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2014-28611 Reso RESOLUTION NO. 2014-28611 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT BETWEEN THE CITY AND SUPERIOR LANDSCAPING & LAWN SERVICE, INC., DATED APRIL 4, 2014, ENTERED INTO PURSUANT TO INVITATION TO BID NO. 2014-093-SR, FOR THE SOUTH POINTE PARK LANDSCAPING REMEDIATION PROJECT; FOR CONSTRUCTION OF THE ADDITIONAL SCOPE OF WORK, WHICH INCLUDES THE REMOVAL AND REPLACEMENT OF SOILS AND VEGETATION (SHRUBS) IN THE LANDSCAPE BEDS AND ASSOCIATED IRRIGATION, IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $487,050; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE FY 2013/2014 CAPITAL BUDGET, IN THE AMOUNT OF $487,050 FOR CONSTRUCTION, AND $48,705 FOR CONTINGENCY, FOR A GRAND TOTAL OF $5359755. WHEREAS, the City of Miami Beach (City) issued Invitation to Bid (ITB) 2014-093-SR on January 9, 2014, pertaining to the South Pointe Park Landscaping Remediation Project (Project); and WHEREAS, On March 5, 2014, the City Commission authorized the award of the contract to Superior Landscaping & Lawn Service Inc., in the amount of$2,656,104.15, plus an approved Project contingency fund of ten percent (10%), for a not-to-exceed grand total amount of$2,921,715.00; and WHEREAS, the purpose of the Project was to rehabilitate the numerous defects and deficiencies arising from the improper design and construction of the sod and other landscaping, among other things, during the South Pointe Park Improvement Project, which is currently the subject of pending litigation brought by the City against the prime consultant and general contractor for that project; and WHEREAS, on or about March 15, 2011, the City retained Rosenberg Gardner Design (RGD) to develop a proposed plan to rehabilitate the defects and deficiencies identified with the sod, other landscaping, irrigation and walkways, among other things, improperly designed and installed at South Pointe Park during the South Pointe Park Improvement Project; and WHEREAS, at the request of City staff, RGD prepared a summary of the expanded scope of work to remediate the landscape beds the scope of work to include the removal of up to 24 inches of planting soil and existing shrubs, replacement of up to 24 inches of planting soil, installation of plantings (including mulch and new, healthy shrubs) and installation of associated irrigation for the landscape beds; and WHEREAS, Superior Landscaping & Lawn Service Inc. submitted a cost proposal for this expanded scope of work in the amount of $487,050 and a 10% owner's contingency in the amount of$48,705 has been added for a grand total of$ 535,755; and WHEREAS, to mitigate unnecessary increased damages to the City, which would be incurred with having to remove and replace these landscape beds and modify the irrigation system after the Project has completed construction, the Administration is requesting additional funds to more comprehensively address these defective conditions as part of the Project's scope; and WHEREAS, the amount requested for Change Order 1 is $487,050, plus a project contingency in the amount of $48,705, for a grand total of $535,755 which funding has been previously appropriated in the FY 2013/2014 Capital Budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and authorize the Mayor and City Clerk to execute Change Order No. 1 to the existing contract with Superior Landscaping & Lawn Service Inc., for the additional scope of work which includes the removal and replacement of soils and vegetation (shrubs) in the landscape beds and associated irrigation, in the negotiated not-to-exceed amount of $487,050; with previously appropriated funding in the FY 2013/2014 Capital Budget, in the amount of $487,050 for construction, and $48,705 for contingency, for a grand total of$535,755. PASSED and ADOPTED this,,Wday of a , 2014. ATTEST: i .� - P IP E, MAYOR INCORP ORBITED: �/ 1Z 4 -9-1 �0 RALPH GRANADO, CI ` � �-4 J APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City A torney v-,( Date TAAGENDA\2014\May\May 28 Items\South Pointe Park Remediation - Change Order No.1\South Pointe Park Landscaping Remediation RESO.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Approving And Authorizing The Mayor And City Clerk To Execute Change Order No. 1 To Existing Contract With Superior Landscaping&Lawn Services For The South Pointe Park Landscape Remediation Project. Key Intended Outcome Supported: Ensure well maintained facilities and ensure quality and timely delivery of capital projects. Supporting Data (Surveys, Environmental Scan, etc: N/A Item Summa /Recommendation: The City of Miami Beach(City)issued Invitation to Bid(ITB)2014-093-SR on January 9,2014,pertaining to the South Pointe Park Landscaping Remediation Project(Project). The purpose of the Project was to rehabilitate the numerous defects and deficiencies arising from the improper design and construction of the sod and other landscaping,among other things,during the South Pointe Park Improvement Project,which is currently the subject of pending litigation brought by the City against the prime consultant and general contractor for that project. The original bid opening date for the ITB was February 10,2014. Based on the issuance of three addenda,the bid opening date for the ITB was extended until February 19, 2014. On February 19, 2014, Superior Landscaping & Lawn Service, Inc. (Superior)and Valleycrest Landscape Development,Inc.submitted bids. Through the Department of Procurement Management's review of the bid for responsiveness, Superior was deemed responsive and its bid was the lowest. Superior was determined to be the lowest responsive,responsible bidder. On March 5,2014,the City Commission authorized the award of the contract to Superior,in the amount of$2,656,104.15,plus an approved Project contingency fund of ten percent(10%),for a not-to-exceed grand total amount of$2,921,715.00 On or about March 15,2011,the City retained Rosenberg Gardner Design(RGD)to develop a proposed plan to rehabilitate the defects and deficiencies identified with the sod,other landscaping,irrigation and walkways,among other things,improperly designed and installed at South Pointe Park during the South Pointe Park Improvement Project.Based upon recommendations set forth in the RGD rehabilitation plan,the original scope of the remediation Project included,but was not limited to:Removal and replacement of sod and shrubs and rehabilitation of shrubs,trees and palms;Reconfiguration,replacement and installation of the irrigation system;Installation of underground drainage system and connection to existing storm system;Installation of new and/or existing paver walkways,sidewalks,steps,curbs,borders,underground conduits,etc.;Removal and replacement of soil material and proper disposal of removed soil materials,debris,landscape,etc.;Protection of all existing structures,trees,landscape,walks,fountains,utilities,signs,striping,fences,benches;etc.;and Reconfiguration of slopes,mounds, walks,landscape,etc. The original Project scope also included only the selective removal and replacement of soils and vegetation(shrubs)in the landscape beds. However,City staff has recently observed that the majority of shrubs in the landscape beds are deteriorating and/or failing to adequately thrive due to,among other things,the improper soil composition specified and installed during the South Pointe Park Improvement Project.At the request of City staff,RGD prepared a summary of the expanded scope of work to remediate the landscape beds. The expanded scope of work would include the removal of up to 24 inches of planting soil and existing shrubs,replacement of up to 24 inches of planting soil,installation of plantings(including mulch and new,healthy shrubs)and installation of associated irrigation for the landscape beds. Superior submitted a proposal for this expanded scope of work in the amount of$487,050(see Attached)and a 10%owner's contingency in the amount of$48,705, has been added for a grand total of$535,755. To mitigate unnecessary increased damages to the City,which would be incurred with having to remove and replace these landscape beds and modify the irrigation system after the Project has completed construction, the Administration is requesting additional funds to more comprehensively address these defective conditions as part of the Project's scope. RECOMMENDATION The Administration requests approval and authorization to execute Change Order No.1 to the existing contractwith Superior,for the'additional scope of work which includes the removal and replacement of soils and vegetation(shrubs)in the landscape beds and associated irrigation,in the negotiated not-to-exceed amount of$487,050;with previously appropriated funding in the FY 2013/2014 Capital Budget,in the amount of $487,050 for construction,and$48,705 for contingency,for a grand total of$535,755. Advisory Board Recommendation: NA Financial Information: Source of "Amount Account Funds: 1 $535,755 389-2943-067357—South Pointe Capital Total $535,755 O Financial Impact Summary: City Clerk's Office Legislative Tracking. David Martinez, P.E. ext. 6927 Sign-Offs: Departm t Director Assistant Manager City anager D M M J LM T:\AGENDA\2014\May\May 28 Items\South Pointe Park Remediation-Change Order No.1\South Pointe Park Landscaping�mediation SUMMARY.doc N I U AGENDA ITEM R`7 D AM I B El�%\,O:H DATE s MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMIS ON MEMORANDUM TO: Mayor Philip Levine and Members the City mmission FROM: Jimmy L. Morales, City Manager -- --- DATE: May 28, 2014 SUBJECT: A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT BETWEEN THE CITY AND SUPERIOR LANDSCAPING & LAWN SERVICE, INC., DATED APRIL 4,2014, ENTERED INTO PURSUANT TO INVITATION TO BID NO.2014- 093-SR, FOR THE SOUTH POINTE PARK LANDSCAPING REMEDIATION PROJECT; FOR CONSTRUCTION OF THE ADDITIONAL SCOPE OF WORK, WHICH INCLUDES THE REMOVAL AND REPLACEMENT OF SOILS AND VEGETATION (SHRUBS) IN THE LANDSCAPE BEDS AND ASSOCIATED IRRIGATION, IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF$487,050; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE FY201312014CAPITAL BUDGET, IN THE AMOUNT OF$487,050 FOR CONSTRUCTION,AND$48,705 FOR CONTINGENCY, FOR A GRAND TOTAL OF $535,755. ADMINISTRATION RECOMMENDATION Adopt the Resolution FUNDING $ 535,755 Account No. 389-2943-067357—South Pointe Capital ANALYSIS i The City of Miami Beach (City) issued Invitation to Bid (ITB) 2014-093-SR on January 9, 2014, pertaining to the South Pointe Park Landscaping Remediation Project(Project). The purpose of the Project was to rehabilitate the numerous defects and deficiencies arising from the improper design and construction of the sod and other landscaping,among other things,during the South Pointe Park Improvement Project, which is currently the subject of pending litigation brought by the City against the prime consultant and general contractor for that project. The original bid opening date for the ITB was February 10, 2014. Based on the issuance of three (3)addenda, the bid opening date for the ITB was extended until February 19, 2014. On February 19, 2014, Superior Landscaping & Lawn Service, Inc. (Superior) and Valleycrest Landscape Development, Inc. submitted bids. Through the Department of Procurement Management's review of the bid for responsiveness, Superior was deemed responsive and its bid was the lowest. Superior was determined to be the lowest responsive, responsible bidder. Commission Memorandum-South Pointe Park Landscaping Remediation-Superior Landscaping and Lawn Service, Inc. Change Order No. 9 May 28, 2094 Page 2 of 3 After considering the review and recommendation of City staff,the City Manager exercised his due diligence and recommended to the Mayor and City Commission that the contract for the Project be awarded to Superior. On March 5, 2014, the City Commission authorized the award of the contract to Superior, in the amount of$2,656,104.15, plus an approved Project contingency fund of ten percent(10%), for a not-to-exceed grand total amount of$2,921,715.00. The City issued the first Notice to Proceed to Superior on May 8, 2014. The Second Notice to Proceed has not yet been issued. BACKGROUND On or about March 15, 2011, the City retained Rosenberg Gardner Design (RGD) to develop a proposed plan to rehabilitate the defects and deficiencies identified with the sod,other landscaping, irrigation and walkways,among other things, improperly designed and installed at South Pointe Park during the South Pointe Park Improvement Project. Based upon recommendations set forth in the RGD rehabilitation plan, the original scope of the remediation Project included, but was not limited to: • Removal and replacement of sod and shrubs and rehabilitation of shrubs, trees and palms; • Reconfiguration, replacement and installation of the irrigation system; • Installation of underground drainage system and connection to existing storm system; • Installation of new and/or existing paver walkways, sidewalks, steps, curbs, borders, underground conduits, etc.; • Removal and replacement of soil material and proper disposal of removed soil materials, debris, landscape, etc.; • Protection of all existing structures, trees, landscape, walks, fountains, utilities, signs, striping, fences, benches; etc.; and • Reconfiguration of slopes, mounds, walks, landscape, etc. The original Project scope also included only the selective removal and replacement of soils and vegetation (shrubs) in the landscape beds. However, City staff has recently observed that the majority of shrubs in the landscape beds are deteriorating and/or failing to adequately thrive due to, among other things, the improper soil composition specified and installed during the South Pointe Park Improvement Project. At the request of City staff, RGD prepared a summary of the expanded scope of work to remediate the landscape beds. The expanded scope of work would include the removal of up to 24 inches of planting soil and existing shrubs, replacement of up to 24 inches of planting soil, installation of plantings(including mulch and new, healthy shrubs)and installation of associated irrigation for the landscape beds. Superior submitted a cost proposal for this expanded scope of work in the amount of$487,050(see Attached). A 10%owner's contingency in the amount of$48,705, has been added for a grand total of$ 535,755. Commission Memorandum-South Pointe Park Landscaping Remediation-Superior Landscaping and Lawn Service,Inc. Change Order No. 1 May 28, 2014 Page 3 of 3 To mitigate unnecessary increased damages to the City, which would be incurred with having to remove and replace these landscape beds and modify the irrigation system after the Project has completed construction,the Administration is requesting additional funds to more comprehensively address these defective conditions as part of the Project's scope. CONCLUSION: The Administration.requests approval and authorization for the Mayor and City Clerk to execute Change Order No. 1 to the existing contract with Superior for the additional scope of work, which includes the removal and replacement of soils and vegetation (shrubs) in the landscape beds and associated irrigation, in the negotiated not-to-exceed amount of $487,050; with previously appropriated funding in the FY 2013/2014 Capital Budget, in the amount of $487,050 for construction, and $48,705 for contingency, for a grand total of$535,755. JLM\MT\DM Attachment: Superior's Proposal for Change Order No. 1 TAAGENDA\2014\May\May 28 Items\South Pointe Park Remediation-Change Order No.1\South Pointe Park Landscaping Remediation MEMO.doc I SUPERIOR ATTACHMENT P.O.Box 35-0095-Miami•FL•33135-0095 Office(305)634-0717•Fax(305)6340744 www.superioriandscaping.com - — - - Propgsal Date 5/19/2014 Customer/Billing Information Miami Beach 1700 Convention Center Drive Miami Beach FL 33139 305.673.7071 Jorge L.Rodriguez Job Site Information South Pointe Park 33186 Job Description The purchase,delivery and installation of landscaping per the plans by Rosenberg Gardner Design LA5.01,LA5.02,LA5.03,& LA5.04 Dated 2.10.14.Includes irrigation system(leaving the exisitng mains)and the soil removal of 24"and replacement with 70%coarse orton a sand/30%muck(5,100CY).work to be included in the phases during construction. 630 Each Arachis Glabrate Perennial Peanut 640 Each Borrichio Arborescens Silver Oxeye Daisy 275 Each Chrysobalanus Icaco Cocoplum 180 Each Clusia Guttifera Dwarf Pitch Apple 180 Each Conccarpus erectus Green Buttonwood 335 Each Cocoloba uvifera Seagrape(Shrub Form) 485 Each Hamelia Patens Firebrush 940 Each Helianthus Debilis Dune Sunflower - Total Price $ 487,050.06 If an item or service is not specifically detailed or included in the proposal provided then it is excluded and has not been not considere( Thank you for your consideration of this proposal. If you have any questions,please contact Luis F.Cruz at(305)634-0717 Payment Terms: Payment is due upon completion of job. All invoices are due upon receipt. Past due accounts will acquire an eighteen percent (18%) interest per year. Should collection activities be warranted, the crient shall be responsible for any related expenses including but not Omited to attorney's fees and court costs. There is a fifty-dollar ($50.00)fee for each check retumed for non-sufficient funds. Any alterations made to this document,will make it void. Guarantee:Superior Landscaping&Lawn Service,Inc.is not Gable or responsible for any loss,repair or replacement of any of the above mentioned due to high winds,hail,lightning storms,heavy rains,vandalism,floods,heat,construction,insect plagues or infestation,inadequate irrigation,tornadoes,hurricanes or other Acts of God. ACCEPTANCE OF PROPOSAL WHEREFORE.Contractor and Owner,or Owner's Agent,have accepted the scope and terms of this proposal. Owner or Owner's Agent gives express permission to Contractor to enter said property and confirms that it is clear from any hidden danger or defects. Owner or Owner's Agent Contractor. Superior Landscaping&Lawn Service.Inc. By: By: Name: Name: Title: Title: Date: Date: Thank you for your business! SOUTH POINTE PARK-CHANGE ORDER# 1 Labor- Landscape Material Repalcement Description Quantity Hrly. Rate Total Hours Total Cost Project Manager 1 $ 65.00 35 $ 2,275.00 Superintendent 1 $ 45.00 115 $ 5,175.00 Foremen 1 $ 20.00 1 115 $ 2,300.00 Laborers 6 $ 16.00 115 $ 11,040.00 Subtotal $ 20,790.00 Materials- Landscape Material Replacement Description Quantity Unit Cost Unit Price Total Cost Arachis Glabrate 630 $ 1.65 $ 1,039.50 640 Borrichia Arborescens $ 4.80 $ 3,072.00 Chrysobalanus Icaco 275 $ 3.70 $ 1,017.50 Clusia Guttifera 180 $ 38.00 $ 6,840.00 Conocarpus erectus 180 $ 16.30 $ 2,934.00 Cocoloba uvifera 335 $ 18.25 $ 6,113.75 I Hamelia Patens 485 $ 4.30 $ 2,085.50 Helianthus Debilis 940 $ 2.25 $ 2,115.00 i Muhlenberthia Cappilars 1670 $ 3.70 $ 6,179.00 Nephrolepis Cordata 9615 $ 1.90 $ 18,268.50 Sparatina Bakerii 2195 $ 3.70 $ 8,121.50 Tripsacum Floridanum 4695 $ 3.30 $ 15,493.50 Subtotal $ 73,279.75 Equipment- Landscape Material Repalcement Description Quantity Hrly. Rate Total Hours Total Cost Pick up Truck 1 $ 25.00 90 $ 2,250.00 Backhoe $ - Loader 1 $ 38.75 10 $ 387.50 Subtotal $ 2,637.50 I SOUTH POINTE PARK-CHANGE ORDER# 1 Labor- Irrigation Description Quantity Hrly. Rate Total Hours Total Cost Project Manager 1 $ 65.00 4 $ 260.00 Superintendent 1 $ 45.00 75 $ 3,375.00 Foremen 1 $ 45.00 80 $ 3,600.00 Skilled Labor 3 $ 45.00 80 $ 10,800.00 Subtotal $ 18,035.00 Materials- Irrigation Description Quantity Unit Cost Unit Price Total Cost Irriagtion pipe,head,lateral I 1 LS 1 $ 28,117.30 $ 28,117.30 Subtotal $ 28,117.30 Equipment- Irrigation Description Quantity Hrly. Rate Total Hours Total Cost Pick up Truck 1 $ 25.00 60 $ 1,500.00 Backhoe 1 .$ 32.75 50 $ 1,637.50 Misc.shovels,picks,etc 2 $ 15.00 80 $ 2,400.00 I Subtotal $ 5,537.50 Labor-Soil Removal and Replacment Description Quantity Hrly. Rate Total Hours Total Cost Project Manager 1 $ 65.00 40 $ 2,600.00 Superintendent 1 $ 45.00 135 $ 6,075.00 Foremen 1 $ 20.00 135 $ 2,700.00 Skilled Labor 3 $ 16.00 135 $ 6,480.00 Subtotal $ 17,855.00 Materials-Soil removal and Replacement Description Quantity Unit Cost Unit Price Total Cost Removal of exsiting soil(24" Deep) 5100 $ 20.00 $ 102,000.00 70%Coarse Orton a Sand/30% Muck 1 5100 $ 32.00. $ 163,200.00 Subtotal $ 265,200.00 Equipment-Soil Removal and Repalcement Description Quantity Hrly. Rate Total Hours Total Cost Pick up Truck 1 $ 28.75 50 $ 1,437.50 Excavator 1 $ 39.00 45 $ 1,755.00 BobCat 1 $ 32.00 80 $ 2,560.00 Subtotal $ 5,752.50 Total Costs- Sub Contrcators $ 437,204.55 Total Costs- Superior * OH&P; Superior $ 43,720.45 Ins&Bond $ 6,125.00 TOTALS $ 487,050.00 *Refer to Contract