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Home My Public Portal About2012-05 Selecting Eastman Aggregate Enterprises, LLC for the Village Beach Renourishment ProjectORDINANCE NO. 2012-5 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING EASTMAN AGGREGATE ENTERPRISES, LLC FOR THE VILLAGE'S BEACH RENOURISHMENT PROJECT; PROVIDING FOR A WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") has finalized the environmental permitting for the Village Beach Renourishment Project (the "Project"); and WHEREAS, it is anticipated that the Project will renourish the beaches along the Atlantic Ocean within the Village by providing 46,500 tons of beach fill; and WHEREAS, the Village has appropriated funds for the Project and estimates the cost to be $1,569,875.66; and WHEREAS, the Village Council desires to select a contractor for the Project in an expedited manner given the time constraints of the Project; and WHEREAS, the Village may, pursuant to Section 2-86 of the Village Code of Ordinances (the "Village Code"), enter into bids or contracts entered into by another governmental authority, provided that the governmental authority has gone through a competitive bidding procedure leading to the award of the bid or contract in question; and WHEREAS, the City of Hollywood Community Redevelopment Agency issued competitive bid BCRA 09-29 for a beach renourishment project (the "Hollywood Contract") and awarded such bid to Eastman Aggregate Enterprises, LLC (the "Eastman"); and WHEREAS, the Village Council desires to waive competitive bidding requirements in accordance with Section 2-86 of the Village Code and enter into an agreement with Eastman based upon the Hollywood Contract; and WHEREAS, the Village Council hereby finds and declares that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Section 1. Recitals. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Waiver of Competitive Bidding. The Village Council, in accordance with Section 2-86 of the Village Code, hereby waives competitive bidding based upon the Hollywood Contract. In addition, the Village Council finds, in accordance with Section 255.20(1)(c)(5), Florida Statutes, that this Project is for the repair or maintenance of the existing beach and is exempt from the competitive bidding provisions within Section 255.20(1), Florida Statutes. Section 3. Selection of Eastman. The Village Council hereby selects Eastman for the Project. Section 4. Authorization. The Village Council hereby authorizes the Village Manager to enter into an agreement with Eastman with the same or better terms as the Hollywood Contract, attached as Exhibit "A," subject to the approval by the Village Attorney as to legal form and sufficiency. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading. PASSED on first reading this 10th day of April , 2012. ' Coding: underlined words are additions to existing text, struck through words are deletions from existing text, shaded text reflects changes made from First Reading. 2 PASSED AND ADOPTED on second reading this 24th day of April , 2012. n R FRANKL H. CAPLAN ITA H. ALVAREZ, MMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI 3 EXH I BIT "A" THE CITY OF HOLLYWOOD DEPARTMENT OF PUBLIC SERVICES ENGINEERING & CONSTRUCTION SERVICES DIVISION 1621 NI, 14th Avenue Hollywood, Florida 33022 Phone (954) 921-3930 Fax (954) 921-3258 CONTRACT THIS AGREEMENT, made and entered into, this day of idbYcrky,,r, AD, 2011 by and between the HOLLYWOOD, FLORIDA COMMUNITY REDEVELOPMENT AGENCY, party of the first part, (hereinafter sometimes called "CRA"), AND eft7 rep,� c, lei-pr;5 a s / L L c party of the second part (hereinafter sometimes called the "CONTRACTOR"). WITNESSETH: The parties hereto, for the considerations hereinafter set forth mutually agree as follows: Article 1. Scope of Work: The CONTRACTOR shall furnish all labor, materials, and equipment and perform all work in the manner and form provided by the attached Contract Documents, for the construction of: HOLLYWOOD BEACH RENOURISHMENT However, if the City of Hollywood is unable to obtain all permits required for the construction of Hollywood Beach Renourishment, the CRA will not proceed with construction and will not be obligated to make any payment to the CONTRACTOR under this Contract. Article 2. The Contract Sum: The CRA shall pay to the CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America; and subject to additions and deductions as provided in the Contract Documents, as follows: Based upon the Unit Price shown in the Proposal heretofore submitted to the ,CIA by the CONTRACTOR, a copy of said Proposal being a part of these Contract bocuments, the aggregate amount of this Contract (obtained by the application of such sift Prices to the quantities shown in the Proposal) being the sum of: �' i.Y 4„: tiEE MILLIONS SIX HUNDRED AND SIXTY NINE THOUSANDS$3,669,909.60 NE,HUNDRED NINE AND SIXTY CENTS ,ollars: $3,669,909.60 Article 3, Partial and Final Payments: In accordance with the provisions fully set orth In the "General Conditions" of the "Specifications", and subject to additions and ,ductions as provided, the CRA shall pay the CONTRACTOR as follows: 0; ei*A09.029 Beach RenoutishmentlContmall Iconstnictioncontract.909.dac 2 a) On the 15th day, or the first business day thereafter, of each calendar month, the CRA shall make partial payments to the CONTRACTOR on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the CONTRACTOR, less ten percent (10%) of the amount of such estimate which is to be retained by the CRA until all work has been performed strictly in accordance with the Agreement and until such work has been accepted by the CRA. b) Upon submission by the CONTRACTOR of evidence satisfactory to the CRA that all payrolls, material bills and other costs Incurred by the CONTRACTOR in connection with the construction of the WORK have been paid in full, and also, after all guarantees that may be required in the Specifications have been furnished and are found acceptable by the CRA, final payment on account of this Agreement shall be made within sixty (60) days after completion by the CONTRACTOR of all work covered by this Agreement and acceptance of such work by the CRA. Article 4. Time of Completion: The CONTRACTOR shall commence the work to be performed under this Contract within ten (10) calendar days after the date of written Notice to Proceed, and shall fully complete the Contract in accordance with the Contract Documents no later than the completion date set out in the Notice to Proceed. It is mutually agreed between the parties hereto, that time is of the essence, and in the event that construction of the WORK is not completed with the Time Stipulated, as may have been modified solely in accordance with the provisions of Article 11 of the General Conditions of this Contract, that from the compensation otherwise to be paid to the CONTRACTOR, the CRA Is authorized and shall retain, for each day thereafter, Sundays and holidays included, the sum set forth in the Supplementary Conditions of this Contract as liquidated damages sustained by the CRA in the event of such default by the CONTRACTOR, or shall withhold such compensation for actual and consequential damages as may be stated therein or contemplated therefrom. Article 5. Additional Bond: It is further mutually agreed between the parties hereto, that if, at any time after the execution of this Agreement and the Performance Bond hereto attached for its faithful performance, the CRA, shall deem the surety or sureties upon such bond to be unsatisfactory, or, if for any reason, such bond ceases to be adequate to cover the performance of the work, the CONTRACTOR shall, at his expense, within five (5) days after receipt of notice from the GRA to do so, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the CRA. In such event, no further payment to the CONTRACTOR shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in a manner and form approved by CRA and the GENERAL COUNSEL. Article 6. Contract Documents: All the documents hereinafter listed from 3 B-020 1 \I3CRA 09.029 Beach RenourishmentSConiract\I Iconstmclioncanlnct.909.doc the Contract and they are as fully a part of the Contract as It hereto attached, or repeated in this Agreement: 1. Notice to Bidders 2. Instruction to Bidders 3. Proposal 4. Bid Bond 5. Contract 6. Performance Bond 7. Payment Bond 8. Specifications 9. Addenda 10. Plans 11. Exhibits A, B, C, D, E As prepared/approved by: IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in two (2) counterparts, each of, which•shall, without proof of accounting for the other counterparts, be deemed an original contract. THE HOLLYWOOD, FLORIDA COMMUNITY REDEVELOPMENT AGENCY Party of the First Part By: _ �� (SEAL) e Director B-020 J.\BCRA 09-029 Beach Renourishment\Contrnctlr lcanstwotioncontrcct.909,doe 4 WHEN THE CONTRACTOR IS A PARTNERSHIP: Signed, Sealed and delivered in the presence of: (Witness) (Name of Firm) a Partnership BY: :(Witness) Partner kxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx { HEN THE CONTRACTOR IS A CORPORATION: :'Attest: e'cretary la,s on . L LC (Correct N cf,Corporation) By: (SEAL) President kxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx PROVED AS TO FORM & LEGALITY R>THE USE AND RELIANCE OF THE LYWOOD, FLORIDA MUNITY REDEVELOPMENT NCY ONLY: effreY P. PShellt\-L Bryan Cahen, Finance Manager General Counsel APPROVED AS TO FINANCE: „kiA 09=029 Bench RenoutislunenttConitnc(V lconsttuctionconnnct,909.doc 6 Community Redevelopment Agency %.. Olt' BY: CITY OF HOLLYWOOD DEPARTMENT OF PUBLIC SERVICES ENGINEERING & CONSTRUCTION SERVICES DIVISION 1621 N. 144 Avenue Hollywood, FL 33022 Phone (954) 921-3930 Fax (954) 921-3258 ADDENDUM NUMBER I PROPOSAL BID FORM Item 9: PROPOSAL BID FORM HAS BEEN AMENDED REMOVING ENVIRONMENTAL AGENCY PERMITS AND REVISING THE LINEAR FEET OF DUNE POST AND FENCING. Project No.: BCRA•09.029 Project Name: Hollywood Beach Ronourishment Account No.: If this Proposal Is accepted, the undersigned Bidder agrees to complete all work under this contract within 120 calendar days following the issuance of the Notice to Proceed. UNIT PRICE PREVAILS OVER TOTAL PRICE. All entries on this form must be typed or written in block form in Ink. Quantities Furnished are for information purposes only. No. Description Qtv Unit Unit Price 1. Mobilization and Demobilization 1 LS j14j0`72 00 0"i j = Cu 2. Surveying 1 LS $ .`S , , U S i . oo t1 i . 00 27,000 TONS $ ai-i.'44 a(41(pn ?LW. uc 4. Beach Fill —.South Segment (R-118+700 to R-123+800) 97,000 TONS $ c 5.53._ , ; )t-j1te,L1 10 , Go 5. Geotechnical Testing 1 LS _0/7)0il .00 .1. is.,, ° .00 6. Beach Tilling 1 LS J k,t,, l ;;a `_i . dC $ i l,, 1 t ai , 06 7. Turbidity Monitoring 1 LS $ aN J, 1l.05.0° $ M , i V 5 . ucy 8. Vibration Control & Monitoring 1 LS $ (o L .1 i 4 •_0_0 $ (o to i I a .00 9. Performance Bond (100% of Centred) 1 LS 3' ) &o , 00 10, Beach Sunflower Dune Vegetation 1,500 EA 5 , S 1 11. Sea Oats Dune' Vegetation 4,000 EA .$___ 1 0 a 3. Beach Fill — North Segment (R-107 to R-109+300) Total 5,IOCMIProjscts\Beath CRAIBCRA 09-029 Beach Renourisii ment\Bldding\Addendum 1 Aug.4, 2011 - Susan update.A.doc Page 4of8 00 ORIGINAL CITY OF HOLLYWOOD DEPARTMENT OF PUBLIC SERVICES ENGINEERING & CONSTRUCTION SERVICES DIVISION 1621 N. 14th Avenue Hollywood, FL 33022 Phone (954) 921-3930 Fax (954) 921-3258 ADDENDUM NUMBER 12. Dune Post and Rope Fencing with 5ignage 300 LF 13. Owner Cot ttingency 6% 1 LS BID TOTAL: a Li tab ,,ek, s V6?),(45 5,u"7 1.3.t.r J tt11 3 L. S:IDCMIProjectstBeach CRA1aCRA 09-029 Beach IRenourishmont\3Iddtng\Addendunl 1 Auy.4, 2011- Susan updato.A.doo Page 6 of 6 ci t EXHIBIT "B" Project: Village of Key Biscayne Renourishment Construction Cost Summary - Eastman Aggregate Enterprises, LLC. March 23, 2012 Item # Description Quantity Unit Unit Cost Total 1 Mobilization/ Demobilization 1 LS $140,072.00 $140,072.00 2 Beach Fill 46,500 TON $25.53 $1,187,145.00 3 Geotechnical Testing 1 LS $6,804.00 $6,804.00 4 Beach Tilling 1 L5 $16,125.00 $16,125.00 5 Turbidity Monitoring 1 L5 $28,165.00 $28,165.00 6 Vibration Control & Monitoring 1 L5 $66,112.00 $66,112.00 7 Tolls 2,215 EA $11.25 $24,918.75 8 Performance Bond (100% of Contract) 1 LS $22,040.13 $22,040.13 9 Owner Contingency 5% 1 L5 $78,493.78 $78,493.78 BID TOTAL $1,569,875.66 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida, that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE MEETING - APRIL 24, 2012 in the XXXX Court, was published in said newspaper in the issues of 04/13/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, • •- . sr refund for the purpose of secu :,..•.: a sement for p blication in the said to and subscribed before me this 13 day of APRIL (SEAL) ,AD 2012 MARIA MESA personally known to me U I i C iirlft-,,',`.s',: !`' ail.) VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held oh Tuesday, April 24, 2012 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING EASTMAN AGGREGATE ENTERPRISES, LLC FOR THE VILLAGE'S BEACH RENOURISHMENT PROJECT; PROVIDING FOR A WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested party relative to this matter may be submitted in writing and or presented in person at the public hearing. Conchita H. Alvarez, MMC Village Clerk 4/13 12-4-144/1868601 M