Title
MOTION TO AWARD IFB # PSPW-20-02 "REPLACEMENT OF WINDOWS AND DOORS FOR THE HAZARD MITIGATION GRANT", IN THE BEST INTEREST OF THE CITY, TO CONTRACTING & CONSULTING, INC., IN THE AMOUNT NOT TO EXCEED $823,386.03, WHICH INCLUDES A 10% OWNER’S CONTINGENCY IN THE AMOUNT OF $72,866.02 AND A 3% PERMIT ALLOWANCE IN THE AMOUNT OF $21,859.81, PURSUANT TO SECTION 35.18(C)(8) OF THE CITY'S CODE OF ORDINANCES.
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(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 35.18(C)(8) states, "Best interest of the city. Purchases of and contracts for commodities or services are exempt from this section when the City Commission declares by a simple majority affirmative vote that the process of competitive bidding and competitive proposals is not in the best interest of the city. The City Commission shall make specific factual findings that support its determination, and such contracts may be placed on the City Commission consent agenda."
- 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(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 April 17, 2019, the City Commission accepted the Grant Agreement between the Federal Emergency Management Agency (FEMA), The Florida Division of Emergency Management (FDEM) and the City of Pembroke Pines for a total of $3,556,068 for the Hazard Mitigation Grant Program:
2. FEMA provides up to 75% of the funds for mitigation projects, while the City will provide the remaining 25%:
|
Project |
Federal Fund |
City Match |
Total |
|
Description |
75% |
25% |
Project |
|
11-R: Fire Station 79 Hardening, Wind Retrofit & Generator |
$320,377.50 |
$106,792.50 |
$427,170 |
|
12-R: Fire Station 99 Hardening, Wind Retrofit & Generator |
$314,370.00 |
$104,790.00 |
$419,160 |
|
16-R: Fire Station 101-911 Call Center Hardening, Generator |
$320,215.50 |
$106,738.50 |
$426,954 |
|
13-R: West PD Hardening, Wind Retrofit & Generator |
$332,887.50 |
$110,962.50 |
$443,850 |
|
15-R: Fire Station 33 Hardening, Wind Retrofit & Generator |
$319,837.50 |
$106,612.50 |
$426,450 |
|
17-R: Fire Station 89 Hardening, Wind Retrofit & Generator |
$152,820.00 |
$60,940.00 |
$213,760 |
|
21-R: Fire Station 69 Hardening, Wind Retrofit & Generator |
$237,060.00 |
$79,020.00 |
$316,080 |
|
34-R: Generator at Academic Village West |
$779,250.00 |
$259,750.00 |
$1,039,000 |
|
68-R: City Hall Kitchen & Great Hall Comfort Station, Generator |
$779,250.00 |
$259,750.00 |
$1,039,000 |
|
TOTAL: |
$3,556,068.00 |
$1,195,356.00 |
$4,751,424 |
3. On December 4, 2019, the City Commission approved the advertisement of IFB # PSPW-19-13, “Replacement of Windows and Doors for the Hazard Mitigation Grant”, which was advertised on December 10, 2019.
4. The purpose of this solicitation was for the replacement of exterior windows, pedestrian doors and roll up bay doors at various City locations as a part of the Hazard Mitigation Grant Program.
5. On January 21, 2020 the City received one bid which the cost was about $1,000,000 over the estimated cost, which caused the Public Services Department to deem that there was an inadequate amount of competition and requested that the project be re-bid.
6. On April 15, 2020, the City Commission approved to reject all bids for IFB # PSPW-19-13 “Replacement of Windows and Doors for the Hazard Mitigation Grant”, and authorized the advertisement of IFB # PSPW-20-02 “Replacement of Windows and Doors for the Hazard Mitigation Grant”, which was advertised on April 21, 2020.
7. On June 9, 2020, the City opened three (3) bids from the following vendor:
|
Vendor Name |
Total Cost w/ P&P Bond |
|
Coast To Coast Garage Door* |
$353,252.55 |
|
Contracting & Consulting, Inc. |
$728,660.20 |
|
M&J Consulting Group Corp |
$795,906.75 |
*Partial Bid
8. Coast to Coast Garage Door only submitted a partial bid, so the Public Services Department is recommending to award the lowest overall vendor who submitted pricing for all line items, Contracting & Consulting, Inc. pursuant to section 35.18(C)(8) "Best Interest of the City".
9. Below are the factual findings:
- This project previously went out to bid as IFB # PSPW-19-13 “Replacement of Windows and Doors for the Hazard Mitigation Grant”, but only one bid was received and the cost was much more than was estimated. City Commission approved to reject all bids, and re-bid the project as IFB # PSPW-20-02 “Replacement of Windows and Doors for the Hazard Mitigation Grant”.
- Contracting & Consulting, Inc., the lowest overall vendor who submitted pricing for all line items, failed to submit the required 5% Bid Security Bond.
- Each individual site came in at a cost under $200,000, if they were to have been bid out separately no Bid Security Bond would have been required.
- M&J Consulting Group Corp., the second lowest overall vendor who submitted pricing for all line items, also failed to submit the required 5% Bid Security Bond.
- The City will run the risk of losing the grant funding for this project if it is not completed by October 31, 2020, and that deadline can not be met if the project must be re-bid.
- The Public Services Department is requesting Commission to waive the Bid Security Bond requirement, and to award Contracting & Consulting, Inc. in the Best Interest of the City.
10. In addition, Contracting & Consulting, Inc. has also completed the Equal Benefits Certification Form and has stated that "Contractor currently complies with the requirements of this section".
11. The Public Services Department would like to add a 10% owner’s contingency to the project to cover any additional services needed along with a 3% permit allowance which will increase the total cost from $728,660.20 to $823,386.03
12. Request Commission to award PSPW-20-02 “Replacement of Windows and Doors for the Hazard Mitigation Grant”, to the most responsive/responsible bidder, Contracting & Consulting, Inc. in the amount not to exceed $823,386.03, which includes a 10% owner’s contingency of $72,866.02 and a 3% permit allowance in the amount of $21,859.81.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $823,386.03, which includes a 10% owner’s contingency of $72,866.02 and a 3% permit allowance in the amount of $21,859.81.
b) Amount budgeted for this item in Account No: The amounts listed below include the 75% Federal Funding portion and that City’s 25% match:
|
Project Number |
Project Location |
Account Code |
Cost |
|
4337-11-R |
Fire Station 79 |
1-4003-4337-529-62009 |
$ 135,181.67 |
|
4337-12-R |
Fire Station 99 |
1-4003-4337-529-62026 |
$ 126,133.43 |
|
4337-13-R |
West Police Department |
1-3001-4337-529-62053 |
$ 97,584.88 |
|
4337-15-R |
Fire Station 33 |
1-4003-4337-529-62012 |
$ 133,886.75 |
|
4337-21-R |
Fire Station 69 |
1-4003-4337-529-62016 |
$ 219,137.43 |
|
4337-17-R |
Fire Station 89 |
1-4003-4337-529-62018 |
$ 111,461.87 |
|
|
|
Total: |
$ 823,386.03 |
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.