Title
MOTION TO RESCIND THE AWARD TO V-ENGINEERING CORP AS APPROVED AT THE AUGUST 6, 2025 MEETING, AND TO AWARD A CONTRACT TO ACOSTA TRACTORS INC., TO PROVIDE THE CONSTRUCTION OF TRAFFIC CALMING MEASURES AT PINES VILLAGE, IN THE AMOUNT NOT TO EXCEED $478,006.66, UTILIZING PRICING ESTABLISHED BY THE CITY OF CUTLER BAY ITB NO. 23-10, PURSUANT TO SECTION 35.18(C)(5) OF THE CITY’S CODE OF ORDINANCES.
Summary Explanation and Background
PROCUREMENT PROCESS TAKEN:
- Chapter 35 of the City’s Code of Ordinances is titled “PROCUREMENT PROCEDURES, PUBLIC FUNDS.”
- Section 35.18 of the City's Code of Ordinances is regarding "COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS REQUIRED; EXCEPTIONS."
- Section 35.18(C) states that "Only the following situations are exempt from the competitive bid and competitive proposal requirements of this section:"
- Section 35.18(C)(5) of the City’s Code of Ordinances, “Commodities or services that are the subject of contracts with the state its political subdivisions or other governmental entities including the United States Government, are exempt from the competitive procurement process.”
- Section 35.19 of the City's Code of Ordinances is titled "SEALED COMPETITIVE BIDDING PROCEDURE."
- Section 35.19(A) states, "All sealed competitive solicitations as defined in §35.18 shall be presented to the City Commission for their consideration prior to advertisement."
- Section 35.21 of the City's Code of Ordinances is titled "AWARD OF CONTRACT."
- Section 35.21(A) of the City's Code of Ordinances is titled "City Commission Approval."
- Section 35.21(A)(1) states, "An initial purchase of, or contract for, commodities or services, in excess of $25,000, shall require the approval of the City Commission, regardless of whether the competitive bidding or competitive proposal procedures were followed."
SUMMARY EXPLANATION AND BACKGROUND:
1. On August 6, 2025 the City Commission approved a piggyback agreement established by the City of South Miami with V Engineering Corp to provide the construction of traffic calming measures at Pines Village, in the amount not to exceed $742,939.59.
2. The purpose of the agreement was to complete a traffic calming project consisting of two traffic circles at SW 68th Boulevard & SW 6th Street and SW 9th Street & SW 71st Avenue as well as two road diets at SW 6th Street between SW 70th Terrace & SW 71st Ave and at SW 64th Way & SW 3rd Street.
3. Subsequent to the approval of the agreement and in the course of project planning, the Contractor, V- Engineering Corp was unable to comply with the City’s minimum insurance requirements established as part of the award. Therefore, the Public Services Department recommends rescinding the award of the agreement for failure to comply with the insurance requirements.
4. On April, 24, 2024, the City of Cutler Bay awarded solicitation ITB No. 23-10, to Acosta Tractors, Inc. The awarded scope of work is similar to the scope and work activity desired for the Pines Village Traffic Calming project. On October 28, 2025, the Procurement & Sustainability Department reviewed and accepted a comparable contract to complete the City’s traffic calming project. The Procurement & Sustainability Department were able to match all the items specifically on contract. There were some items not specifically on contract, however, per the contract those items are categorized as “additional work” and are allowed per the contract terms if “considered necessary or desirable to complete the Work in a manner satisfactory to the Town.”
5. The City obtained a quote from Acosta Tractors, Inc., in the amount of $478,006.66, which includes a contingency of $42,679.17 and $8,535.83 for payment and performance bonding requirements.
6. The variance in price between the previous agreement with V Engineering Corp and the proposed agreement with Acosta Tractors, Inc. is due to an adjustment in the traffic calming project’s scope. The planned traffic circle at SW 9th Street & SW 71st Avenue has been delayed by approximately 18 months due to an upcoming Broward County Water and Sewer project. Acosta Tractors, Inc. contacted the City to notify us that it is not feasible for them to hold their proposal pricing for such an extended period. In response the City has determined the best course of action is to remove the traffic circle at SW 9th Street & SW 71st Avenue from this agreement and revisit the project at a later date.
7. Request Commission to rescind the award to V-Engineering Corp as approved at the August 6, 2025 meeting, and to award a contract to Acosta Tractors Inc., to provide the construction of traffic calming measures at Pines Village, in the amount not to exceed $478,006.66, utilizing pricing established by The City of Cutler Bay ITB No. 23-10, pursuant to Section 35.18(C)(5) of the City’s Code of Ordinances.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: $478,006.66
b) Amount budgeted for this item in Account No: 100-541-6002-546164-0000-000-0000- (R&M Resurfacing)
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project: Not Applicable.
e) Detail of additional staff requirements: Not Applicable.
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable.
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable.