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RESOLUTION WAIVING COMPETITIVE BIDDING PROCEDURES PURSUANT TO SECTION 2-8.1 OF THE CODE OF MIAMI-DADE COUNTY AND SECTION 5.03(D) OF THE HOME RULE CHARTER, BY A TWO-THIRDS VOTE OF BOARD MEMBERS PRESENT AND APPROVING AWARD OF A BID-WAIVER CONTRACT TO MAC195 ENGINEERING CORPORATION IN AN AMOUNT NOT TO EXCEED $5,932,439.72 FOR THE HOMESTEAD BAYFRONT PARK MARINA FIRE LINE REPLACEMENT PROJECT; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE SAME FOR AND ON BEHALF OF MIAMI-DADE COUNTY AND EXERCISE ALL RIGHTS AND 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:

Section 1. This Board incorporates the foregoing recital and finds that it is in the best interest of Mami-Dade County to waive formal bid procedures by a two-thirds vote of the Board members present in accordance with the provisions of section 5.03(D) of the Home Rule Charter and section 2-8.1 of the Code of Miami-Dade County to select MAC195 Engineering Corporation for the construction of the Homestead Bayfront Park Marina fire line replacement project, in accordance with the contract attached to the accompanying memorandum as Attachment 1.

Section 2. This Board approves the contract with MAC195 Engineering Corporation for the Homestead Bayfront Park Marina fire line replacement project for an amount not to exceed $5,932,439.72, for a contract period of 365 calendar days in substantially the form attached to the accompanying memorandum as Attachment 1.

Section 3. This Board authorizes the County Mayor or the County Mayor�s designee to execute the construction contract and to exercise all rights and provisions contained therein.

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Date:

To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Recommendation to Approve a Waiver of Competitive Bidding for the Homestead Bayfront Park Marina - Fire line Replacement Construction Contract between Miami-Dade County and MAC195 Engineering Corporation; Contract: 7016119005; Project No: 701601-19-005

STAFF RECOMMENDATION
Executive Summary
The purpose of this item is to request that the Board of County Commissioners waive formal competitive bidding procedures, pursuant to and consistent with Florida Statutes �255.20(1)(c)(2), Section 5.03(D) of the Miami-Dade County Home Rule Charter, and Section 2-8.1(B) of the Code of Miami-Dade County to authorize the execution of a construction contract with MAC195 Engineering Corporation in the amount of $5,932,439.72 for the Homestead Bayfront Park Marina Fire Line Replacement project.

The Miami-Dade County Parks, Recreation and Open Spaces Department (PROS) operates Homestead Bayfront Park and Marina. This waiver is requested following the cancellation of a previously publicly advertised competitive solicitation for this project, which resulted in no responsive bids being received. Given the urgent need to replace the existing fire line system which is critical to the safe operation and code compliance of the marina, PROS has determined that proceeding through a traditional re-bid process presents a substantial risk of further delay without guaranteeing participation. The negotiated total amount is 10 percent higher than PROS� initial budget estimate; however, the overall cost remains within industry standards for similar projects. Engaging MAC195 Engineering Corporation, a qualified and experienced firm, will allow the County to advance this time-sensitive work without compromising safety, schedule, or operational continuity.

Recommendation
It is recommended that the Board, by a two-thirds vote of all members, approve a bid waiver award pursuant to Section 2-8.1 of the Miami-Dade County Code and Section 5.03(D) of the Home Rule Charter, to authorize 365 calendar-days Construction Contract No: 7016119005 between MAC195 Engineering Corporation for a not�to-exceed amount of $5,932,439.72 (Attachment 1).

Scope
The Homestead Bayfront Park Marina is located at 9698 SW 328th St, Homestead, FL 33033, within Commission District 9, which is represented by Vice Chairman Kionne L. McGhee.

Delegation of Authority
The authority of the County Mayor or County Mayor�s designee to execute and implement this contract is consistent with those authorities granted under the Code of Miami-Dade County.

Fiscal Impact/Funding Source
This contract is valued at $5,932,439.72 for a term of 365 calendar days. See table below for a breakdown and further details.

Base Contract Amount Contingency Amount
(Code Sec. 2-8.1) Dedicated Allowance
Amount Escalation Dedicated Allowance
$5,133,852.00 $513,385.20 $233,864.00 $51,338.52
Funding Sources: Homestead Bayfront Park Program Number 937020
� Construction Cost: $5,932,439.72 (FY 2025-26 Adopted Budget, Volume 2, Page 256)

Track Record/Monitor
The contract will be managed by the Parks, Recreation and Open Spaces Department and Jose Garcia, PROS Project Manager, will be responsible for monitoring and controlling contract performance and compliance.

Vendor Recommended for Award
The table below depicts a summary of the recommended prime consultant.
Vendor Name Principal Address Local Address Principal
MAC195 Engineering Corporation 3245 NE 184th ST Aventura, FL 33160 3245 NE 184th ST Aventura, FL 33160 Varela, Carlos E, President

Due Diligence
Pursuant to R-187-12, the Parks, Recreation and Open Spaces Department (PROS) conducted due diligence in accordance with SPD�s Procurement Guidelines to determine vendor responsibility including verifying corporate status and that no performance or compliance issues exist. The lists referenced included: Capital Improvements Information System, Small Business Development Division database, Sunbiz, Tax Collector�s Office, convicted vendors, debarred vendors, delinquent contractors, suspended vendors, and federal excluded parties list. Also examined as part of this due diligence: Florida Division of Business and Professional Regulation. There were no adverse findings relating to vendor responsibility.

Applicable Ordinances and Measures
The table below depicts various legislative policies, and whether they are applicable to this item.

Title Legislation Applicable
(Yes or No) Notations
Small Business Enterprise -Services County Code Section 2-8.1.1.1.1 No SBD recommended no Measure.
Small Business Enterprise -Goods County Code Section 2-8.1.1.1.2 No SBD recommended no Measure.
Responsible Wages County Code Section 2-11.16 No Does not apply.
Sea Level Rise Ordinance 14-79 Yes Pursuant to Miami-Dade County Ordinance 14-79, codified as 2-1, County Code, BCC Rule 5.09, all activity as a result of this contract, including building elevation, installation of mechanical and electrical systems, and building and infrastructure design plans shall consider sea level rise projections and potential impacts as best estimated at the time of the project.
Sustainable Buildings Measure Implementing Order 8-8 Yes All activity as a result of this contract shall comply with Chapter 2, Article I, Sec. 2-1, Rules 5.09 through 5.10, and Chapter 9, Article III, Sec. 9-71 through 9-75, of the Code of Miami-Dade County, along with Implementing Order 8-8. The project will obtain ENVISION Silver certification.
Office of Inspector General Fee County Code
Section 2-1076 Yes Included

Background
Miami-Dade County�s Homestead Bayfront Park and Marina is located next to the Biscayne National Park Headquarters. The fire line replacement scope includes, but it is not limited to the demolition of existing fire protection system and installing a new fire protection system as per the permitted plans and the project manual. MAC195 Engineering Corporation will submit shop drawing submittals addressing the permit #C2024083415 items to the owner for approval prior to construction start. Reviews could take up to six weeks.

The project was publicly advertised and competitively solicited; however, no bids were received. In light of the lack of response, the project was subsequently cancelled. To avoid further delays and advance the critical improvements associated with this project, PROS has evaluated the available procurement options and recommends that it is in the best interest of the County to waive the formal competitive bidding procedures. This approach will allow for direct negotiations with a qualified firm to begin work promptly, mitigating the risk of extended project delays that could result from re-advertising and receiving no responses again.

This project has a no measure SBE-G&S subcontractor goal; therefore, the Department of Small Business Development is not required to complete a compliance review. PROS performed the pre-award verifications, and the current low bidder complied with all applicable County Ordinances, and regulations. The impact of sea level rise has been considered in this project.

List of Attachments:
Attachment 1 � Homestead Bayfront Park Marina Construction Contract Agreement
Attachment 2 � RPQ Bid Form
Attachment 3 � Homestead Bayfront Park, Capital Budget Page
Attachment 4 � CIIS Evaluation Report
Attachment 5 � Previous Contract Listing
Attachment 6 � Due Diligence Report
Attachment 7 � Project Funding
Attachment 8 � SBE Project Worksheet
Attachment 9 � RTA Homestead Bayfront Park
Attachment 10 � Cancellation Notice

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Roy Coley
Chief Utilities and Regulatory Services Officer