03-06-07 Item 6South Miami
AID- ameMcac"
CITY OF SOUTH MIAMI ' 11111
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: W. Ajibola Balogun, REM, CFEA, Director
Public Works & Engineering Department
Date: March 6, 2007 Agenda Item No.:
Subject: Construction Contract with AA Engineering Services, Inc. for the stabilization of
Broad Canal shoreline.
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING4 THE CITY
MANAGER TO EXECUTE A CONTRACT WITH AA ENGINEERING
SERVICES, INC. FOR BROAD CANAL SHORELINE STABILIZATION IN
AN AMOUNT OF $348,000.00 TO BE CHARGED TO GRANT ACCOUNT
NUMBERS 106 - 1713 -536 -3450 AND 106 - 1727 - 536 -6550; PROVIDING
FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to execute construction agreement with AA
Engineering Services, Inc. for the stabilization of Broad Canal shoreline in an
amount of $348,000.00.
Reason /Need: To repair the Broad Canal shorelines as a result of damages sustained
during Hurricane Wilma. The construction bid was advertised on January
12, 2007 and the submitted bids were opened on Friday, February 16,
2007. Since the bid opening, the engineer of record has tabulated the
bids, reviewed and evaluated all bids, verified bid bond and discussed the
project with the lowest responsible bidder (AA Engineering Services, Inc.)
to make sure the scope of work is clearly understood a;' designed and
specified. Attached is the bid tabulation with the list of all bids submitted.
Cost:
$348,000.00
Funding Source: U.S. Department of Agriculture, Natural Resource Conservation Service
Grant Account No. 106- 1713 - 536 -3450 will fund 50% of the project cost
and 50% will be funded by Florida Department of Environmental
Protection Grant Account No.: 106 - 1727- 536 -6550.
Backup Documentation:
mi
■
Proposed Resolution
Bid Opening Report
Tabulated Bids
Certified Advertised Notice of Bid Invitation
Copy of Section 00500 (Contract) of the Project Manual
d
RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH AA ENGINEERING SERVICES, INC. FOR
BROAD CANAL SHORELINE STABILIZATION IN AN AM08NT OF
$348,000.00 TO BE CHARGED TO GRANT ACCOUNT NUMBERS 106 -1713-
536 -3450 AND 106- 1727 - 536 -6550; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City commission wishes to stabilize the Broad Canal shoreline, and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute a
construction contract with AA Engineering Services, Inc. for the Broad Canal Shoreline Stabilization
project for an amount of $348,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That the Mayor and City Commission authorize the City Manager to execute
construction contract with AA Engineering Services, Inc. for the Broad Canal Shoreline Stabilization
project for an amount of $348,000.00.
Section 2: That the project's construction cost shall be charged to account numbers 106 -1713-
536 -3450 and 106 - 1727 - 536 -6550 with account balances of $713,767 and $800,000, respectively.
Section 3. The attached agreement is made a part of the resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
Include File Name and Path
day of , 2007.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
4
BID OPENING REPORT
• INCORPORATED •
1927
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Bids were opened on: Friday, February 16 2007 at: 3:05nm
For: Broad Canal Shoreline Stabilization Project ( CI07 -0216)
CONTRACTORS: BID AMOUNTS:
1.
Stiles Landscape
No g(-�>
2.
Adventure. G.i Vi (-c tit W `N —1 AL
3.
Development & Communication Group of Florida
j (�
4.
Arbor Tree & Land, Inc.
r22 000
5.
AA Engineering Services, Inc.
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6.
Central Florida Equipment Rentals
Iv o &D
7.
Marks Brothers Inc.
(jo 61 D
8.
Palm Beach Marine Construction
�i Q 61 D
9.
Shoreline Foundation, Inc.
N 0 611 D
10.
Metro Equipment Service
11.
T. J. Pavement Corp.
N o bit)
12.
Predroba Marine
tJ o j 1
13.
THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED.
THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY
REVIEWED.
City Clerk's,Sign:^ --2= =i- 5r""`�Y Witness: ✓''
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
BID NO. C107 -0216 BROAD CANAL SHORELINE, ETC,
in the XXXX Court,
was published in said newspaper in the issues of
01/12/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing tl}iCadvertis en r publication in the said
newspaper n
Sworn to and subscribed before me this
12 day of dANUARY 2007
(SEAL)
O.V. FERBEYRE personally known to me
� Maria I. Mesa
My Commission DD293855
w Expires March 04, 2008
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BID INVITATION
AMIBID,NO�C107.0216
3ceive sealed proposals until 3:00 P.M.
i, 2007, at the City_Clerk's.Office, City
Miami, Florida`33143' for the following
AAL SHORELINE ,,^ <
e\TION PROJEC
act consists tof the excavation and
00_ feet of canal embankment on the
)ject drawings provided for this project
ged by Hurricane Wilma in that the large
3r vegetation wereblowrt: over, thus'
host of th6, toppled.`3rees have been._
m=The Contractorshaifremove all root
�cn-}a la`r`va pocks in'nrenaration for the
4VIIItrICIQ � lllo tJl viol
or shall furnish in his bl
operry -
B
rk's office, 6130 Sunset
D_ non- refundable deposit
ase the quantities shown
tie in the best interest of i
nd, m,- ay be rejected as
informal.
A non - mandatory pre -bid conference',
Florida 33143, at 10:00 A.M.' local time on Friday, February 2;2007 , Ail
interested contractors are invited to attend. The City of South Miami is an'
Equal .Opportunity` Employer land encoura "ges:-the participation of!
certified Black Minority Business contractors: ,
1/12 . _ ._ _ 07 -B 29/774931 M'
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this day of , 2007, A.D.. by and
between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and
., party of the second part (hereinafter sometimes called the
"Contractor ").
V'VE EREAS:.the Owner desires to engage the Contractor to perform services as stated herein:
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follows:
1.01 SCOPE OF WORT
A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus,
and transportation and perform all of the 'work shown on the Drawings, and described in
the Project Manual entitled:
Broad Canal Shoreline Stabilization Project - No. C107 -0216
as prepared by the South Florida resource Conservation & Development Council, Inc.
acting as, and in the Contract Documents, entitles the Owner's Engineer, and shall do
everything required by this Contract and the other Contract Documents.
1.02 T14E CONTRACT SUM
A. The Owner shall pay to the Contractor for the faithful performance of the Contract; in
lawful money of the United States, and subject to addition and deductions as provided in
the Contract Documents.
B. Based upon the price shown in the Proposal heretofore submitted to the Owner by the
Contractor, a copy of said Proposal being a part of these Contract Documents, the
aggregate amount of this Contract is the sum of $
1.03 COMMENCEMENT AND COMPLETION OF WORK
A. The Contractor shall commence work on the date established in the Notice to Proceed.
B. The Contractor shall prosecute the work with faithfulness and diligence and shall
complete the work not later than forty -five (45) calendar days after the commencement
date established in the Notice to Proceed.
00500 -1
1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the sites for the work to be
performed and has fully satisfied himself that such sites are correct and suitable ones for
the work to be performed and he assumes full responsibility therefore. The provisions of
this Contract shall control any inconsistent provisions contained in the. specifications. All
Drawings, Specifications and Contract items contained in this Project Manual have been
read and carefully considered: by the Contractor, who understands the same and agrees to
their sufficiency for the work to be done. It is expressly agreed that under no
circumstances, conditions or situations shall this Contract be more strongly construed
against the Owner than against the Contractor and his Surety.
B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and
construed by the Owner's Engineer and his decision shall be final and binding upon all
parties.
C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any
part of the work or material by the Owner, his Engineer, or by any agent or representative
as in compliance with the items of this Contract and/or of the Project Manual covering
said work, shall not operate as a waiver by the Owner of strict compliance with the terms
of this Contract, and/or the Project Manual covering said work; and the Owner may
require the Contractor and/or his insurer td repair, replace, restore and/or make to comply
strictly and in all things with this Contract and the Project Manual any and all of said
work and/or services which within a period of one year from and after the date of the
passing, approval, and/or acceptance of any such work or services, are found to be
defective or ' to fail in any way to comply with the Drawings and Specifications. This
provision shall not apply to materials or equipment normally expected to deteriorate or
wear out and become subject to normal repair and replacement beforb their condition is
discovered. The Contractor shall not be required to do normal maintenance work under
the guarantee provisions. Failure on the part of the Contractor and/or his insurer,
immediately after Notice to either, to repair or replace any such defective materials and
workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and
recover the reasonable cost of such replacement and/or repair from the Contractor and/or
his insurer, who shall in any event be jointly and severally liable to the Owner for all
damage, loss and expense caused to the Owner by reason of the Contractor's breach of
this Contract and/or his failure to comply strictly and in all things with this Contract and
with the Drawings and Specifications.
1.05 LIQUIDATED DAMAGES
A. It is mutually agreed that time is of the essence of this Contract and should the Contractor
fail to complete the work within the specified time, or any authorized extension thereof,
there shall be deducted from the compensation otherwise to be paid to the Contractor, and
the Owner will retain the amount of $2.500.00 per calendar day as fixed, agreed, and
liquidated damages for each calendar day elapsing beyond the specified time for
completion or any authorized extension thereof, which sum shall represent the actual
damages which the Owner will have sustained by failure of the Contractor to complete
the work within the specified time; it being further agreed that said sum is not penalty,
but is the stipulated amount of damage sustained by the Owner in the event of such
default by the Contractor.
00500-2
B. For the purposes of this Article, the day of final acceptance of the work shall. be
considered a day of delay, and the scheduled day of completion of the work shall be
considered a day scheduled for production.
1.06 PARTIAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the Owner shall pay the Contractor as follows:
1. Within 60 days after receipt of the Contractor's request for partial payment by the
Owner, the Owner shall make partial payments to the Contractor, on the basis of
the estimate of work as approved by the Owner's Engineer, for work performed
during the .preceding calendar month, less ten percent (10 %) of the amount of
such estimate which is to be retained by the .Owner until all work has been
performed strictly in accordance with this Agreement and until such work has
been accepted by the Owner.
2. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the work have been paid in full, and also; after all "guarantees that may be
required in the specifications have been furnished and are found to be acceptable
by the Owner, final payment. on account of this Agreement shall be made within
sixty (60) days after completiion .by the Contractor of all work covered by this
Agreement and acceptance of such work by the Owner.
1.07 ADDITIONAL BOND
A. It is further mutually agreed between the part ies hereto. that if, at any time after -the
execution of this Agreement and the Performance and Payment Bonds hereto attached for
its faithful performance, the Owner shall deem the surety or sureties upon such bonds to
be unsatisfactory, or if, for any reason, such bond(s) ceases to. be adequate to cover the
performance of the work, the Contractor shill at his expense, and within three (3) days
after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds;
in such form and amount, and with such sureties.as shall be satisfactory to the Owner. In
such event, no further payment to. the Contractor shall be deemed due under this
Agreement until. such new or additional security for the faithful performance of the work
shall be furnished in the manner and form satisfactory to the Owner.
1.08 SOVEREIGN MAUNITY AND ATTORNEY'S FEES
The City does not waive sovereign immunity for any claim for breach of contract except
for payment of any amount owed under the contract; provided, however, that in any
action arising out of or to enforce this Agreement, the prevailing party , shall be entitled to
its reasonable attorney's fees and costs, including, but not limited to paralegal costs, and
computer research costs. The parties shall not be liable for the prejudgment interest.
1.09 MEDIATION
Any claim or dispute out of or related, to this agreement shall be subject to informal
mediation as a condition precedent to the institution of legal or equitable proceedings by
00500 -3
either party. Both parties waive the right to arbitration. The parties shall share the
mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade
County, Florida, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in the Circuit Court for the..l1t'
Judicial Circuit for the State of Florida.
1.10 SIGNATORY AUTHORITY
The officials executing this Agreement warrant and represent that they are authorized by
their respective agency to enter into a binding agreement.
1.11 LIENS
Contractor is prohibited from placing a lien on the City's property. This prohibition shall
apply to, inter alia, all subconsultants and subcontractors, suppliers and laborers.
1.12 INCORPORATE BY REFERENCE DOCUMENTS EN_ CLOSED IN PROJECT
MANUAL
The contract enclosed within the "Project Manual for the Broad :" Canal Improvements
Project, City of South Miami, City's Bid No: CI04- 0812" and all. attachments in the
Manual and the Construction Drawings shall be incorporated by reference. into the
contract, -as exhibits to the contract. Between the contract and the attachments in the
manual, the provisions .of the contract shall. control should there be any inconsistency in
the documents.
1.13. TRANSFER AND ASSIGNMENT
A. None of the work or services under this contract shall .be subcontracted beyond that
shown on List of Major Subcontractors (Page 00300 -3 of the Proposal) .unless Contractor
obtains prior written consent from the City. Approved subcontractors shall be subject to
each provision of this contract and Contractor shall be responsible and indemnify the City
for all subcontractors' acts, errors and omissions.
B. The Contractor shall not assign, transfer or pledge.any interest in this contract without the
prior written consent of the City; provided; however, that claims for money by the
Contractor from the City under this contract may be assigned, transferred or pledged to a
bank, trust company, or other financial institution without the City's approval. Written
notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by
the Contractor to the City..
1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS
A. The City, or any of their duly authorized representatives, shall until three (3) years after
final 'payment under this contract, have access to and the right to examine any of the
Contractor's books, ledgers, documents, papers, or other records involving transactions
related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.
00500-4
B. The Contractor agrees to include in first -tier subcontracts under this contract a clause
substantially the same as subparagraph 1.14.A., above. "Subcontract," as used in this
clause, excludes purchase orders not exceeding $10,000.
C. The right to access and examination of records un subparagraph 14.A. shall continue until
disposition of any mediation, claims, litigation or appeals..
1.15 . OWNERSHIP OF DOCUMENTS
All documents, reports,. plans, . specifications or other records, including electronic
records, resulting from the services rendered by the Contractor under this contract shall
be deemed the property of the City and the City shall have the rights incident. to this
ownership. The Contractor acknowledges that all documents prepared under this contract
shall be public records, and shall be subject to public inspection and copying, as provided
by the Florida Statutes chapter 119. Upon conclusion of this contract and any extensions,
all documents shall be delivered by the Contractor to the City. The Contractor shall have
the right to retain copies of the documents at the Contractor's expense.
1.16 SEVERABILITY
Should any paragraph or any part. of any paragraph of this contract be rendered void,
invalid or unenforceable by any court of law, for any reason, the. determination shall not
render void, invalid or unenforceable any other section or part of any. section of this
contract:
1.1.7 CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
A. Contractor warrants that neither. it,. nor any principal; employee, agent representative ' or
familiar member has promised to pay, and Contractor has not, and will not, pay a fee the
amount of which is contingent. upon the City awarding this contract to Gontractor.
B.. Contractor warrants-that neither it, nor. any principal, employee, agent, representative or
family member has procured, or attempted to procure, this contract in violation of any of
the provisions of the Miami -Dade County or the City of South Miami conflict of interest
and code of ethics ordinances.
C. A violation of this paragraph will result in the termination of the contract and forfeiture
of funds paid, or to be paid, to the Contractor.
1.18 WARRANTY AND AUTHORITY
The signatories of this contract warrant that they are duly authorized by action of their
respective city commission, board of directors or other authority to execute this contract
and to bind the parties to the promises, terms, conditions and warranties contained in this
contract.
1.19 -INDEPENDENT CONTRACTOR
The Contractor is furnishing its services as an independent Contractor and nothing in this
contract shall create any association, partnership or joint venturgj)etween the parties, or
any employer- employee relationships.
00500 -5
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
above written in five (5) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original Contract.
City of South Miami,
Party of the First Part
(Seal)
By:
Attest: City Manager
City Clerk
Contractor
Party.of the Second Part
WITNESS; (If corporation, attach
Seal and attest by Secretary)
By:
Title
APPROVED AS TO FORM AND
Y 12 n_ AT TTrv.'
City Attorney
City of South Miami
( *) In the event that the Contractor is a Corporation,, the following certificate of resolution of the Board of
Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be
completed:
CERTIFICATE
(Sample)
STATE OF FLORIDA )
ss
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Board of Directors of , a
corporation under the laws of the State of Florida , held on , 20_, the following
resolution was duly passed and adopted:
"RESOLVED, that as President of the.
corporation, be and he is hereby authorized to execute the Contract dated , 20 ,
between the City of South Miami , a municipal corporation, and this corporation, and that this
execution thereof, attested by the Secretary of the corporation and with corporate seal affixed,. shall be the
official act and deed of this corporation.
I further certify that said resolution is now in full force and effect.
IN WITNESS WIIEREOF, I have hereunto set my hand and affixed the official seal of the
corporation this day of , 20
Secretary
END OF SiECTION'
SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT Council, INC.
15600 SW 2881h Street Suite 402 Homestead, FL 33033 -1239
Phone: (305) 246 -4319 Fax: (305) 245 -2473
Cwww.sfrcd.org
J
�\ March 1, 2007
Mr. Greg Netto, P.E.
City of South Miami
Public Works Department
4795 SW 75"' Avenue
South Miami, FL. 33155
Re: Broad Canal Shoreline Stabilization Project Award Recommendation
Enclosures: (1) Engineer's Summary of Proposals Received 2/16/07 for the Broad Canal Shoreline
Stabilization Project
(2) Ranking of Proposal Bid Price Summary Sheet
Dear Mr. Netto,
Upon review of the five (5) bids received on February 16, 2007 for the Broad Canal Shoreline Stabilization
Project I hereby recommend award to: AA Engineering Services, Inc. The attached Engineer's Summary
of Proposals Received and the Ranking of Proposal Bid Price Summary Sheet provide the details of each
proposal and should validate my recommendation.
I contacted the references listed in AA Engineering Services, Inc.'s proposal and received favorable
responses. All of their former customers were very satisfied with AA's performance and would gladly use
them again for future projects. All work was performed within budget and on -time.
As a result of my investigations and the low bid price received I hereby recommend award of this work to
AA Engineering Services, Inc.
Respectfully,
i P C
Wes Scott, P.E., Sr. Project Manager
Cc: Greg Garvey, Coordinator, SFRC &D