Miami-Dade Legislative Item
File Number: 081990
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File Number: 081990 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1033-08 Control: Board of County Commissioners
File Name: PTP CONTROL SIGNAL CONTRACT AWARD PROJECT NO. 2007057 Introduced: 6/24/2008
Requester: Public Works Department Cost: Final Action: 10/7/2008
Agenda Date: 10/7/2008 Agenda Item Number: 8P1A
Notes: KGM Title: RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $4,564,380.01 BETWEEN HORSEPOWER ELECTRIC, INC. AND MIAMI-DADE COUNTY FOR THE PEOPLE’S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED ADVANCED TRAFFIC MANAGEMENT SYSTEM’S REVERSIBLE LANE CONTROL SIGNAL SYSTEM (ATMS – RLCS) REFURBISHMENT PROJECT ALONG NW 199 STREET, FROM NW 2 AVENUE TO NW 27 AVENUE (PROJECT – NO. 20070587)
Indexes: CONTRACT AWARD
  PEOPLES TRANSPORTATION PLAN
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/7/2008 8P1A Adopted P
REPORT: Commissioner Heyman noted many businesses wanted to do business with the County. She questioned why this proposed resolution recommended the County award contracts to companies that were violating their County contracts. Ms. Penelope Townsley, Director, Department of Small Business Development, explained the County sanctioned Horsepower Electric, Inc. for a contract goal deficit. She pointed out this recommended contract award was not contingent upon Horsepower Electric’s open violation being closed. In response to Commissioner Heyman’s inquiry regarding a vendor without contract violations that could perform the work in this contract, Ms. Ester Calas, explained the County sent this project out to bid three times and this was the first responsive bid. She noted Horsepower Electric had a make up plan for its open violation. She pointed out that no other contract in Florida was like the work in this proposed contract. Discussion ensued between Commissioner Heyman and Commissioner Seijas regarding the County debarring Horsepower Electric on June 15, 2005. Responding to Commissioner Heyman’s question regarding Horsepower Electric closing its contract violation before being awarded this proposed contract, Ms. Townsley noted Horsepower Electric was currently working on a County contract to provide $74,000 to make up the $39,000 deficit. Commissioner Gimenez expressed concern that the original bid by Horsepower Electric was proffered on October 24, 2007. He questioned why the County Administration waited one year to recommend the award of this contract. Ms. Calas explained that the funding source for this proposed contract included People’s Transportation Plan (PTP) funds, and that all projects funded by the PTP were put on hold a year ago while the PTP was evaluated to address budget cuts. Discussion ensued between Commission Gimenez and Ms. Calas regarding the potential for a lower bid and for additional bids if the County re-bid this proposed contract. In response to Commissioner Gimenez’s inquiry regarding the savings to the County by County staff doing some of the work, Ms. Calas noted the County would save $300,000. Following further discussion between Commissioner Jordan and Ms. Townsley regarding the open contract violation for Horsepower Electric, the Commission proceeded to vote.

County Manager 10/6/2008 Time Sensitive Board of County Commissioners 10/7/2008
REPORT: The Reversible Lane Control System Refurbishment for NW 199 St., would enabling the low-bid contractor to begin work on the project after the last Dolphin game of this season and complete it before the first Dolphin game of next season.

Transit Committee 7/9/2008 3D Forwarded to BCC without a recommendation P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing resolution into the record. Ms. Penney Townsley, Small Business Development Director, responded to Vice Chairwoman Jordan’s questions regarding violations of Horsepower Electric, Inc. She noted that this firm’s open violation was the makeup on record prior to debarment. She also noted that the firm had submitted a plan to achieve the makeup. Ms. Townsley added that the plan was for makeup on a transit project which the firm had already been awarded. Commissioner Heyman spoke in support of doing business with companies which had no violations. She noted that doing business with Horsepower Electric, Inc., which had violations, and allowing the company to make up violations on future contracts seemed like improper reinforcement. In response to Commissioner Heyman’s question as to whether Horsepower Electric, Inc. was the only company qualified to do the signal system refurbishment project, Ms. Calas noted Horsepower Electric, Inc. was the lowest responsible bidder. In response to Commissioner Heyman’s inquiry as to the nature of Horsepower’s debarment, Ms. Townsley noted the debarment took place because of the firm’s involvement in criminal activity regarding a contract at Miami-Dade Aviation Department. Assistant County Attorney Hugo Benitez noted for the record that this debarment was already the subject of a hearing with regard to the imposition and fulfillment of a penalty. Therefore, he continued, the reasons for the debarment could not be used to refrain from awarding the company further County work pursuant to the operation of an ordinance. However, Mr. Benitez added, another violation which appeared on the company’s record may be the subject of a finding of no responsibility. In summary, he noted, this debarment had already been through the process. Assistant County Manager Llort noted for the record that the debarment was disclosed in the foregoing resolution. Chairman Rolle noted for the record that staff ensured the company had remedied its problems and submitted information accordingly to the Public Works Department (PWD). He also noted that staff was making a recommendation based on this information. Chairman Rolle further noted that certain companies should not be singled out to be denied contracts. Chairman Rolle noted he was basing his statement on his knowledge of various contractors. He explained that some of these contractors had violations at the airport, but squeezed through, while other contractors which appeared before this and other Committees might receive double penalties. Chairman Rolle pointed out that he wanted to ensure the County was not jeopardizing an award. He expressed concern that the County was having problems making an award even when staff had done due diligence to clear up problems with the company, and the company had cleared up the problems. In response to Chairman Rolle’s comment that “Violation of Section 10-38” appeared on handwritten page 49 many times and his inquiry as to what Section 10-38 addressed, Assistant County Attorney Hugo Benitez noted this section set forth the causes for debarment. In response to Chairman Rolle’s inquiries regarding causes for debarment, Mr. Benitez noted an allegation that Horsepower Electric, Inc. and its principals were being used as a conduit for bribery payments was proven and was the cause for the company’s debarment. He also noted that Section 10-38 addressed more than bribery. Vice Chairwoman Jordan asked Ms. Ester Calas, Public Works Department Director, to inform her of why the base contract amount, which was approximately $4.49 million, was so much higher than the base estimate, which was approximately $2.6 million; however, this information was unavailable. During discussion regarding the urgency of addressing this resolution, Ms. Calas noted PWD staff had this bid for several months and had been attempting to ensure PWD had People’s Transportation Plan (PTP) funds. Vice Chairwoman Jordan noted this was the first time the Committee was considering this resolution. With regard to Vice Chairwoman Jordan’s inquiry, Ms. Calas noted that when software was included in a construction contract, the contractor earned 15% for procuring the software. In this case, she explained, PWD staff planned to buy the software directly and supply it to the contractor in order to save at least the 15%. Ms. Calas pointed out that perhaps costs associated with the procuring the software were excluded from the base estimate; however, she did not have a copy of the engineer’s estimate with her which she could use to verify this. Vice Chairwoman Jordan noted because this project would be performed in her district (Dist. 1), and because she lacked the information she wanted, she would move this resolution without recommendation. She added that if she received the information before the resolution was considered by the Commission, she could support the resolution; otherwise, she would move to defer the resolution. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing resolution. Chairman Rolle asked that the information requested by Vice Chairwoman Jordan be submitted to her before the foregoing resolution was considered by the full County Commission.

County Attorney 6/25/2008 Assigned Bruce Libhaber 6/25/2008

County Manager 6/24/2008 Referred Transit Committee 7/9/2008

County Manager 6/24/2008 Assigned County Attorney 9/2/2008
REPORT: PWD(TC 7/9/2008)(Attach. Bid Packages Budget Sheet SBD Reports)

County Manager 6/24/2008 Assigned Ysela Llort 6/24/2008 6/24/2008

Legislative Text


TITLE
RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $4,564,380.01 BETWEEN HORSEPOWER ELECTRIC, INC. AND MIAMI-DADE COUNTY FOR THE PEOPLE’S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED ADVANCED TRAFFIC MANAGEMENT SYSTEM’S REVERSIBLE LANE CONTROL SIGNAL SYSTEM (ATMS – RLCS) REFURBISHMENT PROJECT ALONG NW 199 STREET, FROM NW 2 AVENUE TO NW 27 AVENUE (PROJECT – NO. 20070587)



BODY

WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the Contract Award Recommendation in the amount of $4,564,380.01 between Horsepower Electric, Inc. and Miami-Dade County for the People’s Transportation Plan (PTP) Project Entitled Advanced Traffic Management System’s Reversible Lane Control Signal System (ATMS – RLCS) Refurbishment Project along NW 199 Street, from NW 2 Avenue to NW 27 Avenue in substantially the form attached hereto and made a part hereof.


HEADER
Date:
 
To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners

 
From: George M. Burgess
County Manager
 

Subject: Contract Award Recommendation in the Amount of $4,564,380.01 between Horsepower Electric, Inc. and Miami-Dade County for the People's Transportation Plan (PTP) Advanced Traffic Management System’s Reversible Lane Control Signal System (ATMS – RLCS) Refurbishment Project along NW 199 Street, from NW 2 Avenue to NW 27 Avenue - Project No: 20070587 (Formerly 20060314); Contract No: 20070587



STAFF RECOMMENDATION
This Award Recommendation for Construction Contract No: 20070587 has been prepared by the Public Works Department (PWD) and is recommended for approval. Proceeds from the Charter County Transit System Sales Surtax (the Surtax) will be used to fund this project, therefore, approval by the Board of County Commissioners (BCC) and the Citizen's Independent Transportation Trust (CITT) is required. Delegation of Authority - The authority of the County Manager or his designee to execute and implement this contract is consistent with those authorities granted under the Code of Miami-Dade County.  Additional delegation of authorities requested for this contract are as follows: No additional authority is being requested within the body of this contract.

Scope
PROJECT NAME: PTP Advanced Traffic Management System’s Reversible Lane Control Signal System Refurbishment Project along NW 199 Street, from NW 2 Avenue to NW 27 Avenue

PROJECT NO: 20070587 PTP (Formerly 20060314)

CONTRACT NO: 20070587

PROJECT DESCRIPTION: This project is being implemented in conjunction with the ATMS project and consists of furnishing all labor, required materials, equipment, tools, transportation, supplies, integration, testing, documentation, and training required to complete the work in accordance with the plans, specifications and technical provisions.

This work entails the removal and replacement of the existing RLCS signals, signs, wiring, and control equipment at each gantry. The installation of new LED lane control signals and new "blank-out" message signs, including the installation of new controller assemblies which are compatible with the County’s new ATMS, with County-specified firmware and new central control equipment which is also compatible with the ATMS and with County-specified software. The Contractor shall configure, integrate, and test the equipment to assure that the refurbished RLCS is fully functional under the ATMS umbrella.

PROJECT LOCATION: NW 199 Street, from NW 2 Avenue to NW 27 Avenue

PROJECT SITES: LOCATION

DIST

ESTIMATE T-S-R NW 199TH ST from NW 2ND AVE to NW 27TH Ave 1 $4,564,380.01 52-01-41

PRIMARY COMMISSION DISTRICT: District 1 Barbara J. Jordan

APPROVAL PATH: Board of County Commissioners

USING DEPARTMENT: Public Works Department

MANAGING DEPARTMENT: Public Works Department

Fiscal Impact / Funding Source
OPERATIONS COST IMPACT/FUNDING: The estimated annual operations cost is approximately $5,370.00. To be funded from the Street Lighting Maintenance, Budget Project No. 6031231.

MAINTENANCE COST IMPACT/FUNDING: The estimated annual maintenance cost is approximately $5,000.00. To be funded from the Street Lighting Maintenance, Budget Project No. 6031231.

LIFE EXPECTANCY OF ASSET:
The life expectancy is approximately 30 years.

FUNDING SOURCE: SOURCE

AMOUNT
PTP revenues, including but is not limited to the Charter County Transit System Sales Surtax, financing proceeds as listed in Ordinance No. 02-116, provision for implementation of the PTP. Funding for this project is specifically allocated in the reversible flow lanes category under the PTP. This contract, like all PTP contracts, will not be awarded without oversight of the CITT. Any other applicable funding sources except GOB as noted below, may subsidize this contract. $4,564,380.01

PTP FUNDING: Yes

GOB FUNDING: No

CAPITAL BUDGET PROJECTS:
BUDGET PROJECT / DESCRIPTION AWARD ESTIMATE

608400 - ADVANCED TRAFFIC MANAGEMENT SYSTEM (ATMS) - NEW TRAFFIC CONTROL CENTER
Book Page: 110 Funding Year: Adopted Capital Budget Book for FY 2007-08, Prior Years' Funds. (The total available funding from prior years' is $19,720,000). $4,564,380.01

Project Totals:   $4,564,380.01

BID PACKAGES ISSUED: 3

BIDS RECEIVED: 2

CONTRACT PERIOD: 270 Days.  

CONTINGENCY PERIOD: 27 Days.  

IG FEE INCLUDED IN BASE CONTRACT: Yes

ART IN PUBLIC PLACES: No

BASE ESTIMATE: $2,653,110.00

BASE CONTRACT AMOUNT: $4,049,017.86

CONTINGENCY ALLOWANCE (SECTION 2-8.1 MIAMI DADE COUNTY CODE):

TYPE PERCENT AMOUNT COMMENT
Infrastructure 10% $404,901.79

PERMIT FEES : $4,000.00   0.10%

FPL ALLOWANCES : $1,480.00   0.04%

MAINTENANCE OF TRAFFIC : $80,980.36   2.00%

OFF-DUTY LAW ENFORCEMENT OFFICER : $24,000.00   0.59%

TOTAL DEDICATED ALLOWANCE: $110,460.36

TOTAL AMOUNT: $4,564,380.01

Track Record / Monitor
SBD HISTORY OF VIOLATIONS: Yes, Report Attached. A total of four (4) violations: one (1) open and three (3) closed.

EXPLANATION:
This project was previously advertised under Project No.'s 20060042 and 20060314. For a more detailed explanation on bids received see the project's Request to Advertise herein attached.

On October 24, 2007, two (2) engineering firms proffered bids for the referenced project. The lowest bidder, Horsepower Electric, Inc., submitted a bid of $4,049,017.86 and Trans Tech Electric, Inc. submitted a bid of $4,392,341.91.

Horsepower Electric, Inc. and Affiliates were debarred and excluded from contracting with Miami-Dade County (i.e., bidding and being awarded any contract) for a period of eighteen (18) months from June 15, 2005 through December 31, 2006.  The named affiliates are Hector P. Ortiz, Hector M. Ortiz and Pios and Sons Enterprises, Inc. The debarment expired on December 31, 2006 which makes this firm eligible to bid on and receive awards unless some other issue is identified which impacts the determination of being a responsible bidder.

During the review process it was noted that Horsepower Electric, Inc. appeared on the Department of Small Business Development (SBD) goal deficit report. PWD sent the contractor a letter dated November 26, 2007, to contact SBD and submit them a make-up plan in order to be eligible for an award recommendation. This plan was reviewed and approved by SBD. The plan will allow Horsepower Electric, Inc. to make-up the goal ($39,583.38) on a Miami-Dade Transit RPQ No. MDT 74603 - CICC 7360-0/07 project entitled South Miami-Dade Busway (Phase 1) Safety Improvements awarded on February 13, 2008.

Therefore, PWD recommends that Horsepower Electric, Inc., the lowest responsive, responsible bidder, be awarded the subject contract for the sum of $4,564,380.01.

The contractor, Horsepower Electric, Inc., is currently performing work for PWD at a satisfactory level as reported by the Project Manager. Additionally, the Office of Capital Improvement (OCI) database lists 14 awarded construction contracts all for PWD. The referenced database also lists a total of ten (10) contractor performance evaluations with an overall performance rating of satisfactory (3.1) out of a possible superior performance (4) rating. Evaluations for the remaining projects have not been submitted at this time since the projects have not been completed yet.

Following PWD’s standard operating procedures, after award of this contract, a pre-construction meeting will be scheduled.

Throughout all PTP projects, the responsible staff person in PWD will be the PTP Coordinator, Mr. Frank Aira, P.E. Following completion of the award process, the project will be assigned to Mr. Oscar Rubio, for day-to-day responsibilities.

BID OPEN DATE: 10/24/2007

BID BOND EXPIRES: 9/30/2008

BID VALID UNTIL: 9/30/2008

ESTIMATED NOTICE TO PROCEED: 10/1/2008

PRIME CONTRACTOR: Horsepower Electric, Inc.

COMPANY PRINCIPAL: Hector P., Humberto & Linda S. Ortiz

COMPANY QUALIFIERS: Hector Ortiz


COMPANY EMAIL ADDRESS: [email protected] Com

COMPANY STREET ADDRESS: 8105 West 20th Avenue

COMPANY CITY-STATE-ZIP: Hialeah, Florida 33014

YEARS IN BUSINESS: 23 Years

PREVIOUS EXPERIENCE WITH COUNTY IN THE LAST FIVE YEARS:
According to the Firm History Report as provided by SBD, the contractor has been awarded nine (9) contracts with a total value of $10,025,764.23. SUBCONTRACTORS AND SUPPLIERS (SECTION 10-34 MIAMI DADE COUNTY CODE): Control Technologies of Central Florida, Inc.

MINIMUM QUALIFICATIONS EXCEED LEGAL REQUIREMENTS: No

STANDARD PAYMENT AND PERFORMANCE BOND: Yes

REVIEW COMMITTEE:
MEETING DATE: 11/29/2006  SIGNOFF DATE: 12/13/2006   RESUBMIT DATE: 3/28/2007   RESUBMIT SIGNOFF: 3/28/2007 

RESPONSIBLE WAGES: Yes

REVIEW COMMITTEE ASSIGNED CONTRACT MEASURES: TYPE GOAL ESTIMATED VALUE COMMENT
CSBE 0.00% $0.00 No Measures
CWF 10.00% $0.00

MANDATORY CLEARING HOUSE: Yes

CONTRACT MANAGER NAME/PHONE/EMAIL: Frank Aira (305) 375-1907 [email protected]

PROJECT MANAGER NAME/PHONE/EMAIL: Oscar Rubio (305) 592-3580 [email protected]

MANAGER'S BACKGROUND
BACKGROUND: The existing RLCS has been serving inbound and outbound stadium traffic for approximately 25 years. It has been controlled by the County’s 33-year old Traffic Control System (TCS) which will be phased out of existence in the next 2 years. Like the TCS, the RLCS is at the end of its useful life, is becoming impossible to maintain, and is incompatible with the County’s new ATMS.

The existing RLCS consists of 22 gantries spaced 600 feet apart. Therefore, for safety purposes a motorist driving along this 2.5 mile arterial is reminded every 600 feet of which lanes are open and which lanes are closed. If one gantry temporarily fails, motorists are not shown the proper lanes to be used for 1200 feet. This increases the chance that a motorist will change into a lane that is not open for his/her direction of travel, possibly ending up in a lane that is open for travel in the opposite direction, and risking a head-on collision.

Currently, 4 of the existing RLCS’s 22 gantries have permanently failed. Due to the age of the equipment, replacement parts cannot be procured. Two of the failed gantries are adjacent to each other causing a gap between functional gantries of 1800 feet. Although consideration has been given to cannibalizing the equipment from a gantry in an area where all gantries are working in order to make one of the two adjacent gantries functional, our Field Technicians feel that tampering with the functional equipment may damage it beyond reusability due to its age and fragility.

Refurbishing the RLCS with state-of-the-art hardware and software that is compatible with the County’s new ATMS is therefore critical to the safety of the public and to their ability to continue to efficiently access events at Dolphin Stadium.

____________________________________________________________________________________


BUDGET APPROVAL FUNDS AVAILABLE: _________________________

OSBM DIRECTOR ______DATE

APPROVED AS TO LEGAL SUFFICIENCY: _________________________

COUNTY ATTORNEY ______DATE

CAPITAL IMPROVEMENTS CONCURRENCE: _________________________


OCI DIRECTOR ______DATE


_________________________
ASSISTANT COUNTY MANAGER ______ DATE


CLERK DATE _____________ DATE



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