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2001-24652 RESO RESOLUTION NO. 2001-24652 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTRACT WITH THE COLLAGE DESIGN AND CONSTRUCTION GROUP, INC., DOING BUSINESS AS "THE COLLAGE COMPANIES", AS THE LOWEST BIDDER IN RESPONSE TO INVITATION TO BID NO. 58. 00/01 FOR THE CONSTRUCTION OF THE NORTH SHORE PARK AND YOUTH CENTER, IN AN AMOUNT NOT TO EXCEED $5,861,232, COMPRISED OF HARD CONSTRUCTION AND CONTINGENCY COSTS FOR THE PROJECT; AND IF THE NEGOTIATIONS ARE SUCCESSFUL, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUCH CONTRACT; ADDITIONALLY APPROPRIATING FUNDS IN THE TOTAL AMOUNT OF $1,174,779 FROM THE 1999 GENERAL OBLIGATION (G.O.) BOND FUND NO. 377 TO COMPLETE THE BALANCE OF PREVIOUSLY APPROPRIATED FUNDS FOR THE CONSTRUCTION BUDGET, AND THE COST OF FURNITURE, FIXTURES AND EQUIPMENT, AS WELL AS ART IN PUBLIC PLACES, CAPITAL IMPROVEMENT PROJECTS OFFICE MANAGEMENT FEE, AND THE PROGRAM MANAGEMENT FEE. WHEREAS, pursuant to RFl1 No. 11-96/97 to provide professional architectural/engineering services for the Parks and Recreation Master Plan design, the City entered into an agreement with the architectural firm of Bermello, Ajamil and Partners, Inc. to develop plans and specifications for the North Shore Park and Youth Center Project; and WHEREAS, on November 2,1999, the citizens of Miami Beach voted $1,350,000 from the $92 Million General Obligation Bond fund to supplement the original Park General Obligation Bond fund for, among other improvements, the North Shore Park and Youth Center Project; and WHEREAS, during the programming and design phases of the Project, the Administration sought the input of the citizens at large through community meetings and workshops; and WHEREAS, throughout the process, the Project was extensively reviewed by the public and various City boards and committees, including the North Beach Youth Center Oversight Committee and the Parks and Recreation Facilities Board; and WHEREAS, as a result, many changes, additions and adjustments were made and a bigger architectural program and design, to fit the expressed needs of the community, was achieved; and WHEREAS, during the course of the construction documentation phase, the Administration reviewed the constructability of the Project as it relates to the available funding for construction; WHEREAS, at this stage of the Project, the City's consultant, Bennello, Ajamil and Partners, Inc., submitted a more accurate Probable Cost Estimate, and Hanscomb, Inc., an independent professional construction cost estimating finn, also evaluated the cost of construction, based on current market price and conditions; and both estimates established at the time that programs would need to be deleted in order to meet the actual construction budget; and WHEREAS, on September 10, 2001, Invitation to Bid No. 58-00/01. for the construction of the North Shore Park and Youth Center, was issued with a bid opening date of October 10, 2001; and WHEREAS, one thousand nine hundred and fifty eight (1,958) vendors were notified, and sixty-three (63) bid specifications were issued; on October 10, 2001, four (4) bids were received, with three (3) responsive bids, and one (1) non-responsive bid; and WHEREAS, after evaluation by the City's consultant and the Administration, The Collage Design and Construction Group, Inc., doing business as "The Collage Companies", was determined to be the lowest and best bidder; and WHEREAS, all the bids, including The Collage Companies', significantly exceeded the Project budget; and WHEREAS, the Administration reviewed and analyzed the possible options available for the Project; therefore recommends the Mayor and City Commission to authorize the Administration to enter into negotiations with the lowest and best bidder to get the project within the funded amount. 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 approve and authorize the City Manager or his designee to negotiate a contract with The Collage Design and Construction Group, Inc., doing business as "The Collage Companies", as the lowest bidder, in response to Invitation to Bid No.58-00/0l for the construction of the North Shore Park and Youth Center, in an amount not to exceed $5,861,232, comprised of hard construction and contingency costs for the Project; and if the negotiations are successful, approve and authorize the Mayor and City Clerk to execute such contract; additionally appropriating funds in the total amount of $1.174,779 from the 1999 General Obligation (G.O.) Bond Fund No. 377 to complete the balance of previously appropriated funds for the construction budget, and the cost of furniture, fixtures and equipment, as well as Art in Public Places, Capital Improvement Projects Office management fee, and the program management fee. PASSED AND ADOPTED this 17th day ofOctobe; 2001. A TIEST: ~r fcu~ CITY CLERK tij MAYOR F:\WORK\SALL\MAGMIOOOBOND\NOSORESO.WPD APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION ~ ~1"'!6/01 City Ait<>m<tf'( Date OC1-; E-O I ,.",.. . J~ 2:3D PH ............ r~j L~U. r. t. ~ IEAMHLO'AJAMIL lPARTNERS.INC ..."t"lr(C1U~( '~Pl'IIol.E~lltC P~AJllJllIJ11~' l!'IfiAIOA DfSII', . lAItD:lClIl'( iIIRC.ITEel,,_1 October 16.2001 Via Fax/Mail Mr Michel Magloire Project Manager City of Miami Beach \700 Convention Center Drive Miami Ileach, FL, 33139 HE: City of :\liami Beach North Shorr. Park Bid Award Recommendation B&A Project No. 9753.101 Mr, Magloire, 011 Wednesday, October 10,2001, the City of Miami Beach received four bids for the North Shore Park Md Youth Center project. On Monday, October 15,2001, city staff forwarded a bid tabulation form to I3&A identifying specific requirements due from each contractor at the time ofthe bid, Based olllhe information bcing indlcated on this tabulation form, the apparent low bidder at the time of the bid opening did not submit a 5% bid bond nor did they issue a certified check that would have satisfied this requirement, The apparent low bidder hilS been deemed non-responsive by the City of Miami Deach Procurement department. Thus, B&A is recommending that the City accept the second low bidder, The Collage Desigl1 and Construction Group, Inc who has apparently satisfied all bidding req\liremems O&A is recommending that the City of Miami Beach proceed with the Base Bid work only Should you have any further questions regarding this recommendation, please call me, ;-~ , Partner cc\w\cncL Ke,in Smith, eMS Tim Hemstreet. eMS Todd Osbofll. VRS Project FIle U'\!..IDP.o\RJCS\NSPOidRe>: wpd 2Ul SOUTH 8A'fSHORE D!\IVE . \OTI1 HOO" . t.lIA'-'1 Fl SSIS3 . USA' ,.3D!.Ut.205G' ~AX 1-31J5.IB.nu >NWWbl~'llllleom U:I~4j'I.1I111l1U .UUIlll ,'ICft~ILl @ "~II I e -lllOl 1III111 H ~m II ,I I I II I ~ n Il!i~~ IIII illin !: I !!! i ! ! ! i II - - - - - - - --' - - - - - - - -..... . I t i . D33J D33J D33J D33J D33J D33J .~ .,; ..l, '" z"", 0:= I- :31:: i W -Q. W >"'1 g: ~ $i (Il ! -0 C '" _________J ,....... ---------1 ---------1 , ---------j ---------l _ _ _ _ _ _ _ _ _ J . ~ '" >"" ."'> .il:- ~t:: ..l'" ",,,, . . . , I i l.ilJ , ! llllll 3ntv, -:Iiii>' :JtvIO<:ii>'/-i . D33J D33J ClJ D~8D "". z"" D~ ~ fl D33J ~ ... .. ~ l:j'" ..l"" 0:= ...t:: D", "'''' !~$ i I, ~ ~ ~ ~ U; ; i ~ D oll ~ ~ ""~ uS ~; 0;;:1 >- , r , , ~ ~:i ',U ~:!: "'n Z~ 0 0- c :H: "-I -"', >", . "'''' ~ 1i"'- ::; , o I o ' ~ I - ....~ ~~ z :2\' 2"" "'> "'- "".... u-I -c.Z E. o U"" -, ~111: ~I: UL~~ ;ON ... 0 *: U.... ..l..l ..l'" "''''' ~~ ~Q "'''' "'''' 10- - .. ~ '" ....~ " , ;0 .... . 05 " D", 8s ~ ..l "" Ii: ..l~ ..l'" "':0 ~~ ",'" ",'" ",6 . o ~ ~ I ~ ~ .w ~ }~3::t o C! ~ ,< I . L _ _ _ _ _ _ _ __ .....--------- I II I- I III II i I i\ I ;il\lll dh :!!! ! ~ i ~ 1: " ~ , 0 . -------- ~I u - - - - - -- - -....! CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM TO: Mayor Neisen O. Kasdin and Members ofthe City Commission JorgeM.Gonzalez ~ .~ City Manager Or 0 DATE: October 17, 2001 FROM: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE A CONTRACT WITH THE COLLAGE DESIGN AND CONSTRUCTION GROUP, INC., DOING BUSINESS AS "THE COLLAGE COMPANIES", AS THE LOWEST BIDDER IN RESPONSE TO INVITATION TO BID NO. 58-00/01 FOR THE CONSTRUCTION OF THE NORTH SHORE PARK AND YOUTH CENTER, IN AN AMOUNT NOT TO EXCEED $5,861,232, COMPRISED OF HARD CONSTRUCTION AND CONTINGENCY COSTS FOR THE PROJECT; AND IF THE NEGOTIATIONS ARE SUCCESSFUL, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUCH CONTRACT; ADDITIONALLY APPROPRIATING FUNDS IN THE TOTAL AMOUNT OF $1,174,779 FROM THE 1999 GENERAL OBLIGATION (G.O.) BOND FUND NO. 377 TO COMPLETE THE BALANCE OF PREVIOUSLY APPROPRIATED FUNDS FOR THE CONSTRUCTION BUDGET, AND THE COST OF FURNITURE, FIXTURES AND EQUIPMENT, AS WELL AS ART IN PUBLIC PLACES, CAPITAL IMPROVEMENT PROJECTS OFFICE MANAGEMENT FEE, AND THE PROGRAM MANAGEMENT FEE. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. FUNDING: Funding in the total amount of $5,861,232 is available for construction and contingency as follows: . $4,095,407 from the 1995 Park General Obligation Bond Fund No. 370 . $660,919 from the 1999 General Obligation Bond Fund No. 377 (to be appropriated) . $93,458 from the Florida Recreation Development Assistance Program (FRDAP) Grant AGENDA ITEM P? 7 I DATE lo-/7-0f City Commission Memorandum North Shore Park October 17, 200 1 . $1,000,000 from the United States Housing Urban Development Department- (HOD) -Section 108 Loan . $11,448 from the Safe Neighborhood Park (SNP) Bond fund ANALYSIS: The North Shore Park project has been an ongoing and expanded vision of the community, the Mayor and Members of the City Commission, and the Administration since early 1994 when a referral to a joint meeting of the Finance and Capital Improvements Committee initially discussed the issuance of a General Obligation Bond in the amount of $40 million for the improvements to the city park system. At the time of the referral, the Park Bond Master Plan estimated $3,233,982 to cover the expenses included in the scope of the North Shore Park and Youth Center project. The scope of work included in the Master Plan consisted of, among other improvements to the park, the construction of a new recreation center, a new tennis center, a new community center, a new field storage building, a new covered basketball pavilion, and the renovation of the band shell. Also included in the program were the replacement of the existing tennis courts by twelve (12) hydro-courts, the renovation of the existing basketball courts, the construction of a new shuffleboard court and shelter, a new ball field, new park entries, accessible routes and walkways, security lighting, new irrigation and landscaping. On November 8, 1994, the citizens of Miami Beach approved the issuance of the $15 Million in General Obligation (G.O.) Bonds for the improvements to the city park system, of which $2,559,580 was earmarked to develop improvement programs identified in the Master Plan for North Shore Park. Thereafter, the City entered into an Agreement with the architectural firm of Bermello, Ajamil and Partners, Inc., to develop plans and specifications for the North Shore Park and five (5) other park projects included in the Bond Master Plan. During the North Shore Park project's programming and design phases, the Administration sought the input of the citizens at large through community meetings and workshops. Therefore, throughout the process, the project was extensively reviewed by the public and various City's Boards and Committees, including the North Beach Youth Center Oversight Committee and the Parks and Recreation Facilities Board. As a result, many changes, additions and adjustments were made. A bigger architectural program and design, to fit the expressed needs of the community, was achieved. Consequently, the project's budget needed to grow proportionally with the program. To achieve this goal, the Administration, pursuant to the City Commission's approval. sought and received additional funding from the Safe Neighborhood Park Bond (SNPB), the Florida Recreation Development Assistance Program (FRDAP), the HOD -Section 108, the Quality of Life, totaling $1,117,500 in additional funds for the project. Also the 1994 $15 Million Parks Bond allocation was increased to $4,557,467. Additionally, on November 2, 1999, the citizens of Miami Beach voted $1,350,000 from the $92 Million G.O. Bond fund to supplement the original Park General Obligation Bond fund for the North Shore Park and Youth Center project. 2 City Commission Memorandum North Shore Park October 17,2001 During the course of the construction documentation phase, the Administration reviewed the constructability of the project as it relates to the available funding for construction. At this stage of the project, the City's consultant, Bermello, Ajamil and Partners, Inc. submitted a more accurate Probable Cost Estimate, Hanscomb Inc., an independent professional construction cost estimating firm, was also requested to evaluate the cost of construction, based on current market price and conditions. Both estimates established at the time that programs would need to be deleted in order to meet the actual construction budget. Consequently, City staff took the necessary steps to coordinate with Bermello, Ajamil and Partners, the City's consultant, and URS Corporation, the City's program manager, the prioritization of the project's program, including grouping the project's components in additive alternates, in order to make the bids more realistic relating to the budget, resulting in a more manageable evaluation of the bids and later award of the lowest and best bidder. The setting of the project components, as follows, took into consideration the maximization of the available budget in relation to the ranking of the programs established by City staff and the consultant based on community's input during the planning and programming phases: . Base bid: Site Demolition and preparation Youth Center and Gymnasium Tennis courts Tennis center building Tennis practice court Shuffleboard courts Lighting fixtures Signage Baseball fields . Additive Alternate No.1: Baseball dugouts . Additive Alternate No.2: Concession I Restroom Concession ex!. stair Restroom ext. stair Basketball court . Additive Alternate No.3: North pavilion South pavilion 3 Flagpoles Landscape lighting 3 City Commission Memorandum North Shore Park October 17, 2001 On September 10, 2001, the Invitation to Bid was issued with a Bid Opening date of October 5,2001. One thousand nine hundred and fifty eight (1,958) vendors were notified and sixty-three (63) bid specifications were issued. A Pre-Bid Conference was held on September 20, 2001. During the bidding phase, the prospective bidders issued a number of requests for information. As a result, there were two (2) addenda amending the bid documents and the bid opening date was extended to October 10, 2001. Four (4) bids were received. Three (3) bids were responsive and one (1) was non-responsive. They are as follows: . Regosa Engineering, Inc. (Non- responsive) . The Collage Design and Construction Group, Inc., d.b.a. "The Collage Companies" . MCM Corp. . Hewett-Kier Construction Inc. The bidders' proposals included all labor, materials, equipment and supervision necessary to complete the North Shore Park and Youth Center project, in accordance with the technical specifications and drawings. To allow an early occupancy by the public, the project is divided in three (3) phases, each one with a different substantial completion date. They are as follows: 1. Phase I . Base Bid: Baseball fields . Additive Alternate 2: Concession field house, tot lot, basketball court Phase I must be substantially completed within one hundred eighty (180) calendar days after the Notice to Proceed. Additionally, this phase shall be completed and ready for final payment forty-five (45) days following the substantial completion date. 2. Phase II . Base Bid: tennis center, tennis courts, shuffle board courts, practice court, maintenance building . Additive Alternate 3: pavilions Phase 2 must be substantially completed within three hundred sixty (360) calendar days after the Notice to Proceed. Additionally, this phase shall be completed and ready for final payment forty-five (45) days following the substantial completion date. 3. Phase III . Base Bid: community center, gymnasium and entry plaza Phase 3 must be substantially completed within four hundred fifty (450) calendar days after the Notice to Proceed. Additionally, this phase shall be completed and ready for final payment forty-five (45) days following the substantial completion date. The following Bid Tabulation indicates the bidders' quotes for Base Bid, and Additive Alternates: 4 City Commission Memorandum North Shore Park October 17, 2001 BID TABUI.ATION DESCRIPTION REGOSA COLLAGE MCM ENGINEERING HEWETT-KIER ENGINEERING. CONSTRUCTION Total Base Bid $5.950.000 $5.997.000 $6.900.000 $6.962.450 Add Alternate #1 Baseball DU20Uts Total Alternate #1 $40.000 $115.000 $53.000 $25.100 Add Alternate #2 ConcessionJRestroom Concession Ext. Stair Restroom Ext. Stair Basketball Court Total Alternate #2 $384.000 $433.000 $378.000 $491.400 Add Alternate #3 North Pavilion South Pavilion 3 Flagpoles landscape lighting Total Alternate #3 $267.000 $220.000 $183.000 $208.500 Total Base Bid + Alternates $6.641.000 $6.765.000 $7.514.000 $7.687,450 *Note: Regosa Engineering Inc. was deemed non-responsive for failure to submit with its bid, the required 5% Bid Guaranty. The City's total funding for construction of the North Shore Project is $6,301,832. This funding includes the cost for the construction, and the construction contingency, and an allowance to cover the costs of other owner's provided components for the project that include: site lighting, site furnishing, signage, and playground equipment. City staff and the City's consultants have evaluated the bids. The bidders' references were also verified by the City's Procurement Division and the Rating Source.Com Inc. As a result, The Collage Design and Construction Group, Inc., d.b.a. "The Collage Companies" was established to be the "lowest and best" bidder. The following comparison table indicates the result of the analysis: BID TABULATION ANALYSIS DESCRIPTION COLLAGE CONSTRUCTION ACTUAL BUDGET UNFUNDED Total Base Bid $5 997 000 $5,311.232 $685 768 Construction contingency $0 $550.000 $0 **SitelillhtiOl! $0 $352.000 $0 **Siiroage allowance $0 $25.000 $0 **PlavJUound EQuipment allowance $0 $35.000 $0 ..Site furnishing $0 $28.600 $0 ."'Subtotal $440.600 $0 Total Alternate #1 $115.000 $115.000 Total Alternate #2 $433.000 $433.000 Total Alternate #3 $220.000 $220.000 Total Base Bid + Alternates $6 765 000 $6.301.832 $1 453 768 ~ **indicate the items to be purchased and provided directly by the City in order to achieve savings. 5 City Commission Memorandum North Shore Park October 17, 2001 In light of the above, and as stipulated in Article 4.2.2 of the Agreement between the City and the design consultant Bermello, Ajarnil and Partners, "if the lowest bona fide base bid exceeds the Construction Cost Budget by more than 5%, the City Commission shall at its sole discretion, have any of the following options: 1) Give written approval of an increase in the Construction Cost Budget (Increase of funding). 2) Reject all bids and proposals, authorize re-bidding, or (if permissible) authorize are-negotiation of the Project within a reasonable time. 3) Abandon the Project and terminate Consultant's services for the Project covered by this Agreement without further liability to the City. 4) Select as many Deductive Alternatives as may be necessary to bring the award within the Construction Cost Budget. (Not applicable since the bid does not include any Deductive Alternates) 5) Cooperate with the Consultant in reducing the Project's scope and quality and construction schedule and sequence of work as required to reduce the Construction Cost. In addition to the Contract's langnage with Bermello, Ajarnil and Partners, the following Code Section applies, Section 2-367 of the City Code entitled Rejection of bids; negotiation; waiver of competitive bidding: "If the lowest and best bidder exceeds the budgeted amount allocated towards the construction of the work which has been competitively bid in major municipal projects, the City Manager or his designee with approval of the City Commission shall have the power to negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work." In addition, the Code defines "major municipal" projects as "those projects whose project costs exceed $5,000,000". This essentially leaves the City with three (3) viable options: 1) Authorize the Administration to enter into negotiations with the lowest and best bidder to get the project within the funded or budgeted amount; or 2) Authorize additional funding for the project of at least $685,768 to meet the current Base Bid. Additional funding would be needed for each Additive Alternate, as noted in the Bid Tabulation Analysis; or 3) Reject all the bids and direct the ArchitectlEngineer, Bermello, Ajarnil and Partners to re-design the project to come within the funded amount. The Administration recommends OptionNo.l, with the understanding that the final outcome may include a reduction in scope, resulting from the value engineering of the project. As a point of information, a proposed reduction in the scope of the project may include, but may not be limited to, the following: a reduction of the number of tennis courts, less landscaping, material substitution, less paving areas, or reduction of the total square footage of the buildings. ~~~*. \\CH~\VOLl\WORK\$AlLIMAGM[aGOBOND\NSPBID,doc 6