Resolution 2022-32026 RESOLUTION NO; 2022-32026
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE AWARD OF A CONTRACT TO
BUSLAM PARTNERS INC., PURSUANT TO INVITATION TO BID (ITB) NO.
2021.095-AY, FOR NORTH BEACH OCEANSIDE PARK.
WHEREAS, on January 20, 2022, the Mayor and City Commission approved the City
Manager's recommendation to award a contract to Buslam Company Partners Inc., pursuant to
Invitation to Bid (ITB) No. 2021-095-AY for North Beach Oceanside Park. The January 20, 2022
agenda item (C2A); and
WHEREAS, on January 20, 2022, after award of the ITB, J.R.T. Construction Co., one of
the firms submitting a bid to the ITB, submitted a protest to the award of the contract to Buslam
Company Partners, Inc. J.R.T. Construction Co.'s protest was not timely filed and cannot be
considered pursuant to Section 2-371(2) of the City Code; and
WHEREAS, notwithstanding the Administration's inability to consider J.R.T. Construction
Co.'s protest, following a thorough review of the bids submitted, the Administration, in
consultation with the City Attorney's Office, has reached the conclusion that the award to
Buslam Company Partners, Inc. should be modified to include only the scope of work included
within its lump sum base bid without the add alternates; and
WHEREAS, as is common in both private and public construction ITBs and RFPs, ITB
2021-095-AY asked bidders to submit a lump sum base bid for the project as well as pricing for
bid alternates. See Attachment B for the bid alternates included in the ITB; bid alternates are
commonly used in construction ITBs to allow the owner, when the bids received are below
budget, to consider adding one or more desirable scope enhancements; and
WHEREAS, in the case of ITB 2021-095-AY, Buslam Company Partners Inc. submitted
the lowest lump sum base bid for the project in the amount of$8,960,474.84; and
WHEREAS as the lowest lump sum base bid was $839,525.16 lower than the
$9,800,000 budget appropriated for this project, staff selected a few bid alternates (i.e., bid
alternates 2, 3, 7 and 12) to maximize the scope of the project; and
WHEREAS, the City's practice has always been to consider adding bid alternates after
the lowest bidder is determined if funding is available in cases where the lowest bid is less than
the funding appropriated for the project; historically, the lowest bidder has also provided the
lowest pricing for the add alternates; and
WHEREAS, the situation here is novel and resulted in an odd result: the low bidder on
the lump sum base bid did not offer the lowest pricing for all the add alternates selected; and
WHEREAS, to ensure fairness, the Administration has determined that the award to
Buslam Company Partners Inc. should be modified to include only the scope included in its
lump sum base bid.
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 the Resolution amending the award of a contract to Buslam Partners Inc.,
pursuant to Invitation to Bid (ITB) No. 2021-095-AY, for North Beach Oceanside Park.
PASSED AND ADOPTED this 9 of i brig, 2u
ATTEST:
/��� .Fs 2-2
Rafael E. Granado City Clerk Dan Gelber, Mayor
:`P:....•�......,..c,,, APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
IN(ORP ORATED
., u AG --3
26
City Attorney Dote
Agenda Item: C7 A
Date: 2-4-2022
•
MAM BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Dan Gelber and embers of the City Commission
� 1 FROM: Alina T. Hudak, City Manag�• J '
DATE: February 9, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE AWARD OF A CONTRACT TO BUSLAM
PARTNERS INC., PURSUANT TO INVITATION TO BID (ITB) NO.2021-095-AY, FOR NORTH
BEACH OCEANSIDE PARK.
ADMINISTRATION RECOMMENDATION
It is recommended that the Mayor and City Commission approve the Resolution amending the
contract awarded on January 20, 2022 to Buslam Company Partners Inc., pursuant to Invitation
to Bid (ITB) No. 2021-095-AY, for North Beach Oceanside Park improvements, reducing the
scope of the work to include only the construction services included in the base bid amount and
deleting the award of the bid alternates.
BACKGROUND! HISTORY
On January 20, 2022, the Mayor and City Commission approved the City Manager's
recommendation to award a contract to Buslam Company Partners Inc., pursuant to Invitation
to Bid (ITB) No. 2021-095-AY for North Beach Oceanside Park. The January 20, 2022 agenda
item (C2A) is included as Attachment A.
On January 20, 2022, after award of the ITB, J.R.T. Construction Co., one of the firms submitting
a bid to the ITB, submitted a protest to the award of the contract to Buslam Company Partners,
Inc. J.R.T. Construction Co.'s protest was not timely filed and cannot be considered pursuant to
Section 2-371(2) of the City Code.
Notwithstanding the Administration's inability to consider J.R.T. Construction Co.'s protest,
following a thorough review of the bids submitted, the Administration, in consultation with the
City Attorney's Office, has reached the conclusion that the award to Buslam Company Partners,
Inc. should be modified to include only the scope of work included within its lump sum base bid
without the add alternates. Should the City decide to implement the scope(s) of work included
in one or more of the bid alternates from the ITB, such scope(s) shall be awarded pursuant to a
different process or processes.
ANALYSIS
As is common in both private and public construction ITBs and RFPs, ITB 2021-095-AY asked
bidders to submit a lump sum base bid for the project as well as pricing for bid alternates. See
Attachment B for the bid alternates included in the ITB. Bid alternates are commonly used in
construction ITBs to allow the owner, when the bids received are below budget, to consider
adding one or more desirable scope enhancements.
In the case of ITB 2021-095-AY, Buslam Company Partners Inc. submitted the lowest lump sum
base bid for the project in the amount of$8,960,474.84(See Attachment C.). As the lowest lump
sum base bid was $839,525.16 lower than the S9,800,000 budget appropriated for this project,
Invitation to Bid(ITB)No. 2021-095-AY, North Beach Oceanside Park
February 9,2022
Page 2
staff selected a few bid alternates (i.e., bid alternates 2, 3, 7 and 12) to maximize the scope of
the project. The City's practice has always been to consider adding bid alternates after the
lowest bidder is determined if funding is available in cases where the lowest bid is less than the
funding appropriated for the project. Historically, the lowest bidder has also provided the lowest
pricing for the add alternates. The situation here is novel and resulted in an odd result: the low
bidder on the lump sum base bid did not offer the lowest pricing for all the add alternates
selected. To ensure fairness, the Administration has determined that the award to Buslam
Company Partners Inc. should be modified to include only the scope included in its lump sum
base bid.
SUPPORTING SURVEY DATA
Not Applicable.
FINANCIAL INFORMATION
The total of the lowest responsive, responsible bid is $8,960,474.84, which is$839,525.16 lower
than the estimated budget of $9,800,000.
Grand Total: $8,960,474.84
10% Contingency: $896,047.16
Contract Amount: $9,856,522.00
Amount(s)/Account(s):
388-0820-069357-00-410-546-00-00-00-27950 $1,045,029.99
307-0820-069357-26-410-546-00-00-00-27950 $2,947,891.68
301-0820-069357-26-410-546-00-00-00-27950 $5,863,600.33
Total $9,856,522.00
CONCLUSION
Fairness, transparency and economy are foundational goals of the public procurement process.
Therefore, I have directed staff to research the methodologies used to award construction
projects in other jurisdictions to determine, with input from the City Attorney's Office, whether
the City's solicitation documents could be improved to meet the City's desire to ensure fairness,
transparency and economy in the award of contracts.
I concur with the recommendation of staff and the City Attorney's Office that the award of ITB
2021-095-AY to Buslam Company Partners Inc. be modified to include only the scope of work
included in its lump sum base bid without the bid alternates; and, accordingly, I recommend that
the M or nd City Commission approve the Resolution to so amend the award.
AT /LS/ D/KP
ATTACHMENTS
Attachment A — C2A January 20, 2022
Attachment B — Bid Alternates included in ITB 2021-095-AY
Attachment C — Bid Tabulation
ATTACHMENT A
Competitive Bid Reports-C2 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alma T.Hudak,City Manager
DATE: January 20,2022
SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID(ITB)2021-095-
AY FOR NORTH BEACH OCEANSIDE PARK.
RECOMMENDATION
It is recommended that the Mayor and City Commission approve the award of a contract to Buslam Company Partners, Inc., the
lowest,responsive,responsible bidder to Invitation to Bid(ITB)No.2021-095-AY For North Beach Oceanside Park and authorize the
City Manager and City Clerk to execute a contract.
BACKGROUND/HISTORY
North Beach Oceanside Park is located between 79th and 87th Street East of Collins and spans 27.89 acres.The proposed project
improvements will assist in revitalizing the current park by reducing crime and improving safety,maintaining vegetated qualities of the
site,connecting the beach walk pathways.These park Improvements will provide an outdoor space to be enjoyed by the surrounding
neighborhoods and visitors.
Park improvements that will be implemented to achieve these goals include but are not limited to the following: path networks,
landscaping,new signage,cosmetic refurbishment of the existing restrooms,ornamental entrance gates,lighting and security camera
infrastructure,new playground equipment,new beach showers,turtle-friendly lighting and refurbished picnic shelters.
On May 2,2019,ITB No.2019-210-AY for North Beach Oceanside Park was issued.The City of Miami Beach(the"City)received
four(4) bids from: J.R.T. Construction, Co; H.G. Construction Development& Investment, Inc.; Critical Path Services, Inc; and
Stonehenge Construction, L.L.C. The lowest bidder submitted a total bid amount of$12,349,920.80; however, the construction
budgeted amount for this project was $6,740,000.00. Therefore, the lowest bid received exceeded the construction budget by
approximately 83%($5,609,920.80). ,
On October 10,2019,the City Manager rejected the bids to allow the design consultant Calvin,Giordano&Associates,and the city
staff to re-evaluate the design with feedback from the contractors on the specifications and design elements that may have resulted in
high prices and reduced competition.The consultant and user department revised the specifications and drawings to release a new
solicitation based on the findings.
On September 16,2020, City Commission approved additional funding to proceed with the renovation of the park with the revised
scope of work identified by the consultant,CI P and Parks and Recreation.
On July 28, 2021, City Commission adopted Resolution No. 2021-31814, approving additional funding for security cameras
infrastructure and due to higher market conditions. .
ANALYSIS
On August 26,2021,the Invitation to Bid(ITB)2021-095-AY for North Beach Oceanside Park was issued.A voluntary site visit and
pre-bid conference to provide information to proposers submitting a response were held on September 9,2021.Seven(7)addenda
were issued.The Procurement Department issued bid notices to approximately 30,175 companies utilizing the Citys e-procurement
platform. 214 prospective bidders accessed the advertised solicitation. ITB responses were due and received on December 2,
2021. The City received proposals from the following eight (8)firms: Buslam Company Partners, Inc., Florida Construction &
Engineering, Inc., Florida Engineering and Development, Corp., J.R.T. Construction, Co., Lunacon Engineering Group, Corp.,
Superior Landscaping&Lawn Service,Inc.,Brightview Landscape Development,and Waypoint Contracting,Inc.
The ITB stated that the lowest responsive,responsible bidder meeting all terms,conditions,and specifications of the ITB would be
recommended for award. In its due diligence, the Procurement and Capital Improvement Projects departments verified that the
lowest responsive bid submitted by Buslam Company Partners,Inc.met the requirements of the ITB,Including:
1. Bid Bond:Bidder shall submit,WITH ITS BID,either an original bid bond,in a form acceptable to the City,executed by a surety
company meeting the qualifications specified herein,in the amount of 5%of the bid amount,payable to City of Miami Beach,Florida.
Altematively,bidder may submit a certified check or cashier's check issued by any national or state bank(United States).
Ruclam f.mmnanv Parinarc I nr ci ihmittad a Nil hnnd fnr Sol of tha hid amnunt ae ranuirad
2. Licensing Requirements:Bidder shall be licensed as a General Contractor by the State of Florida or Miami Dade County to be
considered for award.
Buslam Company Partners, Inc. is a State Certified General Contractor.The state license number Is CGC1507018 and
expires on August 31,2022.
Furthermore, City staff verified that Buslam Company Partners, Inc. has complied with the submittal requirements of the ITB,
Including the previous experience of the firm,project manager,and superintendent.The firm has not previously completed work for
the City,but it has performed work for Miami-Dade County.All references provided positive feedback.
Accordingly, Buslam Company Partners, Inc.has been deemed the lowest, responsive and responsible bidder meeting all terms,
conditions,and specifications of the ITB.
SUPPORTING SURVEY DATA
Based on the 2019 resident survey,81.8%strongly agree that they are satisfied with the quality of parks and recreation programs.In
particular, the North Beach Oceanside Park location is in the North Beach neighborhood, which has a satisfaction of 83.6%. To
increase satisfaction,the City intends to contract with qualified professionals to provide improvements that will assist in revitalizing the
current park by reducing crime,improving safety,and maintaining the vegetated qualities of the park,
FINANCIAL INFORMATION
The total of the lowest responsive, responsible bid is $8,960,474.84, which Is $839,525.16 lower than the estimated budget of
$9,800,000.
Grand Total: $8,960,474.84
Add Alternates Selected:
#2—Removal of vegetation to improve visibility
in certain areas of the park $ 31,367.05
#3—Mulch Installation in cleared vegetated areas $ 250,324.36
#7—Security Cameras Infrastructure $ 495,550.00
#12—New Gate at Parks Maintenance entrance $ 6,435 00
Subtotal $9,744,151.25
10%Contingency $ 974,415.75
.CONTRACT AMOUNT $10.718,567.00
Amount(s)/Account(s):
388-0820-069357-00-410-546-00-00-00-27950=$ 1,907,074.99
307-0820-069357-26-410-546-00-00-00-27950=$ 2,947,891.68
301-0820-069357-26-010-546-00-00-00-27950=$ 5.863 600.33
Total 810,718,567.00
CONCLUSION
Based on the foregoing,I recommend that the Mayor and City Commission of the City of Miami Beach,Florida approve the award of
a contract to Buslam Company Partners,Inc.,the lowest,responsive,responsible bidder to Invitation to Bid(ITB)No.2021-095-AY
for North Beach Oceanside Park and authorize the City Manager and City Clerk to execute a contract.
Applicable Area
North Beach
js this a"Residents Right Does this item utilize G.O
to Know"Item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity-Revitalize targeted areas and increase investment.
Legislative Tracking
Capital Improvement Projects/Procurement
ATTACHMENTS:
Description
ATTACHMENT B
BID ALTERNATES INCLUDED IN
INVITATION TO BID(ITB)2021-095-AY FOR NORTH BEACH OCEANSIDE PARK
Superior Florida Engineering Brig'tview Lunacon
Buslam Company JRT Construction Waypoinl Florida Construction
Landscaping Lawn and Development Landscape Engineering Dmup,
Partners,Inc. Co Contracting,Inc.. 6 Engineering Inc.
Service Inc. Corp Development Corp.
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ATTACHMENT C
BID TABULATION
INVITATION TO BID (ITB) 2021-095-AY FOR NORTH BEACH OCEANSIDE PARK
Florida
Buslam Superior Brightview Lunacon Florida
JRT Construction Engineering and Waypoint
Company Co Landscaping& Development Contracting,Inc. Landscape Engineering Construction&
Partners Inc. Lawn Service Inc. Cor P Development Group,Corp. Engineering Inc
Grand Total $ 8,960,474.84 $ 8,984,662.00 $ 9,098,868.00 $ 9,169,025.00 $ 10,002,355.00 $ 10,574,892.00 $ 11,049,413.93 $ 12,795,932.59
Resolutions - C7 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: February 9, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RESCINDING THE CITY COMMISSION'S
PRIOR ACTION OF JANUARY 20, 2022, WHICH APPROVED AWARD TO
BUSLAM, INC. PURSUANT TO INVITATION TO BID (ITB) NO. 2021-095-AY,
FOR NORTH BEACH OCEANSIDE PARK; FURTHER ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO REJECT ALL
PROPOSALS RECEIVED, PURSUANT TO INVITATION TO BID (ITB) NO.
2021-095-AY, FOR NORTH BEACH OCEANSIDE PARK.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
TBD
FINANCIAL INFORMATION
TBD
Applicable Area
North Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Capital Improvement Projects/Procurement
Page 98 of 786