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Resolution No. 2022-42 Awarding Basile USA LLC Bid 22-05-05-3 (NE 34th Avenue Drainage Improvements) - July 19, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR BID NO. 22- 05-05-3, NE 34TH AVENUE DRAINAGE IMPROVEMENTS, TO BASILE USA, LLC AT THE BID PRICE OF $735,728.05; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; APPROPRIATING AND ALLOCATING FUNDS FOR THE CONTRACT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accepted bids for BID NO. 22-05-05-3 NE 34TH AVENUE DRAINAGE IMPROVEMENTS; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that Basile USA, LLC has submitted the lowest responsible and responsive bid for said project; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the bid/contract for BID NO. 22-05-05-3, NE 34TH AVENUE DRAINAGE IMPROVEMENTS is hereby awarded to Basile USA, LLC in the amount of $735,728.05. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part City of Aventura Resolution No. 2022-42 of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out this Resolution shall be from Budget Line Item Numbers 410-5401-538-63-06. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Shelley, who moved its adoption. The motion was seconded by Vice Mayor Landman, and upon being put to a vote, the vote was as follows: Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes PASSED AND ADOPTED this 19th day of July, 2022. Page 2 of 3 City of Aventura Resolution No. 2022-42 ENID WEISMAN, MAYOR e . ATTEST: ELLISA L. HORVAtRJAMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 SECTION 00526 AGREEMENT THIS AGREEMENT,made and entered into on this 10 day of July 2022 ,by and between Basile USA, LLC., Party of the First Part, and The City of Aventura, Party of the Second Part: WITNESETH: That, the First Party, for the consideration hereinafter fully set out, hereby agrees with the Second Party as follows: 1. That the First Party shall furnish all the materials,and perform all of the Work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained here: List of Drawings Section 00015 Advertisements for Bids Section 00100 Instruction to Bidder Section 00210 Bid Form Section 00410 Award Preference for Identical Tie Bids Section 00420 Bid Bond Section 00432 List of Proposed Subcontractors Section 00434 Bidder Qualification Statement Section 00450 Non- Collusion Affidavit Section 00454 Request for Taxpayer Identification Number and Certificate Section 00455 Sworn Statement Pursuant to Florida Section 00456 Statutes on Public Crimes Notice of Award Section 00510 Agreement Section 00526 Notice to Proceed Section 00550 00526- 1 Payment Bond Section 00612 Performance Bond Section 00614 OSHA Acknowledgment Section 00620 General Conditions Section 00710 Supplementary Conditions Section 00810 Technical Specifications Sections 01000 to 33000 2. That the First Party shall commence the Work to be performed under this Agreement on a date to be specified in a written order of the Second Party and shall complete all Work hereunder within the length of time stipulated in the Bid. 3. That the Second Party hereby agrees to pay to the First Party for the faithful performance of this Agreement, subject to additions and deductions as provided in the Bid Form, in lawful money of the United States,the amount of: Seven Hundred Thirty-five Thousand Seven Hundred Twenty-Eight and Five cents (Written Dollar Amount) Dollars ($ 735,728.05), Lump Sum. 4. That the Second Party shall make monthly partial payments to the First Party on the basis of a duly certified and approved estimate of Work performed during each calendar month by the First Party,Less the retainage provided in the General Conditions,which is to be withheld by the Second Party until Work within a particular part has been performed in accordance with this Agreement and until such Work has been accepted by the Second Party. 5. That upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills, and other costs incurred by the First Party in connection with the construction of the Work have been paid in full,final payment on account of this Agreement shall be made within 60 days after the completion by the First Party of all Work covered by this Agreement and the acceptance of such Work by the Second Party. 6. In the event that the Contractor shall fail to complete the Work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of One Thousand and 00/100 Dollars($1000.00) per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 7. It is further mutually agreed between the parties hereto that if,at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and 00526-2 payment, the Second Party 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 First Party shall,at its expense within 5 days after the receipt of notice from the Second Party so to do,furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event,no further payment to the First Party 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 manner and form satisfactory to the Second Party. 8. No additional Work or extras shall be done unless the same shall be duly authorized by appropriate action by the Party of the Second Part. 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 or accounting for the other counterpart be deemed an original Contract. CONTRACTOR: re I BY: NAME: l_.till IPrS TITLE: OWNER: i of n ra BY: NAME: Ronald J. fa son TITLE: CITY MA AGER AUTHENTICATION: BY: NAME: Ellisa L. Horvath TITLE: CITY CLERK APPROVED AS TO FORM: BY: NAME: TITLE: CITY ATTORNEY 00526-3