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HomeMy WebLinkAboutShiff Construction Bid ProtestSHIFT CONSTRUCTION . DEVELOPMENT April 22, 2019 180 SVV 6"' Street Pompano Beach, Florida 33060 t. (954) 524 2575 f: (954) 524 2576 CGC1509764 www.shiff.corn construction management development restoration . design build owner representation Mr. Mauricio Betancur, City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FI 33160 Re: Letter of Protest for Bid No. 19-01-01 Gateway Park Center Dear Mr. Betancur: APR 2 2 2010 C:W ®IF SWmyy Ask$ i8e: I offim atthe cav ow C In accordance with Chapter 62-15 of the City's Code of Ordinances, please accept this letter as Shiff Construction & Development, Inc.'s (Contractor) Bid Protest pursuant to Section 62-15 of the City Code regarding the City's Recommendation of Award to Nunez Contracting for Bid 19-01-01 Gateway Center. Relevant Facts to the Protest: Contractor submitted a bid of $5,622,818.75 for the Gateway Park Center project on March 13, 2019. 2. On March 13, 2019 there was a public bid opening at Sunny Isles Beach City Hall. There were five (5) bid submissions and Contractor was the lowest bidder. 3. On March 15, 2019, Justen Shiff, the President of Contractor, telephoned Ms. Genesis Cuevas, Purchasing Agent with the City, to discuss the bid submission. Subsequent to that phone call Justen Shiff sent an e-mail (attached "Item #1) to Ms. Cuevas at 3:28PM stating "as discussed if there's anything you need and/or missing please do not hesitate in contacting me"... 4. On March 15th, 2019 at 3:32 PM, Justen Shiff received an e-mail (attached "item #2) from Ms. Cuevas stating "May you provide me with 3 references, with their email address? As stated in Section 3." 5. On March 15, 2019 at 3:57 PM Justen Shiff sent email to Ms. Cuevas (attached Item #3) stating "Hello, please see below. I apologize if they were inadvertently omitted. Thank you." Justen Shiff provided references of (3) municipal clients who are similar to Sunny Isles in this e-mail. On March 15, 2019 at 4:09 PM Justen Shiff received email from Ms. Cuevas (attached Item #4) stating "Received, thank you." 7. Five (5) days later on March 20, 2019, Justen Shiff received email from Ms. Cuevas (attached Item #5) at 8:54AM asking to "confirm that the total construction cost on Page 1, includes the project mark-up on page V..." 8. On March 20, 2019 at 11:59 AM Justen Shiff responded (attached Item #6): ISHIFF, CONSTRUCTION . DEVELOPMENT "Good morning Genesis, yes, our bid of $5,622,818.75 is inclusive of all work including the project mark-up. When we reviewed sheet 3, we weren't completely sure how it should be filled out. Page 1 which we signed shows the total bid amount. As for the items listed with NIP, this was written because these items are not noted as "Additional" on the plans and are included in the base. Please see below clarification for each item. Please let me know if this clarifies or you should need anything additional. Thank you, Justen." 9. On March 20, 2019 at 12:25 PM Justen Shiff received email from Ms. Cuevas (attached Item #7) stating "Thank you". 10. On March 21, 2019 at 9:44AM Justen Shiff received email from Ms. Cuevas (attached Item #8) stating "Please confirm, that although left Blank, #3 loose furniture is included with the bid total." 11. On March 21, 2019 at 5:020M Justen Shiff responded (attached Item #9) "Yes, furniture is Item E10". 12. On April 17, 2019 at 12:13PM after the City received inquiries concerning the award of the bid from Justen Shiff received email (attached Item #10) from Ms. Cuevas stating " Mr. Shiff, Primarily, amongst other itemized requirements, Shiff Construction failed to submit the mandatory proposed project schedule for construction (Section 2.7, Section 2.4 and Section 3.4 of the bid) and financial statements (Section 3.9), thus, resulting in an unresponsive bid." Protest Contractor protests the City's determination that it was a non-responsive bidder. The City waived its ability to declare the Contractor's bid as non-responsive due to the failure to attach a Financial Statement or Project Schedule. The City's bid documents states that the City reserves the right to refect any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach (emphasis added). In this particular case, in accordance with the bid documents, the City waived the technical error of the failure to provide a Project Schedule and Financial Statement. Contractor admittedly inadvertently neglected to provide a Financial Statement and Project Schedule in its response to the Invitation to Bid. However, the City did not declare the Contractor's bid non-responsive and City did not request Contractor provides such documents as it is allowed to do. If the City intended to declare the Contractor's bid non-responsive for failure to include the Project Schedule and Financial Statement then that should have been done immediately upon the bid opening. Instead the City accepted the bid after opening and treated the bid as being responsive. After the bid opening the City took the affirmative steps of requesting that Contractor provide the three (3) references. The City also treated the Contractor's bid as being responsive by making further inquiry with the Contractor about the specifics of the bid and to confirm that the bid included the project mark up and other items. After receiving this information the City construction management I development I restoration I design + build I owner representation SHIFT CONSTRUCTION . DEVELOPMENT took further steps in evaluating the Contractor's bid by calling the Contractor's references and visiting several of the Contractor's listed job sites. If the Contractor's bid was non-responsive then the City should have never taken the steps of both making additional inquiries with Contractor, requesting that Contractor provide additional information, inquiring with Contractor's references and visiting the Contractor's job sites. By taking such steps the City affirmatively treated the Contractor's bid as being responsive and it waived the requirement for both a Project Schedule and Financial Statements. The City also acted in an arbitrary and capricious manner in the manner it evaluated whether or not the bid was responsive. Section 3.5 of the Invitation to Bid required that a bidder list references of similar type of projects. Rather than declaring the Contractor's bid non-responsive for failure to include references the City requested that Contractor supplement the submittal by sending the City references. Even though the City requested that the Contractor supplement the bid by providing references at no time did the City ask Contractor to provide a Project Schedule or Financial Statements.' The City could have easily taken the same action with regard to the Project Schedule' and Financial Statement requirement but it instead chose to remain silent on these items and it treated the Contractor's bid as being responsive. Asking and allowing the Contractor to supplement some information (references) while not even mentioning or allowing a supplement for other information (Project Schedule and Financial Statements) constitutes arbitrary and capricious action and voids the City's declaration of non -responsiveness or the award of the bid to another contractor. Conclusion The City waived the requirement that Contractor provide Financial Statements and a Project Schedule and thus the Contractor's bid was responsive to the Invitation to Bid. Contractor was the lowest bidder (and $830,000.00+ lower than City's Recommended Bidder) and showed that it had the requisite experience and financial resources to complete the job in a timely manner. As a result, Contractor should have been awarded the bid and City should award the bid for the Project to Contractor. Alternatively, due to the irregularities and arbitrary and capricious actions of the City Staff in deciding what was a responsive bid, allowing supplemental information to be provided on some criteria but not others, and in evaluating the bid responses the City should declare all bids void and re -bid the project. I look forward to hearing from you and the date of the formal hearing before the Special Master. If you have any questions or require any additional information please feel free to contact me. Sincer Jus S ff, President Shiff Construction & Development, Inc. ' It should be noted that Contractor, as required, did provide both a Bid Bond (and upon request a Performance Bond) which shows that it had the adequate financial resources to complete this project. Z The Invitation to Bid specifies the time to complete the work in Section 2.7, thereby making the project schedule superfluous. In addition the Contractor responded to question 11 in the forms required to be submitted which asked the Contractor how it intended to stay on schedule. construction management I development I restoration I design + build I owner representation [SHIFF I NSTRUCTIONa DEVELOPMENT JDS:yt Enclosures C: City Purchasing Department All Companies Submitting Bids Azulejo Inc. Com — 20200 West Dixie Hwy, #805A, Aventura, FL 33180 TGSV Enterprises, Inc. —1301 West 68th St Suite A, Hialeah, FL 33014 Nunez Construction — 6400 SW 62nd Avenue, South Miami, FL 33143 Emerald Construction —1211 Stirling Rd #106, Dania Beach, FL 33004 construction management I development I restoration I design + build I owner representation Justen Shiff t From: Justen Shiff Sent: Friday, March 15, 2019 3:28 PM To: purchasing@sibfl.net Subject: Gateway Project bid Genesis, it was good speaking with you. As discussed if there's anything you need and/or are missing please do not hesitate in contacting me. Thank you. Justen Justen Shiff Shiff I Construction I Development 954152412575 Commercial I Residential I Government sent via iPhone Outlook 365 rr m Justen Shiff From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Friday, March 15, 2019 3:32 PM To: Justen Shiff Subject: Invitation to Bid No. 19-01-01 Gateway Park Center Attachments: Invitation to Bid No. 19-01-01 Gateway Park Center.pdf Good Afternoon, May you provide me with 3 references, with their email address? As stated in Section 3. Thank you, TAank you and have a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Click here to view CURRENT BIDS PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E- MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business, Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Justen Shiff From: Justen Shiff Sent: Friday, March 15, 2019 3:57 PM To: Genesis Cuevas Subject: Re: Invitation to Bid No. 19-01-01 Gateway Park Center Hello please see below. I apologize if they were inadvertently omitted. Thank you Sabrina Baglieri- City of Miami Beach SabrinaBaglieri@miamibeachfl.gov Tammy Good- City of Pompano Beach tammy.goodl@copbfl.com David Samter- Broward County DSAMTER@broward.org Justen Shiff Shiff I Construction I Development 954152412575 Commercial I Residential I Government sent via Whone Outlook 365 From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Friday, March 15, 2019 3:35 PM To: Justen Shiff Subject: Invitation to Bid No. 19-01-01 Gateway Park Center Good Afternoon, May you provide me with 3 references, with their email address? As stated in Section 3. Thank you, Ttiavtk you and Aave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent i 2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Click here to view CURRENT BIDS 1 Elm Justen Shiff �y From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Friday, March 15, 2019 4:09 PM To: Justen Shiff Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Received, thank you! Thank you and lave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 305-792-1953 Gcuevas@sibfl.net Click here to view CURRENT BIDS From: Justen Shiff [mailto:jds@shiff.com] Sent: Friday, March 15, 2019 3:57 PM To: Genesis Cuevas <gcuevas@sibfl.net> Subject: Re: Invitation to Bid No. 19-01-01 Gateway Park Center Hello please see below. I apologize if they were inadvertently omitted. Thank you Sabrina Baglieri- City of Miami Beach SabrinaBaglieri@miamibeachfl.gov Tammy Good- City of Pompano Beach tammy.goodl@copbfl.com David Samter- Broward County DSAMTER@broward.org Justen Shiff Shiff I Construction I Development 954152412575 Commercial I Residential I Government sent via iPhone Outlook 365 From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Friday, March 15, 2019 3:35 PM To: Justen Shiff Subject: Invitation to Bid No. 19-01-01 Gateway Park Center 1 In Justen Shiff From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Wednesday, March 20, 2019 8:54 AM To: Justen Shiff Subject: Invitation to Bid No. 19-01-01 Gateway Park Center Attachments: Pages from Shiff.pdf Importance: High Good Morning, May you confirm that the total construction cost on page 1, includes the project mark-up on page 3? Page 3 of the attachment was left completely blank, please advise if your total includes these items on the Project Mark-Up Report page. Also, for the items stated "NIP" are these cost included in your total construction bid total? Ttiank you and Dave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas(@sibfi.net Click here to view CURRENT BIDS PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E- MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Justen Shiff From: Justen Shiff Sent: Wednesday, March 20, 2019 11:59 AM To: 'Genesis Cuevas' Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Good morning Genesis, yes, our bid of $5,622,818.75 is inclusive of all work including the project mark-up. When we reviewed sheet 3, we weren't completely sure how it should be filled out. Page 1 which we signed shows the total bid amount. As for the items listed with NIP, this was written because these items are not noted as "Additional" on the plans and are included in the base. Please see below clarification for each item. Please let me know if this clarifies or you should need anything additional. Thank you, Justen Construction Costs on Page 1 Includes Markup. Page 1,2 #12 Roof Work NIP - All roof patching included in proposal. No other specific roofing work Indicated in Plans #15 Additional HVAC to Existing IT Room — IT room FCU -2 / CU -2 included in Bid. Not Indicated as Additional in Plans Page 5 #8 Additional AV NIP - No additional AV Indicated in Plans. Bid reflects all AV listed in AV00-01 thru AV40-05 #9 Additional CCTV NIP — No additional CCTV Indicated in Plans. Bid reflects all CCTV listed in SE10-01 thru SE40-01 #12 Roof Work NIP - All roof patching included in proposal. No other specific roofing work Indicated in Plans #15 Additional HVAC to Existing IT Room NIP - IT room FCU -2 / CU -2 included in Bid. Not Indicated as Additional in Plans Page #12 #8 Additional AV NIP - No additional AV Indicated in Plans. Bid reflects all AV listed in AV00-01 thru AV40-05 #9 Additional CCTV NIP — No additional CCTV Indicated in Plans. Bid reflects all CCTV listed in SE10-01 thru SE40-01 #12 Roof Work NIP - All roof patching included in proposal. No other specific roofing work Indicated in Plans #15 Additional HVAC to Existing IT Room NIP - IT Room FCU -2 / CU -2 included in Bid. Not Indicated as Additional in Plans PLEAS -E NOTE OUR MEW ADDRESS Justen Shiff Shiff Construction & Development, Inc. CM@Risk I Design + Build I Owner's Rep 180 SW 6th Street Pompano Beach FI 33062 O 954.524.2575 1 F 954.524.2576 www.shiff.com ESH I F F, CONSTRUCTION « DEVELOPMENT Please consider the environment before printing this e-mail. From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Wednesday, March 20, 2019 8:54 AM To: Justen Shiff <jds@shiff.com> Justen Shiff From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Wednesday, March 20, 2019 12:25 PM To: Justen Shiff Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Thank you. Thank you and Aave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Click here to view CURRENT BIDS From: Justen Shiff [mailto:jds@shiff.com] Sent: Wednesday, March 20, 2019 11:59 AM To: Genesis Cuevas <gcuevas@sibfl.net> Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Good morning Genesis, yes, our bid of $5,622,818.75 is inclusive of all work including the project mark-up. When we reviewed sheet 3, we weren't completely sure how it should be filled out. Page 1 which we signed shows the total bid amount. As for the items listed with NIP, this was written because these items are not noted as "Additional" on the plans and are included in the base. Please see below clarification for each item. Please let me know if this clarifies or you should need anything additional. Thank you, Justen Construction Costs on Page 1 Includes Markup. Page 1,2 #12 Roof Work NIP - All roof patching included in proposal. No other specific roofing work Indicated in Plans #15 Additional HVAC to Existing IT Room — IT room FCU -2 / CU -2 included in Bid. Not Indicated as Additional in Plans Page 5 #8 Additional AV NIP - No additional AV Indicated in Plans. Bid reflects all AV listed in AV00-01 thru AV40-05 #9 Additional CCTV NIP — No additional CCTV Indicated in Plans. Bid reflects all CCTV listed in SE10-01 thru SE40-01 #12 Roof Work NIP - All roof patching included in proposal. No other specific roofing work Indicated in Plans #15 Additional HVAC to Existing IT Room NIP - IT room FCU -2 / CU -2 included in Bid. Not Indicated as Additional in Plans Page #12 #8 Additional AV NIP - No additional AV Indicated in Plans. Bid reflects all AV listed in AV00-01 thru AV40-05 #9 Additional CCTV NIP — No additional CCTV Indicated in Plans. Bid reflects all CCTV listed in SE10-01 thru SE40-01 #12 Roof Work NIP - All roof patching included in proposal. No other specific roofing work Indicated in Plans #15 Additional HVAC to Existing IT Room NIP - IT Room FCU -2 / CU -2 included in Bid. Not Indicated as Additional in Plans PLEASE NOTE OUR MEwADDRESS i Justen Shiff From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Thursday, March 21, 2019 4:54 PM To: Justen Shiff Subject: Invitation to Bid No. 19-01-01 Gateway Park Center Attachments: Pages from Shiff.pdf Importance: High Good Afternoon, Please confirm, that although left blank, #3 loose furniture is included with the bid total. 7-Aank you and lave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Click here to view CURRENT BIDS PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance, To find out more Click Here, Justen Shiff From: Justen Shiff Sent: Thursday, March 21, 2019 5:02 PM To: Genesis Cuevas Subject: Re: Invitation to Bid No. 19-01-01 Gateway Park Center Yes. Furniture is Item E10. Justen Shiff Shiff ( Construction I Development 95415242575 Commercial I Residential I Government sent via iPhone Outlook 365 From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Thursday, March 21, 2019 4:53:51 PM To: Justen Shiff Subject: Invitation to Bid No. 19-01-01 Gateway Park Center Good Afternoon, Please confirm, that although left blank, #3 loose furniture is included with the bid total. 77aank you and Aave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Click here to view CURRENT BIDS PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E- MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. Justen Shiff From: Justen Shiff Sent: Wednesday, April 03, 2019 9:45 AM To: Genesis Cuevas Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Hi Genesis, I'm checking in with on status of recommendation of award. Any info is appreciated. Thanks PL EASE NOTE OUR NEW ADDRESS Justen Shiff Shiff Construction & Development, Inc. CM@Risk I Design + Build I Owner's Rep 180 SW 61' Street Pompano Beach FI 33062 O 954.524.2575 I F 954.524.2576 www.shiff.com �t SHIFF, CONSTRUCTION +• DEVELOPMENT Please consider the environment before printing this e-mail. From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Thursday, March 21, 2019 4:54 PM To: Justen Shiff <jds@shiff.com> Subject: Invitation to Bid No. 19-01-01 Gateway Park Center Importance: High Good Afternoon, Please confirm, that although left blank, #3 loose furniture is included with the bid total. 7-Aank you and Gave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Click here to view CURRENT BIDS 4// Justen Shiff From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Wednesday, April 03, 2019 10:09 AM To: Justen Shiff Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Good Morning, The bids are still under review. Thank you, TAank you and Gave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Click here to view CURRENT BIDS From: Justen Shiff [mailto:jds@shiff.com] Sent: Wednesday, April 03, 2019 9:45 AM To: Genesis Cuevas <gcuevas@sibfl.net> Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Hi Genesis, I'm checking in with on status of recommendation of award. Any info is appreciated. Thanks PLEASE NOTE OUR NEW ADDRESS Justen Shiff Shiff Construction & Development, Inc. CM@Risk I Design + Build I Owner's Rep 180 SW 61" Street Pompano Beach FI 33062 O 954.524.2575 I F 954.524.2576 www.shiff.com 71 ESH I F F, CDN5TRUCTIDN * DEVELOPMENT Please consider the environment before printing this e-mail. 0 /2 Justen Shiff From: Justen Shiff Sent: Wednesday, April 17, 2019 8:09 AM To: 'Genesis Cuevas' Cc: Jacob Pfeffer Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Good morning Genesis. Just checking in to see if there any updates. If there are any issues, questions, or anything you need let me know. If you want visit other interior build -outs I can arrange that as well. We recently completed interior renovations for several clients at DCOTA (Design center of America) and could arrange walk-throughs if necessary. Thank you, Justen PLEASE /VOTE OUR NEW A®®RESS Justen Shiff Shiff Construction & Development, Inc. CM@Risk I Design + Build I Owner's Rep 180 SW 611 Street Pompano Beach FI 33062 0 954.524.2575 I F 954.524.2576 www.shiff.com 71 [SHIFF, CONSTRUCTION r DEVELOPMENT Please consider the environment before printing this e-mail. From: Justen Shiff Sent: Wednesday, April 03, 2019 10:45 AM To: 'Genesis Cuevas' <gcuevas@sibfl.net> Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Thank you PLEASE NOTE OUR NEW AIDDRE.SS Justen Shiff Shiff Construction & Development, Inc. CM@Risk I Design + Build I Owner's Rep 180 SW 61h Street Pompano Beach FI 33062 0 954.524.2575 I F 954.524.2576 www.shiff.com r� Justen Shiff From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Wednesday, April 17, 2019 10:42 AM To: Justen Shiff Cc: Jacob Pfeffer Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Attachments: Notice of Recommendation for Award Invitation to Bid No. 19-01-01 Gatewa.... pdf Good Morning Mr. Shiff, Please see attached notice that was posted on DemandStar. 7xank you and Aave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 305-792-1953 GcuevasPsibfLnet Click here to view CURRENT BILIS From: Justen Shiff [mailto:jds@shiff.com] Sent: Wednesday, April 17, 2019 8:09 AM To: Genesis Cuevas <gcuevas@sibfl.net> Cc: Jacob Pfeffer <jacob@shiff.com> Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Good morning Genesis. Just checking in to see if there any updates. If there are any issues, questions, or anything you need let me know. If you want visit other interior build -outs I can arrange that as well. We recently completed interior renovations for several clients at DCOTA (Design center of America) and could arrange walk-throughs if necessary. Thank you, Justen PLEASE NOTE OUR NEW ADDRESS Justen Shiff Shiff Construction & Development, Inc. CM@Risk I Design + Build I Owner's Rep 180 SW 61h Street Pompano Beach FI 33062 O 954.524.2575 I F 954.524.2576 www.shiff.com ovy Justen Shiff From: Justen Shiff Sent: Wednesday, April 17, 2019 10:47 AM To: Genesis Cuevas Cc: Jacob Pfeffer Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Good morning. I am confused. Nunez Builders was more than $830,000 more than my bid and the second to highest bid. Please let me know the steps to protest this bid award request. Thank you PLEASE !VOTE OUR NEW ADDRESS Justen Shiff Shiff Construction & Development, Inc. CM@Risk I Design + Build I owner's Rep 180 SW 6"' Street Pompano Beach FI 33062 O 954.524.2575 I F 954.524.2576 www.shiff.com ESH: I F F, 77m CONSTRUCTION + DEVELOPMENT Please consider the environment before printing this e-mail. From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Wednesday, April 17, 2019 10:42 AM To: Justen Shiff <jds@shiff.com> Cc: Jacob Pfeffer <jacob@shiff.com> Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Good Morning Mr. Shiff, Please see attached notice that was posted on DemandStar. 7-Aank you and Aave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent i City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Justen Shiff From: Genesis Cuevas <gcuevas@sibfl.net> Sent: Wednesday, April 17, 2019 11:39 AM To: Justen Shiff Cc: Jacob Pfeffer Subject: RE: Invitation to Bid No. 19-01-01 Gateway Park Center Attachments: Invitation to Bid No. 19-01-01 Gateway Park Center.pdf Mr. Shiff, Primarily, amongst other itemized requirements, Shiff Construction failed to submit the mandatory proposed project schedule for construction (Section 2.7, Section 2.4 and Section 3.4 of the bid) and financial statements (Section 3.9), thus, resulting in an unresponsive bid. If Shiff Construction wishes to proceed with filing a protest, please refer to Section 62-15 of the Code of Ordinances — https://Iibrary.municode.com/fl/sunny isles beach/codes/code of ordinances?nodeld=PAI CH62PU TAank you and Dave a lovely day, Genesis Cuevas, MPA, CPPB Purchasing Agent r City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 3316o 305-792-1953 Gcuevas@sibfl.net Click here to view CURRENT BIDS From: Justen Shiff [mailto:jds@shiff.com] Sent: Wednesday, April 17, 2019 10:47 AM To: Genesis Cuevas <gcuevas@sibfl.net> Cc: Jacob Pfeffer <jacob@shiff.com> Subject: RE: Invitation to Bid No, 19-01-01 Gateway Park Center Good morning. I am confused. Nunez Builders was more than $830,000 more than my bid and the second to highest bid. Please let me know the steps to protest this bid award request. Thank you PLEASE (VOTE OUR NEW ADDRESS Justen Shiff Shiff Construction & Development, Inc. CM@Risk I Design + Build I Owner's Rep 180 SW 61" Street Pompano Beach FI 33062 O 954.524.2575 ( F 954.524.2576 www.shiff.com Section 2 Special Terms and Conditions 2.1 PURPOSE OF BID The City of Sunny Isles Beach, Florida (the "City" or "Owner") a municipality located on a barrier island in Northeast Miami -Dade County, Florida, seeks to secure a contract with a licensed contractor ("Contractor") to furnish all labor, material, supplies, equipment, transportation, etc. to provide construction and infrastructure improvements per the plans and specifications to the existing municipal building, Gateway Park. Gateway Park is located at 151 Sunny Isles Blvd, Sunny Isles Beach, FL 33160. The Gateway Park renovations are intended to result in a Community Center. The indoor facility will include, but not limited to office space, reception area, multi-purpose rooms that can accommodate classes, meetings, banquets, and an indoor stage, a catering kitchen, arts & crafts space, restrooms, and storage area, totaling approximately 17,039 square feet. Time is of the essence for the performance of this work. The intention of the Community Center is to promote the City and provide a destination for residents and visitors alike. The Contractor by submitting a bid hereby declares that it has extensive experience in successfully completing projects similar to this one. 2.2 AGENT FOR OWNER Perkins+Will, the Consulting Architect, shall serve as agent for The City of Sunny Isles Beach in all matters pertaining to the work on this project. No changes in the work or extra charges to the Contract are effective until recommended by the Architect and approved by the Owner in the form of a written change order. 2.3 NON -MANDATORY PRE-BID CONFERENCE AND ADDENDUMS A pre-bid conference will be held on Tuesday, February 5, 2019 at 1:00 PM at Sunny Isles Beach Government Center, 18070 Collins Avenue, Sunny Isles Beach, FL 33160, 1St Floor Conference Room to discuss the special conditions and specifications included within this solicitation. Bidders are requested to bring this solicitation document to the conference, as additional copies may not be available. A site walk-thru will be conducted immediately following the pre-bid conference to allow bidders to gain familiarity with the site and the existing infrastructure. 2.4 METHOD OF AWARD The term "lowest responsible and responsive Bidder" as used herein shall mean the Bidder whose bid is the lowest of those Bidders possessing the skill, ability and integrity necessary for the faithful performance of the work, whose bid best serves the interests of and represents the best value to the City, as determined by the City Commission and/or the City Manager. The bidder will also be evaluated as part of their "responsible" on their quality control plan, safety plan and proposed project schedule. City of Sunny Isles Beach I Invitation to Bid No. GATEWAY PARK CENTER 19-01-01 1 Ft.. The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to award to a secondary vendor without violating the intent of this ITB or any Contract awarded. 2.5 MINIMUM QUALIFICATIONS OF BIDDER A Bidder will be required to show, to the complete satisfaction of the Owner, that they have the necessary facilities, equipment, ability, labor and financial resources to perform the work in a satisfactory manner, within the time specified. No contract will be awarded except to a responsible contractor and businesses capable of performing the class of work requested. The Contractor must be in business for at least 10 years, and fully completed three (3) construction projects of a similar nature and a minimum contract value of five hundred thousand ($500,000) dollars or larger. The Contractor must hold active Florida licenses and certifications necessary to provide all the contractual services being performed / provided by the Contractor as described in the Contract. 2.6 DISQUALIFICATION OF BIDDERS A Bidder may be disqualified temporarily or permanently and his/her bid(s) rejected for, poor performance or default, in the City's opinion, on previous contracts with the City. Poor performance or default, in the City's opinion, on previous contracts with other public entities. Insufficient financial or company size, in the City's opinion, to perform the requirements of the contract. 2.7 CONTRACT TERM The final completion for this project shall occur no later than three hundred and five (305) consecutive calendar days from date of issuance of the Notice to Proceed (NTP). The contractor must consider that within the project term stated on the NTP by the City, the Contractor must obtain all necessary building permits, perform the work and pass the required building permit(s) for final inspection. The City may adjust this contract term if it is deemed in the City's best interest. Upon review of the plans, the contractor shall submit a proposed a schedule for construction, meeting or exceeding the City's expectations of project completion stated above. If Contractor shall be delayed in the work by the acts or neglect of Owner, or its employees or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner may decide. This provision does not exclude the recovery of damages for delay by either party under other provisions. 2.8 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract or any approved extension of time the Contractor may be granted by the City Manager. The Contractor will be notified in writing of any approved exceptions or extensions by the City City of Sunny Isles Beach I Invitation to Bid No. GATEWAY PARK CENTER 19-01-01 LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified GATEWAY PARK CENTER Invitation to Bid No. 19-01-01 The Bid Specifications for this ITB are available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach — Office of the City Clerk. Bidders who obtain the Bid Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar to all Bidders who are listed as Planholders by the date specified on page one of this bid. The City may not accept incomplete Bids. Bids shall be on a lump sum basis; segregated Bids will not be accepted. Sealed Bids will be received by the City Clerk no later than 2:30 PM, on Friday, March 8, 2019 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 41h floor, Sunny Isles Beach, Florida, 33160. Bids received after this time will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will be opened publicly and read aloud at this time. The envelope containing the sealed Bid must be clearly marked: Bid No. 19-01-01 GATEWAY PARK CENTER OPENING DATE AND TIME: Friday, March 8, 2019 at 2:30 PM �-- The City reserves: the right to reject any or all Bids, with or without cause, to waive technical errors and .� informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the City in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. A Non -Mandatory Pre -Bid Conference for all potential bidders is set for 1:00 PM on Tuesday, February 5, 2019 at the 1St floor Conference Room at the City of Sunny Isles Beach Government Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. All questions regarding Invitation to Bid No. 19-01-01 shall be directed in writing to Mauricio Betancur, CMC, City Clerk, in accordance with the timeframe specified above. Questions may be submitted via email to: MBetancur(�bsibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals, or sinal replies, whichever is earlier. Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach City of Sunny Isles Beach I Invitation to Bid No. GATEWAY PARK CENTER 19-01-01