Miami-Dade Legislative Item
File Number: 111724
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File Number: 111724 File Type: Resolution Status: Withdrawn
Version: 0 Reference: Control: County Commission
File Name: CONTRACT AWARD RECOMMENDATION Introduced: 8/19/2011
Requester: Public Works & Waste Management Cost: Final Action:
Agenda Date: 12/19/2011 Agenda Item Number: 8M1
Notes: Title: RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $1,017,748.89 TO GENERAL ASPHALT CO., INC. FOR THE PEOPLE’S TRANSPORTATION PLAN PROJECT ENTITLED ROADWAY RESURFACING - COUNTYWIDE (PROJECT MCC 7360 PLAN – CICC 7360-0/08, REQUEST FOR PRICE QUOTATION NO. 20110035) AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS
Indexes: CONTRACT AWARD RECOMMENDATION
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Board of County Commissioners 12/19/2011 8M1 Withdrawn
REPORT: (SEE RELATED AGENDA ITEM 8M1 SUBSTITUTE, LEGISLATIVE FILE NUMBER 112191)

Board of County Commissioners 12/6/2011 8M10 Deferred 12/19/2011 P
REPORT: The foregoing proposed resolution was deferred to the December 19, 2011 Board of County Commission meeting during consideration of changes to today’s agenda, pursuant to the change sheet.

County Mayor 11/30/2011 Deferrals 12/6/2011
REPORT: A deferral of this item has been requested to the December 19, 2011 Board of County Commissioners meeting.

Regional Transportation Committee 11/7/2011 3M No Action Taken
REPORT: (SEE RELATED AGENDA ITEM 3M SUBSTITUTE, LEGISLATIVE FILE NUMBER 112191)

Regional Transportation Committee 10/24/2011 3F Deferred 11/7/2011
REPORT: SEE CHAIRMAN MARTINEZ'S MEMORANDUM DATED OCTOBER 24, 2011, ENTITLED "REQUESTED CHANGES TO THE REGIONAL TRANSPORTATION COMMITTEE AGENDA," AND THE MOTION TO SET THE AGENDA.

County Mayor 10/19/2011 Deferrals 10/24/2011
REPORT: The Mayor has requested deferral of this item to the November 7 Regional Transportation Committee meeting.

County Attorney 9/15/2011 Referred Regional Transportation Committee 10/24/2011

Regional Transportation Committee 9/12/2011 3ZZZ Deferred P
REPORT: Assistant County Attorney Bruce Libhaber read the foregoing proposed resolution into the record. It was moved by Commissioner Heyman that the foregoing resolution be forwarded to the County Commission, with a favorable recommendation. This motion was seconded by Commissioner Edmonson, for a discussion. Commissioner Heyman expressed concern that the firm recommended for the award, (General Asphalt Company, Inc.), offered a price that was $60,000 more than the top-ranked firm (H&J Asphalt, Inc.), which only lost the bid due to a technical issue. She noted she felt a firm that submitted an improper or outdated form should be given a chance to correct the error, rather than be deemed non-responsive. She asked if submittal of a wrong form was the only issue with H&J Asphalt, Inc. (H&J). Ms. Esther Calas, Director, Public Works Department, noted a hearing examiner had determined that it was not in the best interest of the County to accept the improper form submitted by H&J. Following discussion, Commissioner Heyman asked if it was possible to defer this resolution for staff to try to negotiate a lower price with General Asphalt Company, Inc, given the County’s current economic status. Ms. Calas noted that staff could certainly try to negotiate a better price, and that this resolution could be deferred to the next Committee meeting. She also noted that the proper form had been available to H&J. Commissioner Heyman asked Ms. Calas to meet with the representatives of General Asphalt Company, Inc., (GAC), to negotiate a lower price or match H&J’s price, since H&J was not recommended for the award based on a technicality that it submitted an improper form. Commissioner Moss noted he recalled the Commission waiving certain issues in the past for firms that did not conform to the bid solicitations. He asked if the Commission had ever waived issues concerning Bid Bond forms. Assistant County Attorney Libhaber noted he could only answer the question concerning those cases in which questions about the appropriateness of bid bond forms were submitted to the County Attorney’s Office (CAO). He noted the CAO always issued the opinion that a slight difference in forms, alone, did not warrant a firm found non-responsive, and therefore rejected. Mr. Libhaber explained that the CAO and Hearing Officer concurred that the form submitted by H&J (the lowest bidder) was inconsistent with the terms of this particular RFP, and that acceptance of the form would result in a material difference to the County. Mr. Libhaber also explained that the effective date of the bid bond was the issue. He noted the County required that a Bid Bond be in place at the time the bid was submitted; however, H&J had submitted a form that allowed the Bid Bond to go into effect at the time the County Commissioners voted to accept the bid. He noted the CAO felt that requiring one company to submit a bid bond that was effective immediately, while allowing another company to submit a bid bond that would be effective when the Commission accepted the bid, would create a competitive advantage. He explained that this was because the latter firm could withdraw its proposal up until the Commission accepted the bid, without losing the Bid Bond. In response to Commissioner Moss’ question regarding whether the type of Bid Bond form submitted by H&J in this solicitation, had been found unacceptable in the past, Mr. Libhaber noted the CAO had always opined that this form was in discordance with the terms of this type of bid solicitation, and therefore unacceptable. Senator Miguel Diaz de la Portilla, Attorney representing H&J, responded to Commissioner Moss’ inquiry regarding any circumstance, in which the County had accepted this form in the past. He noted the error had routinely been considered non-material and waived by the County in the past, because case law gave strong preference to the lowest bidder. He cited established case law that said a bidder had no unilateral right to walk away from a bid once it was submitted, and could not withdraw it. He noted in past situations such as this one, the County requested the proper form be submitted rather than reject the bid. Ms. Calas noted the County’s acceptance of the bid form in question would have given the applicant monetary advantages. She offered to present the Hearing Examiner’s opinion and other supporting information to the Committee at the meeting the Committee may decide to defer this resolution to. Commissioner Heyman noted she supported saving the County money. She also acknowledged that the Examining Officer’s ruling contained additional information indicating that acceptance of the form would have given an advantage to one of the companies. She noted she would like to defer this resolution, and for Ms. Calas to provide Committee members with a copy of the Hearing Officer’s ruling. She also repeated her request that Ms. Calas ask GAC to reduce its price. Hearing no further discussion, the Committee voted on the motion to defer this resolution.

County Attorney 8/30/2011 Assigned Hugo Benitez 9/6/2011

County Mayor 8/19/2011 Assigned County Attorney 10/4/2011
REPORT: PWD - Hugo Benitez assisted - no sponsor - pending cmte - Attachments: Award Notice, Bid Tabulation, Contract Prices, RPQ, OCI and Sunbiz Reports

County Mayor 8/19/2011 Assigned Alina Tejeda-Hudak 8/19/2011

Legislative Text


TITLE
RESOLUTION APPROVING A CONTRACT AWARD RECOMMENDATION IN THE AMOUNT OF $1,017,748.89 TO GENERAL ASPHALT CO., INC. FOR THE PEOPLE’S TRANSPORTATION PLAN PROJECT ENTITLED ROADWAY RESURFACING - COUNTYWIDE (PROJECT MCC 7360 PLAN – CICC 7360-0/08, REQUEST FOR PRICE QUOTATION NO. 20110035) AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS

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 $1,017,748.89 between General Asphalt Co., Inc. and Miami-Dade County for the People’s Transportation Plan (PTP) Project Entitled Roadway Resurfacing – Countywide (Project MCC 7360 Plan – CICC 7360-0/08, RPQ No. 20110035) in substantially the form attached hereto and made a part hereof; and authorizing use of Charter County Transportation Surtax Funds.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Contract Award Recommendation in the Amount of $1,017,748.89 to
General Asphalt Co., Inc. for the People's Transportation Plan
Project Entitled Roadway Resurfacing - Countywide and Authorizing
the Use of Charter County Transportation Surtax Funds?????

STAFF RECOMMENDATION
Recommendation
The attached Contract Award Recommendation for the People’s Transportation Plan (PTP) project entitled Roadway Resurfacing - Countywide (Project MCC 7360 Plan - CICC 7360-0/08 Request for Price Quotation No. 20110035) in the amount of $1,017,748.89 to General Asphalt Co., Inc. was prepared by the Public Works Department (PWD) and is recommended for approval by the Board of County Commissioners (Board).

Proceeds from a Charter County Transportation System Sales Surtax Bond Sale will be used to fund this project; therefore, review by the Citizens’ Independent Transportation Trust (CITT) is required before final approval by the Board.

Scope
The work to be performed under the life of this contract includes roadway resurfacing at various locations within Miami-Dade County.

Fiscal Impact/Funding Source
The value of this contract award is $1,017,748.89 and will be funded from Charter County Transportation Surtax 2010 Bond Proceeds as programmed within PWD’s Multi-Year Capital Budget. The base contract amount is $895,225.25, but the total amount is inclusive of the contingency and dedicated allowances. There are no recurring operating or maintenance costs anticipated with the contract.

The proposed improvements qualify under the allowable work categories included in the PTP Neighborhood Improvements Section. The funding index code for this project is CPEPTP400RSF.

Delegation of Authority
No additional authority is being requested within the body of this contract.

Track Record/Monitor
General Asphalt Co., Inc. is currently performing work for PWD at a satisfactory level. PWD has reviewed the Office of Capital Improvements (OCI) database and found 19 awarded construction contracts as follows:
* one from the Aviation Department,
* one from the Park and Recreation Department, and
* 17 from PWD.

The referenced database also lists a total of 36 contractor performance evaluations (several contracts having two evaluations on file, an interim and a project closeout) with an overall performance rating of satisfactory performance (3.6) out of a possible superior performance (4.0) rating. The Department of Small Business Development’s (SBD) History of Violation’s report lists no violations for this contractor.

According to the Florida Department of State, Division of Corporations, General Asphalt Co., Inc., Company Principals are Robert A. Lopez, Albert Lopez J., Royal S. Webster, Curtis Simpson and Robert A. Lopez, Jr. and the Company’s address is listed as 4850 NW 72 Avenue, Miami, Florida 33166.

Following PWD’s standard operating procedures, after award of this contract, a pre-construction meeting will be scheduled. The responsible staff person for PTP projects in PWD is PTP Coordinator, Mr. Frank Aira, P.E. Following completion of the award process, the project will be assigned to Mr. Joaquin Rabassa, P.E., Project Coordinator, for day-to-day responsibilities.

MANAGER'S BACKGROUND
Background
As part of the PTP Neighborhood Improvements initiative, PWD continues to take advantage of various contracting mechanisms such as the subject Miscellaneous Construction Contracting (MCC) process available under the MCC 7360 Program. Through this process, PWD forwards the Request for Proposal Quotation (RPQ), by way of facsimile transmission, to a pool of firms that have registered with OCI for the subject trade. Additionally, PWD advertises the project in the Daily Business Review and all solicitations are available on-line through the Miami-Dade County portal under the “Procurement Solicitations” link. The project award evaluation is based upon the lowest bid submitted by the responsive, responsible bidder for the project.

The SBD Review Committee met and recommended a 10 percent Community Small Business Enterprise subcontractor goal based on the project’s scope of work and cost estimate of $879,000.00. In addition, the Community Workforce Program (CWP) has been established for this project as several work locations fall within a Designated Target Area and are subject to a 13 percent CWP Goal. Subsequent to the review by the SBD Review Committee, PWD forwarded RPQ No. 20110035 for the Roadway Resurfacing Contract, utilizing the OCI contract MCC 7360 Plan, to a list of 55 pre-registered firms. A total of four firms purchased contract documents and all four firms proffered a bid.

H & J Asphalt, Inc. (H & J) proffered the lowest bid ($835,309.40), but submitted a Bid Bond Form different from the standard form included in the solicitation documents. The submitted Bid Bond Form, along with the contract language was sent to the County Attorney’s Office for review on March 17, 2011. The Bid was determined to be Non-Responsive by the CAO. Therefore, PWD recommends award to the second lowest bidder, General Asphalt Co., Inc. which proffered a base bid of $895,225.25, two percent over the County’s cost estimate.

The Recommendation for Award to General Asphalt Co., Inc. was issued and then filed with the Clerk of the Board on June 28, 2011. H & J filed a bid protest on July 1, 2011 for which a hearing was held on July 21, 2011. The Hearing Officer, in his ruling of July 29, 2011 (attached), denied the bid protest filed by H & J and upheld the Manager’s recommendation. Therefore it is recommended that the subject project be awarded to the lowest responsive, responsible bidder, General Asphalt Co., Inc., with the stipulation that approval of this project must be obtained from the CITT and the BCC in accordance with PTP guidelines.

The work to be accomplished for this project consists of, but is not limited to, furnishing all supervision, labor, required materials, equipment and tools to perform all operations necessary for roadway resurfacing improvements. The work includes clearing and excavating of shoulder areas or build-up, grading and clean-up of adjacent shoulders and removal of roots, if required. Additional work to be performed includes milling of existing pavement, resurfacing of the full roadway, the widening and resurfacing of intersecting streets, and resurfacing of asphalt pathways (pedestrian, bicycle, etc.) adjacent or not to the edge of the pavement, if necessary.


__________________________
County Manager/Deputy Mayor






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