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RESOLUTION AWARDING A DESIGN-BUILD CONTRACT TO POOLE & KENT COMPANY OF FLORIDA WITH A CONTRACT AMOUNT NOT TO EXCEED $195,555,440.00 WITH A TOTAL CONTRACT TERM OF ONE THOUSAND TWENTY-NINE (1,029) DAYS FOR THE SOUTH DISTRICT WASTEWATER TREATMENT PLANT (SDWWTP) AND ONE THOUSAND EIGHTY-SIX (1,086) DAYS FOR THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT (CDWWTP) FOR A PROJECT ENTITLED �DESIGN-BUILD SERVICES FOR THE CONSTRUCTION OF THE SDWWTP AND THE CDWWTP SLUDGE THICKENING AND DEWATERING BUILDINGS; PROJECT NO. DB18-WASD-02; CONTRACT NO. 19PKCOF002; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE THE PROVISIONS OF SECTION 2-8.2.12(4)(D) AND (E) RELATED TO ACCELERATION OF CERTAIN WATER AND SEWER DEPARTMENT CONTRACTS; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE DESIGN-BUILD CONTRACT AND TO EXERCISE THE TERMINATION AND OTHER PROVISIONS CONTAINED THEREIN

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WHEREAS, this Board desires to accomplish the purpose 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 hereby awards a design-build contract to Poole & Kent Company of Florida with a contract amount not to exceed $195,555,440.00 with a total contract term of one thousand twenty-nine (1,029) calendar days for South District Wastewater Treatment Plant (SDWWTP) and one thousand eighty-six (1,086) calendar days for Central District Wastewater Treatment (CDWWTP) for project entitled �Design-Build for the Construction of SDWWTP and CDWWTP Sludge Thickening and Dewatering Buildings; Project No. DB18-WASD-02; Contract No. 19PKCOF002, in substantially the form attached hereto and made a part hereof. The Board also: (1) authorizes the County Mayor or County Mayor�s designee to exercise the provisions of the Miami-Dade Water and Sewer Department Consent Decree and Capital Improvements Programs Acceleration Ordinance, Section 2-8.2.12(4)(d) and (e) of the Code of Miami-Dade County, which provisions
specifically include, subject to Board ratification, the authority to amend contracts, extend the time for completion of contracts, negotiate and settle claims and issue settlement agreements and change orders; and (2) authorizes the County Mayor or County Mayor�s designee to execute the attached design-build contract and to exercise the provisions contained therein, including, the termination provision, for and on behalf of Miami-Dade County, Florida.

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Date: To: Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
From: Carlos A. Gimenez
Mayor

Subject: ***CONSENT DECREE ***
Resolution Approving a Design-Build Contract to Poole & Kent Company of Florida to Provide Design-Build Services for the Construction of South District Wastewater Treatment Plant and the Central District Wastewater Treatment Plant Sludge Thickening and Dewatering Buildings � Project No. DB18-WASD-02; Contract No. 19PKCOF002

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) approve the attached resolution awarding a design-build contract (Contract) to Poole & Kent Company of Florida (Poole & Kent) to provide design-build services for the construction of South District Wastewater Treatment Plant (SDWWTP) and the Central District Wastewater Treatment Plant (CDWWTP) Sludge Thickening and Dewatering Buildings � Project No. DB18-WASD-02; Contract No. 19PKCOF002, pursuant to Section 2-8.1 of the Miami-Dade County Code. The total compensation amount shall not exceed $195,555,440 with a total contract term of 1,029 calendar days for the SDWWTP and 1,086 calendar days for CDWWTP. This contract award recommendation was prepared by the Miami-Dade Water and Sewer Department (WASD).

Section 2-8.2.12 of the Code of Miami-Dade County (i.e. Miami-Dade Water and Sewer Department Consent Decree and Capital Improvement Programs Acceleration Ordinance) delegates authority to the County Mayor or County Mayor�s designee to award Consent Decree Projects that meet certain conditions. One of the conditions that must be met before the County Mayor or County Mayor�s designee can award a contract under Section 2-8.2.12 of the Code is that the base value of a recommended award does not exceed the base estimate by more than ten percent (10%). Because Poole & Kent�s base bid of $177,972,000 is approximately 15.6 % higher than the base value, it does not meet this condition, and Board approval of this contract award recommendation is required.

DELEGATION OF AUTHORITY
Upon Board approval of the contract award recommendation, pursuant to Section 2-8.2.12 (4)(d) and (e) of the Code of Miami-Dade County, the County Mayor or County Mayor's designee will be authorized to amend and extend the Contract, waive liquidated damages, negotiate and settle claims, and execute change orders that do not exceed 10 percent of the base contract amount.

PROJECT NAME
Design-Build Services for the Construction of SDWWTP and the CDWWTP Sludge Thickening and Dewatering Buildings.

PROJECT DESCRIPTION: See attached Exhibit A, �Scope of Services.�

PROJECT LOCATION: The CDWWTP is located at 3989 Rickenbacker Causeway, Miami, Florida 33160 and the SDWWTP is located at 8950 S.W. 232 Street, Miami, Florida 33170.

PRIMARY COMMISSION DISTRICTS: District 7, Commissioners Xavier L. Suarez
District 8, Commissioner Daniella Levine Cava

APPROVAL PATH: Board of County Commissioners

MANAGING DEPARTMENT: Miami-Dade Water and Sewer Department

SMALL BUSINESS DEVELOPMENT (SBD): Project Worksheets attached as Exhibit B.
RESUBMITTAL DATE: 10/09/2018 SIGNOFF DATE: 10/15/2018

TYPE GOAL COMMENT
SBE- Architectural/Engineering 14.00% Implementing Order 3-32
SBE-Goods and Services 2.00% Implementing Order 3-41
SBE-Construction 9.43% Implementing Order 3-22
Community Workforce Program 10.00%

PROJECT TECHNICAL CERTIFICATION REQUIREMENTS
TYPE CODE DESCRIPTION
Lead A/E
6.03 Water and Sanitary Sewer Systems � Water and Sanitary Sewage Treatment Plants
Lead A/E 11.00 General Structural Engineering
Lead A/E 16.00 General Civil Engineering
Lead A/E 17.00 Engineering Construction Management
Other 9.02 Soils, Foundations and Materials Testing � Geotechnical and Materials Engineering Services
Other 9.03 Soils, Foundations and Materials Testing � Concrete and Asphalt Testing Services
Other 10.05 Environmental Engineering � Contamination and Assessment Monitoring
Other 12.00 General Mechanical Engineering
Other 13.00 General Electrical Engineering
Other 14.00 Architecture
Other 15.01 Surveying and Mapping � Land Surveying

SUBCONSULTANTS/SUBCONTRACTORS
The following Subconsultants/Subcontractors with percentages (%) are being utilized to meet the assigned Small Business Enterprise (SBE) goals. See attached Exhibit C, �Certificate of Assurance and Utilization Plan.�
Subconsultants Goal Services
A.D.A. Engineering, Inc. 2.00% Civil Engineering
Axioma 3, Inc. 3.50% Architecture
Bello and Bello Land Surveying Corporation 0.50% Surveying
Carollo Engineers, Inc. N/A Lead Designer
Chen Moore and Associates, Inc. N/A Civil/Site Engineering
Corcel Corp. 1.650% Furnish Pipe, Valves, Fittings, Pumps & Related
Dodec, Inc. 3.288% Mechanical Engineering
Eli�s Mechanical Corp. 1.096% Mechanical Engineering
Fraga Engineers, LLC 5.00% Heat Ventilation and Air Conditioning
Gamboa Engineers, LLC 3.50% Electrical Engineering
Gresham Smith N/A Mechanical Engineering
Lehman Pipe and Plumbing Supply, Inc. 0.350% Furnish Pipe, Valves, Fittings, Pumps & Related
Longitude Surveyors, LLC 0.50% Surveying
Mar�s Contractors, Inc. 2.507% Mechanical and Plumbing
Nutting Engineers of Florida, Inc. N/A Geotechnical Services
Sunshine State Air Conditioning, Inc. 2.575% Heat Ventilation and Air Conditioning
Terracon Consultants, Inc. N/A Materials Testing/Geotechnical
Vital Engineering, Inc. 2.00% Electrical Engineering

FISCAL IMPACT/ FUNDING SOURCES:
Future WASD Revenue Bonds, WASD Revenue Bonds Sold and Wastewater Renewal Fund

CAPITAL BUDGET PROJECT NUMBER - DESCRIPTION: See attached Exhibit �D.�
964120 Wastewater Treatment Plants � Consent Decree Projects
Adopted FY 2019-2020 Budget and Multi-Year Capital, Volume 3, Page 71 $195,555,440

PTP FUNDING: No
GOB FUNDING: No
ARRA FUNDING: No
TOTAL CONTRACT PERIOD: 1,029 SDWWTP
1,086 CDWWTP
CONTINGENCY TIME: 120 SDWWTP
120 CDWWTP
IG FEE INCLUDED IN BASE CONTRACT: Yes
ART IN PUBLIC PLACES: No

BASE CONTRACT AMOUNT: $177,972,000 Engineering $ 14,856,000
Construction $163,116,000

Contingency Allowance (Section 2-8.1 of the Miami-Dade County)
Type Percent Amount Comment
Design-Build


10%
5%


$1,485,600
$8,155,800
$9,641,400 The Contingency Allowance fees are calculated in accordance with Ordinance No. 00-65: five percent of construction costs totaling $8,155,800, and 10 percent of engineering costs totaling $1,485,600.


DEDICATED ALLOWANCES:
Permit Fees $ 4,893,480
Permit Prep Utility Coordination $ 148,560
Changes in Soils Conditions $ 500,000
Utility Relocations $ 800,000
Environmental Investigations $ 1,000,000
Furnishing $ 500,000
Fire Suppression System $ 100,000
TOTAL DEDICATED ALLOWANCES: $ 7,942,040

TOTAL CONTRACT AMOUNT: $195,555,440

SEA LEVEL RISE (ORD. NO. 14-79): The impact of sea level rise will be considered as part of the design.


SUSTAINABLE BUILDINGS ORDINANCE (Ord. 07-65): The Sustainable Buildings Ordinance does not apply to this design-build project.


TRACK RECORD/MONITOR
Due diligence was conducted by WASD and the Internal Services Department (ISD) in accordance with ISD Procurement Guidelines to determine responsibility, including verifying corporate status and performance and compliance data. The lists that were reviewed include: convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties. There were no adverse findings relating to Poole & Kent�s responsibility. This information is being provided pursuant to Resolution No. R-187-12.

EXPLANATION:
On November 13, 2018, a Request for Design-Build Services was issued under full and open competition. On January 11, 2019, the Clerk of the Board received two proposals, in response to the solicitation, Poole and Kent Company of Florida and Garney Companies Inc. Because fewer than three proposals were received in response to the RDBS, an analysis of market availability was conducted. On February 4, 2019, the market analysis was approved by the ISD to move forward with the recommendation to proceed with the two proposals received. See attached Exhibit E, �List of Respondents.�

On February 5, 2019, SBD completed its review of the SBE contract measures and confirmed that both firms had complied with the Step 1 submittal requirements. See attached Exhibit F, �SBD Compliance Review � Step 1.�

Step 1:
At the Step 1 �Evaluation of Qualifications� meeting held on March 6, 2019, the Competitive Selection Committee reviewed and ranked the qualifications of the two firms received on January 11, 2019, see �Step 1 Tabulation Report� attached as Exhibit G. Subsequently, the Competitive Selection Committee short-listed both firms to submit a Base Technical Proposal as required by the Request to Design-Build Services Design Criteria Package for the Step 2 �Technical and Price Proposal Evaluation� meeting.

On March 27, 2019, Garney Companies Inc., one of the two short-listed firms, submitted a question via BidSync requesting that the County waive Local Preference for the Project. On April 4, 2019, via Addendum Six ISD responded that pursuant to Section 2-8.5 the Miami-Dade County Code, Local Preference was included in the RDBS and therefore will be applied as stipulated in the solicitation for the Project. As the Board of County Commissioners is the awarding authority for this Project, the application of Local Preference may only be waived upon approval of the Board of County Commissioners.

On April 22, 2019, Garney Companies Inc. officially withdrew from participation on this solicitation. Garney�s decision to withdraw was based on the County�s decision regarding Local Preference, See attached Exhibit H �No Bid letter.�

Step 2:
On May 10, 2019, one Technical Proposal was received in response to the Step 2 Technical and Price Proposal.

Step 2 Technical and Price Proposal Meeting:
The Step 2 �Technical and Price Proposal� meeting (Oral Presentations) was held on June 12, 2019. The Competitive Selection Committee evaluated Poole & Kent based on the Step 2 evaluation criteria and recommended that the County Mayor or County Mayor�s designee approve negotiations with Poole & Kent. See the tabulation report attached as Exhibit I, �Step 2 Tabulation Sheet.�


Firm Qualitative
Score Alternate/Base Price Proposal Adjusted Bid Final Ranking
Poole & Kent Company of Florida 467 $181,472,000 388591 1


WASD requested the Design-Criteria Professional, Stantec Consulting Services, Inc to evaluate Poole & Kent�s qualifications, and explain the exceedance in price between Design-Criteria Professional�s base estimate of $157,004,412, exclusive of contingencies and allowances based on a Class 4 Opinion of Probable Construction Cost or �OPCC� completed on January 12, 2019 for CDWWTP and April, 19, 2019 for SDWWTP and Poole & Kent�s base bid of $177,972,000, which is approximately 15.6 percent higher. In correspondence dated October 7, 2019, see attached Exhibit �J,� Stantec Consulting Services, Inc. explained that Poole & Kent�s base bid was within the accuracy range of the Design-Criteria Professional�s estimate and the price difference could be attributed to two factors, including: (1) having a single bidder, and (2) the AACE Class 4 estimate which has an expected accuracy range of: Low -15 percent to -30 percent, High +20 percent to +50 percent. Stantec Consulting Services, Inc. further stated that Poole & Kent and their selected specialty subcontractors met the required minimum experience qualifications.

Based on the above, Stantec Consulting Services, Inc. recommended that the County proceed with negotiations.

The Negotiation Committee was approved by the County Mayor�s designee on July 1, 2019, the Negotiation Committee met and concluded its fourth negotiations meeting on September 26, 2019, with Poole & Kent. See attached Exhibit K, �Negotiation Authorization.�

On July 11, 2019, SBD completed its Step 2 review of the SBE contract measures and confirmed that Poole & Kent have complied with the contract measures. See attached Exhibit L �Compliance Review Step 2.�

Based on the ISD�s CIIS database, Poole & Kent has 59 evaluations with an average 3.5 rating out of a possible total 4.0 points. See attached Exhibit �M.�

PREVIOUS EXPERIENCE WITH THE COUNTY IN THE PAST THREE (3) YEARS:
According to the Firm History Report provided by Internal Services Department, Division SBD, Poole & Kent has been awarded 10 contracts with Miami-Dade County, with a total contract value of $219,625,377 in the past three years. See attached Exhibit N, �Firm History Report.�

Submittal Date: 01/11/2019
Estimated Notice to Proceed: 04/01/2020
Company: Poole & Kent Company of Florida
Principal:/Company Qualifier: Patrick Carr
Email Address: [email protected]
Company Address: 1781 N.W. North River Drive
Miami, Florida 33125
Years in Business: 101

Minimum Qualifications Exceed Legal Requirements: Yes, see attached Exhibit O, �Minimum Experience and Qualifications.�

Occupational and Safety Health Administration (Per Resolution R-1181-18):
See Attached Exhibit �P�


Applicable Wages (Resolution No. R-54-10): Yes
Mandatory Clearing House: No

Contract Manager Name/Phone/Email: Patty Palomo/786-552-8040/
[email protected]
Project Manager Name/Phone/Email: Daniel Edwards/786-552-5354
[email protected]
BACKGROUND:
Miami-Dade County has entered into a Consent Decree (United States District Court for the Southern District of Florida, Case No. 1:12-cv-24400-FAM, hereinafter referred to as �Consent Decree�) with the United States, Environmental Protection Agency, the State of Florida, and Florida Department of Environmental Protection, to remediate its aging wastewater infrastructure. This Project is intended to satisfy the requirements identified in Consent Decree Projects 1.06, 1.08, 2.12, 2.13, 2.16, and 2.18(2).

This Project was previously advertised but was not successfully awarded due to the following circumstances:

� On July 20, 2016, a RDBS was issued under full and open competition.
� On September 2, 2016, proposals were received from PC Construction Company and Poole and Kent Company of Florida.
� On July 26, 2017, Poole and Kent Company was found non-responsive due to the elimination of one of their team members; one of their subconsultants did not have an active prequalification certification required by the Solicitation and Administrative Order 3-39.
� On May 1, 2018, PC Construction Company withdrew its proposal due to a lengthy procurement process, the latter of which resulted in the expiration of the bid bond. The process was lengthy due to several factors related to a complicated solicitation, including extending the advertisement timeframe because only two proposals were received, the process of finding one of the bidders non-responsive, extended time-frame for submittal of technical proposals due to the complexity of the project and length of negotiations with the final bidder for which the parties could not agree on standard contract language.
� On July 24, 2018, via Resolution No. R-790-18 the Board ratified the action of the County Mayor�s designee to reject and re-advertise the Project.


Signature Page

WASD Project No. DB18-WASD-02
Design-Build Services for the Construction of South District Wastewater Treatment Plant and the Central District Wastewater Treatment Plant Sludge Thickening and Dewatering Buildings


____________________________ _______________________
Jennifer Moon Date
Deputy Mayor/OMB Director





____________________________ _______________________
Henry N. Gillman Date
Assistant County Attorney





____________________________ _______________________
Jack Osterholt, Deputy Mayor Date
On Behalf of Mayor Carlos A. Gimenez