HomeMy WebLinkAboutR-2020-016 City Authorizing to Execute a Renewal of the Existing Agreement for Construction Services for Concrete & Asphalt Repair & Reconstruction Within City Road Rights-of-Way by Metro Express, In RESOLUTION NO. 2020-016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A RENEWAL OF THE EXISTING AGREEMENT FOR
CONSTRUCTION SERVICES FOR CONCRETE AND ASPHALT REPAIRS
AND RECONSTRUCTION WITHIN CITY ROAD RIGHTS-OF-WAY BY
METRO EXPRESS, INC. UNDER THE SOUTHEAST FLORIDA
GOVERNMENTAL COOPERATIVE GROUP INVITATION TO BID NO. ITB
15-16-039 (A), VALID FEBRUARY 24, 2020 THROUGH FEBRUARY 23,
2021, IN AN AMOUNT THAT WILL EXCEED THE ANNUAL VENDOR
THRESHOLD AMOUNT OF TWENTY FIVE THOUSAND DOLLARS
($25,000.00) EACH YEAR THE CONTRACT IS IN PLACE AND
AUTHORIZING SUCH PURCHASES THAT ARE TO BE MADE WITHIN
THE DEPARTMENTS' APPROVED ANNUAL BUDGET APPROPRIATIONS;
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 she 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 $25,000.00; and
WHEREAS, the City is requesting a renewal of the City of Miami Gardens contract ITB
No. 15-16-039 (A) with Metro Express, Inc., for sidewalk replacement materials, sidewalk
construction services, and concrete and asphalt repair material dated February 24, 2020 through
February 23, 2021, under the terms of the Southeast Florida Governmental Cooperative
Invitation to Bid Contract No. ITB 15-16=039 (A), which provides for four (4) one (1) year
renewal options, subject to approval of both the City of Miami Gardens and Metro Express Inc.;
and
WHEREAS, the City of Miami Gardens has renewed the existing Agreement for a term
from February 24, 2020 through February 23, 2021, a copy of which Agreement is attached as
Exhibit"A" and is incorporated into this Resolution by this reference; and
WHEREAS, The City of Miami Gardens will proceed with the Agreement for the
optional four(4) year renewal with no increase in cost; and
WHEREAS, City Administration recommends the existing agreement with Metro
Express, Inc. be renewed to provide sidewalk replacement, sidewalk constructions services,
concrete and asphalt repair material services; and
WHEREAS, Metro Express, Inc. expenditures are anticipated to exceed the City vendor
threshold of Twenty Five Thousand Dollars ($25,000.00);
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 to be true
and correct and they are made a part of and are incorporated into this Resolution by this
reference.
Section 2. That the proper City officials are authorized to execute a renewal
Agreement of an existing Agreement with Metro Express Inc., for sidewalk replacement and
installation, a copy of which renewal document is attached as Exhibit `B" and is incorporated
into this Resolution by this reference.
Section 3. That all Departments' purchases for Metro Express Inc. shall be subject to
and made within the respective Departments' approved annual budget appropriations and will
exceed the annual fiscal year vendor threshold of Twenty-Five Thousand Dollars ($25,000.00)
each year the contract is in place.
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 take effect immediately upon its passage and
adoption.
2 RESOLUTION#2020-016
PASSED AND ADOPTED on February 11, 2020.
ATTEST:
-Y
o y
THOMAS SCHNEIDER, CMC F�qe y�a MAOR ELLEN
CITY CLERK
[ISHE�
APPROVED TO FORM AND CORRECTNESS:
THO AS J. RO
CITY ATTORNEY
3 RESOLUTION#2020-016
RESOLUTION NO. 2019-258-3387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING A ONE-YEAR
RENEWAL OF ITB NO. 15-16-039(A) SIDEWALK
REPLACEMENT AND INSTALLATION ANNUAL
CONTRACT FOR THE BUDGETED AMOUNT, PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, part of the Citizen's Independent Transportation Trust (CITT),
People's Transportation Plan — 1/2Cents Transportation Tax (PTP) is to install new
sidewalks compliant with the Americans with Disability Act (ADA) which the City of
Miami Gardens("City") Public Works Department does on an as needed basis., and
WHEREAS, on October 17, 2016, Invitation to Bid (ITB) No. 15-16-039(A),
Sidewalk Replacements & Installation Annual Contract Rebid was solicited via BidSync,
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. was deemed the lowest responsive and responsible bid, and
WHEREAS, on February 8, 2017, under Resolution Number 2017-28-3133, City
Council approved the award of Invitation To Bid (ITB) No. 15-16-039(A), Sidewalk
Replacements & Installation Annual Contract Rebid to Metro Express, Inc. and
authorized 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,
WHEREAS, the current contract allows for annual renewals for a one (1) year
period with an option to renew annually for four(4) one (1) year periods with this as the
third Ord)contract renewal, and
WHEREAS, Fiscal Impact Funding is available from the Transportation Fund
account number 100-41-05-541-630-15 from CITT for multiple projects, and
WHEREEAS, City Staff recommends that the City Council approves the City
staffs Recommendation for the third renewal of Invitation To Bid No. 15-16-039(A),
Sidewalk Replacement & Installation Annual Contract Rebid to Metro Express, Inc. and
authorizes the City Manager to issue purchase orders on an as needed basis not to
exceed the 2020 allocated budget for the replacement and installation of sidewalk
replacement,
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.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes a one-year renewal of ITB No. 15-16-039(A) sidewalk replacement
and installation annual contract for the budgeted amount
Section 4: 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 DECEMBER 11, 2019.
Page 2 of 3
Resolution No.2019-258-3387
OLIVE'tr-GILBERT, 111, MAYOR
ATTEST:
A
MARIO kATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by:
Seconded by: 6C1"k>CT-LL.P0Mt2� 0'30e"*1
VOTE: � -d
Mayor Oliver Gilbert, III X. (Yes) —(No)
Vice Mayor Rodney Harris x (Yes) —(No)
Councilwoman Katrina Wilson (Yes) —(No)
Councilman Erhabor Ighodaro, Ph.D. X (Yes) —(No)
Councilwoman Lillie Q. Odom x (Yes) —(No)
Councilman Reggie Leon e (Yes) (No)
Councilman David Williams Jr X (Yes) (No)
Page 3 of 3
Resolufion No.2019-2%3387
U)�
Cityof ZdmzGardens
October 22, 2019
Oliver Gilbert
Mayor Delio Trasobares
Metro Express, Inc.
Rodney Harris 9442 NW 109th Street
Vice Mayor Medley, FL 33178
deliogmetroexpresscorp.com
Erhabor Ighodaro, Ph.D.
Council Member NOTICE OF INTENTION TO RENEW CONTRACT
Reggie Leon RE: ITB No. 15-16-039(A) Sidewalk Replacement and Installation
Council Member
Dear Vendor,
Lillie Q. Odom.
Council Member The City Staff is recommending approving the renewal of the above referenced
contract for a one (1) year term. The same terms and conditions and pricing of the
David Williams, Jr. current contract will be applied to the extended contract. This is the third(3rd) renewal
Council Member of four(4) renewal options.
Katrina Wilson In anticipation of the renewal of the contract with Metro Express,Inc.,please sign
Council Member below indicating your intention and send back to my attention within two (2)business
days.
The City looks forward to working with you and your company.
Latora Francis
Cameron D. Benson Latora Francis, Senior Procurement Officer
City Manager Office of Procurement Management
Mario Bataille, CMC ,
City Clerk � 1 Intend to renew contract until 2/8/2021
Vendor Signature
Sonja K Dickens
City Attorney
Do not intend to renew contract until 2/8/2021
Vendor Signature
18605 NW 27'h Avenue•Miami Gardens,Florida 33056•Tel:(305)914-9010•Fax: (305)622-8001 •www.miamigardens-fl.gov
CRY OF MiAMI GARDENS
OFFICE OF PROCUREMENT MANAFGEMENT
VENDOR PERFORMANCE EVALUATION
Contract/Agreement No.iTB No. 15-16-039(A) Contract/Project Tale Sidewalk Replacement/installation-Annual
Vendor/Contractor/Consultant Name Metro Express, Inc. Phone 786-319-7647
Award Amount Annual Contract Change Order/Amendments No of Total Cost Approx 800,000.00
Recommended for future contracts To be completed by the Purchasing Division Numerical
If other than Yes,provide detailed Yea No score
explanafion as attachment 1 4.5
Overall Rating
Unsatisfactory(1.0.1.8) 1 Poor (1.81-2.59) 1 Fair(2.60-3.19) 1 Good (3.20-4.49) 1 Excellent(4.50-5.00)
CITY CONTACT INFORMATION
Print Name&Title: Leslie Pettit Public Works Cily En 'near Telephone:
Email: Date
Lpettit@miamigardens-tl.gov I0/28/19
EVALUATION CRITERIA
This evaluation provides an indication of the vendors'ability to Implement a practical,accurate,complete and cost conscious service/project For each
item,please provide a numerical score from 1 to 5,in accordance to the performance rating scale.Select N/A if the criteria does not apply to this
evaluation.Reviewer comments must be entered for a ratin of 1 2 or 5.
THE FOLLOWING SC IS USED VEL NTR E BY THE VENDOR, 3 A ,C N R TO
THE CONTRACT.
1-Unsatisfactory Performance:Service/Project had multiple,significant issues which the(vendor,contractor,consultant)provided no assistance to
resolve and that resulted in substantial time,poor service and cost impacts:
2-Poor Performance:Servicail roject had several issues which the(vendor contractor consultant)provided limited assistance to resolve and that
resulted in signficant time and cost impacts;
3-Fair Performance:Service/Project had some issues which the(vendor,contractor,consultant)pursued to resolve and that resulted in acceptable time
and/or cost impacts;
4-Good Performance:Service/Project had some mirror issues which the(vendor,contractor,consultant)aggressively pursued to resolve and there were
minor time or cost impacts related to the contractors performance;
5-Excellent Performance:Service/Project had no time or cost impacts related to(vendor,contractor,consultant)performance.
PERFORMANCE RATING SCALE(1-S)
L Cooperation with City staff as well as with Consultants 5,Metro has quickly fixed all out of spec.sidewalks with no questions.
2 Conformance with schedule of work pr ress and timeliness of completion 5,Metro installsnew concrete as soon as old concrete is removed.
3.)Conformance with contract specifkatton/drawings and other requirements
kited In the contract 5, Metro install new sidewalk per ADA requirements.
4.Quaky of finished work or service and cleanup 5, Sidewalks are finished professionally,
5.Cam of vendor erimenden%supervisors and workers 3.5,Superintendent is very good,but should improve on spoken English.
6.)Assist City staff In meetingprojection/service deadlines 55, Metro provides additional crews as needed.
7.Responsive to City stafftelephone calls and request in a timely manner 5,Metro is always available and responds to City requests.
S Validity of claims for extra costs 5,Unit price contract,works with City in a fair manner.
9.)Quality acuxacy timeliness of service,work schedule,reports,and records,
etc. 5, Crews show up on time ready to work.
10 Dam a/acddent/liabili documentation 4
21.)Control/coordinate with City staff regarding construction or service as �, Contractor can improve on the MOT during sidewalk work.
required in the contract 3, 9
12. Proactive participation in resolution of disputes 4
13 Damage/accident/liability documentation 4
14.)Change Order processing faccuracy.timeliness,documentation,etc.) NIA
15.)Did the vendor exercise adequate/effective coordination,and control of
work and paperwork? 1 5,Yes contractor provides invoices monthly.
City staff comments:
I look forward to working with Metro Express in the up coming year.
Supervisor s-i fwx PA7'711-
Name: signature: J r
APPROVED EVALUATION
�s
�w+l
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
IPiper@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 lfrancis@miamigardens-fl.gov
Telephone: 305-622-8000 Fax: 305-474-1285
City
•ZdmZ Gardens
I
r
Oliver Gilbert
Mayor February 23, 2017
Erhabor Ighodaro, Ph.D.
Vice Mayor Metro Express, Inc.
9442 NW 109`h 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 Tavlor, 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 33056•Tel:(305)914-9010•Fax:(305)622-8001 •www.miamigardens-fl.gov
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 2017.
OLIVER GILBERT, 111, MAYOR
ATTEST:
FWNETTA TAYLOR*MC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by: k*'e4s
sec.,-a-bj: PAV15
VOTE: '7—o
Mayor Oliver Gilbert, III V (Yes) —(No)
Vice Mayor Erhabor Ighodaro, Ph.D. V (Yes) (No)
Councilwoman Lisa C. Davis ✓ (Yes) —(No)
Councilman Rodney Harris (Yes) (No)
Councilwoman Lillie Q. Odom (Yes) —(No)
Councilwoman Felicia Robinson —7-(yes) —(No)
'—Councilman David Williams Jr it (Yes) — (No)
2
18605 NW 27 Avenue
` Miami Gardens,Florida 33056
City of Miami Gardens
Agenda Cover Memo
# w
Council Meeting Date: February 8,2017 Item Type:
X
r'
Fiscal Impact: 'M Ordinance Reading: g
X Public Hearing:
Funding Source: Advertising Requirement:
X
Contract/P.O.Required: RFPjRFQ/Bid I#: ITB No.15-16-1139(A)
X Sidewalk Replacement and
Installation Annual Contract
Rebid
Strategic Plan Related Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
X specific objective strategy this item will address)
Enhance Organizational
Bus.&Economic Dev p
Public Safety Q
Quality of Education o
Qua].of Life&City Image
Communication ED
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 NOTTO EXCEED THE ALLOCATED BUDGETED AMOUNT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING FOR AN EFFECTIVE
DATE.
x 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 — l 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-I0
SIDEWALK REPLACEMENT
18605 NW 27 Avenue
Miami Gardens,Florida 33056
On June 29, 2016, Invitation to Bid (ITS) 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 Sid (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 (ITS) 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 ITS. 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 (ITS) 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.
rr
# y 4
.` s
Exhibit 1: Bid Tabulation
Exhibit- 1
rrB No.IS-16-039A �+k`"=r?:,y Date ITB Posted:10/17/16
Bid Title:Sidewalk Replacement&Installation Annual Contract Rebid r. Date ITB Opened:11/28/2016
Dept.:Public Works,Engin.Division Bid Submittals: 3
Purchasing Agent: Scott Shaw Declinations: 0
Metro Ei ress.Inc- Pioneer Construction P Providian Construction Group Inc.
Medley,FL Management FL Sunrise,FL
e c m In
Miatati,FL
Unit of Fztimated Unit Price licit Price
Item Description Measure Annual Price
P ( per Total Prig (Prke PK Total Price Unit Price(Price '['Dial Price
(UOM) Quantity UOM) UOM) per UOM)
Furnish all materials,labor&
equipment to Remove to he
saw-cut&Replace 4"thick
3000 PSI min.un-reinforced
I sidewalk&compact base 95%
min.(includes restoration-
clean Lill to avoid gaps)
damaged sod replaced at
Contractor's expense Square Yd 46000 S35 50 51,633,000.00 S35 55 81,635,300.00 $49?0 S2 263-200,00
Fumish 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 5684.000.00 544,i5 $712,800.00 $51 60 5825.6W 00
Furnish all materials,labor&
equipment Install New 4"
thick 3000 PSI min un-
reinforced sidewalk &
compact base 95%min.
3 (includes clearing&grubbing,
removal&disposal ofdirt.
grass etc.&restoration at
Contractor's expense)
damaged sod replaced at
Contractor's expense Square Yd. I80OU S35;0 5639,000.00 S40 US $720.900.00 S51 84 $933,120.00
Furnish all materials,labor&
equipment Install New 6"
thick 3000 PSI min on.
reinforced sidewalk &
compact base 95%min.
4 (includes clearing&grubbing,
removal&disposal ofdiri,
grass etc.&restoration at
Contractor's expense)
damaged sod replaced at
Contractor's expense Square Yd. 10000 S42 75 S427.SrXi 0U S49 05 $490.500.00 S56 70 5567 000 00
Furnish.Compact,&Install
Lime Rock to min.95%
compaction to avoid senling
When elevation is too low.
5 Fill any gaps between new
sidewalk installation and
existing elevation M-livery
ticket must be provided for
payment Cubic Yd 1 200 1 $12.00 j S2,4W.00 Do tN) S6.(X)O UU 5156 oO 531.20O 00
Page 1 of 4
Exhibit. 1
Furnish all materials,Labor&
equipment to Remove&
Replace concrete Type-D-
Curb including drop curb,
transitions,&reconstruction
ofbase(includes clearing,
grubbing,&fill,sod to replace
damaged grass,removal&
disposal of existing curb.dirt,
grass etc,&restoration at
Contractor's expense).
Li near Ft. 500 $18.00 S9,0t7tl_00 $19_00 $9,500_00 S56,70 $28,350.00
Furnish all materials,labor&
equipment to Install New
concrete Type"Y'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 fit.
Damaged sod replaced at
contractor's expense.
Linear Ft. 500 S18.00 S9,000(it) S18.00 $9,000 00 S34 80 $17,400.00
Furnish all materials,labor&
equipment to Remove&
Replace concrete Type"FF-
Curb including drop curb,
transrnons,&reconstruction
8 of base(includes clearing,
grubbing,&fill,sod to replace
damaged grass,removal&
disposal of existing curb,din,
grass etc.&restoration at
Contractor's expense).
Linear Ft. 500 S19.00 S9 00 00 S24_00 $I2,000_00 S37.20 $18,600.o0
Furnish all materials,labor&
equipment to Install New
concrete Type"F'Curb
including drop curb,
transitions,&construction of
9 base(includes clearing,
grubbing,&till,sod to replace
damaged grass,removal&
disposal of existing curb,din,
grass etc.&restoration at
Contractor's expense)
Linear Ft. 100 519 00 S1,900-00 530.00 33.000(k) $42 W $4,200, 0
Furnish all materials,labor&
equipment to Remove&
Replace concrete"Valley-
guttet including drop curb,
transitions,&reconstruction
10 of base(includes clearing.
grubbing,&filt sod to replace
damaged grass,removal&
disposal of existing curb,dirt,
grass etc.&restoration at
Contractor's expense_
Linear Ft 2000 $19.00 S3.800.00 S25-M S5,00000 S57,00 511.520.E
Page 2 of 4
Exhibit-1
Furnish all materials,labor&
equipment to Install New
concrete"Valley-gutter"
including drop curb,
transitions,&reconstruction
II ofbase(includes clearing,
grubbing,&fill,sod to replace
damaged grass,removal&
disposal ofdirt,grass etc.&
restoration at Contractor's
expense Linear Ft 5()0 S19OU S9,500.00 S21.00 S10,500.00 $59,00 $29,500,00
12 Right-of-Way Survey(to
establish property lines). Linear Ft 18000 50.50 S9,000-00 S0.70 S12.600,W S170 S48,500.00
Tree Removal Dia.n breast
hgt 4.5'above grade Cont. Each 4 S 100.00 S400.00 $200.00 $800.00 $780.00 $3.120.00
(includes restoration—clearing
&grubbing,removal of debris, Each 4 $200.00 S800.00 5450.00 $1,800.00 $1,320.00 $5280.00
13 excavation&backfilling)
damaged sod replaced at
Contractor's expense Each 4 $500.00 $2,000.00 S700.00 $2.900.00 $2,280.00 $9,120.00
Each 3 SLOOO.00 S3,000.00 S1,000.00 S3,000.00 $3,84000 S11,520.0()
Live flak Fla;I 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 I S600 00 S60000 S I,200 00 S 1,200 00 S750 00 $750 00
Mahoeany Fla.q 1 10%12'
overall height(includes
restoration-clearing&
li grubbing,removal of debris,
excavation&backfilling).
Damaged grass to be replaced
with sod at Contractor's
expense Fach I S")OU S600 00 S1,5(x)00) S1,500 00 S750 U0 S750-00
Crape Myrtle Fla 1110'-12'
overall height(includes
restoration-clearing&
16 grubbing,removal of debns,
excavation&backfilling).
Damaged grass to be replaced
with sod at Contractor's
expense. Each I S60000 S600.00 S1,500.00 $1,500.00 $755.00 $755.00
17 Curb Cuts(includes
restoration). Each 20 S50.00 $1.000.00 $100.00 $2,000.00 $150,00 S3,000.00
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 S 15 00 53 t(x)(x) S30 00 S6.(001H1 $$45 60 S9,120 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 Fi 200 S20.00 $4 000W $25 00 $5,000.00 S42.00 S8,4W 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 arras
during installation replaced at
Contractor's expense. Square Ft. 1 100 $27 00 S29,700.00 $6.50 $7,150,00 S26 44) $29,040.(X)
Page 3 of 4
Exhibit-1
Furnish all materials,labor&
equipment to place Delectable
21 Warning Surface for
pedestrian crossings east-m-
lace ty 'yellow, Souare Ft 350 $25.00 $8,750M $25,00 58,750.00 $58.80 520,580.00
Furnish all materials,labor&
22 equipment to Relocate PVC
Lines-2"diameter. Linear Ft. 100 $10.00 $1,0 .00 S10.00 $l,QQO.(x1 $25.00 $2SQO.W
Furnish all materials.labor&
23 equipment to Install new PVC
Lines SOL 40. Linear Ft_ 20 $10.00 $200DO $15.00 $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 S60.Q0 5600.00 $50.00 SSW.QQ 5125M $1,250,00
Furnish all materials,labor&
25 equipment to Relocater`reset
existing Signs, Each 20 $I00,00 $2,000M 550.40 SLOQ0.00 5135.00 $2,700.00
Furnish all materials,labor&
equipment to Raise utilities
26 Access(includes sewer
cleanouts,water meters,
manholes water }, Each 50 5180.00 S9,000' Q $200.00 $10.000,00 $1,920.00 596.000.00
Furnish and install concrete
water meter boxes to glace
27 existing broken boxes in
sidewalk slabs being replaced.
Each 20 5200.00 54,000.00 5500.00 SIOPOD.00 $900.00 518.000.00
Furnish all materials,labor&
28 equipment to Pressure clean
Brick Pavers&Parer Blocks.
Square Ft, 500 SIOO $500.00 SLOG 5500.00 SSAO 52,70000
29 Furnish all materials.labor&
i entto ttreclean uareFt 500 $1,00 $SC}{}.00 $1.Q0 $540.O0 $5.10 $2,SSQ.OtI
30 Furnish all materials,labor
ui ent to in MI St, Square Ft 4000 50.80 $3.200,00 $I:25 $5,000.00 S3.6Q $14,400.Q0
12"Pool Bio Barrier
31 Linear Ft- 200 $18.00 53,600.00 $12.00 S2,400.00 S7 20 51,440.O0
E ;MATED ANNUAL TOTAL PRICE 53,516,650 00 53,699,80ROO $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 day of ,20J by 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 1 C 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 shalt 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(901/6)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 ofthe 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 4of112
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 Qualifications: CONTRACTOR, and the individual executing this Contract on behalf of the
CONTRACTOR, warrants to the CITY that the CONTRACTOR is a Florida (corporation sole
proprietorship, etc.) in good standing, and that the CONTRACTOR has all the required licenses and
certifications of competency required by the State of Florida and the County of Miami-Dade to perform the
Work herein described. CONTRACTOR shall insure that all Sub-Contractors have all required licenses
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 27 b Avenue Address:9442 NW 109*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: 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
$5,000,000,The coverage period shall be extended beyond the date of the completed project,until
the expiration date of the performance bond. If claims-made the retro date shall be prior or equal
to the effective date of any contract with the County. The coverage shall include a"tail"or
Discovery,or continuous renewal of coverage for a period of 3 years following the completion of
the project.
Umbrella or Excess Liability insurance can be utilized to provide the required limits. Coverage
shall be"following form"and shall not be more restrictive than the underlying insurance policy
coverages,including all special endorsements and City as Additional Insured status.
Special Requirements:Certificate of Insurance shall confirm in writing that all applicable
provisions apply.
Construction Contract Form 106(9/2016)
Office of Procurement Management
Page 9 of 12
Evidence of Insurance: A copy of the Contractor/Vendor's current certificate of
insurance MUST be provided with the response to this bid. A formal certificate shall be
provided upon announcement that a Contractor has been awarded the work. The
Certificate(s)shall be signed by a person authorized by that insurer to bind coverage on
its behalf. All Certificates of Insurance must be on file with and approved by the City
before commencement of any work activities.The formal insurance certificate shall also
comply with the following:
Additional Insured: "City of Miami Gardens and its Elected Officials,Agents,
Representatives,Employees,and Volunteers"shall be named as an"Additional Insured"
on all policies except Worker's Compensation and Professional Liability.
Additional Insured coverage shall be provided with the following ISO forms or similar
policy provisions providing equal to or broader than coverage:
One of the following forms or its equivalent:
CG 2026(Additional Insured—Designated Person or Organization)OR
CG 2010(Additional Insured-Owners Lessees Contractors)OR
CG 203$(Additional Insured-Automatic Status).
AND,if products or completed operations exposure:
CG 2037(Additional Insured-Completed Operations). The Contractor/Vendor 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 informationtmaterial 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 H9.011,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
By:T4- -t . .`
Print Name: �`JLy�+�B Print Name:D-GA-, + 'k rw S o
Title:
Seal:
ATTEST: CITY-d6L i (C)' Man
ENSCler ger
APPROVED FORM:
t/qYTY Attorney
Dated:
Construction Contract Form 106(9/2016)
Office of Procurement Management
Page 12 of 12
RENEWAL TO AN AGREEMENT BETWEEN THE CITY OF DANIA BEACH,
FLORIDA AND METRO EXPRESS, INC., A FLORIDA CORPORATION, FOR
CONSTRUCTION SERVICES FOR CONCRETE AND ASPHALT REPAIRS
AND RECONSTRUCTION WITHIN CITY ROAD RIGHTS OF WAY, UNDER
THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING
COOPERATIVE GROUP ITB NO. 15-16-039(A).
This is a Renewal ("Renewal") to the Agreement dated January 8, 2018 ("Agreement"), which
Renewal is dated , 2020, between the City of Dania Beach, Florida, a Florida
municipal corporation ("City"), with its principal place of business located at 100 West Dania Beach
Boulevard, Dania Beach, Florida 33004 and Metro Express, Inc., a Florida corporation ("Contractor"),
with its principal mailing address of 9442 Northwest 109 Street, Medley, Florida 33178.
In consideration of the mutual covenants, terms and conditions contained in this Renewal, and
other good and valuable consideration, the adequacy and receipt of which are acknowledged and
agreed upon, the parties agree to the following:
1. The current Agreement, and any amendment(s) to it, under the Southeast Florida
Governmental Purchasing Cooperative Group ITB No. 15-16-039(A), between the
Contractor and with the City of Miami Gardens as lead agency, copies of which Invitation
to Bid ("ITB") and Agreement are attached as Exhibit "A", and made a part of and are
incorporated into this Renewal by this reference, shall be considered a part of this
Agreement between the City and the Contractor; provided, however, that if Contractor
contracts with any other governmental agency in Florida and service rates are lower than
those afforded to any city for these same services, then Contractor shall provide such lower
rates to the City.
2. The term of this Renewal shall be effective February 24, 2020 through February 23, 2021.
In addition, the City reserves the right to renew the Agreement for three (3) additional one
(1)year extensions providing that both parties agree in writing that all terms, conditions and
specifications remain the same, contingent upon approval by the City Manager.
3. That in all other respects,the terms of Exhibit"A" apply to this Agreement.
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IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and
year first written above.
CITY OF DANIA BEACH,FLORIDA,
a Florida municipal corporation
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
APPROVED AS TO LEGAL FORM
AND CORRECTNESS: ANA M. GARCIA, ICMA-CM
CITY MANAGER
THOMAS J. ANSBRO
CITY ATTORNEY
2
WITNESSES: CONTRACTOR:
METRO EXPRESS,INC. a Florida
corporation
Signature Signature
PRINT Name PRINT Name
Signature Title
Dated: , 2020
PRINT Name
STATE OF FLORIDA)
COUNTY OF )
The foregoing instrument was acknowledged before me by means of❑ physical presence or by
❑ online notarization, on , 2020, by as
of Metro Express, Inc., a Florida corporation, on behalf of the
corporation. He/she is personally known to me or has produced
as identification.
Notary Public, State of Florida
Print Name
My Commission Expires:
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