Title
MOTION TO AWARD IFB # PSEN-23-01 "JOHNSON STREET AND NW 202ND AVENUE REHABILITATION AND RESURFACING (SURTAX)" TO WEEKLEY ASPHALT PAVING, INC. IN THE AMOUNT NOT TO EXCEED $499,153.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinances is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.15 defines an Invitation for Bid as “A written solicitation for competitive sealed bids with the title, date and hour of the public bid opening designated therein and specifically defining the commodities or services for which bids are sought. The invitation for bid shall be used when the city is capable of specifically defining the scope of work for which a service is required or when the city is capable of establishing 15 precise specifications defining the actual commodities required. The invitation for bid shall include instructions to bidders, plans, drawings and specifications, if any, bid form and other required forms and documents to be submitted with the bid.”
- Section 35.18 of the City's Code of Ordinances is regarding "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(A) states, "A purchase of or contracts for commodities or services that is estimated by the Chief Procurement Officer to cost more than $25,000 shall be based on sealed competitive solicitations as determined by the Chief Procurement Officer, except as specifically provided herein."
- Section 35.19 of the City's Code of Ordinances is titled "SEALED COMPETITIVE BIDDING PROCEDURE."
- Section 35.19(A) states "All sealed competitive solicitations as defined in § 35.18 shall be presented to the City Commission for their consideration prior to advertisement."
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission Approval."
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
SUMMARY EXPLANATION AND BACKGROUND:
1. On November 6, 2018, Broward County voters approved a local one cent sales tax (Transportation Surtax), now referred to as Broward County's Mobility Advancement Program (MAP) to increase mobility and to address the many transportation challenges faced in our region. MAP uses the discretionary sales surtax to implement the 30-year plan to reduce traffic congestion, improve roads and bridges, enhance traffic light timing, develop safe sidewalks and bike paths, expand mass transit, fully fund special needs/on-demand services, fully fund community shuttles, connect multi-use paths, enhance school safety zones and fund a variety of city transportation projects.
2. On August 2, 2023, the City Commission authorized the advertisement the advertisement of IFB # PSEN-23-01 "Johnson Street and NW 202nd Avenue Rehabilitation and Resurfacing (Surtax)", which was advertised on August 8, 2023.
3. The purpose of this solicitation was to seek proposals from qualified firms to provide services for sidewalk addition, sidewalk ramp addition, modification, and complete milling and resurfacing at the following locations: 1) Johnson Street from NW 196th Avenue to NW 208th Avenue, and 2) NW 202nd Avenue from Pines Boulevard to Johnson Street.
4. Since IFB # PSEN-23-01 "Johnson Street and NW 202nd Avenue Rehabilitation and Resurfacing (Surtax)" is being funded by MAP, the City of Pembroke Pines and the awarded firm must follow Broward County's Office of Economic and Small Business Development (OESBD) requirements. As such, the awarded firm must utilize County Business Enterprise Program (CBE) firms to perform the assigned participation goal for this contract. OESBD has established a 13% CBE goal for this contract.
5. On September 12, 2023, the City opened four (4) proposals from the following vendors (listed in order from lowest to highest bid):
|
Vendor Name |
Total Cost |
|
Weekley Asphalt Paving, Inc |
$499,153.00 |
|
M&M Asphalt Maintenance Inc |
$698,911.00 |
|
The Paving Lady |
$703,562.98 |
|
Florida Blacktop, Inc |
$745,602.45 |
6. The Procurement Department provided copies of the bids to Broward County's OESBD for their initial portion of the evaluation. OESBD's purpose was to complete a compliance evaluation for the CBE program requirements. Weekley Asphalt Paving, Inc. and M&M Asphalt Maintenance submitted Letters of Intent (LOIs) that met the established 13% goal. Florida Blacktop, Inc. and The Paving Lady did not provide LOIs with their respective proposals. Permissible by MAP requirements, OESBD requested the LOIs from Florida Blacktop, Inc. and The Paving Lady with a timeline of three (3) business days upon request. Both vendors submitted the LOIs within the stipulated time frame and were therefore deemed compliant with the CBE Program requirements of the solicitation.
7. The Engineering Department and Procurement Department reviewed the bids received, and deemed Weekley Asphalt Paving, Inc. as the most responsive/responsible bidder.
8. MAP requires that the City enter into two (2) agreements; an Interlocal Agreement (ILA) between the City and Broward County for surtax compliance purposes (included in as a separate agenda item as Resolution # 2023-R-45), and this Construction Agreement between the City and Weekley Asphalt Paving, Inc., for the scope of work included in IFB # PSEN-23-01 "Johnson Street and NW 202nd Avenue Rehabilitation and Resurfacing (Surtax)". The approval of this Construction Agreement between the City and Weekley Asphalt Paving, Inc. is contingent upon City Commission approving Resolution # 2023-R-45 so that the City can receive the surtax funding for this project.
9. In addition, Weekley Asphalt Paving, Inc. has also completed the Equal Benefits Certification Form and has stated that the "Contractor currently complies with the requirements of this section."
10. Request City Commission to approve the award of IFB # PSEN-23-01 "Johnson Street and NW 202nd Avenue Rehabilitation and Resurfacing (Surtax)" to Weekley Asphalt Paving, Inc. in the amount not to exceed $499,153.
Reviewed by Commission Auditor.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $499,153, including $6,000 to for the Payment and Performance Bonds.
b) Amount budgeted for this item in Account No: Funds are available in Account # 100-541-6003-546164-0000-000-0000- (R&M Resurfacing). This contract will be funded by Broward County's MAP and the City will receive reimbursement from MAP for payment to the vendor. After approval, the Finance Department will create the appropriate accounts and budgets for reporting purposes, since this project involves Surtax Funding.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project: Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.