HomeMy WebLinkAboutR-13-0020City of Miami
Legislation
Resolution: R-13-0020
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01013 Final Action Date: 1/10/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE BID RECEIVED AUGUST 23, 2012, PURSUANT TO INVITATION
TO BID ("ITB") NO. 11-12-027, FROM FHP TECTONICS CORP., THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE MUSEUM PARK BAYWALK
AND PROMENADE, PHASE II AND III PROJECT, B-30538, IN THE AMOUNT OF
$8,553,620.68, WHICH INCLUDES $7,618,876.54, FOR THE SCOPE OF WORK
AND $934,744.14, FOR SELECTED ADD ALTERNATE ITEMS FOR PHASE II AND
III, PLUS ATEN PERCENT (10%) OWNER CONTINGENCY AMOUNT OF
$855,362.07, FORA TOTAL NOT TO EXCEED AWARD VALUE OF $9,408,982.75;
ALLOCATING FUNDS IN THE AMOUNT OF $2,850,153.75, FROM CAPITAL
IMPROVEMENT PROJECT NO. B-30538 AND B-30538S, FUNDS IN THE AMOUNT
OF $1,143,000, FROM A FLORIDA INLAND NAVIGATION DISTRICT ("FIND")
GRANT FOR THE MUSEUM PARK BAYWALK, AND FUNDS IN THE AMOUNT OF
$5,415,829, FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY
REDEVELOPMENT AGENCY PROJECT NO. 92-686001, WHICH INCLUDES THE
MATCH TO THE FIND GRANT; AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, CONSISTING OF THE
ITB DOCUMENTS AND ATTACHMENTS, FOR SAID PURPOSE.
WHEREAS, the Capital Improvements Program ("CIP") issued Invitation to Bid ("ITB") No. 11-12-
027 for construction services for the Museum Park Baywalk and Promenade, Phase II and III Project,
B-30538 ("Project"); and
WHEREAS, five (5) bids were received by the Office of the City Clerk on August 23, 2012; and
WHEREAS, FHP Tectonics, Corp. ("FHP") was the lowest responsive and responsible, non -local
bidder and Munilla Construction Management, LLC d/b/a MCM ("MCM") was the fourth lowest
responsive and responsible, local bidder; and
WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended
("City Code"), any responsive and responsible local bidder(s) who maintain a local office, as defined
in Section 18-73 of the City Code, and is within fifteen percent (15%) of the price submitted by the
non -local low bidder, then that non -local bidder and each of the responsive and responsible local
bidders shall have the opportunity to submit a "Best and Final" bid, equal to or lower than the amount
of the low bid previously submitted by the non -local bidder; and
WHEREAS, FHP submitted a "Best and Final" bid in the amount of $7,641,706.26, resulting in a
reduction of $101,284.81 from their original bid price of $7,742,991.07; and
WHEREAS, MCM submitted a "Best and Final" bid in the amount of $7,618,876.54, resulting in a
reduction of $730,581.28 from their original bid price of $8,349,457.82; and
City of Miami
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File Number: 12-01013 Enactment Number: R-13-0020
WHEREAS, a Bid Protest was filed for this project and it was determined by the Chief
Procurement Officer that as of February 23, 2012, MCM's property located at 1429 Southwest 1st
Street, Miami, Florida, did not meet the definition of a "local office" as defined in Section 18-73 of the
City Code; and
WHEREAS, in order to be considered a local office, the bidder must be in compliance with all
applicable zoning and licensing laws for a minimum of six (6) months prior to August 23, 2012, the bid
closing date for ITB No. 11-12-027; and
WHEREAS, the City has rescinded its "Best and Final" Offer letter issued to MCM on September
5, 2012; and
WHEREAS, FHP has agreed to lower its "Best and Final" bid by $22,829.72, from $7,641,706.26
to $7,618,876.54, in order to match MCM's original "Best and Final" bid; and
WHEREAS, the City Manager requests authorization to execute a contract with FHP, in the
amount of $8,553,620.68, which includes $7,618,876.54, for the scope of work and $934,744.14, for
selected add alternate items for Phase II and III, plus a ten percent (10%) owner contingency amount
of $855,362.07, for a total not to exceed award value of $9,408,982.75; and
WHEREAS, funds in the amount of $2,850,153.75 are to be allocated from Capital Improvement
Project No. B-30538 and B-305385, funds in the amount of $1,143,000 are to be allocated from a
Florida Inland Navigation District ("FIND") grant for the Museum Park Baywalk, and funds in the
amount of $5,415,829 are to be allocated from the Omni Redevelopment District Community
Redevelopment Agency ("CRA") Project No. 92-686001, which includes the match to the FIND grant,
for said purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The bid received August 23, 2012, pursuant to ITB No. 11-12-027 from FHP, the lowest
responsive and responsible bidder, for the Project in the amount of $8,553,620.68, which includes
$7,618,876.54, for the scope of work and $934,744.14, for selected add alternate items for Phase II
and III, plus a ten percent (10%) owner contingency amount of $855,362.07, for a total not to exceed
award value of $9,408,982.75, is accepted, with funds in the amount of $2,850,153.75, allocated from
Capital Improvement Project No. B-30538 and B-305385, funds in the amount of $1,143,000,
allocated from a FIND grant for the Museum Park Baywalk, and funds in the amount of $5,415,829,
allocated from the CRA Project No. 92-686001, which includes the match to the FIND grant, for said
purpose.
Section 3. The City Manager is authorized {1} to execute a Contract, in substantially the attached
form, consisting of the ITB documents and attachments, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
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File Number: 12-01013 Enactment Number: R-13-0020
the Mayor. {2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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