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2002-24806 Reso RESOLUTION NO. 2002-24806 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO REJECT THE ONLY BID RECEIVED IN RESPONSE TO INVITATION TO BID NO. 41-00101, FOR THE CONSTRUCTION OF THE GROUP "C" PARKS COMPRISED OF: FAIRWAY, MUSS AND WASHINGTON PARKS. WHEREAS, on October 8, 2001, DemandStar by Onvia ("DemandStar") issued Bid notices to 1,741 prospective bidders, and the City's Procurement Division supplemented DemandStar's broadcast list by sending the bid announcement via facsimile to the top 25 construction firms in South Florida; and WHEREAS, on November 16, 2001, the City received one (1) responsive bid from Regosa Engineering, Inc.; and WHEREAS, the Administration and the City's Consultant, REG Architects, Inc., have evaluated the bid received and concluded that it is higher than the funding available for construction for Muss and Fairway Parks. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT THE MAYOR AND CITY COMMISSION authorize the Administration to reject the only bid received in response to Invitation to Bid No. 41-00/01, for the construction of the Group "C" parks comprised of: Fairway, Muss and Washington parks. PASSED and ADOPTED this 10th day of April ATTEST: ~dP~ CITY CLERK T:\AGENDA\2002\MAR2002\CONSENTIResoGroupC,doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION All JlflL.IJ___ 1,-1/e- 0').. '~D. CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m """'iiiiiiiF' Condensed Title: Reject the Only Bid Received for the Construction of the Group "C" Parks Comprised of Fairway, Muss And Washington Parks. Issue: I Whether to reject the only bid received. Item Summary/Recommendation: he bid documents specified that the work on the Group "C" Parks is to be completed under a single )rime contract (all three parks or none). "he Administration and the City's Consultant, REG Architects, Inc., have evaluated the bid received land concluded that it is higher than the funding available for construction for Muss and Fairway Parks. n-he Administration recommends that the bid be rejected, and invitation to bid be re-issued with the condition hat the City may at its discretion award any or all of the Group "C" Parks to the "lowest and best bidder" Jnder a single prime contract. Advisory Board Recommendation: I N/A Financial Information: Amount to be expended: D Finance Dept. Source of Funds: T:\AGENDA\2002\APR1002\REGULAR\SummaryGroupC.doc AGENDA ITEM DATE c78 9'-/CJ-a)... CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.f1.us COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Jorge M, Gonzalez \. vJ'A City Manager 0 v- U From: Date: April 10, 2002 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO REJECT THE ONLY BID RECEIVED IN RESPONSE TO INVITATION TO BID NO. 41-00/01, FOR THE CONSTRUCTION OF THE GROUP "C" PARKS COMPRISED OF: FAIRWAY, MUSS AND WASHINGTON PARKS. ADMINISTRATION RECOMMENDATION Subject: Adopt the Resolution, ANALYSIS On October 8, 2001, DemandStar by Onvia ("DemandStar") issued Bid notices to 1 ,741 prospective bidders, Additionally, the Procurement Division supplemented DemandStar's broadcast list by sending the bid announcement via facsimile to the top 25 construction firms in South Florida, The notices resulted in sixty-one (61) requests for plans and specifications for the Project. On November 16, 2001, the City received one (1) responsive bid, Vendors who had received the plans and specifications were contacted to determine why they elected not to bid, and the following responses were provided: Company Name Reason for not bidding MCO Environmental Project is too big as it is, Bond would not cover all. Su ested breakdown Time, Had other ro'ects oin on, Time, Had other ro'ects oin on, Did not remember exactly reason for not bidding, but they would be interested if re-biddin , Not their specialty. They are site contractors (parking lots, etc) Miami Sk line R. L. Saum Construction J,C,I. International The Redland Co, Jaffer Associates They did bid as subcontractors for GC. Their s ecialization is irri ation Interested if Bid re-issued? Yes, if broken down in two ro'ects Yes, Yes, Yes, Only if it was negotiated with 2/3 contractors Yes,as subcontractor Commission Memo Group IIC" Parks March 20, 2002 Page 2 The sole responsive bidder is Regosa Engineering, Inc. Regosa's bid includes all labor, material, equipment and supervision necessary to complete the Group "C" parks in accordance with the technical specifications and drawings, The bid documents specified that the work on the Group "C" Parks is to be completed under a single prime contract (all three parks or none). The Administration and the City's Consultant, REG Architects, Inc" evaluated the bid received and concluded that it is higher than the funding available for construction for Muss and Fairway Parks, On March 19, 2002, Regosa Engineering filed a protest pursuant to the City's Bid Protest Ordinance. The City Manager withdrew his recommendation from the March 20 Commission meeting in order to resolve the protest. The basis for Regosa's protest was that the base bid amount for the Group "C" Parks ($1,310,000) is lower than the balance available for construction and contingency ($1,327,524), While on the surface and in isolation this statement was true, it is important to note several things regarding the City's funding: First, Fairway and Muss Parks are each partially funded by General Obligation (GO) Bond and Miami-Dade County Safe Neighborhood Parks Bond (SNPB) dollars, Those dollars must be spent within the respective parks and cannot be moved to other locations, Second, the funding for Washington Park is from Miami-Dade County SNPB and South Pointe Redevelopment Agency (RDA) Tax Increment Funding (TIF) dollars, These dollars can only be spent within Washington Park, Lastly, the City Commission approved at its March 20, 2002 meeting, $50,000 in Quality of Life funding to be reallocated from the Fairway Park Project to another project. Thereby decreasing the funding available for Group C Parks to $1,277,524 ($1,327,524 - $50,000). We have attached a spreadsheet illustrating the City's available funding compared to Regosa's Bid, Based on this action, you can see that the City does not have sufficient overall funds ($1,277,524) for the base bid for all three parks combined ($1,310,000), Additionally, when restricted fund sources are taken into consideration, this problem is exacerbated and there is not enough money to fund the individual base bids, and certainly not enough to fund the 10% contingency that the City programs for similar projects. The attached spreadsheet reflects that the total funding available for construction after contingency is set aside, is only $1 ,149,772 as compared to Regosa's bid of$1,310,000, After reducing the City's available funding by the funding available for Washington Park only, the City's funding for construction is reduced to $1,049,098 ($1,149,772 - $100,674), . Commission Memo Group "C" Parks March 20, 2002 Page 3 In reply to Regosa's protest letter dated March 20, 2002, the Administration cannot recommend the award of a contract unless the necessary funds are available. And since there is not enough money to fund the individual base bids, and certainly not enough to fund the 10% contingency that the City programs for similar projects, Regosa's request to be recommended for the contract award was denied, The Administration recommends that the bid be rejected, and an Invitation for Bids be re- issued with the condition that the City may at its discretion award any or all of the Group "C" Parks to the "lowest and best bidder" under a single prime contract. JM . A :TH:~ T:~02\APR1002\REGJLAR\GrOuPc.dOC Q) o IE o :::c l/) Ut) i1i.~ m2 _0. :Ee c(Q) -E :E Q) u. > o 2 ~~ (316 - '0.. co U + "C iii Co) CD 1 i =le..... mCD" ~z8 I- 000 000 000 a:ia:illi ,...en<o 0...... ..... tA- tA- ~ UCD 000 ell) 8g8 Q)&f g~~ ~ !~I o CD O-a "#. 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