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