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HomeMy Public PortalAbout13-8516 JVA Engineering for Roadway Drainage to Burlington Street Sponsored by: City Manager RESOLUTION NO. 13-8516 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH JVA ENGINEERING CONTRACTOR, INC (JVA) FOR ROADWAY AND DRAINAGE IMPROVEMENTS TO BURLINGTON STREET, BETWEEN OPA-LOCKA BLVD AND NW 27TH AVENUE, IN AN AMOUNT NOT TO EXCEED $463,529.45, PAYABLE FROM ACCOUNT NUMBER 41-541630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, as the result of complaints from residents, the staff did a comprehensive assessment of the roadway and intersection conditions, and concluded the milling and resurfacing on Burlington Street will not last due to severe drainage issues; and WHEREAS, the Request for Proposals (RFP) was modified and re-advertised to include improvement to Burlington Street drainage and roadway conditions, with the addition of the sidewalk from Burlington street to NW 27th Avenue; and WHEREAS, the City of Opa-locka received five responses to their Request for Proposals (RFP) for Burlington Street (from Opa-locka Blvd to NW 27th Avenue) drainage and roadway improvements; and WHEREAS, the staff recommended that JVA Engineering Contractor, Inc., be selected, as the lowest, most responsive, and most responsible proposer, of the five firms that responded; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to enter into an agreement with JVA Engineering Contractor, Inc (JVA) for roadway and drainage improvements to Burlington Street, between Opa-Locka Blvd and NW 27th Avenue, in an amount not to exceed $463,529.45 and to contract with JVA for the construction of a sidewalk on the North side of Burlington Street where there are residential homes. Resolution No. 13-8516 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Session 1. The recitals to the preamble herein are incorporated by reference. Session 2. The City Commission of the City of Opa-locka, authorizes the City Manager to enter into an agreement with JVA Engineering Contractor, Inc (JVA) for roadway and drainage improvements to Burlington Street, between Opa-Locka Blvd and NW 27th Avenue, in an amount not to exceed $463,529.45, payable from Account 41-541630, in substantially the form attached hereto as Exhibit "A" and to contract with JVA for the construction of a sidewalk on the North side of Burlington Street where there are residential homes. Session 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 9th day of January, 2013. (I !►/YRA / YLOR MAYOR Attest to: Jo if a Flores Ci , Clerk Approved as to form and legal s ff•'ency: Lai 1 A '' Ai t, J ■ Jose r 7G 1- V City . ttorn:f Resolution No. 13-8516 Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES o�oQp:�oe\ t C9 - m y0 �N oriAl City of Opa-Lora Agenda Cover Memo Commission Meeting 01/09/2013 item Type: Resolution Ordinance Other 'L ate: X (EnterX in box) Fiscal Impact: Ordinance Reading: lst Reading_ 2nd Reading (EnterX in box) Yes No (EnterX in box) X Public Hearing: Yes No Yes No (Enter X in box) `r' x Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) 47-541630 (EnterX in box) X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (EnterX in box) X N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational Q Bus.&Economic Dev E Public Safety 0 Quality of Education E] Qual.of Life&City Image E Communcation El Sponsor Name City Manager Department: City Manager t _ _ Short Title: ] A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH JVA ENGINEERING CONTRACTOR, INC. IN THE AMOUNT NOT TO EXCEED FOUR HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED TWENTY NINE DOLLARS AND FOURTY FIVE CENTS ($463,529.45) FOR BURLINGTON STREET BETWEEN OPA-LOCKA BLVD. AND NW 27T" AVENUE DRAINAGE AND ROADWAY IMPROVEMENTS.JVA ENGINEERING CONTRACTOR, INC. IS MOST RESPONSIVE AND LOWEST OF THE FIVE BIDDERS THAT RESPONDED TO THE RFP AND RANKED 1ST PAYABLE FROM ACCOUNT NUMBER 41- 541630. [ _ _ Staff Summary: 1 The City of Opa-locka requested and received design build proposals from five bidders for the Burlington Street (from Opa-locka Blvd to NW 27th Avenue) Drainage and Roadway Improvements. Previously the City of Opa-locka requested and received proposals from two bidders for the milling and resurfacing of Burlington Street from Opa- locka Blvd to NW 27th Avenue, intersection of Bahman Avenue and Jann Avenue, and intersection of Superior Street and Aladdin Street. Based on lot of complaints from residents staff conducted a very comprehensive assessment of these roads and/or intersection conditions and found milling and resurfacing will not last long due to severe drainage issues especially on Burlington Street. As a result the RFP was modified and re-advertized to improve Burlington Street Drainage and Roadway conditions along with the addition of sidewalk from Burlington Street to NW 27th Avenue. Proposed Action: Staff recommends approval. Attachment: 1. Evaluation Summary Sheet 2. Panel Member's evaluation sheet 3. Certification of Proposals Received 4. Resolution # 12-8395 5. Draft Contract Agreement (.....,r4.!_ock.t... 09 C u ' a t C. Syr • �m MEMORANDUM o�Ah �Qry To: Mayor Myra L. Taylor Vice Mayor Joseph L. Kelle9 Commissioner `timothy Holm, Commissioner Dorothy Joh!�oh Commissioner Luis 13t$SanJ.'ago t /I . Ii a FROM: Kelvin L. Baker,City Manageri:/ i A - \-/ DATE: Decent her 26,2012 RE: Agreement with JVA Engineering Contractor, Inc. for Burlington Street Drainage & Roadway P na provements Project Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH JVA ENGINEERING CONTRACTOR, INC. IN THE AMOUNT NOT TO EXCEED FOUR HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED TWENTY NINE DOLLARS AND FOURTY FIVE CENTS ($463,529.45) FOR BURLINGTON STREET BETWEEN OPA-LOCKA BLVD. AND NW 27TH AVENUE DRAINAGE AND 'ROADWAY IMPROVEMENTS. JVA ENGINEERING CONTRACTOR,INC. IS MOST RESPONSIVE AND LOWEST OF THE FIVE BIDDERS THAT RESPONDED TO THE RFP AND RANKED 1ST, PAYABLE FROM ACCOUNT NUMBER 47-541630, Description: The City of Opa-locka requested and received design build proposals from five bidders for the Burlington Street (from Opa-locka Blvd to NW 27th Avenue) Drainage and Roadway Improvements. Previously the City of Opa-locka requested and received proposals from two bidders for the milling and resurfacing of Burlington Street from Opa-locka Blvd to NW 27th Avenue, intersection of Bahman Avenue and Jann Avenue, and intersection of Superior Street and Aladdin Street. Based on lot of complaints from residents staff conducted a very comprehensive assessment of these roads and/or intersection conditions and found milling and resurfacing will not last long due to severe drainage issues especially on Burlington Street. As a result the RFP was modified and re-advertized to improve Burlington Street Drainage and Roadway conditions along with the addition of sidewalk from Burlington Street to NW 27`h Avenue. Account Number: 47-541630 PTP—Improvements Other Than Buildings Implementation Time Line: As soon as Possible. Legislative History: 12-8395 Recommendation(s): Staff recommends approval in order to improve Burlington Street Drainage and Roadway Improvements along with the addition of sidewalk. The following is the bid comparison table: Ranking Company Name Price Score 1 JVA Engineering $463,529.45 436 2 Ric-Man International $573,482.20 388 f' o_ T r `- I mc(In 1 1.u11SL1ue11u11 41)J77,7J 1.13 342 4 Metro Express $619,000.00 328 5 Branif Engineering $896,432.42 88 6 Pioneer Construction $1,008,998.55 125 Staff recommends awarding the project to JVA Engineering Contractor, Inc. as they are the lowest and highest ranked bidder. Analysis: The Burlington Street has severe drainage problem and the road gets flooded even during very short duration low intensity rain events. The project will consist of new drainage system, new sidewalk, milling and resurfacing along with reconstruction in some areas to improve the overall condition of Burlington Street for comfort, safety, and to enhance roadway functionality between Opa-locka Blvd and NW 27th Avenue. ATTACHMENT(S): 1. Evaluation Summary Sheet 2. Panel Member's evaluation sheet 3. Certification of Proposals Received 4. Resolution# 12-8395 5. Draft Contract Agreement PREPARED BY: Mohammad Nasir,PE,Asst.Public Works Director/City Engineer Faye Douglas,Budget Administrator END OF MEMORANDUM •I.6 t. v!!TY C iii C PA-LC , la CERTIFICATION OF PROPOSALS RECEIVED REQUEST +O I . Ptah' SALE (ii P)NO. H a-17122@ ) u=riir ingtoo Street Drainage and L oodway Ilmprovesuents ii,Joanuoa Fibres,City(CP_r•Cs.of tfie City of C pa-loN a,Florida,do hereby certify that according to the provisions of Sec. 2-320.1 of the City's Code of Ordimr,,,ces,seaied qualifications were opened at the Office of the City Cleric,T30 0 Fisherman Street,4F1' door,C pa-iocka,Flori a,at 1:15 p.m.this 18th day of .. '12,i'(6,SA �.L EIC/ Name of hrupany 1. WA Engineering Contractor,Inc. Lump Sum.Price$463,529.45 6600 NW 32nd Avenue Miami,FL 33147 Tele: 305-696-7902 Fax: 305-696-7903 Coriact: Jose M. Alvarez 2. Metro Express,Inc. Lump Sum Price $61.9,000.00 9442 NW 109`h Street Medley, FL 33178 Tele: 305-885-1330 Fax: 305-885-1327 Contact: Dei_io ll r asobares 3. I3ranif Engineering Lump Sum Price $896,432.42 3641 NW 46th Street Miami,FL 33142 Tele: 305-300-0835 Fax: 305-638-9957 Contact: Eduardo Rodriguez Email: 4. Pioneer Construction Management Services, Inc. Lump Sum Price $1,008,998.55 17400 SW 232nd Street Mh,ini,FL 331.70 Tele: 305-245-6711 Fax: 305-246-5545 Contact: Jose G. Perez Email: 5. Ric-Man international,Inc. Lump Sum Price $573,482.20 2601 Wiles Road Pompano Beach, FL 33073 Tele: 954-426-1042 Fax: 954-426-0717 Contact: Rene L. Castillo Email: 6. C 8IConstruction and Design,In Lump Sum ice $599,737.75 14031 S 143rd Court, 6 Miami,FL 33186 le: 305 55- Fax: 786-430-1747 Contact: Carlos Maldonado 7 farther rttf nat se,2,led piopas/swere st pitted and irape6y opened in my presence ancii also the following: ` � - . :. . , £EPUTY CLEW V a Cr ul in of d' 00 00 Q Ol CO O O O O O i n 4.0 in Ln in Ol v" in i=4 H o ®! a) a O F C .. wi . d' en on 0 M in ,i' N. in in in in Ln Ln in r in rn ra4 O O Ln O O e•• C UL# C PZ S col in a) S ea a� 4� d- in N ct Ol 00 CO dl 00 d. d. cy. d- in `�- CO d' d' M in Ul e7' m c U b E er U) U 2 S. 0. 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'''" eLp 0 _,C12 0.1 eto L) 0,0C1 152 •a Ga, i c't Q2 1 C) ce g •' '''''' .n Ir.: ezi 0 g 0 79 ''' 02 '''' ha •,a 2, cj x 1 Cj C) 1 X al N 21 ARTICLE 11 CONTRACT BOND The CONTRACTOR is required to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, including Alternates if any, with the City of Opa-Locka as the obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. ARTICLE 12 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK 12.1 CITY or CONTRACTOR may request changes that would increase decrease or otherwise modify the Scope of Services/Basic 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 12.2 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 13 TERM AND TERMINATION 13.1 This Agreement maybe 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. 13.2 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. ARTICLE 14 CONTRACT DOCUMENTS 14.1 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 Exhibit "B"; Specifications, "A", RFP; and any other exhibits thereto,or to this Agreement.. ARTICLE 15 MISCELLANEOUS 15.1 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. 15.2 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. 15.3 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 performed pursuant to this Agreement, or for such longer period as is required by law. 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. 15.4 Ownershi of Documents: Reports, surveys, plans, studies and other data provided in connection with this Agreement are and shall remain the property of City. 15.5 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. 15.6 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: Kelvin L. Baker, City Manager 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 COPY TO: Joseph S. Geller, City Attorney 780 Fisherman Street,4th Floor Opa-locka, Florida 33054 CONTRACTOR: Jose M.Alvarez, President JVA Engineering Contractor, Inc. 6600 NW 32nd Avenue Miami, FL 33147 Tel :305 696-7902 Fax:305 696-7903 E-mail:cg @jvaengineering.com 15.7 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. 15.8 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. 15.9 Headings: Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 15.10 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. 15.11 Governing Law: This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami-Dade County, Florida. 15.12 Disputes: Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Eleventh Judicial Circuit Court in and for Miami-Dade County. 15.13 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. 15.14 Extent of Agreement: This Agreement, together with all contract documents, and all exhibits hereto or to the contract documents, represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 15.15 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. 15.16 Equal Opportunity Employment: CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take affirmative steps to ensure that applicants are employed and employees are treated, during employment, without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ARTICLE 16 NOTICE TO PROCEED The contractor and the engineer shall commence work within five (5) five working days from the date of the Notice to Proceed (NTP). No work shall begin without NTP. Residents must be given at least 72 hours notice to commence construction at the site. CITY OF OPA-LOCKA ATTEST: BY: Joanna Flores, CMC Kelvin L. Baker City Clerk City Manager APPROVED AS TO FORM: Joseph S. Geller, City Attorney 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 vvlIINc.i UP tHE. FUtLUU11NU, i have set illy hand and uiiicial seal di. in the State and County aforesaid on this day of , 2012. NOTARY PUBLIC My Commission Expires: See attached document for Exhibit "A" REQUEST FOR PROPOSAL (RFP) See attached document for Exhibit " B " CONTRACTOR'S PROPOSAL