Title
MOTION TO AWARD IFB # PSPW-25-03 "CHARTER SCHOOL STAIR REPLACEMENT - FSU & WEST CAMPUS" TO THE MOST RESPONSIVE/RESPONSIBLE BIDDER, BEJAR CONSTRUCTION, INC., IN THE AMOUNT NOT TO EXCEED $744,990.20, WHICH INCLUDES THE COST TO PROVIDE A PAYMENT AND PERFORMANCE BOND IN THE AMOUNT OF $13,400 AND AN OWNER'S CONTINGENCY IN THE AMOUNT OF $66,508.20
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 titled "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 February 5, 2025, the City Commission authorized the advertisement of IFB # PSPW-25-03 " Charter School Stair Replacement - FSU & West Campus", which was advertised on February 13, 2025.
2. The purpose of this solicitation was to seek proposals from qualified firms, hereinafter referred to as the Contractor, to complete the replacement of existing metal stairways with new concrete stairways located at the City of Pembroke Pines West Campus and FSU Charter School, in accordance with the terms, conditions, and specifications contained in this solicitation.”
3. On March 11, 2025, the City opened two (2) proposals from the following vendors, listed below in ascending order:
|
|
Base |
Payment & |
Total Cost |
|
|
Project |
Performance |
With |
|
Vendor |
Cost |
Bonds |
Bonds |
|
Maceda Contractors LLC |
$530,055.00 |
$21,202.00 |
$551,257.00 |
|
Bejar Construction, Inc. |
$665,082.00 |
$13,400.00 |
$678,482.00 |
4. The bid required vendors to provide a minimum of 3 references from the last five years and the reference should be capable of explaining and confirming the firm’s capacity to successfully complete the scope of work. Additionally, the references should provide specific examples of similar experience conducting licensed work of equal or similar scope of work, preferably delivered by the proposed team members.
Maceda Contractors, LLC submitted four references. However, after review, the Public Services Department determined that these references were insufficiently aligned with the current project's scope of work, which involves the construction of concrete stairs.
As a result, on March 25, 2025, the Procurement Department contacted Maceda Contractors, LLC to request additional references.
5. On April 10, 2025, the Public Services and Procurement Departments held a pre-award meeting with, Maceda Contractors, LLC, to discuss their bid submittal and their references.
During the meeting, the City raised several concerns regarding the project. Concerns included the inclusion of stair railings, aluminum mesh for the gate, and the stairway casing, as these elements were not clearly identified in the submitted schedule of values.
Additionally, there were also concerns regarding the allocation of sufficient personnel at each project site to ensure completion within the 96-day allowable timeframe. Maceda Contractors, LLC was also requested to provide a detailed “estimated work schedule,” outlining their planned approach to executing the project tasks. Lastly, it was emphasized that more relevant an up-to-date references were required, as the initial references submitted were either too old, or did not adequately reflect the scope of work for this project.
6. No additional references were provided so the Procurement Department conducted their due diligence with the provided references and e-mailed all four, asking for them to complete a “Reference Check Form”. The City only received a written response from City of Coconut Creek, which completed the requested Reference Check Form.
Furthermore, the Procurement Department followed up their emailed references check and called the references that had not responded. Only one reference mentioned Maceda Contractor LLC’s subcontractor worked on a concrete stairway, but the references indicated that Maceda Contractors, LLC. has not performed any vertical construction similar to the City’s stair replacement project.
After asking Maceda for references, a third time, Maceda responded saying “The references are what they are. You don’t forget how to build stairs after a certain number of years. Please deem us as unresponsive.”
7. After making a good-faith effort to assess whether Maceda Contractors, LLC. could be considered a "responsible" vendor as defined under Section 35.15 of the City's Procurement Code, the Public Services Department was unable to determine that the contractor possesses the necessary experience and capability to fully meet the contract requirements. After careful consideration, the Department has determined that Maceda Contractors, LLC is not a responsible vendor.
8. The Public Services Department reviewed the bid submitted by Bejar Construction, Inc. and was satisfied with the submittal, the references provided, and all the additional information requests made by the City as standard evaluation procedure.
In addition, Bejar Construction, Inc., has previously been awarded and successfully carried out the concrete stairway project for the Central Campus Charter School during the previous summer break in preparation for the 2024-2025 school year, and has proved to be able to handle this complex scope of work under a short time constraint.
9. Therefore, the Public Services Department deemed Bejar Construction, Inc. to be the most responsive/responsible bidder and is recommending moving forward with Bejar Construction, Inc., so that this project can be completed between June 4, 2025, and August 11, 2025, avoiding any disruptions to the City’s Charter School’s staff and student body.
10. In addition, Bejar Construction, Inc. has completed the Equal Benefits Certification Form and has stated that the "Contractor currently complies with the requirements of this section."
11. The Public Services Department is also requesting a 10% owner’s contingency in the amount of $66,508.20 for any unforeseen expenses related to this project. The owner’s contingency would help avoid possible delays that would impact meeting the tight time constraints of completing the project during summer break.
12. Request Commission to award IFB # PSPW-25-03 "Charter School Stair Replacement - FSU & West Campus” to the most responsive/responsible bidder, Bejar Construction, Inc., in the amount not to exceed $744,990.20, which includes the cost to provide a Payment and Performance Bond in the amount of $13,400, and an owner's contingency in the amount of $66,508.20.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: Amount not to exceed $744,990.20, which includes the cost to provide a Payment and Performance Bond in the amount of $13,400, and an owner's contingency in the amount of $66,508.20.
b) Amount budgeted for this item in Account No: Funds are available in Account # 001-519-6001-546155-0000-000-0000 (R&M - Land Bldg - SCH Major Proj)
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.