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HomeMy WebLinkAboutAgenda Item Summary FormDate: 05/14/2019 AGENDA ITEM SUMMARY FORM File ID: #5878 Commission Meeting Date: 05/23/2019 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 Type: Resolution Subject: Accept Proposal - Dinner Key Marine Design -Build Services Purpose of Item: The purpose of this item is to obtain City Commission approval on the recommendation for award of a design -build agreement between the City of Miami ("the City") and Kearns Construction, Co. ("Kearns") for Design -Build Services for the Dinner Key Marina Repairs and Restoration project ("the Project"), on a phased basis. The Project's scope of work consists of restoring and/or replacing the docks and utilities that were damaged at Dinner Key Marina by Hurricane Irma in September 2017. The overall project goal is to efficiently return the marina to operating conditions with the restoration and/or replacement of the following major components; 1) fixed concrete and timber dock structures, 2) fire protection system, 3) shore power, 4) lighting, 5) sewage pump - out, 6) domestic water and 7) communication/security system. The scope is divided into "hurricane" and "non -hurricane" repairs, and line items are included for optional improvements for mitigation purposes. Background of Item: On November 7, 2018, Procurement issued a solicitation under full and open competition to obtain proposals from qualified firms. On December 6, 2018, Procurement received three (3) proposals in response to the solicitation from Dock and Marine Construction Corp. ("Dock and Marine"), Marina Utilities, Inc., (Marina Utilities), and Kearns; a Bid Security List is attached. On or around January 25, 2019, Procurement completed an extensive review and due diligence on all three proposals following the guidelines published in the solicitation. As a result of such process, Dock and Marine and Marine Utilities were found to be non-responsive to the conditions set forth in the RFP document, and therefore, disqualified from the selection process. Subsequently, on January 31, 2019, the Evaluation Committee ("Committee") met and completed the Step 1 evaluation and ranking of the sole responsive proposal submitted by Kearns. Later, on March 26, 2019, the Committee met and evaluated Kearns' Step 2 Technical Proposal while receiving a formal presentation by Kearns on the proposed solution for the project, following the guidelines stipulated in the solicitation. Kearns' Price Proposal was opened and read aloud and into the record as part of the Step 2 proceedings. Consequently, Kearns' Price Proposal was negotiated, and an agreement was reached, on April 25, 2019. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: $22,488,038 Reviewed By Department of Procurement Annie Perez Office of Capital Improvements Steven Williamson Office of Management and Budget Pedro Lacret Office of Management and Budget Christopher M Rose City Manager's Office Sandra Bridgeman City Manager's Office Nikolas Pascual Legislative Division Valentin J Alvarez Office of the City Attorney Valentin J Alvarez Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Department Head Review Completed OCI Department Head Review Completed Budget Analyst Review Completed Budget Review Completed Assistant City Manager Review Completed City Manager Review Completed Legislative Division Review Completed Deputy City Attorney Review Skipped Approved Form and Correctness Completed Meeting Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 05/06/2019 11:49 AM 05/07/2019 4:41 PM 05/08/2019 12:51 PM 05/13/2019 8:01 AM 05/13/2019 4:38 PM 05/14/2019 9:12 AM 05/14/2019 10:57 AM 05/14/2019 9:51 AM 05/14/2019 2:05 PM 05/23/2019 9:00 AM 05/31/2019 10:11 AM 05/31/2019 10:33 AM 05/31/2019 10:33 AM 4�CS O/: I! City of Miami ` City Hall * 9fi 11 IM&0Q:AT10 '® Legislation 3500 Pan American Drive Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-19-0205 File Number: 5878 Final Action Date:5/23/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE PRICE PROPOSAL RECEIVED ON MARCH 18, 2019, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 18-19-005, FROM KEARNS CONSTRUCTION, CO. ("KEARNS"), THE SOLE LOWEST RESPONSIVE AND RESPONSIBLE PROPOSER, TO PROVIDE DESIGN -BUILD SERVICES FOR THE DINNER KEY MARINA REPAIRS AND RESTORATION PROJECT, IN THE AMOUNT OF $16,880,381.00 FOR THE SCOPE OF WORK, PLUS ADDITIVE ALTERNATIVES #1, AND #3 THROUGH #8, IN THE AMOUNT OF $3,919,619.00, PLUS AN OWNER'S CONTINGENCY ALLOWANCE IN THE AMOUNT OF $1,688,038.00, FOR A TOTAL NOT -TO -EXCEED AWARD VALUE OF $22,488,038.00, ON A PHASED BASIS; ALLOCATING FUNDS FROM THE CITY OF MIAMI ("CITY") GENERAL FUND, FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), SANITARY SEWER BONDS, AND ADDITIONAL SOURCES OF LEGALLY AVAILABLE FUNDING YET TO BE DETERMINED; AUTHORIZING THE CITY MANAGER TO EXECUTE A NEGOTIATED DESIGN -BUILD AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY MANAGER TO ISSUE NOTICES TO PROCEED AS REQUIRED ON A PHASED BASIS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE COST OF AND EXECUTE ANY AMENDMENTS TO THE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, REQUIRED TO COMPLETE ANY SUBSEQUENT PROJECT PHASES WITHOUT FURTHER CITY COMMISSION APPROVAL; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER NECESSARY DOCUMENTS, INCLUDING ANY AMENDMENTS AND EXTENSIONS, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY APPROVAL HAVING BEEN PREVIOUSLY MADE, AND IN COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS, AS MAY BE NECESSARY FOR SAID PURPOSE. WHEREAS, on November 7, 2018, the Department of Procurement ("Procurement") issued Request for Proposals ("RFP") No. 18-19-005 for design -build services for Dinner Key Marina Repairs and Restoration Project ("Project"); and WHEREAS, three (3) proposals were received by the Office of the City Clerk on December 6, 2018 in response to the Step 1 RFP submittal; and WHEREAS, Kearns Construction, Co. ("Kearns") was found to be the sole responsive and responsible Proposer after Procurement completed the due diligence effort on all three responses; and WHEREAS, Kearns submitted Technical and Price Proposals to the Office of the City Clerk on March 18, 2019 in response to the Step 2 RFP submittal; and WHEREAS, an Evaluation Committee and a subsequent Negotiation Committee appointed by the City Manager on December 5, 2018 and April 5, 2019, respectively, have determined Kearns to be the lowest responsive and responsible Proposer; and WHEREAS, the City Manager requests authorization to execute an Agreement with Kearns, in substantially the attached form, in the amount of $16,880,381.00 for the scope of work, plus Additive Alternatives No. 1, and No. 3 through No. 8 in the amount of $3,919,619.00, plus an Owner's Contingency Allowance in the amount of $1,688,038.00, for a total not -to - exceed award value of $22,488,038.00, on a phased basis; and WHEREAS, due to the Project being executed in three (3) Phases, 1 through 3, included herein as Exhibit "A," the City Manager will have delegated authority to issue Kearns the appropriate Notices to Proceed for each phase, once the previous phase has obtained a Temporary Certificate of Occupancy issued by the authority having jurisdiction; and WHEREAS, funds in the amount of $22,488,038.00 are to be allocated from the City's General Fund, Florida Inland Navigation District ("FIND"), Sanitary Sewer Bonds, and other additional legally available sources of funding yet to be determined; 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 Price Proposal received March 18, 2019, pursuant to RFP No. 18-19- 005, from Kearns, the lowest responsive and responsible Proposer, to provide design -build services for the Project in the amount of $16,880,381.00 for the scope of work, plus Additive Alternatives No. 1, and No. 3 through No. 8 in the amount of $3,919,619.00, plus an Owner's Contingency Allowance in the amount of $1,688,038.00, for a total not -to -exceed award value of $22,488,038.00, on a phased basis, is accepted. Section 3. Funds to be allocated from the City's General Fund, FIND, Sanitary Sewer Bonds, and other additional legally available sources of funding yet to be determined. Section 4. The City Manager is authorized' to execute the Agreement with Kearns, in substantially the attached form, consisting of the RFP documents and attachments. Section 5. The City Manager is further authorized' to negotiate the cost of and execute any amendments to the Agreement, in a form acceptable to the City Attorney, required to complete any subsequent project phases without further City Commission approval. Section 6. The City Manager is further authorized' to issue Kearns the appropriate Notices to Proceed for each phase, once the previous phase has obtained a Temporary Certificate of Occupancy issued by the authority having jurisdiction. Section 7. The City Manager is further authorized' to negotiate and execute all other documents, including any amendments and extensions, subject to allocations, appropriations, and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the ' 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 City Code provisions. City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Section 8. This Resolution shall become effective immediately upon its adoption and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i "ndez, Cify Attor iey 5/1412019 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.