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HomeMy WebLinkAbout2010-006-1188 - SK Quality Repair to Norwood Pool 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 replacement. In addition, during a recent renovation the existing pool house at Norwood staff noted the poor condition of all of the domestic water piping for the restrooms and showers. On February 25, 2009 City Council in accordance with Resolution No. 2009-17-962 authorized the City Manager to approve a Nonexclusive Continuing Contract with URS Corporation Southern (URS). The piping replacement scope, budget and schedule were finalized and a purchase order was issued to URS in June 2009.URS completed the construction documents on schedule and the project was advertised for bids on November 9, 2009. Current Situation The plans and specs prepared by URS were broadcasted as ITB #09-10-018 on November 9, 2009. A broadcast notice was sent to 976 vendors, six (6) bid packages were requested. A prebid meeting was held on November 16, 2009, and fourteen (14) companies attended. The bids were opened on December 10, 2009. Only one bid was received and publicity read at that time. Pam Thompson, Procurement Manager evaluated the bid for compliance with the specifications and their ability to perform the work. The references of the bidder were checked by staff and found favorable. The apparent low bidder is SK Quality Contractor, Inc. located in Miami, Florida. The Financial Department reviewed SK Quality Contractor’s financial report and found the company financially stable. The bid is less than the estimate developed by URS and the funding will be provided by the Safe Neighborhood Parks (SNP) Bond Program. A copy of the proposal document is available for review at the office of the Assistant to the Mayor and Council. Proposed Action: That City Council approve the attached resolution awarding the bid to SK Quality Contractor, Inc. of Miami Florida in the amount not to exceed $264,000, which includes a 10% contingency ($24,000), and authorizing the City Manager to negotiate and execute a contract with same. Attachment: Attachment A: Agreement Attachment B: Bid Tabulation Sheet CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT THIS CONTRACT made as of this _______ day of ______________,20___, by and between SK Quality Contractor Inc., hereinafter referred to as the CONTRACTOR, and the CITY OF MIAMI GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as the CITY. WITNESSETH, that whereas, the CITY has awarded to the CONTRACTOR the Work of performing certain construction: NOW, THEREFORE, the CITY and the CONTRACTOR, for consideration hereinafter named, agree as follows: ARTICLE 1 -CONTRACT DOCUMENTS 1.1 Enumeration of Contract Documents: The Contract Documents comprise the entire agreement between CITY and CONTRACTOR and consist of the following: (1) This Agreement and General Conditions (2) Construction performance bond. (3) Construction payment bond. (4) Insurance certificate(s). (5) Notice of Award and Notice to Proceed. (6) Invitation to Bid and the Specifications prepared by the CITY (7) CONTRACTOR's Response to the CITY's Invitation to Bid No. 09-10-018 dated December 10, 2009. The aforementioned documents are hereby incorporated herein by reference, and made a part hereof Any amendments executed by the CITY and the CONTRACTOR shall become part of this Agreement. Documents not included in this Article do not, and shall not, form any part of this Agreement. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is established: a. Specific direction from the City Manager (or designee). b. This Agreement dated __________________ and any attachments. c. Agreement & General Conditions d. Bid Document including all plans & drawings. e. Contractor’s bid submittal 1.2 Conflict, Error or Discrepancy: If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to the CITY in writing at once and before proceeding with the Work affected shall obtain a written interpretation or clarification from CITY. 1.3 Representation of CONTRACTOR: Execution of the Contract by the CONTRACTOR is a representation that CONTRACTOR has visited the Work site and is familiar with the local conditions under which the Work is to be performed. ARTICLE 2. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials, tools, equipment, labor, services, incidentals and everything necessary to perform; and shall perform, all of the Work, herein referred to as Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 CONTRACTOR shall be issued a Notice of Award by the CITY. CONTRACTOR shall commence scheduling activities and permit applications within five (5) calendar days after receipt of the Notice of Award. The Notice to Proceed and Purchase Order will not be issued until CONTRACTOR’S submission to CITY of all required documents including, but not limited to: Performance and Payment Bonds, Insurance Certificates fully executed Contract. 3.1.1 The receipt of all necessary permits by CONTRACTOR and acceptance of the full construction schedule in accordance with general terms and conditions section, submittal schedule and schedule of values is a condition precedent to the issuance of the Notice to Proceed to mobilize on the Project site and commence with the Work. The CONTRACTOR shall submit all necessary documents required by this provision within fifteen (15) calendar days of the issuance of Notice of Award. 3.2 The Work must begin within ten (10) calendar days from Notice to Proceed or the date fixed in the Notice to Proceed, whichever is later, and shall be carried on at a rate to insure its substantially completed within forty-five (45) calendar days from the issuance of the Notice to Proceed, completed and ready for final payment in accordance with Article 6 within seventy-five (75) days from the date certified by CITY as the date of Final Completion. 3.3 Upon failure of CONTRACTOR to substantially complete the WORK, herein referred to as Substantial Completion, within the specified period of time, plus approved time extensions, if any, CONTRACTOR shall pay to CITY the sum of One Hundred and Fifty Dollars ($150.00) for each calendar day after the time specified in Section 3.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining Work within the time specified in Section 3.2 above, plus approved time extensions, if any, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 3.2 above, plus any approved extensions, if any, for completion and readiness for final payment. These amounts are not penalties, but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages which the CITY will suffer as a result of the CONTRACTOR’S failure to perform and that will be obviate a formal resolution concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract as required hereunder. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 3.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 3.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the Architect/Engineer in administering the construction of the WORK beyond the completion date specified above, plus approved time extensions, if any. Architect/Engineer construction costs shall be pursuant to the contract between CITY and Architect/Engineer, a copy of which is available upon request of the CONTRACTOR. All such costs shall be deducted from the monies due CONTRACTOR for performance of WORK by means of unilateral credit change orders issued by CITY, as costs are incurred by Architect/Engineer and agreed to by CITY. ARTICLE 4. COMPENSATION CITY shall pay CONTRACTOR as full compensation for the all material, services, labor and performance, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown in the Contract Documents, the sum of Two Hundred Forty Thousand Dollars ($240,000.00). ARTICLE 5. PROGRESS PAYMENTS CONTRACTOR may make Application for Payment for Work completed, at intervals of not more than once a month. However, the CITY shall not pay more than ninety percent (90%) of the total Contract Price as progress payments. The CONTRACTOR’S application shall show a complete breakdown of the Project components as dictated by the CITY, including an updated Schedule Schedule of Values showing the quantities completed and the amount requested, together with such supporting evidence as may be required by the CITY. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY as required by the General Conditions and a release of liens relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to the CITY. The CITY shall make payment to the CONTRACTOR within thirty (30) business days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by the CITY in accordance with the terms and conditions stipulated in the Contract Documents. Upon Final Completion and acceptance one half (1/2) of the retainage will be returned to CONTRACTOR in accordance with the terms and conditions stipulated in the Contract Documents. One half (1/2) of the retainage fee shall be held and shall be redeemable upon satisfactory completion of the twelve (12) months or six (6) months warranty period. The City shall select length of warranty period upon notice of award. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a) Defective Work not remedied. b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c) Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. d) Damage to another CONTRACTOR not remedied. e) Liquidated damages, as well as costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or a consent of Surety, satisfactory to the CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. ARTICLE 6. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from CONTRACTOR that the Work is complete and ready for final inspection and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. The CONTRACTOR shall only receive payments If CITY finds the Work acceptable, the requisite documents have been submitted, the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, the Architect/Engineer and CITY’S Representative will submit a statement stating such to the CITY Manager. Before the Final Payment, CONTRACTOR shall deliver to CITY a complete waiver of lien(s) or release of all lien(s), as applicable, arising out of this Contract, or receipts in full for all Work; and an Affidavit certifying that all suppliers and Sub-Contractors have have been paid in full, and that all other indebtedness connected with the Work has been paid. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: A. Defective Work not remedied. B. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. C. Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. D. Damage to another CONTRACTOR not remedied. E. Liquidated damages and costs incurred by CITY for extended construction administration. When the above grounds are removed or resolved satisfactorily to the CITY, payment may be made. Final payment constituting the entire unpaid balance of the Contract sum shall be paid by CITY to the CONTRACTOR within thirty (30) days after completion of all Work, Contract fully performed and a final certificate for payment has been issued by the CITY’S representative. ARTICLE 7. MISCELLANEOUS 7.1 Conflict: Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall control. 7.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents or sub-contractors of the CITY and CONTRACTOR shall be responsible for any actions of its officer, employees, agent and subcontractors. This Contract shall not constitute or make the parties a partnership or joint venture. 7.3 Qualifications: CONTRACTOR, and the individual executing this Contract on behalf of the CONTRACTOR, warrants to the CITY that the CONTRACTOR is a Florida (corporation sole proprietorship, etc.) in good standing, and that the CONTRACTOR has all the required licenses and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. CONTRACTOR shall insure that all Sub-Contractors have all required licenses and certifications certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. 7.4 Entire Contract – Modification: No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Contract, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Contract contains the entire understanding of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Contract is executed. If any term in the CONTRACTOR’S proposal appears to be in direct or apparent conflict with the Contract, then the terms of the Contract shall control. 7.5 Third Party Beneficiaries: Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract Therefore, the parties agree that there are no third-party beneficiaries to this Contract and that no third-party shall be entitled to assert a claim against either of them based upon this Contract. 7.6 Notices: All notices required in this Contract shall be sent by certified mail, return receipt requested and, if sent to the CITY shall be mailed to: City of Miami Gardens Attn: City Manager 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 With a Copy to: City Attorney C/O City of Miami Gardens 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 And if sent to the CONTRACTOR shall be mailed to: Name: SK Quality Contractor, Inc. Fed. ID#20-5846851 Address: 15441 SW 49th Street Telephone # 305-485-8802 Address: Fax # 305-485-4847 City, State & Zip: Miami, FL 33185 Contact Person: Edwin Sanabria Title: President 7.7 Assignment and Performance: Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the Work required by this Contract except as authorized in the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR'S performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 7.8 Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 7.9 Severance: In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective, unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.10 Applicable Law and Venue: This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all Sub-Contractors to the provisions of this Contract. 7.11 Enforcement Costs: If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees, expenses and court costs, including appellate fees incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 7.12 Amendments: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the CITY and CONTRACTOR. 7.13 Prior Contracts: This document incorporates and includes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, Contracts or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or Contracts, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. 7.14 Future Litigation: Contractor certifies that it shall notify the City within five (5) days of the receipt of any claims, lawsuits, or actions filed against Contractor relating to any construction projects, work or tasks either performed by Contractor or to be performed by Contractor. 7.15 Risk of Loss; Ownership: The risk of loss, injury or destruction of any personal property, including but not limited to the $240,000.00, shall be on CONTRACTOR until acceptance of the Work by CITY. Title to the Work shall pass to CITY upon final acceptance of the Work by CITY. 7.16 Indemnification: Contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners, principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. One percent ( 1%) of the contract amount shall represent the consideration to be provided for this indemnification. Nothing contained herein shall be deemed a waiver of sovereign immunity. [The remainder of this page is intentionally left blank.] IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows: WITNESSES: CONTRACTOR: ________________________________ By:_________________________________ Print Name:_______________________ Print Name: __________________________ Title:_______________________________ Seal: ATTEST: CITY OF MIAMI GARDENS ________________________________ ________________________ ___ City Clerk City Manager APPROVED AS TO FORM: ________________________________ CITY Attorney Dated: City of Miami Gardens 1515 N.W. 167th Street: Bldg. 5 Suite 200 Miami Gardens, Florida 33169 Procurement Department Tabulation Sheet ITB#09-10-018 Norwood Pool & Pool House Piping Replacement December 10, 2009 Item SK Quality Contractor, Inc. Miami, FL 5% Bid Bond YES Mobilization/Demobil (<5% of total bid) $12,000.00 Insurance -Bonds $8,000.00 General Conditions $31,500.00 Sub-Total $51,500.00 Miscellaneous $8,000.00 Div 2 – Selective Structure Demolition $8,000.00 Div 3 -Concrete $6,500.00 Div 4 – Unit Masonry $3,000.00 Div 6 – Rough Carpentry $6,000.00 Div 7 – Thermal/Moisture Protection $2,000.00 Div 9 -Finishes $9,000.00 Div 22 -Plumbing $124,000.00 Div 31 -Earthwork $6,000.00 Div 32 – Exterior Improvements $8,000.00 Div 33 -Utilities $8,000.00 TOTAL PROJECT $240,000.00