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2012-125-1720 - Bid to Construct Group Corp  1515  NW  167  Street, Building  5  Suite  200    Miami  Gardens, Florida  33169    City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 12, 2012 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1 st Reading 2 nd Reading X Public Hearing: Yes No Yes No Funding Source: Florida Department of Transportation Grant Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #:ITB#11 ‐12 ‐021 X Strategic Plan Related Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Improve City Infrastructure (Sidewalk Repairs in the Entire City) X Sponsor Name Dr. Danny O. Crew, City Manager Department: Public Works  Short  Title:  A  RESOLUTION  OF  THE  CITY  COUNCIL  OF  THE  CITY  OF  MIAMI  GARDENS, FLORIDA, AWARDING  A  BID  TO  CONSTRUCT  GROUP  CORP., FOR  THE  CONSTRUCTION  OF  A  PEDESTRIAN  BRIDGE  AT  NORTHWEST  42ND  AVENUE  AND  NORTHWEST  175TH  STREET, AND  FOR  THE  INSTALLATION  AND  REPAIR  OF  SIDEWALKS  NEAR  PARKVIEW  ELEMENTARY  LOCATED  AT  17631  NORTHWEST  20TH  AVENUE, IN  THE  AMOUNT  OF  EIGHT  HUNDRED  ELEV EN  THOUSAND, SIX  HUNDRED  FORTY ‐SEVEN  DOLLARS  AND  TEN  CENTS  ($811,647.10), WHICH  INCLUDES  A  TEN  PERCENT  (10%) CONTINGENCY; AUTHORIZING  THE  CITY  MANAGER  AND  CITY  CLERK  TO  EXECUTE  AND  ATTEST  RESPECTIVELY, THAT  CERTAIN  AGREEMENT  WITH  CONSTRUCT  GROUP  CORP. FOR  THIS  PURPOSE, A  COPY   OF  WHICH  IS  ATTACHED  HERETO  AS  EXHIBIT  “A”; PROVIDING  FOR  INSTRUCTIONS  TO  TH E  CITY  CLERK; PROVIDING  FOR  THE  ADOPTION  OF  REPRESENTATIONS; PROVIDING  FOR  AN  EFFECTIVE  DATE.  Staff  Summary:     ITEM K-4) CONSENT AGENDA RESOLUTION Awarding a bid to Construct Group Corp.   1515  NW  167  Street, Building  5  Suite  200    Miami  Gardens, Florida  33169   The  City  of  Miami  Gardens  received  a  grant  of  $1,000,000  to  complete  three  school  safety  enhancement  and  educational  projects  within  the  City  of  Miami  Gardens. The  grant  was  awarded  by  the  Florida  Department  of  Transportation  (FDOT) under  the  Transportation  Enhancement  Program  (TEP).  The  TEP  is  an  element  of  the  Federal  Highway  Administration’s  (FHWA) Surface  Transportation  Program  that  provides  funds  for  the  development  of  “non ‐traditional” transportation  projects.    In  August  2010, the  City  executed  the  Local  Agency  Program  (LAP) agreement  that  is  required  for  each  transportation  project  the  City  receives  from  the  FDOT.  Subsequently, FDOT  issued  the  Notice  to  Proceed  (NTP) allowing  the  City  to  commence  the  design  and  construction  services. The  City  completed  the  design  and  permitting  of  the  following  two  projects:       Project  1. Construct  Pedestrian  Bridge  at  NW  42  Avenue  and  NW  175  ST   The  existing  canal  crossing  bridge  at  NW  175  Street  and  NW  42  Avenue, which  connects  part  of  the  community  with  Carol  City  Elementary  School, is  not  a  pedestrian  friendly  bridge  because  of  narrow  sidewalk, no  ADA  accessibility  and  no  safety  buffer  between  vehicles  and  pedestrian.  This  creates  a  safety  hazard  for  pedestrians  and  vehicles. A  proposed  pedestrian  bridge  will  alleviate  these  unsafe  conditions  and  permit  pedestrians  to  cross  over  the  canal  safely. This  project  will  complement  the  recently  completed  bridge  at  NW  42  Avenue  and  NW  178  Terrace.   Project  2. Sidewalk  Installation  Sidewalks  need  to  be  installed  and/or  repaired  near  Parkview  Elementary  School  to  alleviate  safety  concerns.  Specifications  were  prepared  by  city  staff  and  our  engineering  consultant  Kimley ‐Horn  & Associates, for  LAP  project  which  includes  site  preparation, earthwork, construction  of  pedestrian  bridge  and  sidewalks.  Bid  #11 ‐12 ‐021  – LAP  Miami  Gardens  School  Safety  Enhancement  Program, was  advertised  on  June  1, 2012.  A  broadcast  notice  was  sent  to  532  vendors.  Seven  bid  packages  were  requested. The  bid  was  opened  on  July  2, 2012.  There  were  two  bids  received  and  publicly  read.  The  apparent  low  bidder, Construct  Group  Corp., located  in  Hialeah  Gardens, Florida  is  the  apparent  low  bidder.  Bids  were  evaluated  for  compliance  with  the  specifications  and  their  ability  to  perform  the  work.  Staff  checked  references  for  past  performances, finances, and  insurances.  All  of  the  references  were  favorable, the  finances  satisfactory, and  insurance  is  sufficient.  Once  the  staff  completed  their  review, the  tabulation  was  sent  to  FDOT  for  their  review. FDOT  concurred  with  staff’s  findings  (Attachment  B).   A  copy  of  the  proposal  document  and  submittals  are  available  at  the  Assistant  to  the  Mayor  and  Council’s  Office  for  review.  Proposed  Action:    1515  NW  167  Street, Building  5  Suite  200    Miami  Gardens, Florida  33169    That  the  City  Council  approve  the  attached  Resolution.   Attachment:  Attachment  A  – Tabulation  Sheet  Attachment  B  – FDOT  Concurrence  Letter   CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT THIS CONTRACT made as of th is day of ,20_, by and between Construct Group Corp, hereinafter referred to as the CONTRACTOR, and the CITY OF MIAMI GARDENS, FLORIDA, a Florida municipal corporation, hereinafter re ferred to as the CITY. WITNESSETH, that whereas, the CITY has aw arded to the CONTRACTOR the Work of performing certain construction: NOW, THEREFORE, the CITY and the CONTRA CTOR, for consideration hereinafter named, agree as follows: ARTICLE I -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 11-12-021 dated July 2,2012. The aforementioned documents are hereby incorpor ated herein by refere nce, and made a part hereof. Any amendments executed by the CITY a nd the CONTRACTOR shall become part of this Agreement. Documents not included in this Articl e do not, and shall not, form any part of this Agreement. In the event of any conflict betw een 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. General Conditions d. ITB, Specifications including any drawings & plans e. Contractor's Response 1.2 Conflict, Error or Discrepancy: If, during the performance of th e Work, CONTRACTOR finds a conflic t, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to the CITY in writi ng 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 CONTRACT OR is a representation that CONTRACTOR has visited the Work site and is familiar with th e local conditions under which the Work is to be performed. ARTICLE 2. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of th e materials, tools, equi pment, labor, services, incidentals and everything necessary to perform; and sh all perform, all of the Work, herein referred to as Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT ASSURANCE The contractor, Sub-recipient, or su bcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The contractor shall ca rry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assi sted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. ARTICLE 4. CONTRACT TIME 4.1 CONTRACTOR shall be issued a Notice of Award by the CITY. CONTRA CTOR shall commence scheduling activities and permit applications within fi ve (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 in cluding, but not limited to: Performa nce and Payment Bonds, Insurance Certificates fully executed Contract. 4.1.1 The receipt of all necessar y permits by CONTRACTOR and accepta nce of the full construction schedule in accordance with general terms and c onditions 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 CONTRA CTOR shall submit all necessary documents required by this provision within fifteen (15) calendar days of the issuance of Notice of Award. 4.2 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 carri ed on at a rate to insure its substantially completed within one hundred twenty (120) ca lendar days from the issuance of th e Notice to Proceed, completed and ready for final payment in accordance with Article 6 within one hundred fifty (150) days from the date certified by CITY as the da te of Final Completion. 4.3 Upon failure of CONTRACTOR to substantially complete the WORK, herein referred to as Substantial Completion, within the specified period of time, plus approved ti me extensions, if any, CONTRACTOR shall pay to CITY the sum of Seven H undred Fifteen Dollars ($715.00) for each calendar day after the time specified in Section 2.2 above, pl us any approved time exte nsions, for Substantial Completion. After Substantial Completion should CONT RACTOR fail to complete the remaining Work within the time specified in Sect ion 2.2 above, plus approved time exte nsions, if any, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of One Thousand Five Hundred Thirty-Two Dollars ($1,532.00) for each calendar day af ter the time specified in Section 2.2 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 in ability to obtain full beneficial occupancy and/or use of the Project Liquidated damages are here by fixed and agreed upon between the parties, recognizing the impossibility of preci sely 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 se parately to each portion of the Project for which a time for completion is given. 4.4 CITY is authorized to deduct liquidated damage s from monies due to CONTRACTOR for the Work under this Contract 4.5 CONTRACTOR shall be responsible for reimburs ing CITY, in addition to liquidated damages, for all costs incurred by the Architect/Engineer in admi nistering the constructi on of the WORK beyond the completion date specified above, pl us approved time extensions, if a ny. Architect/Engineer construction costs shall be pursuant to the cont ract between CITY and Architect/Engineer, a copy of which is available upon request of the CONTRACTOR. All such co sts shall be deducted from the monies due CONTRACTOR for performance of WORK by means of unilateral credit cha nge orders issued by CITY, as costs are incurred by Architect/Engi neer and agreed to by CITY. ARTICLE 5. COMPENSATION CITY shall pay CONTRACTOR for the performan ce of all work, in accord ance with Article 13, subject to additions and deductions by Change Order as provided in this Agreement, an amount not to exceed Seven Hundred Thirty-Seven Thousand Eight Hundred Sixty-One dollars ($737,861.00) as full compensation, in accordance with LAP regulations and the Davis-Bacon Act (40 USC 267a) as amended and incorporated by reference in this Agreement ARTICLE 6. PROGRESS PAYMENTS CONTRACTOR may make Applicati on for Payment for Work complete d, at intervals of not more than once a month. However, the CITY shall not pay more than ninety pe rcent (90%) of the total Contract Price as progress payments. The CONTRACTOR'S app lication shall show a complete breakdown of the Project components as dictated by the CITY, includi ng an updated Schedule of Values showing the quantities completed and the amount re quested, together with such suppor ting 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 Conditi ons 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 approva l by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. Ten percent (10%) of all m onies 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 th e Contract Documents. 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 ma ke payments properly to Sub- Contractors or for ma terial or labor. d) Damage to another CONTRACTOR not remedied. e) Liquidated damages, as well as co sts incurred by the CITY for extended construction administration. When the above grounds are remove d or resolved or CONTRACTOR provides a surety bond or a consent of Sure ty, satisfactory to th e CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. ARTICLE 7. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from CONTRACTOR th at 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 fi nds 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 re ceipts in full for all Work; and an Affidavit certifying that all supplie rs and Sub-Contractors 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 paym ents 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 Wor k, Contract fully performed and a final certificate for payment has been i ssued by the CITY'S representative. ARTICLE 8. MISCELLANEOUS 8.1 Conflict: Where there is a conf lict between any provision set fort h 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. 8.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pur suant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such serv ices, neither CONTRACTOR nor its agents shall act as officers, employees, agents, or subcontractors of the CITY, and CONTRACTOR shal l be responsible for any actions of its officer, employees, agent and subcontractors. This Contract shall not constitu te or make the parties a partnership or joint venture. 8.3 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 insu re that all Sub-Contractors have all required licenses and certifications of competency required by th e State of Florida and the County of MiamiDade to perform the Work herein described. 8.4 Entire Contract -Modification: No statements, repr esentations, 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 upo n any of them. The parties acknowledge that this Contract contains the entire understanding of the part ies. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalitie s as this Contract is executed. If any term in the CONTRACTOR'S proposal appear s to be in direct or apparent conflic t with the Contract, then the terms of the Contract sh all control. 8.5 Third Party Beneficiaries: Ne ither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. The part ies 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. 8.6 Notices: All notices required in this Contract shall be sent by certified mail, return receipt requested and, if sent to th e CITY shall be mailed to: City of Miami Gardens Attn: City Manager 1515 NW 167'h Street, Suite 200 Miami Gardens, FL 33169 With a Copy to: City Attorney C/O City of Miami Gardens 1515 NW 167'h Street, Suite 200 Miami Gardens, FL 33169 And if sent to the CONTRACTOR shall be mailed to: Name: Construct Groug, Corp. Fed. ID# 65-1119942 Address: 12101 NW 98 h Avenue Telephone # 305-824-8845 Address: Suite 8 Fax # 305-824-3224 City, State & Zip: Hi aleah Gardens, FL 33018 Contact Person: Juan Quesada, Jr. Title: President 8.7 Assignment and Performance: Neither this Cont ract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR sh all not subcontract any portion of the Work required by this Contract except as au thorized in the Genera l Conditions. CONTRACTOR represents that all persons delivering the services re quired by this Contract have the knowledge and skills, either by training, experience, education, or a combina tion thereof, to adequately and competently perform the duties, obligations, and services set forth in the Sc ope of Work and to provide and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and servi ces under this Contract in a skillful and respectable manner. The quality of CONTRACTOR'S performance and a ll interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 8.8 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 enfo rce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Cont ract. 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. 8.9 Severance: In the event a portion of this Contract is found by a cour t of competent ju risdiction to be invalid, the remaining provisi ons shall continue to be effective, un less CITY or CONTRACTOR elects to terminate this Contract. An election to terminate th is Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 8.10 Applicable Law and Venue: This Contract sha ll 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, CONTRA CTOR and CITY hereby expressly wa ive any rights either party may have to a trial by jury of any civil litigation relate d to, or arising out of th e Project. CONTRACTOR shall specifically bind all Sub-Contractors to the provisions of this Contract. 8.11 Enforcement Costs: If any lega l action or other proceeding is br ought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrep resentation in connection with any provisions of this Contract, the prev ailing party or parties shall be enti tled to recover reasonable attorney's fees, expenses and court costs, includ ing appellate fees incurred in that action or proceedi ng, in addition to any other relief to which such pa rty or parties may be entitled. 8.12 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. 8.13 Prior Contracts: This document incorporates and includes all prior ne gotiations, correspondence, conversations, Contracts, and understa ndings applicable to th e matters contained herein and the parties agree that there are no commitments, Contracts or understandings concerning th e subject matter of this Contract that are not contained in this document. Accordingly, the partie s 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 te rms or conditions contained herein shall be effective unless set forth in writi ng in accordance with Section 8.4 above. 8.14 Future Litigation: Contractor cer tifies that it shall notif y the City within five (5) days of the receipt of any claims, lawsuits, or actions filed against Cont ractor relating to any cons truction projects, work or tasks either performed by Contractor or to be performed by Contractor. 8.15 Risk of Loss; Ownership: The risk of loss, injury or destruction of any personal property, including but not limited to the project, any additional contract price shall be on CONT RACTOR until acceptance of the Work by CITY. Title to the Work shall pass to CITY upon final acceptance of the Work by CITY. 8.16 Indemnification: Contractor sh all 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 aris ing out of, relating to or resulting from the performance of this Agreement by the Contractor or its em ployees, agents, servants, partners, principals or subcontractor s. 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 th e name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expres sly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor sh all in no way limit the re sponsibility to indemnify, keep and save harmless and defend the City or its officer s, employees, agents and instrumentalities as herein provided. One percent ( 1%) of the cont ract amount shall represent the cons ideration 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 Partie s have caused this Agreement to be executed as follows: WITNESSES: CONTRACTOR _____________________________ _________________________ Print name____________________ Print name_________________ Title______________________ Seal ATTEST: CITY OF MIAMI GARDENS ___________________________ ___________________________ City Clerk City Manager APPROVED AS TO FORM: _______________________ CITY Attorney Dated: