HEADER
Date: June 3, 2008
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To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners
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From: George M. Burgess
County Manager

Subject: Contract Award Recommendation in the Amount of $2,640,263.23 between Horsepower Electric, Inc. and Miami-Dade County for Street Lighting Repair and Maintenance Contract - Countywide (Project No: 20070656; Contract No: 20070656)

STAFF RECOMMENDATION
Recommendation
This Recommendation to Award Construction Contract No. 20070656 has been prepared by the Public Works Department (PWD) and is recommended for approval.

Delegation of Authority - The authority of the Mayor/County Manager to execute and implement this contract is consistent with those authorities granted under the Code of Miami-Dade County.� Additional delegation of authorities requested for this contract are as follows:
No additional authority is being requested within the body of this contract.

Scope
PROJECT NAME: Street Lighting Repair and Maintenance Contract - Countywide

PROJECT NO: 20070656

CONTRACT NO: 20070656

PROJECT DESCRIPTION: The work under this contract consists of, but is not limited to, furnishing all supervision, labor, required materials, equipment and tools for maintaining and repairing roadway lighting through-out Miami-Dade County (MDC). Work includes the repair and replacement of light poles complete with conductors in conduit, pull boxes, load center and the removal of any existing system including any ancillary work necessary to complete the work.

PROJECT LOCATION: Countywide

PRIMARY COMMISSION DISTRICT: Various Districts �

APPROVAL PATH: Board of County Commissioners

USING DEPARTMENT: Public Works Department

MANAGING DEPARTMENT: Public Works Department

Fiscal Impact / Funding Source

ANNUAL OPERATION AND MAINTENANCE COSTS:This contract will be utilized for street lighting repair and maintenance throughout Miami-Dade County; therefore, the annual maintenance and operation costs are not associated with this contract.�

LIFE EXPECTANCY OF ASSET: There is no new construction; therefore, life expectancy is not applicable.

FUNDING SOURCE:
SOURCE
Secondary Gas Tax (SGT) and FDOT Funds. Any other applicable funding sources may subsidize this contract. AMOUNT
$2,640,263.23
PTP FUNDING: No

GOB FUNDING: No

CAPITAL BUDGET AWARD
PROJECTS: BUDGET PROJECT / DESCRIPTION ESTIMATE
6031231-STREET LIGHTING MAINTENANCE $2,640,263.23
Book Page: 113 ��� Funding Year: Adopted Capital
Budget Book for FY 2007-08, Prior Years' funds.
(The total available funding from prior years is
$3 mil.: $1.7 mil. from SGT and $1.3 mil. from FDOT).�

Project Totals: $2,640,263.23

BID PACKAGES ISSUED: 9

BIDS RECEIVED: 4

CONTRACT PERIOD: 545 Days. The RTA was approved with an estimated contract period of 1095 days. Addendum No. 1, issued on January 3, 2008 amended it to 545 calendar days.

CONTINGENCY PERIOD: 54 Days. �

IG FEE INCLUDED IN BASE CONTRACT: Yes

ART IN PUBLIC PLACES: No

BASE ESTIMATE: $6,186,607.14

BASE CONTRACT AMOUNT: $2,334,163.60

CONTINGENCY ALLOWANCE TYPE PERCENT AMOUNT COMMENT
ALLOWANCE
(Section 2-8.1
MIAMI-DADE
COUNTY CODE): Infrastructure 10% $233,416.36

PERMIT FEES: $1,000.00 0.04% ��

MAINTENANCE OF
TRAFFIC: $46,683.27 0.00%

OFF-DUTY LAW
ENFORCEMENT $25,000.00 0.94%
OFFICER:

TOTAL DEDICATED
ALLOWANCE: $72,683.27

TOTAL AMOUNT: $2,640,263.23

Track Record / Monitor

SBD HISTORY OF VIOLATIONS:� Yes � Report Attached. One open violation; however, the contractor has submitted plan to SBD.

EXPLANATION: During the advertisement phase the contract period was reduced from 1095 to 545 calendar days. As a result, the Engineer's cost estimate changed significantly. The cost estimate was prepared by the number of lights installed per month. The contract award is primarily based on one line item (L-715-69), which represents the cost per light, per month for maintenance and repair. The County's price estimate for this item was $8.00. The rest of the items were listed as optional items that may or may not be utilized throughout the duration of the contract.

On January 16, 2008, four (4) engineering firms proffered bids for the referenced project. The lowest bidder, Horsepower Electric, Inc., proffered a bid of $6.49, 19% below the County's cost estimate. The second lowest bids was submitted by Under Power Corp. and Republic ITS, Inc., both proffered a bid of $7.45, 15% over the lowest bidder. The third lowest bidder, Enterprise Electrical Contracting, Inc., proffered a bid of $11.79, 58% over the second lowest bidders. Therefore, PWD recommends that Horsepower Electric, Inc., the lowest responsive, responsible bidder, be awarded the subject contract for the sum of $2,640,263.23.

The contractor, Horsepower Electric, Inc., is currently performing work for PWD at a satisfactory level as reported by the Project Manager. PWD has reviewed the Office of Capital Improvements (OCI) database and found twelve (12) awarded construction contracts all from PWD. The referenced database also lists a total of four (4) contractor performance evaluations with a total performance rating of satisfactory (3.0).

�Horsepower Electric, Inc. and Affiliates were debarred and excluded from contracting with Miami-Dade County (i.e., bidding and being awarded any contract) for a period of eighteen (18) months from June 15, 2005 through December 31, 2006.� The named affiliates are Hector P. Ortiz, Hector M. Ortiz and Pios and Sons Enterprises, Inc. The debarment expired on December 31, 2006 which makes this firm eligible to bid on and receive awards unless some other issue is identified which impacts the determination of being a responsible bidder.�

During the review process it was noted that Horsepower Electric, Inc. appeared on the Small Business Department (SBD) goal deficit report. PWD contacted SBD and they advised that even though there is no work available for CSBE's to perform, a make-up plan was still needed. On February 5, 2008, PWD sent the contractor a letter advising them to contact SBD and submit to them a make-up plan in order to be eligible for an award recommendation. This plan was reviewed and approved by SBD. The plan will allow Horsepower Electric, Inc. to make-up the goal ($39,583.38) on a Miami-Dade Transit RPQ No. MDT 74603 - CICC 7360-0/07 project entitled South Miami-Dade Busway (Phase 1) Safety Improvements awarded on February 13, 2008.

The reference project was scheduled for the March 11, 2008 Governmental Operations & Environment Committee (GOEC); however, on March 4, 2008 a bid protest was filed with the Clerk of the Board (COB) by the contractor, Under Power Corp. on the reference project. On April 10, 2008 the bid protest was withdrawn by Under Power Corp.

Following PWD's standard operating procedures, after award of this contract, a pre-construction meeting will be scheduled. Following completion of the award process, the project will be assigned to Mr. Garfield Perry, Project Manager, for day to day responsibilities.

BID OPEN DATE: 1/16/2008

BID BOND EXPIRES: 6/16/2008

BID VALID UNTIL: 6/16/2008

ESTIMATED NOTICE TO PROCEED: 7/1/2008

PRIME CONTRACTOR: Horsepower Electric, Inc.

COMPANY PRINCIPAL: Hector P., Linda and Humberto Ortiz

COMPANY QUALIFIERS: Hector Ortiz

COMPANY EMAIL ADDRESS: [email protected]

COMPANY STREET ADDRESS: 8105 West 20 Avenue

COMPANY CITY-STATE-ZIP: Hialeah, Florida 33014

YEARS IN BUSINESS: 23 years

PREVIOUS EXPERIENCE WITH COUNTY IN THE LAST FIVE YEARS: Six (6) contracts totaling $6,137,755 (As per SBD Firm History Report).

SUBCONTRACTORS AND SUPPLIERS (SECTION 10-34 MIAMI DADE COUNTY CODE): Mercedes Electric Supply, Inc.

MINIMUM QUALIFICATIONS EXCEED LEGAL REQUIREMENTS: No

STANDARD PAYMENT AND PERFORMANCE BOND: Yes

REVIEW COMMITTEE: MEETING DATE: 9/26/2007� SIGNOFF DATE: 9/26/2007 �

RESPONSIBLE WAGES: Yes

REVIEW COMMITTEE
ASSIGNED CONTRACT
MEASURES: MEASURE GOAL COMMENT
CSBE 0.00% No measures
CWF 0.00% If a work order issued under this project is determined to be located within a Designated target Area (DTA), it is subject to Community Workforce (CWP) goals. As such, each work order will be required to be presented to the Review Committee for the application of a CWP goal recommendation.

MANDATORY CLEARING HOUSE: Yes

CONTRACT MANAGER NAME/PHONE/EMAIL: Michael Moore (305) 375-2930 [email protected]

PROJECT MANAGER NAME/PHONE/EMAIL: Garfield Perry (305) 592-3580 [email protected]
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MANAGER'S BACKGROUND
BACKGROUND: This project is needed in order to maintain the street lighting system throughout MDC which includes response to emergency and life threatening situations and repairs to the existing lighting system. The street lighting repair and maintenance contract is needed in order to enhance the level of service MDC provides to the community.