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HomeMy WebLinkAboutR-2017-147 Authorizes the Purchase of Construction Services for Concrete & Asphalt Pavement Repairs & Reconstruction Including Sidewalks within City ROW to be Performed by Metro Express, Inc. RESOLUTION NO. 2017-147 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE CONSTRUCTION SERVICES FOR CONCRETE AND ASPHALT PAVEMENT REPAIRS AND RECONSTRUCTION INCLUDING BUT NOT LIMITED TO SIDEWALKS WITHIN CITY ROAD RIGHTS OF WAY, TO BE PERFORMED BY METRO EXPRESS, INC., UNDER THE SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP INVITATION TO BID NO. ITB 15-16-039(A), IN AN AMOUNT NOT TO EXCEED ALLOCATED DEPARTMENTAL BUDGET APPROPRIATIONS WHICH WILL EXCEED THE ANNUAL VENDOR THRESHOLD OF TWENTY FIVE THOUSAND DOLLARS ($25,000.00) IN FISCAL YEAR 2017-2018 WITH OPTIONS FOR RENEWALS UP TO FISCAL YEAR 2021-2022; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of the established monetary threshold without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission, and if such purchases are made pursuant to a competitive bid obtained within the last eighteen (18) months by other government agencies such as the federal government, state of Florida or a Florida municipality or county; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and payment disbursement authorizations", Subsection (a), sets the monetary threshold or limitation at Twenty Five Thousand Dollars ($25,000.00); and WHEREAS, the City has a need to replace and reconstruct public sidewalks, curbs and gutters, perform asphalt repair and replacement work, make swale improvements and perform other related activities as needed; and WHEREAS, the scope of services for the project identified above also involves the purchase of sidewalk replacement materials and is intended to provide for related sidewalk construction services, including compliance with ADA access regulations; and WHEREAS, the City Manager has determined that it is necessary to install sidewalks within portions of the City under the City's "50150 Program" and the ADA Compliance Program; and WHEREAS, the City of Miami Gardens as lead agency under the Southeast Florida Governmental Cooperative Group awarded the bid on February 8, 2017 to Metro Express, Inc. via Resolution 2017-28-313, a copy of which is attached as Exhibit A; and WHEREAS, this contract is in force starting in 2017 with renewal options for the next four(4) years,that is, from 2018 to 2022; and WHEREAS, the Public Services Department is desirous of having an annual renewal clause in the agreement for as long the vendor remains in good standing and for as long as its agreement with the City of Miami Gardens as lead agency under the Southeast Florida Governmental Cooperative Group is in force and active; and WHEREAS, the Director of Public Services is seeking approval to exceed the Twenty Five Thousand Dollar ($25,000.00) vendor threshold for a single vendor for each year the contract is in place, providing funding is available and appropriated in the annual budget and made in accordance with the City of Dania Beach Purchasing Policy; and WHEREAS, the Director of the Public Services Department has determined that such services can be purchased at the least cost to the City from Metro Express, Inc., under the Southeast Florida Governmental Cooperative Group ITB No. 15-16-039 (A); a copy of the Bid Sheet is attached as Exhibit`B", and made a part of and incorporated into this Resolution by this reference; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing "Whereas" clauses are ratified and confirmed as being true and correct and they are made a specific part of and incorporated into this Resolution by this reference. Section 2. That the City Manager is authorized to purchase construction services on an as needed basis in excess of the Twenty Five Thousand Dollars ($25,000.00) dollar annual vendor threshold for each fiscal year the contract is in place not to exceed the allocated department budget appropriations, from Metro Express, Inc., using available pricing under Southeast Florida Governmental Cooperative Group ITB No. 15-16-039(A) and the proper City 2 RESOLUTION#2017-147 officials are authorized to execute the contract and any contract amendments for the work; provided, however, that no contract will become effective unless and until City officials complete their execution of it. Section 3. That funding for this purchase is planned and appropriated as part of the annual appropriation in the General Fund, Public Services, Streets Division - Repairs and Maintenance Streets Account, Account No. 001-39-06-541-46-60. Additional budgeted funds may also be utilized through various other accounts for City Commission approved citywide capital project or repairs. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on December 11, 2017. ATTEST: wARD s F�'Qsr r LOUISE STILSON, CMC 11, MARA JAMES CITY CLERK AYOR AIED APPROVED A T FO AND CORRECTNESS: THO J. A BR CITY ATTORN Y 3 RESOLUTION#2017-147 „11I Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to (piper@myboca.us for placement on the NIGP SEFL website Cooperative contract page. BID/RFP No. ITB 15-16-039(A) Description/Title: Sidewalk Replacement and Installation Initial Contract Term: Start Date: 02/24/2017 End Date: 02/23/2018 Renewal Terms of the Contract: 4 Renewal Options for 1 (No.of Renewals) (Period of Time) Renewal No. 1 Start Date: 02/24/2018 End Date: 02/23/2019 Renewal No. 2 Start Date: 02/24/2019 End Date: 02/23/2020 Renewal No. 3 Start Date: 02/24/2020 End Date: 02/23/2021 Renewal No.4 Start Date: 02/24/2021 End Date:02/23/2022 SECTION#1 VENDOR AWARD Vendor Name: METRO EXPRESS INC. Vendor Address: 9442 NW 109TH STREET Contact: Delio Trasobares Phone: (305) 885-1330 Fax: (305) 885-1327 Cell/Pager: Email Address: delio@metroexpresscorp.com Website: FEIN: SECTION#2 AWARD/BACKGROUND INFORMATION Award Date: 02/08/2017 Resolution/Agenda Item No.: 2017-28-3133 Insurance Required: Yes X No Performance Bond Required: Yes X No SECTION#3 LEAD AGENCY Agency Name: City of Miami Gardens Agency Address: 18605 NW 27th Avenue, Miami Gardens, FL 33056 Agency contact: Latora Francis Email Ifrancis@miamigardens-fl.gov Telephone: 305-622-8000 Fax: 305-474-1285 ZJi�I'G City of iami Gardens s v, Oliver Gilbert Mayor February 23, 2017 Erhabor Ighodaro, Ph.D. Vice Mayor Metro Express, Inc. 9442 NW 109th Street Lisa C. Davis Medley, FL 33178 Council Member RE: Notice of award—ITB No.15-16-039(A) Sidewalk Replacement and Installation Rodney Harris Council Member NOTICE OF AWARD Lillie Q. Odom. This is to confirm that the City Council at its meeting held on February 8, 2017, under Council Member Agenda Item Number K-10, accepted your proposal response on the above-referenced solicitation. Felicia Robinson Council Member Please forward to my office,within ten days per specifications,the following documents: David Williams Jr. Council Member 1. Signed Contract(3 copies are enclosed) 2. Certificate of Insurance naming the City of Miami Gardens as an additional insured. 3. Performance and Payment Bond A copy of this Notice with a copy of your solicitation response, including all terms and conditions, is being forwarded to the Using Agency, who will contact you regarding your contract. Cameron D. Benson Thank you for your interest in doing business with the City of Miami Gardens. City Manager Ronetta Taylor, MMC Sincerely, City Clerk Sonja K. Dickens City Attorney Latora Francis, Procurement Officer Office of Procurement Management 18605 NW 27 h Avenue•Miami Gardens,Florida 33066•Tel:(305)914-9010•Fax:(305)622-8001 •www.miamigardens-fl.gov ',: x 'm.,, ,.;.-, ,s: ..»,cte,......,,Fa,.rd.".€ea.•..e, .�ar„wr�a -Xr,.•z.u-� * , .-;aa.-' § ». RESOLUTION NO. 2017-28-3133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO METRO EXPRESS, INC., FOR SIDEWALK REPLACEMENT & INSTALLATION; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASES ORDERS ON AN AS NEEDED BASIS NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 17, 2016, ITB No. 15-16-039(A) was solicited via BidSync for sidewalk replacement and installation, and WHEREAS, the ITB closed on November 28, 2016 and three (3) bids were received and publicly read at that time, and WHEREAS, City Staff evaluated the bids for compliance with the specifications, and Metro Express, Inc., (the lowest bidder), and Providian Construction Group were deemed responsible and responsive to the requirements of the ITB, and WHEREAS, Pioneer Construction Management Services, Inc., failed to submit mandatory documents and was deemed non-responsive to the requirements in the Invitation to Bid, and WHEREAS, Metro Express, Inc., has provided services for the City in the past and their performance was deemed favorable by the Using Department, and WHEREAS, Staff recommends the City Council award ITB No. 15-16-039(A), Sidewalk Replacement & Installation to Metro Express, Inc., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Resolution No. 2017-28-3133 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby awards a bid to Metro Express, Inc., for Sidewalk Replacements & Installation, and authorizes the City Manager to issue purchase orders on an as needed basis not to exceed the allocated budgeted amount. Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON r wr _, 2017. — T-- OLIVER GILBERT, III, MAYOR ATTEST: R NETTA TAYLOR MC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: .q.�r� 4s Secsv%a- by: {7Avis VOTE: '7- ,o Mayor Oliver Gilbert, III i/ (Yes) (No) Vice Mayor Erhabor Ighodaro, Ph.D. ✓ (Yes) (No) Councilwoman Lisa C. Davis ✓ (Yes) (No) Councilman Rodney Harris v7(Yes) (No) Councilwoman Lillie Q. Odom —�7 (Yes) (No) Councilwoman Felicia Robinson 7-(Yes) (No) Councilman David Williams Jr �-(Yes) (No) 2 -"„ "a,-,�sa.':.,.. . x£tr._, .'.. ':a .:.'a;•.e??z3.: nz-.s:::. ice a.......s..�-......,.rx. ,,..,.. �+. spas. ,.,.e.co-.-�x� aa.',a:i._ ,.s.,:.:'t:�':' ,.,. ....,.*, ." _ .-... 18605 NW 27 Avenue w Miami Gardens,Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 8,2017 Item Type: _ X Fiscal Impact: Ordinance Reading: X Public Hearing: Funding Source: Advertising Requirement: _,i` .. „ `, •µ X Contract/P.O.Required: Ift RFP/RFQ/Bid#: ITB No.1S-16-039(A) X Sidewalk Replacement and Installation Annual Contract Rebid Strategic Plan Related Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the X specific objectivelstrategy this item will address) Enhance Organizational Q Bus.&Economic Dev p Public Safety p Quality of Education 0 Qual.of Life&City Image 17-1 Communication E3 Sponsor Name Cameron Benson, Department: City Manager Public Works Department A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA, AWARDING A BID TO METRO EXPRESS,INC.,FOR SIDEWALK REPLACEMENT& INSTALLATION;AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASES ORDERS ON AN AS NEEDED BASIS NOT TO EXCEED THE ALLOCATED BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING FOR AN EFFECTIVE DATE. Background The City's Public Works Department continues to install, repair and replace sidewalks throughout the City on an as needed basis. Part of the Citizen's Independent Transportation Trust (CITT), People's Transportation Plan — 1 Cents Transportation Tax (PTP) is to install new sidewalks to include the American Disability Act (ADA) required upgrades as roads are resurfaced throughout the community. In addition,the City has been receiving funds through the Florida Department of Transportation (FDOT)for the Safe Walk to School Program and Pedestrian Walking Trail Grants, which allows the installation of new sidewalks in the school's vicinity and the continuance of the City's Walking Trail Master Plan. Current Situation -_ AGENDA ITEM K-10 SIDEWALK REPLACEMENT 18605 NW 27 Avenue Miami Gardens,Florida 33056 On June 29, 2016, Invitation to Bid (ITB) No. 15-16-039, Sidewalk Replacements & Installation Annual Contract,was solicited via BidSync. The ITB closed on August 1,2016. Three (3) bids were received. Bid submittals from Bannerman Landscaping, Inc., C & I Construction and Design, Inc., and SOFLA Landscaping, Inc., were received and publicly read. After review of Invitation to Bid (ITB) No. 15-16-039, Sidewalk Replacements & Installation Annual Contract, City staff decided to include additional experience requirements for the vendor's qualifications and increased the amount of work expected annually, effectively changing the scope of services. The new scope of work addressed the City's sidewalk replacement needs more accurately. City staff recommended that all bids be rejected and a re-solicitation of services for sidewalk replacement and installation be advertised. On September 28, 2016, City Council authorized the City Manager to reject all bids and resolicit a bid for the repair, replacement,and installation of sidewalks. On October 17, 2016, Invitation to Bid (ITB) No. 15-16-039(A), Sidewalk Replacements & Installation Annual Contract Rebid was solicited via BidSync. The ITB closed on November 28, 2016. Three (3) bids were received and publicly read at that time. The City staff evaluated the bids for compliance with the specifications. Metro Express, Inc., (the lowest bidder)and Providian Construction Group were deemed responsible and responsive to the requirements of the ITB. Pioneer Construction Management Services, Inc. failed to submit mandatory documents and was deemed non-responsive to the requirements in the Invitation to Bid. Metro Express, Inc. has provided services for the City in the past and their performance was deemed favorable by the Using Department. A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council's Office for review. Fiscal Impact The FY 2017 budget provided a budget of $300,000 for stand alone and improvement projects. Also included in the budget are three other projects that includes Sidewalks, Milling and Resurfacing at certain specific locations,therefore staff is recommending an amount of not to exceed$600,000. It is recommended that the City Council approve the City staffs Recommendation For Award of Invitation to Bid (ITB) No. 15-16-039(A), Sidewalk Replacement & Installation Annual Contract Rebid to Metro Express, Inc. authorizing the City Manager to issue purchase orders on an as needed basis not to exceed the allocated budget for the replacement and installation of sidewalk replacement. Exhibit 1: Bid Tabulation Exhibit-1 ITS No.15-16-039A v_ i Date ITB Posted:10J17J16 Bid Title:Sidewalk Replacement&Installation Annual Contract Rebid : Date ITS Opened:11/28/2016 Dept.:Public Works,Engin.Division Bid Submittals:3 Purchasing Agent:Scott Shaw Declinations:0 Metro Express,be. rigumcoughmcfm Pr Wi tion COMAracdoo C" ap,Inc. Medley,FL ManoveseentS rvices, ' Srmrise,FL Mbo*Unit at Estimated Usk Prix Usk Prise 1 Annual (P—per TOW Prim Wrice per Thai Price Usk Prier(!rice Total Prime pile. (UOM) Quantity UOM} Uo" per UOM) Furnish all materials,labor& equipment to Remove to be saw-cut&Replace 4"thick 3000 PSI min.un-reinforced I sidewalk&compact base 95% min.(includes restoration- clean fill to avoid gaps) damaged sod replaced at Contractor's expense Square Yd. 46000 1 $35.50 $1,633,000.00 $35.55 $1,635,300.00 $49.20 $2,263,200.00 Furnish all materials,labor& equipment to Remove to be saw-cut&Replace 6"thick 3000 PSI min.un-reinforced 2 sidewalk&compact base 95% min.(includes restoration- clean fill to avoid gaps) damaged sod replaced at Contractor's expense Square Yd. 16000 $42.75 $694,000.00 $44.55 $712,800.00 $51,60 $825,600.00 Furnish all materials,labor& equipment Install New 4" thick 3000 PSI mint.un- reinforced sidewalk & compact base 95%mim 3 (includes clearing&grubbing, removal&disposal of dirt, Vass etc.&restoration at Contractor's expense) damaged sod replaced at Contractor's expense Square Yd. 18000 $35.50 $639,000.00 $40.05 $720,900.00 $51.84 $933,120.00 Furnish all materials,labor& equipment Install New 6" thick 3000 PSI min.un- reinforced sidewalk & compact base 95%min- 4 (includes clearing&grubbing, removal&disposal of dirt, Vass etc.&restoration at Contractor's expense) damaged sod replaced at Contractor's expense Square Yd. 10000 $42.75 $427,500.00 $49.05 $490,500.00 $56.70 $567 000.00 Furnish,Compact,&Install Lune Rock to min.95% compaction to avoid settling. When elevation is too low. 5 Fill any gaps between new sidewalk installation and existing elevation.Delivery ticket must be provided for payment Cubic Yd. 200 $12.00 $2,400.00 $30.00 $6,000.00 $156.00 $31,200.00 Page 1 of 4 Exhibit-1 Furnish all materials,labor& equipment to Remove& Replace concrete Type"D" Curb including drop curb, transitions,&reconstruction 6 of base(includes clearing, grubbing,&fill,sod to replace damaged grass,removal& disposal of existing curb,dirt, grass etc.&restoration at Contractor's expense). Linear Ft. 500 $18.00 $9,000.00 $19.00 $9,500.00 $56.70 $28,350.00 Furnish all materials,labor& equipment to Install New concrete Type"D"Curb including drop curb, transitions,&construction of base(includes clearing, 7 grubbing,&fill,sod to replace damaged grass,removal& disposal of dirt,grass etc.& restoration at Contractor's expense)including fil. Damaged sod replaced at contractor's expense. Linear Ft. 500 $18.00 $9,000.00 $18.00 $9,000.00 $34.80 $17,400.00 Furnish all materials,labor& equipment to Remove& Replace concrete Type"F" Curb including drop curb, transitions,&reconstruction 8 of base(includes clearing, grubbing,&fill,sod to replace damaged grass,removal& disposal of existing curb,dirt, grass etc.&restoration at Contractor's expense). Linear Ft. 500 $19.00 $9,500.00 $24.00 $12,000.00 $37.20 $18,600.00 Furnish all materials,labor& equipment to Install New concrete Type"F"Curb including drop curb, transitions,&construction of 9 base(includes clearing, grubbing,&fill,sod to replace damaged grass,removal& disposal of existing curb,dirt, grass etc.&restoration at Contractor's expense). Linear Ft. 100 $19.00 $1,900.00 $30.00 $3,000.00 $42.00 $4,200.00 Furnish all materials,labor& equipment to Remove& Replace concrete"Valley- gutter"including drop curb, transitions,&reconstruction 10 ofbase(includes clearing, grubbing,&fill,sod to replace damaged grass,removal& disposal of existing curb,dirt, grass etc.&restoration at Contractor's expense. Linear Ft. 200 $19.00 $3 800.00 $25.00 $5 000.00 $57.60 $11,520.00 Page 2 of 4 s=;,?s,a x+�<"`" ,.,�:ro.r ..n,.....:t�..� -x..,.�, u�m•,�.�ac »�ar.tea,»�.�s..»a� .�,..,..w,.., Exhibit-1 Furnish all materials,labor& equipment to Install New concrete"Valley-gutter" including drop curb, transitions,&reconstruction i l of base(includes clearing grubbing,&fill,sad to replace damaged grass,removal& disposal of dirt,grass etc.& restoration at Contractor's expense. Linear Ft. 500 $19.00 $9,500.00 $21.00 $10,500.00 $59.00 $29,500.00 12 Right-of-Way Survey(to establish m lines). Linear Ft. 18000 $0 50 $9,000.00 $0.70 $12,600.00 $2.70 $48,600.0' Tree Removal Dia.@ breast hgt.4.5'above grade Cont. Each 4 $100.00 $400.00 $200.00 $800.00 $790,00 $3,120.00 (includes restoration-clearing &grubbing removal ofdebris, Each 4 $200.00 $800.00 $450.00 $1,800.00 $1,320.00 $5,280.00 13 excavation&bac)filling) damaged sod replaced at Contractor's expense. Each 4 $500.00 $2,000.00 $700.00 $2,800.00 $2,280,00 $9,120.00 Each 3 $1,000.00 $31000.00 $1,000.00 $3,000.00 $3,840.00 $11,520.00 Live flak Fla.#1 10'-12' overall height(includes restoration-clearing& 14 grubbing,removal of debris, excavation&backfilling). Damaged grass to be replaced with sod at Contractor's expense. Each 1 $600.00 $600.00 $1,200.00 $1,200.00 $750.00 $750.00 Mahogany Fla#I 10%]2' overall height(includes restoration-clearing& 15 grubbing removal of debris, excavation&backftlling). Damaged grass to be replaced with sod at Contractor's expense Each 1 $600.00 $600.00 $1500.00 $1,500.00 $750.00 $750.00 Crape Myrtle Fla#1 10'-12' overall height(includes restoration-clearing& 16 grubbing,removal of debris, excavation&backfilling). Damaged grass to be replaced with sod at Contractor's expense. Each 1 $600.00 $600.00 $1,500.00 $1,500.00 $755.00 $755.00 17 Curb Cuts(includes restoration). Each 20 $50.00 $1,000.00 $100.00 $2 000.00 $150.00 $3,000.00 Furnish all materials,labor& equipment to Relocate Chain 18 Link Fence(includes restoration).Damaged grass to be replaced with sod at Contractor's expense. Linear Ft. 200 $15.00 1 $3,000.00 $30.00 $6,000.00 $45.60 $9,120.00 Furnish all materials,labor& equipment to Install New 4' Chain Link Fence,disposal of 19 existing fence(includes restoration)damaged grass to be replaced with sod at Contractor's expense. Linear Ft. 200 $20.00 $4,000.00 $25.00 $5,000.00 $42.00 $8,400.00 Furnish all materials,labor& equipment to construct 1.5" Type III Asphaltic Concrete 20 surface including Tack Coat to repair existing driveway approaches.Damaged areas during installation replaced at Contractor's expense. Square Ft. 1100 $27.00 $29,700:00 $6.50 $7,150.00 $26.40 $29,040.00 Page 3 of 4 Exhibit-1 Furnish all materials,labor& equipment to place Detectable 21 Warning Surface for pedestrian crossings/cast-in- lace PAw4ellow. Square Ft. 350 $25.00 $8,750.00 $25.00 $8,750.00 $58.80 $20,580.00 Furnish all materials,labor& 22 equipment to Relocate PVC Lines-2"diameter Linear Ft. 100 $10.00 $1,000.00 $10.00 $1,000.00 $25.00 $2,500.00 Furnish all materials,labor& 23 equipment to Install new PVC Lines Sch.40. Linear Ft. 20 $10.00 $200.00 515.00 $300.00 $45.00 $900.00 Furnish all materials,labor& equipment to Install new 24 Irrigation Heads(4"pop-up head w/max 15'spray radius). Each 10 $60.00 $600.00 $50.00 $500.00 $125.00 $1,250.00 Furnish all materials,labor& 25 equipment to Relocate/reset existing Signs. Each 20 $100.00 $2,000.00 $50.00 $1,000.00 $135.00 $2,700.00 Furnish all materials,labor& equipment to Raise Utilities 26 Access(includes sewer cleanouts,water meters, manholes,water values). Each 50 $180.00 $9,000.00 $200.00 $10,000.00 $1,920.00 $96,000.00 Furnish and install concrete water meter boxes to replace 27 existing broken boxes in sidewalk slabs being replaced Each 20 MOM $4,000.00 $500.00 $10,000.00 $900.00 $18,000.00 Furnish all materials,labor& 28 equipment to Pressure clean Brick Pavers&Paver Blocks. Square Ft. 500 $1.00 $500.00 $1.00 $500.00 $5,40 $2,700.00 29 Furnish all materials,labor& equipment to Pressure clean I Square Ft. 500 $1.00 $500.00 $1.00 $500.00 $5.10 $2,550.00 30 Furnish all materials,labor& equipment to install St. Square Ft. 4" $0.80 $3,200.00 $1.25 $5,000.00 53.60 $14,400.00 31 12"Root Bio Barrier LinearFt. 200 $18.00 $3,600.00 $12.00 $2,400.00 $7.20 $1,440.00 ESTIMATED ANNUAL TOTAL PRICE $3,516,650.00 $3,699JM.00 $5,022,165.00 Award Page 4 of 4 CITY OF MIAMI GARDENS SIDEWALK REPLACEMENT AND INSTALLATION ANNUAL CONTRACT REBID CONSTRUCTION CONT CT THIS CONTRACT made as of this t �� day of 20J4by and between METRO EXPRESS,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.15-16-039(A) dated November 28,2016. 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 a2—a2�a2 I—Q 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: Construction Contract Form 106(9/2016) Office of Procurement Management Page 1 of 12 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. The City is the lead agent on this contract for the Southeast Florida Governmental Cooperative Group. ARTICLE 3.CONTRACT TIME 3.1.1 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. 3.1.2 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 three hundred sixty-five (365) calendar days from the issuance of the Notice to Proceed, completed and ready for final payment in accordance with Article 6 within thirty (30) 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 dollars($100)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 Construction Contract Form 106(9/2016) Office of Procurement Management Page 2 of 12 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 one hundred dollars($100)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, in the sum of three million, five hundred sixteen thousand,six hundred fifty($3,516,650.00). 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(901/o)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 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 Construction Contract Form 106(9/2016) Office of Procurement Management Page 3 of 12 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 Construction Contract Form 106(9/2016) Office of Procurement Management Page 4 of 12 certifying that all suppliers 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 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 Oualifications: 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 Construction Contract Form 106(9/2016) Office of Procurement Management Page 5 of 12 and 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/Authorized Representatives: Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery,by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid return receipt requested,or by Federal Express addressed to the parties at the following address: City of Miami Gardens Contractor:Metro Express,Inc. Attn: City Manager Name:Angel Fernandez 18605 NW 27a Avenue Address:9442 NW 109t'Street Miami Gardens,FL 33056 City, State&Zip:Medley,FL 33178 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 Construction Contract Form 106(9/2016) Office of Procurement Management Page 6 of 12 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. Construction Contract Form 106(9/2016) Office of Procurement Management Page 7 of 12 7.14 Future Litigation:ion: 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 Indemnification: Subject to the limitations of Section 768.28 Florida Statutes, Contractor shall protect, defend,indemnify,and hold harmless the CITY and its officials,officers,members,agents,representatives and employees from any and all claims, liabilities,expenses,or damages of any nature,including attorney fees, for injury to or death of any person, and for injury to any property arising out of or in any way connected with the performance or non-performance of any provision of this Agreement required of the Contractor, by or on behalf of the Contractor, or resulting from any violation by the Contractor or its employees of any statute law,ordinance,regulation or other legal requirement pertaining to a safe place of employment for workers, minimum hours and wages, and fair employment practices. However, nothing herein shall be deemed to indemnify CITY for any liability or claim arising solely out of the negligent performance of CITY. The City does hereby agree to indemnify and hold harmless Contractor,from any and all personal injury or property damage claims,liabilities,losses,and causes of action which may arise solely as a result of City's performance of this Agreement. This agreement is subject to the provisions of Section 768.28 Florida Statutes, such that the City shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of$200,000,or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of$300,000 from any and all personal injury or property damage claims,liabilities losses and causes of action which may arise.solely as a result of the performance of this Agreement. However, nothing herein shall be deemed to indemnify Contractor from any liability or claim arising out of the negligent performance or failure of performance of Contractor or any unrelated third party. Nothing contained herein shall be deemed a waiver of sovereign immunity. One percent (1%) of the contract amount shall represent the consideration to be provided for this indemnification. 7.16 Insurance: All insurance requirements must be met and evidenced to the City before delivery of goods and performance of services. The City reserves the right but not the obligation to revise any insurance requirement,or reject any insurance coverage which fail to meet the criteria stated herein at any time. The City reserves the right to require ContractorNendor to provide and pay for any other insurance coverage the City deems necessary, depending upon the possible exposure to liability or loss. These insurance requirements shall not limit the liability of the ContractorNendor.The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the ContractorNendor's interests or liabilities, but are merely minimums. Construction Contract Form 106(9/2016) Office of Procurement Management Page 8 of 12 Workers'Compensation:Coverage is to apply for all persons fulfilling this contract for statutory limits in compliance with the law of the State of Florida and any applicable federal laws. The policy must include Employer'Liability with a limit of$1,000,000 each accident,$1,000,000 each employee,$1,000,000 policy limit for disease. The City will not accept certificates of exemption. Confirmation that Workers Compensation is provided for all persons fulfilling this contract,whether employed,contracted,temporary or subcontracted is required. Commercial General Liability:Occurrence Form Required. Contractor shall maintain commercial general liability(CGL)insurance with limits of not less than: • $5,000,000 each occurrence for bodily injury and property damage • $5,000,000 general aggregate(must apply Per Project) • $5,000,000 products completed operations aggregate • $1,000,000 personal&advertising injury No exclusion shall apply to: premises,independent contractors,contractual liability,or property damage resulting from explosion,collapse or underground(XCU)exposures. Commercial Automobile Liability: Contractor shall maintain automobile liability insurance with a limit of not less than$2,000,000 each occurrence for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto fulfilling duties under this agreement(including owned,hired,and non-owned autos). The policy shall provide contractual liability coverage. Professional Liability/Malpractice/Errors or Omissions: Licensed design-build professional work such as that provided by architects,engineers,etc.shall maintain professional liability or malpractice or errors or omissions insurance with limits of$2,000,000 per occurrence. If claims- made the retro date shall be prior or equal to the effective date of any contract with the City. The coverage shall be renewed or include a"tail"or Discovery,or continuous renewal of coverage for a period of 3 years following the completion of the project. Pollution/Environmental Impairment Liability Coverage: Pollution/environmental impairment Liability insurance is to be purchased to cover pollution and/or environmental impairment which may arise from this agreement or contract. Coverage will be provided for to non-owned disposal sites utilized for this project. The recommended minimum coverage is $5,000,000.The coverage period shall be extended beyond the date of the completed project,until the expiration date of the performance bond. If claims-made the retro date shall be prior or equal to the effective date of any contract with the County. The coverage shall include a"tail"or Discovery,or continuous renewal of coverage for a period of 3 years following the completion of the project. Umbrella or Excess Liability insurance can be utilized to provide the required limits. Coverage shall be"following form"and shall not be more restrictive than the underlying insurance policy. coverages,including all special endorsements and City as Additional Insured status. Special Requirements:Certificate of Insurance shall confirm in writing that all applicable provisions apply. Construction Contract Form 106(9/2016) Office of Procurement Management Page 9 of 12 Evidence of Insurance: A copy of the Contractor/Vendor's current certificate of insurance MUST be provided with the response to this bid. A formal certificate shall be provided upon announcement that a Contractor has been awarded the work. The Certificate(s)shall be signed by a person authorized by that insurer to bind coverage on its behalf. All Certificates of Insurance must be on file with and approved by the City before commencement of any work activities.The formal insurance certificate shall also comply with the following: Additional Insured: "City of Miami Gardens and its Elected Officials,Agents, Representatives,Employees,and Volunteers"shall be named as an"Additional Insured" on all policies except Worker's Compensation and Professional Liability. Additional Insured coverage shall be provided with the following ISO forms or similar policy provisions providing equal to or broader than coverage: One of the following forms or its equivalent: CG 2026(Additional Insured—Designated Person or Organization)OR CG 2010(Additional Insured-Owners Lessees Contractors)OR CG 2038(Additional Insured-Automatic Status). AND,if products or completed operations exposure: CG 2037(Additional Insured-Completed Operations). The ContractorNendor is required to continue to purchase products and completed operations coverage to satisfy this agreement for a minimum of three years beyond completion of the work. Notification: The policy shall provide a 10-day notification clause in the event of cancellation,non-renewal,material modification,or any other lapse in coverage of the policy. In the event the insurance policy does not provide such notification,Contractor shall provide notification to the City. In the event the insurance coverage expires prior to the completion of the project,a renewal certificate shall be delivered to the City 10 days prior to said expiration date. Primary&Non Contributory This Insurance shall be considered primary to any other insurance. Coverage shall be provided with the following ISO form or similar policy provision providing equal to or broader than coverage: CG 2001 (Primary and Noncontributory—Other Insurance Condition). Waiver of Subrogation All of Contractor's insurance policies,except Professional Liability,will waive rights of recovery against the City. Coverage shall be provided with the following CGL ISO form or similar policy provision providing equal to or broader than coverage: CG 2404 (Waiver of Transfer of Rights of Recovery Against Others to Us). Subcontractors'Compliance: It is the responsibility of the contractor to insure that all subcontractors comply with all insurance requirements. Construction Contract Form 106(9/2016) Office of Procurement Management Page 10 of 12 Financial Stability: The policies of insurance shall be written on forms acceptable to the City and placed with insurance carriers authorized by the Insurance Department in the State of Florida. All insurance carriers must meet a minimum financial AM Best company rating of no less than:"A-Excellent:FSC VII.City reserved the right but not the obligation to reject any insurer providing coverage due to poor or deteriorating financial condition. 7.17 Florida Public Records Act: All material submitted regarding this bid becomes the property of the City. Bids may be reviewed by any person ten(10) days after the public opening. Bidders should take special note of this as it relates to any proprietary information that might be included in their offer. Any resulting contract may be reviewed by any person after the contract has been executed by the City.The City has the right to use any or all inforination/material submitted in response to this bid and/or any resulting contract from same.Disqualification of a bidder does not eliminate this right. To the extent required by law, Contractor shall comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically, Contractor agrees to comply with Section 119.0701, Florida Statutes. Public records shall mean all documents,papers,letters,maps,books,tapes,photographs,films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics,or means of transmission,made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency,as defined in Section 119.011,Florida Statutes, as amended. The City shall make the sole determination of which records,if any,are exempt from inspection. Further, as pursuant to Section 119.0701,Florida Statutes, Contractor agrees to maintain the records until the completion of the contract. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE . APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 18605 Northwest 27th Avenue, Miami Gardens, Florida 33056. Construction Contract Form 106(9/2016) Office of Procurement Management Page 11 of 12 IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed as follows: WITNESSES: CONTRACTOR: Print Name: L Print Name: Title: r e-:>" L�-te Seal: ATTEST: CITY 4NHENS k� i Cler C' Man her APPROVED FORM: TY Attorney Dated: Construction Contract Form 106(9/2016) Office of Procurement Management Page 12 of 12 METRO-7 OP ID: MZ CERTIFICATE OF LIABILITY INSURANCE DA02/2412017TE Y) 02/24/2017 ` THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kahn-Carlin&Company,Inc. NAME: 3350 S.Dixie Highway a/CON o Et):305-446-2271 FAX No):305-448-3127 Miami,FL 33133-9984 E-MAIL ADDRESS:certificates@kahn-carlin.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich-American Insurance Co 16535 INSURED Metro Express,Inc. INSURERB:American Guarantee$Liab Ins 26247 9442 NW 109th Street Suite 100 Medley,FL 33178 INSURER c:North River Insurance Co. 21105 INSURERD:Bridgefield Employers Ins Co 10701. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR P LICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 1,000,00 EACH OCCURRENCE $ CLAIMS-MADE OCCUR X X GL00184185-01 09/1212016 09/22/2017 PREMISES Ea occurrence $ 300,00 X XCU Included MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a JET LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea aBIINED SINGLE LIMIT ccident) $ 1,000,00 B X ANY AUTO X X BAP 0184184-01 09/12/2016 09/22/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY IN,;URY(Per accident AUTOS AUTOS ) $ X HIRED AUTOS N NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,00 C EXCESS LIAB CLAIMS-MADE X X 5811073434 09/12/2016 09122/2017 AGGREGATE $ 6,000,000 DED X RETENTION$ 0 $ PER OTH- � - - ANDEMPLOYERS'LIABILITY X STATUTE ER D ANY PROPRIETORIPARTNER/EXECUTIVE YIN X 830.38388 09/22/2016 09/22/2017 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? ❑N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additlonal Remarks Schedule,may be attached if more space Is required) Project No: 15-15-039(A) Sidewalk Replacement and Installation. **SEE NOTEPAD** CERTIFICATE HOLDER CANCELLATION MIAM-18 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Gardens ACCORDANCE WITH THE POLICY PROVISIONS. 18605 NW 27th Avenue Miami Gardens,FL 33056 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE MIAM-18 METRO-7 =02J/2412017 INSUREDS NAME Metro Express,Inc. OP ID:MZ Date The Certificate Holder and its Elected Officials, Agents, Re resentatives, mployyeees, and volunteers are Additional Insured with respeNs to General Liability on a primary and non-contributory basis, including ongoing and completed operations. As well as, Additional Insured with respects £o Auto Liability: Waiver of Subrogation is granted in favor of the Additional Insured with respects to General Liability, Auto Liability and Worker's Compeasation. Umbrella follows form. 30 days' notice of cancellation applies, except 10 days' for non-payment. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule *Blanket Waiver of Subrogation Applies* This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared:July 7, 2016 Carrier:Bridgefield Employers Insurance Company Effective Date of Endorsement:September 22, 2016 Policy Number:830-38388 Countersigned by: Insured: Metro Express Inc WC 00 03 13 (Ed. 4-84) "Includes copyright material of the National Council on Compensation Insurance,Inc.used with its permission.Copyright 1984 NCCI" Policy Number:GL00184185-01 Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff.Date of End. Producer Addl Prem Return Prem. $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement,which is executed before a loss,to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY. U-GL-925-B CW(12/01) Page 1 of I C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable;and 3. A request for defense and indemnity of the claim or "suit'will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV—Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance;and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section 111—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. IMI Solicitation No.TTB 15-16-039(A) Addendum No.2 c, November 14,2016 City of Miami Gardens Office of Procurement Management 18605 NW 27'h Avenue Miami Gardens,FL 33056 NAME OF COMPANY:. ,- - EXHIBIT 1-BID SHEET ALL LINE ITEMS MUST BE COMPLETED AND MUST REFLECT BALANCED BCD AMOUNTS. FAILURE TO COMPLETE THIS BID SHEET AS REQUESTED WILL RESULT IN BID REJECTION. Failure to use the City's pricing sheet page and provide costs as requested in this ITB shall deem your proposal non-responsive.Contract will be awarded to responsive responsible vendors) See Section"2 3 Method of Award"for award criteria. ITEM UNIT OF ESTIMATED TOTAL PRICE NO. DESCRIPTION MEASURE ANNUAL UNIT PRICE (ESTIMATED ANNUAL (UOM) QUANITITY (Price per UOM) QUANITiTY X UNIT PRICE=TOTAL PRICE Furnish all materials, labor & equipment to Remove to be saw- cut & Replace 4" thick 3000 PSI 1 min. un-reinforced sidewalk & �3! compact base 95% min, Sq.Yd. 46,OU0 S - it o�� (includes restoration-clean fill to avoid gaps) damaged sod replaced at Contractor's expense Furnish all materials, labor & equipment to Remove to be saw- cut& Replace 6" thick 3000 PSI 2 min. un=reinforced sidewalk &/o Sq.Yd. 16,000 $ $ �j�yt0[ .� compact base 95 min. (includes restoration-clean fill to avoid gaps) damaged sod replaced at Contractor's expense Furnish all materials, labor & equipment Install New 4" thick 3000 PSI min. un-reinforced sidewalk & compact base 95% 3 min. (includes clearing & Sq.Yd.grubbing, removal & disposal of dirt, grass etc. & restoration at Contractor's expense) damaged sod replaced at Contractor's expense : 1 Page 6 of 13 Solicitation No. ITS 15-16.039(A) Addendum No.2 u v November 14,2016 u City of Miami Gardens Office of Procurement Management 18605 NW 271h Avenue Miami Gardens,FL 33056 ITEM UNIT OF ESTIMATED TOTAL PRICE NO. DESCRIPTION MEASURE ANNUAL UNIT PRICE (ESTIMATED ANNUAL (UOM) QUANITITY (Price per UOM) OUANITITY X UNIT PRICE=TOTAL PRICE Furnish all materials, labor & equipment Install New 6" thick 3000 PSI min. un-reinforced sidewalk & compact base 95% ! r� 4 min. (includes clearing & Sq. Yd. 10.000 J$ —12 •�� $ �2 00 grubbing, removal & disposal of dirt, grass etc. & restoration at Contractor's expense) damaged sod replaced at Contractor's expense Furnish, Compact, & Install Lime Rock to min. 95% compaction to avoid settling. When elevationis too l Fill 5 ow. Cubic 1'd. 200 $ Z a o $ L OD Uo any gaps between new sidewalk ��. installation and existing elevation. Delivery ticket must be provided for payment Furnish all materials, labor & equipment to Remove& Renlace concrete Type "D" Curb including drop curb, transitions, & reconstruction of base 6 (includes clearing, grubbing, & Linear Ft. 500 fill, sod to replace damaged 9, .o. grass, removal & disposal of existing curb, dirt, grass etc. & restoration at Contractor's expense). Furnish all materials, labor & equipment to Install New concrete Type I'D" Curb including drop curb, transitions, & construction of base (includes clearing, grubbing,& fill,sod to \ 7 replace damaged grass, removal Linear Ft. 500 $ /�. OD $ & disposal of dirt, grass etc. & . Oo_ restoration at Contractor's expense) including fil. Damaged sod replaced at contractor's expense. i I 1 Page 7 of 13• a Bid Sheet 2 of 7 b f �IAAIIr Solicitation No. 11'13 15-16-039(A) Addendum No.2 ' November 14, 2016 l n City of Miami Gardens Office of Procurement Management 18605 NW 27`h Avenue Miami Gardens, FL 33056 ITEM UNIT OF ESTIMATED TOTAL PRICE NO. DESCRIPTION MEASURE ANNUAL UNIT PRICE (ESTIMATED ANNUAL (UOM) QUANITITY (Price per UOM) OUANITITY X UNIT PRICE=TOTAL PRICE Furnish all materials, labor & equipment to Remove& Repine concrete Tvae "F" Curb including drop curb, transitions, & reconstruction of base } S 8 (includes clearing, grubbing, & Linear Ft. 500 $ ` oo $ 1 a fill, sod to replace damaged grass, removal & disposal of existing curb, dirt, grass etc. & restoration at Contractor's expense). Furnish all materials, labor & equipment to Install New concrete Type "F" Curb including drop curb, transitions, I 9 & construction of base (includes Linear Ft. 100 $ oD 5 �Oy °a clearing, grubbing, & fill, sod to replace damaged grass, removal & disposal of existing curb, dirt, grass etc. & restoration at Contractor's expense). Furnish all materials, labor & equipment to Remove& Renlacc concrete "Valley-nutter" including drop curb, transitions, & reconstruction of base Q 10 (includes clearing, grubbing, & Linear Ft. 200 $ ( I Oa $ l Sd0 o0 fill, sod to replace damaged grass, removal & disposal of existing curb, dirt, grass etc. & restoration at Contractor's ex ense. Furnish all materials, labor & equipment to Install New concrete "Valley-gutter" including drop curb, transitions, & reconstruction of base y q 1 I Linear Ft- S00 $ t I �f� 9 S-W 00 (includes clearing, grubbing, & $ i fill, sod to replace damaged grass,removal&disposal of dirt, grass etc. & restoration at Contractor's expense. Page 8 of 13 Bid Sheet 3 of 7 l Solicitation No.ITB 15-16-039(A) Addendum No.2 ' November 14,2016 City of Miami Gardens _ Office of Procurement Management 18605 NW 27'h Avenue Miami Gardens, FL 33056 ITEM UNIT OF ESTIMATED TOTAL PRICE NO. DESCRIPTION MEASURE ANNUAL UNIT PRICE (ESTIMATED ANNUAL ((IOM) QUANITITV (Price per UOiM) OUANITITY X UNIT PRICE=TOTAL PRICE 12 Right-of-Way Survey(to Linear Ft. 18,000 $ , 5� $ �p�. a0 establish property lines). Tree Removal Dia. @ breast Each 4 $ l oo. °o $ q00. -O hgt. 4.5' above 0"to 8" grade Cont. (includes V to 18" Each 4 $ Zoo ao $ � restoration — 00 clearing & 13 grubbing, removal of 18"to 30" Each 4 0 Lam. debris, excavation & backfilling) damaged sod 30 replaced at "+ Each 3 $ ��QO©• g> $ _:Dr p©p . o0 Contractor's expense. Live Oak Fla. #1 10'-12' overall height (includes restoration - clearing & grubbing, removal of Each 1 $ (/W. ao 14 debris,excavation& backfilling). Damaged grass to be replaced $ �� with sod at Contractor's0-0 expense. Mahogany Fla.#I 10'-12' overall height (includes restoration - is clearing & grubbing, removal of Each 1 S CP©t-. oo $ �)o• o debris,excavation& backfilling). Damaged grass to be replaced with sod at Contractor's expense Crape Myrtle Fla. #1 10'-12' overall height (includes restoration - clearing & grubbing, removal of debris, 16 excavation & backfilling). Each 1 $ lfj 0D• 00 Damaged grass to be replaced with sod at Contractor's expense. Page 9 of 13 Bid Sheet 4 of 7 Solicitation No.ITB 15-16-039(A) a k�� Addendum No.2 November 14,2016 V 1: City of Miami Gardens TM Office of Procurement Management 18605 NW 27`i'Avenue Miami Gardens, FL 33056 ITEM UNIT OF ESTIMATED TOTAL PRICE NO. DESCRIPTION :MEASURE ANNUAL. UNIT PRICE (ESTIMATED ANNUAL (UOM) QUANITiTY (Price per UOM) OUANITHS,x UNIT PRICE=TOTAL PRICE Curb Cuts(includes restoration). 17 Each 20 $ o'o $ t (D C)©.� Furnish all materials, labor & equipment to Relocate Chain Link Fence (includes 18 Linear Ft. 200 . ©o $ t dO 42o restoration). Damaged grass to be replaced with sod at Contractor's ex ense. Furnish all materials, labor & equipment to Install New 4' Chain Link Fence, disposal of 19 existing fence (includes Linear Ft. 200 20- o o S LIB oo restoration)damaged grass to be replaced with sod at Contractor's expense. Furnish all materials, labor & equipment to construct 1.5" Type III Asphaltic Concrete 20 surface including Tack Coat to Sq, Ft. 1140 - oo , I�� �b repair existing driveway approaches. Damaged areas during installation replaced at !f Contractor's ex ense. Furnish all materials, labor & equipment to place Detectable n 21 Warning Surface for pedestrian Sq. Ft. 350 2�•Op �� ,oo crossings/cast-in-place typeLvellow. f Furnish all materials, labor & 22 equipment to Relocate PVC Linear Ft. 100 $ /�. �� $ 1, •ao Lines—2"diameter. Furnish all materials, labor & / 23 equipment to Install new PVC Linear Ft. 20 2 w. +oo Lines Sch.40. Furnish all materials, labor & 24 equipment to Install new Each 10 Go• esa j Irrigation Heads (4" pop-up oo OD head w/max 15'spray radius), i Furnish all materials, tabor & equipment to Relocate/reset �/ oo �7 25 existing Signs. Each 2Q ` 0• G j I I Page 10 of 13 Bid Sheet 5 of 7 ��ta+nrt Solicitation No.in 15-16-039(A) Addendum No.2 K. November 14,2016 City of Miami Gardens Office of Procurement Management 18605 NW 27"'Avenue Miami Gardens,FL 33056 ITEM UNIT OF ESTIMATED TOTAL PRICE NO. DESCRIPTION MEASURE ANNUAL UNIT PRICE (ESTIMATED ANNUAL (UOM) QUANITITY (Price per UOM) OUANITITY X UNIT PRICE=TOTAL PRICE Furnish all materials, labor & equipment to Raise Utilities 26 Access(includes sewer cleanouts, Each 50 $ 180• oo $ �i Ogg water meters, manholes, water values). Furnish and install concrete water meter boxes to replace 27 existing broken boxes in Each 20 $ 20D. oo $ r oQ sidewalk slabs being replaced. Furnish all materials, labor & / 28 equipment to Pressure clean Sq.Ft. 500 Brick Pavers& Paver Blocks. Furnish all materials, labor & 29 equipment to Pressure clean 500 $ /' 0c) Concrete Sidewalks. Sq. Ft. mD $ Furnish all materials, labor & equipment to install St. Augustine "Floratam" or Bahia sod on areas authorized by City. 30 (includes grading, clearing, Sq. Ft. 4,000 $ 0. 80 $ �200• o b grubbing & disposal of material) This item is not for Damaged areas during installation by Contractor. 31 12"Root Bio Barrier Linear Ft. 200 $ 0-0 ESTIMATED ANNUAL TOTAL LINE ITEMS NO.1 -31 BID PRICE SUM OF TOTAL PRICE ) t/p�_0, ot> The above proposals and each line item includes the total cost to complete the Work detailed for each item including but not limited to materials(i.e.vegetation,concrete,asphalt,etc.),labor,equipment,bonds,etc. indicated in the drawings,specifications,addenda,and any other contract documents. Delivery MUST be FOB destination; freight included and shall be inclusive of all costs.Current and/or anticipated j applicable fuel costs should be considered and included in the bid. i I Page 11 of 13 Bid Sheet 6 of 7 r�ta� tip Solicitation No. ITB IS-16-039(A) Addendum No.2 November 14.2016 Citv of Miami Gardens Office of Procurement Management 18605 NW 27`h Avenue Miami Gardens,FL 33056 Be sure to have the Invitation for Bid signed by an authorized representative of your firm or your bid will not be considered responsive. L BID SUBMITTED BY: �C��1 N Company Name Proposer Representative Name Signature Pilo ne 23D Fax:c Email: y Page 12 of 13 Bid Sheet 7 of 7 E