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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 fit0RY9 A 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. `�' ' ¢g oO O 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: ✓'' e —r--ru 7 m w of \ § 2n = v CO) E ( g gg % Q = ■ - §cn s `i s 2 3- 0 �g ; m � I § q E C / 7 % 2/ cr CD N U) 0 O m m cQ CD CD v� D o a a Q I x ... (D 0 O 3 3 (D 0- N 0 ,rZ (D Q S 0 m m � o CD o to C cD � O y O 7 D a O W O Q O O n (D mm c0 (31 mmco -i mmmw mm-%N mmw� W = O N o ="o O � 30 5, -D �O N' �O V CL 7 �(D O O (n 4 � �-0 (D o (n < � (D O Cr 7 rtwQ (D Cn < 5 -CO (D < M C. 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(D :' 0 v m CL N CD O N O O V W O CL A iw O 1 3• CD A VI 1Eh cr N� O� O. �D n rF 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 D ffc Cl' sou z �t MORPORMn • p RIO 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