Contract 268-2013 TC Dune Restoration Services MIAMIBEACH
CITY OF MIAMI BEACH �J1
CERTIFICATION OF CONTRACT ,
TITLE: Dune Restoration Services
CONTRACT NO.: 268-2013-TC
EFFECTIVE DATE(S): Refer to Section 2.2 of the Invitation To Bid (ITB) No. 268-2013-TC for
completion time.
SUPERSEDES: N/A
CONTRACTOR(S): Superior Waterway Services, Inc. (Middle and North Beach Sections)
ESTIMATED ANNUAL CONTRACT AMOUNT: $237,389.90
A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on July 17, 2013, for approval to award a contract, upon
execution between the City of Miami Beach, Florida, and Contractor.
B. EFFECT - This Contract is entered into to provide for dune restoration services,
pursuant to City Invitation to Bid No. 268-2013-TC and any addenda thereto (the ITB),
and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in
response thereto may hereinafter collectively be referred to as the "Contract
Documents").
C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in
accordance with the City of Miami Beach Procurement Division policies and procedures,
at. the prices indicated, exclusive of all Federal, State and local taxes. . All blanket
purchase orders shall show the City of Miami Beach Contract Number 268-2013-MF.
D. CONTRACTOR PERFORMANCE - City-of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) according to the requirements
of the Contract Documents to City of Miami Beach, Eric Carpenter, Public Works
Director at 305-673-7080.
E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as
required, which must be signed by a Registered Insurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of
supplies and/or commencement of any services/work by Contractor.
F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written
consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or
any portion of work and/or services required by the Contract Documents without the prior
written consent of the City.
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Certification of Contract
Contractor warrants and represents that all persons providing/performing any supplies,
work, and/or services required by the Contract Documents have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately
and competently provide/perform same, or services to City's satisfaction, for the agreed
compensation.
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contractor's
performance and all interim and final product(s) and /or work provided to or on behalf of
City shall be comparable to the best local and national standards.
G. SERVICE EXCELLENCE STANDARDS— Excellent Customer Service is the standard of
the City of Miami Beach. As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times adhere to
the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133,
Florida Statutes, a person or affiliate who is a contractor, consultant or other provider,
who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to the
City, may not submit a bid on a contract with the City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to the City,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the City, and may not transact any business with the
City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section by Contractor shall result in cancellation of
the Contract and may result in Contractor debarment.
I. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this
_. Contract._ Supp.lies,_ work, and/_o.r_serv_ices,_pr._o_v_ided_by_-Contr_actor_pur_suant_to the _.._____
Contract Documents shall be subject to the supervision of Contractor. In providing such
supplies, work, and/or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based
upon this Contract and/or the Contract Documents.
The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract and/or the Contract
Documents.
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Certification of Contract
K. NOTICES - Whenever either party desires to give notice to the other, such notice must
be in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of acknowledgment of
delivery, addressed to the party for whom it is intended at the place last specified. The
place for giving notice shall remain the same as set forth herein until changed in writing
in the manner provided in this section. For the present, the parties designate the
following:
For City:
Alex Denis, Procurement Director
City of Miami Beach
Department of Procurement Management
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
City Clerk
City Clerk Office
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Superior Waterway Services, Inc.
6701 Garden Road, Ste. 5
Riviera Beach, Florida 33404
Attn: Chris York
Phone: 561-844-0248
Fax:
- -- ------------- ---- E-mail:--cyor-k(�superior-water-way:com--- ------- --- --- -- ------
L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
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Certification of Contract
N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and/or the Contract Documents. Contractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are
hereby adopted by reference and incorporated herein as if fully set forth in this Contract.
Accordingly, Contractor agrees to abide by and be bound by any and all of the
documents incorporated by the Contract Documents. Where there is a conflict between
any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shall prevail.
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Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to
be signed and attested on this 7-T- day of 20_,, by their respective duly
authorized representatives.
CONTRACTOR CITY OF MIAMI BEACH
By By
Presiden Signature Edward L. Tobin
Vice-Mayor
Print Name Date
Date
ATTEST: ATTEST:
Signature City Clerk
Print Name Date
...t3,..
Date •��� '•�
INCORP ORATED:
F:\PURC\$ALL\THEO\ITB\ITB 268-2013TC-Dune Restoration\Contracts\ITB-268-2013 Superior Ward vat` s.doc
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APPROVED AS TO
FORM &LANGUAGE
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City Attorney Date
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Certification of Contract
Contractor warrants and represents that all persons providing/performing any supplies,
work, and/or services required by the Contract Documents have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately
and competently provide/perform same, or services to City's satisfaction, for the agreed
compensation.
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contractor's
performance and all interim and final product(s) and /or work provided to or on behalf of
City shall be comparable to the best local and national standards.
G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of
the City of Miami Beach. As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times adhere to
the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133,
Florida Statutes, a person or affiliate who is a contractor, consultant or other provider,
who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to the
City, may not submit a bid on a contract with the City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to the City,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the City, and may not transact any business with the
City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
convicted vendor list. Violation of this section by Contractor shall result in cancellation of
the Contract and may result in Contractor debarment.
I. INDEPENDENT CONTRACTOR- Contractor is an independent contractor under this
Contract. Supplies,__work, and/or services,_provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. In providing such
supplies, work, and/or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based
upon this Contract and/or the Contract Documents.
The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract and/or the Contract
Documents.
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Certification of Contract
K. NOTICES - Whenever either party desires to give notice to the other, s,
be in writing, sent by certified United States Mail, postage prepai(
requested, or by hand-delivery with a request for a written receipt of ac
delivery, addressed to the party for whom it is intended at the place I.
place for giving notice shall remain the same as set forth herein until chary_
in the manner provided in this section. For the present, the parties designa'...
following:
For City:
Alex Denis, Procurement Director
City of Miami Beach
Department of Procurement Management
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
City Clerk
City Clerk Office
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Superior Waterway Services c
6701 Garden Road, Ste. 5
Riviera Beach, Florida 33404
Attn: Chris York
Phone: 561-8440248
Fax:L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7)days after the finding by the court becomes final.
Certification of Contract
IN WITNESS WHEREOF the City and Contractor qave c used this Certification of Contract to
f
be signed and attested on this / h day of 14 w - 20 I5, by their respective duly
authorized representatives.
CONTRAOT R CITY OF MIAMI BEACH
By Dy
President/Signature 9 Edward L. Tobin
Vice-Mayor
Print Name Date
Date
9ATST. ATTEST:
Secretary/Signature City Cierk
Print Name Date
Date ';'
INCORP ORATED=
FAPURCULLITHEMITBUB 268-2013TC-Dune Restoration\Coiitracts\ITB-268-2013 Superior La an Services.doc
APPROVED AS TO
FORM &LANGUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to Award a Contract, Pursuant to Invitation to Bid No. 268-2013TC, for Dune
Restoration Services.
KeY Intended Outcome Supported:
Ensure well-maintained facilities
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey
indicated that 79% of businesses rated recently completed capital improvement projects as "excellent"
or° ood."
Issue:
Shall the City,Commission award the contract?
Item Summary/Recommendation:
The Citywide Dune Restoration and Enhancement Project is a capital project in FY 2012/13 that will use
Quality of Life funding for the removal of non-native vegetation and replanting with native species in
South Beach (Government Cut to 3 Street and 14 Street to 23 Street), Middle Beach (23 Street to 47
Street), and North Beach (64 Street to 79 Street). The restoration work in the Middle Beach project area
will also be funded through a grant received from the Florida Coastal Management Program (FCMP)
and the National Ocean and Atmospheric Administration (NOAA).
Contractors are to remove and dispose of all non-native and invasive native plant species and provide,
install, fertilize, irrigate, maintain, and warrant survival of Florida native coastal dune plants. Contractors
were requested to bid on,the specific plant species per the estimated quantities of each species
category provided for at the following sections: South Beach A (Government Cut to 3rd Street); South
Beach B(14th to 23rd Streets); Middle Beach (23rd to 47th Streets); North Beach (64th to 79th Streets).
To achieve the desired scope, Invitation to Bid (ITB) 268-2013TC was issued on June 4, 2013, with an
opening date of June 25, 2013. The solicitation was advertised and notices were released to
prospective bidders, of which 18 downloaded the solicitation. Bids were received from two (2) bidders.
After staffs review of the bids received, it was recommended to award the Middle and North Beach
sections to Superior Waterway Services, Inc. and the South Beach A and B sections to Superior
Landscaping and Lawn Service, Inc. the lowest responsive, responsible bidders for each respective
section.
RECOMMENDATION
The Administration recommends the award of the contract to the lowest responsive, responsible bidder,
pursuant to Invitation to Bid (ITB) 268-2013TC, for dune restoration services, for the following sections:
North Beach Middle..Beach for..the.not-to-exceed amounts, including contingency, of $127,323.90
and $110,066 respectively; and South Beach A and B combined for the not-to-exceed amounts,
- -- -------- ----including-contingency,-'of-$53;711;--further-authorizing-the-Administration-to-engage-in-value--engineering- - ---=
to further reduce the cost and time for con .ietion of said oroi .
.Advisory Board Recommendation:
1. NIA
Financial Information:
Source of Amount Account
Funds: 1 $127,323.90 307-2757-069357 North Beach Quality of Life 1%
OBPI 2 $87,391.00 306-2757-069357 Middle Beach Quality Life 1%
3 $49,920.50 305-2757-069357 South Beach Quality of Life 1%
4 $22,675.00 303-5678-000305 NOAA Dune Grant — Contractual
Services
5 $3,790.50 011-9509-000676 Capital Investment Upkeep
Total $291,100.90
Financial Impact Summary: N/A
Cit 'Clerk's Office Le illative Tracking:
Eric Carpenter, ext. 6012
Sign-Offs:
Deparftnent Director A409tant Cit -Mara er City a er
ECHI AD 2L NIZA,it KGB &L JLM
T lAGEN _Al2G1314g1y-I =2013TC—Dune Reslorak tr;vices=Spmrr'afyApc
AGENDA ITEM G 2 F
MIAMIBEACH -13
49 DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachf.gov
COMMISSIO MEMORANDUM
TO: Mayor Matti Herrera Bower and M mbers of th 'City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 17, 2013
SUBJECT: REQUEST FOR APPROVAL O AWARD A CONTRACT, PURSUANT TO
INVITATION TO BID NO. 268-2013TC, FOR DUNE RESTORATION SERVICES.
ADMINISTRATION RECOMMENDATION
Approve the award of contract.
KEY INTENDED OUTCOME SUPPORTED
Ensure well maintained facilities.
FUNDING
$127,323.90 307-2757-069357 North Beach Quality of Life 1%
$87,391.00 306-2757-069357 Middle Beach Quality of Life 1%
$49,920.50 305-2757-069357 South Beach Quality of Life 1%
$22,675.00 303-5678-000305 NOAA Dune Grant—Contractual Services
$3,790.50 011-9509-000676 Capital Investment Upkeep
$291,100.9.0 Total
---------------
The Citywide Dune Restoration and Enhancement Project is a capital project in FY 2012/13 that
will use Quality of Life funding for the removal of non-native vegetation and replanting with
native species in South Beach (Government Cut to 3 Street and 14 Street to 23 Street), Middle
Beach (23 Street to 47 Street), and North Beach (64 Street to 79 Street). The restoration work in
the Middle Beach project area will also be funded through a grant received from the Florida
Coastal Management Program (FCMP) and the National Ocean and Atmospheric
Administration (NOAH).
It is important to eliminate non-native invasive species from the dune system that threaten the
growth and survival of native vegetation and to supplant the system with a native seed bank. A
healthy dune system with native vegetation provides vital storm surge protection and erosion
control. In addition, it provides a habitat for native species of plants and animals. Native dune
vegetation is crucial component of a healthy dune system because of its ability to thrive in the
harsh coastal environment and to continually produce new stems and roots that trap sand. The
Citywide Dune Restoration and Enhancement project will restore the health and the structural
integrity of the City's coastal dune by removing non-native invasive vegetation and re-planting
these areas with native species. The project will also address existing public safety and
maintenance concerns by improving areas with overgrown vegetation that create favorable
conditions for homeless encampments and illicit activities. In the past, the dune vegetation was
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Commission Memorandum—ITB 268-2013TC—Dune Restoration Services
July 17,2013
Page 2
not on a dedicated maintenance plan. However, once the replanting has been completed, a
contractor will be retained through a separate maintenance contract to maintain the entire
system 30 times per year.
SCOPE OF SERVICES
The project locations include the following four(4) sections:
• South Beach A(Government Cut to 3rd Street)
• South Beach B(14th to 23rd Streets)
• Middle Beach (23rd to 47th Streets)
• North Beach (64th to 79th Streets)
Contractors are to remove and dispose of all non-native and invasive native plant species and
provide, install, fertilize, irrigate, maintain, and warrant survival of Florida native coastal dune
plants. Contractors were requested to bid on the following plant species per the estimated
quantities of each species category provided for each project section:
• Pioneer zone species: Sea oats, (Uniola paniculata) in 96 cell liner size with 6 to 12
inches planted height. The estimated quantity of pioneer zone species to be planted for
the North Beach section is 24,890; for the Middle Beach section is 22,300; for the South
Beach A section is 2,950; and, for the South Beach B section is 1,980.
• Pioneer zone diversity species: Dune panic grass (Panicum amarum), shore
paspalum (Paspalum vaginatum), Virginia dropseed (Sporbolus Virginicus), beach bean
(Canavalia maritima), railroad vine (Ipomea pes caprea), and beach morninglory
(Ipomea imperati) in 72 cell liner size. The estimated quantity of pioneer zone diversity
species to be planted for the North Beach section is 8,296, for the Middle Beach section
is 7,440; for the South Beach A section is 990; and, for the South Beach B section is
670.
• Palmettos: Saw palmettos (Serenoa repens, silver variety) in 3 gallon size, minimum 18
inches height, 12 inches .spread. The estimated.,quantity..of palmetto species to.be
planted for the North Beach section is 315, for the Middle Beach section is 90; for the
• Strand zone species: White indigo berry (Randia aculeata), coastal cocoplum
(Chrysobalanos icaco "horizontal" variety), bay cedar, (Suriana maritima), blackbead
(Pithecellobium keyensis), marlberry (Ardisia escalonioides), sea lavender (Argusia
gnaphalodes), golden beach creeper (Ernodea litorallis) in 3 gallon size, minimum 12
inches height, 12 inches spread. The estimated quantity of strand zone species to be
planted for the North Beach section is 377, for the Middle Beach section is 110; for the
South Beach A section is 40; and, for the South Beach B section is 10.
ITB PROCESS.
Invitation to Bid (ITB) 268-2013TC was issued on June 4, 2013, with an opening date of June
25, 2013. The pre-bid conference was held on June 12, 2013. During the pre-bid conference,
prospective bidders were instructed on the procurement process and the information their
respective proposals should contain.
The Public Group and Bidnet issued bid notices to 15 and 53 prospective bidders respectively of
which 15 and 3 accessed the advertised solicitation respectively. In addition, 46 vendors were
notified via email, which resulted in the receipt of the following two (2) proposals:
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Commission Memorandum—ITB 268-2013TC—Dune Restoration Services
July 17, 2013
Page 3
• Superior Landscaping and Lawn Service, Inc.
• Superior Waterway Services, Inc.
The following table provides the proposed prices per section..
Superior Landscaping & Superior Waterway
Lawn Service, Inc. Services, Inc.
North Beach $115,749.00 $121,861.00
Middle Beach $100,O6O.00 $126,651.00
South Beach A $42,027.50 $303208.00
South Beach B $37,325.00 $20,848.00
After staff's review of the bids received, it was recommended to award the Middle and North
Beach sections to Superior Waterway Services, Inc. and the South Beach A and B sections to
Superior Landscaping and Lawn Service, Inc. the lowest responsive, responsible bidders for
each respective section. Both companies have extensive landscaping experience and have
performed dune restoration services in the past. Superior Landscaping and Lawn Service, Inc.
restored the dunes in the City of Miami Beach from 1St to 3rd Streets and 14th to 23rd Streets.
Superior Waterway Services, Inc. provided dune restoration services as part of a contract with
the FPL St. Lucie County Nuclear Power Plant, as well as, providing dune and mangrove habitat
creation for a new recreational area along the Intracoastal Waterway.
CITY MANAGER'S DUE DILIGENCE & RECOMMENDATION
After considering the review and recommendation of City staff, the City Manager exercised his
due diligence and carefully considered the specifics of this ITB process. As a result, the City
Manager recommends to the Mayor and City Commission to award contracts to the lowest
responsive, responsible bidder, pursuant to Invitation to Bid (ITB) 268-2013TC, for dune
restoration services, for the following sections: North Beach and Middle Beach for the not-to-
exceed amounts, including contingency, of $127,323.90 and $110,066 respectively; and South
Beach A and B combined for the not-to-exceed amounts, including, contingency, of $53,711;
further authorizing the Administration to engage in value engineering to further reduce the cost
CONCLUSION
The Administration recommends the award of the contract to the lowest responsive, responsible
bidder, pursuant to Invitation to Bid (ITB) 268-2013TC, for dune restoration services, for the
following sections: North Beach and Middle Beach for the not-to-exceed amounts, including
contingency, of $127,323.90 and $110,066 respectively; and South Beach A and B combined
for the not-to-exceed amounts, including contingency, of $53,711; further authorizing the
Administration to engage in value engineering to further reduce the cost and time for completion
of said project.
JLM/MT/KGB/ CAD
TAAGENDA\2013\Ju y 17\Procurement\ITB 268-2013TC-Dune Restoration Services-MEMO.docx
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