Loading...
HomeMy WebLinkAboutReso 2008-1345 ---l RESOLUTION NO. 2008 - I ~ ~ 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH SOUTHEASTERN ENGINEERING CONTRACTORS, INC. TO CONSTRUCT A NEW RETAINING W ALL AT OCEANIA PARK, IN AN AMOUNT NOT TO EXCEED EIGHTY THOUSAND SIXTY- TWO DOLLARS AND NINETY-SIX CENTS ($80,062.96), ATTACHED HERETO AS EXHIBIT "A"; WAIVING COMPETITIVE BIDDING PROCEDURES; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to construct a new retaining wall at Oceania Park for the safety and welfare of its citizens; and WHEREAS, on February 21. 2008 the City Commission, via Resolution No. 2008-1221, awarded Bid No. 07-10-02 to and entered into an agreement with Southeastern Engineering Contractors, Inc. to provide services on a unit price basis for the Central Island Drainage and Street Improvements Project; and WHEREAS, being satisfied with the work produced by Southeastern Engineering Contractors, Inc., the City wishes to enter into an Agreement with Southeastern Engineering Contractors, Inc. to construct a new retaining wall at Oceania Park, in an amount not to exceed Eighty Thousand Sixty-Two Dollars and Ninety-Six Cents ($80,062.96), attached hereto as Exhibit "A"; and WHEREAS, Southeastern Engineering Contractors, Inc. has expressed its ability and desire to provide these services, and has the necessary qualified workers and specific type of equipment; and WHEREAS, time is of the essence, and under Section 62-12 of the City Code, the City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time or other factors; and WHEREAS, in order to save considerable time and money, the City desires to waive the competitive bidding requirements and enter into the Agreement with Southeastern Engineering Contractors, Inc. attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Waiver of Competitive Bidding Procedures. The City Commission hereby approves waiving competitive bidding procedures due to time constraints. R2008- Southeastern Agnll for Retaining Wall Oceania Pk Page I 01'2 Of SUl'I CITY OF SUNNY ISLES BEACH AND SOUTHEASTERN ENGINEERING CONTRACTORS INC. AGREEMENT CONTRACT NO C0809-009 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in triplicate, this j ~ay of \J c)Je,,'~'1;~ ,2008, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City"), and SOUTHEASTERN ENGINEERING CONTRACTORS INC. AGREEMENT, (hereinafter referred to as "Contractor") whose Federal J.D. # is RECIT ALS WHEREAS, the City is in need of services to construct the new retaining wall at Oceania Park, as more fully described in Attachment "A"; and WHEREAS, Contractor has expressed the ability and desire to provide these Services subject to the terms and conditions contained in its proposal as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, Section 62-12 of the City of Sunny Isles Beach Code of Ordinances provides in relevant part that the City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, including insufficient time or other factors; and WHEREAS, in order to save considerable time and money, the City desires to waive the competitive bidding requirements and enter into the Agreement with Southeastern Engineering Contractors, Inc. attached hereto as Attachment "A"; and WHEREAS, the City desires to enter into an Agreement with Contractor to provide the Services in a total amount not to exceed Eighty Thousand Sixty-Two Dollars and Ninety-Six Cents ($80,062.96) for said services. NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to furnish all labor and materials in a good workmanlike and professional manner and to perform the Services designated in Attachment "A" attached hereto, and incorporated herein by reference. The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to Exhibit "A" C0809-009 Southeastern Engineering Contral City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end shall end no later than March 31, 2009. The term of this Agreement may be extended for an additional term at the option of the City. Payment will be made only for work completed to the satisfaction of the City. Contractor is to commence performance of work on the Commencement Date and continue in a diligent manner until work is complete. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 19 and 20 entitled "Indemnification and Waiver of Liability," and "Compliance with Law," respectively, shall survive termination of this Agreement. 4. COMPENSATION. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A", which fee shall be disbursed and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. c. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. 2 C0809-009 Southeastern Engineering Contractors Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. AVAILABILITY OF FUNDS. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 6, INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, sub-Contractor s or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability 3 C0809-009 Southeastern Engineering Contractors Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. o Worker's Compensation, as required by law, but with no less than $1,000,000.00 for Employer's Liability. o Business Automobile Liability which shall include coverage for all owned, non- owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000.00) per occurrence, One Million Dollars ($1,000,000.00) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000.00) per accident for property damage, o Umbrella/Excess Liability coverage in addition to the foregoing limits that when combined with the foregoing limits provide total coverage of at least Three Million Dollars ($3,000,000.00). Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub-Contractor providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then 4 C0809-009 Southeastern Engineering Contractors Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. Under no circumstances shall the City be obligated to compensate Contractor for lost profits, or any resulting or consequential damages. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 9 A(i) and A(ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 1 O. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida, All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 5 C0809-009 Southeastern Engineering Contractors Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (l0) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provlslOns. 12. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: A. John Szerlag With a copy to: City Manager Hans Ottinot, City of Sunny Isles Beach City Attorney 18070 Collins A venue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305)-792-1701 Sunny Isles Beach, Florida 33160 Tel: (305)-792-1702 If to the Contractor: Eddie Dominguez Southeastern Engineering Contractors, Inc. 12054 N.W. 98th Avenue Hialeah Gardens, Florida 33018 Tel: (305) 557-4226 Fax: (305) 557-8568 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 14. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 6 C0809-009 Southeastern Engineering Contractors Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 15. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits discrimination ~gainst the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly are employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. 7 C0809-009 Southeastern Engineering Contractors Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional services in the performance of this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. The Contractor hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration from the City in exchange for giving the City the indemnification provided herein. 20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. UNDISCLOSED CONDITIONS. In the event that undisclosed conditions are discovered during the performance of this Agreement, the City shall have the right to cancel this Agreement upon ten days (10) days written notice to Contractor. 22. MISCELLANEOUS. A. In the event any proVISIOn of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. 8 C0809-009 Southeastern Engineering Contractors Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. (The remainder oj this page has been intentionally left blank.) 9 C0809-009 Southeastern Engineering Contractors Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above. WITNESSES: SOUTHEASTERN ENGINEERING CONTRACTORS, INC. :t-d~ UIU I A"u '0) (l{ I,JU C (; -C' Z Print Name BY: E pSES: . ~U gnature (jlo/~cSb40/tc\ ) Print Name ATTEST: By:~f1~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY 10 C0809-009 Southeastern Engineering Contractors Agreement ~~!~!!!t!!!! Novemher 5, 2008 Rick Conner. PWD Eligil'e~rirlg: Direttor:: . . City of Sunny Isles BC.8Ch. . 18070 Collins Avenue:': . Sunny Isles Beach, .P1:n 160 Ref: Oceania Pir;.kRelfljilirigwati:ji,.~}p.o.f(jr Yfr. Conner: As per your request;SEC. is pteased toproYide the follQwiIlg: .~()s.rprbposal for thei'r(jpos~dR.daining Wall (2S0/If x 5'6" high) at the .Oceania Park;. .. .... . '. . '" SeoDe of Work [. Excavation and djsp:~lsali1f~",6:i~:s )l1atei'icii;. . . 2, Form work materiiiiand Lcih6{: '. . 3. Supply and placeco'nci'ete:;a:<;:pcJ:pJanreq.llireme;lts' . 4, Supply and placereintbrcii'lg:bars" '" '. 5.Collcrete pump . .. ". . 6. Supply and plncebkicks 7. Stucco Finish (tm'e: ~icteorw.ali) 8. Stone finish (onesirle:of\vall) . '.. . ... ". 9: C leaning of over spiUcol)c;re.tt:li. formitJginarei'ials ~nd: sheU COtiStiilC.tioil relatedq~hris:. : Exclusions I. A II surveys: pel'll1 it~fe*$ ~irid:otherrt:latecJ: pn;~~\]Jstructiori reqtli~e~enis. :. . 2. All backfiJlmateiia] p.rovi<led bYcithers . '. .... .. 3. All testing provid(:d:biothe:rs ..' .... . 4. A II perl11llI1ent rc.stoT~ltiol1.0rM'rOCted ~ea~ 5. ^ II maintenance ofttatlk:: : . . . .... . '. . Total cost for conStrtr,iin~.25.0Ilfc)f !~miniligwallns per drawings rmvid~dbY)'~llt~m()ed~ted'JlIly:grh, : 2008, (as describedanove) :is. $80,062.96. AIlmnterial i:>:gnariInteedto;Eie ~5spccifiedalJd the: ahovework: . to be petformed i 11 ~c.co rd 110 ce \vhh:tlie drnwiri gsai1d S pee 1t1.cari OIlS: sli bmi tted tl) ijur.off'i ce 0 i1 O<:w bel:' .. 24th, 2008; ..' ... .... .... ....... .... . .. :. ATTACHMENT "A" ~""'l7 12054 N,W. 98th Avenue, Hialeah GaJderis, FL 3301 B · Phone: (305) 557~4226 . Fax: (305) 557-85138 To: Via: From: Date: Re: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City Commission Norman S. Ede1cup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner (305) 947-0606 City Hall (305) 947-2150 Building Department (305) 949-3 1 1 3 Fax A. John Szerlag. City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM The Honorable Mayor and City Commission A. John Szerlag, City Manager Jorge Vera, Assistant City Manager Rick Conner, Director of Public Works November 18, 2008 Waiver of Bidding Requirements for a contract with Southeastern Engineering Contractors to construct the new retaining wall at Oceania Park in an amount not to exceed $80,062.96. RECOMMENDATION It is recommended that the City Commission waive the Bidding Requirements for a contract with Southeastern Engineering Contractors to construct the new retaining wall at Oceania Park in an amount not to exceed $80,062.96. BACKGROUND The City entered into a contract with Southeastern Engineering Contractors to construct the Central Island Drainage Project. Their reference checks were very good and they have worked very well with us so far. To save a great deal of time, we would like to have the Commission approve a contract to allow them to also build the retaining wall at Oceania Park in an amount not to exceed $80,062.96. This is specialty work that requires qualified workers and specific types of equipment. We not only did our own estimate, but we also got quotes from three of the contractors currently doing work for the City and this is the lowest by far. City staff will then work to get the old concrete removed and use our Public Works crews to place the new soil, sidewalk and amenities. To take this action we must, under Section 62-12 of the Code, request a waiver of the bidding requirements. This section reads as follow: ~ 62-12. Waiver of competitive bidding procedures. The City Commission may authorize the waiver of competitive bidding procedures upon the recommendation of the City Manager that it is in the City's best interest to do so, to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors. Purchases authorized by waiver process shall be acquired after conducting a good faith review of available sources and negotiation as to price, delivery and terms. Finance Department Commission Meeting Date: Funding available: Agenda Item No.: l 1\-1 ~ -O~ Covcr Memo Southcastern Eng i\gmt Oceania l'k Rctaining Wall REASONS Time is of the essence and this approach will allow us to complete this project as soon as possible at what we know to be a very good price. ADDITIONAL INFORMATION Funds were budgeted for this project in Account 20-600-5673 in the amount of $65,000. A budget transfer from an existing capital project will be required. The total cost of the work will be less than $100,000. City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk November 24, 2008 Eduardo Dominguez, President Southeastern Engineering Contractors, Inc. 12054 N.W. 98th Avenue Hialeah Gardens, Florida 33018 Re: Agreement to Construct a New Retaining Wall at Oceania Park Dear Mr. Dominguez: At its regular meeting of November 18, 2008, the City Commission adopted Resolution No. 2008-1345, which approved the above-referenced agreement with Southeastern Engineering Contractors, Inc. Enclosed are two (2) original agreements for execution and witnessing by your firm, Upon execution by your firm. please return both orieinal Aereements and any and all insurances and/or bonds required by Aereement to the attention of Deputy City Clerk Priscilla Walker. An original, executed agreement and a copy of the approving resolution will be mailed to you once the Agreement has been completely processed. Thank you. Very truly yours, ~A~ Jane A. Hines, CMC City Clerk Enclosures cc: Priscilla Walker, CMC, Deputy City Clerk Rick Conner, Public Works and Engineering Director Southeastern - Construct Retaining Wall Agrmt for Sig Ltr SOUTHEASTERN ENGINEERING CONTRACTORS,INC. 12054 NW98TH AVE HIALEAH GNDS. FL 33018 (305) 557-4226 Phone (305) 557-8568 Fax LETTER OF TRANSMITTAL FROM: Eddie Dominguez Vice President Date: December 9, 2008 Project: New Retaining Wall at Oceania Park TO: Priscilla Walker Deputy City Clerk Project No. 2008-1345 Location: WE ARE SENDING YOU: [J HEREWITH . DELIVERED BY HAND UNDER rrn SEPARATE Ll::!J COVER VIA: Fabio Angarita lJJ PLANS [Qj PROPOSAL Q SPECIFICATIONS [Qj PA Y REQUISITION [Qj COpy OF LETTER III OTHER Executed Agreement Q SHOP DRA WINGS [Qj WORK ORDER [Qj SAMPLES 11 CHANGE ORDER COPIES DATE DESCRIPTION 2 Original Executed Agreements (New Retaining Wall at Oceania Park) [iJI FOR APPROVAL Q FOR REVIEW & COMMENT [Qj FOR YOUR USE !J APPROVED AS NOTED II AS REQUESTED !J APPROVED FOR CONSTRUCTION [Qj FILE !J OTHER: !J RETURNED FOR CORRECTION 11 RETURNED AFTER LOAN TO US REMARKS: Please acknowledge receipt of the above document by signing below, thank you. /) /I ----~ I Received by: City Commission Norman S. Edelcup Mayol Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman CommIssioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinol City Attorney Jane A. Hines City Clerk December 18, 2008 Eduardo Dominguez, President Southeastern Engineering Contractors, Inc. 12054 N. W. 98th Avenue Hialeah Gardens, Florida 33018 Re: Agreement to Construct a New Retaining Wall at Oceania Park Dear Mr. Dominguez: At its regular meeting of November 18, 2008, the City Commission adopted Resolution No. 2008-1345, which approved the above-referenced agreement with Southeastern Engineering Contractors, Inc. Enclosed are an original agreement and a copy of the approving resolution for your files. Thank you. rV~uly yours, ~~GQ~ W~ Priscilla Walker, CMC Deputy City Clerk Enclosures Southeastern - Construct Retaining Wall ;\grmt Trans l.tr