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C2C-Award Contract ITB No 014-2013TC Demolition Of Normandy Shores Park BuildinCOMMISSION ITEM SUMMARY Condensed Title: Request for Approval to Award a Contract Pursuant to Invitation to Bid (ITB) No. 014-2013-TC for the Demolition of the Normand Shores Park Buildin . Key Intended Outcome Supported: Ensure quality and timely delivery of capital projects 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 "good." Issue: J Shall the City Commission award the contract? Item Summary/Recommendation: As part of the FY 09/10 Capital Budget, the Parks and Recreation Department was approved funding in the amount of $135,500 to replace the existing playground that was beyond repair at the Normandy Shores Park. The funding request proposed the complete replacement of the playground, safety surface, new fencing, furniture, fixture, and equipment. Prior to replacement of existing structures, it is necessary to complete the demolition work, the removal of demolition materials and disposal of materials and related work on the existing structures. To achieve the desired scope, Invitation to Bid (ITB) 014-2013-TC was issued on May 22, 2013, with an opening date of June 13, 2013. The solicitation was advertised and notices were released to prospective bidders, of which 12 downloaded the solicitation. Bids were received from three (3) bidders. After staffs review of the bids received, LCN Group, Inc. (LCN) was initially deemed the lowest responsive, responsible bidder. On July 17, 2013, the Commission approved award to LCN as the lowest and best bidder, pursuant to ITB 014-2013-TC. Since City Commission approval of the award to LCN, staff has been attempting secure the required surety bonds from LCN. At the request of LCN, on September 13, 2013, the City issued a two (2) week extension to LCN Group, Inc. to be able to secure the required surety bonds. To date, LCN has not responded to the City's request for the surety bands or an update on the process. Accordingly, an December 20th, 2013, the City issued a Notice of Termination of Contract Execution Proceedings to LCN Group, Inc. (Attachment "A") due to their inability to obtain the required surety bonds. Contract execution proceedings have been therefore terminated. Award is now being recommended to the second lowest, responsive, and responsible bidder to the ITB, Chin Diesel, lnc.(Chin). Chin has agreed to hold the pricing submitted in their response to the ITB. RECOMMENDATION Due to the default of the first lowest, responsive, and responsible bidder, LCN Group, Inc., the Administration recommends the award of the contract to Chin Diesel, Inc., the second lowest, responsive, and responsible bidder pursuant to Invitation to Bid (ITB) 014-2013-TC, for the demolition of the Normandy Shores Park Building, in the amount of $45,232; plus approve a project contingency of 10% for a not-to-exceed grand total of $49,756; further authorizing the Administration to engage in value enqineering to further reduce the cost and time for completion of said project. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: OBPI Amount 1 $42,932 2 $4,542 fA ~ 3 $2,300 f--' ~ Total $49,756 Financial Impact Summary: N/A MIAMI BEACH Account 302-2019-069357 {Construction Fund) 302-2019-069358 {Contingencies Fund) 302-2019-000674 (Architect & Engineering Fund) 69 er lition -Summary.doc AGENDA ITEM _C_;?t:..__C. __ DATE /-IS"-/C( MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov TO: COMMISSrMORANDUM Mayor Philip Levine and Members f the City mmission FROM: Jimmy L. Morales, City Manager rr---...... DATE: January 15, 2014 SUBJECT: REQUEST FOR APPROVAL 0 AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 0 4-2013TC, FOR THE DEMOLITION OF THE NORMANDY SHORES PARK BUILDING. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure quality and timely delivery of capital projects. FUNDING $42,932 302-2019-069357 (Construction Fund) $4,542 302-2019-069358 (Contingencies Fund) ------:-'-$_2-'-, 3_00~ 302-2019-00067 4 (Architect & Engineering Fund) $49,756 Total BACKGROUND As part of the FY 09/1 0 Capital Budget, the Parks and Recreation Department was approved funding in the amount of $135,500 to replace the existing playground that was beyond repair at the Normandy Shores Park. The funding request proposed the complete replacement of the playground, safety surface, new fencing, furniture, fixture, and equipment. During project development, the Parks & Recreation Department worked internally to develop a second phase of the park's revitalization, which included a new recreation building/activity pavilion/restroom with storage space, similar to the one built in Fairway Park. A water access/fishing dock and the new playground with shade and safety surfacing was also included. In January 2012, the Parks and Recreation Department met with Commissioner Jorge Exposito and Normandy Shores HOA Projects Committee Chair Mark Wojak to present the second phase concept and gain initial feedback. Mr. Wojak agreed to take the concept to the Normandy Shores HOA board for their comments. On February 14, 2012, Mr. Wojak recommended that in lieu of the water access concept, the residents on Normandy Shores would prefer a more open green space park which included the demolition of the existing storage building/restroom that is in very poor condition. This restroom is currently utilized by tennis players and a replacement is not included in this project, however, there is a public restroom in the Normandy Shores Golf Club across the street. In addition, a vita course/ fitness circuit similar to the one installed in Lummus Park, park furnishings such as benches, trash 70 Commission Memorandum -ITB 014-2013TC-Demolition of the Normandy Shores Park Building July 17, 2013 Page 2 receptacles etc., new fencing, and landscaping were part of the recommendations provided by the residents. On July 17, 2013, the Commission approved award to LCN Group, Inc. as the lowest and best bidder. After the initial Award Recommendation Approval at the July 17, 2013 Commission Meeting, The City Administration began the process of executing a contract with LCN Group. After several weeks of communication regarding the execution of the contract, LCN Group expressed that they required additional time to secure the required surety bonds. On September 13 1h, 2013, LCN Group was issued a two week extension by City Administration to submit acceptable surety bonds as required by the ITS. LCN Group was unable to secure said surety bonds within the allotted timeframe. Based on the aforementioned, the City has exercised its right to terminate its proceedings to execute a contract due to their inability to secure the appropriate required Payment and Performance Bonds. On December 201h, 2013, the City issued a Notice of Termination of Contract Execution Proceedings to LCN Group, Inc. (Attachment "A"). The City Manager is recommending in moving forward to award this Contract to the second lowest and best bidder, Chin Diesel, Inc. SCOPE OF SERVICES The Scope of Services remains unchanged. Demolition and removal of the Normandy Shores Park Building shall include the following services: • The Contractor is responsible for contacting utility companies to retire the necessary utilities (natural gas, water, and/or electricity) prior to demolition. • Demolition and removal of structures shall include removal of the entire identified structure(s) and contents to the construction limits. • All concrete floor slabs, foundations, pilings, driveways, sidewalks, steps, parking areas, and other above ground and underground improvements associated with the structure shall be removed as noted. • Fences shall remain, unless otherwise instructed to remove them. • Cap all building sewer connections at existing wye locations. • Develop an optional asbestos and lead paint abatement report. • Removal of any identified underground storage tanks. • Provide temporary erosion and sediment control on each respective property prior to the start of demolition operations for the full duration of the project. Contractor shall be responsible for the maintenance of controls and control structures and shall be responsible for any clean-up due to failure or inefficiency of such controls. Sedimentation run-off shall not be tolerated and if run-off occurs the Contractor shall take corrective action immediately. • Grading, backfill, sodding, and return to grade shall be performed as follows: • All crawl spaces, lower levels, foundation areas, and any below ground area shall be filled and compacted with earth. The backfill must not be frozen when placed and shall be compacted to a density of 95% of maximum density of the backfill material used as determined by ASTM designation D-698. The top 71 Commission Memorandum -ITB 014-2013TC-Demolition of the Nonnandy Shores Park Building July 17, 2013 Page3 six (6) inches of backfill shall be made with soil suitable far growth of grass and graded to natural grade of surrounding undisturbed earth. • Final grading shall insure adequate drainage offsite and nat permit pending of water. All filled and disturbed ground shall be smoothed for mowing. • The Contractor shall import clean fill as necessary to establfsh proper surface grades but the Contractor may cut and fill on site to the extent possible. The Contractor must supply samples of imported fill to be used and approved by the City. • In the event previously unknown hazardous materials are discovered by the Contractor, the Contractor shall immediately suspend work in the specific location of the hazardous material and immediately notify the City Project Manager; • All demolition materials and debris shall be removed from the work concurrently with progress of work. Contractor shall not allow mud and debris from vehicle transporting demolition materials to litter any streets or highways. Contractor shall clean any such mud or debris at its sale expense. The City will vigorously enforce all requirements relating to clean-up of debris, dirt, mud, and demolition materials from the site and an streets, highways, and adjacent properties. Cleanup shall follow immediately after and at the same rate as construction and shall not be delayed until entire project is finished. Contractor shall clean all right-of-way and easement areas that were occupied by the Contractor in connection with the construction. All disturbed brush and trees, all rubbish, excess materials, temporary structures, equipment, etc. shall be removed and the area left in a neat and presentable condition. If at any time during performance of work by Contractor the City's Project Manager determines that cleanup is nat being accomplished, the City's representative may direct, in writing, no additional work can be accomplished without meeting certain requirements. If so directed, no claim for additional time will be allowed. The Contractor is to provide extra care during performance of work by Contractor to ensure that no rock, base stone, string, stakes, or any ather construction material is left in the water main or irrigation lines. At the end of each construction day, the ends of all such lines shall be sealed watertight and all points of entry are to be covered to prevent easy access. No rain, storm water, or ground water shall be allowed to enter the water main or irrigation systems. • Contractor shall make every effort to locate and identify all underground pipe lines, cables, and conduits by contacting the Florida One Call System and the owners of underground utilities, by prospecting or otherwise, in advance of trench or excavation operations. Contractor will be required to relocate the utility or work around it at no cost to the City. It will be the responsibility of the Contractor to brace or otherwise secure any utility poles or anchors close to the trenching operation. Contractor will be solely responsible for any or all damages whether direct, indirect, or consequential to the underground or above ground utilities, pipe lines, and surroundings, and shall indemnify and hold harmless the City for any and all claims or judgments whenever made as a result of the contractor's actions. If additional or unexpected utility conflicts occur, the Contractor shall be responsible for coordinating with the affected utility company to resolve the conflict and maintain progress on the project. No time extensions will be granted for associated delays. • Contractor shall maintain and enforce all necessary and adequate safety precautions for the protection of life and property on all work performed. Contractor shall also comply with all regulatory agencies requirements for safety and use extreme caution to protect the project area to prevent accidents, damage, or injury involving pedestrian or vehicular traffic in the project area. Barricades, safety screening, or 72 Commission Memorandum-ITB 014-2013TC-Demolition of the Nonnandy Shores Park Building July 17, 2013 Page4 other acceptable methods shall be used as needed to keep the public out of danger and to safely divert them around the project area. • Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the contractor's prosecution of the work. The safety provisions of all applicable laws, building and construction codes, and regulations shall be observed. Contractor shall take or cause to be taken such safety and health measures, additional to those herein required, as the contractor may deem necessary or desirable. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention of Construction" published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws. Contractor shall maintain an accurate record of all cases of death, occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the contract. The contractor shall promptly furnish the Local Public Agency with reports concerning these matters. Contractor shall indemnify and save harmless the City and the City's representative from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this contract. • Inspection by Department of Building Development Services for final permit shall be requested by the Contractor within ten ( 1 0) days of completion of demolition of each separate site. Inspection to finalize demolition permit must be requested by Contractor upon completion of demolition and site clean-up. ITB PROCESS Invitation to Bid (ITB) 014-2013TC was issued on May 22, 2013, with an opening date of June 13, 2013. The pre-bid conference was held on May 30, 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 31 and 276 prospective bidders respectively of which 10 and 2 accessed the advertised solicitation respectively. In addition, 148 vendors were notified via email, which resulted in the receipt of the following three (3) proposals: • Cast Development, LLC • Chin Diesel, Inc. • LCN Group, Inc. The following table provides the proposed total base bid prices of the three (3) responsive bids: LCN Group, Inc. Chin Diesel, Inc. Cast Development, LLC $34,875 $45,232 $46,047 After staff's review of the bids received, LCN Group, Inc. had been deemed the lowest responsive, responsible bidder. Unfortunately, due to their inability to secure the required surety bonds, the City Manager is recommending moving forward with contract execution proceedings with the second lowest, responsive, and responsible bidder, Chin Diesel, Inc. 73 Commission Memorandum-ITB 014-2013TC-Demolition of the Normandy Shores Park Building July 17, 2013 Page5 Founded in 2001, Chin Diesel, Inc. is a Miami Dade County Licensed Contractor with a Certificate of Competency specializing in demolition services that also possesses extensive knowledge and field experience throughout South Florida. Notable clients include Miami Dade County, the City of Miami, and the City of Pompano Beach, exemplifying their experience with public agencies. In determining responsiveness and responsibility of the second lowest bidder, the Department of Procurement Management verified the following: • Minimum Requirements Chin Diesel, Inc. possesses a Certificate of Competency in Miami Dade County (#11 BS00435) specializing in demolition services and is current in their requirements to all agencies. They maintain a fleet of five (5) dump trucks as well as maintaining various pieces of heavy equipment used during demolition services. • Past Performance Chin Diesel, Inc. has provided demolition services to the City of Miami, the City of Pompano Beach, and Miami Dade County for the past two (2) years and have proven their ability to handle a wide range of project complexities, ranging from residence demolitions, to intricate marine structures. CITY MANAGER'S DUE DILIGENCE 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 the construction contract to Chin Diesel, Inc. as the second lowest responsive, responsible bidder due to the default of the lowest, responsive, and responsible bidder, LCN Group, Inc. Furthermore, the City Manager authorizes the Administration to engage in value engineering to further reduce the cost and time for completion of said project. CONCLUSION The Administration recommends the award of the contract to Chin Diesel, Inc., the second lowest responsive, responsible bidder pursuant to Invitation to Bid (ITS) 014-2013TC, for the demolition of the Normandy Shores Park Building, due to the default of the lowest, responsible, and responsive bidder, LCN Group, Inc. in the amount of $45,232; plus approve a project contingency of 10% for a not-to-exceed grand total of $49,756; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said project. ATTACHMENTS • Attaiment A: Notice of Termination of Contract Execution Proceeding Regarding ITB No. 13-014TC, Demolition of the Normandy Shore Park Building. JLM/MT/K /JRIAD T:\AGENDA\2 3\.July 17\Procurement\ITB 014-2013TC-Normandy Shores Parl< Building Demolition-MEMO.docx 74