HomeMy Public PortalAbout19-9698 Terminating Intercounty engineering Inc for Cairo LaneSponsored by: City Manager
RESOLUTION NO.19-9698
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TERMINATING THE MAY 26, 2015
CONTRACT WITH INTERCOUNTY ENGINEERING, INC.;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH
THE SECOND LOWEST BIDDER AND/OR PREPARE A
COMPETITIVE SOLICITATION FOR ALL REMAINING WORK
RELATING TO DESIGN -BUILD SERVICES IN CONNECTION
WITH CAIRO LANE UNDER PREVIOUS RFP #15-2904100;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka ("City"), received sealed bid proposals
Pursuant to RFP #15-2904100 and in connection with certain Cairo Lane and NW 127th
Street Improvements; and
WHEREAS, two companies responded to the City solicitation for wastewater
and stormwater system improvements on Cairo Lane and wastewater, stormwater, and
drinking water system improvements on NW 127th Street; and
WHEREAS, Intercounty Engineering, Inc. presented the most responsive and
responsible proposal; and
WHEREAS, due to irreconcilable differences between Intercounty Engineering,
Inc. and City, the City Manager is recommending that a May 26, 2015 Agreement
between the parties be terminated, effective immediately; and
WHEREAS, the City Manager is further recommending City Commission
authorization to negotiate with the second lowest bidder and/ or prepare a competitive
solicitation for all outstanding design build services still in need of performance.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-Locka hereby directs and
authorizes the City Manager to terminate the May 26, 2015 contract between the
City of Opa-Locka and Intercounty Engineering, Inc.
Resolution No. 19-9698
Section 3. The City Commission of the City of Opa-locka further directs and
authorizes the City Manager to negotiate with the second lowest bidder and/ or
prepare a competitive solicitation for all remaining work relating to design -build
services in connection with Cairo Lane and RFP #15-2904100.
Section 4. This Resolution shall take effect immediately upon adoption and is
subject to the approval of the Governor or his designee.
PASSED AND ADOPTED this 11th day of September, 2019.
Attest to:
joatma Flores
City Clerk
Moved by:
Seconded by:
VOTE: 5-0
Commissioner Bass
Commissioner Burke
Commissioner Kelley
Vice -Mayor Davis
Mayor Pigatt
Matthew A. Pigatt, Mayor
Approved as to form and legal sufficiency:
a
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"'�' •'' tte Norris-
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ttorne Y
COMMESSIONER KELLEY
VICE MAYOR DAVIS
YES
YES
YES
YES
YES
2
ks, P.A.
City of Opa-Locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
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Acting City
Manager:
Newall J. Daughtrey
CM Signature:
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Commission
Meeting
Date:
08/28/2019
Item Type:
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Public Hearing:
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Sponsor
Name
City Manager
Department:
City Manager
short Title:.
A resolution to accept or reject Intercounty Engineering Contract.
staff Summary:
On August 21, 2019, Intercounty Engineering provided us with a notice of their intent to terminate the Cairo
Lane & NW 127th Street Roadway Improvement Project.
Proposed Action:_
Staff recommends negotiating with the contractor to complete the project.
Attachment:
1. Agenda
2. Notice of intent
3. Design Build Contract Agreement
INTERCOUNTY ENGINEERING, INC
1925 NW 18th Street
Pompano Beach, FL 33069
Tel: (954) 972-9800 Fax: (954) 974-0042
August 21, 2019
Newall J. Daughtrey
City of Opa Locka Manager
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Vincent Brown
City Attorney
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Airia Austin
CIP Director
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Re: Termination of Contract Pursuant to Contract Article 13
Design Build Contractor Agreement
City of Opa-Locks and Intercounty Engineering, Inc.
Cairo Lane & NW 127th Street Roadway Improvement Project
Dear Sirs:
This letter is written to give written notice regarding the termination for cause of the
referenced Contract by Intercounty Engineering, Inc. pursuant to Contract Article 13.
As the City of Opa-Locka is aware (and I enclose for reference various written
information that the City of Opa-Locka has previously been provided), the Project work has been
tremendously delayed and the work rendered nonproductive for a huge period of time causing
Intercounty Engineering, Inc, to be unable to effectively and productively perform critical path
work to progress the Contract. The conditions at the site caused by actions and inaction of the
City prevent Intercounty Engineering, Inc, from proceeding, including the following hindrances:
1. Class V Dewatering Permit — A Class V permit was not required to perform
original contract. However, after oil was introduced to the new drainage system
by forces outside of our control, we were advised that a Class V dewatering
permit would now be required.
2. Existing Utility Pole Conflicts — Installation of new drainage piping cannot be
completed in various locations which require removal of existing utility poles by
Page 1 of 3
the Owner. To date, the poles remain in conflict with no direction from Owner as
to when the removal will be complete.
3. Road Maintenance — This contract included various contingency accounts to
reimburse Intercounty for road maintenance performed throughout the project.
However, these accounts have been depleted with the work performed to date.
Owner has requested that we continue to perform road maintenance activities
even with no projected funds for compensation.
4. Untimely Progress Payments — Throughout this project; monthly progress
payments have been and continue to be delayed. To date, the quickest payment
received from the Owner has taken 31 calendar days with the longest payment
taking 273 calendar days. Currently, we are awaiting payment from work
completed in June 2019.
The individual and cumulative impact of changes in conditions imposed upon the Project
site and upon Intercounty Engineering, Inc, by the City effectively require Intercounty
Engineering, Inc, to perform duties materially different than those bid, contracted and bargained
for. The efforts that have been required of Intercounty Engineering, Inc, in the past and at this
time are outside the scope of the contract, have added a huge amount of complexity and
difficulty to the work and constitute a material and substantial alteration in the original
undertaking. The multiple conditions have had and continue to have a tremendous disruptive
effect upon our performance, our cost and our time, and constitute a cardinal change in the
Contract and the work.
Based on the foregoing reasons, Intercounty Engineering, Inc. provides this written notice
of termination for cause of the Contract, and demands payment performed to this date in
accordance with the Contract and controlling judicial precedent.
Sincerely,
Int9Ircounty Engineering, Inc.
Eric Jones
General Manag
Enclosures: (A) Intercounty Letter Notice to Stop Work Progress dated March 17, 2016
(B) Intercounty rd Letter Notice to Stop Work Progress dated April 19, 2016
(C) Intercounty 3`d Letter Notice to Stop Work Progress dated June 13, 2016
(D) Opa-Locka. Memorandum dated December 13, 2016
(E) Intercounty Letter Outstanding Payments and Remobilization dated December 15, 2016
(F) Intercounty 41th Letter Notice to Stop Work Progress dated February 21, 2017
(G) Intercounty Letter Notice Continuation of Progress Work dated March 13, 2017
(H) Opa Locka Memorandum dated June 6, 2017
Page 2 of 3
DESIGN BUILD CONTRACTOR AGREEMENT
BETWEEN
CITY OF OFA- LOCKA
AND
INTERCOUNTY ENGINEERING, INC.
FOR
Cairo Lane and NW 127th Street Improvements
Page 1 of 16
AGREEMENT
THIS IS AN AGREEMENT, dated the 261h day of May , 2015 between:
THE CITY OF HPA-LUCRA, hereinafter refers as "CITY,'
and
INTERCOUNTY ENGINEERING, INC., a licensed Company, authorized to do business
in the State of Florida, hereinafter refers as "DESIGN BUILD CONTRACTOR."
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments
hereinafter set forth, CITY and DESIGN BUILD 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 Cairn Lane and NW 1„27 . Street Improvement
indicating the CITY`s desire to hire a DESIGN BUILT} CONTRACTOR to perform this
work.
1.2 On May 13, 21).15, the CITY awarded the RESIGN BUILD CONTRACTOR and authorized
the proper CITY officials to enter into an agreement with DESIGN BUILD
CONTRACTOR to render the services more particularly described herein below.
ARUM 2
SCOPE OF WORK
2.1 The DESIGN BUILD CONTRACTOR shall furnish all of the materials, tools, supplies, and
labor necessary to prepare plans, specifications, permitting and complete construction
of Cairo Lane and NW 127 Street, a copy of the RFP is attached hereto and specifically
made a part of this agreement as Composite Exhibit "A",
Page 2 of Rb
7.2 DESIGN BUILD CONTRACTOR hereby represents to CITY, with full knowledge that
CITY is relying upon these representations when entering into this Agreement with
DESIGN BUILD CONTRACTOR, that DESIGN BUILD CONTRACTOR has the professional
expertise, experience and manpower to perform the services to be provided by
DESIGN BUILD CONTRACTOR pursuant to the terns of this Agreement.
2.3 DESIGN BUILT] 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) years following
completion of its services, such services fail to meet the aforesaid standards, and the
CITY promptly advises DESIGN BUILD CONTRACTOR, DESIGN BUILD CONTRACTOR
agrees to ire -perform such deficient services without charge to the CITY.
2.4 RESIGN PHASE: DESIGN BUILD CONTRACTOR should cause for the proposed
improvements under this agreement to be designed according to the all
applicable Miami -Dade County and City of Opa-locka requirements. Copies of
the construction documents should be submitted to City staff for review and
approval prior to submittal for permitting. At a minimum the design phase
shall include the following:
o Preliminary E n g i n e e r i n g
• Field Investigations
• Calculations & Storm Water treatment structure Selection
• Survey
i Basis of Design
• Final Design of the sewage conveyance system including force main, storm water
conveyance system including treatment unit.
2.5 PERMITTING:
+ Obtain all permit approvals from all applicable regulatory agencies and City.
of Opa-locka Building and Licensing Department.
2.6 CONSTRUCTION: Upon concurrence and award of the DESIGN BUILD CONTRACTOR
shall initiate the design, permitting and subsequently the construction to begin the
work and to take place as outlined below:
a Construction
® Continued use of roadway during the hours of 7:00AM to 5:00PM
• Coordination with City for construction inspections.
• Final certification by the City of Opa-Iocka and Miami -Dade Department of
Regulatory and Economic Resources, Division of Environmental Resources
Management, Wastewater Permitting Section.
• The DESIGN BUILD CONTRACTOR shall provide- As -Built Drawings at the project
closeout.
Nge 3 of 16
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
3.1 The DESIGN BUILD CONTRACTOR shall commence work to be performed under this
Agreement within five (5) working days from the Notice to Proceed (NTP) and shall
complete on/before December n„Z(117.
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
DESIGN BUILD 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 DESIGN BUILD CONTRACTOR shall extend this Agreement for a
period equal to such delay and during this period such delay shall not constitute a
delay by DESIGN BUILD CONTRACTOR for which liquidated damages are due.
3.3 DESIGN BUILD CONTRA,CTOR's failure to perform the work specified in this
Agreement shall result in DESIGN BUILD CONTRACTOR. being required to pay
liquidated damages in the Amount $750 per day for each unexcused day after the
completion date set forth in Section 3.1 above.
ARTICLE 4
DESIGN BUILD CONTRACTOR SUM
4.1 The CITY .hereby agrees to pay DESIGN BUILD CONTRACTOR for the faithful
performance of this Agreement, $5,110,452,00 for work to be completed in
accordance with the "Proposal" submitted by DESIGN BUILD CONTRACTOR. Work
completed by the DESIGN BUILD CONTRACTOR shall be as reflected in the proposal
submitted, a copy of which is attached hereto and made a part hereof as Exhibit "B",
with no change in the price shown. A total contract price hereto is referred to as
DESIGN BUILD CONTRACTOR Sum and shall be FIVE MILLION ONE HUNDRED TEN
THOUSAND, POUR HUNDRED AND FIFTY-TWO DOLLARS ($5,110,452.00).
4.2 NotMthstanding any other provision of this DESIGN BUILD CONTRACT, the DESIGN
BUILD 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.
4.3 The making and acceptance of the final payment shall constitute a waiver of all claims
by DESIGN BUILD CONTRACTOR except those previously made and still unsettled.
Page 4 of 16
TKLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted by the DESIGN BUILD
CONTRACTOR to the Owner, and upon Project Applications and Certificates for
Payment issued by the Owner, the Owner shall snake progress payments on account
of the DESIGN BUILD CONTRACT Sum to the DESIGN BUILD CONTRACTOR as
provided below and elsewhere in the DESIGN BUILD CONTRACT Documents.
5.2 The period covered by each Application for payment shall be one calendar month
ending on the last day of the month, or as follows:
5.2.1 Owner shall pay pursuant to the Florida Local Government Prompt Payment
Act Chapter 218 Florida Statutes.
5.2.2 Each Application for Payment shall be based upon the Schedule of 'Values
submitted by the DESIGN BUILD CONTRACTOR in accordance with the
DESIGN BUILD CONTRACT Documents. The Schedule of Values shall allocate
the entire DESIGN BUILD CONTRACT Sung among the various portions of the
Work and be prepared in such form and supported by such data to
substantiate its accuracy as the Owner may rewire. This schedule, unless
objected to by the Owner, shall be used as a basis for reviewing the DESIGN
BUILD CONTRACTOR's Applications for Payment,
5.2.3 Applications for Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for
Payment
5.2.4 Subject to the provisions of the DESIGN BUILD CONTRACT Documents, the
amount of each progress payment shall be computed as follows:
5.2.4.1 Take that portion of the DESIGN BUILD CONTRACT Sure properly
allocable to completed Work as determined by multiplying the
percentage completion of each portion of the Work by the share of the
total DESIGN BUILD CONTRACT Sum allocated to that portion of the
Work in the Schedule of Values, less retainage of Ten percent (14%).
Pending final determination of cost to the Owner of changes in the
Work, amounts not in dispute may be included in applications for
Payment. The atnount of credit to be allowed by the DESIGN BUILD
CONTRACT to the Owner for a deletion or change which results in a
net decrease in the DESIGN BUILD CONTRACT Sum shall be actual net
cost as confirmed by the Construction Manager. When both additions
and credits covering related Work or substitutions. are involved in a
change the allowance for overhead and profit shall be figured on the
basis of net increase, if any, with respect to that change.
5.2.4.2 Add that portion of the DESIGN BUILD CONTRACT Sum properly
allocable to materials and equipment delivered and Suitably stored at
the site for subsequent incorporation in the completed construction
(or, if approved in advance by the Owner, suitably stored off the site
Page 5 of 16
at a location agreed upon in writing), less retainage of ten percent
(10%):
5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and
subtract amounts, if any, for which the Construction Manager has
withheld or nullified a Certificate for Payment..
5.3 The progress payment amount determined in accordance with the above shall be
further modified under the following circumstances:
5.3.1 Add, upon Substantial Completion of the Work, a sure sufficient to increase
the total payments to Ninety percent (90%) of the DESIGN BUILD CONTRACT
Sum, less such amounts as the Construction Manager recommends and the
Owner determines for incomplete Work and unsettled claims; and
5.4 Reduction or limitation of retainage, if any, shall be as follows: None
ARTICLE 6
FINAL PAYMENT
.Final payment, constituting the entire unpaid balance of the DESIGN BUILD CONTRACT
Sum, shall be made by the Owner to the DESIGN BUILD CONTRACTOR when (1) the
.DESIGN .BUILD CONTRACT has been fully performed by the DESIGN BUILD CONTRACTOR
except for the DESIGN BUILD CONTRACTOR`s responsibility to correct nonconforming
'tlliork and to satisfy other requirements, if any, which necessarily survive final payment:
and (2) a final Project Certificate for Payment has been issued by the fawner and 3) the
DESIGN BUILD CONTRACTOR has met all provisions of the reporting requirements of
grants if the project is funded by grant money; such anal payment shall be made by the
Owner not more than 20 days after the issuance of the final Project Certificate for Payment.
ARTICLE 7
DESIGN BUILD CONTRACTOR'S LIABILITY1NSURANCE
7.1 The .DESIGN BUILD CONTRACTOR shall not commence work under this DESIGN BUILD
CONTRACT until it has obtained all insurance required under this Article and such
insurance has been approved by the CITY nor shall the RESIGN BUILD CONTRACTOR
allow any SUB -CONTRACTOR, if applicable, to commence work on a SUB -CONTRACT
until all similar such insurance required of the SUB -CONTRACTOR has been obtained
and approved.
7.2 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 coverage 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.
7.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating
Guide", published by AM. Best Guide.
Page 6 of 16
7.4 Insurance shall be in farce until all work required to be performed under the terms of
the DESIGN BUILD 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 DESIGN BUILD
CONTRACT, then in that event, the DESIGN BUILD 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 DESIGN BUILD CONTRACT and extension there under is in effect The
DESIGN BUILD CONTRACTOR shall not continue to work pursuant: to this DESIGN
BUILD CONTRACT unless all required insurance remains in full force and effect
7.5 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 $300,000 and $1,000,000 per accident for .property
damage.
(e) Professional liability insurance of each design consultant- minimum $500,000.
7.6 The DESIGN BUILD 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.
7.7 The CITY reserves the right to require any ether insurance coverage it deems
necessary depending upon the exposures.
ARTICLE 8
PROTECTION OF PROPERTY
8.1 At all times during the performance of this DESIGN BUILD CONTRACT, the DESIGN
BUILD CONTRACTOR shah protect the CITY's property and properties adjoining the
Project site. from all damage whatsoever.
ARTICLE 9
DESIGN BUILD CONTRACTOR'S INDEMNIFICATION
9.1 The DESIGN BUILD CONTRACTOR agrees to release the CITY from and against any and
all liability and responsibility in connection with the above mentioned matters and
with the work being performed by DESIGN BUILD CONTRACTOR. The DESIGN BUILD
Page 7 of 16
CONTRACTOR further agrees not to sue or seek any money or damages from CITY in
connection with the above mentioned matters.
9.2 The DESIGN BUILD 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. DESIGN BUILD CONTRACTOR's
negligent acts, errors, or omissions.
9.3 If a court of competent Jurisdiction holds the City liable for certain tortious 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 1.0
tNUPEN.DENT DESIGN BUILD CONTRACTOR,
10.1 This Agreement dues not create an employee/employer relationship between the
parties. It is the intent of the parties that the DESIGN BUILD► CONTRACTOR is an
independent CONTRACTOR under this Agreement and not the CITYts 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 DESIGN BUILD CONTRACTOR shall retain sole and
absolute discretion in the Judgment of the manner and means of carrying out the
DESIGN BUILD CONTRACT's activities and responsibilities hereunder provided. This
Agreement shall not be construed as creating any joint employment relationship
between the DESIGN BUILD CONTRACTOR and the CITY and the CITY will not be liable
for any obligation incurred by DESIGN BUILD CONTRACTOR, including but not limited
to unpaid minimum wages and/or overtime premiums.
ARTICLE 11,
DESIGN BUILD CONTRACTOR BOND
11.1. The DESIGN BUILD 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.
Page 8of16
ARTICLE 12
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
12.1 CITY or DESIGN BUILD 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 DESIGN BUILD CONTRACTOR
ESTIMATED PROJECT COMPLETION DATE
12.2 in no event will the DESIGN BUILD 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 may be terminated by either party for cause, or the CITY for
convenience, upon written notice by the CITY to DESIGN BUILD CONTRACTOR in
which event the DESIGN BUILD CONTRACTOR shall be paid its compensation for
services performed to termination date. In the event that the DESIGN BUILD
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 DESIGN BUILD CONTRACT sum, All finished or unfinished documents, data,
studies, plans, surveys, and reports prepared by DESIGN BUILD CONTRACTOR shall
become the property of CITY and shall be delivered by DESIGN BUILT] CONTRACTOR
to CITY'
13.2 This Agreement shall tale effect as of the date of execution as shown herein below and
continue for such time as is contemplated by the Agreement
ARTICLIR 1
CONTRACT DOCUMENTS
14.1 DESIGN BUILD CONTRACTOR and CITY hereby agree that the following Specification
Page 9 of 16
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; CONSULTANT`s proposal as set forth in Exhibit "B
the RFP, Exhibit "A" and any other exhibits thereto, or to this Agreement. However,
the language of the RFP shall be amended as follows: The DESIGN BUILD
CONTRACTOR will be expected to rectify any omissions and make such changes as
deemed appropriate at no additional cost unless otherwise agreed to by the parties
in writing.
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 DESIGN BUILD 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 DESIGN BUILD CONTRACTOR.
without the prior written consent of CITY. For purposes of this Agreement, any change
of ownership of DESIGN BUILD 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:.DESIGN BUILD CONTRACTOR shall keep books and records and require any
and all SUB- CONTRACTORS 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 a.ny expenses for which DESIGN BUILD 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 Ownership 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: DESIGN BUILD CONTRACTOR warrants that it has not employed
or retained any company or person, other than a bony fide employee working solely
for the DESIGN BUILD 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 DESIGN BUILD 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 DESIGN BUILD CONTRACT Sung or otherwise recover
the full amount of such fee, commission, percentage, gift or consideration.
Page 10 of 16
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 Iast 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 DESIGN BUILD CONTRACTOR and the CITY designate the
following as the respective places for giving of notice:
CITY:
COPY TO:
Kelvin L. Baker, City Manager
3400 NW 135th Street, Building-B
Opa-locka, Florida 33054
Vincent T. Brown, City Attorney
3400 NW 135th Street, Building B
Gpa-locka, Florida 33054
COPY TO: Nlagsood Mohammad Nasitr, PE, City Engineer/CIP Director
3400 NW 135th Street, Building-B
Opa-locka, Florida 33854
DESIGN BUILD CONTRACTOR:
INTERCOUNTY ENGINEERING, INC.
1925 NW18th Street
Pompano Beach, FL 33069
Tel: (954) 972-9800 TXT 207
Fax: (954) 960-8616
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
Page 11 of 16
these 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.
15.1.2 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.
1.5.1.3. 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.
15.1.4 Extent of Agreement: This Agreement, together with all DESIGN BUILD CONTRACT
documents, and all exhibits hereto or to the DESIGN BUILD CONTRACT documents,
represents the entire and integrated agreement between the CITY and the DESIGN
BUILD CONTRACTOR and supersedes all prior negotiations, representations or
agreements, either writtefl or oral,
15.1.5 Wajver: 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.
15.1.6 Equal Opportunity Employment: DESIGN BUILD 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 ILO
NOTICE TO PROCEED
The DESIGN BUILD 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.
Page 12 of 16
CITY OF OPA-LOC
By:
Kelvin L. B
City Manage r
ATTEST:
By. OLkkek
joanpf. Flores, CNC
Cit3ACIerk
APPROVED AS TO FORM:
By:
Vincent T. Brown
City Attorney
INTERCOUNTY ENGINEERING, INC
By: .7.- )
Nfaunce A. Dynes.;
President
ATTEST:
••'
-
By: )0,1.
Autfiorized Rep, esentative
WITNESSES:
By:
Cd) tL
ITC) t.
{."
Signa
Signature
Page 13 of 16
STATE OF: Florida
COUNTY OF: Miami Dade
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared 11/4-A itk - ,t..5
as C&Isst(X-r , of � �id, et.� LA- �nr 5\ �c. a
Florida corporation , and acknowledged executed the foregoing Agreement as the
proper official of \k,AeAt' (.)1LA ; n?..0:1, for the use and
t
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 h d and official seal at in
the State and County aforesaid on this 'itday of 2015.
e
OTARY UBLIC
My Commission Expires:
fib°` s,+5 {"',. .4,"�?x-�'
- `'�:r 3:, �I.e :1
eaa : , .
�C O?) 3u 953
Page 14 of 16
See attached document for Exhibit "A"
REQUEST FOR PROPOSAL (RFP)
Page 15 of 16
See attached document for Exhibit "B"
DESIGN BUILD CONTRACTOR'S PROPOSAL
Page 16 of 16