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2016-29602 Reso RESOLUTION NO. 2016-29602 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. 2016-190-WG FOR MUSS PARK PAVILION; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WEST CONSTRUCTION, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WEST CONSTRUCTION, INC. UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, ITB No. 2016-190-WG, was issued on August 5, 2016, with a bid opening date of September 14, 2016; and WHEREAS, the notices resulted in the receipt of two (2) responses from: Unitech Builders Corp. and West Construction, Inc.; and WHEREAS, the bid submittal from Unitech Builders Corp., failed to comply with the minimum requirements as stated in the ITB and, accordingly, its bid was deemed non- responsive; and WHEREAS, in its due diligence, the Procurement Department verified that the sole bidder, West Construction, Inc. has met the requirements of the ITB; and WHEREAS, West Construction, Inc. has been deemed the sole responsive and responsible bidder(s) meeting all terms, conditions, and specifications of the ITB, but its bid price exceeds the City's cost expectations; and WHEREAS, pursuant to Section 2-367(b)(2) of the City of Miami Beach City Code, where only one bid response is received, and/or the bid exceeds the budgeted amount, the City Manager, without any action by the City Commission, shall have the authority to proceed to negotiate an agreement with the sole bidder; and WHEREAS, after considering the bid 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(b)(2) of the City of Miami Beach City Code, with West Construction, Inc., the sole 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 accept the recommendation of the City Manager pertaining to the award of bids, pursuant to Invitation to Bid (ITB) 2016-190-WG for Muss Park Pavilion; authorize the Administration to enter into negotiations with West Construction, Inc.; and, further authorize the Mayor and City Clerk to execute an Agreement with West Construction, Inc. upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this If day of_061/1_2016. 41/V9 Philip Levine/Ma,/ ATTEST: illi17/1 `4 F ; Rafael E. Granado, City Clerk T:\AGENDA\2016\October\P�44;x•l._iii.41\ITB 2016-190-WG Muss Park Pavilion\ITB 2016-190-W��=-�".■ 1 Pg.- -Galion - Reso.doc _ 04'' INCORP •O * I RATED` O, �r ,f 4411„1-/ 2 C APPROVED AS TO mqatam." FORM&LANGUAGE &FOR EXECUTION 10 0- (( l, City Attorney ( 3 ? Dam Resolutions - C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 19, 2016 SUBJECT: 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. 2016-190-WG FOR MUSS PARK PAVILION; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WEST CONSTRUCTION, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WEST CONSTRUCTION, INC. UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION Approve the Resolution. ANALYSIS On November 6, 2015, the City retained Professional Architectural and Engineering services from Douglas Wood & Associates, Inc., for design, bidding and permitting, and construction administration for the Muss Park Pavilion. Construction Documents have been completed and are pending final Building Department approval. On June 7, 2016, the Design Review Board approved the design of the pavilion. The City offers afterschool and summer recreational programs for young children in grades K- 3rd at Muss Park. The Park contains a pavilion with bathrooms, a tot lot and an open, greenspace area. The Park does not presently offer an indoor facility for program participants so alternative accommodations must be provided during inclement weather. The existing pavilion and playgrounds will be demolished for the construction of a new LEED Gold Certified, 4000sf pavilion and elevated soil pads for future playgrounds, at a finish floor elevation of Base Flood Elevation +2' NAVD. The new pavilion includes two (2)ADA accessible restrooms, reception/office, serving kitchen, storage room and mechanical room. The design integrates an automated door system that allows the pavilion to function as an open pavilion and as a fully enclosed space during inclement weather. The adjacent landscape will be restored, Page 662 of 1614 • ITB PROCESS ITB No. 2016-190-WG, was issued on August 5, 2016, with a bid opening date of September 14, 2016. Two (2) addenda were issued. The Procurement Department issued bid notices to 956 companies utilizing www.publicpurchase.com website and 76 companies via email notification. Ten (10) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of two (2) responses from: Unitech Builders Corp. and West Construction, Inc. See tabulation sheet (Attachment A). The bid submittal from Unitech Builders Corp., failed to comply with the minimum requirements as stated in the ITB and, accordingly, its bid was deemed non-responsive. The remaining responsive bid submittal was 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 sole bidder, West Construction, Inc. has met the requirements of the ITB, including: 1. 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. West Construction Inc. is a State certified as a General Contractor. State license number is: CGC1516625 and expires on August 31, 2018. 2. Previous Experience: Bidders must have successfully completed 2 LEED projects of similar scope and budget within the last ten (10) years. Similar projects shall be interpreted to mean construction of LEED Certified community facilities with a minimum area of 4000 square feet, which include ADA accessible restrooms, and mechanical room(s). West Construction Inc. submitted two (2) individual references which demonstrate their experience in projects similar in scope and volume to the work indicated in the ITB. 3. 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 West Construction Inc. was accompanied by a bonding capacity letter from Salter Surety Group dated September 7, 2016. The capacity letter indicated that West Construction Inc. has been extended a bonding facility, which has supported individual projects up to $40,000,000.00 and an aggregate work program in the $150,000,000.00 range. Salter Surety Group is rated A++XV by AM Best. 4. 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. West Construction Inc. has a good record of performance and has demonstrated the Page 663 of 1614 financial resources to ensure that they can satisfactorily provide the goods and/or services required in the ITB. Their latest Supplier Qualifier Report from Dun & Bradstreet indicates that they have a Supplier Evaluation Risk (SER) rating of 2 out of 9. The lower the score, the lower the risk. West Construction, Inc. has been deemed the sole responsive and responsible bidder(s) meeting all terms, conditions, and specifications of the ITB; however, its bid price exceeds the City's cost expectations. The ITB stated that the budget for the project was approximately $1,800,000. West's bid price is $2,548,863. Section 2-367(b)(2) of the City of Miami Beach City Code, states that when only one bid response is received, and/or the bid exceeds the budgeted amount, the City Manager shall have the power to proceed to negotiate an agreement with the sole bidder. CONCLUSION After considering the sole responsive bid received, the evaluation of staff and the bid price for the 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(b)(2) of the City of Miami Beach City Code, with West Construction, Inc., the sole 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 $ 98,863.00 Account 1 383-0820-067357-00-410-000-00-00-00- 21630 Amount 2 $1,050,000.00 Account 2 306-0820-069357-00-410-546-00-00-00- 29600 Amount 3 $1,400,000.00 Account 3 Subject to Adoption of the FY16/17 Capital Budget. Total $2,548,863.00 (available). Final cost determined upon negotiations. Legislative Tracking Capital Improvement Projects/ Procurement Page 664 of 1614 ATTACHMENTS: Description ❑ Attachment A- Tabulation Sheet ❑ Resolution Page 665 of 1614 Attachment A Bid Tabulation ITB 2016-190-WG: MUSS PARK PAVILION PROJECT * West Construction Inc 01 -General Requirements $446;509 $71,000.00 02 -Demolition $1-47000:00 $18,500.00 03/04 -Concrete& Masonry $282,000,04 $577,000.00 05—Metals $440,000-04 $270,600.00 06—Rough Carpentry $-1-6,040,00 $4,080.00 07—Thermal &Moisture Protection $80,00004 $76,000.00 08—Doors &Windows $45,300.00 08—Four Fold Doors v$ 2,c27,c 62x".00 $331,500.00 09-Finishes $6330004 $95,600.00 10-Specialties $22,580-04 $33,000.00 22-Plumbing $65,00000 $100,000.00 23-HVAC $441,340.00 $133,000.00 26- Electrical $200,00000 $178,600.00 31 -Earthwork $45-,$4004 $52,000.00 32-Irrigation Allowance $2000:04 $20,000.00 32-Exterior Improvements $53,135.00 $42,400.00 Bond $26,040.46 $24,000.00 Insurance $8,�v 627.02 $36,000.00 Profit&Overhead $141,205.13 $204,000.00 Subtotal $ 1,901,246.40 $ 2,312,580.00 Owner's Contingency of 10% 14.0424,64 231,258.00 Allowance for City Indemnification 25-04 25.00 Permit Allowance 5,00000 5,000.00 Lump Sum Grand Total(Total Base Bid) I $ 2,096,396.04 I $ 2,548,863.00 * Bid Submittal Non-Responsive Page 666 of 1614