Item Coversheet

Competitive Bid Reports - C2  B




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:July  17, 2019
 



SUBJECT:

REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2019-128-AG, FOR MAURICE GIBB FLOATING DOCK. 


RECOMMENDATION

The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager’s recommendation pertaining to the bids received, pursuant to ITB No. 2019-128-AG, for Maurice Gibb Floating Dock.

ANALYSIS

Currently, individuals who wish to launch non-motorized marine vessels, including kayaks, canoes, and paddleboards are limited to launching from the boat ramp at Maurice Gibb Park and the non-motorized vessel ramp at Pine Tree Park. The City has received complaints from City residents of conflict between commercial and non-commercial operators of motorized and non-motorized vessels due to the lack of order relative to traffic in and out of the boat ramp at Maurice Gibb Park. Based on the analysis conducted by City staff and input from the Miami Beach Marine Waterfront Protection Authority, the Administration recommended the building of a floating dock adjacent to Maurice Gibb Park from which these non-motorized vehicles can be launched. As a result, the staff prepared plans and specifications to seek proposals from qualified firms to provide a floating dock at the Maurice Gibb Park. The purpose of the ITB was to seek bids to complete the project.

 

ITB PROCESS

ITB No. 2019-128-AG, was issued on March 1, 2019, with a bid opening date of April 22, 2019.  Four (4) addenda were issued. The Procurement Department issued bid notices to 666 companies utilizing www.publicpurchase.com website and 496 via email notifications.  Sixty-one (61) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of three (3) bids being received from: Shoreline Foundation, Inc., Kearns Construction Company and Ebsary Foundation Company. Below is a summary of the total bid prices submitted:

 

Shoreline Foundation, Inc. ……………..$440,145

Kearns Construction Company ………..$541,681

Ebsary Foundation Company ………….$622,845

 

The Procurement and Public Works Departments determined that all three bidders met the requirements of the ITB, including:

 

1.    Bid Guaranty: Bidder shall submit an original bid bond, certified check, cashier's check as bid guaranty.

 

2.    Licensing Requirements: Bidder shall be licensed by the State of Florida or Miami Dade County, as applicable, to perform the work.

 

Furthermore, staff verified that all three bidders complied with the previous experience of the firm as stated below. 

 

1.      Previous Experience (Firm): Bidder must have completed a total of three (3) projects of similar scope and budget within the last ten (10) years, two (2) of which must be successfully completed, the third of which may be ongoing.

 

Below is a brief summary of the three firms. 

 

Shoreline Foundation, Inc.

According to the information provided by Shoreline Foundation, Inc., the firm has been in business since 1986 and licensed by the State of Florida as a General Contractor. Shoreline is also a prequalified contractor for Florida Department of Transportation (FDOT) for minor bridges rip rap; sheet piles and bulkheads. Further, Shoreline has been awarded two (2) contracts for construction of seawalls, on an “as needed” basis and have completed, or are in the process of completing, 11 projects for the City.

 

However, in its due diligence review, staff discovered that on October 25, 2018, Shoreline plead guilty to false, fictitious, or fraudulent claims in relation to a project awarded by the United States Coast Guard (USCG) for the replacement of four aging channel marker range lights at the Port of Miami. Shoreline was convicted of completing the demolition of the existing channel marker range lights without doing a pre-demolition survey, as was required by the permit and the terms and conditions of the project and, despite not having completed the work, the firm invoiced the USCG for work not done.  Shoreline Foundation, Inc. has claimed that it was unaware that the subcontractor had not performed the environmental work. However, Shoreline Foundation, Inc. has also acknowledged that it is ultimately responsible for the actions of its subcontractors.  

 

As a result of the above referenced matter, The Florida Department of Transportation (FDOT) entered into an agreement with Shoreline Foundation, Inc. in which Shoreline Foundation, Inc. would voluntarily restrain for a period of one (1) year, between June 1, 2019 through May 31, 2020, from a) bidding on projects led by FDOT and b) quoting work as a subcontractor or materials supplier on FDOT projects.

 

Kearns Construction Company.

According to the information provided by Kearns Construction Company, the bidder has been registered to do business in Florida and licensed by the State of Florida as a general contractor for over 18 years.  Since 2015, Kearns Construction Company has been awarded two (2) contracts for construction of seawalls, on an “as needed” basis. Further, in 2017 the City Manager authorized Kearns Construction Company to repair the seawall adjacent to the Fleet Management Department’s facility under an emergency which was at that time severely deteriorating to the point that a portion of the walkway had collapsed and contained cracks.

 

Ebsary Foundation Company

According to the information provided by Ebsary Foundation Company, the bidder has been in business since 1930 and licensed by the State of Florida as a general contractor. Ebsary Foundation Company also has been awarded by the City of Miami Beach a contract for the construction of seawalls, on an “as needed” basis as a tertiary vendor, however no work has been assigned since the execution of the contract. 

CONCLUSION

In reviewing the bids received and the legal matter regarding Shoreline Foundation, I note that Section 2-369 of the City Code requires that, in addition to price, the following factors shall be considered in the award of contracts:

(1) The ability, capacity and skill of the bidder to perform the contract.

(2) Whether the bidder can perform the contract within the time specified, without delay or interference.

(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder.

(4) The quality of performance of previous contracts.

(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract.

 

While I recognize that Shoreline Foundation has submitted the lowest bid in response to the ITB, I am concerned with the facts regarding the Port of Miami project and the recent actions taken by FDOT as highlighted above. As a result, I have asked staff and the City Attorney's Office to review the matter and advise on any future actions that may be necessary by the City. Until that review is completed, I do not believe it is prudent to award any further projects to this firm. However, I have advised staff to allow Shoreline Foundation to complete any projects already awarded and under construction as changing contractors at this point would be very disruptive and likely increase projects costs.

 

Therefore, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Kearns Construction Company, the lowest responsive, responsible bidder to the ITB, in the amount of 541,681, plus a 10% owner's contingency of $54,168.10, for a total contract amount of $595,849.10; and further authorize the City Manager and City Clerk to execute a contract.

KEY INTENDED OUTCOMES SUPPORTED
Build And Maintain Priority Infrastructure With Full Accountability

FINANCIAL INFORMATION

Expenditures will be based on previously approved funding.

Legislative Tracking
Public Works/Procurement