18-87, City of Miami Code Agreement Number 21-22-001-R THIS CONSTRUCTION MANAGER AT RISK ("CMAR") SERVICES AGREEMENT ("Agreement") made this 19 day of April in the year 2023 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "City," and James B. Pirtle Construction Company, Inc., hereinafter called the "CMAR firm." RECITAL A. The City issued Request for Proposals ("RFP") No. 21-22-001-R on July 15, 2022, for the provision of Construction Manager at Risk Services for West End Park ("Services") and the CMAR firm's proposal ("Proposal"), in response thereto, was deemed responsive and responsible, and selected as qualified for the provision of said Services. The RFP and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents ("Solicitation Documents"), and are, by this reference, expressly incorporated into and made a part of this Agreement as if set forth in full. The Solicitation Documents are deemed as being attached hereto and incorporated by reference herein as supplemental terms, providing, however, that in the event of any conflicts(s) or inconsistencies with the terms of this Agreement, this Agreement shall control and supersede any such conflicts(s). B. WHEREAS, the City, through action of the City Manager and/or the City Commission, as applicable, has selected the CMAR firm in accordance with Florida Statutes, Section 255.103, "Construction Management or Program Management Entities," and Section 287.055, "Consultants' Competitive Negotiation Act," (hereinafter referred to as "CCNA"), and the applicable provisions of the City Procurement Ordinance, including, without limitation, Code of the City of Miami, Section 18-87, to provide the services as described herein. WITNESSETH, that the City and the CMAR firm, for the considerations herein set forth, agree as follows: Construction Manager at Risk Services for 4 RFP No. 21-22-00171176-7 West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ARTICLE 1 DEFINITIONS 1.01 Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. 1.02 Architect/Engineer or AYE means the person or firm designated as the architect/engineer for the Project, or any portion thereof. Also referred to as the Consultant, this entity has entered into a separate agreement with the City for design services for the Project, said Agreement attached and incorporated as "Attachment C" hereto (also referred to as the NE Agreement). For purposes of this Agreement, the Architect/Engineer of record for the Project is Ferguson Glasgow Schuster Soto, Inc. 1.03 Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. 1.04 Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services, also referred to as Pre -Construction Services. 1.05 Basic Services means those services designated as such in a Work Order. 1.06 Bonds mean the Public Construction Payment Bond and the Public Construction Performance and Guarantee Bond furnished by the CMAR firm as it may be required by this Agreement, or any further amendment to it. 1.07 Budget means the amount established by the City for this Project. CMAR firm herein acknowledges that, prior to execution of this Agreement, it has received the City's written Budget for the Project. 1.08 City Commission means the legislative body of the City of Miami. 1.09 City Manager means the duly appointed chief administrative officer of the City of Miami. 1.10 City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks the Director as defined in Section 1.12. 1.11 City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management 1.12 Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. 1.13 Construction Manager at Risk (CMAR) means the CMAR firm selected by the City to provide CMAR services for this Project. Acceptance of a Guaranteed Maximum Price (GMP), requested at the sole discretion of the City, shall result in the CMAR firm functioning from that point forward as a General CMAR firm under the terms and conditions of the Contract Documents, as same may be amended, which will go into effect at the time of GMP acceptance by the City. 1.14 Construction Manager (CM)/Principal means the person designated by the CMAR firm as its senior representative to the City. The CM Principal shall perform those duties required in this Agreement and shall have the authority to commit and obligate the CMAR firm, and to fully act for the CMAR firm in all matters. 1.15 Department means or refers to the City of Miami's Office of Capital Improvements (OCI). 1.16 Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for purposes of this Agreement, the Director is the top administrator of the OCI or his/her authorized designee. 1.17 Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the CMAR firm to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. —71 Construction Manager at Risk Services for 5 RFP No. 21-22-001 F West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 1.18 Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which must be corrected in order for the project to function or be built as intended. 1.19 Federal Disaster Assistance means the collective multiple types of major disaster assistance in funding, personnel, equipment, facilities, goods, services, projects, grants, processes, coordination, resources, and other recovery assistance, and efforts created and authorized from time to time by the Federal Government. 1.20 Federal Government means the government of the United States of America. 1.21 Federal Requirements means collectively, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S. C. 5121 et seq., as amended ("Stafford Act"), and all other federal rules, procurement thresholds, compliance, audit and reporting procedures, regulations, and guidelines established for Federal Disaster Assistance from time to time. 1.22 Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a CMAR firm. 1.23 Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. 1.24 Notice to Proceed ("NTP) means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the CMAR firm may begin work on the Project. 1.25 Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the CMAR firm which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. 1.26 Pre -Construction Services mean the services which the CMAR firm shall perform in reviewing the design product provided by the Architect/Engineer of Record, and for the Bid and Award Phases of an eventual Construction Contract, which may culminate with the City exercising, at its sole discretion, the option or requesting the CMAR firm to provide a GMP for the Project. 1.27 Pre -Construction Services Fee shall mean the cost of time and materials for the services contemplated in this Agreement, not to exceed the amount of $74,500.00, for services performed by the CMAR firm during the Pre -Construction Services phase related to the Project, which fee includes all direct and indirect costs incurred by the CMAR firm in the proper performance of the Pre - Construction Services phase contemplated under this Agreement. 1.28 Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFQ, and in "Attachment A" of this Agreement. 1.29 Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. 1.30 Program means the City's multi -year Capital Improvements and Transportation Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. 1.31 Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. 1.32 Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. 1.33 Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. Construction Manager at Risk Services for 6 RFP No. 21-22-001- l ;7 West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 1.34 Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. 1.35 Schedule of Values means the detailed cost breakdown, including labor, materials, and taxes, of the GMP set forth in the applicable GMP Proposal, the sum of which shall not exceed the GMP. 1.36 Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. 1.37 Services Agreement (Agreement) means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between the Request for Proposal (RFP) and the CMAR firm's response thereto, the RFP shall control. In the event of any conflict between the CMAR firm's response to the RFP and this Agreement, this Agreement shall control. In the event of any conflict between this Agreement and its attachments, this Agreement shall control. 1.38 Small Business Enterprise ("SBE") formerly rcfcrrcd to as Community Businc,s Enterprise {"CBE"), means a firm that has been certified by Miami Dade County, who will provide architectural, landscape architectural, engineering, or surveying and mapping profc. cional services to the Consultant as required pursuant to City Code Section 18 87. 1.39 Specifications mean any and all written requirements for materials, equipment, construction systems, standards, and workmanship required for the Project, which are identified as the Specifications in the GMP Amendment, Contract Amendment(s), or Construction Change Directive(s) issued and executed in accordance with the Agreement. 1.40 Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, as well as a construction/trades company, who has entered into a written agreement with the CMAR firm to furnish specified professional or construction/trades services for the Project. 1.41 Wage Rates means the effective direct expense to the CMAR firm and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. 1.42 Work means al! services, materials and equipment provided by/or under this Agreement with the CMAR firm. 1.43 Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. 1.44 Work Order Proposal means a document prepared by the CMAR firm, at the request of the City for Services to be provided by the CMAR firm on a specific phase of a Project. ARTICLE 2 GENERAL CONDITIONS 2.01 TERM The term of this Agreement shall take effect upon the date written above upon its execution by the authorized officers and shall be effective until final completion of construction of the Project and Final Payment is made to the CMAR firm. 2.02 SCOPE OF SERVICES The CMAR firm agrees to provide the Services as specifically described and under the special terms and conditions set forth in Attachment A, "Scope of Work," hereto, which is incorporated into and made a part of this Agreement. 2.03 SMALL BUSINESS ENTERPRISE ("S19-E") PARTICWRATaON REQUIREMENTS NOT APPLICABLE Prospective Firms must (shall) adhere to the following requirements: 1) As..ign a minimum of fifteen percent (15%,) of the contract value to firms currently -certified by Miami Dodo County as a Small Business Enterprise ("SBE"), formerly rcfcrrcd to as Community Bucinc:r Enterprise ("CBE"), in good standing; Construction Manager at Risk Services for 7 RFP No. 21-22-001717(77 West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 2) Place a specific emphasis OR utilizing local small businc: ccs from within thc City's municipal boundaries. For information on thc SBE requirements, visit the Miami Dadc County, Internal Services Department wcbsitc at http://www.miamidade.qovismallbusinecertification srograms.aso. Failure to adhere to these requirements will cause thc firm to be disqualified as nonresponsive or at a subsequent timc cause the Agreement to be canceled. 2.04 COMPENSATION 2.04-1 Compensation Limits: The amount of compensation payable by the City to the CMAR firm shall generally be a lump sum, not -to -exceed fee, based on the rates and schedules established in Attachment B, "Compensation and Payments," attached hereto; provided, however, that in no event shall the amount of compensation exceed Seventy -Four Thousand Five Hundred Dollars ($74,500.00) in total over the term of the Agreement and any extension(s), unless explicitly approved by action of the City Commission or City Manager, as applicable, and put into effect by written amendment to this Agreement. The City may, in its sole and absolute discretion, use other compensation methodologies. The City shall not have any liability, nor will the CMAR firm have any recourse against the City for any compensation, payment, reimbursable expenditure, cost, or charge beyond the compensation limits of this Agreement, as it may be amended from time to time. This Agreement, as amended and/or renewed, is subject to the compensation limits set forth in 287.055, Florida Statutes, Consultant's Competitive Negotiation Act, and other limitations on compensation, as applicable. 2.04-2 Payments: Unless otherwise specifically provided in Attachment B, "Compensation and Payments," payment shall be made in accordance with Florida Statute Chapter 218, Part VII, Local Government Prompt Payment Act, after receipt of the CMAR firm's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to constitute a "Proper Invoice" as defined by Section 218.72 (8), Florida Statutes, and to allow a proper audit of expenditures, should the City require one to be performed. if the CMAR firm is entitled to reimbursement of travel expenses, then all bills authorized and approved for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. The CMAR firm shall utilize Attachment B, Schedule B2 - CMAR firm Invoice, for the submission of invoices. ARTICLE 3 PERFORMANCE 3.01 PERFORMANCE AND DELEGATION The Services to be performed hereunder shall be performed by the CMAR firm's own staff, unless otherwise provided in this Agreement, or approved, in writing by the City. Said approval shall not be construed as constituting an agreement between the City and said another person or firm. 3.02 REMOVAL OF UNSATISFACTORY PERSONNEL Director or their designee may make written requests to the CMAR firm for the prompt removal and replacement of any personnel employed or retained by the CMAR firm, or any Subconsultants, or any personnel of any such Subconsultants engaged by the CMAR firm to provide and perform Services or Work pursuant to the requirements of this Agreement. The CMAR firm shall respond to the City within fourteen (14) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. All decisions involving personnel will be made by the CMAR firm. Such request shall solely relate to the work of said employees under this Agreement. 3.03 CMAR FIRM'S KEY STAFF The parties acknowledge that the CMAR firm was selected by the City, in part, based on qualifications of particular staff identified in the CMAR firm's response to the City's solicitation, hereinafter referred to as "Key Staff." The CMAR firm shall ensure that Key Staff are available for Work upon request from the City, if said Key Staff is in the CMAR firm's employ. The CMAR firm will obtain prior written approval from the Director or their designee to change or add to Key Staff. The CMAR firm shall provide Director, or their designee with information required to determine the suitability of proposed new Key Staff. Director will act reasonably in evaluating Key Staff qualifications. Such approval shall not constitute any responsibility or liability for the individual's ability to perform. Construction Manager at Risk Services for 8 RFP No. 21-22-001-.I West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 3.04 TIME FOR PERFORMANCE The CMAR firm agrees to start all Work hereunder upon receipt of a Notice to Proceed ("NTP") issued by the Director or their designee and to complete each assignment, task or phase within the time stipulated in the NTP. Time is of the essence with respect to performance of Work under this Agreement. A reasonable extension of the time for completion of various assignments, tasks, or phases may be granted by the City should there be a delay on the part of the City in fulfilling its obligations under this Agreement as stated herein. Such extension of time shall not be cause for any claims by the CMAR firm for additional compensation or for any damages. 3.05 STANDARD OF CARE CMAR firm is solely responsible for the technical accuracy and quality of their Services. CMAR firm shall perform all Services in compliance with Florida Building Code and Project Documents, Administrative Code Chapter 61G1, Chapter 471 (Engineering), and Chapter 481 (Architecture, Interior Design, and Landscape Architecture) of the Florida Statutes, as amended, and all regulations promulgated applicable to these professions. CMAR firm shall perform due diligence, in accordance with best industry practices, in gathering information and inspecting a Project site prior to the commencement of construction. ARTICLE 4 SUBCONSULTANTS 4.01 GENERAL 4.01-1 A Subconsultant, as defined in Article 1.40, is a firm that was identified as part of the consulting team during the competitive selection process by which the CMAR firm was chosen to perform the Services under this Agreement, and as such, is identified and listed in Attachment A, "Schedule Al - Subconsultants" attached hereto and incorporated herein by reference, as applicable. 4.01.2 A Specialty Subconsultant is a person or organization that has, with the consent of the Director, entered into a written agreement with the CMAR firm to furnish unique and/or specialized professional services necessary for a project or task described under Additional Services. Such Specialty Subconsultant shall be in addition to those identified in Attachment A, "Schedule Al - Subconsultants," as applicable. 4.02 SUBCONSULTANT RELATIONSHIPS 4.02-1 All services provided by the Subconsultants shall be performed pursuant to appropriate written agreements between the CMAR firm and the Subconsultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. 4.02-2 Nothing contained in this Agreement shall create any contractual or business relationship between the City and the Subconsultants. The CMAR firm acknowledges that the Subconsultants are entirely under his direction, control, supervision, retention, and/or discharge. 4.03 CHANGES TO SUBCONSULTANTS The CMAR firm shall not add to, modify, or change the Subconsultants listed in Attachment A, "Schedule Al - Subconsultants" without prior written approval by the Director or designee, in response to a written request from the CMAR firm stating the reasons for any proposed change. ARTICLE 5 DEFAULT 5.01 GENERAL If the CMAR firm fails to comply with any term or condition of this Agreement or any other Agreement it has with the City, or fails to perform any of its obligations hereunder, then the CMAR firm shall be in Default. The CMAR firm shall be afforded thirty (30) days to rectify any deficiencies upon receipt of a written Notice to Cure Deficiencies issued by the City to the CMAR. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to the CMAR firm, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to the CMAR firm while the CMAR firm was in default shall be immediately returned to the City. The CMAR firm understands and agrees that termination of this Agreement under this section shall not release the CMAR firm from any obligation accruing prior to the effective date of termination. In the event of termination due to default, in addition to the foregoing, the CMAR firm shall be liable to the City for all expenses incurred by the City in preparing and negotiating this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. In the event of Default, the City may also suspend or withhold reimbursements to the CMAR firm until such time as the actions giving rise to default have been cured. .fir, or _ Construction Manager at Risk Services for 9 RFP No. 21-22-001-R�` ' ( 1 West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 5.02 CONDITIONS OF DEFAULT A finding of Default and subsequent termination for cause may include, without limitation, any one or more of the following: 5.02-1 The CMAR firm fails to comply, in a substantial or material sense, with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement or in any agreement it has with the City, beyond the specified period allowed to cure such Default. 5.02-2 The CMAR firm fails to commence the Services within the time provided or contemplated herein or fails to complete the Work in a timely manner as required by this Agreement. 5.03 TIME TO CURE DEFAULT; FORCE MAJEURE The City, through the Director or designee, shall provide written notice to the CMAR firm as to a finding of Default, and the CMAR firm shall take all necessary action to cure said Default within the time stipulated in said notice, after which time, the City may terminate the Agreement. The City, at its sole and absolute discretion, may allow additional days to perform any required cure if the CMAR firm provides written justification deemed sufficient. If the Default has not been corrected by the CMAR firm within the time specified, the Agreement may be automatically terminated on the last day of the time stipulated in said notice, without the necessity of any further action by the City. Should any such failure on the part of the CMAR firm be due to a condition of Force Majeure as that term is interpreted under Florida law, then the City may allow an extension of time reasonably commensurate with the cause of such failure to perform or cure. ARTICLE 6 TERMINATION OF AGREEMENT 6.01 CITY'S RIGHT TO TERMINATE The City (including specifically the City Manager or the Director acting administratively), has the right to terminate this Agreement for any reason or no reason, upon fourteen (14) day's written notice. Upon termination of this Agreement, all work on the project shall cease and permit documents, shop drawings, submittals and other data andlor documents, including all electronic (digital) copies related to Work authorized under this Agreement, whether finished or not, must be turned over to the Director or the Director's designee. The CMAR firm shall be paid in accordance with provisions of Attachment B, provided that said documentation is turned over to the Director or the Director's designee within ten (10) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by the CMAR firm until all documentation is delivered to the Director or designee. Active permits shall be transferred out of CMAR name and the City shall not impede this release of permit responsibility. CMAR shall be paid for all completed work in place. Consequential damages shall not apply to either party. 6.01-1 The CMAR firm shall have no recourse or remedy from any termination made by the City except to receive payment for work in place, associated General Conditions costs, and allowable costs or reimbursable expenses, earned as compensation for the Services that were performed in complete compliance with the Agreement, as full and final settlement of any claim, action, demand, cost, charge, or entitlement it may have, or will, have against the City, its officials or employees. The CMAR firm has voluntarily acknowledged the applicability of this Section by submitting a response to this solicitation. 6.02 CMAR FIRM'S RIGHT TO TERMINATE The CMAR firm shall have the right to terminate this Agreement, in writing, for cause following breach by the City, if breach of contract has not been corrected within sixty (60) calendar days from the date of the City's receipt of a written statement from the CMAR firm specifying the City's breach of its duties under this Agreement. CMAR firm shall give the City prior written notice in the manner provided herein specifying the City's breach and afford the City sixty (60) calendar days to cure. 6.03 TERMINATION DUE TO UNDISCLOSED LOBBYIST OR AGENT The CMAR firm warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CMAR firm to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CMAR firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, at its discretion, to recover from the CMAR firm the full amount of any and all fees, commissions, percentages, gifts, or other consideration paid to undisclosed lobbyists or agents. Construction Manager at Risk Services for 10 RFP No. 21-22-001-R/" West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT ARTICLE 7 DOCUMENTS AND RECORDS 7.01 OWNERSHIP OF DOCUMENTS As applicable, all tracings, plans, drawings, specifications, maps, computer files, and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, including all electronic digital copies, will be considered works made for hire and will, based on incremental transfer wherein the above shall become the property of the City upon payments made to the CMAR firm or termination of this Agreement without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. The CMAR firm shall not copyright any material and products or patent any invention developed under this Agreement. The City shall have the right to visit Project sites for inspection of the work and the products of the CMAR firm at any time. The CMAR firm shall be permitted to retain copies, including reproducible copies, solely for information and reference in connection with the City's use and occupancy of the Project. 7.02 DELIVERY UPON REQUEST OR CANCELLATION As applicable, failure by the CMAR firm to promptly deliver all such documents, both hard copy and digital, to the Director or designee within ten (10) business days of cancellation, or within ten (10) business days of request by the City, shall be just cause for the City to withhold payment of any fees due the CMAR firm until the CMAR firm delivers all such documents. The CMAR firm shall have no recourse from these requirements. 7.03 RE -USE BY CITY As applicable, it is understood that all CMAR firm Agreements and/or Work Orders for new work will include the provision for the re -use of surveys, maps, plans, specifications, and other CMAR firm work products, at the City's sole option, and, by virtue of signing this Agreement, the CMAR firm agrees to such re -use in accordance with this provision without the necessity of further approvals, compensation, fees, or documents being required and without recourse for such re -use. The CMAR firm will not be liable for re -use by the City of plans, documents, studies, or other data for any purpose other than that intended by the terms and conditions of this Agreement. 7.04 NON -DISCLOSURE To the extent allowed by law, the CMAR firm agrees not to divulge, furnish, or make available to any third person, firm or organization, without Director's or their designee's prior written consent, or unless incident to the proper performance of the CMAR firm's obligations hereunder, or in the course of judicial or legislative proceedings, or otherwise required by law, where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by the CMAR firm hereunder, and the CMAR firm shall require all of its employees, agents, and Subconsultants to comply with the provisions of this paragraph. 7.05 MAINTENANCE OF RECORDS; PUBLIC RECORDS The CMAR firm shall keep adequate records and supporting documentation, which concern or reflect its Services hereunder. Records subject to the provisions of the Public Records Law, Florida Statutes Chapter 119, as amended, shall be kept in accordance with the applicable statutes. Otherwise, the records and documentation shall be retained by the CMAR firm for a minimum of three (3) years from the date of termination of this Agreement or the date the Project is completed, whichever is later. The City, or any duly authorized agents or representatives of the City, shall have the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the three (3) year period noted above, provided, however, such activity shall be conducted only during normal business hours. CMAR firm shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) Keep and maintain public records required by the City to perform the service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CMAR firm does not transfer the records to the City; (4) upon completion of the contract, transfer, at no cost, to the City all public records in possession of the CMAR firm or keep and maintain public records required by the City to perform the service. If the CMAR firm transfers all public records to the City upon completion of the contract, the CMAR firm shall destroy any duplicate public records that are exempt or confidential and exempt from public7? Construction Manager at Risk Services for 11 RFP No. 21-22-001 West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT records disclosure requirements. If the CMAR firm keeps and maintains public records upon completion of the contract, the CMAR firm shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. IF THE CMAR FIRM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CMAR FIRM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FL 33130. THE CMAR FIRM MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI OFFICE OF CAPITAL IMPROVEMENTS ("OCI") WHO IS ADMINISTERING THIS CONTRACT. 7.06 E-VERIFY CMAR firm shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CMAR firm during the term of the Agreement and shall expressly require any Subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Subconsultant during the Agreement term. ARTICLE 8 INDEMNIFICATION The CMAR firm shall indemnify, hold harmless, save and defend the City, its officers, agents, directors, instrumentalities, agencies, and/or employees from all liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of CMAR firm and persons employed or utilized by CMAR firm in the performance of services under this Contract. CMAR firm shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory, contractual, tort, strict liability, or other claims, actions, injuries, or damages arising or resulting from the work, unless it is alleged that the City, its officials and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the CMAR firm shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The CMAR firm expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CMAR firm 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 indemnification provided above shall obligate the CMAR firm to defend, at its own cost and expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, against any and all claims of liability and all claims, suits and actions of every name and description which may be brought against the City, in connection with services performed by the CMAR firm or persons employed or utilized by CMAR firm. This indemnity, hold harmless and duty to defend, shall survive the term of this Agreement, and shall also survive the cancellation or expiration of this Agreement. This indemnity shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Section 725.06 and/or Section 725.08, Florida Statutes, as applicable. If any portion of the Indemnity is invalidated by a court of competent jurisdiction to be invalid, unenforceable, or illegal, the unenforceable provision shall not affect the otherwise valid terms and provisions of this Section. The applicable terms and provisions shall be deemed modified and will be given effect to the extent necessary to render such provision(s) enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the fullest extent possible the intent and agreements of the parties as are set forth in this Section. 777‘' Construction Manager at Risk Services for 12 RFP No. 21-22-001-R West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT The CMAR firm shall require all Subconsultant agreements to include a provision that they shall indemnify the City. The CMAR firm agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the CMAR firm in which the City participated, either through review or concurrence of the CMAR firm's actions. In reviewing, approving, or rejecting any submissions by the CMAR firm or other acts of the CMAR firm, the City in no way assumes or shares any responsibility or liability of the CMAR firm or Subconsultant under this Agreement. Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the CMAR firm, ARTICLE 9 INSURANCE The CMAR firm shall not start Services under this Agreement until the CMAR firm has obtained and provided to the City all insurance required hereunder and the City's Risk Management Administrator also known as the Director of the Risk Management Department, or their authorized designee, has approved such insurance. Should the Consultant not maintain the insurance coverage required in this Agreement, the City may cancel this Agreement or, at its sole discretion, shall purchase such coverage and charge the Consultant for such coverage purchased. The City shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage purchased or the insurance company or companies used. The decision of the City to purchase such insurance coverage shall in no way be construed to be a waiver of its rights under this Agreement. 9.01 COMPANIES PROVIDING COVERAGE All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and satisfactory to the Risk Administrator. The company must be rated no less than "A-" as to management, and no Tess than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, NJ, or its equivalent. 9.02 VERIFICATION OF INSURANCE COVERAGE The CMAR firm shall furnish certificates of insurance to the Procurement Department and Risk Management Administrator for review and approval prior to the execution of this Agreement. The Certificates shall clearly indicate that the CMAR firm has obtained insurance of the type, amount, and classification required by these provisions, and in accordance with Insurance Exhibit C contained herein. The CMAR firm shall ensure that all Subconsultants comply with these same insurance requirements. The CMAR firm shall furnish copies of insurance policies pertaining to this Agreement to the Procurement Department and Risk Administrator within ten (10) business days of written request. 9.03 FORMS OF COVERAGE 9.03-1 Commercial General Liability and Automobile Liability: The CMAR firm shall maintain commercial general liability coverage written on a primary and non-contributory basis, with limits of at least $1,000,000.00 per occurrence, $2,000,000.00 aggregate for bodily injury and property damage. The coverage shall include Premises and Operations, Contingent and Contractual Liability, and Products and Completed Operations, with additional endorsements as applicable. Waiver of Subrogation applies in favor of the certificate holder. The coverage shall be written on a primary and non-contributory basis with the City listed as an additional insured as reflected by endorsement CG 2010 11/85 or its equivalence. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-2 Business Automobile: The CMAR firm shall provide business automobile liability coverage including coverage for all owned, hired, and non -owned autos with a minimal combined single limit of $1,000,000.00 naming the City as an additional insured with respect to this coverage. Notice of cancellation should read thirty (30) calendar days and ten (10) business days for nonpayment. 9.03-3 Professional Liability Insurance: The CMAR firm shall maintain Professional Liability Insurance in the minimum amount of $2,000,000.00 per claim, $2,000,000.00 aggregate providing for all sums which the CMAR firm shall be legally obligated to pay as damages for claims arising out of the services performed by the CMAR firm or any person employed by the CMAR firm in connection with this Agreement. This insurance shall be maintained for at least one (1) year after completion of the Construction Manager at Risk Services for West End Park - District 4 13 RFP No. 21-22-001-;"2 " DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT construction and acceptance of any project covered by this Agreement. Coverage must reference the retroactive date. 9.03-4 Worker's Compensation Insurance: The CMAR firm shall maintain Worker's Compensation Insurance in compliance with Florida Statutes, Chapter 440, as amended, and Employee's Liability with a minimum limit of $1,000,000.00 each occurrence. 9.03-5 Subconsultant Compliance: The CMAR firm shall ensure that all Subconsultants comply with these same insurance requirements. 9.03-6 Umbrella Liability: The CMAR firm shall maintain Umbrella Liability insurance with a minimum limit of $1,000,000.00 each occurrence, $1,000,000.00 aggregate. The City shall be listed as additional insured with regards to this insurance. Coverage is in excess over General Liability and Auto policies. 9.04 MODIFICATIONS TO COVERAGE The Risk Administrator or their authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles, or other insurance obligations by providing a thirty (30) calendar day written notice to the CMAR firm in accordance with Article 10.06, Notices, herein. The CMAR firm shall comply with such requests unless the insurance coverage is not then readily available in the national market and may request additional consideration from the City accompanied by justification. ARTICLE 10 MISCELLANEOUS 10.01 AUDIT RIGHTS; INSPECTION The City reserves the right to audit the CMAR firm's accounts during the performance of this Agreement and for three (3) years after final payment under this Agreement. The CMAR firm agrees to furnish copies of any records necessary, in the opinion of the Director, to approve any requests for payment by the CMAR firm, The inspection and audit provisions provided for City contracts set forth in Section 18-101 and Section 18-102 of the City Code are applicable to this Agreement and are deemed as being incorporated by reference herein. 10.02 ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the CMAR firm and supersedes all prior negotiations, representations, or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same formality and equal dignity herewith. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of a breach of any other provision of this Agreement. 10.03 SUCCESSORS AND ASSIGNS The performance of this Agreement shall not be transferred pledged, sold, delegated, or assigned, in whole or in part, by the CMAR firm without the written consent of the City, acting by and through its City Commission. It is understood that a sale of the majority of the stock or partnership shares of the CMAR firm, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. The CMAR firm's services are unique in nature and any assignment, sale transference without City Commission approval shall be cause for the City to terminate this Agreement. The CMAR firm shall have no recourse from such termination. The City may require bonding, other security, certified financial statements and tax returns from any proposed assignee and the execution of an assignment/assumption Agreement in a form satisfactory to the City Attorney as a condition precedent to considering approval of an assignment. The CMAR firm and the City each binds one another, their partners, successors, legal representatives, and authorized assigns to the other party of this Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. 10.04 TRUTH -IN -NEGOTIATION CERTIFICATE In compliance with the Consultant's Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the CMAR firm shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of NTP. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the City determines the project price was increased due to inaccurate, incomplete, or non -current wage (;) Construction Manager at Risk Services for 14 RFP No. 21-22-O01-727 West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT rates and other factual unit costs. All such price adjustments will be made within one (1) year following the end of the Project. 10.05 APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida, Each party shall bear its own attorney's fees except in actions arising out of the CMAR firms duties to indemnify the City under Article 8, Indemnification, herein where the CMAR firm shall pay the City's reasonable attorney's fees in the event the City must maintain an action to enforce the duty to indemnify the City. 10.06 NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by electronic mail, and registered United States mail, return receipt requested, addressed to the party for wham it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: For City of Miami: Arthur Noriega V City Manager Office of the City Manager, City of Miami 444 SW 2^d Avenue, 10th Floor Miami, Florida 33130-1910 Email: ANoriegagmiamigov.com Phone: 305-416-1025 Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement, City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130-1910 Email: AnniePerez@miamigov,com Phone: 305-416-1910 Victoria Mendez City Attorney Office of the City Attorney, City of Miami 444 SW 2^d Avenue, 9th Floor Miami, Florida 33130-1910 Email: VictoriaMendezmiamiqov.com Phone: 305-416-1832 With Copies to: Hector Badia Interim Director Office of Capital Improvements, City of Miami 444 SW 2^d Avenue, 8th Floor Miami, Florida 33130-1910 Email: HBadia(a,miamigov.com Phone: 305-416-1236 Construction Manager at Risk Services for 15 West End Park - District 4 RFP No. 21-22-001-R✓'�/'-�' DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT James B. Pirtle Construction Company, Inc. d/b/a Pirtle Construction Company Jacnee.-Ar-a9stforna MICE. 4EA P.X President 175 SW 7th Street I I✓liami, FL 33130 Email. (Qpirtleconstruction.com Phone: 9571=#4 =3949 9s41 536-- 110D7 10.07 INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all the subsections of such Section, unless the reference is made to a subsection or subparagraph of such Section or Article. 10.08 JOINT PREPARATION Preparation of this Agreement has been a joint effort of the City and the CMAR firm, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. 10.09 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given effect. 10.10 MEDIATION - WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and /or construction of the subject project(s), and/or following the completion of the projects(s), the parties to this Agreement agree all disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will split the costs of a certified mediator on a 50/50 basis. The CMAR firm agrees to include such similar contract provisions in the agreements with all Subconsultants and/or independent contractors retained for the project(s), thereby providing for non -binding mediation as the primary mechanism for dispute resolution. Each party shall bear their own attorney's fees. In an effort to expedite the conclusion of any litigation, the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. 10.11 TIME Time is of the essence in this Agreement. CMAR firm shall promptly perform its duties under this Agreement and Work Orders pursuant hereto and will give the Work as much priority as is necessary to cause the Work to be completed on a timely basis in accordance with this Agreement. All Work shall be performed strictly (not substantially) within the time limitations necessary to maintain the critical path and all deadlines established in this Agreement and/or Work Orders pursuant hereto. 10.12 COMPLIANCE WITH LAWS The CMAR firm shall comply with all applicable laws, codes, ordinances, rules, regulations, and resolutions including, without limitation, the Americans with Disabilities Act ("ADA"), as amended, and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. The CMAR firm represents and warrants that there shall be no unlawful discrimination as provided by law in connection with the performance of this Agreement. 10.12-1 Non -Discrimination: The City warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with the CMAR firm' Construction Manager at Risk Services for 16 RFP No. 21-22-001-i�, West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT performance under this Agreement on account of race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation. The CMAR firm further covenants that no otherwise qualified individual shall, solely by reason of their race, color, gender, gender identity, religion, age, handicap, marital status, national origin, or sexual orientation, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 10.12-2 OSHA Compliance: The CMAR firm warrants that it will comply with all safety precautions as required by federal, state, and local laws, rules, regulations, and ordinances. The City reserves the right to refuse the CMAR firm's access to City property, including project jobsites, if the CMAR firm's employees are not properly equipped with safety gear in accordance with OSHA regulations or if a continuing pattern of non-compliance with safety regulations is exhibited by the CMAR firm. 10.12-3 ADA Compliance: The CMAR firm shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines, and standards. Additionally, the CMAR firm shall take affirmative steps to -insure nondiscrimination in employment of disabled persons. 10.13 NO PARTNERSHIP The CMAR firm is an independent contractor. This Agreement does not create a joint venture, partnership or other business enterprise or affiliation between the parties. The CMAR firm has no authority to bind the City to any promise, debt, default, contract liability, or undertaking of the CMAR firm. 10.14 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 10.15 RESOLUTION OF CONTRACT DISPUTES The CMAR firm understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner. The initial step shall be for the CMAR firm to notify the Project Manager in writing of the dispute and submit a copy to the City of Miami personnel identified in Article 10.06, Notices. Should the CMAR firm and the Project Manager fail to resolve the dispute the CMAR firm shall submit their dispute in writing, with all supporting documentation, to the Director of OCI, as identified in Article 10.06, Notices. Upon receipt of said notification, the Director of OCI shall review the issues relative to the dispute and issue a written finding. Should the CMAR firm and the Director of OCI fail to resolve the dispute the CMAR firm shall submit their dispute in writing within five (5) calendar days to the Director of Procurement. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the CMAR firm. Upon receipt of said notification, the Director of Procurement, shall review the issues relative to the dispute and issue a written finding. The CMAR firm must submit any further appeal in writing within five (5) calendar days to the City Manager. Failure to submit such appeal of the written finding shall constitute acceptance of the finding by the CMAR firm. Appeal to the City Manager for their resolution, is required prior to the CMAR firm being entitled to seek judicial relief in connection therewith. Should the amount of compensation hereunder exceed $500,000.00, the City Manager's decision shall be approved or disapproved by City Commission. The CMAR firm shall riot be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by City Commission if applicable; or (ii) a period of sixty (60) calendar days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (90) calendar days has expired where the City Manager's decision is subject to City Commission approval; or (iii) The City has waived compliance with the procedure set forth in this section by written instrument(s) signed by the City Manager. 10.16 INDEPENDENT CONTRACTOR The CMAR firm has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, the CMAR firm shall not attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. The CMAR firm further understands that Florida Workers' Compensation benefits available to employees of the City are not available to the CMAR firm and agrees to provide workers' compensation insurance for any employee or agent of the CMAR firm rendering Ft.„7",, Construction Manager at Risk Services for 17 RFP No. 21-22-001- West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT services to the City under this Agreement. The City is not a guarantor of any debt or obligation of the CMAR firm and the CMAR firm has no ability to bind the City in this regard. 10.17 CONTINGENCY CLAUSE Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and this Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) calendar days' notice. 10.18 THIRD PARTY BENEFICIARY The CMAR firm and the City agree that it is not intended that any provision of this Agreement establishes a third -party beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 10.19 ADDITIONAL TERMS AND CONDITIONS If a PSA or other Agreement was provided by the City and included in this solicitation for the project(s), no additional terms, or conditions, which materially or substantially vary, modify, or alter the terms or conditions of this Agreement, in the sole opinion and reasonable discretion of the City, will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or other Agreement. 10.20 SEVERABILITY If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision, or combination of same shall be modified or reformed by the court to the minimum extent necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. Notwithstanding, the remainder of the Agreement shall remain binding upon the parties. This Subsection shall not apply if there is a material breach of this Agreement causing cancelation or cancellation for convenience. 10.21 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. ARTICLE 11 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS 11.01 EQUITABLE ADJUSTMENT The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Proposer's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Proposer that continued performance of the contract would results in a substantial loss. Successful Proposer might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. 11.02 NON -APPROPRIATION OF FUNDS In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty, or representation is made that any project(s) will be awarded to any firm(s). 11.03 SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of the RFP, Proposers are required to identify any and all Subconsultants/Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subconsultant/Subcontractor. Failure to identify any and all Subconsultants/Subcontractors in the Proposal shall render the Proposal non- "/ / r-7 Construction Manager at Risk Services for 18 RFP No. 21-22-001-R West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT responsive unless the Successful Proposer submits this documentation to the City within five (5) working days after the proposal due date. The Successful Proposer shall not, at any time during the tenure of the contract, subcontract any part of its operations or assign any portion or part of the contract, to Subconsultant/Subcontractor(s) not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any SubconsultantlSubcontractor(s) and the City. The Successful Proposer shall be fully responsible to the City for the acts and omissions of the Subconsultant!Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Successful Proposer. 11.04 DAVIS-BACON ACT Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. The CMAR and/or any Bidder shall use the Federal Wages reflected in Wage General Decision Number- FL 180260 01/12/2018 FL260 in developing any bid for this project. The CMAR firm and any subcontractor shall be required to provide certified payroll records documenting the work performed on this project. 11.05 COMPLIANCE WITH THE COPELAND "ANTI -KICKBACK" ACT - 40 U.S.G. 3701-3708 1) The CMAR firm shall comply with 18 U,S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2) The CMAR firm or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CMAR firm shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3) A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a CMAR firm and subcontractor as provided in 29 C.F.R. § 5.12. 11.06 COMPLIANCE WITH THE CONTRACT WORK HOURS & SAFETY STANDARDS ACT - 40 U.S.C. 3701-3708 1) Overtime Requirements: No CMAR firm or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2) Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the CMAR firm, and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such CMAR firm and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3) Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CMAR firm or subcontractor under any such contract or any other Federal contract with the same CMAR firm, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the CMAR firm, such sums as may be determined to be necessary to satisfy any liabilities of such CMAR firm or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. Construction Manager at Risk Services for 19 RFP No. 21-22-001717(;2 - West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 4) The CMAR firm or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The CMAR firm shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. 11.07 PARTS AT PASS -THROUGH COST (FOR REPAIRS OUTSIDE THE SCOPE OF WORK) All cost for parts required for repair jobs and not otherwise included in the scope of work shall be billed at the CMAR and/or bidder's actual cost and will be passed on to the City without markup or any additional fees. The CMAR andlor bidder shall submit purchase receipt of parts along with the labor invoice for payment. The CMAR and/or bidder shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. 11.08 NOTIFICATION TO PERFORM WORK The CMAR and/or bidder shall notify the Project Manager when an employee is on the property and for what purpose. 11.09 BACKGROUND CHECKS The CMAR andlor bidder shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue § 1012-32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the CMAR and/or bidder shall provide Level Two (2) background screening results for all employees completing the work on park grounds. 11.10 EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60 During the performance of any resulting contract from an RFQ, the Proposer agrees as follows: 1) The CMAR and/or bidder will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CMAR firm will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CMAR firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The CMAR firm will, in all solicitations or advertisements for employees placed by or on behalf of the CMAR firm, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3) The CMAR firm will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the CMAR firm's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The CMAR firm will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The CMAR firm will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7'7 Construction Manager at Risk Services for 20 RFP No. 21-22-001-R West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 6) In the event of the CMAR firm's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CMAR firm may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The CMAR firm will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CMAR firm will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a CMAR firm becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CMAR firm may request the United States to enter into such litigation to protect the interests of the United States. 11.11 CLEAN AIR ACT 1) The CMAR firm agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2) The CMAR firm agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3) The CMAR firm agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 11.12 FEDERAL WATER POLLUTION CONTROL ACT 1) The CMAR firm agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2) The CMAR firm agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3) The CMAR firm agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 11.13 NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, CMAR firm, or any other party pertaining to any matter resulting from the contract. 11.14 PROGRAM FRAUD & FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The CMAR firm acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CMAR firm's actions pertaining to this contract. 11.15 BYRD ANTI -LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED) CMAR and/or bidder who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that take place in connection with obtaining any federal award. Such disclosures are forwarded form tier to tier, and up to the recipient. Please refer to the "Certification Regarding Lobbying" form. It is MANDATORY for the Proposers to return this form signed along with their Proposal. 11.16 PROCUREMENT OF RECOVERED MATERIALS a) In the performance of this contract, the CMAR firm shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; Construction Manager at Risk Services for 21 RFP No. 21-22-00177247 - West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. b) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https:J/www.epa.govlsmmlcomprehensive- procurement-quideline-cpq-program. 11.17 DHS, SEAL, LOGO, AND FLAGS The CMAR firm shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. 11.18 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance may be used to fund this contract. The CMAR firm will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 11.19 ACCESS TO RECORDS 1) The CMAR firm agrees to provide the Project Manager assigned by the City of Miami, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CMAR firm which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions, 2) The CMAR firm agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 3) The CMAR firm agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. 11.20 SUSPENSION AND DEBARMENT 1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CMAR firm is required to verify that none of the CMAR firm, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2) The CMAR firm must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3) This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the CMAR firm did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4) The CMAR firm agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The CMAR firm further agrees to include a provision requiring such compliance in its lower tier covered transactions. 11.21 UNITED STATES HOUSING AND URBAN DEVELOPMENT; CDBG-MIT 1) If this contract is funded by US HUD dollars and Community Development Block Grant (CDBG) dollars, and/or CDBG Mitigation (CDBG-MIT) dollars, then it shall be subject to federal procurement regulations 2 CFR 200.318 to 200.327. 2) Unless a fixed -price contract is used, profit must be negotiated as a separate element of the price for each contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the CMAR firm, the CMAR firm's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. ‘2 Construction Manager at Risk Services for 22 RFP No. 21-22-001-R��� West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT 11.22 SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 1) The work to be performed under this contract may be subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3) The CMAR firm agrees to send to each labor organization or representative of workers with which the CMAR firm has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the CMAR firm's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4) The CMAR firm agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The CMAR firm will not subcontract with any subcontractor where the CMAR firm has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5) The CMAR firm will certify that any vacant employment positions, including training positions, that are filled (1) after the CMAR firm is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the CMAR firm's obligations under 24 CFR part 135. 6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). 11.23 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. END OF SECTION Construction Manager at Risk Services for 23 RFP No. 21-22-001-R. West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST: James B. Pirtle Construction Company, Inc., a Florida profit corporation Signature .%L ��. 1!znt if?o,Ni.• , �//'C�'' T+S+ Si�6sT� t 21 ��Q11` rest Print Name, Title Print Name, Title ATTEST: CMAR firm Secretary (Affirm CMAR firm Seal, if a liable) ATTEST: DocuSigned by: E46D756g F145Q... Todd B. Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: ,—DocuSigned by: giAtAitaa 5349R495F95 Ann Marie Sharpe, Director DocuSigned CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: Norm yt 6r379rnn90 Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: ,—DocuSigned by: C r r 2 `—F1 EF1J4FlF-GFEQ"5'... Victoria Mendez, City Attorney Risk Management Department Ds TMF 23-475 r2 Construction Manager at Risk Services for 24 RFP No. 21-22-001-F1' West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE WRITTEN CONSENT TO ACTIONS TAKEN IN WRITING WITHOUT A MEETING OF THE BOARD OF DIRECTORS OF JAMES B. PIRTLE CONSTRUCTION CO., INC. dba PIRTLE CONSTRUCTION COMPANY Date: ,DUNE 11, 2007 The undersigned, being all of the members of the Board of Directors of James B. Pirtle Construction Co., Inc., a corporation organized and existing under the laws of the State of Florida (the "Corporation") dba Pirtle Construction Company, do hereby take the following written actions in lieu of holding a special meeting, all pursuant to Horida Statutes, Section 607,0821 . WHEREAS, certain contracts and/or amendments to contracts have been taken in the name of Pirtle Construction Company, an unincorporated division of the Corporation; NOW, THEREFORE, the following resolution respecting these matters is hereby adopted: RESOLVED, that Michael Geary, as Executive Authorized Officer of the division, Pirtle Construction Company, shall have fully authority to negotiate, implement, execute, and to do all things necessary to carry out the contracts and/or amendments on behalf of the Corporation The foregoing constitutes all of the actions taken by the Board of Directors of the Company as of this 1 lth day of June, 2007. JAMB. PIRTLE, SR. y-ry\„.,.._ 16 • -\ MARY KAT. ERINE PIRTLE MICHAEL GEARY (BEING ALL OF THE MEMBERS OF THE BOARD OF DIRECTORS) DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) HEREBY CERTIFY that at a meeting of the Board of Directors of James B. Pirtle Construction Company, Inc., a corporation organized and existing under the laws of the State of Florida, held on the 11 day of June, 2007, a resolution was duly passed and adopted authorizing (Name) Mike Geary as (Title) President of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. 1 further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of M ��'� 20 I. . Print: D D. w v 1. t t s CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of a partnership organized and existing under the laws of the State of , held on the day of , a resolution was duly passed and adopted authorizing (Name) as (Title) of the partnership to execute agreements on behalf of the partnership and provides that their execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Partner: Print: Names and addresses of partners: Name Street Address City State Zip Construction Manager at Risk Services for West End Park - District 4 25 RFP No. 21-22-001-R DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Agreement is authorized to sign documents on behalf of the joint venture. If there is no joint venture agreement, each member of the joint venture must sign this Agreement and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20� Signed: Print: STATE OF COUNTY OFrd NOTARIZATION ) SS: MERRiE P. THOMPSON Or: °,- Commission # HH 036122 ,o••. Expires September 25, 2024 Banded Thou Troy Fain Insurance 800.385-7019 J The foregoing instrument was acknowledged before me this 30 day of Ik- -NrC`1 20 Z3 , by O(4.lre ( Lt ei k \ , who is_p_eronally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OFc c PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Construction Manager at Risk Services for 26 West End Park - District 4 RFP No. 21-22-001-R DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A - SCOPE OF WORK ARTICLE Al GENERAL The City has procured a qualified and experienced CMAR firm to provide Construction Management at Risk Services, under the direction of the Office of Capital Improvements ("OCI"), and in accordance with all applicable laws, building and environmental regulations, including code requirements for the State of Florida, Miami -Dade County, and the City, and the Scope of Services contained in this RFQ. The Proposer and its Subconsultants must be able to perform every element and task included in, but not limited to, those outlined in Section A1.01, "Scope of Services." The CMAR firm has been selected in accordance with Section 287.055 of the Florida Statutes, CCNA, as amended. A1.01 SCOPE OF SERVICES The CMAR firm agrees to provide complete Construction Manager at Risk services as set forth in the tasks enumerated hereinafter, in accordance with the Florida Building Code, latest edition, all federal, state, county and City of Miami, Florida, Laws, Codes and Ordinances, as well as the executed Construction Manager at Risk Work Order Proposal. The CMAR firm shall maintain an adequate staff of qualified personnel on the Work at all times to ensure its performance as specified in this Agreement. Required services to be provided by the CMAR firm may include, but are not limited to, the following: ■ Pre -Construction Services Review and advise on project scope of work, description and development data as provided by the City, Architects, or Engineers. Review of design plans for constructability, construction industry standards, Code compliance, and value engineering possibilities, and provide report findings. Review cost and time estimates prepared by architects and engineers to validate said estimates. - Prepare cost and time estimates, to include clarifications, basis of estimate, allowances, Prepare scheduling for each of the GMP construction packages, including preliminary and final project construction schedules indicating major construction milestones and variances. Prepare construction phasing schemes for each of the GMP construction packages, which address the site logistics, its operational needs, scope, and budget. The CMAR firm will be tasked to work with the Architect/Engineer reviewing the project to advise the City of the constructability of the design and provide value engineering of the project's design documents, to ensure the quality of the documents regarding construction/ building standards and advise the Owner of the most efficient, and economical ways to build the project pursuant to the Owners goals and objectives for the project. Some of the project items the CMAR firm will be evaluating are listed below: - Electrical power distribution systems, automatic transfer switching, lighting control systems - Swimming pool and splash pad design and systems - Water intrusion envelope (roofing, windows, doors, etc.) - Plumbing systems, water distribution, sanitary systems, domestic hot water, control valves, re -circulating pumps HVAC/ventilation systems Pool heater geothermal system System integration Storm water collection and management systems - Structural Integrity Roofing System Design ADA Compliance Sports field and courts materials and installation details Site Amenities Walkways Right of way improvements - Irrigation system - Site and sports Lighting 7?7‘7 Construction Manager at Risk Services for 27 RFP No. 21-22-001-5 West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 - Low voltage locations (the project includes pull boxes and empty conduits only for the low voltage installation by others) As part of its submittal in response to this RFP, the CMAR firm provided a detailed proposal as to how it will approach and perform Pre -Construction Services for the Project, as well as potential Construction Manager/Construction services. The CMAR firm will be paid a lump -sum amount for the provision of all Pre -Construction Services. ▪ Construction Services Upon completion of the preconstruction, and at the sole discretion of the City, the CMAR firm may be requested to furnish the City with a GMP, which is subject to restrictions in change order requests and minimizes, or eliminates, additional costs to the City. In order to ensure that the City is successful in negotiating the best value for this project, the City may hire an independent Construction Estimator to provide assistance in validating the CMAR firm's construction costs according to the current market. - The CMAR firm will provide construction services primarily through the services of subcontractors procured through an open and competitive bidding process, for which the CMAR firm shall prepare invitations to bid, or requests for proposals when applicable, for all procurement related to long lead items, materials, and services, in accordance with individual contract thresholds as they may be further detailed in the Work Order/s issued by the City. Bids must be received from at least three (3) subcontractors in order for the services to be considered competitively procured under federal guidelines. - The CMAR firm will perform construction management services during the construction phase of the Project, all as more specifically defined at the time the City requests the CMAR firm to submit a GMP. - Generally, construction management services provided by the CMAR firm during the construction phase of the Project will include, but will not be limited to, scheduling; construction and/or construction management of site work and utilities, buildings, landscaping, specialty work, and any other work deemed necessary to complete the intended scope. - The Construction Manager (CM) Fee multiplier will be capped at 1.15. The CM Fee multiplier must include all indirect costs, not limited to all home office overhead and general business overhead, profit, project management and indirect administrative costs, non-project's originated insurance (Le., owned and non -owned vehicles, workers° compensation, general liability, etc.), and any additional CMAR firm's mark-up. The multiplier will not include Payment & Performance Bond, or project originated insurance such as Builders' Risk. As part of its submittal in response to this RFP, the CMAR firm provided a detailed proposal as to how it will approach and perform potential Construction Manager/Construction services. The CMAR firm will provide a GMP for the provision of all Construction Manager/Construction services. A1.02 WORK ORDERS When OCI has determined that the Project is to proceed, the Director or authorized designee will request in writing a Work Order Proposal from the CMAR firm based on the proposed Scope of Services provided to the CMAR firm in writing by the Director or designee. The CMAR firm and Director or designee, and others, if appropriate, may have preliminary meetings, if warranted, to further define the Scope of Services and to resolve any questions. The CMAR firm shall then prepare a GMP following the format provided by the City, indicating the proposed Scope of Services, time of performance, staffing, proposed fees, Subconsultants, and deliverable items and/or documents, The Director or designee may accept the GMP as submitted, reject the GMP, or negotiate revisions to the GMP. Upon acceptance of a GMP, OCI will prepare a Work Order that will be reviewed by OCI staff and the Director or designee. Upon approval, OCI will issue a written Notice to Proceed (NTP) subsequent to approval of the Work Order by the Director or designee. The Agreement, or any GMPs issued as a result of it, may detail the deliverables that will be required of the CMAR firm. A detailed scope of work will be developed for each Work Order issued. A1.03 PAYMENTS The City will pay the CMAR firm in accordance with provisions and limitations of Attachment B, Compensation and Payments. No payment will be made for the CMAR firm's time or services in connection with the preparation of any GMP Proposal or for any Work done in the absence of an executed Work Order, NTP and/or Purchase Order. / (_ _a, Construction Manager at Risk Services for 28 RFP No. 21-22-001-R" West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 ARTICLE A2 PROJECT BACKGROUND AND LOCATION West End Park is a 16.6-acre, multi -purpose recreational space located at 6030 SW 2nd Street, Miami, Florida 33144, in Commission District No. 4. The West End Park Project includes a new master plan for facility improvements, The park encompasses approximately 6.94 acres, with an existing 10,917sf community center building and a playground area to remain, and a pool building, a ball field, tennis courts, basketball courts, and other amenity areas, landscaping, walkways, irrigation, sodding, The scope of the park's improvements includes, but is not limited to: The demolition of the existing swimming pool, tennis, and basketball courts New +/-4,725 SF pool building, including exterior covered walkways and areas. The new pool building will feature a lifeguard and admissions office, male and female restrooms outfitted with shower stalls and lockers, a pool equipment room, lawn storage room, and support spaces • A new +1-5,699 square feet swimming pool, featuring swimming lanes as well as a beach entry family area. The pool deck will feature lounge chairs and tables for its patrons • Adjacent to the pool is a new splash pad for kids • Two new tennis courts with pickleball blended lines • Two new basketball courts • A multipurpose field area outfitted with soccer field lines, a pinto league baseball diamond/field with dugouts and bleachers • Two central plazas at each of the park's main entrances (one off SW 60th avenue, one off SW 2nd street), with landscaped gathering area as well as an area with stabilized sod for farm share events • Concrete walkway surrounding the perimeter of the sports fields, with Vita -Course exercise stations placed throughout • Right -Of -Way /Street Parking improvements as may be required. • Refer to the attached site plan for more details. • Concrete walkway surrounding the perimeter of the sports fields, with outdoor fitness stations placed throughout. • A multipurpose field area outfitted with soccer field lines, a Pinto League baseball diamond/field with dugouts and bleachers; surface material (synthetic turf or grass) to be determined. The project's design plans are currently on the Dry -run permitting stages, therefore, under the Construction Manager At -Risk approach sought pursuant to this RFP, the City is entering into an agreement with a the CMAR firm to allow for the design to be reviewed in partnership between the Architect/Engineer, the CMAR firm, and the City in an environment that fosters constructability, frugality, quality, for the best price possible in today's market, all working together as a team to deliver a quality product that responds to the needs of the Client, which in this case is the City's Department of Parks & Recreation (Parks). The CMAR firm will evaluate the project documents for any inconsistencies, errors and omissions between the various design disciplines and constructability of the project and advise on the selection of materials and means and methods given the current market. The Project Team, consisting of the City, the Architect/Engineer, and the CMAR firm, shall work together to produce a quality project with a design that is also buildable in an environment based on a collaborative effort between the three parties to work out all the potential conflicts in the project prior to construction. The CMAR firm shall strive to address design issues (drawings and technical specifications) prior to starting of construction with the intent of avoiding design and construction cost overruns, change orders and time extensions. It is understood that the GMP provided by the CMAR firm, as it may be required at the sole discretion of the City, further serves to prohibit cost adjustments. Time is of the essence, and there will be no additional compensation for delays in construction caused for any reason. The park currently includes various programming amenities, such as a swimming pool, a baseball field, tennis courts, basketball courts, a playground, a community building, open space, and picnic areas. The park also hosts afterschool programs, camp programs during school breaks, youth flag football, and youth basketball. Site imagery, maps, and additional information can be accessed through the Park's page at http://archive.miamigov.com/parks/park westend.html and through the City's Interactive Mapping Tool (GIS) at http://maps.miamigov.com/miamizoninq/. Construction Manager at Risk Services for 29 RFP No. 21-22-001-R' West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 CMAR firm shall be responsible for the professional quality, safe, and accurate construction that conforms to the contract documents, and other Services furnished by the CMAR firm under this Agreement. ARTICLE A3 ADDITIONAL SERVICES A3.01 GENERAL At the sole discretion of the City, Additional Services may be specified and authorized by City and are normally considered to be beyond the scope of the Basic Services. Additional Services shall either be identified in a Work Order or shall be authorized by prior written approval of the Director or City Manager and will be compensated for as provided in Attachment B, Article B3.05, Fees for Additional Services. ARTICLE A4 REIMBURSABLE EXPENSES A4.01 GENERAL Reimbursable Expenses cover those services and items authorized by the City in addition to the Basic and Additional Services and consist of actual, direct expenditures made by the CMAR firm and Subconsultants for purposes related to the Project. Transportation, travel and per diem expenses shall not be considered as reimbursable expenses under this Agreement. A4.02 SUBCONSULTANT REIMBURSEMENTS Reimbursable Subconsultant expenses are limited to the items described above when the Subconsultant's agreement provides for reimbursable expenses and when such agreement has been previously approved, in writing, by the Director and subject to all budgetary limitations of the City and requirements of this Agreement. ARTICLE A5 CITY'S RESPONSIBILITIES A5.01 PROJECT AND SITE INFORMATION City, at its expense and insofar as performance under this Agreement may require, may furnish CMAR firm with the information described below, or, if not readily available, may authorize CMAR firm to provide such information as an Additional Service, eligible as a Reimbursable Expense. A5.01-1 Surveys: Complete and accurate surveys of building sites, giving boundary dimensions, locations of existing structures, the grades and lines of street, pavement, and adjoining properties; the rights, restrictions, easements, boundaries, and topographic data of a building site, and existing utilities information regarding sewer, water, gas, telephone and/or electrical services. A5.01-2 Soil Borings, Geotechnical Testing: Soil borings or test pits; chemical, mechanical, structural, or other tests when deemed necessary; and, if required, an appropriate professional interpretation thereof and recommendations. CMAR firm shall recommend necessary tests to City. A5.01-3 General Project Information: Information regarding Project Budget, City and State procedures, guidelines, forms, formats, and assistance required establishing a program pursuant to Article A2.02, Schematic Design. A5.01-4 Existing Drawings: Drawings representing as -built conditions at the time of original construction, subject to as -built availability. However, such drawings, if provided, are not warranted to represent conditions as of the date of receipt. CMAR firm must still perform field investigations as necessary in accordance with Article A2.01, Development of Objectives, to obtain sufficient information to perform its services. Investigative services in excess of "Normal Requirements," as defined, must be authorized in advance. A5.01-5 Reliability: The services, information, surveys, and reports described in Articles A5.01-1 through A5.01-4 above, shall be furnished at City's expense, and CMAR firm shall be entitled to rely upon the accuracy and completeness thereof, provided CMAR firm has reviewed all such information to determine if additional information and/or testing is required to properly design the Project. A5.02 CONSTRUCTION MANAGEMENT A5.02-1 During construction, CMAR firm and the Project Manager shall assume the responsibilities described in the general conditions and supplementary conditions of the construction contract relating to review and approval of the construction work by the CMAR firm. A5.02-2 If City observes or otherwise becomes aware of any fault or defective Work in the Project, or other nonconformance with the contract during construction, City shall give prompt notice thereof to CMAR firm. END OF SECTION Construction Manager at Risk Services for 30 RFP No. 21-22-001-71/Ac R West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT A SCHEDULE Al - SUBCONSULTANTS/SUBCONTRACTORS FIRM NAME CONSULTING FIELD ZTI, LLC Swimming Pool Contractor SCHEDULE A2 - KEY STAFF NAME JOB CLASSIFICATION James Armstrong Ben Guanella Eric Hynes Principal Project Manager Construction Manager Scott Larson Cost Estimator Construction Manager at Risk Services for 31 RFP No. 21-22-001 West End Park - District 4 71747 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS ARTICLE B1 METHOD OF COMPENSATION The fees for Pre -Construction Services for the Project shall be determined by one of the following methods or a combination thereof, at the option of the Director or designee, with the consent of the CMAR firm. a) A Lump Sum as defined in Article B3.01, Lump Sum, b) An Hourly Rate as defined in Article B3.02, Hourly Rate Fees, and at the rates set forth pursuant to the same. B1.01 COMPENSATION LIMITS The aggregate sum of all payments for fees and costs, including reimbursable expenses, to the CMAR firm payable by the City under this Agreement shall be limited to the amount specified in Article 2.05-1 Compensation Limits, as the maximum compensation limit for cumulative expenditures under this Agreement. Under no circumstances will the City have any liability for work performed, or as otherwise may be alleged or claimed by the CMAR firm, beyond the cumulative amount provided herein, except where specifically approved in accordance with the City Code by the City Commission or City Manager, as applicable, as an increase to the Agreement and put into effect via an Amendment to this Agreement. B1.02 CMAR FIRM NOT TO EXCEED Absent an amendment to the Agreement or to any specific Work Order, any maximum dollar or percentage amounts stated for compensation shall not be exceeded. In the event they are so exceeded, the City shall have no liability or responsibility for paying any amount of such excess, which will be at the CMAR firm's own cost and expense. ARTICLE B2 WAGE RATES B2.01 FEE BASIS As applicable, all fees and compensation payable under this Agreement shall be formulated and based upon the averages of the certified Wage Rates that have been received and approved by the Director. The averages of said certified Wage Rates are summarized in Schedule B1 - Wage Rates Summary incorporated herein by reference. Said Wage Rates are the effective direct hourly rates, as approved by the City, of the CMAR firm and Subconsultant employees in the specified professions and job categories that are to be utilized to provide the services under this Agreement, regardless of manner of compensation. B2.02 EMPLOYEES AND JOB CLASSIFICATIONS Schedule B1 - Wages Rates Summary identifies the professions, job categories and/or employees expected to be used during the term of this Agreement, as applicable. These include architects, engineers, landscape architects, professional interns, designers, CADD technicians, project managers, GIS and environmental specialists, specification writers, clerical/administrative support, and others engaged in the Work. In determining compensation for a given Scope of Work, the City reserves the right to recommend the use of the CMAR firm employees at particular Wage Rate levels. B2.03 CALCULATION Said Wage Rates may be utilized by the CMAR firm in calculating compensation payable for specific assignments and Work Orders as requested by the City. The CMAR firm shall identify job classifications, available staff, and projected man-hours required for the proper completion of tasks and/or groups of tasks, milestones, and deliverables identified under the Scope of Work as exemplified in Schedule B1 - Wage Rates Summary. B2.04 EMPLOYEE BENEFITS AND OVERHEAD Regardless of the method of compensation elected herein, compensation paid by the City shall, via the Multiplier, cover all the CMAR firm costs including, without limitation, employee fringe benefits (e.g., sick leave, vacation, holiday, unemployment taxes, retirement, medical, insurance, and unemployment benefits), and an overhead factor. Failure to comply with this section shall be cause for termination of this Agreement. 82.05 ESCALATION There shall be no escalation clause as part of this Agreement. VC' Construction Manager at Risk Services for 32 RFP No. 21-22-001-R4 West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 ARTICLE B3 COMPUTATION OF FEES AND COMPENSATION The City agrees to pay the CMAR firm, and the CMAR firm agrees to accept for services rendered pursuant to this Agreement, fees computed by one or a combination of the methods outlined above, as applicable, in the following manner: B3.01 LUMP SUM Compensation for a Scope of Work can be a Lump Sum and must be mutually agreed upon in writing by the City and the CMAR firm and stated in a Work Order. Lump Sum compensation is the preferred method of compensation. B3.01-1 Lump Sum: Shall be the total amount of compensation where all aspects of Work are clearly defined, quantified and calculated. B3.01-2 Modifications to Lump Sum: If the City authorizes a substantial or material change in the Scope of Services, the Lump Sum compensation for that portion of the Services may be equitably and proportionately adjusted by mutual consent of the Director or designee and CMAR firm, subject to such additional approvals as may be required by legislation or ordinance. B3.01-3 Lump Sum Compensation: Compensation shall be calculated by CMAR firm, utilizing the Wage Rates established herein including multiplier, and reimbursable expenses. Prior to issuing a Work Order, the City may require CMAR firm, to verify or justify its requested Lump Sum compensation. Such verification shall present sufficient information as depicted in Attachment A, Schedule A2 - Key Staff. B3.02 HOURLY RATE FEES B3.02-1 Hourly Rate Fees: As applicable, Hourly Rate Fees shall be those rates for CMAR firm and Subconsultant employees identified in Schedule B1. All hourly rate fees will include a maximum not to exceed figure, inclusive of all costs expressed in the contract documents. The City shall have no liability for any fee, cost, or expense above this figure. B3.02-2 Conditions for Use: As applicable, Hourly Rate Fees shall be used only in those instances where the parties agree that it is not possible to determine, define, quantify, and/or calculate the complete nature, and/or aspects, tasks, man-hours, or milestones for a Project or portion thereof at the time of Work Order issuance. Hourly Rate Fees may be utilized for Additional Work that is similarly indeterminate. In such cases, the City will establish an Allowance in the Work Order that shall serve as a Not to Exceed Fee for the Work to be performed on an Hourly Rate Basis. B3.03 REIMBURSABLE EXPENSES Any fees for authorized reimbursable expenses shall not include charges for the CMAR firm handling, office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications (above the quantities set forth in this Agreement), mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. All reimbursable services shall be billed to the City at direct cost expended by the CMAR firm. City authorized reproductions in excess of sets required at each phase of the Work will be a Reimbursable Expense. The City will reimburse the CMAR firm for authorized Reimbursable Expenses pursuant to the limitations of this Agreement as verified by supporting documentation deemed appropriate by Director or designee including, without limitation, detailed bills, itemized invoices, and/or copies of cancelled checks. B3.04 FEES FOR ADDITIVE or DEDUCTIVE ALTERNATES The design of additive and deductive alternates contemplated as part of the original Scope for a Project as authorized by the Director will be considered as part of Basic Services. The design of additive and deductive alternates that are beyond the original Scope of Work and construction budget may be billed to the City as Additional Services. The fees for alternates will be calculated by one of the three methods outlined above, as mutually agreed by the Director and the CMAR firm. 83.05 FEES FOR ADDITIONAL SERVICES The CMAR firm may be authorized to perform Additional Services for which additional compensation and/or Reimbursable Expenses, as defined in this Agreement under Article A4 and B3.03 respectively, may be applicable. The CMAR firm shall utilize the Work Order Proposal Form and worksheets, which can be found on the City's Webpage at https://www.miamigov.com/Government/Departments- Organizations/Office-of-Capital-Improvements. Construction Manager at Risk Services for 33 RFP No. 21-22-O01-R West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVECES AGREEMENT - EXHIBIT 1 The webpage also provides the procedures for completing these forms. Failure to use the forms or follow the procedures will result in the rejection of the Work Order Proposal. B3.05-1 Determination of Fee: The compensation for such services will be one of the methods described herein: mutually agreed upon Lump Sum or Hourly Rate with a Not to Exceed Limit. B3.05-2 Procedure and Compliance: An independent and detailed Notice to Proceed (NTP), and an Amendment to a specific Work Order, shall be required to be issued and signed by the Director for each additional service requested by the City. The NTP will specify the fee for such service and upper limit of the fee, which shall not be exceeded, and shall comply with the City of Miami regulations, including the Purchasing Ordinance, the Consultants' Competitive Negotiation Act, and other applicable laws. B3.05-3 Fee Limitations: Any authorized compensation for Additional Services, either professional fees or reimbursable expenses, shall not include additional charges for office rent or overhead expenses of any kind, including local telephone and utility charges, office and drafting supplies, depreciation of equipment, professional dues, subscriptions, etc., reproduction of drawings and specifications, mailing, stenographic, clerical, or other employees time or travel and subsistence not directly related to a project. For all reimbursable services and Subconsultant costs, the CMAR firm will apply the multiplier of one (1.0) time the amount expended by the CMAR firm. B3.07 PAYMENT RESULTING FROM PROJECT SUSPENSION If a project is suspended for the convenience of the City for more than three months or terminated without any cause in whole or in part, during any Phase, the CMAR firm shall be paid for services duly authorized, performed prior to such suspension or termination, together with the cost of authorized reimbursable services and expenses then due, and all appropriate, applicable, and documented expenses resulting from such suspension or termination. If the Project is resumed after having been suspended for more than three months, the CMAR firm's further compensation shall be subject to renegotiations. ARTICLE B4 PAYMENTS TO THE CMAR FIRM B4.01 PAYMENTS GENERALLY Payments for Basic Services may be requested monthly in proportion to services performed during each Phase of the Work. The Subconsultant fees and Reimbursable Expenses shall be billed to the City in the actual amount paid by the CMAR firm. The CMAR firm shall utilize the City's Invoice Form, which can be found at the end of this document. Failure to submit an invoice(s) within sixty (60) calendar days following the provision of Services contained in such invoice may be cause for a finding of default. Failure to use the City Form will result in rejection of the invoice. B4.02 FOR COMPREHENSIVE BASIC SERVICES For those Projects and Work Orders where comprehensive design services are stipulated, said payments shall, in the aggregate, not exceed the percentage of the estimated total Basic Compensation indicated below for each Phase. B4.03 BILLING - HOURLY RATE Invoices submitted by the CMAR firm shall be sufficiently detailed and accompanied by supporting documentation to allow for proper audit of expenditures. When services are authorized on an Hourly Rate basis, the CMAR firm shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The CMAR firm shall attach to the invoice all supporting data for payments made to and incurred by the Subconsultants engaged on the Project. In addition to the invoice, the CMAR firm shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. B4.04 PAYMENT FOR ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES Payment for Additional Services may be requested monthly in proportion to the services performed. When such services are authorized on an Hourly Rate basis, the CMAR firm shall submit for approval by the Director, a duly certified invoice, giving names, classification, salary rate per hour, hours worked and total charge for all personnel directly engaged on a project or task. To the sum thus obtained, any authorized Reimbursable Services Cost may be added. The CMAR firm shall attach to the invoice all supporting data for payments made to or costs incurred by the Subconsultants engaged on the project or task. In addition to the invoice, the CMAR firm shall, for Hourly Rate authorizations, submit a progress report giving the percentage of completion of the Project development and the total estimated fee to completion. Construction Manager at Risk Services for 34 RFP No. 21-22-001-R West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 S4.05 DEDUCTIONS No deductions shall be made from the CMAR firm's compensation on account of liquidated damages assessed against contractors or other sums withheld from payments to contractors. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ./Aic Construction Manager at Risk Services for 35 RFP No. 21-22-001-R West End Park - District 4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B - COMPENSATION AND PAYMENTS SCHEDULE B1 - WAGE RATES SUMMARY JOB CLASSIFICATION NEGOTIATED HOURLY RATE ADJUSTED AVERAGE HOURLY RATE (2.9 Home Multiplier Applied) ADJUSTED AVERAGE HOURLY RATE (2.4 Field Multiplier Applied) James Armstrong - Principal* $173.07 Ben Guanefla - Project Manager $118.62 Eric Hynes - Construction Manager $129.51 Scott Larson - Cost Estimator $111.36 (*) Flat rate, no multipliers applied. END OF SECTION Construction Manager at Risk Services for 36 West End Park - District 4 RFP No. 21-22-001-E1`-' DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CONSTRUCTION MANAGER AT RISK SERVICES AGREEMENT - EXHIBIT 1 ATTACHMENT B COMPENSATION AND PAYMENTS SCHEDULE B2 - CMAR FIRM INVOICE CITY OF MIAMI ag .. OFFICE OF CAPITAL IMPROVEMENTS per) CONSULTANT STANDARD INVOICE - - r :at/ ATTN_ Frara NOTENOTE ,:itean- , Of 5ce of Captal 1iprc *menu F OCI } 444 SW 2nd Ague - ath F3ocr Nl®ni. FL 33130 IJr. 4 3 Nerriaer Mots nx;e: Page: 1m.orca Psrto2 Ccetract NO= Contact Tttle: Prot -act Na.: Fsetect NNW purchase Omer Nr3,i WillitOWE( Na: Month GC, ONO Pram To: t CAINeip, MOD Von:hCs'.,, Cn'C tmoica.ficstro.C:--:Lu:.FHrt w.u.-NwrICI m.'Meal eanK.aEL:, P%p e;lenc. aaarry to Neel Mryer7 CO* Exn rM_;:s„kar be rots et a Pmitre A II% Arm r sncrdtee -.. .,."xfele hitlitAl0.w«....fam 01,41 iN.e a. CTAL EARNED - _: , r: E CONTRACT AMOUNT %COAPLETE TTC CATE Pti>cY1DU3LY1NY0iCEC CURRENT INVOICE AMOUNT . _,. Et: - . - r.-retiNt n ear; Dr-..e CarGRt:=- _ r:1ec - ._ = - _ ._ aCei3Di - x.-e,- .,C -_-- 7 .c --_-. r,-cc E-x-rc_ Zacuurr I Z•G J._..e..- =-a:* •._--.._::-,- 5 - s - 3 S - a - - 7 S - S S5 a5 - - - - - .: -: - - - - - -- 5 - 5 - 5 - 3 - 3 - 3 - 13 _ 5 - 3• 5 - 3 - - S - S - 3 - 5 - 55 - 5 - 5 - 3 - S - 5 - 3 - 5 - 5 - 3 - S - a mem 5 - - _S _ 5 - 5 - 5 - S - 5 - 5 - S - S - 3 5 - 5 - 5 - 5 - 3 - j S - 5 - 3 - =r"` _ _. _ -._ $ - 5 - 3 5 - 5 - 5 - 5 - 5 - 5 - 3 - S - S - 5 - S - S S - S - 5 $ - 5 - 5 - 5 _ 5 - 3 TOTAL PutM to INIR 1DWACe Hemalming Contract 3aianrs: $ - 3 - $__ - I5 - Salt>mta: 5 _ S - DedUCEOnr: To -al Dus : $ TO BE CCMPE T5_ED IS LCH-64.+LTi W T Fi i'Ai cCERTFlEC TRUE.IND•2CRt CT SY. ELP0F:7 NC EC.2tINENTS LeiELALgiT. - - SuppU rw. Donmerartr Irt nra Contuerier. &MIA Rsxrr PAN PsyeiNtO--= - Agalat nli 38dVlra /.rrw urr _ ,Epr.A,re ulPrry } ,',pc `Jett and , et YIT-Yftegall CITY OF AIWA APPRROVaL- AREA TO BECOUPLETEDEYCITY OFNIIiM - - - GATE SIGNATURE Die Per-veo :F, I I rge L. Mora De:entee.M tr Pe,r.rtP cte:ra 3WCe:=._..-xt,ert: -4ctor Ex,a NyT7�e:, y..a _ate! r4f.tarx0 33,t Construction Manager at Risk Services for West End Park - District 4 37 RFP No. 21-22-001-77 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Procurement Dept DEPT. CONTACT PERSON: Fernando Ponassi/Luis Caseres NAME OF OTHER CONTRACTUAL PARTY/ENTITY: EXT. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: FUNDING INVOLVED? ■❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) City Manager Memo, ❑■ YES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY) RFP 21-22-001-R - Recommendation for Award of Contract for RFP 21-22-001-R, Construction Manager at Risk Services for West End Park - D4, Project No. 40-B183505 COMMISSION APPROVAL DATE: FILE ID: N/A ENACTMENT NO.: N/A IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date Signature/Print APPROVAL BY DEPARTMENTAL DIRECTOR REviewed by FVP. OK to proceed. February 23, 20'�3 nle ir��:3 ESTuSigned by: SUBMITTED TO RISK MANAGEMENT N/A Ann -Marie Sharpe 89540EB73CAC468... N/A SUBMITTED TO CITY ATTORNEY N/A Victoria Mendez N/A APPROVAL BY BUDGET OFFICE N/A Marie Gouin N/A APPROVAL BY ASSISTANT CITY MANAGER March 1, 2023 rafiNfL EcT DocuSigned by: APPROVAL BY DEPUTY CITY MANAGER March 6, 2023 Nzeribe Ihekw I 11:07:43 E 6054D a DocuSigned by: T Ppik, kawatia 5F9436AFE46488... RECEIVED BY CITY MANAGER March 6, 2023 IACthurtB1DY DocuSignedby: a let(Wr Wilt F6t377E7U42A... SUBMITTED TO AND ATTESTED BY CITY CLERK N/A Todd Hannon N/A 1) ONE ORIGINAL TO CITY CLERK 2) ONE COPY TO CITY ATTORNEY'S OFFICE 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER PR 23039 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE TO: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V, City Manager FROM: Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement DocuSigned by: C-4- 89540EB73CAC468... DATE: February 23, 2023 FILE: SUBJECT: Recommendation for Award of Contract for Request for Proposals ("RFP") No. 21- 22-001-R, Construction Manager at Risk Services for West End Park - D4, Project No. 40-B183505 REFERENCES: RFP No. 21-22-001-R ENCLOSURES: Report of Evaluation Committee Memorandum, Proposal Security List, Proposer's Final Fee Proposal RECOMMENDATION: Based on the findings below, the Department of Procurement ("Procurement") hereby recommends that the referenced Project be awarded to James B. Pirtle Construction Company, Inc. d/b/a Pirtle Construction Company (Pirtle), for RFP No. 21-22-001-R, Construction Manager at Risk Services for West End Park - D4 ("Project"). Pirtle shall provide comprehensive Construction Manager at Risk (CMAR) services as set forth in the tasks enumerated in the Professional Services Agreement ("PSA") for Pre -Construction Services to be executed between Pirtle and the City of Miami ("City"). Services by Pirtle will be performed under the direction of the City's Office of Capital Improvements ("OCI") project management staff, on behalf of the Department of Parks & Recreation ("Parks"). Upon completion of the aforementioned Pre -Construction Services, and at the sole discretion of the City, Pirtle may be asked to furnish the City with a Guaranteed Maximum Price ("GMP") for the construction of the Project. The GMP is intended to place restrictions in change order requests, and to minimize, or eliminate, additional costs to the City. The PSA approved under this recommendation may be amended to allow Pirtle to provide full CMAR services throughout the construction of the Project. FISCAL IMPACT The potential fiscal impact to the City for the negotiated contract is $74,500.00, inclusive of Basic Services in the amount of $65,000.00, an allowance for Reimbursable Expenses in the amount of $3,000.00, and a 10% Owner's Contingency Allowance in the mount of $6,500.00. BACKGROUND: On February 25, 2022, Procurement issued RFP No. 21-22-001 for the provision of CMAR services for the Project, on behalf of Parks. On March 28, 2022, Procurement received two (2) proposals from Recreational Design and Construction, Inc. and Link Construction Group in response to this solicitation. Subsequently, the proposals were reviewed by Procurement staff, and upon completion of its due diligence effort, both proposals were deemed non -responsive to the minimum qualifications and experience requirements of the RFP. Neither Proposer met the requirement of having a Project Manager with Project Management certification issued by the Project Management Institute (PMI). As a result, both Proposers were sent a Letter of Non -Responsiveness on May 23, 2022. P R23039 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Page 2 - Recommendation of Award of a PSA for RFP 21-22-001-R, Construction Manager at Risk Services for West End Park - D4 Arthur Noriega V, City Manager Subsequently, Procurement and Parks held an Industry Day on June 28, 2022, at the project site in order to give potential proposers an opportunity to provide feedback on the intended minimum qualifications and experience requirements. Said requirements were significantly lowered from the ones set forth in the original solicitation, in order to encourage higher turnout and wider participation from the industry at large. After a deliberate and comprehensive discussion of the revised requirements between the City staff and the audience, a new RFP was drafted incorporating the revised requirements and was scheduled for advertisement. On July 15, 2022, Procurement issued RFP No. 21-22-001-R for the provision of the aforementioned CMAR services. On August 31, 2022, Procurement received one (1) proposal from Pirtle in response to this solicitation. Subsequently, the sole proposal was reviewed by Procurement staff, and upon completion of its due diligence effort, it was deemed responsive and responsible in accordance with the minimum qualification and experience requirements of the RFP. On November 9, 2022, an Evaluation Committee ("Committee") appointed by the City Manager on October 7, 2022, met to complete the Step 1 evaluation of the sole responsive and responsible proposal, following the guidelines stipulated in the solicitation. The Committee decided to waive Step 2 proceedings as it was determined that the information included in the sole proposal regarding qualifications and past experience of the firm was sufficient to make such a determination. As a result, the Committee recommended the City Manager to authorize negotiations of a PSA with Pirtle. On January 3, 2023, the City Manager approved the commencement of negotiations with Pirtle. Shortly afterwards, Procurement was advised that Ms. Barbara Hernandez, at the time the Parks Director and a member of the appointed Negotiations Committee for the subject RFP, had resigned from City service. As a result, Procurement requested Parks to nominate a candidate to replace Ms. Hernandez, and Ms. LaCleveia Morley, Assistant Director of Administration, was proposed as the replacement member. On February 8, 2023, the City Manager authorized the proposed replacement. The Negotiations Committee met on January 30, 2023, and on February 16, 2023, to discuss and evaluate Pirtle's Fee Proposal for Pre -Construction Services. After extensive deliberations, the Negotiations Committee approved the proposal from Pirtle, and recommended the award of the contract to the firm on February 22, 2023. Based on the above findings, Procurement hereby recommends the award of a PSA to Pirtle to provide Pre -Construction Services for the Project. Pursuant to Resolution R-19-0187, approved by the City Commission on May 9, 2019, amending Section 18-117, "Economic Stimulus Awards and Agreements" of the City Code (copy attached), the City Manager has delegated authority to award this contract and execute the ensuing agreement. Your signature below indicates your approval of Procurement's recommendation. Approved: DocuSigned by: argukr Novit y, e,er C37" D 2A... Arthur Noriega V, City Manager Date: March 6, 2023 1 15:48:17 EST c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Natasha S. Colebrook -Williams, Assistant City Manager Pablo R. Velez, Sr. Assistant City Attorney Hector Badia, Interim Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable City of Miami Commissioners and Honorable Mayor of the City of Miami FROM: Arthur Noriega V City Manager ,—DocuSigned by: argUAr Norm. `— 850CF6C372D D42A... DATE: December 5, 2022 SUBJECT: Report of Evaluation Committee for Request for Proposals (RFP) No. 21-22- 001-R, Construction Manager at Risk Services for West End Park - D4 for the Department of Parks & Recreation ENCLOSURES: Report of Evaluation Committee In accordance with Section 18-87 (i) of the City of Miami Code, attached please find the Report of the Evaluation Committee for subject solicitation. AP: ah c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Natasha Colebrook -Williams, Assistant City Manager Pablo R. Velez, Sr. Assistant City Attorney Barbara Hernandez, Director, Parks Hector Badia, Interim Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR23029 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V DATE: December 5, 2022 FILE: City Manager Annie Perez, CPPO Director of Procurement/Chief Procurement Officer f DocuSigned by: `— 89540 E B 73 CAC468... SUBJECT: Report of Evaluation Committee for Request for Proposals (RFP) No. 21-22- 001-R, Construction Manager at Risk Services for West End Park - D4 for the Department of Parks & Recreation REFERENCES: RFP No. 21-22-001-R ENCLOSURES: Response Security List, Evaluation Committee Appointment Memorandum, and Evaluation Committee Score Sheets and Tabulation BACKGROUND On February 25, 2022, the City of Miami ("City") Department of Procurement ("Procurement") issued Request for Proposals ("RFP") No. 21-22-001 for the provision of Construction Manager at Risk (CMAR) Services for West End Park - D4 ("Project"), on behalf of the Department of Parks and Recreation ("Parks"). On March 28, 2022, Procurement received two (2) proposals from Recreational Design and Construction, Inc. and Link Construction Group in response to this solicitation. Subsequently, the proposals were reviewed by Procurement staff, and upon completion of its due diligence effort, both proposals were deemed non -responsive to the minimum qualifications and experience requirements of the RFP. Neither Proposer met the requirement of having a Project Manager with Project Management certification issued by the Project Management Institute (PMI). As a result, both Proposers were sent a Letter of Non -Responsiveness on May 23, 2022. Subsequently, Procurement and Parks held an Industry Day on June 28, 2022, at the project site in order to give potential proposer an opportunity to provide feedback on the proposed minimum qualifications and experience requirements. Said requirements were significantly lowered from the ones set forth in the original solicitation, in order to encourage higher turnout and wider participation from the industry at large. After a deliberate and comprehensive discussion of the revised requirements between the City staff and the audience, a new RFP was drafted incorporating the revised requirements and was scheduled for advertisement. On July 15, 2022, Procurement issued RFP No. 21-22-001-R for the provision of the aforementioned CMAR services. On August 31, 2022, 2021, Procurement received one (1) proposal from Pirtle Construction Company ("Pirtle) in response to this solicitation. Subsequently, the sole proposal was reviewed by Procurement staff, and upon completion of its due diligence effort, it was deemed responsive and responsible in accordance with the minimum qualification and experience requirements of the RFP. DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Page 2, RFP No. 21-22-001-R, Construction Manager at Risk Services for West End Park - D4 Arthur Noriega V, City Manager SUMMARY OF EVALUATION While governed by Florida Statutes Sections 287.055 and 255.103, the typical selection of construction management entity may be comprised of two (2) steps: Step 1 "Evaluation of Qualifications and Experience," and Step 2 "Evaluation of Technical Proposals/Oral Presentations." On November 9, 2022, an Evaluation Committee ("Committee") appointed by the City Manager on October 7, 2022, met to complete the Step 1 evaluation of the sole responsive and responsible proposal, following the guidelines stipulated in the solicitation. Accordingly, the proposals were evaluated pursuant to the five (5) evaluation criteria listed below: Maximum Points Evaluation Criteria Step 1 (Per Committee Member) Proposer's Qualifications and Experience 25 Proposer's Past Performance 25 Proposer's Project Manager's Qualifications and Experience 20 Proposer's Team Members Qualifications and Experience 15 Construction Management Process/Technical Capabilities and Approach 15 Total Points Per Committee Member 100 Due to the potential utilization of non -local funding sources to compensate the selected CMAR under contract, the standard fifteen percent (15%), participation of Small Business Enterprise ("SBE") firms was not required. The individual scores awarded by the Committee are shown below. The qualitative score was as follows: Proposing Firm Qualitative Points (Maximum 500 points) 1. Pirtle Construction Company 477 (95%) The Committee decided to waive Step 2 proceedings as it was determined that the information included in the sole proposal regarding qualifications and past experience of the firm was sufficient to make such a determination. Therefore, as set forth in the RFP, the files containing the Pirtle's Pre -Construction Phase Lump Sum Fee Proposal and Construction Management Multiplier were opened at the end of the scoring session. Subsequently, the two pricing elements were factored into the overall scores awarded by the Committee following the guidelines established in the RFP document, resulting in the following final score: Proposing Firm Qualitative + Pricing Points (Maximum 625 points) 1. Pirtle Construction Company 602 (96%) Consequently, the Committee voted unanimously to recommend to the City Manager that negotiations of a professional services agreement ("PSA") be initiated with Pirtle. The tabulation and individual Committee member score sheets for the Step 1 proceedings are attached as supporting documentation. PR23028 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Page 3, RFP No. 21-22-001-R, Construction Manager at Risk Services for West End Park - D4 Arthur Noriega V, City Manager RECOMMENDATION The Committee hereby requests authorization for Procurement, in collaboration with the nominated Negotiations Committee, Mses. Hernandez and Osborne with Parks, and Mr. Jorge Mora from the Office of Capital Improvements (OCI), to commence negotiations of a PSA to provide Pre -Construction Services for the Project. Once the Pre -Construction Services phase is completed, the City reserves the right to request Pirtle to propose a Guaranteed Maximum Price (GMP). If accepted, the PSA will be amended to reflect the full CMAR services to be rendered by Pirtle. APPROVED: DATE: DocuSigned by: grOthr NOriLla �S P4GA... Arthur onega V City Manager January 3, 2023 1 10:29:56 EST c: Nzeribe Ihekwaba, PhD, PE, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Natasha Colebrook -Williams, Assistant City Manager Pablo R. Velez, Sr. Assistant City Attorney Barbara Hernandez, Director, Parks Hector Badia, Interim Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR23028 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE TO: CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Arthur Noriega V City Manager FROM: Annie Perez, CPPO Director/Chief Procurement Officer DocuSigned by: 89540EB73CAC468... DATE: October 5, 2022 SUBJECT: Appointment of Evaluation Committee for Request for Proposals (RFP) No. 21-22-001-R Construction Manager at Risk Services for West End Park - D4 REFERENCES: RFP No. 21-22-001-R The Department of Procurement ("Procurement"), on behalf of the Department of Parks and Recreation ("Parks"), issued RFP No. 21-22-001-R on July 15, 2022, for Construction Manager at Risk Services for West End Park - D4 ("Project"). It is respectfully requested that you approve the appointment of the following individuals to serve as members of the Committee to evaluate and score proposals that were received on August 15, 2022. The Project is included on the Expedite List of projects issued on July 23, 2020, as amended. Consequently, pursuant to Section 18-117 of the Code of the City of Miami, titled "Economic Stimulus Awards and Agreements," the requirements stipulated in subsection 18-542(12) that the majority of evaluation committees be from the public, are hereby removed. Each proposed member has the requisite knowledge and experience to evaluate the proposals pursuant to the RFP. Chairperson (non -voting) Fernando V. Ponassi, Assistant Director, Procurement, City of Miami ("COM") City of Miami Committee Members (voting) Barbara Hernandez, CPRP, Director, Parks and Recreation (P&R), COM Jorge Mora, Assistant Director, Office of Capital Improvements (OCI), COM Ryan Shedd, Principal Planner, Office of Planning, COM Latoya Osborne, Special Projects Coordinator, (P&R), COM External Committee Member (voting) Ivan Marroquin, RA, LEED®AP, Architect III, Parks, Recreation, and Open Spaces Department, Miami -Dade County Alternate Committee Members Omar Bayona, Superintendent, Recreational Facilities, (P&R), COM Fabiola Dubuisson, Sr. Project Manager, OCI, COM APPROVED: AP: fvp DocuSigned by: avguAr Nbvitlt r ni5ur i onega V, City Manager Date October 7, 2022 1 11:08:09 EDT c: Nzeribe Ihekwaba, PE, PhD, Deputy City Manager Larry Spring, CPA, Assistant City Manager/Chief Financial Officer Pablo R. Velez, Sr. Assistant City Attorney Barbara Hernandez, CPRP, Director, Parks Hector Badia, Interim Director, OCI Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, Procurement PR22214 .itgr x f � ixmt STEP 1 MEETING SIGN -IN SHEET REQUEST FOR PROPOSALS (RFP) NO. 21-22-001-R CONSTRUCTION MANAGER AT RISK SERVICES FOR WEST END PARK - D4 Meeting Date: November 9, 2022, 2:30 p.m. Representative (Please print clearly) Company's Name Phone Number Email Address LO1 DLjC DS I0012-n 1v ,J I i 4 C A\ OCT_ coyvk, 76.{.2Y, Porz-s 1)-epca9-rntn4 C E \ 00 0 m m 0 0 c D m m 0) 0 0 0 0 0) W 0 0 T o(n T 0 00 _ t . 0' , 600 _Cc 30-5"--%; dtu nLn d 1.--rOS ti p 100 [Cif q ov- corn -Lit&-13!S" LI F_c.4 C (4141 ik-kewiibuktrAtfya- DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Proposals (RFP) No. 21-22-OO1-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Construction Manager at Risk Services for West End Park - D4, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. 1 understand that this Ordinance precludes me from, among other things, soliciting, accepting or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or ethers; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen --month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that 1 have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Corninittee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: r ?X3trck f,n U� embers Signature Member's Name (Print) Member's Title Da - DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Proposals (RFP) No. 21-22-001-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Construction Manager at Risk Services for West End Park - D4, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. I understand that this Ordinance precludes me from, among other things, soliciting, accepting or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any inember of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: t jF 130 r.1 Menber's Signature Member's Name (Print) `)pf 1e f ) j-U-!5 ( r ye, Member's Title J, 1 r=T I 20'1' - Date DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Proposals (RFP) No. 21-22-001-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Construction Manager at Risk Services for West End Park - D4, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. I understand that this Ordinance precludes me from, among other things, soliciting, accepting or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, o r for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: r Member's Signature OCT Member's Title _ < . ��,Ct: �j0 - Meer's Name (Print) 1! %. Date DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Proposals (REP) No. 21-22-001-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the EvaIuation/Selection Committee to evaluate proposals for Construction Manager at Risk Services for West End Park - D4, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-11.1 of the Code of Miami -Dade County. I understand that this Ordinance precludes ire from, among other things, soliciting, accepting or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor, I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: �f ti Member's Signature Member's Name (Print) 1 Menmber's Title Date DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE EVALUATION/SELECTION COMMITTEE MEMBER CONFLICT OF INTEREST DISCLOSURE FORM Request for Proposals (RFP) No. 21-22-001-R (Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 of the Code of Miami -Dade County As a member of the Evaluation/Selection Committee to evaluate proposals for Construction Manager at Risk Services for West End Park - D4, I acknowledge that I will comply with the Conflict of Interest and Code of Ethics Ordinance, Sec. 2-I I.I of the Code of Miami -Dade County. I understand that this Ordinance precludes me from, among other things, soliciting, accepting or agreeing to accept any gift as a result of my service on the Committee; from exploiting my position to secure special privileges or exemptions for myself or others; and from disclosing confidential information acquired by reason of my Committee service, or utilizing such confidential information for my personal gain or benefit, or for gain or benefit of any immediate family member. I certify that I do not control or direct any financial or other interest held personally or on behalf of any member of my immediate family (spouse, domestic partner, parents, stepparents, children and stepchildren) in any vendor or affiliate of any vendor under consideration by this Committee, including any proposed subcontractor. I certify that to the best of my knowledge none of the owners, officers or employees of the proposers for this solicitation was my immediate supervisor during the preceding eighteen -month period. I certify to the best of my knowledge that I, and the members of my immediate family, are not now employed by and have not been employed by any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor. I certify that I have not been employed by any of the proposers during the preceding period of twenty-four months. I certify that I have not, and will not, have any communications regarding this solicitation to the extent prohibited by the "Cone of Silence." I certify to the best of my knowledge that I have not had discussions, conversations, offers, agreements or arrangements for future employment with any entity or affiliate of such entity under consideration by this Committee, including any proposed subcontractor. I certify to the best of my knowledge that I have not solicited or accepted, nor will solicit or accept, gratuities, favors or anything of value with respect to the above referenced solicitation. I certify to the best of my knowledge that I have no business interest of any kind with any vendor or affiliate of such vendor under consideration by this Committee, including any proposed subcontractor, which might appear to create a conflict of interest except as noted below: Member's Signature \'J M4 ..-t4y, J L) Member's Name (Print) Member's Title Date EVALUATION COMMITTEE MEETING Wednesday, November 9, 2021 Department of Procurement Request for Qualifications (RFQ) No. 21-22-001-R Construction Manager at Risk Services for West End Park - D4 Arthur Noriega, V, City Manager Annie Perez, CPPO, Director of Procurement Barbara Hernandez, Director, Parks EVALUATION COMMITTEE MEMBERS SUB -TOTAL QUALITATIVE SCORES TOTAL QUALITATIVE SCORES QUALITATIVE RANKING FIVE BONUS POINTS - SBE PARTICIPATION (CITY OF MIAMI SBEs) TOTAL SCORES (WITH BONUS POINTS) FINAL RANK Barbara Hernandez, Director, Department of Parks and Recreation, City of Miami Jorge Mora, Assistant Director, Office of Capital Improvements, City of Miami Ryan Shedd, Principal Planner, Department of Planning, City of Miami Layota Osborne, Special Projects Coordinator, Department of Parks and Recreation, City of Miami Ivan Marroquin, RA, LEED®AP, Architect III, Department of Parks, Recreation and Open Spaces, Miami -Dade County TABULATION SHEET RFP No. 21-22-001-R NAME OF FIRM(S) 1 Pirtle Construction Company 1A - Proposers Qualifications and Experience (Max. 25 points) 24 23 25 25 25 122 2A - Proposers Past Performance (Max. 25 points) 23 20 24 20 25 112 3A - Proposers Project Managers Qualifications and Experience (Max. 20 points) 20 17 19 20 20 96 4A - Proposers Team Members Qualifications and Experience (Max. 15 points) 15 13 14 15 15 72 5A - Construction Management Process/Technical Capabilities and Approach (Max. 15 points) 15 15 15 15 15 75 Qualitative Scores 97 88 97 95 100 477 1 477 1 Tie Breakers = Sub -Total Qualitative Points for 1A, 2A, 3A, 4A, and 5A in that order. 477 95% Pre -Construction Services Fee 5 5 5 5 5 25 CM Multiplier 20 20 20 20 20 100 Adjusted Scores 122 113 122 120 125 602 1 602 1 96% Chairperson: Fernando V. Ponassi, Assistant Director, A&E + Construction Services 0 0 0 m CD Cr) -a CD 0 co co co m rn cn cn 0 a co 0) W 0 O - n cn co co O 0 co 0 m Page 1 of 1 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE RFQ NO. 21-22-001-R Construction Manager at Risk Services for West End Park - D4 EVALUATION OF PROPOSALS Barbara Hernandez, Director, Department of Parks and Recreation, City of Miami EVALUATION PROPOSERS CRITERIA Maximum Points Pirtle Construction Company Proposer's Qualifications and Experience 25 al Proposer's Past Performance 253 3 Proposer's Project Manager's Qualifications and Experience 20 Proposer's Team Members Qualifications and Experience 15 �-' Construction Management Process/Technical Capabilities and Approach16 15 TOTAL POINTS 100 Tit -- SIGN PRINT N 6)r-b �r 4-ef n(ArL/L 10/18/2022 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE RFQ NO. 21-22-001-R Construction Manager at Risk Services for West End Park - D4 L�l-c%A EVALUATION OF PROPOSALS -Layo Osborne, Special Projects Coordinator, Department of Parks and Recreation, City of Miami EVALUATION PROPOSERS CRITERIA Maximum Points I Pirtle ' Construction Company Proposer's Qualifications and Experience 25 z Proposer's Past Performance 25 2 (,� Proposer's Project Manager's Qualifications and Experience 20 Proposer's Team Members Qualifications and Experience 15 IC - Construction Management Process/Technical Capabilities and Approach 15 TOTAL POINTS 100 SIGNATURE: PRINT NAME: L TT D Bc� !v�� 10/18/2022 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE RFQ NO. 21-22-001-R Construction Manager at Risk Services for West End Park - D4 EVALUATION OF PROPOSALS Jorge Mora, Assistant Director, Office of Capital Improvements, City of Miami EVALUATION PROPOSERS CRITERIA Maximum Points Pirtle Construction Company Proposer's Qualifications and Experience 25 0 5 Proposer's Past Performance 25 0 Proposer's Project Manager's Qualifications and Experience 20 i Proposer's Team Members Qualifications and Experience 15 1 Construction Management Process/Technical/ Capabilities and Approach 15 -� TOTAL POINTS 100 Ss') - SIGNATURE: PRINT NAME: 0 141 //2 10/18/2022 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE RFQ NO. 21-22-001-R Construction Manager at Risk Services for West End Park - D4 EVALUATION OF PROPOSALS Ryan Shedd, Principal Planner, Department of Planning, City of Miami EVALUATION PROPOSERS CRITERIA Maximum Points Pirtle Construction Company Proposer's Qualifications and Experience 25 -,A-5- Proposer's Past Performance 25 .2 q Proposer's Project Manager's Qualifications and Experience 20 rt Proposer's Team Members Qualifications and Experience 15 ,i Construction Management Process/Technical Capabilities and Approach 15 TOTAL POINTS 100 f SIGNATURE: PRINT NAME: 10/18/2022 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE RFQ NO. 21-22-0O1-R Construction Manager at Risk Services for West End Park - D4 EVALUATION OF PROPOSALS Ivan Marroquin, RA, LEED®AP, Architect III, Department of Parks, Recreation and Open Spaces, Miami -Dade County EVALUATION PROPOSERS CRITERIA Maximum Paints Pirtle Construction Company Proposer's Qualifications and Experience 25 2. 5 Proposer's Past Performance 25 Proposer's Project Manager's Qualifications and Experience 24 20 Proposer's Team Members Qualifications and Experience 15 l `' Construction Management Process/Technical Capabilities and Approach 15 1.� TOTAL POINTS 100 l U SIGNATURE: is PRINT NAME: 1�ik4Q M.Pkittio C 10/18/2022 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE RFP NO. 21-22.001-R CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES FOR WEST END PARK - D4 PRE -CONSTRUCTION PHASE FEE PROPOSAL - FORM 19 Proposer: James B. Pirtle Construction Company, Inc. d/b/a Pirtle Construction Company Federal Employer Identification Number: 59-1211364 Address: 500 West Cypress Creek Road, Suite 100 City/State/Zip Code: Fort Lauderdale, FL 33309 Please refer to Sections 1.8 and 4,1.B of the RFP. The CMAR firm shall provide a detailed proposal as to how it will approach and perform the scope of services for the Pre -Construction Phase. PRICE PROPOSAL FOR PRE -CONSTRUCTION PHASE: Sixty-five Thousand (insert Written Amount) Dollars, $ 65,000.00 (Insert Amount in Figures) CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of James B. Pirtle Construction tioCompany, Pirtle Construction acor oration organized and existing under the laws of the State of Florida , held on the I l day of " 101)3a resolution was duly passed and adopted authorizing (Name)Michael Geary as (Title) President of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. l further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 31 day of August 2022 6( Secretary: c-'`^ Print: Darrell Darrell Lipman, Secretary DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 Signed: Print STATE OF FLORIDA NOTARIZATION ) SS: COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 3 / day of August 2022 by Parr e / 1 G. 4 F , who is personally known to me or who has produced as identification and who (did / did no) take an oath. ._,,A064-e., --74---9-tv SIGNATURE OF NOTARY PUBLI STATE OF FLORIDA Commission 1 GG JR. ,42 279335 Expires Ua►Ch 24, 2023 "1.i:f o••' Bar+dedTon Tray Fig 'anaanco50O-85-7Oi9 PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE REP NO. 21-22-001-R CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES FOR WEST END PARK - D4 CM FEE MULTIPLIER FOR CONSTRUCTION PHASE PROPOSAL - FORM 20 Proposer: James B. Pirtle Construction Company, Inc. d/b/a Pirtle Construction Company Federal Employer Identification Number: 59-1211364 Address: 500 West Cypress Creek Road, Suite 100 City/State/Zip Code: Fort Lauderdale, FL 33309 Please refer to Sections 1.8 and 4.1.B of the RFP. The CMAR firm shall provide a detailed proposal as to how it will approach and perform the scope of services for the Construction Phase. CM FEE MULTIPLIER FOR CONSTRUCTION PHASE: 1 .07 CERTIFICATE OF AUTHORITY (IF CORPORATION OR LLC) I HEREBY CERTIFY that at a meeting of the Board of Directors of Pirtle Construction Company, a corporation organized and existing under the laws of the State of FL , held on the day of�ja resolution was duly passed and adopted authorizing (Name)Michael Geary as (Title) President of the corporation to execute agreements on behalf of the corporation and providing that their execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. further certify that said resolution remains in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 3 day of August 2022 C Secretary: Print: Carrell Lipman, Secretary DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/b/a) (If Applicable) have executed and am bound by the terms of the Agreement to which this attestation is attached. 20 IN WITNESS WHEREOF, I have hereunto set my hand this day of Signed: Print: STATE OF Florida NOTARIZATION SS: COUNTY OF Broward ) The foregoing instrument was acknowledged before me this 3 1 day of August , 20 22 , by 9 c rThr e I / p riicvt., , who is personally known to me or who has produced as identification and who (did / did not) take an oath. Y/tVi-q 11-'1311 SIGNATURE OF NOTARY PUBLIC STATE OF FLORIDA ▪ ROBERTA. HENTSCHEL, JR, • Camrnisssiai I GG 279335 Expires Match 24, 2023 ",,°r.fgos. Beaded T}yu Vary Fa hs ce 800-85.7819 PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE REQUEST FOR PROPOSALS (RFP) CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES FOR WEST END PARK - D4 RFP NUMBER 21-22-001-R ISSUE DATE JULY 15, 2022 VOLUNTARY VIRTUAL PRE -PROPOSAL CONFERENCE JULY 22, 2022 11:00 a.m. ADDITIONAL INFORMATION AND CLARIFICATION DEADLINE JULY 29, 2022 5:00 p.m. PROPOSAL SUBMISSION DUE DATE ON BIDSYNC AUGUST 15, 2022 5:00 p.m. CONTACT Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP Assistant Director, A&E and Construction Services Department of Procurement City of Miami 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Office: (305) 416-1895 Email: FPonassi@miamigov.com DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE TABLE OF CONTENTS PUBLIC NOTICE SECTION 1 INTRODUCTION TO REQUEST FOR PROPOSALS (RFP) SECTION 2 RFP SCOPE OF SERVICES SECTION 3 RFP GENERAL CONDITIONS SECTION 4 INSTRUCTIONS FOR SUBMITTING A RESPONSE SECTION 5 EVALUATION AND SELECTION PROCESS SECTION 6 RFP RESPONSE FORMS Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Tan of Alx mi PUBLIC NOTICE RFP NO. 21-22-001-R CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES FOR WEST END PARK - D4 Completed Proposals must be submitted through BidSync Electronic Bidding System ("BidSync") by 5:00 p.m. on August 15, 2022 ("Response Submission Due Date"). Any Responses received after the above date and time, or delivered to a different address or location, will not be considered. Request for Proposals ("RFP") documents may be obtained through BidSync on or after July 15, 2022. It is the sole responsibility of all Proposers to ensure the receipt of all addenda. Therefore, it is recommended that firms periodically check the BidSync page for this RFP for updates and the issuance of addenda. The Department of Procurement ("Procurement") has scheduled a Voluntary Virtual Pre -Proposal Conference, which will occur on July 22, 2022, at 11:00 a.m. EST, accessible at the following Microsoft Teams Meeting link or by dialing +1 786-598-2961, Conference ID 625 679 525#. Any Proposers not attending the Pre -Proposal Conference will not be precluded from submitting a proposal. PROPOSERS ARE ADVISED THAT PROPOSALS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS, EXPERIENCE, AND SUBMISSION REQUIREMENTS OF A REQUEST FOR QUALIFICATIONS ("RFP"), REQUEST FOR PROPOSALS ("RFP"), INVITATION TO BID ("ITB"), INVITATION FOR BIDS ("IFB"), INVITATION TO QUOTE ("ITQ"), REQUESTS FOR LETTERS OF INTEREST ("RFLI"), AND REQUEST FOR SPONSORSHIPS ("RFS") SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. ANY SOLICITATION ISSUED AFTER MAY 28, 2021, SHALL COMPLY WITH APM 2-19. APM 2-19 IS EXPRESSLY INCORPORATED BY REFERENCE AND MADE A PART OF THIS SOLICITATION AS IF SET FORTH IN FULL. ONLY MINOR IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES MAY BE ALLOWED TO BE TIMELY CURED BY PROPOSERS AT THE SOLE DISCRETION OF THE CITY. MATERIAL IRREGULARITIES, DEFICIENCIES, AND TECHNICALITIES CANNOT BE CURED BY THE PROPOSER, AND ARE NOT WAIVABLE BY THE CITY. THIS SOLICITATION IS SUBJECT TO THE "CONE OF SILENCE" IN ACCORDANCE WITH SECTION 18-74 OF THE CITY OF MIAMI CODE. Arthur Noriega V, City Manager Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE REFERENCE DOCUMENTS The below referenced documents in this RFP are being provided for reference and general information and are being incorporated into and are being made part of the RFP, the contract documents or any other documents that are connected or related to this Project, except as otherwise specifically stated herein. No information contained in these referenced documents shall be construed as a representation of any current field condition or any statement of facts upon which the Construction Manager at Risk, hereinafter referred to as either "successful Proposer" or "CMAR," can rely upon in the performance of this contract. All information contained in these referenced documents must be verified by a proper factual investigation. The Proposer agrees that by accepting copies of these referenced documents, any and all claims for damages, time or any other impacts based upon the documents are expressly waived. The documents listed below are hereby incorporated into and made a part of this RFP as though fully set forth herein. STEP 1 - PRE -QUALIFICATION CITY OF MIAMI FORMS - CONSTRUCTION DOCUMENTS PROVIDED BY THE AOR The selection process for this RFP may be comprised of two steps, Step 1 - Pre -Qualification Phase, and Step 2 - Oral Presentations. Step 2 will be held at the sole discretion of the Evaluation Committee (Committee), and solely among Pre -Qualified Firms from Step 1. ■ Step 1 is the evaluation of a Proposer's minimum qualifications and experience based on the teams' completed Proposal. The Committee appointed by the City Manager will attempt to pre -qualify no fewer than three responsive and responsible teams, and by majority vote will determine the maximum number of responsive and responsible teams to be pre -qualified. ■ Step 2 may be requested at the sole discretion of the Committee to allow for Oral Presentations by Pre -Qualified firms from Step 1. Pre -Qualified firms will be invited to further elaborate on their Proposals and may be requested to submit additional information/documentation. The City reserves the right to disqualify any proposal from a team which includes the Prime Consultant, any subconsultant and/or individual who has played a substantial role in the development of construction documents for West End Park, solicited under RFQ No. 19- 20-005. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE SECTION 1 INTRODUCTION TO REQUEST FOR PROPOSALS 1.1 DEFINITIONS Additional Services means any Work defined as such in a Work Order, secured in compliance with Florida Statutes and City Code. Attachments means the Attachments to this Agreement, which are expressly incorporated by reference and made a part of this Agreement as if set forth in full. Base Fee means the amount of compensation mutually agreed upon for the completion of Basic Services. Basic Services means those services designated as such in a Work Order. City Commission means the legislative body of the City of Miami. City Manager means the duly appointed chief administrative officer of the City of Miami. City or Owner means the City of Miami, Florida, a Florida municipal corporation, the public agency that is a party hereto and for which services under this Agreement are to be performed. In all respects hereunder, the City's performance is pursuant to the City's position as the Owner of the Project. In the event the City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws, and ordinances shall be deemed to have occurred pursuant to the City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Agreement. The City of Miami shall be referred to herein as "City." For the purposes of this Agreement, "City" without modification shall mean the City Manager who may delegate certain tasks the Director as defined in Section 1.12. City Risk Manager shall mean the Risk Manager of the City of Miami who heads the Department of Risk Management Commission means the legislative body of the City of Miami. This has the same meaning as City Commission and is an abbreviation. Consultant means the individual, partnership, corporation, association, joint venture, limited liability company, other recognized business entity, or any combination thereof, of properly registered professional architects, or engineers, or surveyors and mappers, as applicable, which has entered into this Agreement to provide professional services to the City. Construction Manager at Risk (CMAR) means a delivery method that entails a commitment by the construction manager to deliver the project within a Guaranteed Maximum Price (GMP), in most cases. The construction manager acts as consultant to the owner in the development and design phases, often referred to as "Preconstruction Services," but as the equivalent of a general contractor during the "Construction Services" phase. Contractor means an individual, partnership, corporation, association, joint venture, or any combination thereof, which has entered into a contract with the City for construction of City facilities and incidentals thereto. Department means or refers to the City of Miami's Office of Capital Improvements ("OCI") formerly known as Capital Improvements and Transportation Program ("CITP"). Director means the Director of the City Department designated herein who has the authority and responsibility for managing the specific project or projects covered under this Agreement. Unless otherwise specified herein or in a Work Order, for this Agreement, the Director is the top administrator of the Office of Capital Improvements or their authorized designee. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE Errors means items in the plans, specifications, or other documents prepared by the Consultant that are shown incorrectly, which results in a change to the Services and results in the need for the Contractor to perform corrective work, rework, or additional work or which causes a delay to the completion of construction. Errors and Omissions means design deficiencies in the plans, specifications or other documents prepared by the Consultant, which must be corrected for the project to function or be built as intended. Inspector means an employee of the City or of a consulting firm hired by the City and assigned by the City to make observations of Work performed by a Contractor. Key Personnel means Staff positions assigned on a full-time basis to the Program by the Program Coordinator with the Director's approval, to serve as an extension of the City's staff typically working inside the City's Miami Riverside Center (MRC) or other requested City facility. Notice to Proceed ("NTP') means the same as "Authorization to Proceed." A duly authorized written letter or directive issued by the Director or Project Manager acknowledging that all precedent conditions have been met and/or directing that the Consultant may begin work on the Project. Omissions means items that are not shown or included in the plans, specifications, or other documents prepared by the Consultant which are necessary for the proper and/or safe operation of the Project or required to meet the Scope of Services. Primary Services means those Services considered by City to be fundamental to the successful management of the Project as stated in the RFP, and in Attachment A of the Agreement. Project Manager means an employee or representative of the City assigned by the Director to manage and monitor Work to be performed under this Agreement or the construction of a project as a direct representative of the City. Program means the City's multi -year Capital Improvements and Transportation Programs, prepared on an annual basis that details the planned financial resources and implementation schedule and strategies for the City's capital projects over a five (5) year period. Project means the design, construction, alteration and/or repair, and all services and incidentals thereto, of a City facility as contemplated and budgeted by the City. The Project or Projects shall be further defined in the Scope of Services and/or Work Order issued pursuant to this Agreement. Professional Services means those services within the scope of the practice of architecture, professional engineering, or registered surveying and mapping, as applicable, as defined by the laws of the State of Florida, or those performed by any architect, professional engineer, or registered surveyor or mapper in connection with his or her professional employment or practice. These services may be abbreviated herein as "architectural/engineering services" or "professional services," as applicable, which are within this definition. Professional Services Agreement ("Agreement" or "PSA') means this Agreement, all attachments, and any authorized amendments thereto. In the event of a conflict between a Request for Qualifications (RFQ), Request for Proposals ("RFP") and a Consultant, Design -Build Firm, CMAR or Contractor's response thereto, the RFQ/RFP document shall control. In the event of any conflict between a Consultant, Design -Build Firm, CMAR or Contractor's response to an RFQ/RFP and the corresponding PSA or Agreement, the PSA or Agreement shall control. In the event of any conflict between a PSA or Agreement PSA and its attachments, the PSA or Agreement shall control. Resolution means the document constituting the official approval of the City Commission as required for the City Manager to execute this Agreement, or increase the Project Budget, among other matters. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE Risk Management Administrator means the City's Risk Management Director, or their designee, or the individual named by the City Manager to administer matters relating to insurance and risk of loss for the City. Scope of Services or Services means a comprehensive description of the activities, tasks, design features, objectives, deliverables, and milestones required for the completion of a Project or an assignment with sufficient detail to allow a reasonably accurate estimation of resources necessary for its completion. Small Busincss Entcrprisc ("SBE') formerly referred to as Community Busincss Entcrprisc ("CBE"), means a firm that has bccn ccrtificd by Miami Dadc County, who will providc architectural, landscapc architectural, engineering, or surveying and mapping professional services to the Consultant as required pursuant to City Code Section 18 87. Subconsultant means a person or organization of properly registered professional architects, engineers, registered surveyor, or mapper, and/or other professional specialties, who has entered into a written agreement with the Consultant to furnish specified professional services for a Project or task. Wage Rates means the effective direct expense to the Consultant and/or the Subconsultant, on an hourly rate basis, for employees in the specified professions and job categories assigned to provide services under this Agreement that justify and form the basis for professional fees regardless of actual manner of compensation. Work means all services, materials and equipment provided by/or under this Agreement with the Consultant. Work Order means a document internal to the City, which authorizes the performance of specific professional services for a defined Project or Projects. Work Order Proposal means a document prepared by the Consultant, at the request of the City for Services to be provided by the Consultant on a specific phase of a Project. 1.2 INVITATION The City of Miami ("City") Department of Procurement ("Procurement"), seeks Proposals from experienced and qualified CMAR firms to provide the services for the Project, as described in Section 2, "Scope of Services" of this RFP. This solicitation for CMAR services is issued pursuant to Section 287.055 of the Florida Statutes, the "Consultants Competitive Negotiation Act" ("CCNA"). All references to Florida Statutes, City of Miami and Miami -Dade County Codes, and other laws/regulations, will be interpreted to include "as amended from time to time." Copies of this solicitation are available through the BidSync page for this RFP. For purposes of this RFP, the words: a) "Proposal" shall mean the completed written and properly signed submission in response to this RFP by a Proposer. b) "Proposer" shall mean the entity submitting a Proposal in response to this RFP. Throughout this RFP, the phrases "must" and "shall" will denote mandatory requirements. Any Proposal that does not meet the mandatory requirements is subject to immediate disqualification. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 1.3 SUBMISSION OF RESPONSES Proposals in response to this RFP must be received by the City through the BidSync page no later than the date and time indicated in Section 4.2, "Proposal Submission Date," in order to be considered. Faxed documents are not acceptable. Proposals must be timely received by Procurement, or the Proposal/s will be disqualified. Untimely submittals will not be considered. Initially, Proposers must submit a Step 1 Qualifications and Experience -type proposal based on the Scope of Services as generally defined in Section 2.0 of the RFP, including a Pre -Construction Services Fee and a CM Multiplier for construction management services during the Construction Services phase, based on said Scope of Services. After Step 1 Pre -Qualification Phase is completed, and at the sole discretion of a Committee appointed by the City Manager, pre -qualified Proposers may advance to the Step 2 Evaluation to provide Oral Presentations and elaborate on their Proposals; Proposers may be required to submit additional information/documentation. The City reserves the right to accept any Proposals deemed to be in the best interest of the City, to waive any minor irregularities, scrivener's errors, minor omissions, minor deviations, and/or technicalities in any Proposals, or to reject any or all Proposals, and to re -advertise for new Proposals, in accordance with the applicable sections of the Florida Statutes, the City Charter and Code, and this RFP. The responsibility for submitting a Proposal before the stated time and date is solely and strictly that of the Proposer. The City is not responsible for any delayed, lost, late, misdelivered, or non -delivered Proposals, no matter the cause. 1.4 VOLUNTARY VIRTUAL PRE -PROPOSAL CONFERENCE A voluntary pre -proposal conference ("Conference") will be held on July 22, 2022, at 11:00 a.m. EST, accessible at the following Microsoft Teams Meeting link or by dialing +1 786-598-2961, Conference ID 625 679 525#. Although attendance is not mandatory, Prospective Proposers are strongly encouraged to participate in this meeting to obtain information relative to the RFP. 1.5. CONE OF SILENCE Pursuant to Section 18-74 of the City of Miami Code (Ordinance No. 12271), a "Cone of Silence" is imposed upon this RFP. Oral communication is prohibited as long as the Cone of Silence remains in effect. Written communications must be in the form of mail to Mr. Fernando V. Ponassi, MA Arch., MA PPA, LEED®AP, Assistant Director, A&E and Construction Services, City of Miami, Department of Procurement, at 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130, or e-mail at FPonassi©miamigov.com, with a copy to the Office of the City Clerk at Clerks©miamigov.com. Please review City of Miami City Code Section 18-74 for additional information pertaining to the Cone of Silence. Proposers are hereby cautioned not to contact any member of the Committee or any City staff regarding this RFP, except as provided in the RFP, or until the Cone of Silence is lifted. Failure to abide by this condition of the RFP shall be cause for rejection of Proposer's Proposal, and may result in potential suspension or debarment, pursuant to the applicable provisions of the City Code and applicable regulations. 1.6. ADDITIONAL INFORMATION OR CLARIFICATION Requests for additional information or clarifications must be made in writing. Proposers may fax or e-mail their requests for additional information or clarifications in accordance with Section 1.5, "Cone of Silence." Facsimiles must have a cover sheet that includes the Proposer's name, the RFP number and title, and the number of pages transmitted. Any request for additional information or clarification must be received through the BidSync page for this RFP no later than 5:00 PM on July 22, 2022. Late requests for additional information or clarification may not receive a response in the subsequent addendum. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE Procurement will issue responses to inquiries received and any other corrections or amendments it deems necessary via written addenda, prior to the Proposal Submission Date. Proposers shall not rely on any representations, statements, or explanations other than those made in this RFP and in any written addenda to this RFP issued through the BidSync page for this RFP. Where there appears to be a conflict between the RFP and any addenda issued, the last addendum issued shall prevail. Addenda will only be made available through the BidSync page for this RFP, and it is the Proposers' sole responsibility to assure their review and receipt of all addenda. Prior to submitting the Proposal, the Proposer should check the BidSync page for this RFP for all addenda. 1.7. CONTRACT TERMS AND CONDITIONS A Proposer pre -qualified to provide the CMAR services requested herein ("Successful Proposer") shall be required to execute a CMAR Agreement ("Agreement") with the City. Certain provisions of the Agreement are non-negotiable. These include, without limitation: applicability, and compliance with applicable laws (e.g., State Statutes, County and City Codes); venue; hold harmless; duty to defend and indemnify the City; insurance; payment and performance bond(s); and cancellation for convenience or due to lack of funding, by the City Manager. 1.8. PRE -CONSTRUCTION SERVICES AND CM MULTIPLIER At the sole discretion of the Committee appointed by the City Manager, Oral Presentations may be conducted with the top three pre -qualified Proposers, at a minimum, provided that three or more responses are received. If Oral Presentations are required, then the file with the Pre - Construction Services Fee and a CM Multiplier submitted with the Step 1 Proposal will be opened and incorporated into the overall score/rating and ranking of the Proposals by the Committee after the Step 2 scoring is completed. The pricing evaluation is used as part of the evaluation process to determine the highest ranked Proposer. The City of Miami reserves the right to negotiate the final terms, conditions, and Contract pricing as may be deemed in the best interest of the City. 1.9. BID BOND, PERFORMANCE AND PAYMENT BONDS At the sole discretion of the City, the Proposer awarded a construction contract will be required to submit a Payment Bond and Performance Bond (showing the CMAR firm as Principal and also naming the City of Miami as the funding agency) in the full amount of the Contract, inclusive of pre -construction fees, if applicable, and any contingency and/or dedicated allowances, as a condition precedent to Contract execution by the City. Further details on the Payment and Performance Bond forms are included in the solicitation documents for reference, which provisions are incorporated into and made a part of this RFP. Failure to comply with these provisions will result in the forfeiture by the Proposer of any eligibility to be considered for award of a contract for pre -construction and/or construction services. No plea of a mistake in the Response or misunderstanding of the conditions of forfeiture shall be available to the Proposer for the recovery, offset or recoupment of its Proposal Bond, or as a defense or a separate claim to or in any civil action. 1.10. AWARD OF A CONTRACT A contract for pre -construction services, and for construction services as applicable, may be awarded to the selected Proposer for the Project by the City Commission or City Manager, as applicable, based upon the final ranking order after Step 1 or, at the sole discretion of the Committee, upon the final ranking order after Step 2. The City reserves the right to execute or not execute, as applicable, a contract for pre -construction and/or construction services with the Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE selected Proposer when it is determined to be in the City's best interest. The City does not represent that any award will be made. 1.11. CONTRACT EXECUTION By submitting a Response, the Proposers agree to be bound to and execute a contract for CMAR pre -construction services, and for construction services if applicable. The Agreement will be in the form of a CMAR contract furnished by the City at the time the City Manager authorizes the commencement of negotiations with the top -ranked Proposer. Without diminishing the foregoing, the Proposer may request clarification and submit comments concerning the Agreement for the City's consideration. None of the foregoing shall preclude the City, at its sole discretion, from seeking to negotiate changes to the Agreement during the negotiation process. 1.12. UNAUTHORIZED WORK CMAR firms shall not begin work until the City issues an official Notice to Proceed (NTP). Such NTP shall constitute the City's authorization to begin work. Any unauthorized work performed by the CMAR, prior to issuance of a NTP and during the term of the Contract, shall be deemed non- compensable by the City, and the CMAR shall not have any recourse against the City for performing unauthorized work. 1.13. SUBMITTAL INSTRUCTIONS Careful attention must be given to all requested items contained in this RFP. Proposers are invited to submit Responses in accordance with the requirements of this RFP. PLEASE READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A RESPONSE. Proposers shall make the necessary entry in all forms provided within the RFP documents and prior to submitting a Response. Proposals shall be submitted through the City's BidSync page for this RFP. 1.14. CHANGES/MODIFICATIONS/ALTERATIONS Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal or withdraw a Proposal at any time prior to the Proposal Submission Due Date (referenced in the Public Notice). All modifications or withdrawals shall be made through the BidSync page for this RFP. Oral/Verbal modifications are prohibited, and they will be disregarded. No modifications will be accepted after the Proposal Submission Due Date. The City will only consider the latest version of the Proposal submitted through the BidSync page for this RFP. 1.15. SUBCONSULTANT(S)/SUBCONTRACTOR(S) A Subconsultant/Subcontractor is an individual or firm who has a contract with the Proposer to assist in the performance of services required under this RFP. A Subconsultant/Subcontractor shall be paid through the Proposer, and not paid directly by the City. Subconsultants/Subcontractors are allowed by the City in the performance of the services delineated within this RFP. Proposer must clearly reflect in its Response the major Subconsultants/Subcontractors to be utilized in the performance of the required services. For purposes of this section, major Subconsultants/Subcontractors shall mean the professional services/construction services firms who shall serve as the primary professional services and construction firms, and shall contract for and supervise all other professional services/construction firms, as applicable. The City retains the right to accept or reject any Subconsultant/Subcontractor proposed in the Successful Proposer(s)' response or proposed prior to execution of an Agreement. Any and all liabilities regarding the use of a Subconsultant/Subcontractor shall be borne solely by the Successful Proposer(s) and insurance for each Subconsultant/Subcontractor must be maintained in good standing and approved by the City throughout the duration of the Contract. Neither the Successful Proposer(s) nor any of its Subconsultants/Subcontractors are considered to be employees or agents of the City. Failure to list all major Subconsultants/Subcontractors and provide the required information may disqualify any proposed Subconsultants/Subcontractors from performing work under this RFP. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 1.16. DISCREPANCIES, ERRORS, AND OMISSIONS Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in writing, in the manner prescribed in Section 1.4, "Cone of Silence" of the RFP. Should it be necessary, the City will issue an addendum to the RFP clarifying such conflicts or ambiguities. 1.17. DISQUALIFICATION This RFP requires the use and submission of specific City forms. In addition, the RFP requires the submission of additional documents and information. Failure to use the forms provided by the City will result in the Proposal being deemed non -responsive, and the Proposal will not be further considered for award. Modification of, re -typing, or any alterations to the City forms may also result in the Proposal being deemed non -responsive. The City reserves the right to disqualify Proposers upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. The City also reserves the right to waive any immaterial defect or informality in any Proposal, to reject any or all Proposals in whole or in part, or to re -issue this RFP. Any Proposer who submits in its Proposal any information that is determined by the City, in its sole discretion, to be substantially inaccurate, misleading, exaggerated, or incorrect, shall be disqualified from consideration for award of the Agreement. Any Proposal submitted by a Proposer who is in arrears, (e.g., moneys owed, outstanding judgments, code violations, fines, liens, penalties or other fees due to the City, or otherwise in debt or breach of contract by failing to deliver goods or services to the City (City in this context includes any agency, instrumentality, or department of the City), or where the City has an open or liquidated damages claim against a Proposer for monies owed to the City at the time of Proposal submission, or if a Proposer has been declared in default or abandoned a prior City Contract, or has been debarred by a federal, State of Florida, or local public entity within the past five (5) years, or is on the convicted vendor list per Section 287.133 of the Florida Statutes, will be rejected as non-responsive/non-responsible and shall not be considered as eligible for award. Prior to award of the Agreement, the above requirements must be met, and is a condition that must be maintained during the term of the Agreement. 1.18. PROPOSER'S EXPENDITURES Proposers understand and agree that any expenditure they make in preparation and submittal of Proposals, or in the performance of any services requested by the City in connection with a Proposal in response to this RFP, are exclusively at the expense of the Proposers. The City shall not pay or reimburse any expenditure, or any other expense incurred by any Proposer in preparation of a Proposal in response to this or any RFQ/RFP, and/or in anticipation of an award of a Contract, and/or to maintain the approved status of the Successful Proposer if a Contract is awarded, and/or administrative or judicial proceedings resulting from the solicitation process. 1.19. INSPECTION OF SITE Proposers should carefully examine the Project location of the proposed work before submission of a Response, and make all necessary investigations to inform themselves thoroughly as to all difficulties involved in the completion of all work required pursuant to the mandates and requirements of this RFP. No plea of ignorance of conditions or difficulties that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work pursuant to this Proposal as a result of failure to make the necessary examinations and investigations will be accepted as an excuse for a failure or omission on the part of the CMAR firm to fulfill, in every detail, all of the requirements of the Contract Documents, as defined in the Contract, nor will they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE 1.20. EXECUTION OF PROPOSAL The Proposal must be manually and duly signed by an authorized corporate officer, principal, or partner (as applicable) with a signature in full. When a firm is the Proposer, the Proposal shall be signed in the name of the firm by one or more of the partners. When a corporation is the Proposer, the officer signing shall set out the corporate name in full, beneath which he/she shall sign his/her name, give title of his/her office, and affix the corporate seal. Anyone signing the Response as agent must file additional legal evidence of signature authority. Proposers who are non-resident corporations shall furnish to the City a duly certified copy of their permit to transact business in the State of Florida with the Response. Failure to promptly submit this evidence or qualification to do business in the State of Florida may be basis for rejection of the Response. Proposers understand that submitting this RFP does not constitute an Agreement or Contract with the Proposer. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE SECTION 2 RFP SCOPE OF SERVICES The City is seeking to procure a qualified and experienced CMAR firm to provide pre -construction services and, if applicable, construction services for West End Park - D4. The selected CMAR firm shall have, at a minimum, a proven track record of experience in building recreational facilities similar to the projected West End Park. The City will value highly a CMAR firm that is a leader in the construction industry and has the experience of building successful and functional recreational facilities under a CMAR model. Required services to be provided by the CMAR firm may include, but are not limited to, the following: ■ Pre -Construction Services - Review and advise on project scope of work, description and development data as provided by the City, Architects, or Engineers. - Review of design plans for constructability, construction industry standards, Code compliance, and value engineering possibilities, and provide report findings. - Review cost and time estimates prepared by architects and engineers to validate said estimates. - Prepare cost and time estimates, to include clarifications, basis of estimate, allowances, - Prepare scheduling for each of the GMP construction packages, including preliminary and final project construction schedules indicating major construction milestones and variances. - Prepare construction phasing schemes for each of the GMP construction packages, which address the site logistics, its operational needs, scope, and budget. The CMAR will be tasked to work with the Architect/Engineer reviewing the project to advise the City of the constructability of the design and provide value engineering of the project's design documents, to ensure the quality of the documents regarding construction/building standards and advise the Owner of the most efficient, and economical ways to build the project pursuant to the Owner's goals and objectives for the Project. Some of the project items the CMAR will be evaluating include, but are not limited to, the following: - Electrical power distribution systems, automatic transfer switching, lighting control systems - Swimming pool and splash pad design and systems - Water intrusion envelope (roofing, windows, doors, etc.) - Plumbing systems, water distribution, sanitary systems, domestic hot water, control valves, re -circulating pumps - HVAC/ventilation systems - Pool heater geothermal system - System integration - Storm water collection and management systems - Structural Integrity - Roofing System Design - ADA Compliance - Sports field and courts materials and installation details Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE - Site Amenities - Walkways - Right of way improvements - Irrigation system - Site and sports Lighting - Low voltage locations (the Project includes pull boxes and empty conduits only for the low voltage installation by others) As part of their submittal in response to this RFP, Proposers are expected to provide a detailed proposal as to how they will approach and perform potential Pre -Construction Services on any given scope of services, for review and consideration by the Committee. The Successful Proposer will be paid a lump -sum amount for the provision of all Pre -Construction Services. • Construction Services Upon completion of the pre -construction services, the Successful Proposer may be requested to furnish the City with a GMP, which is subject to restrictions in change order requests and minimizes, or eliminates, additional costs to the City. In order to ensure that the City is successful in negotiating the best value for this project, the City may hire an independent Construction Estimator to provide assistance in validating the Successful Proposer's construction costs according to the current market. - The CMAR firm will provide construction services through its own forces or that of subcontractors, for which the CMAR firm shall prepare invitations to bid, or requests for proposals when applicable, for all procurement related to long lead items, materials, and services, in accordance with individual contract thresholds as further detailed in the CMAR agreement. - The CMAR firm will perform construction management services during the construction phase of the Project, all as more specifically defined at the time the City requests the CMAR firm to submit a construction bid price. - Generally, construction management services provided by the CMAR firm during the construction phase of the Project will include, but will not be limited to, estimating; scheduling; construction and/or construction management of site work and utilities, buildings, landscaping, specialty work, and any other work deemed necessary to complete the intended scope. As part of their submittal in response to this RFP, Proposers are expected to provide a detailed proposal as to how they will approach and perform the scope of services for the Project, for review and consideration by the Committee. 2.1. PROJECT BACKGROUND AND LOCATION West End Park is a 16.6-acre, multi -purpose recreational space located at 6030 SW 2nd Street, Miami, FL 33144, in Commission District No. 4. The West End Park Project includes a new master plan for facility improvements. The park encompasses approximately 6.94 acres, with an existing 10,917-square foot community center building and a playground area to remain, as well as a pool building, a baseball field, tennis courts, basketball courts, and other amenity areas, landscaping, walkways, irrigation, and sodding. The scope of the park's improvements includes, but is not limited to, the following: • The demolition of the existing tennis and basketball courts. • New +/- 4,725 SF pool building, including exterior covered walkways and areas. The new pool building will feature a lifeguard and admissions office, male and female Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE restrooms outfitted with shower stalls and lockers, a pool equipment room, lawn storage room, and support spaces. • A new +/-5,699-square foot swimming pool, featuring swimming lanes as well as a beach entry family area. The pool deck will feature lounge chairs and tables for its patrons. • Adjacent to the pool is a new splash pad for kids. • Two new tennis courts with pickleball blended lines. • Two new basketball courts. • A multipurpose field area outfitted with soccer field lines, a pinto league baseball diamond/field with dugouts and bleachers. • Two central plazas at each of the park's main entrances (one off SW 60th Avenue, one off SW 2nd Street), with landscaped gathering area as well as an area with stabilized sod for farm share events. • Concrete walkway surrounding the perimeter of the sports fields, with Vita -Course exercise stations placed throughout. • Right -Of -Way /Street Parking improvements as may be required. • Refer to the attached site plan for more details. • Concrete walkway surrounding the perimeter of the sports fields, with outdoor fitness stations placed throughout. • A multipurpose field area outfitted with soccer field lines, a Pinto League baseball. diamond/field with dugouts and bleachers; surface material (synthetic turf or grass) to be determined. The project's design plans are currently on the "dry -run" permitting stages therefore, under the CMAR approach sought pursuant to this RFP, the City may enter into an agreement with a CMAR to allow for the design to be reviewed in partnership with the Architect/Engineer, the Contractor, and the City in an environment that fosters constructability, cost effectiveness, quality, for the best price possible in today's market, all working together as a team to deliver a quality product that responds to the needs of the Client which in this case is the City's Department of Parks & Recreation (Parks). The CMAR approach will evaluate the project documents for any inconsistencies, errors and omissions between the various design disciplines and constructability of the project and advise on the selection of materials and means and methods given the current market. The Project Team, consisting of the City, the Architect/Engineer and CMAR, shall work together to produce a quality project with a design that is also buildable in an environment based on a collaborative effort between the three parties to work out all the potential conflicts in the project prior to construction. The CMAR shall strive to address design issues (drawings and technical specifications) prior to starting of construction with the intent of avoiding design and construction cost overruns, change orders and time extensions. It is understood that the GMP provided by the Contractor further serves to prohibit cost adjustments. Time is of the essence, and there will be no additional compensation for delays in construction caused for any reason. West End Park currently includes various programming amenities, such as a swimming pool, a baseball field, tennis courts, basketball courts, a playground, a community building, open space, and picnic areas. The park also hosts afterschool programs, camp programs during school breaks, youth flag football, and youth basketball. Site imagery, maps, and additional information can be accessed through the Parks' webpage at http://archive.miamigov.com/parks/park westend.html and through the City's Interactive Mapping Tool (GIS) at http://maps.miamiqov.com/miamizoninq/. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 2.2 SCHEDULE OF EVENTS Refer to the advertisement for the schedule of events that will take place in the procurement process. The City reserves the right to make changes or alterations to the schedule as the City determines is in the best interest of the public. Proposers will be notified sufficiently in advance of any changes or alterations in the schedule. Unless otherwise notified in writing by the City, the dates indicated for submission of items or for other actions on the part of a Proposer, shall constitute absolute deadlines for those activities and failure to fully comply by the time stated shall cause a Proposer to be disqualified. 2.3 CITY'S RESPONSIBILITIES The City's Architect of Record (AOR) will provide construction administration services and quality acceptance reviews of some or all of the work at the sole discretion of the City. In any event, the CMAR firm must provide for its own construction quality assurance and quality control inspections, testing and material certifications, and not rely upon the City for these services. The City will not be responsible for materials testing of any type. All quality assurance services as may be required by the approved project drawings and specifications, shall be the responsibility of the CMAR firm. This RFP does not commit the City to make studies or designs for the preparation of any proposal, nor to procure or contract for any articles or services. Proposers shall examine the Contract Documents and the site of the proposed work carefully before submitting a proposal for the work contemplated and shall investigate the conditions to be encountered, as to the character, quality, and quantities of work to be performed, materials to be furnished and as to the requirements of all Contract Documents. The City does not guarantee the details pertaining to previous structural, utility and/or other investigations as shown on any documents supplied by the City, including soil borings. The submission of a Proposal is prima facie evidence that the Proposer has made an examination as described in this provision. Proposers shall examine boring data, existing utility data (including but not limited to, electrical, plumbing, mechanical and communication systems) where available, and make their own interpretation of the subsoil investigations, existing subsurface utilities, and other preliminary data, and shall base their Proposal on their own opinion of the conditions likely to be encountered. 2.4 CMAR FIRM RESPONSIBILITIES The CMAR firm shall be responsible for providing Pre -Construction and/or Construction Services including, but not limited to, confirming the provided site and property surveys, underground utility locations (as applicable), documentation of existing conditions in accordance with the City of Miami's Department of Resilience & Public Works (RPVV) requirements (as applicable), securing building permits, construction inspections as required by the permitting agencies and the City of Miami's Office of Capital Improvements (OCI), construction documents preparation and subsequent approvals, and construction inspections on or before the project completion date indicated in the Technical Proposal. The work product of the City's AOR generally sets forth requirements regarding surveys, explorations, design, construction, and adjacent residential, commercial, and/or municipal access during construction, requirements relative to project management, scheduling, and coordination of work activities and any requirements with other agencies and entities such as state and local government, utilities and permitting agencies, and the public. The CMAR firm shall demonstrate best project management practices while working on the Project including, but not limited to, accounting and invoicing practices sufficient to meet state and City audit standards. These include communication with the City, regulatory agencies, adjacent property owners, and others as necessary for the best management of time and resources. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 2.5 PROJECT REQUIREMENTS AND PROVISIONS FOR WORK A. Governing Regulations The services performed by the CMAR firm shall be in compliance with all applicable building and municipal codes including, but not limited to, the State of Florida, Miami -Dade County, the City of Miami, and other regulations that may be mandatory in addition to the requirements specified in this RFP. The CMAR firm shall use as the primary standard, the City of Miami Engineering Standards for Design and Construction, and all work must be consistent with all federal, state, and local codes, rules, and regulations, as applicable. It is the responsibility of the CMAR firm to contact and obtain the City's current Engineering Standards for Design and Construction from the any regulatory agencies having jurisdiction. The CMAR firm shall be responsible for preparing, processing, all necessary permit applications with he respective permitting agencies. The CMAR firm will be responsible for securing the required building permit as well as any required trade permits in accordance with the Florida Building Code, City of Miami building department, and any other regulatory agency having jurisdiction. All permits required for a particular construction activity will be acquired prior to commencing the particular construction activity. The CMAR firm will be reimbursed for all permit fees under a Permit Allowance Account. Delays due to incomplete permit packages, agency rejection, agency denials, agency processing time, lack of payment, or any permit violations shall be solely the responsibility of the CMAR firm, and will not be considered sufficient reason for time extension. Changes to the concept requiring additional permitting activities are the responsibility of the CMAR firm. 1. State Agencies The CMAR will complete permitting through State agencies with jurisdiction, as applicable. CMAR firm is responsible for complying with these permit conditions. 2. County Agencies In addition to these State permitting requirements, the CMAR will initiate permitting through the permit process of all other agencies having jurisdiction, as applicable. The CMAR firm will be responsible for completing this process with the drawings and other technical information (in conjunction with the City building permitting process), and in compliance with all applicable requirements and regulations. The CMAR firm will also be responsible for preparing applications and technical documents as well as processing the plans through the Department of Transportation and Public Works, if applicable. If the Project requires reconnection of the sewage pump -out and the domestic water systems to existing on -site utilities with service from Miami -Dade Water and Sewer Department (WASD), the CMAR firm will be responsible for coordination and permitting that may be required through WASD, as applicable. The water/sewer loads are not increasing due to the project and no impact fees are anticipated; any WASD impact fees would be addressed under the reimbursable permit fees. Preparation of all County related permit applications and the acquisition of all applicable permits shall be the responsibility of the CMAR firm. Should it be required, the CMAR firm shall attend and represent the City at public hearings, presentations to the Board of County Commissioners or any other County Board(s), for project review and approval purposes. 3. City Agencies Any permitting required by City departments and/or agencies shall be prepared in accordance with their specific requirements and regulations. Preparation of all permit applications and the acquisition of all applicable City related permits shall Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE be the responsibility of the CMAR firm. Should it be required, the CMAR firm shall attend and represent the City at public hearings, presentations to the Board of City Commissioners or any other City Board(s), for project review and approval purposes. 4. Florida Power and Light ("FPL") The CMAR firm shall be responsible for coordinating with FPL for the electrical service, as applicable. The CMAR firm shall coordinate and conduct meetings with FPL to review the electrical plans and associated power loads, inclusive of lighting plans for the job site general area. Any required FPL service agreement costs (if applicable) will be reimbursed by the City through the permitting fee allowance. The CMAR firm shall coordinate with FPL in a timely manner to ensure sufficient power is available once the electrical systems have been constructed and inspected by the City. The CMAR is to include any third -party work required by the contract documents in the construction schedule(s). 5. Communications The CMAR firm shall coordinate with the telephone and internet service providers to provide the required service as outlined in the construction documents, as applicable. Any required service upgrade costs by the service providers shall be reimbursed by the City through the City permitting fee allowance. The CMAR firm shall coordinate with the service provider(s) in a timely manner to ensure service is available once the Project has been completed and inspected by the City. B. Verification of Existing Conditions The CMAR firm shall be responsible for verification of existing conditions. By execution of the Contract, the CMAR firm specifically acknowledges and agrees that the CMAR firm is being compensated for performing adequate investigations of existing site conditions, including subsurface investigations, sufficient to support the design developed by the CMAR firm and that any information being provided is merely to assist the CMAR firm in completing adequate site investigations. Notwithstanding any other provision in the contract documents to the contrary, no additional compensation will be paid in the event of any inaccuracies in the preliminary information. The CMAR firm shall fully document and take every precaution during construction to protect any existing roadway and/or building infrastructures such as signs and sign structures, signals, lighting, utilities, stormwater facilities and other items that are not to be replaced as part of this Project. If such items are damaged by the CMAR firm during the construction period, the damage shall be replaced at the CMAR firm's expense. C. Submittals 1. Plans Plans must meet the minimum contents of a particular phase submittal prior to submission for review. The particular phase of each submittal shall be clearly indicated on the cover sheet. Component submittals will not be accepted. Signed and sealed 100% permitted plans will be delivered to the City's Project Manager a minimum of five (5) working days prior to the scheduled start of construction. Only stamped signed and sealed plans are valid and all work that the CMAR firm performs in advance of the City's release of Plans shall be at the CMAR firm's risk. In addition, the CMAR firm shall submit signed and sealed post - construction surveys to the City. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE The CMAR is responsible for clearly recording any adjustments and variations from the design drawings and specifications made during construction and to provide these notations to the AOR to incorporate into the Record Set. The CMAR shall verify that the City's AOR incorporates the CMAR's notations into the Record Set at the completion of Construction. The record set becomes the "as -built" at the end of the project. All design changes shall be signed and sealed by the City's AOR. The record set shall reflect all changes initiated by the City's AOR or the City in the form of revisions. The record set shall be submitted on a Final Project electronic file upon project completion. The City shall review the record set prior to Final Acceptance in order to accept the record set. 2. Milestones In addition to various submittals mentioned throughout this document the CMAR firm shall submit monthly project status reports, including, but not limited to, schedule updates, and aerial photographs of progress, as applicable. D. Contract Duration Upon being selected, it is the City's intent to contract with the CMAR firm to perform pre - construction services on a lump -sum basis, with a not -to -exceed amount equal to the Pre - Construction Services Fee submitted by the CMAR firm. At the sole discretion of the City, the CMAR firm may be requested to furnish a GMP for the construction of the Project. By certifying a GMP and being willing to build the Project for that amount, the City will enter into a supplemental project agreement/amendment with the CMAR firm to procure construction services for the GMP. The CMAR firm may propose the contract duration for the Project, but in no event shall the contract duration exceed the amount of calendar days for substantial completion stipulated in the Work Order/s issued by the City, with an additional Forty -Five (45) calendar days for final completion, unless approved by the City. The schedule supporting the proposed contract duration will be submitted upon request by the City and should identify the work activity durations in calendar days. Project Schedule 1. Limitations The minimum number of activities, shall be those listed below: ■ Contract Award Date ■ Field Assessment of Conditions ■ Design Reviews by the City, as applicable ■ Miami -Dade County Division of Environmental Resources Management ("DERM") CORE Processing (as applicable) ■ FPL Service/Communication/Third party services coordination ■ Miami -Dade WASD Coordination ■ GMP submittal to City ■ Subcontractors buy-out period Start of Construction ■ Identifiable Construction critical path activities, showing float time ■ Detailed construction sequencing ■ Product Submittal/shop drawings period within the first 60 days of the construction period ■ Temporary closures, pedestrian protection, and proposed work hours ■ Holidays and Special Events Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE • Substantial Completion • Final Completion Date for All Work E. Key Personnel/Staffing The CMAR firm's work shall be performed and directed by Key Personnel identified in the Technical Proposal by the CMAR firm. Respondents shall not change Key Personnel without just cause. Any changes to the indicated Key Personnel shall be subject to review and must obtain written approval by the City's Project Manager. The City reserves the right to request additional documentation as required by the RFP. F. Meetings and Progress Reporting The CMAR firm shall anticipate periodic meetings with City personnel and other agencies as required for resolution of design and/or construction issues. These meetings may include: • City technical issue resolution • Permit agency coordination • Local government agency coordination • Scoping Meetings • Costs/reimbursement packages and updates for the loan and grants During design, the CMAR firm shall meet with the City's Project Manager on a weekly basis and provide a "look ahead" of the upcoming activities. During construction, the CMAR firm shall meet with the City's Construction Manager on a weekly basis and provide a one -week "look ahead" for activities to be performed during the coming week. The CMAR firm shall, on a bi-weekly basis, provide written progress reports that describe the items of concern and the work performed on each task. G. Public Involvement 1 General Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. 2. Public Meetings The CMAR firm shall, upon request by the City, provide all support necessary for the City to hold various public meetings to ensure that good communication is maintained throughout the project. The following procedures have been developed and shall be adhered to at a minimum: a. A notice of proposed work and announcement of public information meeting will be advertised in periodicals, posted on bulletin boards, etc., at least 60 days before the start of work in each area. b. At least 30 days before the start of work in each section of the Project, a public information meeting will be held for interested local residents in the area where work will occur to discuss issues specific to those areas. c. Ongoing meetings will be held to discuss and resolve issues encountered during the work. For any of the above type meetings the CMAR firm shall provide all technical assistance, data, and information necessary for the City to produce display boards, printed material, video graphics, computerized graphics, etc., ongoing cost Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE information and information necessary for the day-to-day exchange of information with the public, all agencies, and elected officials to keep them informed as to the progress, costs and impacts that the proposed Project will create. This includes workshops, information meetings, and public hearings. The CMAR firm shall, on an as -needed basis, attend the meetings with an appropriate number of his personnel to assist the City. The CMAR firm shall forward all requests for group meetings to the City. The CMAR firm shall inform the City of any meetings with individuals that occur without prior notice. 3. Public Workshops, Information Meetings The CMAR firm shall provide all the support services listed in No. 2, Public Meetings, above. All legal/display ads announcing workshops, information meetings, and public meetings will be prepared and paid for by the City. The City will be responsible for the legal/display advertisements for design concept acceptance. The City will also be responsible for preparing and mailing (includes postage) all letters announcing workshops and information meetings. 4. Public Involvement Data The CMAR firm is responsible for the following: • Coordinating with the City. • Identifying possible permit and review agencies and providing names and contact information for these agencies to the City. • Providing required expertise (staff members) to assist the City on an as - needed basis. • Preparing color graphic renderings and/or computer -generated graphics to depict the proposed improvements for coordination with the City and other agencies. The collection of public input occurs throughout the life of the project and requires maintaining files, newspaper clippings, letters, and especially direct contacts before, during, and after any of the public meetings. Articles such as those mentioned shall be provided to the City for its use and records. In addition to collecting public input data, the CMAR firm may be asked by the City to prepare responses to any public inquiries as a result of the public involvement process. The City shall review all responses prior to release. H. Quality Management Plan ("QMP") 1. Design: The CMAR firm shall be responsible for the professional quality, technical accuracy and coordination of all surveys, designs, drawings, specifications, geotechnical, utility, and other services furnished by the CMAR firm under this Contract. The CMAR firm shall provide a Contractor's Quality Management Plan (QMP), which describes the Quality Control ("QC") procedures to be utilized to verify, independently check, and review all design drawings, specifications, and other documentation prepared as a part of the Contract. In addition, the QMP shall establish a Quality Assurance ("QA") program to confirm that the QC procedures are followed. The CMAR firm shall describe how the checking and review processes are to be documented to verify that the required procedures were Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE followed. The QMP may be one utilized by the CMAR firm, as part of their normal operation, or it may be one specifically designed for this Project. The CMAR firm shall submit a QMP within 15 working days of the written Notice to Proceed. A marked -up set of prints from the QC review shall be submitted with each review submittal. The responsible Professional Engineers or Professional Surveyor that performed the QC review, as well as the QA Manager shall sign a statement certifying that the review was conducted. The CMAR firm shall, without additional compensation, correct all errors or deficiencies in the surveys, designs, drawings, specifications, and/or other services. No fabrication or construction activities will occur until all related design review and shop drawing review comments are resolved. 2. Construction The CMAR firm shall be responsible for developing and maintaining a Construction Quality Control Plan. CMAR firm shall coordinate their QC program with the City's Construction Manager and submit for approval. The City shall maintain its rights to inspect construction activities. The CMAR firm shall provide all documentation requested by the City to ensure quality products and services are being provided in accordance with the contract documents. I. Liaison Officer The City and the CMAR firm will designate a Liaison Officer and a Project/Construction Manager who shall be the representative of their respective organizations for the project. J. Quality Control The CMAR firm shall be responsible for providing QC. Construction inspection will be provided by the City. K. Testing The CMAR firm shall be responsible for all materials testing. The City or its representatives will not perform verification testing services. However, the City reserves the right to perform inspections and testing for verification of compliance with the approved drawings and specifications. L. Adjoining Construction Projects or Events The CMAR firm shall be responsible for coordinating construction activities with other construction projects or events that will be impacted or may be impacted by this project. This includes projects or events under the jurisdiction of the City. 2.6 DESIGN AND CONSTRUCTION CRITERIA A. General The CMAR firm shall be responsible for detailed plan checking as described in the RFP. Before construction activities can begin, signed and sealed design plans and calculations supporting the design prepared by the City's AOR must be reviewed by the City and/or the CMAR. Submittals shall be complete along with all the supporting information necessary for review. Upon approval by the City, the plans will be stamped "Released for Construction" and initialed and dated by the reviewer. Any construction initiated by the CMAR firm prior to receiving signed and sealed plans stamped "Released for Construction" shall be at the sole risk of the CMAR firm. B. Utility Coordination Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE The CMAR firm shall utilize a single dedicated person responsible for managing all utility coordination. This person shall be contractually referred to as the Utility Coordination Manager and shall be identified by name in the CMAR firm's proposal. The CMAR firm shall notify the City in writing of any change in the identity of the Utility Coordination Manager. The CMAR firm's Utility Coordination Manager shall be responsible for managing all utility coordination, including, but not limited to, the following: 1. Ensuring that all utility coordination and activities are conducted in accordance with signed and sealed plans and the requirements of the Contract documents. 2. Identifying all existing utilities and coordinating any new installations, if required. Reviewing proposed utility permit application packages and recommending approval/disapproval of each permit application based on the compatibility of the permit as related to the CMAR firm's plans. 3. Scheduling utility meetings, keeping and distribution of minutes of all utility meetings, and ensuring expedient follow-up on all unresolved issues. 4. Distributing all plans, conflict matrixes and changes to affected utility owners and making sure this information is properly coordinated. 5. Identifying and coordinating the execution and performance under any agreement that is required for any utility work needed for completion of the Project work, if required. Reviewing, approving, signing, and coordinating the implementation of all Utility Work Schedules. 6. Resolving utility conflicts. 7. Obtaining and maintaining all appropriate Sunshine State One Call tickets. 8. Performing Constructability Reviews of plans prior to construction activities with regard to the installation, removal, temporary removal, de -energizing, deactivation, relocation, or adjustment of utilities, if required. 9. Providing periodic Project updates to the City's Project Manager as requested. 10. Coordination with the City on any issues that arise concerning reimbursement of utility work costs, if required. The CMAR firm shall be responsible for all utility coordination efforts. These coordination efforts shall include, but are not limited to permitting, review, construction oversight, initiating, drafting, negotiating, and executing all necessary legal agreements, and administering utility coordination meetings and ensuring that all necessary permits are acquired. No addition compensation will be provided by the city to include this activity in the construction work plan, or any delays thereof. C. Basis of Design and Work Plan The Basis of Design provides the construction work plan, which is generally described below and served as the basis of the Project permits and approvals. 1. Design Documentation, Computations and Quantities The CMAR firm shall submit to the City design notes and computations to document the design conclusions reached during the review of the construction documents, as applicable. The design notes and computation sheets shall be fully titled, numbered, dated, indexed, and signed by the designer and the checker. The data shall be in a hard- back folder for submittal to the City. At the project completion, a final set of design notes and computations, signed and sealed by the CMAR firm, shall be submitted Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE with the record set of plans and tracings. The design calculations shall include, but not be limited to the following data: ■ Design standards ■ Design calculations ■ Documentation of decisions ■ Survey details 2. Survey Details The CMAR will provide surveys that include specific purpose, topographic, hydrographic, and survey data, as applicable. The CMAR firm shall perform sufficient surveying to verify the information and data required for design and for completion of the permitting process. The CMAR firm may be required to perform a Pre -Construction Survey with the use of video and still photography on the existing structures, utilities, and adjacent areas. Specifications for each property adjacent to the work areas, identifying the existing structural conditions of the property or any other improvement of such property may be affected by the work. No construction operations will be allowed until the Pre -Construction Survey is completed and submitted to the City. Once the work activities are complete for a phase of the Project, the CMAR firm shall perform a Post -Construction Survey and compare with the Pre -Construction Survey identifying any new or additional damage to the property, or to any improvements on such property, as compared to the Pre -Construction Survey. Provide the City with a copy of the Post -Construction Survey and the Specialty Engineer's assessment indicating the presence of damage or no damage, and in the event of damage, the Specialty Engineer's assessment of whether the observed damage in relation to the Pre -Construction Survey is or is not the result of the CMAR firm's work. Where no new or additional damage is identified in the Post- Construction Survey, the CMAR firm's Specialty Engineer shall, within 30 calendar days, certify no damage was caused by the work. Where new or additional damage is identified in the Post -Construction Survey, the CMAR firm's Specialty Engineer shall, within 30 calendar days, determine if the damage could be reasonably attributable to the CMAR firm's work, and if such is the case, repair the damage within 30 days. Furnish Post -Construction Survey and related certifications as described above to the City prior to the date of final acceptance per the Contract. D. Shop Drawings As applicable, the CMAR firm shall be responsible for the preparation of Shop Drawings. Shop Drawings shall be submitted to the AOR and shall bear the stamp and signature of the CMAR confirming that the submittal is in accordance with the requirements of the Construction Documents. Shop Drawings that are prepared for the CMAR and/or their sub -contractors by Specialty Engineers shall be signed and sealed by the Florida licensed professional responsible for preparing the document. The City/AOR will review the Shop Drawing(s) to evaluate compliance with project requirements and provide any findings to the CMAR firm. The City's procedural review of shop drawings would be to assure that the CMAR firm's design professional has approved and signed the drawing; the drawing has been independently reviewed and is in general conformance with the plans. The City's review would not be meant to be Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE a complete and detailed review. Shop Drawing submittals must be accompanied by sufficient information for adjoining components or areas of work to allow for proper evaluation of the Shop Drawing(s) submitted for review. E. Sequence of Construction The CMAR firm shall construct the work in a logical manner and with the following objectives: ■ Minimize impact and disruption to residents. ■ Minimize the impact to utilities ■ Minimize closure durations with all required Maintenance of Traffic (MOT) along affected areas ■ Minimize the overall time for construction F. Hours of Operation The construction activities may be undertaken from 8:00 a.m. to 5:00 p.m., Monday through Saturday, six (6) days per week, unless prior approval is provided by the City. G. Maintenance of Traffic (MOT) MOT required to complete the project shall consist of lane closures, flagmen, and setting of traffic control equipment and signage for adjacent waterfront work areas and staging areas, as applicable. Temporary parking area and adjacent roadways shall be coordinated with the City Public Works Department as applicable and may also require Miami -Dade County/City of Miami approval. In addition, prior notification of adjacent landowners shall occur. Closure plans shall be developed and submitted to the City and well in advance of anticipated closure dates. H. Environmental Services/Permits The CMAR firm shall be responsible for preparing designs and proposing construction methods that are consistent with the existing permits, as applicable. I. Landscape Plans The CMAR firm shall relocate and/or restore existing landscaping impacted by the construction and replace same when work is completed. J. Health and Safety The CMAR firm shall utilize a single dedicated person responsible for health and safety throughout the performance of the work to implement, monitor, and enforce the Site Safety Plan. This person shall be contractually referred to as the Health and Safety Manager and shall be identified in the CMAR firm's proposal. The Health and Safety Manager shall have no other duties. The CMAR firm shall notify the City in writing of any change in the identity of the Health and Safety Manager. The Health and Safety Manager shall be approved by the City. END OF SECTION Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE SECTION 3 RFP GENERAL CONDITIONS 3.1 ACCEPTANCE/REJECTION The City reserves the right to accept or reject any or all Responses or to select the Proposer that, in the opinion of the City, is in its best interest. The City also reserves the right to reject any Proposer(s) who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time any contracts with the City, and who does not have the capacity to perform the requirements defined in this RFP. Further, the City may waive informalities, technicalities, minor irregularities, and/or request new Responses for the services specified in this RFP and may, at its discretion, withdraw and/or re -advertise the RFP. 3.2 LEGAL REQUIREMENTS This RFP is subject to all applicable federal, state, county, City and local laws, codes, ordinances, rules and regulations, the loan documents, and the grant agreements, that in any manner affect any and all of the services covered herein. Lack of knowledge by the Proposer shall in no way be cause for relief from responsibility for compliance with these requirements. Proposer shall fully comply with all applicable federal, state, and local laws, rules and regulations, loan, and grant requirements. The foregoing will be considered as part of the duties of performance of the Proposer under the Contract. 3.3. NON -APPROPRIATION OF FUNDS In the event that insufficient funds are appropriated, and budgeting or funding is otherwise unavailable in any fiscal period for this Project, then the City, shall have the unqualified right to terminate the Work Order(s), or Contract upon written notice to the CMAR firm, without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular work or any project(s) will be assigned to any firm(s). 3.4 BUSINESS TAX RECEIPT Proposers shall meet the City's Business Tax Receipt ("BTR") requirements in accordance with Chapter 31, Article II of the City of Miami Code, as amended, and any required Miami -Dade County Business Tax Receipt ("County BTR"). Respondent(s) with a business location outside the City of Miami shall meet all applicable local BTR requirements. A copy of the BTR should be submitted with the Response. The City may, at its sole option, allow the Proposer to submit a copy of their BTR after the Response Submission Due Date. 3.5. MINIMUM QUALIFICATIONS AND EXPERIENCE REQUIREMENTS A. CMAR 1 The City of Miami is seeking to procure a qualified and experienced CMAR firm, including a qualifying General Contractor (GC) as the team's lead entity. In general, and subject to limited exceptions below, the GC shall a) possess a minimum of five (5) years of experience in successfully providing CMAR services for a variety of private and/or public projects including, but not limited to, project management, time and cost management, and management information systems during the design phase; other pre -construction activities such as review of cost estimates and schedule of values, competitive bidding and sub -bidding, and pre - construction conference; construction and/or construction administration services, project/construction management, design changes, project site meetings, construction quality assurance, record drawings, operations and maintenance materials, and substantial and final completion, for contracts with an individual construction cost of $10 million or more; b) hold a current active license as a GC under its current business name as authorized to do business in the State of Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE Florida for a minimum of five (5) years from the Proposal submission due date. The City will consider a Proposal from a CMAR firm as responsive where a Proposer has less than the stipulated minimum five (5) years of experience under its current business name where the majority of the Proposer's principals and/or officers have the minimum experience stipulated below and shall have the relevant professional licenses and/or certifications as required of Key Personnel pursuant to the immediately following Subsection B, below. Proposer must include documentation substantiating the above stated as part of its Proposal to consider crediting the years of experience from the Proposer under its previous name; and c) demonstrate having acted as a CMAR firm on at least two (2) private and/or public projects, completed or ongoing within the last five (5) years, with a project scope similar to the services described above, and with an individual construction cost of $10 million or more. Each Proposer interested in responding to this RFP shall provide information on the firm's qualifications and experience, qualifications of the project team, members, and staff on previous work of similar scope and complexity. Documentation included to demonstrate completion of projects shall be provided for each project being submitted to demonstrate meeting the Minimum Requirements. See Section 4.0 "Instructions for Submitting a Response" for further direction. Proposals that do not completely adhere to all requirements may be considered non -responsive and eliminated from the process. Additional submission qualifications may be stated in Section 4.0, "Instructions for Submitting a Response." Failure to include all documentation required above with the Response, will result in a determination of non -responsiveness. B. Key Personnel The CMAR Firm's work shall be directed and performed by the Key Personnel identified in the Technical Proposal by the CMAR Firm, and shall consist of the following list of individuals: ■ Project Manager ■ Construction Manager ■ Construction Cost Estimator ■ Other Professional Staff as needed Minimum qualifications and experience requirements for the Key Personnel shall consist of the following: ■ Project Manager shall be a qualified and experienced Project Manager ("PM") as part of the CMAR team, who must be employed by the CMAR and will be responsible for the overall efforts by the CMAR team. The proposed PM must have been providing services as a PM on construction projects of similar scope and complexity for the last five (5) years from the Proposal Submission Due Date applicable to this RFP. The proposed PM shall demonstrate the required experience by submitting at least two (2) private or public projects of similar scope and complexity to the proposed West End Park, either completed or ongoing within the past five (5) years from the Proposal Submission Due Date applicable to this RFP. The PM must have a proven track record of coordinating all the trades required for A&E and construction projects including, but not limited to, Civil, Structural Mechanical, Electrical and Plumbing ("MEP") Engineering, Survey and Mapping, and MOT. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE ■ Construction Manager ("CM") shall have a minimum of five (5) years of experience serving as a construction manager (e.g., responsible for the principal and lead person on -site planning, coordination, and control of the project, daily management of construction activities and personnel and administration of construction contracts). The proposed CM shall demonstrate the required experience by submitting at least two (2) private or public projects of similar scope and complexity to the proposed West End Park, either completed or ongoing within the past five (5) years from the Proposal submission due date applicable to this RFP. The Construction Manager is expected to be on -site a minimum of 60% of the time. ■ Construction Cost Estimator ("CCE") shall have a minimum of five (5) years of experience practicing as a construction cost estimator. The proposed CCE shall demonstrate the required experience by submitting at least two (2) private or public projects of similar scope and complexity to the proposed West End Park, either completed or ongoing within the past five (5) years from the Proposal submission due date applicable to this RFP. ■ Other Professional staff as needed shall have a minimum of five (5) years of experience performing the responsibilities assigned to them within the CMAR team. Any other professional staff shall demonstrate the required experience by submitting at least two (2) private or public projects of similar scope and complexity to the proposed West End Park, either completed or ongoing within the past five (5) years from the Proposal submission due date applicable to this RFP. Subsequent to submission of a Response and prior to award of a Contract, Key Personnel shall not be changed. Respondents shall not change any member of their Key Personnel without just cause and must obtain prior written approval by the City's Project Manager. The City reserves the right to request additional documentation as required by the RFP. If the City does not accept the proposed change(s) the Response will be rejected and not considered for award. All references required above and offered by the CMAR firm to attest to its own prior project experience, as well as that of its sub-consultants/sub-contractors, must be included in the CMAR firm's Proposal. References forms will not be unlocked and must be filled out either in handwritten form or typed manually and signed in original by the project's Owner. Failure to submit the reference forms will result in the Proposal being deemed non -responsive. 3.6 SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION REQUIREMENTS NOT APPLICABLE 3.7 PUBLIC ENTITY CRIMES In accordance with Section 287.133, Florida Statutes, 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 response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, CMAR firm, 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Proposer shall result in rejection of the Response, cancellation of the Contract (if awarded) and may result in Proposer's debarment. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 3.8 RESOLUTION OF PROTESTS Any actual or prospective contractual party who feels aggrieved in connection with the solicitation or award of a contract may protest in writing to the Chief Procurement Officer who shall have the authority, subject to the approval of the City Manager and the City Attorney, to settle and resolve a protest subject to final approval by the City Commission. Proposers are directed to Section 18- 103 through 107 of the City Code, Ordinance No. 12271 (the City of Miami Procurement Code) describing the protest procedures. Protests failing to meet the filing requirements shall NOT be accepted. Failure of a party to timely file shall constitute a forfeiture of such party's right to file a protest. THERE ARE NO EXCEPTIONS TO THIS REQUIREMENT. 3.9 REVIEW OF RESPONSES FOR RESPONSIVENESS Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the RFP. A "responsive" Response is one which meets the requirements of the RFP and is submitted in the format outlined in the RFP, is of timely submission, can be evaluated in accordance with the Evaluation Criteria, and has appropriate signatures/attachments as required on each document. Failure of the Proposer to provide the information as required under Section 4 of the RFP may result in a rejection of the proposal as non -responsive. 3.10 COLLUSION The Proposer, by submitting a Response, certifies that its Response is made without previous understanding, agreement, or connection either with any person, firm, or corporation submitting a Response for the same services, or with any City department. The Proposer certifies that its Response is fair, without control, collusion, fraud, or other illegal action. The Proposer further certifies that it is in compliance with the conflict of interest and code of ethics laws. The City will investigate all situations where collusion may have occurred, and the City reserves the right to reject any and all Responses where collusion may have occurred. 3.11 CLARIFICATIONS The City reserves the right to request clarifications of information submitted and to request any necessary supporting documentation or information of one or more Proposers after the deadline for submission of Responses. 3.12 AUDIT RIGHTS AND RECORDS RETENTION The Successful Proposer agree to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, invoices, receipts, reimbursement information and records of Proposer which are directly pertinent to this RFP, the contract, the loan reimbursement, and grant reimbursement, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Proposer shall maintain and retain any and all of the books, documents, papers, and records pertinent to the Contract for five (5) years after the City makes final payment and all other pending matters are closed. Proposer's failure to or refusal to comply with this condition shall result in the immediate termination of the Contract (if awarded) by the City. 3.13 PROPOSAL BOND FORFEITED/LIQUIDATED DAMAGES The Proposal Bond is conditioned upon the Successful Proposer submitting the specified Payment and Performance Bond upon award of contract for construction, as applicable. Failure to execute the Contract and submit the Payment and Performance Bond when required, shall be just cause for the annulment of the award and the forfeiture of the Proposal Bond, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained by the City in having to re -issue this RFP. 3.14 PUBLIC RECORDS The CMAR firm shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; Public Records." Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDSAMIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. THE PROPOSER MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 3.15 CONFLICT OF INTEREST Proposers, by responding to this RFP, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City is financially interested, directly or indirectly, in the purchase of goods/services specified in this RFP. Any such interests on the part of the Proposer or its employees must be disclosed in writing to the City. Further, Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the Proposer firm. 3.16 DEBARRED/SUSPENDED VENDORS An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not a) submit a response on a contract to provide goods or services to a public entity; b) may not submit a response on a contract with a public entity for the construction or repair of a public building or public work; c) may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, CMAR Firm, supplier, subcontractor, or consultant under contract with any public entity; and d) may not transact business with any public entity. 3.17 NON-DISCRIMINATION Proposer agrees that it shall not discriminate by race, gender, gender identity, color, age, religion, national origin, marital status, or disability in connection with its performance under this RFQ. Furthermore, Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, gender, gender identity, color, age, religion, national origin, marital status, or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity called for or required in connection with services rendered under this Agreement. 3.18 CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS Proposer represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure the award of the Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind, contingent upon or in connection with, the award of the Contract. 3.19 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Respondent's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 3.20 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 3.21 JESSICA LUNSFORD ACT (JLA) BACKGROUND SCREENING REQUIREMENTS In accordance with the requirements of Sections, 1012.465, and 1012.32 and 1012.467, Florida Statutes), as amended from time to time, Contractor agrees that, if Contractor receives remuneration for services, Contractor and all of its employees who provide or may provide services under this Contract will complete criminal history checks, and all background screening requirements, including level 2 screening requirements as outlined in the above -referenced statutes for any work to be performed in City parks. Pursuant to the 2007 amendments to the JLA enacted by the Florida Legislature, requirements for certain fingerprinting and criminal history checks shall be inapplicable to non -instructional contracted personnel who qualify for exemption from Level 2 screening requirements as provided under Section 1012.468 of the Florida Statutes. In addition, the provisions of Section 1012.467 of the Florida Statutes are incorporated herein by reference, and any provisions that may be inconsistent with, contrary to, or determined to conflict with said Section 1012.467, will be superseded by said statute. A non -instructional contractor who is exempt from the screening requirements set forth in Sections 1012.465, 1012.468 or 1012.467 of the Florida Statutes, is subject to a search of his or her name or other identifying information against the registration information regarding sexual predators and sexual offenders maintained by the Department of Law Enforcement under Section 943.043 and the national sex offender public registry maintained by the United States Department of Justice. Contractor will not be charged for this search. Further, upon obtaining clearance by City the City will issue a photo identification badge consistent with any statutory requirements, which shall be worn by the individual at all times while on City property when children are present. Contractor agrees to bear any and all costs associated with acquiring the required background screening, including any costs associated with fingerprinting and obtaining the required photo identification badge. Contractor agrees to require all its affected employees to sign a statement, as a condition of employment with Contractor in relation to performance under this Contract, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Contractor/Employer of any arrest(s) or conviction(s) of any offense within 48 hours of its occurrence. Contractor agrees to provide the City with a list of all of its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Contractor agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Contractor further agrees to notify the City immediately upon becoming aware that one of its employees, who was previously certified as completing the background check and meeting the statutory standards, is subsequently arrested, or convicted of any disqualifying offense. Failure by Contractor to notify the City of such arrest or conviction within 48 hours of being put on notice and within five (5) business days of the occurrence of qualifying arrest Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE or conviction, shall constitute grounds for immediate termination of this Contract by the City and removal from the Pool. The parties further agree that failure by Contractor to perform any of the duties described in this section shall constitute a material breach of the Contract entitling the City to terminate this Contract immediately with no further responsibility to make payment or perform any other duties under this Contract. 3.22 PROJECTS FUNDED BY FEDERAL OR STATE FUNDS a. Equitable Adjustment The Procurement Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the Successful Proposer's control, (2) the volatility affects the marketplace or industry, not just the particular contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Successful Proposer that continued performance of the contract would results in a substantial loss. Successful Proposer might have to supply documentation to justify any requested percentage increase in cost to the City of Miami. b. Non -Appropriation of Funds In the event no fund or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Proposer or his assignee of such occurrence, shall have the unqualified right to terminate the contract without penalty or expense to the City. No guarantee, warranty, or representation is made that any project(s) will be awarded to any firm(s). c. Subcontractors of Work Shall be Identified As part of the RFP, Proposers are required to identify any and all Subconsultants/Subcontractors that will be used in the performance of this proposed contract, their capabilities, experience, minority designation, as defined in Ordinance 10062 and the portion of the work to be done by the Subconsultant/Subcontractor. Failure to identify any and all Subconsultants/Subcontractors in the Proposal shall render the Proposal non -responsive unless the Successful Proposer submits this documentation to the City within five (5) working days after the proposal due date. The Successful Proposer shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract, to Subconsultant/Subcontractor(s) not originally mentioned in their Proposal, except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subconsultant/Subcontractor(s) and the City. The Successful Proposer shall be fully responsible to the City for the acts and omissions of the Subconsultant/Subcontractor(s) and their employees, as for acts and omissions of persons employed by the Successful Proposer. d. Davis -Bacon Act - 40 U.S.C. 3141-3148 Federally assisted construction contracts must adhere to Davis -Bacon Act wages and benefits rate schedules. Proposers shall use the Federal Wages reflected in Wage General Decision Number FL 180260 01/12/2018 FL260 in developing its proposal for this Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE project. The Successful Proposer shall be required to provide certified payroll records documenting the work performed on this project. e. Compliance with the Copeland "Anti -Kickback" Act - 40 U.S.C. 3701-3708 1. The Contractor shall comply with 18 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may be appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 C.F.R. § 5.12. f. Compliance with the Contract Work Hours and Safety Standards Act - 40 U.S.C. 3701-3708 1. Overtime Requirements: No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one half time the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the clause set forth in paragraph (1) of this section, the Contractor, and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in case of the work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages: The City of Miami shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. 4. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontract. The Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE J• g• Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraph (1) through (4) of this section. Parts at Pass -Through Cost (for Repairs Outside the Scope of Work) All cost for parts required for repair jobs and not otherwise included in the scope of work shall be billed at the Successful Proposer's actual cost and will be passed on to the City without markup or any additional fees. The Successful Proposer shall submit purchase receipt of parts along with the labor invoice for payment. The Successful Proposer shall be responsible for sourcing all parts necessary to complete the work requirements of each job specification. Replacement parts furnished must be of the same manufacturer or an equal product. All equipment and materials shall be commercial quality and grade and be from a regular product line. Prototype, obsolete, and residential quality/grade equipment/materials shall not be specified or installed in the facilities. h. Notification to Perform Work The Successful Proposer shall notify the Project Manager when an employee is on the property and for what purpose. i. Background Checks The Successful Proposer shall be required to comply with the background screening specifications as listed in the Jessica Lunsford Act, Florida Statue §1012-32. The law requires that before contract personnel are permitted access on grounds when children are present, or if they will have direct contact with children, or have access to or control of school funds, they must have completed Level Two (2) screening requirements. Prior to commencement of the project, the Successful Proposer shall provide Level Two (2) background screening results for all employees completing the work on park grounds. Equal Employment Opportunity - 41 CFR Part 60 During the performance of any resulting contract from an RFP, the Proposer agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. k. Clean Air Act - 42 U.S.C. 7401-7671q. 1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. 2) The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. Federal Water Pollution Control Act - 33 U.S.C. 1251-1387 1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et seq. 2) The Contractor agrees to report each violation to the City of Miami and understands and agrees that the City of Miami will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE m. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. n. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. o. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended) Proposers who bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer, or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that take place in connection with obtaining any federal award. Such disclosures are forwarded form tier to tier, and up to the recipient. Please refer to the "Certification Regarding Lobbying" form. It is MANDATORY for the Proposers to return this form signed along with their Proposal. Procurement of Recovered Materials 1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired; a. Competitively within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable price. 2) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpq-program. Seal, Logo, and Flags The Contractor shall not use seal(s), logos, crests, or reproductions of flags or likenesses of federal agencies, including but not limited to the Department of Homeland Security's (DHS) agency officials, without specific pre -approval from the appropriate federal agency. r. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that financial assistance from federal agencies, including but not limited to FEMA, will be used to fund this contract only. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. P. q• s. Access to Records 1) The Contractor agrees to provide the City of Miami, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE 3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. t. Suspension and Debarment 1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3) This certification is a material representation of fact relied upon by City of Miami. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida, and the City of Miami, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. u. United States Housing and Urban Development 1) Should this contract be funded by US HUD dollars and/or Community Development Block Grant (CDBG) dollars, and/or CDBG Mitigation (CDBG-MIT) dollars, and therefore, is subject to federal procurement regulations 2 CFR 200.318 to 200.327. 2) Unless a fixed -price contract is used, profit must be negotiated as a separate element of the price for each contract in which there is no price competition and, in all cases, where a cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. v. Section 3 of the Housing and Urban Development Act of 1968 1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 2) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). w. Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE SECTION 4 INSTRUCTIONS FOR SUBMITTING A PROPOSAL 4.1 ELECTRONIC RECEIPT OF PROPOSALS AND SUBMISSION REQUIREMENTS Electronic Proposals in response to this RFP are to be submitted through BidSync until the date and time as indicated in this Solicitation. The responsibility for submitting a Proposal on/or before the stated closing time and date is solely and strictly that of the Proposer. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Proposal submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled accordingly. Any Proposal received through BidSync, prior to the Proposal submittal deadline, shall be accepted as a timely submittal; anything received thereafter will be rejected. Additionally, BidSync will not allow for the Electronic Proposal submissions after the closing date and time has lapsed. Proposals will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith, shall be borne by the Proposer(s). Accordingly, Proposer(s): • Must register, free of charge, with BidSync to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City"). • Must submit all Proposals electronically. Hard copy Proposals will not be accepted. NO EXCEPTIONS. • Attachment files shall be no more than 250mb in size each, should there be a need for a larger size file to be uploaded, split in multiple files. Contact BidSync vendor support toll -free number 1-800-990-9339, visit support.bidsync.com, or email support@bidsvnc.com, for BidSync technical difficulties and/or issues. • Must submit the Certification Statement and associated solicitation documents, which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync. The use of any other forms and/or the modification of City forms will result in the rejection of the Proposer's submittal. • Shall ensure that the Certification Statement is fully completed and provided with your Proposal. Failure to comply with these requirements may cause the Proposal to be rejected. • Must ensure that an authorized agent of the Proposer's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE PROPOSAL NON -RESPONSIVE. • May be considered non -responsive if Proposal does not conform to the terms and conditions of this solicitation. Submission Requirements Submit the following information and documents with the Proposal through the BidSync page for this RFP. Failure to do so may cause the Proposal to be deemed non -responsive. Proposals deemed non -responsive will receive no further consideration. Each Proposal (Step 1 and Step 2) must contain the documents and forms required in this Section, as appropriate, each fully completed, and signed as required. Proposers shall prepare their Proposals utilizing the same format outlined below in this Section. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE A. STEP 1 PROPOSAL (Open to all interested Proposers) The content and form of the Step 1 Proposal (Qualifications and Experience, only) should present a clear, comprehensive, and well -documented representation of the Proposer and the CMAR firm's qualifications and experience. The Proposer's Step 1 Proposal must demonstrate how the CMAR firm is qualified to meet or exceed the evaluation criteria described in Section 5(B), and how the team's past performance on similar projects may provide an understanding of how the Proposer is best suited to meet the challenges of the scope of work, as described in Section 2.0, "RFP Scope of Services." PROPOSAL FORMAT Required RFP forms for this Section are available on BidSync. STEP 1 - QUALIFICATIONS OF THE CMAR TEAM Table of Contents 1. Proposal Cover Letter (Form RFP-PCL) Proposer shall complete and submit Form RFP-PL for this section of the Response. 2. Proposal Narrative (Form RFP-PN) Narrative is to explain the specific reasons why the Proposer is the most qualified and best choice to be awarded this Project. Proposer shall use RFP-N. 3. Qualifications of the CMAR firm (Form RFP-QCMAR) CMAR firm shall complete and submit Form RFP-QCMAR for this section of its Proposal. The CMAR firm shall satisfy all of the minimum qualification requirements identified in Section 3.5, "Minimum Qualification Requirements." In addition, the CMAR firm must disclose, in detail, any and all judgments, suits, claims, arbitrations, and back charges asserted or awarded against the CMAR firm or any proposed Sub- Consultant/Sub-Contractor in the past seven (7) years where the threshold exceeded one hundred thousand dollars ($100,000). Proposals which do not contain such documentation may be deemed non -responsive. No company brochures are to be included as part of the Proposal. 4. Experience of the CMAR firm (Form RFP-ECMAR) CMAR firm shall complete and submit Form RFP-ECMAR for this section of its Proposal. The CMAR MUST have the minimum experience required in Section 3.5, "Minimum Qualification Requirements." Failure to submit the two (2) reference projects as required above, utilizing Form RFP-ECMAR, shall result in a non- responsive determination for the Proposal. 5. Qualifications of the Project Manager (Form RFP-QKP) CMAR firm shall complete and submit Form RFP-QKP for this section of its Proposal. The CMAR firm shall satisfy all of the minimum qualification requirements identified in Section 3.5, "Minimum Qualification Requirements." 6. Experience of the Project Manager (Form RFP-EPM) CMAR firm shall complete and submit Form RFP-EPM for this section of its Proposal. The PM MUST have the minimum experience required in Section 3.5, "Minimum Qualification Requirements." Failure to submit the two (2) reference projects as required above, utilizing Form RFP-EPM, shall result in a non -responsive determination for the Proposal. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 7. Qualifications and Experience of the Construction Manager (Form RFP-QKP plus resume) CMAR firm shall complete and submit Form RFQ QKP for this section of its Proposal to provide a comprehensive summary of the proposed Construction Manager's (CM) qualifications. Additionally, a one -page resume is required to be submitted that reflects the CM's education, experience, and qualifications that demonstrate satisfaction of all the requisites identified in Section 2, "RFQ Scope of Services." Reference projects must include the full name, email address, and current phone number of the Project Owner, description of work, the year the project was started and completed, total amount of fees paid or projected to be paid to the firm, and the total value of the project inclusive of construction costs. The proposed CM MUST meet all minimum qualifications and requirements set forth in Section 3.5, "Minimum Qualifications and Experience Requirements." Failure to submit the two (2) reference projects as required above, shall result in a non -responsive determination for the Proposal. 8. Qualifications and Experience of the Construction Cost Estimator (Form RFP- QKP plus resume) CMAR firm shall complete and submit Form RFQ QKP for this section of its Proposal to provide a comprehensive summary of the proposed Construction Cost Estimator's (CCE) qualifications. Additionally, a one -page resume is required to be submitted that reflects the CCE's education, experience, and qualifications that demonstrate satisfaction of all the requisites identified in Section 2, "RFQ Scope of Services." Reference projects must include the full name, email address, and current phone number of the Project Owner, description of work, the year the project was started and completed, total amount of fees paid or projected to be paid to the firm, and the total value of the project inclusive of construction costs. The proposed CCE MUST meet all minimum qualifications and requirements set forth in Section 3.5, "Minimum Qualifications and Experience Requirements." Failure to submit the two (2) reference projects as required above, shall result in a non -responsive determination for the Proposal. 9. Qualifications and Experience of Other Professional Staff (Form RFP-QKP plus Resumes) CMAR firm shall complete and submit the applicable form and a resume for other professional staff, as needed. A resume must be submitted for each proposed position, and shall reflect the proposed individuals' relevant expertise and experience (maximum two (2) pages per individual). All personnel proposed for additional positions shall satisfy all of the minimum qualifications and experience requirements identified in Section 3.5, "Minimum Qualification Requirements." 10. List of Similar Projects Provide a listing of where Key Personnel have worked together previously on projects of a similar scope and complexity. Identify the Key Personnel who worked together. Identify the project(s), the names of the personnel, their title, and role in the project, and if the work was performed while working with or for another firm. Provide the project description(s), a brief description of the scope, and the final cost of the Project (Maximum one (1) page for this listing). Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 11. Proposer's Organizational Chart Organization chart of the Project Team indicating Key Personnel and their relationship(s). 12. Form RFP-QSC List of Subconsultants/Subcontractors 13. Insurance Capability Letter 14. Letter from Bonding Surety 15. Joint Venture Form (if applicable) 16. Acknowledgement of Addenda, Reference Documents and Proposer Information Forms (Section 6.0) and Attachments • Signed Addenda • RFP Information Forms • Certificate of Authority • Debarment and Suspension Forms, Acknowledgement of Reference Documents, Exhibits and Attachments 17. Pre-Construction/Construction Management Approach and Process (Form RFP- DCAP) CMAR firm shall complete and submit Form RFP-DCAP for this section of its Response. CMAR firms shall demonstrate how the project will be implemented with requirements pursuant to the intended CMAR Contract. Proposers shall demonstrate knowledge of the project objectives/goals and existing field conditions, identify potential design and construction/build issues, and present a comprehensive plan for completing the specified work established in Section 2.0 "RFP Scope of Services." The Response should demonstrate efficient use of design review methodology, manpower, materials, equipment, construction methodology, and techniques for completing the project efficiently within the constraints outlined in Section 2.0 "RFP Scope of Services" and the attached Contract. 18. Technical Capabilities and Methodology (Form RFP-TCM) Proposer shall complete and submit Form RFP-TCM for this section of its Response. Provide a comprehensive explanation of the Project Team's technical capabilities in the following areas and how they specifically apply to and will be utilized for this Project: • Value Engineering - Describe approach to reducing overall project costs and minimizing project schedule used in determining the Proposer's Price Proposal. Describe the operational, material quality, technical and/or cost benefit to incorporating value engineered items. • Quality Control and Quality Assurance - (Design and Construction): Document the policies and procedures for quality control and assurance as it specifically relates to Section 2.0 RFP Scope of Services. Describe other management procedures to ensure that the design and construction complies with City of Miami standards, permitting agency requirements, profession/industry standards, and any other pertinent requirements. • Coordination - Address processes for assuring proper coordination, including MOT, and general public's safety, is maintained at all times during the Project. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE At a minimum, the coordination plan shall include coordination with the following: • City of Miami Office of Capital Improvements • DERM and Florida Department of Environmental Protection ("FDEP") • Utility Owners including, but not limited to, FPL and Miami -Dade County WASD • Subconsultants/Subcontractors/Suppliers • Adjacent Property Owners and projects • Others ■ Project Schedule - The Proposer shall demonstrate adequacy of their proposed project schedule. Identify the "Critical Path" and any "Long Lead Time" items. The schedule shall reflect fourteen (14) days for each City review and must fit on an 8 1/2" X 14" page. 19. CMAR's Pre -Construction Fee Proposal Form* 20. CMAR's CM Multiplier for Construction Services Form* (*) ITEMS 19 AND 20 MUST BE UPLOADED TO BIDSYNC AS AN INDIVIDUAL FILE, SEPARATE FROM THE REST OF THE STEP 1 PROPOSAL B. STEP 2 ORAL PRESENTATIONS (Open to Pre -Qualified Proposers, ONLY) At the sole discretion of a Committee appointed by the City Manager, pre -qualified Proposers may advance to the Step 2 Evaluation to provide Oral Presentations and further elaborate on their Proposals; Proposers may be required to submit additional information/documentation. Proposers may be required to expand on how they intend to administer, coordinate, and complete all requirements of the CMAR Project with special emphasis on design quality control and construction quality assurance. The City will consider innovative approaches that can reduce the time, cost, or other benefits or reduce the risk to the City. Innovative approaches should reflect the CMAR firm's means and methods, approach to the Project, etc. Should Step 2 Oral Presentations be scheduled, the Items 19 and 20 submitted in a separate file as part of the Step 1 Proposal, will be opened at the end of the presentations by all Pre - Qualified Proposers, and incorporated into the overall score/rating and ranking of the Proposals by the Committee. The pricing evaluation is used as part of the evaluation process to determine the highest -ranked Proposer. Please see Section 5, "Evaluation/Selection Process" for more details. Where Proposal Forms may have erasures or corrections, the Proposer must initial each erasure or correction in ink. Errors between any sum, computed by the Proposer and the corrected sum, will be resolved in favor of the corrected sum. Any discrepancy between words and numbers will be resolved in favor of written words. Use of any other forms will result in the rejection of the Response as non -responsive. C. RESPONSE SUBMISSION FORMAT Proposals shall be prepared and submitted in the following format and in the stated order. Failure to comply with this format may result in the Response being determined non -responsive. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE STEP 1 - Qualifications of the CMAR firm (Open to all Proposers) Table of Contents - File #1 ❑ RFP-PCL - Proposal Cover Letter ❑ RFP-PN - Proposal Narrative ❑ RFP-QCMAR - Qualifications of CMAR firm, plus Resume ❑ RFP-ECMAR - Experience of CMAR firm ❑ RFP-QKP - Qualifications of the Project Manager, plus Resume ❑ RFP-EPM - Experience of the Project Manager ❑ RFP-QKP - Qualifications and Experience of Construction Manager, plus Resume ❑ RFP-QKP - Qualifications and Experience of Construction Cost Estimator, plus Resume ❑ RFP-QKP - Qualifications of Other Professional Staff, plus Resumes showing experience ❑ List of similar projects where Key Personnel have worked together previously ❑ Proposer's Organizational Chart ❑ Insurance Capability Letter ❑ Letter from Bonding Surety ❑ Joint Venture Form (if applicable) ❑ Acknowledgement of Addenda and Proposer Information Forms (Section 6.0) ❑ RFP-DCAP - Design and Construction Approach and Process ❑ RFP-TCM - Technical Capabilities and Methodology ❑ Project Schedule Table of Contents - File #2 ❑ CMAR's Pre -Construction Services Proposal Form ❑ CMAR's CM Multiplier for Construction Services Proposal Form 4.2 PROPOSALS SUBMISSION DATE As stated above, submission of your complete Proposal for this RFP shall be in BidSync in accordance with the following: Step 1 Proposal Submission Due Date: August 15, 2022, by 5:00 p.m. RFP NO. 21-22-001-R CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES FOR WEST END PARK - D4 Proposals received after the Proposal Submission Due Date and time, shall be deemed non -responsive, and shall not be considered. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Proposals must be signed by an official authorized to bind the Proposer to the provisions given in the Proposals. Proposals are to remain valid for at least 180 days. Upon award of an Agreement, the contents of the Successful Proposer's Proposal shall be incorporated within and included as part of the Agreement. Additional information on submission requirements can be found in Section 4.1, "Submission Requirements." 4.3 SUBMITTAL GUIDELINES General Only one (1) Proposal from an individual, firm, partnership, corporation, limited liability company, other business entity, or joint venture will be considered in response to this RFP. Subconsultants/Subcontractors may be included in multiple Proposals submitted by more than one Proposer. A firm, partnership, corporation, limited liability company, other business entity, or joint venture that submits a Proposal shall not be a Subconsultant/Subcontractor on another Proposal submitted under this RFP; this will result in the Proposal being non -responsive. Joint venture firms must complete and submit with their Proposal the form titled "Information for Determining Joint Venture Eligibility," (Form A, located in Section 6 of this RFP) and submit a copy of the formal agreement between all joint venture parties. This joint venture agreement must indicate their respective roles, responsibilities, and levels of participation for this RFP. Failure to timely submit Form A, along with an attached written copy of the joint venture agreement may result in disqualification of the Proposer's Proposal. Joint venture Proposals will be evaluated based on the combined team. Each member of a joint venture shall provide the information identified above. Proposer must clearly identify any Subconsultants proposed to be used and provide for the Subconsultant the same information required of the Proposer. The City retains the right to accept or reject any proposed Subconsultants. It is the policy of the City that, prior to award of an Agreement, the Successful Proposer register as a vendor indicating the commodities/services which the Proposer can regularly supply to the City. The Proposer can register as a City vendor, via the internet at https://www.miamigov.com/Services/Doinq- Business/Application-to-Reqister-as-a-City-Supplier-Vendor. For any questions regarding vendor registration, contact the Department of Procurement at (305) 416-1922. Proposers must be registered as a condition of award. It is the sole responsibility of the Proposer to ensure that the registration is completed. END OF SECTION REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE SECTION 5 EVALUATION/SELECTION PROCESS 5.1 EVALUATION PROCEDURES The procedure for Proposal evaluation and selection is as follows: 1. Request for Proposals is issued. 2. Receipt of Proposals. 3. Opening and listing of all Proposals received. 4. Preliminary review by City's Procurement staff for compliance with the submission requirements of the RFP, including verification that each Proposal includes all documents required. 5. Review by professional staff and/or a Committee, certifying that the Proposer is qualified to render the required services according to State regulations. 6. The Committee, appointed by the City Manager, shall meet to evaluate each responsive Proposal in accordance with the requirements of this RFP, and shall score and rank Proposers based on their qualifications and experience. 7. At the end of the Step 1 Evaluation meeting, the Committee will decide whether to select a CMAR firm based on the qualifications and experience of the Proposers, or to invite a minimum of three (3) teams deemed the most highly qualified to perform the required services (unless fewer than three (3) Proposals are received) to provide oral presentations as part of the Step 2 Evaluation process. If the Committee chooses the former option, then the envelopes containing the Pre -Construction Phase Lump Sum Fee Proposal and the CM Multiplier will be opened and the adjusted scores for each Proposer will be determined. 7 In the event the Committee chooses to hold oral presentations, the Step 2 Evaluation meeting will be held as soon as one (1) week after the Step 1 Evaluation meeting. The interview sessions are intended to allow Proposers to share with the Committee their technical approach to the Project. Subsequent to oral presentations, the Committee will reevaluate and rescore the Proposals. Scores from the Step 1 Evaluation meeting will not count or be transferred to the Step 2 Evaluation meeting scores. 8. At the end of the Step 2 Evaluation scoring session, Procurement staff will proceed to open the envelopes containing the Pre -Construction Phase Lump Sum Fee Proposal and the CM Multiplier and will obtain an Adjusted Bid for each Proposer. 9. The Committee will forward its recommendation to the City Manager, based on the ranking order as determined by the Adjusted Bids. 10. After reviewing the Committee's recommendation, the City Manager may: a) Approve the recommendation of the Committee and authorize Procurement to enter into negotiations with the top ranked Proposer or request that the Committee provide additional information as to the ranking of the Proposals. Upon approval of the Committee's recommendation, the Proposers will be listed in rank order on the BidSync page for this RFP; b) Reject the Committee's recommendation and instruct the Committee to re-evaluate and make further recommendations; or c) Reject all Proposals. Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 11. Upon successful negotiation of the Agreement(s), Procurement will forward the recommended Agreement(s) to the City Manager for approval, and the City Manager upon acceptance of the negotiated Agreement(s) will approve the award for Agreements under CCNA not exceeding $500,000 or recommend that the City Commission, when required by the City's Procurement Code, approve the recommendation of the Committee and the award of the Agreement(s). Where Procurement is not able to successfully negotiate an Agreement with the top ranked Proposer(s), Procurement will recommend to the City Manager that such negotiations be terminated, and to enter into negotiations with the next ranked Proposer(s) until an Agreement is negotiated or all Proposals are rejected. 12. After reviewing the City Manager's recommendation, the City Commission may: a) Approve the City Manager's recommendation and authorize award of the Agreement(s). Upon approval of the City Manager's recommendation, an award memorandum will be included on the BidSync page for this RFP. b) Reject the City Manager's recommendation to award the Agreement(s). c) Reject all Proposals and direct the City Manager to re -open negotiations, or to solicit new Proposals. B. EVALUATION CRITERIA Review of Responses for Responsiveness Each Proposal (Proposal) will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the RFP. A responsive proposal is one which follows the requirements of this RFP, includes all documentation, is submitted in the format outlined in this RFP, is of timely submission and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the Proposal being deemed non -responsive. Evaluation Criteria Responses will be evaluated and ranked by the Committee based on the criteria listed below. The five (5) member Committee will be comprised of appropriate City personnel and members of the community as deemed necessary, with the appropriate experience and or knowledge, striving to ensure that the Committee is balanced. Step 1 Evaluation Criteria The Step 1 Proposal will be assigned a maximum of one hundred (100) points by each Committee member. The criteria to be utilized for the Step 1 Evaluation will be: Evaluation Criteria Maximum Points 1A - Proposer's Qualifications and Experience 25 points 2A - Proposer's Past Performance 25 points 3A - Proposer's Project Manager's Qualifications and Experience 20 points 4A - Proposer's Team Members Qualifications and Experience 15 points 5A - Design Philosophy and Process/Technical Capabilities and Approach 15 points TOTAL 100 points Should the Committee decide to select a CMAR firm based on the qualifications and experience of the Proposers' Step 1 Proposals, the envelopes containing the Pre - Construction Phase Lump Sum Fee Proposal and the CM Multiplier will be opened after the evaluation is completed, and the adjusted scores for each Proposer will be determined. Construction Manager at Risk Services for West End Park - D4 RFP No. 21-22-001-R DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Pre -Construction Services Fee' 10 points3 CM Multiplier2 10 points3 1 Score for this criterion will calculated as Lowest Pre -Construction Services Fee/Proposer's Fee x 10. 2 Score for this criterion will calculated as Lowest Proposed CM Multiplier/Proposer's Multiplier x 10 3 Score values will be rounded up or down based on whether the score value is over 0.5 or below 0.5 of the previous or next whole number. Step 2 Evaluation Criteria In the event the Committee decides to hold oral presentations, Proposers will have the opportunity to elaborate on the merits of their Proposals and may be required to provide additional information/documentation. At the end of the scoring session by the Committee, the file containing Items 19 and 20 from the Step 1 Proposal and incorporated into the overall score/rating and ranking of the Proposals by the Committee. The pricing evaluation is used as part of the evaluation process to determine the highest ranked Proposer. The Committee may award a maximum of 100 hundred (100) points individually by each Committee member. Scores from the Step 1 Evaluation Committee meeting will not be utilized or transferred to the Step 2 Evaluation/Selection process. The criteria to be utilized for the Step 2 Evaluation will be: Evaluation Criteria Maximum Points 1 B - Proposer's Past Performance 30 points 2B - Proposer's Knowledge of Project Scope 30 points 3B - Ability to Provide the Required Services within Schedule and Budget 20 points 4B - Pre -Construction Services Fee' 10 points3 5B - CM Multiplier2 10 points3 TOTAL 100 points 1 Score for this criterion will calculated as Lowest Pre -Construction Services Fee/Proposer's Fee x 10. 2 Score for this criterion will calculated as Lowest Proposed CM Multiplier/Proposer's Multiplier x 10 3 Score values will be rounded up or down based on whether the score value is over 0.5 or below 0.5 of the previous or next whole number. The score for the criteria reflecting the Pre -Construction Phase Lump Sum Fee Proposal and the CM Multiplier will be calculated as shown in the chart above. Local preference, if applicable, will be applied to the Adjusted Bid. In the event of a tie in the Adjusted Bid, the first tiebreaker will be the highest total score for Step 2, Criterion 1B. If the ranking continues to be tied, the second tiebreaker will be the highest total score for Step 2, Criterion 2B. Should a tie still exist, the third tiebreaker will be the highest total score for Step2, Criteria 3B. The Proposer with highest final total score will be the top -ranked Proposer. END OF SECTION Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE SECTION 6 RFP RESPONSE FORMS 6.1 RFP INFORMATION AND ACKNOWLEDGEMENT FORM The Proposer hereby acknowledges and affirms to the contents of this RFP, its response thereto, including without limitation, all Addenda have been read, understood, and agreed to by assigning and completing the spaces provided below: A. RFP Addenda Acknowledgement Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated B. RFP Determination of Responsiveness Acknowledgement The Proposer hereby acknowledges and understands that the City will review each Proposal to determine responsiveness in accordance with the minimum qualifications and submission requirements of this RFP, as identified in Section 3.5, "Minimum Qualification Requirements" and Section 4.1, "Submission Requirements." PROPOSALS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS RFP SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Proposals that fail to meet the minimum qualifications and submission requirements of this RFP. Proposer understands that non -responsive Proposals will not be evaluated and, therefore, will be eliminated from the Evaluation/Selection Process. The following list describes most but not all Proposal irregularities, deficiencies, and technicalities that shall result in a non -responsive determination: 1. Lack of any required documentation/information/form requested in Section 4, Step 1 - Qualifications of the CMAR Firm (Open to all Proposers) including, but not limited to: ■ RFP-PCL - Proposal Cover Letter ■ RFP-PN - Proposal Narrative ■ RFP-QCMAR - Qualifications of Proposer ■ RFP-ECMAR - Experience of Proposer ■ RFP-QKP - Qualifications and Experience of the Construction Manager ■ RFP-QKP - Qualifications and Experience of the Construction Cost Estimator ■ RFP-QKP - Qualifications of Other Professional Staff (plus Resumes showing experience) ■ List of similar projects where Key Personnel have worked together previously ■ Listing of governmental projects requiring funding and reporting compliance (e.g., grants, loans, etc.) 2. Lack of any required documentation/information/form requested in Section 4, Step 2 - Technical Proposal + Price Proposal of the CMAR Firm (Open to Advancing Proposers ONLY) including, but not limited to: DOCUMENT 2.1 - Technical Proposal ■ RFP-DCAP - Pre -Construction and Construction Management Approach and Process Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE ■ RFP-TCM - Technical Capabilities and Methodology ■ Project Schedule ■ Professional Licenses ■ State of Florida Corporate Certificate ■ Business Tax Receipt(s) DOCUMENT 2.2 - Price Proposal ■ Price Proposal Forms (Pre -Construction Services Fee + CM Multiplier) submitted in a sealed envelope, delivered to the City of Miami Clerk's Office. 3. Lack of any required documentation/information/form requested in Section 4, Sub - Section 4.1(C) including, but not limited to: RFP Proposal Forms (Section 6.0) ■ Information for Determining Joint Venture Eligibility - Form A (if applicable) ■ Business Tax Receipt(s)/Occupational License(s) for Proposer and all Subconsultant(s)/Subcontractor(s) 4. Lack of any other documentation/information/form requested in the RFP document. Missing forms, unsigned forms, or forms signed by any individual, other than either the Proposer, Proposer's team members, and/or individuals personally attesting to the portrayed project experience will not be cured and shall deem a Proposal non -responsive. The City, at its sole discretion, reserves the right to waive minor deviations/ irregularities not listed above. Such minor deviations may be cured by the Proposer, at the sole discretion of the City. Material deviations / irregularities cannot be waived by the City or cured by the Proposer. RFP No. 21-22-001-R I certify that any and all information contained in response to this RFP is true. I certify that this RFP is made without prior understanding, agreement, or connections with any corporation, firm, or person submitting an RFP for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I agree to abide by all terms and conditions of the RFP and certify that I am authorized to sign for the Proposer's firm. Please print the following and sign your name: Firm's Name Principal Business Address Telephone E-mail Address Full Name and Title Authorized Signature Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE 6.2.1 CERTIFICATE OF AUTHORITY (IF CORPORATION) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on 20, the following resolution was duly passed and adopted: "RESOLVED, that, , as President of the Corporation, be and is hereby authorized to execute the Proposal dated, , 20 , to the City of Miami and this Corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 20_ Secretary: (SEAL) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM (AS APPLICABLE) MAY DISQUALIFY PROPOSER'S PROPOSAL Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE 6.2.2 CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Partners of the organized and existing under the laws of the State of , held on , 20, the following resolution was duly passed and adopted: "RESOLVED, that, , as of the Partnership, be and is hereby authorized to execute the Proposal dated, 20, to the City of Miami and this Partnership and that their execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Secretary: (SEAL) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM (AS APPLICABLE) MAY DISQUALIFY PROPOSER'S PROPOSAL Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE 6.2.3 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the organized and existing under the laws of the State of held on , 20, the following resolution was duly passed and adopted: "RESOLVED, that, as of the Joint Venture be and is hereby authorized to execute the Proposal dated, 20_, to the City of Miami and that their execution thereof shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Secretary: FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM (AS APPLICABLE) MAY DISQUALIFY PROPOSER'S PROPOSAL Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE 6.2.4 CERTIFICATE OF AUTHORITY (IF LIMITED LIABILITY CORPORATION) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the organized and existing under the laws of the State of , held on , 20, the following resolution was duly passed and adopted: "RESOLVED, that, as of the Limited Liability Corporation be and is hereby authorized to execute the Proposal dated, 20, to the City of Miami and that their execution thereof shall be the official act and deed of this Limited Liability Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Secretary: (SEAL) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM (AS APPLICABLE) MAY DISQUALIFY PROPOSER'S PROPOSAL Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE 6.2.5 CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that as an individual, I (Name of Individual) and as a d/b/a (doing business as) (If applicable) exist under the laws of the State of Florida. "RESOLVED, that, as an individual and/or d/b/a (if applicable), be and is hereby authorized to execute the Proposal dated, , 20, to the City of Miami as an individual and/or d/b/a (if applicable) and that my execution thereof, attested by a Notary Public of the State, shall be the official act and deed of me as an individual d/b/a (doing business as) " (If applicable) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM (AS APPLICABLE) MAY DISQUALIFY PROPOSER'S PROPOSAL STATE OF COUNTY OF NOTARIZATION ) SS: ) The foregoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF NOTARY PUBLIC STATE OF PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 6.3 DEBARMENT AND SUSPENSION (a) Authority and requirement to debar and suspend: After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the City Attorney, shall have the authority to debar a contractual party for the causes listed below from consideration for award of City contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractor from consideration for award of City contracts if there is probable cause for debarment. Pending the debarment determination, the authority to debar and suspend Contractors shall be exercised in accordance with regulations, which shall be issued by the Chief Procurement Officer after approval by the City Manager, the City Attorney, and the City Commission. (b) Causes for debarment or suspension include the following: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or incident to the performance of such contract or subcontract. 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or Proposals. 4. Violation of contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a contract or to perform within the time limits provided in a contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. 5. Debarment or suspension of the contractual party by any federal, state, or other governmental entity. 6. False certification pursuant to paragraph (c) below. 7. Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the contractual party performing City contracts. (c) Certification: All contracts for goods and services, sales, and leases by the City shall contain a certification that neither the contractual party nor any of its principal owners or personnel has been convicted of any of the violations set forth above, or, debarred or suspended, as set forth in paragraph (b) (5). The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel has been convicted of any of the violations set forth above, or debarred or suspended as set forth in paragraph (b) (5). Company Name: Individual Name: Signature: Date: Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE 6.4 CERTIFICATE OF COMPLIANCE WITH SECTION 18 87 OF THE CITY CODE hereby certify that: i) 1 am the (President/Secretary or Principal) of (Proposer). ii) 1 have read Sections 18 87 of the City of Miami Procurement Code. iii) (Proposer) hereby agrees to assign a minimum of fifteen percent (15%) of the contract value to firms currently certified by Miami Dade County as a Small Business Enterprise ("SBE"). A-R iv) (Proposer) hereby is certified by Miami Dade County as a SBE firm and will self perform to meet the minimum fifteen percent (15%) SBE requirement. An active copy of the Proposer's SBE certification must be included in the proposal document. OPTIONAL: v) (Proposer) hereby agrees to make assignments pursuant to item (iii), above, to certified SBE firms who maintain STATE OF SS: COUNTY OF to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Certificatc of Compliance with Section 18 87 of the City of Miami Procurement Code on behalf-of-P-reposing Firm named therein in favor of the City. Subscribed and sworn to before me this day of , 20_ My commission expires: Notary Public, Statc of Florida at Largc Bonded by: Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 6.5 INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY - FORM A If the Proposer is submitting as a joint venture, please be advised that this form (2 pages) M UST be completed, and the REQUESTED written joint -venture agreement MUST be attached and submitted with this form. 1. Name of Joint Venture: 2. Address of Joint Venture: 3. Phone number of Joint Venture: 4. Identify the firms that comprise the Joint Venture: 5. Describe the role of the MBE firm (if applicable) in the Joint Venture: 6. Provide a copy of the Joint Venture's written contractual agreement. 7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy decision -making, including, but not limited to, those with prime responsibility for: (a) Financial decisions: (b) Management decisions, such as: (1) Estimating: (2) Marketing and sales: (3) Hiring and firing of management personnel: (4) Purchasing of major items or supplies: (c) Supervision of field operations: Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE NOTE: If, after filing this form and before the completion of the Joint Venture's work on the Agreement, and if there is any significant change in the information submitted, the Joint Venture must inform the City in writing. AFFIDAVIT "The undersigned swear or affirm that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operation of our joint venture and the intended participation by each joint venture(r) in the undertaking. Further, the undersigned covenant and agree to provide to the City current, complete, and accurate information regarding actual joint venture work and the payment therefore and any proposed changes in any of the joint venture(r) relevant to the joint venture, by authorized representatives of the City. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." Name of Firm: Name of Firm: Signature: Signature: Name: Name: Title: Title: Date: Date: Construction Manager at Risk Services for West RFP No. 21-22-001-R End Park - D4 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Periscope Source: Agency Reports Periscope Source Welcome amhansen@miamigov.coml Logout Need assistance? Contact us er eet1801] 49(1.9339 Tools View by Line Item I View by Sup Iip_er Email Tabulation I Generate PDF I View Printable Bid #21-22-001-R - Construction Manager at Risk (CMAR) Services for West End Park - D4 Creation Date Jul 14, 2022 End Date Aug 31, 2022 5:00:00 PM EDT Start Date Jul 14, 2022 8:16:15 PM EDT Awarded Date Not Yet Awarded 21-22-001-R-01-01 Construction Manager at Risk (CMAR) Services for West End Park - D4 Supplier Unit Price Qty/Unit Total Price Attch. Docs Pirtle Construction Company First Offer - 1 / each i� Product Code: Agency Notes: Supplier Product Code:RFP 21-22-001-R CMAR Services for West End Park - D4 Supplier Notes: Supplier Totals f Pirtle Construction Company $0.00 Bid Contact Kat Brito jbrancaccio@pirtleconstruction.com Ph 954-343-5947 Address 5700 Griffin Road, Suite 200 Davie, FL 33314 Agency Notes: Supplier Notes: Close Head Attch: **AII bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documeRa: agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received may be available for inspection at that time. Questions? Contact a Periscope Source representative: 800-990-9339 or emaikource-support@periscopeholdings.com Home Bid Search Bids Orders I Tools I Support I Privacy ®©1 Copyright © 2020 - Periscope Holdings, Inc. - All rights reserved. Logout https://www.bidsync.com/DPXReports?ac=bidreview&auc=2102207 1/1 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Pirtle Construction Company i 500 W Cypress Creek Road, Suite 100, Fort Lauderdale. FL 33309 Phone: 954-797-0410 I Fax: 954-797-6330 I www.pirtleconstruction.com CONSTRUCTION MANAGER AT RISK (CMAR) WORK ORDER PROPOSAL Date: Feb 9, 2023 Dear Mr. Badia: James B. Pirtle Construction Company, Inc. dba Pirtle Construction proposes to provide the services identified below for the project entitled "West End Park"." I. GENERAL Pirtle Constructions involvement in this Preconstruction phase will be as a Construction Manager to review, budget and price the 100% documents that currently exist for this project. Additionally we will assist in procuring the project permit in our name, as we understand that this permit is already fully approved other than the assignment of the contractor. All fees for the permitting will be paid by others. II. SCOPE OF WORK A. Task 1 — Preliminary Budgeting 1. Distribution of project Documents to key subcontractors 2. Collection of pricing proposal information 3. Presentation of Project Budget Deliverable to City and Architect for discussion 4. Provide Value Engineering/budgeting Options as requested / required B. Task 2 — Assistance with Project Permitting 1. Registry of Pirtle with City and assumption of permit under the Pirtle Name 2. Complete paperwork as required for procurement of Project Master Permit C. TASK 3 — Project Investigation and Constructability Review 1. Provide consultation of Pool and associated equipment. Objective is to ensure product availability and confirm means and methods of installation. D. TASK 4 — Establish and Negotiate GMP 1. Solicit subcontractors via ISQFT software 2, Create formal bid packages for bidding trades 3. Open sealed bids in a formai setting with Architect and City present 4. Level all bids for evaluation during GMP negotiations 5. Prepare Project GMP for presentation and negotiations 6. Submit Final GMP Deliverable Offices in Broward, Miami -Dade, Palm Beach and Orange Counties CGC055033 �♦`J DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Pirtle Construction Company 1500 W Cypress Creek Road, Suite 100. Fort Lauderdale. FL 33309 Phone: 954-797-0410 I Fax: 954-797-6330 I www.pirtleconstruction.com. III. SUB -CONSULTANTS The below listed Sub -Consultants will assist in the performance of the Work. Sub -Consultant Name Specialty or Expertise ZTI LLC Swimming Pools IV. SCHEDULE OF WORK — TIME OF PERFORMANCE CMAR shall submit the Deliverables and perform the Work as depicted in the tables below SCHEDULE OF DELIVERABLES Task, Sub -task, or Activity ID # Major Task, Sub -Task, Activity, or Deliverable Duration (specify weeks or calendar days) Delivery Date* (cumulative weeks, or calendar days) Preliminary Budget 6 Weeks NTP + Constructability Review 10 Weeks NTP + GMP Proposal 6 Weeks NTP + NTP + NTP + * An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to the City upon receipt of the NTP. V. COMPENSATION CMAR shall perform the Work detailed in this Proposal for a Total fee of $74,500 dollars and 00 cents (Seventy four thousand — five hundred dollars). The City shall not be Gable for any fee, Offices in Broward, Miami -Dade, Palm Beach and Orange Counties CGC055033 0 DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Pirtle Construction Company 500 W Cypress Creek Road, Suite 100, Fort Lauderdale, FL 33309 Phone: 954-797-0410 i Fax: 954-797-6330 1 www.pirtleconstruction.com cost, expense or reimbursable expense or other compensation beyond this amount. Said fee includes an allowance for Reimbursable Expenses required in connection with the Work, which shall not exceed $0. Said Reimbursable Expenses shall be used in accordance with the Agreement Provisions and shall conform to the limitations of Florida Statutes § 112.061. SUMMARY OF COMPENSATION* Task, Sub - task, or Activity ID # Major Task Name and/or Activity Description Fee Amount Fee Basis Plan Reproduction $4,000 Lump Sum Assist with Procurement of Building Permit $6,000 Lump sum Site Investigation & Constructability Review $15,000 Lump Sum Preliminary Budget $15,000 Lump Sum GMP and Negotiations $25,000 Lump Sum Subtotal -- Fees $65,000 Allowance for Reimbursable Expenses $3,0000 10% Owners Contingency Allowance $6,500 TOTAL $74,500 Lump Sum *Note: Compensation should match the Task, Activities, and/or Deliverables identified. VI. ADDITIONAL SERVICES The City may establish an allowance for additional services requested by the City and for unforeseen circumstances, which shall be utilized at the sole discretion of the City. The following services are not included in our basic services: 1) Cost of GPR Scanning 2) Cost of invasive site work investigation requiring equipment 3) Cost of Root Pruning or Tree Relocation Offices in Broward, Miami -Dade, Palm Beach and Orange Counties CGC055033 int DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE Pirtle Construction Company 1500 W Cypress Creek Road, Suite 100, Fort Lauderdale, FL 33309 Phone: 954-797-0410 I Fax: 954-797-6330 1 www.pirtleconstruction.com VII. DATA PROVIDED BY CITY The following information or documents are to be provided by the City: VIII. PROJECT MANAGER CMAR Preconstruction Project Manager for this Work Order assignment will be Scott Larson Submitted by: James Armstrong, Vice President James B Pirtle Construction Co. Inc., dba Pirtle Construction Reviewed and approval in concept recommended by: Name, Project Manager Enter City of Miami Department Offices in Broward, Miami -Dade, Palm Beach and Orange Counties CGC055033 i� DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE DIVISION OF ( J1y1 1Jti of jJ,f/,.org C�D��rrjr AYE' IDrrEj3 an official 5ran, of Florida ss•rbstar Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation JAMES B. PIRTLE CONSTRUCTION COMPANY, INC. Filing Information Document Number 328833 FEI/EIN Number 59-1211364 Date Filed 04/15/1968 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/02/2016 Event Effective Date NONE Principal Address 500 W CYPRESS CREEK ROAD suite 100 FORT LAUDERDALE, FL 33309-6127 Changed: 05/24/2022 Mailing Address 500 W CYPRESS CREEK ROAD suite 100 FORT LAUDERDALE, FL 33309-6127 Changed: 05/24/2022 Registered Agent Name & Address Geary, Michael 500 W Cypress Creek Road STE 100 FORT LAUDERDALE, FL 33309 Name Changed: 01/10/2017 Address Changed: 01/14/2020 Officer/Director Detail Name & Address Title Pres. DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F8ODABCE GEARY, MICHAEL S 500 W Cypress Creek Road STE 100 Ft. Lauderdale, FL 33309 Title Treas/Sec Lipman, Darrell J 500 W Crpress Creek Road STE 100 FORT LAUDERDALE, FL 33309 Title Senior Vice President KATZ, JACOB 500 W Cypress Creek Road STE 100 FORT LAUDERDALE, FL 33309 Title VP Rodriguez, Richard 500 W Cypress Creek Road STE 100 Ft. Lauderdale, FL 33309 Title VP Armstrong, James 500 W Cypress Creek Road STE 100 Ft. Lauderdale, FL 33309 Annual Reports Report Year Filed Date 2021 01/11/2021 2022 01/05/2022 2023 01/03/2023 Document Imam 01/03/2023 --ANNUAL REPORT 01/05/2022 --ANNUAL REPORT 01/11/2021 --ANNUAL REPORT 01/14/2020 --ANNUAL REPORT 01/26/2019 --ANNUAL REPORT 01/15/2018 --ANNUAL REPORT 01/10/2017 --ANNUAL REPORT 05/02/2016 --Amendment View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format DocuSign Envelope ID: 8A88E695-577D-4C48-83D0-F5C7F80DABCE 03/02/2016 --ANNUAL REPORT 01/16/2015 --ANNUAL REPORT 03/26/2014 --AMENDED ANNUAL REPORT 01/06/2014 --ANNUAL REPORT 06/06/2013 --AMENDED ANNUAL REPORT 01/16/2013 --ANNUAL REPORT 12/12/2012 --ANNUAL REPORT 01/03/2012 --ANNUAL REPORT 02/02/2011 --ANNUAL REPORT 01/12/2010 --ANNUAL REPORT 01/09/2009 --ANNUAL REPORT 04/30/2008 --ANNUAL REPORT 04/23/2007 --ANNUAL REPORT 08/04/2006 --ANNUAL REPORT 01/07/2005 --ANNUAL REPORT 01/31/2004 --ANNUAL REPORT 05/02/2003 --ANNUAL REPORT 01/22/2002 --ANNUAL REPORT 01/29/2001 --ANNUAL REPORT 01/20/2000 --ANNUAL REPORT 01/06/1999 --ANNUAL REPORT 01/28/1998 --ANNUAL REPORT 01/29/1997 --ANNUAL REPORT 01/24/1996 --ANNUAL REPORT 01/20/1995 --ANNUAL REPORT 01/20/1995 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations Olivera, Rosemary From: Caseres, Luis Sent: Wednesday, April 19, 2023 11:19 AM To: McGinnis, Lai -Wan; Badia, Hector; Darrington, Mario; Cabrera, Paola; Mora, Jorge; Hansen, Anthony Cc: Cambridge, Susan; Ponassi Boutureira, Fernando; Velez, Pablo; Hannon, Todd; Olivera, Rosemary; Lee, Denise Subject: Document Distribution - RFP 21-22-001-R - Construction Management at Risk (CMAR) Services for West end Park — D4 Attachments: RFP 21-22-001-R-CMAR Services for West End -Executed 04-19-2023.pdf Good morning All: Lai -Wan: Attached for your records is a scanned copy of the document described below, which was duly executed by all appropriate parties. Thank you. Paola You may now close this Matter ID 23- 475 Todd Please find attached the fully executed copy of agreement that is to be considered an original agreement for your records. Document Type: Construction Manager at Risk Services First Party: City of Miami Second Party: Pirtle Construction Company Program/Purpose: Construction Management at Risk (CMAR) Services for West end Park — D4 Effective Date: 04/19/2023 Best regards, i LuA.- Caere - Construction Procurement Assistant City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor, Miami, FL 33130 (305) 416-1923 g (305) 400-5335 ®Lcaseres©miamigov.com 0 "Serving, Enhancing, and Transforming our Community" CONFIDENTIAL COMMUNICATION The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by reply e-mail and destroy all copies of the original message. Thank you. *Please Note: Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to public disclosure. If you're not already a Vendor, click on or scan the QR Code to register as a new vendor for the City of Miami. 2