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2016-29622 Reso RESOLUTION NO. 2016-29622 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, INVITATION TO BID (ITB) NO. 2016-173-WG FOR COLLINS PARK LIGHT POLE REPLACEMENT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ATF BUILDERS, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ATF BUILDERS, INC. UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, ITB No. 2016-173-WG, was issued on July 27, 2016, with a bid opening date of September 30, 2016; and WHEREAS, the notices resulted in the receipt of five (5) responses from: ATF Builders, Inc., R&D Electric, Inc., Florida Construction and Engineering, Inc., AGC Electric, Inc. and Horsepower Electric, Inc.; and WHEREAS,the bid submittal from R&D Electric, Inc. and AGC Electric, Inc., failed to comply with the minimum requirements as stated in the ITB and, accordingly, their bids were deemed non- responsive; and WHEREAS, in its due diligence, the Procurement Department verified that ATF Builders, Inc. met the requirements of the ITB; and WHEREAS, although ATF Builders, Inc. has been deemed the lowest responsive and responsible bidder(s) meeting all terms, conditions, and specifications of the ITB, ATF Builder's bid price exceeds the City's cost expectations; and WHEREAS, pursuant to Section 2-367(c)(2) of the City of Miami Beach City Code, in bids for municipal construction projects, where the lowest and best bid exceeds the budgeted amount allocated toward the construction cost of the project, the City Manager, without any action by the City Commission, shall have the authority to negotiate an agreement with the lowest and best bidder; and WHEREAS, after considering the bids received and the evaluation of staff, the City Manager recommends that the Mayor and City Commission of the City of Miami Beach, Florida, authorize negotiations, pursuant to Section 2-367(c)(2) of the City of Miami Beach City Code, with ATF Builders, Inc., the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the Agreement upon conclusion of successful negotiations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accepts the recommendation of the City Manager pertaining to the award of bids, pursuant to Invitation to Bid (ITB) 2016-173-WG for Collins Park Light Pole Replacement; authorizes the Administration to enter into negotiations with ATF Builders, Inc.; and, further authorizes the Mayor and City Clerk to execute an Agreement with ATF Builders, Inc. upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED thi 4;a of A/4942016. ,;Z / Q`. �PhT► J. 'ine, Mayor' 7 ATTE. -= ♦ ,. �' ` •; � �"% APPROVED AS TO � t Zv v RP O ; FORM&LANGUAGE Rafael E. Granado, City Clem 1NG0 .f�� &FOR EXECUTION T:WGENDA\2016\November\Procurement�zy<6 9-Wp Coles.. k,Llght'Pdl.�°eplacement\ITB 2016-173-W -Co liniss Pa Light Pole Replacement- Reso.doc C \��� /i (0-2(- ft • mtttt ..••s City Attomey RA I) Date Resolutions - C7 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 9, 2016 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. 2016-173-WG FOR COLLINS PARK LIGHT POLE REPLACEMENT PROJECT; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ATF BUILDERS, INC., THE LOWEST RESPONSIVE BIDDER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ATF BUILDERS, INC. UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION Approve the Resolution. ANALYSIS On November 10, 2015, the City retained TLC Engineering, for design, bid, permit, and construction administration for the Collins Park Light Pole Replacement project. Construction documents and Building Department approval have been completed and are pending the competitive selection of a contractor. The project entails the removal of the existing low light bollards, as well as the purchase and installation of energy reducing, replacement lighting. The proposed smart lighting system will allow for the future integration of sound and security components. ITB PROCESS ITB No. 2016-173-WG, was issued on July 27, 2016, with a bid opening date of September 30, 2016. Three (3)addenda were issued. The Procurement Department issued bid notices to 188 companies utilizing www.publicpurchase.com website and 84 companies via email notification. Fifty six (56) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of five (5) responses from: ATF Builders, Inc., Horsepower Electric, Inc., Florida Construction & Engineering, Inc., AGC Electric, Inc., and R&D Electric, Inc. See tabulation sheet(Attachment A). • The bid submittals from R&D Electric, Inc. and AGC Electric, Inc., failed to comply with the minimum requirements as stated in the ITB and, accordingly, their bids were deemed non- Page 131 of 906 responsive. The remaining responsive bid submittals from ATF Builders, Inc., Horsepower Electric, Inc. and Florida Construction & Engineering, Inc. were considered. The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that the lowest responsive bid submitted by ATF Builders, Inc. met the requirements of the ITB, including: Licensing Requirements: Bidder shall be State of Florida certified and licensed General Contractor to be considered for award and submit evidence of licensing with their bid. ATF Builders, Inc. is State certified as a General Contractor. State license number is: CGC1523695 and expires on August 31, 2018. Bidder must have the capability to provide a performance and payment bond for the project. The City reserves the right to require performance and payment bonds from the successful bidder. Bidders shall submit a Letter from an A-rated Financial Class V Surety Company, indicating the company's bonding capacity, in the amount not less than one hundred percent of the total base bid amount. The bid response from ATF Builders, Inc. was accompanied by a bonding capacity letter indicating that ATF Builders, Inc. has the sufficient bonding capabilities for the project. Financial Stability and Strength: The Bidder must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. While ATF Builders, Inc. has not previously been awarded a contract by the City, staff verified the references provided and found a good record of performance and financial resources to ensure that they can satisfactorily provide the goods and/or services required in the ITB. Accordingly, ATF Builders, Inc. has been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and specifications of the ITB; however, its bid price exceeds the City's cost expectations. The City stated a project budget of $200,000.00. All bids received exceeded the stated budget as shown in Attachment A. Pursuant to Section 2-367(c)(2) of the City of Miami Beach City Code, in bids for municipal construction projects, where the lowest and best bid exceeds the budgeted amount allocated toward the construction cost of the project, the City Manager, without any action by the City Commission, shall have the authority to negotiate an agreement with the lowest and best bidder. Staff recommends negotiating with ATF Builders to try and bring project costs closer to the City's estimate. CONCLUSION After considering the responsive bids received, the evaluation of staff and the bid price for the Page 132 of 906 project, the City Manager recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Resolution authorizing negotiations, pursuant to Section 2-367(c)(2) of the City of Miami Beach City Code, with ATF Builders, Inc., the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract upon successful negotiations by the Administration. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION Grant funding will not be utilized for this project. Amount 1 $200,000.00 Account 1 305-0920-069351-00-410-546-00-00-00- 28560 Total $200,000.00 Legislative Tracking Parks and Recreation/ Procurement ATTACHMENTS: Description ❑ Attachment A Tabulation Sheet ❑ Reso Page 133 of 906 ITB 2016-173-WG Collins Park Light Pole Replacement Project Florida ATF Construction & Horsepower *AGC *R&D Builders, Inc. Engineering, Electric, Inc. Electric, Inc. Electric, Inc. Inc. Lump Sum Grand Total $ 267,254.82 $ 276,675.00 $ 316,080.00 $ 345,888.00 $ 346,822.00 * Non-responsive for failure to comply with General Contractor License minimum requirement. Page 134 of 906