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2010-27557 Reso RESOLUTION NO. 2010 - 27557 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO INVITATION TO BID (ITB) NO. 40- 09/10, FOR THE CONSTRUCTION OF THE SUNSET HARBOUR PARKING GARAGE AND RETAIL PROJECT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BORAN CRAIG BARBER ENGEL CONSTRUCTION COMPANY, INC. (BCBE), IN THE NOT -TO- EXCEED AMOUNT OF $9,267,556.00, FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $926,755.60 (FOR A GRAND TOTAL OF $10,194,311.60), AND EXECUTION SUBJECT TO AND CONTINGENT UPON SATISFACTION OF THE FOLLOWING CONDITIONS: 1.) PROCEEDS OF THE BOND FINANCING FOR THE GARAGE BEING AVAILABLE TO THE CITY; 2.) OCCURRENCE OF THE "SECOND CLOSING" FOR THE REMAINING PROPERTY BEING ACQUIRED BY THE CITY FOR ASSEMBLY OF THE LAND TO DEVELOP /CONSTRUCT THE PROJECT; AND 3.) CONCURRENT WITH THE "SECOND CLOSING," EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND THE DEVELOPER/OWNER OF THE RETAIL PORTION OF THE PROJECT FOR SET ASIDE OF THE DEVELOPER'S CONTRIBUTION; AND FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT. WHEREAS, on July 13, 2010, the City issued Invitation to Bid No. 40 -09/10 for the construction of the Sunset Harbour Parking Garage and Retail Project (the ITB) with an opening date of August 20, 2010; and WHEREAS, a pre -bid meeting to provide information to prospective proposers was held on July 22, 2010; and WHEREAS, Bidsync sent notices to 2,827 prospective proposers resulting in the receipt of seventeen (17) proposals; and WHEREAS, the Administrative Review Panel (the "Panel ") convened on September 28, 2010, to evaluate and score the proposals in order to shortlist the responsive proposals based on the evaluation criteria stated in the ITB; and WHEREAS, the Panel convened on October 5, 2010, to evaluate, score, and rank the shortlisted proposals based on the evaluation criteria stated in the ITB; and WHEREAS, based on the scores and rankings of the Panel members, Boran Craig Barber Engel Construction Company, Inc. (BCBE) was recommended to the City Manager for award; and WHEREAS, after considering the review and recommendation of the Panel, the City Manager has exercised his due diligence and carefully considered the specifics of this ITB process and, as a result, recommends that the Mayor and City Commission authorize the Mayor and City Clerk to execute an agreement with BCBE, at the not -to- exceed amount of $9,267,566 for the construction of the Project, plus approve a project contingency in the amount of $926,755.60 (for a grand total of $10,194,311.60), subject to satisfaction of the conditions set forth in this Resolution; and WHEREAS, the City Manager also requests authorization to engage in value engineering to further reduce the cost and time for completion of said Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Invitation to Bid (ITB) No. 40- 09/10, for the Construction of the Sunset Harbour Parking Garage and Retail Project; and authorize the Mayor and City Clerk to execute an agreement with Boran Craig Barber Engel Construction Company, Inc. (BCBE), in the not -to- exceed amount of $9,267,556.00, for the construction of the Project, plus approve a Project contingency in the amount of $926,755.60 (for a grand total of $10,194,311.60), and execute subject to and contingent upon satisfaction of the following conditions: 1.) Proceeds of the bond financing for the Garage being available to the City; 2.) occurrence of the "Second Closing" for the remaining property being acquired by the City for assembly of the land to develop /construct the Project; and 3.) concurrent with the "Second Closing," execution of an agreement between the City and Developer /Owner of the retail portion of the Project for set aside of the Developer's contribution; and further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said Project. PASSED AND ADOPTED THIS /7 - 141 DAY OF O Ver)16( 0. ATTEST: 1464 Pait dm, i CITY CLERK TYOR APPROVED AS TO FORM & LANGUAGE FOR EXECUTION • /, iolq to Attomey Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager, Pursuant To Invitation To Bid (ITB) No. 40- 09/10, For The Construction Of The Sunset Harbour Parking Garage And Retail Project; And Authorizing The Mayor And City Clerk To Execute An Agreement With Boran Craig Barber Engel Construction Company, Inc. (BCBE), In The Not -To- Exceed Amount of $9,267,556.00, For The Construction Of The Project, Plus Approve A Project Contingency In The Amount Of $926,755.60 For A Grand Total Of $10,194,311.60; And Execution Subject To And Contingent Upon Satisfaction Of The Following Conditions: 1. Proceeds Of The Bond Financing For The Garage Being Available To The City; 2. Occurrence Of The "Second Closing," For The Remaining Property Being Acquired By The City For Assembly Of The Land To Develop /Construct The Project; And 3. Concurrent With The "Second Closing," Execution Of An Agreement Between The City And The Developer /Owner Of The Retail Portion Of The Project For Set Aside Of The Developer's Contribution; And Further Authorizing The Administration To Engage In Value Engineering To Further Reduce The Cost and Time For Completion Of Said Project. Key Intended Outcome Supported: Ensure well- maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Community Satisfaction Survey noted 82% of North Beach residents rated recent capital projects completed as "excellent" or "good" compared to 89% of residents citywide. Issue: Shall the Mayor and City Commission adopt the Resolution? Item Summary /Recommendation: The work comprises of the construction necessary for the completion of the Sunset Harbour Garage and Retail located at 1900 Bay Rd. The project is a mixed -use building consisting of 29,350 SF of ground floor retail and 141,000 SF of parking on 4 levels above grade, accommodating a total of 435 parking spaces. The parking levels will be screened with an architectural screen consisting of painted aluminum panels and grilles supported on an aluminum framework across the entire east and west facades and a painted pattern over concrete block and stucco on the north and south facades. The building has been designed following the criteria for energy efficient, sustainable design as set forth by the United States Green Building Council (LEED certification will not be a requirement) The building is to be protected throughout by an automatic sprinkler system. ITB No. 40 -09/10 was issued on July 13, 2010, with an opening date of August 20, 2010. The pre -bid conference was held on July 22, 2010. During the pre -bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. Bidsync issued bid notices to 2,827 prospective bidders which resulted in the receipt of seventeen (17) bids. On September 28, 2010, the Technical Review Panel (TRP) convened to shortlist bidders based on the following criteria: • 50 Points - Grand Total Base Bid Amount • 10 Points - Risk Assessment Plan/Value Added Submittals • 15 Points - Past performance evaluation surveys On October 5, 2010, the TRP reconvened to interview the shortlisted bidders based on the following criteria: • 25 Points - Presentation and interview of key personnel Upon completion of the interviews, the TRP discussed their individual perceptions of each prospective bidder's qualifications, experience, and competence to score and rank the firms accordingly. Boran Craig Barber Engel Construction Company, Inc. (BCBE) received four of five first -place votes for contract award. After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. As a result, the City Manager recommends to the Mayor and City Commission to award the contract to Boran Craig Barber Engel Construction Company, Inc. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: 1 N/A _ Total City Clerk's Office Legislative Tracking: Aaron Si; es Ext. 68 .3 Si•n -O De.! ment Di I ' or Special Asst to a /Asst Marla • - e I irector Cit Ma ;,' r ICIPPAIMEERMRSIMIMMIIIIMUMEIE"...■ PDW �1 ;'jj�j •; TAG �' SA\2010 \Nove �•er 17 \Regular \ITB- 40- 09 -10 Su set Harbour marking Garage and Retail - Summary.doc e AGENDA ITEM DATE I l l ? ` I 1 _ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager , f . DATE: November 17, 2010 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO INVITATION TO BID (ITB) NO. 40- 09/10, FOR THE CONSTRUCTION OF THE SUNSET HARBOUR PARKING GARAGE AND RETAIL PROJECT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BORAN CRAIG BARBER ENGEL CONSTRUCTION COMPANY, INC. (BCBE), IN THE NOT -TO- EXCEED AMOUNT OF $9,267,556.00, FOR THE CONSTRUCTION OF THE PROJECT, PLUS APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $926,755.60 (FOR A GRAND TOTAL OF $10,194,311.60), AND EXECUTION SUBJECT TO AND CONTINGENT UPON SATISFACTION OF THE FOLLOWING CONDITIONS: 1.) PROCEEDS OF THE BOND FINANCING FOR THE GARAGE BEING AVAILABLE TO THE CITY; 2.) OCCURRENCE OF THE "SECOND CLOSING" FOR THE REMAINING PROPERTY BEING ACQUIRED BY THE CITY FOR ASSEMBLY OF THE LAND TO DEVELOP /CONSTRUCT THE PROJECT; AND 3.) CONCURRENT WITH THE "SECOND CLOSING," EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND THE DEVELOPER/OWNER OF THE RETAIL PORTION OF THE PROJECT FOR SET ASIDE OF THE DEVELOPER'S CONTRIBUTION; AND FURTHER AUTHORIZING THE ADMINISTRATION TO ENGAGE IN VALUE ENGINEERING TO FURTHER REDUCE THE COST AND TIME FOR COMPLETION OF SAID PROJECT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOMES SUPPORTED Ensure well- maintained facilities. ANALYSIS The Sunset Harbour neighborhood is part of the Middle Beach commercial service area which has demonstrated a deficiency in neighborhood retail. The City performed an initial economic development site analysis that indicated retail could do well in this neighborhood, primarily serving middle beach residents. These residents currently have to travel to other areas since there is insufficient retail in mid -beach to meet their needs. The proposed development could provide sustainable neighborhood retail, which would generate the need for approximately 135 parking spaces. Commission Memorandum — ITB -40 -09/10 — Sunset Harbour Garage and Retail November 17, 2010 Page 2 of 5 Additionally, the Parking Department has indicated that there are peak periods with a parking shortage for current uses in the area, such as evening hours and lunchtime. The estimated parking demand for these peak periods is 30 spaces. There is also anecdotal demand for valet parking storage in the neighborhood for restaurants and other establishments, as well as, for single - family residents who have large events in their homes. The Parking Department estimates this demand at approximately 50 spaces. The neighborhood has begun to undergo changes from a utilitarian light industrial district to a more mixed urban commercial district. There have been initial discussions regarding parking overlay district in this area that could serve as a catalyst for further redevelopment of properties in the area, with the potential of expanding the neighborhood retail opportunities beyond that which would be included in the garage. The preliminary estimate for this demand is 150 -175 spaces. As such, there is an estimated parking demand for 300 to 400 parking spaces not including the parking needed for the City's Property Maintenance Division. SCOPE OF SERVICES The work comprises of the construction necessary for the completion of the Sunset Harbour Garage and Retail located at 1900 Bay Rd. The project is a mixed -use building consisting of 29,350 SF of ground floor retail and 141,000 SF of parking on 4 levels above grade, accommodating a total of 435 parking spaces. The parking levels will be screened with an architectural screen consisting of painted aluminum panels and grilles supported on an aluminum framework across the entire east and west facades and a painted pattern over concrete block and stucco on the north and south facades. The building has been designed following the criteria for energy efficient, sustainable design as set forth by the United States Green Building Council (LEED certification will not be a requirement) The building is to be protected throughout by an automatic sprinkler system. BID PROCESS ITB No. 40 -09/10 was issued on July 13, 2010, with an opening date of August 20, 2010. The pre -bid conference was held on July 22, 2010. During the pre -bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. Bidsync issued bid notices to 2,827 prospective bidders which resulted in the receipt of the following seventeen (17) bids: • Boran Craig Barber Engel Construction Company, Inc. • CB Constructors, Inc. • Florida Lemark Corp. • G.T. McDonald Enterprises, Inc. • H.A. Contracting Corp. • JCON Group Corp. • John Moriarty and Associates, Inc. • KM /Plaza • KVC Constructors, Inc. Commission Memorandum — ITB-40-09/10 — Sunset Harbour Garage and Retail November 17, 2010 Page 3 of 5 • Link Construction Group, Inc. • Merkury Development • Milton Construction Company • SIKON Construction Company, LLC • Stiles Corporation d /b /a Stiles Construction • Suffolk Construction Company, Inc. • Turner Construction Company • Veitia Padron, Inc. Through the Procurement Division's review of each bid for responsiveness, there were two (2) bidders disqualified or deemed nonresponsive to the ITB. JCON Group Corp. and Florida Lemark Corp., the tenth and sixteenth lowest bidders at $10,672,015.82 and $12,130,703.31 respectively, were disqualified for failing to respond to the City's request for additional information within the deadline provided. As a result, the following table provides the proposed lump sum bid prices of the fifteen (15) responsive bids: t. Grand Total Compan Base Bid Amount Merku Develo • ment $ 9,191,269.00 Boran Crai • Barber En • el Construction Com • an ,Inc. $ 9,267, 556.00 G.T. McDonald Enter•rises, Inc. $ 9,690,748.00 Suffolk Construction Com•an , Inc. $ 9,703,518.92 KVC Constructors, Inc. $ 10,063,807.00 KM /Plaza $ 10,123,735.00 Milton Construction Com •an $ 10,168,458.20 John Moriart and Associates, Inc. $ 10,173,131.00 Stiles Corporation d /b /a Stiles Construction $ 10,590,060.00 CB Constructors, Inc. $ 10,711,195.12 Link Construction Grou., Inc. $ 10,933,717.28 H.A. Contractin• Cori. $ 11,199,536.69 SIKON Construction Com•an , LLC $ 11,315,259.00 Veitia Padron, Inc. $ 11,558,318.68 Turner Construction Com •an $ 13,243,069.28 The Technical Review Panel (TRP) consisted of the following individuals: • Humberto Cabanas, Capital Project Coordinator, CIP Office • William Cary, Assistant Director, Planning Department • Saul Frances, Director, Parking Department • Emanuel Mayer, Special Assistant to the City Manager, City Manager's Office • Scott Robins, President, Scott Robins Companies On September 28, 2010, the TRP convened to shortlist bidders based on the following criteria: Commission Memorandum - ITB-40-09/10 - Sunset Harbour Garage and Retail November 17, 2010 Page 4 of 5 • 50 Points - Grand Total Base Bid Amount • 10 Points - Risk Assessment PlanNalue Added Submittals • 15 Points - Past performance evaluation surveys As a result of the shortlisting process, the TRP invited the following companies for interviews: 9p g P • Boran Craig Barber Engel Construction Company, Inc. • G.T. McDonald Enterprises, Inc. • KM /Plaza • KVC Constructors, Inc. • Merkury Development • Stiles Corporation d /b /a Stiles Construction • Suffolk Construction Company, Inc. On October 5, 2010, the TRP reconvened to interview the shortlisted bidders based on the following criteria: • 25 Points - Presentation and interview of key personnel Upon completion of the interviews, the TRP discussed their individual perceptions of each prospective bidder's qualifications, experience, and competence to score and rank the firms accordingly. Boran Craig Barber Engel Construction Company, Inc. (BCBE) received four of five first -place votes for contract award as noted below: ITB 40 -09/10 Pa G }°i Vote Point Company Cabanas Cary Frances Mayer Robins Total Total BCBE 89.31 (1) 81.81 (3) 85.06 (1) 89.31 (1) 92.06 (1) 7 437.55 Suffolk 88.93 (2) 86.93 (1) 82.68 (2) 88.93 (2) 90.68 (2) 9 438.15 G.T. McDonald 80.59 (3) 80.34 (4) 74.84 (4) 84.34 (3) 83.84 (4) 18 403.95 KVC 75.98 (6) 82.23 (2) 75.23 (3) 82.73 (4) _ 78.23 (6) 21 394.4 KM /Plaza 78.24 (5) 78.24 (5) 73.49 (5) 71.49 (6) 83.99 (3) 24 385.45 Stiles 78.49 (4) 76.99 (6) 68.74 (6) 77.74 (5) 80.74 (5) 26 382.7 Merkury 72 (7) 68.75 (7) 68 (7) 70.75 (7) 70 (7) 35 349.5 Based on the interviews, the TRP noted that Merkury did not demonstrate sufficient experience and financial capacity to construct the garage. Merkury did admit that this project would have been the largest project they would have managed. Given the difference in price between Merkury and BCBE, the TRP agreed that BCBE was the better option for the City. Boran Craig Barber Engel Construction Company, Inc. BCBE is a General Contractor that has been providing construction services in South Florida for over 35 years focusing mainly on high and low -rise condominiums, commercial office buildings, mixed -use projects, government, health care facilities, hotels, and lifestyle community clubhouses and facilities. BCBE also recently constructed the following parking garages in Commission Memorandum — ITB -40 -09/10 — Sunset Harbour Garage and Retail November 17, 2010 Page 5 of 5 South Florida: • St. Tropez Precast Parking Garage - $9,900,000; 660 spaces • One Bal Harbour Parking Garage - $8,950,000; 453 spaces • Oceanside Parking Garage - $7,955,000; 430 spaces • Beau Rivage Precast Parking Garage - $5,445,000; 363 spaces • Serano at Hammock Bay Precast Parking Garage - $4,560,000; 260 spaces CITY MANAGER'S REVIEW After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. As a result, the City Manager recommends to the Mayor and City Commission to award the contract to Boran Craig Barber Engel Construction Company, Inc. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the attached Resolution accepting the recommendation of the City Manager pursuant to Invitation to Bid (ITB) No. 40- 09/10, for the Construction of the Sunset Harbour Parking Garage and Retail Project; and authorize the Mayor and City Clerk to execute an agreement with Boran Craig Barber Engel Construction Company, Inc. (BCBE), in the not -to- exceed amount of $9,267,556.00, for the construction of the Project, plus approve a Project contingency in the amount of $926,755.60 (for a grand total of $10,194,311.60), and execute subject to and contingent upon satisfaction of the following conditions: 1.) Proceeds of the bond financing for the garage being available to the City; 2.) occurrence of the "Second Closing," for the remaining property being acquired by the City for assembly of the land to develop /construct the Project; and 3.) concurrent with the "Second Closing" execution of an agreement between the City and Developer /Owner of the retail portion of the Project for set aside of the Developer's contribution; and further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said Project. T:\AGENDA\2010 \November 17 \Regular\ITB 40 -09 -10 - Sunset Harbour Garage and Retail - MEMO.docx