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RESOLUTION AWARDING, APPROVING AND AUTHORIZING THE EXECUTION BY THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE OF A CONTRACT IN THE AMOUNT OF $10,408,760.00, FUNDED IN PART BY BUILDING BETTER COMMUNITIES GOB FUNDS, BETWEEN MIAMI-DADE COUNTY AND MIAMI SKYLINE CONSTRUCTION CORP. FOR THE CONSTRUCTION OF THE NEW NORTHEAST BRANCH LIBRARY, CONTRACT NO. Z00086; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ANY TERMINATION AND RENEWAL PROVISIONS CONTAINED THEREIN

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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:

Section 1. Awards and approves the Contract between Miami-Dade County and Miami Skyline Construction Corp. in the amount of $10,408,760.00 for the construction of the new Northeast Branch Library � Project No. Z00086 GOB (�Contract�) ESP, in substantially the form attached hereto and made part hereof.

Section 2. Authorizes the County Mayor or the County Mayor�s designee to execute the Contract after review and approval by the County Attorney�s Office; and to exercise any cancellation and renewal provisions therein.

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Date:

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

From: Edward Marquez
Deputy Mayor

Subject: Contract Award Recommendation for Construction of the new Northeast Branch Library, Project No. Z00086 GOB ESP/Contract No. Z00086, between Miami Skyline Construction Corp. and Miami-Dade County

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) award, approve and authorize the execution of the construction contract No. Z00086 (Contract) for Project No. Z00086 GOB ESP (Project) to Miami Skyline Construction Corp. (Miami Skyline), in the amount of $10,408,760 for the construction of the new Northeast Branch Library, as described in the County Deputy Mayor�s Recommendation for Award dated October 13, 2011, and the Internal Services Department�s (ISD) Notice of Intent to Award dated Memorandum dated November 7, 2011 (attached collectively as Exhibit A).

SCOPE
The new Northeast Branch Library is located at 2930 Aventura Blvd in Commission District 4. However, the impact of this agenda item is countywide as the future Northeast Branch Library is a communal asset, which will be utilized by residents throughout Miami-Dade County.

FISCAL IMPACT/FUNDING SOURCE
The construction cost will be $10,408,760 and is being funded from Building Better Communities General Obligation Bond (BBC GOB) Program Funds, Capital Asset Series 2007 Bond Proceeds, and Miami-Dade Library Taxing District Funds, as programmed within the adopted Capital Budget for FY 2011-12, Project Number 908680.

Throughout the life of the asset, the average yearly maintenance cost is estimated at $430,435, which will be funded through the Miami-Dade Library Taxing District.

TRACK RECORD/MONITOR
Pursuant to the Firm History Report provided by the Small Business Development (SBD) division of the Sustainability, Planning and Economic Enhancement Department, Miami Skyline has been awarded five contracts with the County in the last five years for a total value of $19,632,681, which includes $171,690 in approved change orders. Based on the County�s Capital Improvements Information System (CIIS) database, the County has completed eleven evaluations for Miami Skyline, which reflect the contractor�s satisfactory performance with an average rating of 2.7, with 4.0 being the highest rating possible.

The ISD�s Design and Construction Services Division staff members responsible for monitoring the Agreement are Eddy Etienne, Construction Manager 2, and H. Patrick Brown, Construction Manager 3.

MANAGER'S BACKGROUND
BACKGROUND
The construction of the Northeast Branch Library was one of the more than 300 capital improvement projects eligible to be funded by the BBC GOB Program. This facility will replace the original library, which was damaged beyond repair during Hurricane Wilma. It is being built at the same location and will provide free cultural, educational, and recreational library-based programs to the local community. At the request of the Library Department, the ISD�s Architecture and Engineering Section has completely designed the facility with in-house staff. ISD�s Construction Management Section will provide construction oversight throughout final acceptance of the building by the Library Department.

Pursuant to Section 2-8.2.7 of the Code of Miami-Dade County, the Economic Stimulus Ordinance, the County Mayor has the authority to award the contract without prior Board approval, subject to latter ratification by the Board at the next available meeting unless a timely bid protest is filed. For the purposes of this contract, the County Mayor has delegated his authority (copy attached). On November 7, 2011, the Clerk of the Board filed both the Deputy Mayor�s Recommendation for Award and ISD�s Notice of Intent to Award, which were communicated to all bidders that responded to the bid solicitation. On November 10, 2011, a timely bid protest was filed with the Clerk of the Board by the second lowest bidder, Perez-Gurri Corp. d.b.a. N&J Construction (N&J), stating that �Miami Skyline�s bid submission for the Project does not satisfy the responsibility requirements identified in the advertisement for bid.�

On December 1, 2011, a hearing was conducted in�accordance with the bid protest procedures codified in Section 2-8.4 of the Code of Miami-Dade County and Implementing Order 3-21. The County Attorney�s Office opposed the protest, finding and arguing that Miami Skyline was indeed the lowest responsive, responsible bidder (see the County Attorney�s memorandum in opposition as Exhibit B). In an opinion filed on December 2, 2011 (Exhibit C), the Hearing Examiner denied the protest and concurred with the Deputy Mayor�s Recommendation for Award of the Contract to Miami Skyline.

Based on the foregoing, it is recommended that the Contract be awarded to Miami Skyline, and that the Deputy Mayor be authorized to execute the Contract and all termination and renewal provisions therein.

DELEGATED AUTHORITY
The authority of the Deputy Mayor to execute and implement this contract is consistent with those authorities granted under the Code of Miami-Dade County.� In accordance with Section 2-8.3 of the Miami-Dade County Code related to identifying delegation of Board authority, there are no authorities beyond those specified in the resolution which include the County Mayor or County Mayor�s designee to execute the Agreement, and to exercise the cancellation and renewal provisions.



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Deputy Mayor