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HomeMy Public PortalAbout11-8237 C & I Construction and Design Inc for the Rehabilitation of Pump Station 1 and 2 Sponsored by: City Manager Resolution No. 11 -8237 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT WITH C&I CONSTRUCTION AND DESIGN,INC.,IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY TWO THOUSAND ONE HUNDRED FORTY-THREE DOLLARS AND EIGHT CENTS ($652,143.08), FOR THE REHABILITATION OF PUMP STATIONS 1 AND 2,PAYABLE FROM ACCOUNT NUMBER 35-535630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the rehabilitation of pump stations 1 and 2 must be completed by June 30, 2011; and WHEREAS, pursuant to Resolution No. 11-8216, three pre-qualified vendors were selected as a vendor pool, to seek competitive price proposals; and WHEREAS,pursuant to Resolution No. 11-8217,the City Manager was authorized to seek competitive price proposals from the three pre-qualified vendors; and WHEREAS,C&I Construction and Design Inc.,was the lowest most responsive vendor of the three pre-qualified bidders, who were selected pursuant to RFQ 11-18041200; and WHEREAS,C&I Construction and Design Inc., has made written commitments to meet the required deadline of June 30, 2011; and WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to enter into contract with C&I Construction and Design Inc., for rehabilitation of Pump Stations 1 and 2. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No 1 1 —R 2 3 7 Section 2. The City Commission of the City of Opa-locka, authorizes and directs the City Manager to enter into contract with C&I Construction and Design Inc., the lowest most responsive vendor, for rehabilitation of Pump Stations 1 and 2, in an amount not to exceed Six Hundred Fifty Two Thousand One Hundred Forty-Three Dollars and eight cents ($652,143.08), payable from Account Number 35-535630 per the proposal attached hereto as Exhibit "A", in a form acceptable to the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 1st DAY OF JUNE ,2011. YR AYLOR MAYOR Attest to: Approved s to fo and legal suffici- cy: ik,....■ 41 '1 . # 1 i I • De,,orah S. Irby �' 'Jo 11 ph . Geller Cit, Clerk I' Ci Attorney i J Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 4-1 Commissioner Holmes:YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: NO Mayor Taylor: YES 5786773 vl O' n9 9n OHGT E�/ MEMORANDUM TO: Mayor Myra L.Taylor Vice-Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus C issioner , Gail Miller / / FROM: arance at ers 1 , ity anag• DATE: May 20,2011 RE: Pump Station 1 & 2 Rehabilitation Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH C&I CONSTRUCTION AND DESIGN, INC. (C&I) IN THE AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY TWO THOUSAND ONE HUNDRED FORTY THREE DOLLARS AND EIGHT CENTS ($ 652,143.08)FOR REHABILITATION OF PUMP STATIONS 1 AND 2. C&I IS THE LOWEST AND MOST RESPONSIVE BIDDER OUT OF THE THREE PRE-QUALIFIED BIDDERS BASED ON RESULT OF AN RFQ PROCESS FOLLOWED BY REQUEST FOR QUOTATION. Description: The City entered into a Consent Agreement with DERM on October 7, 2009 to correct deficiencies in the operations of the Sanitary Sewer System. Part of the agreement addresses rehabilitation of the stations under moratorium to comply with DERM requirements. The City of Opa-locka pre-qualified three general contractors for the rehabilitation of pump stations 1 & 2 and subsequently received their bids as tabulated below: BIDDER BID AMOUNT TOTAL BID Pump Station 1 Pump Station 2 AMOUNT C & I Construction and Design, Inc. $ 312,825.44 $ 339,317.64 $ 652,143.08 H.A. Contracting Corporation $ 318,179.92 $ 348,551.74 $ 666,731.66 Metro Equipment Service, Inc. $ 380,300.00 $ 382,553.00 $ 762,853.00 Account Number: CIP FY2011 Financial Impact: The stations have approved funding in the FY 2011 budget plan. Legislative History: None. Implementation Timeline: The rehabilitation of the pump stations 1 & 2 must be completed by the end of June, 2011. Recommendation(s): Staff recommends C&I to be awarded the contract based on the bid amount comparison table in the description. As reflected in the comparison table C&I offers the lowest bid price and also made written commitment to meet the required June 30, 2011 deadline. The other two bidders would not be able to meet the required June 30, 2011 deadline. Awarding the contract to C&I for the rehabilitation of the pump stations 1 & 2 is in the best interest of the City per evaluation of the City Engineer. Analysis: Upon review of six submittals in response to RFQ process three firms were selected and rated according qualification and experience. C&I Construction and Design (C&I) was rated 1St, H&A Contracting Corporation (H&A) was 2nd, and Metro Equipment Services (MES) was 3rd. Subsequently upon review of all three quotes submitted C&I has the lowest quote and therefore is in 1st position, H&A has the 2nd lowest and is therefore in 2nd position, and MES has the highest bid of the three and is therefore in 3`d position. The procurement process being completed has revealed that on both instances C&I is best firm to be engaged for this project. Attachment: Copy of bid prices, and Schedule. PREPARED BY: Mohammad Nasir,PE,City Engineer,Public Works and Utilities END OF MEMORANDUM General Contractor `1' 15461 SW 170th Terrace,Miami,Florida 33187 " '"�-.. 1} Phone:(786)287-9903 Fax:(786)430-1747 Email:ciconstruction@netzero.com Construction&Design,Inc. May 12, 2011 City of Opa Locka Attn: Deborah S. Irby, City Clerk Office of the City Clerk 780 Fisherman Street, 4th Floor Opa Locka, FL 33054 RE: Lift Station#1 &#2 Rehabilitation Mrs. Irby, We appreciate the opportunity the City of Opa Locka is giving us by allowing our company to submit proposals for the above referenced projects. C&I Construction & Design, Inc. has completed similar projects in the past 8 years, and is capable of handling these two projects simultaneously. We have the equipment and manpower necessary to perform and deliver both jobs with an estimated completion date of June 30'2011. Sincerely. Carlos Maldonado President General Contractor *114 xo, ,, 15461 SW 170th Terrace,Miami,Florida 33187 C Phone:(786)287-9903 Fax.:(786)430-1747 • Email:ciconstruction@netzero.corn 1 Construction & Design, Inc. LIST ITEMSPUMP STATION # 1 1 Mobilization/Demobilization 1 LS $ 6,748.12 $ 6,748.12 2 Furnished and install new wet well and top slab with 1 EA $ 73,803.00 $ 73,803.00 acces hatch (hatch supplied by owner) 3 Furnished and install new manhole 1 EA $ 10,741.22 $ 10,741.22 4 Furnished and install new valve vault and top slab 1 EA $ 23,798.00 $ 23,798.00 with acces hatch (hatch supplied by owner) 5 Install new pumps (supplied by owner) 2 EA $ 4,632.58 $ 9,265.16 6 Install 6" DIP (Wet well, Valve Vault, Replacement 993 LF $ 30.88 $ 30,660.00 force main Pipe) 7 Furnished and install new 6" Check Valves& Pressure 2 EA $ 6,570.00 $ 13,140.00 Gauges 8 Furnished and install new 6" Plug Valves 4 EA $ 2,372.50 $ 9,490.00 9 Ductile iron fittings 1 LS $ 51,216.80 $ 51,216.80 10 Electrical work 1 LS $ 34,980.14 $ 34,980.14 11 By-pass installation, maintenance and removed 1 LS $ 5,840.00 $ 5,840.00 12 Dry Pit demolition and covert existing WW to MH 1 LS $ 19,710.00 $ 19,710.00 13 Install New Water services 1 LS $ 3,828.12 $ 3,828.12 14 Conection New 6"force maint to existing 1 LS $ 9,092.88 $ 9,092.88 15 Maintenance traffic 1 LS $ 2,190.00 $ 2,190.00 16 Landscaping(restauration sod and plants) 1 LS $ 1,460.00 $ 1,460.00 17 Site Restoration 1 LS $ 6,862.00 $ 6,862.00 TOTAL $ 312,825.44 Exclusions: Pumps, Control Panel, Scada, RTU, Base Pumps, Hatch, Cable Holding General Contractor ri., 11 , ` t ._ 15461 SW 170th Terrace,Miami,Florida 33187 \ Phone:(786)287-9903 Fax.:(786)430 4747 C ' I l Email:ciconstruction @netzero.coxn Construction&Design, Inc. LIST ITEMSPUMP STATION #2 'Item' Description IQuantitylUnitl Unit Price I Total 1 Mobilization/Demobilization 1 LS $ 5,685.06 $ 5,685.06 2 Furnished and install new wet well and top slab with 1 EA $ 74,476.50 $ 74,476.50 acces hatch (hatch supplied by owner) 3 Furnished and install new valve vault and top slab 1 EA $ 23,124.00 $ 23,124.00 with acces hatch (hatch supplied by owner) 4 Install new pumps (supplied by owner) 2 EA $ 3,902.79 $ 7,805.58 5 Install 6" DIP (Wet well, Valve Vault) 150 LF $ 237.80 $ 35,670.00 6 Furnished and install new 6" Check Valves & Pressure 3 EA $ 3,690.00 $ 11,070.00 Gauges 7 Furnished and install new 6" Plug Valves 5 EA $ 1,599.00 $ 7,995.00 8 Ductile iron fittings 1 LS $ 27,060.00 $ 27,060.00 9 Electrical work 1 LS $ 30,750.00 $ 30,750.00 10 Install Control Panel (Supplied by owner) 1 LS $ 15,990.00 $ 15,990.00 11 Demolition old fence and install new fence 1 LS $ 6,765.00 $ 6,765.00 12 By-pass installation, maintenance and removed 1 LS $ 4,920.00 $ 4,920.00 13 Dry Pit demolition and covert existing WW to MH 1 LS $ 16,605.00 $ 16,605.00 14 Install New Water services 1 LS $ 3,225.06 $ 3,225.06 15 Conection New 6"force maintto existing 1 LS $ 7,660.44 $ 7,660.44 16 Furnished and install Diesel Pump Building 1 LS $ 52,890.00 $ 52,890.00 17 Maintenance traffic 1 LS $ 1,845.00 $ 1,845.00 18 Site Restoration 1 LS $ 5,781.00 $ 5,781.00 TOTAL $ 339,317.64 Exclusions: Pumps, Control Panel, Scada, RTU, Base Pumps, Hatch, Cable Holding METRO EQUIPMENT SERVICE, INC. .: 7171 SW 62nd Ave.Miami,FL 33143 (305)740-3303 Office,(305)740-3305 Fax May 20,2011 City of Opa Locka 780 Fisherman Street, 4t1' Floor Opa Locka, FL 33054 Attention: Rose McKay, Purchasing Division Reference: Lift Stations No. 1 &2 Rehabilitation Dear Rose, We have assessed the project referenced above and have determined that our initial offer is the best price for this project. The prices are as followed: Lift Station #1 - $380,300,00 Lift Station#2- $382.553.00 We will be able to complete this project in 60 days substantial completion, and 90 days final completion from NTP. Please be advised that the lead time of some of the electrical components for the lift stations is 8-10 weeks. The lead time on the structures is 2-3 weeks. If it were not for the delay of the materials we would be able to complete this project in less time. We are confident if our proposal is accepted by the city,that we will complete this project efficiently and in a timely matter as we have all our projects for the past 24 years. If you have any questions please call me at the numbers below. Thank you, f Tor1 e-. Godoy President Metro Equipment Services 7171 SW 62nd Ave., Suite 502 Miami, FL 33143 (305) 740-3303 Office (305) 740-3305 Fax Opa Locka LS1 Q H. A Contractinct Corp DIVISION 1 -GENERAL CONDITIONS Qty Unit Unit Cost Total Performance BOND 1 0.75% $319,000.00 $2,392.50 Insurance _ 1 0.80% $319,000.00 $2,552.00 Supervisor 8 week $1,210.00 $9,680.00 PERMIT fees 1 Is $5,200.00 $5,200.00 Dumpsters 2 ea $380.00 $760.00 Environmental Protection 1 ea $500.00 $500.00 Temp toilet 0410 $196.00 • Field Office/Storage o 8.1 a $196.00 Backhoe,Crane, Excavator n/18.00' - I 0 $21,500.00 Asbuilt i 1.5+ $2,500.00 Testing by GC article 13 1 bid $1,300.00 $1,300.00 Subtotal DIVISION 2-SITE WORK MOT Barricade Rental 2 Month $350.00 $700.00 Demo 1 Is $5,050.00 $5,050.00 Site Prep/Temp fence 250 LF $6.75 $1,687.50 Repair asphalt road way&Base at LS1 169 SY $29.00 $4,897.78 Repair roadway at force main 444 SY $29.00 $12,888.89 Dewatering 1 Bid $1,500.00 $1,500.00 Sheet piling rental install,delivery&Pu 38 Tons $1,200.00 $45,600.00 Fill Removal 1 LS $800.00 $800.00 Sod/Restoration 1 LS $1,200.00 $1,200.00 FPL electric bill for by pass+-$400/month 2 month $400.00 $800.00 Mobilization 1 Is $1,500.00 $1,500.00 By pass pumps 1 Is $8,000.00 $8,000.00 Line Stops 1 Is $0.00 $0.00 Install pumps 1 Is $3,300.00 $3,300.00 set up by pass 1 Is $4,060.00 $4,060.00 Install piping 1 LS $6,050.00 $6,050.00 pipes and fittings 1 Is $20,567.00 $20,567.00 operate bypass 1 LS $10,780.00 $10,780.00 Convert old wet well 1 Is $2,750.00 $2,750.00 fillets 1'Is $2,120.00 $2,120.00 Cut coreing 1 Is $2,060.00 $2,060.00 Wet well&Vault with coating 1 Is $28,610.00 $28,610.00 Set Wet well&Vault 1 Is $9,570.00 $9,570.00 Misc material 1 Is $1,500.00 $1,500.00 Start up 1 Is $1,320.00 - $1,320.00 Gas/Fuel 1 Is $1,000.00 $1,000.00 Subtotal DIVISION 3-CONCRETE equip slabs, misc slabs 6" 200 sf $3.50 $700.00 1 new precast manhole 1 ea $4,347.00 $4,347.00 I Subtotal DIVISION 4-MASONRY !N/A I J I I I 1 H.A. Contracting Page 1 Opa Locka LS1 H. A Contracting Corp DIVISION 5-METALS N/A 2 ea $0.00 $0.00 Subtotal DIVISION 6-WOOD&PLASTICS IN/A DIVISION 7-THERMAL AND MOISTURE PROTECTION � i I Mainstay coating 1 Is 0.00 $0.00 Subtotal -7/ J • 7 /1.A 4. �V 1 DIVISION 8-DOORS&WINDOWS IN/A � 1 vI vvv1v • Of IV vvvv DIVISION 9-FINISHES Painting Piping 4"and below dia 1 LS $500.00 $500.00 Subtotal DIVISION 10-SPECIALTIES IN/A DIVISION 11 - EQUIPMENT Submersible Solids Pumps&appurtenances 1 bid $0.00 $0.00 Subtotal DIVISION 12-Furnishings I N/A DIVISION 13-SPECIAL CONSTRUCTION Utility Control Instrumentation 1 Is $0.00 $0.00 Remove& Reset Telemetry tower 1 ea $0.00 $0.00 Subtotal i DIVISION 14-Conveying systems IN/A DIVISION 15-MECHANICAL Hose bib backflow&cover box 1 LF $1,330.00 $1,330.00 Sump pump 1 LF $1,170.00 $1,170.00 6"force main 993 LF $32.00 $31,776.00 Subtotal DIVISION 16-ELECTRICAL Electrical Work General _ 1 bid $13,000.00 $13,000.00 FPL for temp elect 1 bid $900.00 $900.00 Subtotal Costs Subtotal $277,910.67 7% $19,453.75 Subtotal _ $297,364.41 7%profit $20,815.51 $318,179.92 H.A.Contracting Page 2 Opa Locka LS1 H. A Contracting Corp 4ofi4ençia1 H.A.Contracting Page 3 . . 1:11:11I0Zd.f:0+Y-4'111tic11 .i - - • • BI• ea iv H. A Contracting Corp 1 DIVISION 1 -GENERAL CONDITIONS Qty Unit Unit Cost Total Performance BOND 1 0.75% $320,000.00 $2,400.00 Insurance 1 0.80% $320,000.00 $2,560.00 Gray Superintendent 8 week $1,210.00 $9,680.00 PERMIT fees by GC 1 2% $320,000.00 $5,400.00 Dum•sters 2 ea $380.00-- $760.00 Environmental Protection 1 ea $500.00- $500.00 Temp toilet 2 Mo $98.00-- $196.00 Field Office/Storage 2 Mo $98.00-- $196.00 Misc Equip./Crane 1 Mo $21,500.00-- $21,500.00 Asbuilt 1 bid $2,500.00-- $2,500.00 Testing b GC article 13 1 bid $1,000.00-- $1,000.00 Subtotal DIVISION 2-SITE WORK MOT Barricade Rental 10 units x 3 months , onth .. 60.01 • $500.00 Site Prep/Temp fence V• Via' I •a irf tt/TM $1,687.50 Dewatering `� • `: IS11 $1,500.00 Sheet piling rental,install,delivery&PU 38 Tons ,1,200.00 $45,600.00 Fill Removal 65 CY $16.00 $1,040.00 3/4"gravel bed 8 tons $26.00 $212.94 Sod/Restoration 1,600 sf $0.45-- $720.00 Saw cut&asphalt patch 1 Is $3,000.00_- $3,000.00 FPL electric bill for by pass+-$400/month 2 month $400.00-- $800.00 Mobilization 1 Is $1,500.00- $1,500.00 By pass pum is rental 1 Is $8,000.00-- $8,000.00 Line Stops 1 Is $0.00- $0.00 Install •umps 1 Is $3,300.00 $3,300.00 Demo exist piping/equip/valves&boxes 1 LS $0.00-- $0.00 set up by pass 1 Is $3,660.00 $3,660.00 Operate by pass 1 Is $10,780.00- $10,780.00 Install piing 1 LS $6,700.00 $6,700.00 DIP& All Fittings/valves include tax 1 Is $26,756.00 $26,756.00 wet well&Valut with coating 1 Is $30,437.00-- $30,437.00 manhole 1 Is $1,425.00-- $1,425.00 fillets 1 Is $2,120.00 $2,120.00 set wet well&Vault 1 Is $12,320.00-- $12,320.00 Coring&Cutting 1 Is $1,350.00 $1,350.00 Misc material 1 Is $1,500.00-- $1,500.00 Start u• 1 Is $1,320.00- $1,320.00 H.A.Contracting Page 1 Opa Locka LS2 with 315 s 3nerator Bldg H. A Contracting Corp 1 Gas 1 Is $1,100.00' $1,100.00 Subtotal DIVISION 3-CONCRETE Cast in place conc for shell Material 14 CY $150.00 $2,100.00 Cast in place concrete for shell Labor 14 CY $250.00 $3,500.00 Rebar F& I 1,500 lbs $1.25 $1,875.00 Subtotal Alt sq.ft. Price Cast in place concrete for shell 315 sf $21.00 equip slabs, misc slabs 6" 200 sf $4.40 $880.00 Valley gutter&Transition at drive 44 If $22.00 $968.00 Driveway slab 6" 160 sf $3.50 $560.00 Remove&replace sidewalk entrance @ park 320 sf $3.50 $1,120.00 Subtotal I DIVISION 4-MASONRY 8"CMU Subtotal uonnaertual $1,581.75 DIVISION 5-METALS 6'high metal fence Replace 95 If $75.00 $7,125.00 Flanged wall thimble for exhaust 1 ea $300.00 $300.00 Hatches 2 ea $0.00 $0.00 Subtotal I DIVISION 6-WOOD& PLASTICS N/A I 1 DIVISION 7-THERMAL AND MOISTURE PROTECTION 1 Mainstay coating 1 Is $9,000.00 $0.00 Roofing 336 Is $9.50 $3,192.00 Generator Exhaust pipe insulation 1 Is $750.00 $750.00 Subtotal DIVISION 8- DOORS&WINDOWS , 6'-4"x 7'-0" Dbl HM Alum door and frame 1 Is $3,800.00 $3,800.00 Hardware 1 Is $830.00 $830.00 Install door& HWR 1 Is $650.00 I $650.00 Subtotal DIVISION 9- FINISHES Painting Piping 4"and below dia 100 If $3.00 I $300.00 3/4" Exterior stucco 61 sy $28.00 $1,711.11 Paint exterior 550 sf $1.25 $687.50 Hilti fire stop 1 Is $65.00 $65.00 Subtotal DIVISION 10-SPECIALTIES N/A 1 1 I 1 1 I 1 H.A.Contracting Page 2 rte■ • .a oc a 2 wit 3 s' )lraea[•)a=nIL!l_-Iff II� H. A Contracting Corp i DIVISION 11 -EQUIPMENT Submersible Solids Pumps&appurtenances 1 bid $0.00 $0.00 Subtotal DIVISION 12 - Furnishings IN/A DIVISION 13-SPECIAL CONSTRUCTION Utilit Control Instrumentation 1 Is $0.00-- $0.00 Remove&Reset Telemetry tower 1 ea $0.00-- $0.00 Subtotal DIVISION 14-Conveying systems N/A DIVISION 15-MECHANICAL Exhaust shroud 1 LS $0.00 $0.00 rrMIIIIIIIIrMIMIIIIIry Fuel Da tank with •ump 1 [1FaM714.4- J4 / / !il i $1.00 Sum. pum• 9L LL2A ,arLgr-i.1 $1,120.00 Water service Back flow&Hose bibb box 1 LS '.1,330.00-- $1,330.00 Suppl fan lauren cook XLW-30 or e•ual 1 Is $3,500.00 $3,500.00 Exhauts •ipe 8 If $65.00-- $520.00 Air intake louver 3'-6"x 8'-0"x 6" 2 ea $900.00 $1,800.00 ExhaustLouver'6-0"x 5'-6"b ruskin 1 Is $2,200.00-- $2,200.00 Install of louvers 1 Is $500.00-- $500.00 Subtotal DIVISION 16- ELECTRICAL Electric Bid 1 I bid $35,000.00 $35,000.00 i Electric Bid Benson Elect 1 bid $42,000.00-- $0.00 Electric Bid Fisk 1 bid $35,880.00 $0.00 Generator by owner 1 bid $1.00_ $1.00 Set/install generator 1 bid $1,500.00-- $1,500.00 Relocate overhead wire to light •ole 1 bid $3,500.00-- $3,500.00 FPL fees 1 bid $900.00-- $900.00 Subtotal Costs Subtotal $297,887.80 7 %OH__--- $20,852.15 Subtotal $318,739.95 7%profit__--- $22,311.80 Total LS2 W -� $341,051.74 Allowance for relocating Overhead Electric__ -_ $7,500.00 Bid Amount� == ..348 551.74 H.A. Contracting Page 3 Opa Locka LS2 with 315 se''':nerator Bldg H. A Contracting Corp Confidential H.A.Contracting Page 4 H AContracting Corp Lift Station 1 Preliminary 2011 Early Description Start Fnish MAY JUN JUL AU 16 23 30 06 13 20 27 04 11 18 25 01 08 1 City Contracts 23MAY11 A 31MAY11 MEI City Contracts Sub Contracts 01JUN11 * 08JUN11 =Sub Contracts Permit Plans 01JUN11 * 10JUN11 1Permit Plans Prepare Shop Drawings 31MAY11 * 03JUN11 Prepare Shop Drawings Shop Drawing Review 06JUN11 * 15JUN11 Shop Drawing Review Order Wet Well & Vault 15JUN11 * 07JUL11 '- 1 Order Wet Well & VA Install Cofferdam & Prep 13JUN11 A 01JUL11 Install Cofferdam & Pre Set wet well & Vault 08JUL11 * 18JUL11 1 Set wet well & Install Pumps & Pipes 19JUL11 * 24AUG11 Start up 25AUG11 * 30AUG11 Start date 20MAY11 Finish date 30AUG11 i Data date 20MAY11 Run date 20MAY11 Contingent schedule based on availability of owner furnished items Page number 1A © Primavera Systems, Inc. , Nuf i AContracting Corp Lift Station 2 Preliminary Early Early 2011 Description Start Sh MAY JUN JUL AUe 16 23 30 06 13 20 27 04 11 18 25 01 08 1- ity Contracts 23MAY11 A 01JUN11 City Contracts ub Contracts 02JUN11 * 08JUN11 =Sub Contracts ermit Plans 02JUN11 * 10JUN11 Permit Plans repare Shop Drawings 31 MAY11 * 08JUN11 l Prepare Shop Drawings hop Drawing Review 09JUN11 * 15JUN11 et` Shop Drawing Review rder Wet Well & Vault 15JUN11 * 07JUL11 I Order Wet Well & Vault stall Cofferdam & Prep 13JUN11 A 01JUL11 Install Cofferdam & Prep et wet well & Vault 08JUL11 * 15JUL11 Set wet well & Vau stall Pumps & Piping 18JUL11 * 24AUG11 onstruct Pump House 13JUN11 * 12AUG11 Co tart up 24AUG11 * 26AUG11 tart date 20MAY11 Finish date 26AUG11 )ata date 20MAY11 tun date 20MAY11 Contingent schedule based on availability of owner furnished items 'age number 1A © Primavera Systems, Inc. (...,,..,f 4e a ya F V oa Opp)R Al CONTRACT AGREEMENT BETWEEN CITY OF OPA- LOCKA AND C&I CONSTRUCTION AND DESIGN, INC. FOR LIFT STATIONS 1 AND 2 REHABILITATION CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 1 of 12 AGREEMENT THIS IS AN AGREEMENT, dated the 25 day of May , 2011,between: CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter "CITY," and C&I Construction and Design, Inc. a licensed Company, authorized to do business in the State of Florida,hereinafter "CONTRACTOR." WITNESSETH: In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement and to generally express the objectives, and intentions, of the respective parties herein, the following statements,representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 CITY requested proposals for lift stations land 2 rehabilitation indicating the CITY's desire to hire a Contractor to perform this work. 1.2 On May 25, 2011, the CITY awarded the CONTRACT and authorized the proper CITY officials to enter into an agreement with CONTRACTOR to render the services more particularly described herein below. ARTICLE 2 SCOPE OF WORK 2.1 The CONTRACTOR shall furnish all of the materials, tools, supplies, and labor necessary to perform all of the work described in the plans and specifications for the rehabilitation of lift station 1 and 2, a copy of specifications is attached hereto and specifically made a part of this Agreement .as Composite Exhibit "A". 2.2 CONTRACTOR hereby represents to CIIY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 2 of 12 CONTRACTOR has the professional expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2.3 CONTRACTOR assumes professional and technical responsibility for performance of its services to be provided hereunder in accordance with recognized professional standards for specified services. If within three (3) months following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR, CONTRACTOR agrees to re-perfoi In such deficient services without charge to the CITY. ARTICLE 3 TIME FOR COMPLETION AND LIQUIDATED DAMAGES 3.1 The CONTRACTOR shall commence work to be performed under this Agreement beginning May 27, 2011. CONTRACTOR shall complete all work in a timely manner by June 30, 2011 and as specified in Composite Exhibit"A"to this Agreement. 3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion approved by CITY in advance, in writing, will not constitute a delay by CONTRACTOR. Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, riot or civil commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall extend this Agreement for a period equal to such delay and during this period such delay shall not constitute a delay by CONTRACTOR for which liquidated damages are due. 3.3 Contractor's failure to perform the work specified in Composite Exhibit"A", shall result in Contractor being required to pay liquidated damages in the Amount of the Contract Sum set forth herein. ARTICLE 4 CONTRACT SUM 4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this Agreement, for$652,143.08 work to be completed in accordance with the "Proposal" submitted by CONTRACTOR. Prices for work completed by the CONTRACTOR shall be as reflected in the proposal submitted and dated May 12,2011, a copy of which is attached hereto and made a part hereof as Composite "B", with no change in the price shown. A total contact price hereto is referred to as Contract Sum and shall be SIX HUNDRED FIFTY TWO THOUSAND ONE HUNDRED FORTY THREE DOLLARS AND EIGHT CENTS. 4.2 The CONTRACTOR shall guarantee all portions of the Project against poor workmanship and faulty materials for a period of three (3) years after final payment and shall immediately correct any defects which may appear during this period upon notification by CITY. This provision shall in no way affect the manufacturing warranty for repair or replacement. 4.4 The making and acceptance of the final payment shall constitute a waiver of all claims by CONTRACTOR except those previously made and still unsettled. CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 3 of 12 ARTICLE 5 CONTRACTORS LIABILITY INSURANCE 5.1 The CONTRACTOR shall not commence work under this contract until it has obtained all insurance required under this Article and such insurance has been approved by the CITY nor shall the CONTRACTOR allow any Subcontractor, if applicable, to commence work on a sub-contract until all similar such insurance required of the subcontractor has been obtained and approved. 5.2 Certificates of insurance,reflecting evidence of the required insurance, shall be filed with the City prior to the commencement of the work. These Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. 5.3 Financial Ratings must be no less than "A" in the latest edition of"Bests Key Rating Guide", published by A.M. Best Guide. 5.4 Insurance shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least three (3) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and extension thereunder is in effect. The CONTRACTOR shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. 5.5 Comprehensive General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: (a) Workers' Compensation Insurance—as required by law; (b) Employer's Liability Insurance - $1,000,000 per occurrence; (c) Automobile Liability Insurance - $2,000,000 per occurrence, $1,000,000 per accident; (d) Accident for bodily injury and $1,000,000 per accident for property damage. 5.6 The CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this Agreement and name the CITY as an additional insured under their policy. 5.7 The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. ARTICLE 6 PROTECTION OF PROPERTY CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 4 of 12 6.1 At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY's property and properties adjoining the Project site from all damage whatsoever. ARTICLE 7 CONTRACTOR'S INDEMNIFICATION 7.1 The CONTRACTOR agrees to release the CITY from and against any and all liability and responsibility in connection with the above mentioned matters. The CONTRACTOR further agrees not to sue or seek any money or damages from CITY in connection with the above mentioned matters. 7.2 The CONTRACTOR agrees to indemnify and hold harmless the CITY, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the CONTRACTOR's negligent acts, errors, or omissions. 7.3 If a court of competent jurisdiction holds the City liable for certain tortuous acts of its agents, officers, or employees, such liability shall be limited to the extent and limit provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or defense that the City may possess. The City specifically reserves all rights as against any and all claims that may be brought. ARTICLE 8 INDEPENDENT CONTRACTOR 8.1 This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law and similar laws. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 9 CONTRACT BOND 9.1 No bond shall be required for this Agreement. CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 5 of 12 ARTICLE 10 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 10.1 CITY or CONTRACTOR may request changes that would increase decrease or otherwise modify the Scope of ServicesBasic Services to be provided under this Agreement as described in Article 2 of this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the parties hereto, with the same formality and with equality and dignity prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. Each amendment shall at a minimum include the following information on each project: PROJECT NAME PROJECT DESCRIPTION ESTIMATED PROJECT COST ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT ESTIMATED PROJECT COMPLETION DATE 10.2 In no event will the CONTRACTOR be compensated for any work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 11 TERM AND TERMINATION 11.1 This Agreement may be terminated by either party for cause, or the CITY for convenience, upon written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall be paid its compensation for services performed to termination date. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, he shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys, and reports prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY. 11.2 This Agreement shall take effect as of the date of execution as shown herein below and continue for such time as is contemplated by the Agreement. CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 6 of 12 ARTICLE 12 CONTRACT DOCUMENTS 12.1 CONTRACTOR and CITY hereby agree that the following Specification and Contract Documents, which are attached hereto and made a part thereof, are fully incorporated herein and made a part of this Agreement, as if written herein word for word: This Agreement; CONTRACTOR's proposal as set forth in Composite Exhibit "A"; proposal, City Commission award; and any other exhibits thereto. ARTICLE 13 MISCELLANEOUS 13.1 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 13.2 Assignments. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without the prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the CITY and its successors and assigns. 13.3 Records. CONTRACTOR shall keep books and records and require any and all subcontractors to keep books and records as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed, if applicable. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be perfomied pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries. 13.4 Ownership of Documents. Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of City. 13.5 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 7 of 12 13.6 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: Clarance Patterson, City Manager 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 Copy To: Joseph Geller,City Attorney 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 CONTRACTOR: Carlos Maldonado, President C&I Construction and Design,Inc. 15461 SW 170th Terrace,Miami,Florida 33187 Phone: (786) 287-9903 Fax: (786)430-1747 13.7 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 13.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 13.9 Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 13.10 Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 13.11 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami-Dade County,Florida. 13.12 Disputes. Any claim, objection, or dispute arising out of the teuns of this Agreement shall be litigated in the Eleventh Judicial Circuit Court in and for Miami-Dade County. CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 8 of 12 13.13 Attorney's Fees. To the extent authorized by law, in the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to any other remedy afforded by law. 13.14 Extent of Agreement. This Agreement together with Contract Documents, attached as an Exhibits hereto, as amended herein above represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 13.15 Waiver. Failure of the CITY to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be construed as a waiver or relinquishment for the future of any such provision, condition, or right,but the same shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF OPA-LOCKA ATTEST: BY: Deborah S. Irby, City Clerk Clarance Patterson, City Manager APPROVED AS TO FORM: Joseph S. Geller,City Attorney CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 9 of 12 CONTRACTOR WITNESSES: Authorized Representative ATTEST: SECRETARY STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of a Florida corporation, and acknowledged executed the foregoing Agreement as the proper official of , for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2011. NOTARY PUBLIC My Commission Expires: CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 10 of 12 See attached document for Exhibit"A" CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 I I of 12 See attached document for Exhibit`B" CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA,FLORIDA 33054 12 of 12