HomeMy Public PortalAbout09-7976 Dirtsa Concrete & Pavers Co. Sponsored by: City Manager
RESOLUTION NO. 09-7976
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA, ACCEPTING THE
QUOTE FROM DIRTSA CONCRETE & PAVERS CO. AND
AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS
IN THE AMOUNT OF FIVE THOUSAND SIX HUNDRED
AND SEVENTY DOLLARS AND ZERO CENTS(5,670.00)TO
DIRTSA CONCRETE & PAVERS CO. FOR THE SUPPLY
AND INSTALLATION OF CONCRETE BRICK PAVERS IN
THE COMMUNITY GARDEN,PAYABLE FROM ACCOUNT
NO. 72-572630
WHEREAS,the City of Opa-locka("City")is constructing a community garden at the corner
of Sharazad Boulevard and Codadad Street which requires brick pavers to provide a safe path for
access to and around the garden; and
WHEREAS,pursuant to Section 2-319 of the City's Code of Ordinances,the City Manager
has determined that emergency procurement is necessary and the delay incident to giving an
opportunity for competitive bidding would be detrimental to the interests of the City; and
WHEREAS,the City requested quotes from various vendors and Dirtsa Concrete and Pavers
Co. provided the most responsive quote for the supply and installation of brick pavers for the
community garden in the amount of in the amount of Five Thousand Six Hundred and Seventy
Dollars and Zero Cents (5,670.00); and
WHEREAS,the City Manager is requesting authorization from the City Commission of the
City of Opa-locka("City Commission")to accept the quote from Dirtsa Concrete and Pavers Co.and
expend funds in the amount of Five Thousand Six Hundred and Seventy Dollars and Zero Cents
(5,670.00) for the supply and installation of brick pavers for the community garden.
Resolution No. 0 9—7 9 7 6
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 accepts the quote from
Dirtsa Concrete and Pavers Co. and authorizes the City Manager to expend funds in the amount Five
Thousand Six Hundred and Seventy Dollars and Zero Cents (5,670.00) to Dirtsa Concrete and
Pavers Co. for the supply and installation of brick pavers for the community garden, payable from
Account Number 72-572630.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9 day of DECEMBER , 2009.
JOSEP ' . LLEY
MA OR
Attest: :i jj Approved as to form and legal suffic ency:
ry /
ebora S. • Burnadette Norris- Veeks
City Clerk City Attorney
Moved by: JOHNSON
Seconded by: TYDUS
Commission Vote: 4-1
Commissioner Holmes: NO
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
pa
9
G
Memorandum
TO: Mayor Joseph L.Kelley
Vice-Mayor Myra L.Taylor
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
Commissioner Rose Tydus
FROM: Byran K Fi • •'m City Manager
DATE: October 19,2009
RE: Brick Payers for Community Garden
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXPEND
FUNDS IN THE AMOUNT OF FIVE THOUSAND SIX HUNDRED AND
SEVENTY DOLLARS AND ZERO CENTS ($5,670.00) TO DIRTSA CONCRETE
& PAVERS FOR THE SUPPLY AND INSTALLATION OF CONCRETE BRICK
PAVERS IN THE COMMUNITY GARDEN PAYABLE FROM ACCOUNT NO.
72-572630.
Description: The Community Garden located at the corner of Sharazad Boulevard and Codadad Street
will provide a quiet, relaxing environment to residents and visitors. This garden is designed with
interconnected radial walkways. The brick pavers will enhance the sidewalk and provide a safe path for
access to the garden. The site's beautification will enhance the appearance of one of Opa-locka's most
prominent Boulevards.
Financial Impact: The anticipated cost for the concrete brick pavers is Five Thousand Six Hundred and
Seventy Dollars($5,670.00). This item is budgeted and funded through account number 72-572630.
Implementation Time Line: Supply and installation of the pavers is expected to be three weeks from
approval of this item.
Recommendation(s): Staff recommends approval.
Analysis: Dirtsa Concrete&Paving provided the most competitive quote from a pool of three vendors.
ATTACHMENT(S):
1)Resolution 2) Quote
PREPARED BY: Judeen Johnson,Projects/Utilities Engineer
END OF MEMORANDUM
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FROM :DIRTSA CONCRETE AND PAUERS FAX NO. :305 805 3753
Aug. 11 2009 12:03PM P 2
DIRTSA CONCRETE&PAVERS
1001 SE 11 STREET
HIALEAN,PL 33010
CUSTOMER
CITY OF(:)PA LOMA ESTIMA1°.1F
JI)i)IN JOHNSON
DATE
• COMMUNITY CHAR ENS
12450 NW 42 AVE ESTIMATE i`;O.
()PA LOCKA,FL.
8/11/2009
)0271
PROJECT: CONTACT:
ilmminelcom PAX:
305.45.3.2871I 305-953.
QTY DESCRIPTION '•-'
2,100 SF OE BRIO:K PAVER INSTAI.I•ATKIN ON 3"
SHAPE COLOR UNIT Total
SAND I3ED.PAVERS QUOTED ARE STANDARD S I'ANr)AI(ll EARTH I'()Ni
SHAVE AND J ARTH1'()NE M COLOR. 2.70 5,670,x,
NOTE:if PASTEL PAVERS(WI II'1'E CEMENT)
ARE DESIRED)THERE.WILL RE AN
ADDITIONAL.30 CENTS COST'I'()THE SQUARE
FOOT PRICE. RRINGINCI TEE'I.OTAL OF rHls
ESTIivIA'1•E TO 56,300.00.
NO1'1r:PERMITS HEADER Claws AND sun
BASF.ARE NOT INCI,I IDED IN THIS ES'I.1MA•1E.
ALSO N(TIi THA'I''r1iP SQUARI?FOOTAGE WAS
GIVEN IlY PHONI':THEREFORE THE SQUAItIi
FOOTAGE NEEDS TO III:VERIFIED ON TI IE
FIELD.SQUAD FOOTAGE IS SUBJECT TO
CHANGE,MY SQUARF:FOOT PRICE WILL NOT.
FIELD F i B H ( FINAL IE To#al
DEPENDS ON FINAL111 nMEAS RMENT WIENOB P) TED)
•
SEE NEXT'I'M ill I'OR CONDITIONS
APPROVED
n Via&Ps Nom bas,401mtlion.aa9
., � 1It l(1 1111?
`�, ,' L .
Date: August 3,2009
``,\.;.../ Quatation a: 1033
Customer ID: BPI090731
Customer: City of Opa-Locka
Address: 12950 LeJune(NW 42 Ave.)
City/State/Zip: Opa_locka,FL.33054
Telephone;: (305)953-2828
Fax#: (305)953-2824 Email address: jiohnsonCa)opalockafl.gov
lob/Material Area(Sqft.) Description and Material of the Work to\lake Unit Price Total
Walkway Sqft. 2.100,00 sales and installation of new pavers 2"in dark colors $ 3,30 $ 6.930,00
includes:labor,new brick pavers,concrete sand,light sand,
cement,and rubble bounces
Subtotal $ 6.930,00
Sales Tax $ -
Total $ 6.930,00
Terms
50%of the payment in advance up to 2 days before the date of elaboration are required to be able to make the delivery
of the brick paver and other materials,then 25%to begin the installation work and the remaining 25%at the time of completion.
Work start as soon as materials are delivered
The estimated price may vary without prior abis until the contract is not signed.
This quote is not valid after 15 days of receipt.
Warranty
2 years
\k *, , \,.
.$
Authorized by Date Received by Date
Oxtagon,I,L.C.• 9284 SW 220th St.Cutler hay,FL 33190 ' Telephone:(305)389.1158 ' Fax:(786)863.8283
rmauEres
AFFORDABLE QUALITY
October 21, 2009
City of Opalocka Sharazad Blvd.
12950 NW 42 Ave.
Opalocka, Florida 33054
Fax: 305-953-2895/Office: 786-216-9524
Atten: Judine Johnson JJohnsongopalockafl.com
For Supply and Installation of Brick Pavers as specified.
NOTE; SUB Grade to be 31/�"below finished grade by others.
Break down of Material's:
Approx. 2,100 sq. ft.
Material, tax and delivery: Gem Pavers: $3,278.45
Labor to Install: $3,150.00
Sand and Delivery: $550.00
Clean up fees, unless dumpster provided: $250.00
Permits by others unless other wise noted, If pulled by AQ Pavers,
cost will be $250.00 courier fees plus permits cost.
Thank You,
Keith Fields, 954-245-1665 Cell
Ana Andrade, 954-297-9349 Cell
Affordable Quality Pavers, Inc.
4699 N Federal Hwy - Suite 109 D - Pompano Beach, FL 33064
Phone and Fax 954 642-9692
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0 AORAtE
CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
DIRTSA CONCRETE & PAVERS
FOR
INSTALLATION OF BRICK PAVERS AT THE COMMUNITY GARDEN
OCTOBER 7, 2009
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AGREEMENT
THIS IS AN AGREEMENT dated the 5th day of October, 2009, between:
CITY OF OPA-LOCKA, a Florida municipal corporation,
hereinafter"CITY,"
and
DIRTSA CONCRTE & PAVERS
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 fabrication and installation of aluminum fence
indicating the CITY's desire to hire a Contractor to perform work concerning
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1.2 On September 4 2009, 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 proposal for installation of
2100 square feet of brick paver at the Community Garden Project, a copy of which is
attached hereto and specifically made a part of this Agreement as Composite Exhibit "A".
2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is
relying upon these representations when entering into this Agreement with
CONTRACTOR, that 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-perform 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 October 23, 2009 CONTRACTOR shall complete all work in a
timely manner by November 6, 2009 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
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dispute, riot or civil commotion, act of public enemy or other cause beyond the control of
CONTRACTOR shall extend this Agreement for 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$5,670.00 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 October 5, 2009, a copy of which is
attached hereto and made a part hereof as Composite Exhibit "B", with no change in the
price shown. A total contact price hereto is referred to as Contract Sum and shall be
FIVE THOUSAND, SIX HUNDRED AND SEVENTY DOLLARS.
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.
ARTICLE 5
CONTRACTOR'S 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.
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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.
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ARTICLE 6
PROTECTION OF PROPERTY
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.
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•
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.
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 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
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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.
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
8 of 12
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 Permits. Contractor shall insure that all required permits in compliance
to applicable Florida code and standards have been secured prior to
commencing any work.
13.4 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. 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.
13.5 Ownership of Documents. Reports, surveys, plans, studies and other data
provided in connection with this Agreement are and shall remain the property of City.
13.6 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
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consideration.
13.7 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: Bryan K. Finnie, Interim City Manager
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
Copy To: Burnadette Norris-Weeks, City Attorney
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
CONTRACTOR: DIRTSA CONCRETE & PAVERS
1001 SE 11 Street
Hialeah FI, 33010
13.8 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.
13.9 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.
13.10 Headings. Headings herein are for convenience of reference only and shall not be
considered on any interpretation of this Agreement.
13.11 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
10 of 12
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.
13.12 Governing Law. This Agreement shall be governed by the laws of the State of
Florida with venue lying in Miami-Dade County, Florida.
13.13 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.
13.14 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.
13.15 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.
13.16 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 Bryan K. Finnie, Interim City Manager
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APPROVED AS TO FORM:
Burnadette Norris-Weeks, City Attorney
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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 , 2009.
NOTARY PUBLIC
My Commission Expires:
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See attached document for Exhibit "A"
(No. — Date 2009)
14 of 12
See attached document for Exhibit "B"
(No. — Date 2009)
15 of 12
EXHIBIT A
--- -._••_`•'� 7Anc.Fwm-.4.i r-��Kvra.i.limilimitimlNIIN 1tldirallEIIIMU1'J1IKar 'i1J:rn1111MEMI11■1111111 M
FROM :DIRTSA CONCRETE AND PAVERS FAX NO. :305 805 3753 Aug. 11 2009 12:03PM P 2
DIRTSA CONCRETE&PAVERS
1001 SE 11 STREET
HIALEAH,PL,33010
CUSTO •
tVYOFPAL!R
8/11/2 09
10271
PROJECT: CONTACT:
PH: FAX: ._
COMMUNITY GARDENS
111n�11(>yNSON 305.951-2R21t •,."`
3115-957.2119$
QTY DESCRIPTION
SHAPE COLOR
2,100 SF OF BRICK PAVER INSTAI.►.AT1ON(,)N 3" UNIT Total
SAND BED.PAYERS QUOTED AIt1-.STANI)A�1 S IA EARTH'I'<)NF.
•
SHAPE AND h:ARTHTONE IN COLOR. 2.70 S,b70,C r
NOTE!tFPAS•I'1;L PA VI?RS(WI IT'I'E• CEMENT)
ARE DESIRED THERE WILT.RE AN
Ar)D1'1'I()NAI,.30(:F,N71(:OST TO THE SQUARE
FOOT PRICE. I1RINO1N(i THE TOTAL Oh'THIS
ESTIMATE,T()56,300.00.
NOM.:PERMITS HEADER CURBS AND Sure
BAST;ARE NOT INCI.l10ED IN THIS ES'T'IMATE.
A1•8O NU'rl?T iVF rur SQUARE FOOTAGE WAS
GIVEN IlY PHONI(THEItEFORE THE SQUAW I
FOOTAGE NEEDS TO TIE VERIFIED)ON TI IE
FIELD.SQUARE{FOOTAGE IS SUBJEC'I"I'O
CHANGE.MV SQUARE l'OOT PRI(:1.WILL NOT.
(FINAL FIELD MEASUREMINT SUBJECT TO CHANGE.DEPENDS ON FINAL 1711,1D MEAS(IREMENT WI I N JOB IS CCOM METED) q
•
Total 1+.,670.00-.
SET;NEXT 1A(11;FOR CONUrrloNs
APPROVED
QgKatug l E:IiES1111■111111E IKIK IIIIr LPTii1FE ► 3S�ii=M dIIK '. 41t1& . Ilf►7IMINI
" THE GREAT CITY "
FROM :DIRTSA CONCRETE AND PAUERS FAX NO. :305 805 3753 Oct. 15 2009 04:04PM P 2 TQB
Construction Trades Duailfying Board
,•a .�+f". • ..°:�•BUSINESS CERTIFICATE OF COMPETENCY
E95400.
i+!rid 'a Y•DIRTSA CONSTRUCTION CO.
``. r•D,B.A.'DIRTSA CONCRETE&Pi 1f6ERS
DIAZ HARVEY
Is certified under the provisions of Chapter 10 of Miami-Dade County
VALID FOR CONTRACTING UNTIL 0913012009
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QUALIFYING TRADE(S)
0007 PAVING ENGINEERING
Gomm Gonzalez P Iu/ Tt�,1,
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CITY HALL• 780 FISHERMAN STREET, OPA-LOCKA, FLORIDA 33054 • (305)688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
t3aKa ►ice•ERMINIIINIIMMIIIMZ iIl' Cam, PM F,x f • 1' III ' 0EIT:7:4
FROM :DIRTSA CONCRETE AND PAVERS FAX NO. :305 805 3753 Oct. 15 2009 04:04PM P 3
MIAMI-DADE COUNTY 2009 MUNICIPAL CONTRACTOR'S 2010 FIRST•CLASS
TAX COLLECTOR TAX RECEIPT U.S.POSTAGE !
140 W.FLAGLER ST, MIAMI-DADE COUNTY•STATE OF FLORIDA PAID
1st FLOOR PURSUANT TO COUNTY CODE SEC. 10-24
MIAMI,FL 33130 EXPIRES SEPT.30,2010 MIAMI,FL
•
PERMIT NO,231
30-3626539 TFS I �I<?T A BILtE9g�a1�T PAY
RECEIPT NO.
BUSINESS NAME I Q ATION
RECEIPT HOLDER MAY DO
DIRTSA CONCRETE & PAVERS
BUSINESSASACONTRACTOR
1001 SE 11 ST AS SPECIFIED HEREON.
OWNER :DIRTSA CONSTRUCTION CO
SPECIALTY ENGINEERING CONTRACT
A LIST OF NON-PARTICIPATING
MUNICIPALITIES
Recoipl holder tnusl DO NOT FORWARD
regi•ler in the city DIRTSA CONCRETE & PAVERS
where work i^,tone HARVEY DIAZ PRES
done. 1001 SE 11 ST
HIALEAH FL 33010
PAYMENT RECEIVED
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-ca`;' 'r`'' ' 1001 SE 11 ST
1° ;,a4r'r t` ;r HIALEAH FL 33010
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SEE OTHER SIDE
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FROM :DIRTSA CONCRETE AND PAVERS FAX NO. :305 805 3753 Oct. 15 2009 04:04PM P 4
DATEIMMIDDIYYYY) '
,4,CdR CERTIFICATE OF LIABILITY INSURANCE DIRTS i �io/15/09
PRODUCERS ' THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ,
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
inure Insurance Brokers HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
2700 SW 1.37 AVE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami FL 33175
Phone:305-223-2533 Fax:305-220-0765 INSURERS AFFORDING COVERAGE NAIC 8
INSURED INMMhItA. Scottsdale Ins. 43.297
INSURER B'. — —~
DirtEa Concrete & Pavers, IN;
R- -iv- IZ I M1rNt11 A PM F,x UTiHje sZCC 4[Ili N
FROM :DIRTSA CONCRETE AND PAVERS FAX NO. :305 805 3753 Oct. 15 2009 04:05PM P 5
ACORQM CERTIFICATE OF LIABILITY INSURANCE 10/15/21009)
PRODUCER (305)822-7800 FAX (305)822-1621 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Coll insworth, Al ter, Fowl er, Dowl ing & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. 0. Box 9315 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami Lakes, FL 33014-9315
Edith Cal deri n INSURERS AFFORDING COVERAGE NAIC#
^
INSURED Dirtsa Concrete & Pavers Co. INSURFRA, Technology Ins. Co.
DBA: Dirtsa Concrete & Pavers INSURER B:
1001 SE 11 St INSURER C'
Hialeah, FL 33010 IN$IIRCRD:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADD'L TYPE OP INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION' LIMITS
7ILINSBQ DATFIMIDOfYYI DATE ,
M
GENERAL LIABILITY EACH OCCURRENCE L
COMMERUTAI,61-NFHAI LIABILITY DAMAGE TO VENTED $
PrIFMIR 4(Pq nrr,ranrnI —
CLAIMS MADE n OCCUR MCD CXP(Any ono 06.10,11 S
PERSONAL&ADV INJURY S
GENERAL AOEIR OAIt
GEN•L AGGREGATE:LIMI I APPLIFS PER: FRUUVCTS COMP/OP AGG $
•7 POLICY n JEG I I LOC —._.... ..._ _..___
AUTOMOBILE LIABILITY COMHINED SINGLE LIMIT $
ANY AUTO (E0 arridcnl)
ALL OWNED AUTOS BODILY INJURY $
BI HEDULED AUTOS (i'Pr parrrnn)
HIRED AU 1 Ub BODII Y INJURY S
NON-OWNED AUTOS (Per accider,I)
..... PROPERTY DAMAGE s
(Pn nrr.idcnI)
GARAGE LIABILITY AUTO()WY FA ACCIDENT S
ANY AUTO OTHER THAN
ACC 1 EA
. AUTO ONLY: AClO
�
EXCESS/UMBRELLA LIABILRY ^EACH OCCURRENCE S
7 OCCUR ( I CLAIMS MAUI. AGGREGATE $
S
DEDUCT IHI I. 5
Ht ILNTION $ $OTH
WORKERS COMPENSATION AND TWC3195114 04/03/2009 04/03/2010 X 17011Y IMRS x FR
EMPLOYERS'LIABILITY
A ANYPROPRIETOWNAHINIWfxl•CLIUVf•' E.L.EACIIACCIDENT $ 1,000,000
OFFICER/MFMRER EXCLUDED,
If yea de6coDe under E.L.DISEASE•EA EMPLOYEE F 1,000,000
SPECIAL PROVISIONS Wow - r,I.I)BEASE POLICY LIMIT 5 1,000,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY E.NDORSEMENTI SPECIAL PROVISIONS
1 L .• a , aL L. I.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
City of Opa Locka BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY
780 Fisherman Street OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
Opa Locka, FL 33054-3596 AUTHORIZED REPRESENTATIVE
Justin Failoni/CR
ACORD 25(200f108) OACORD CORPORATION 1988
R- -iv-.1111MINIMIIIIMMZ Mf W'sc11 A PM F,x 17101711111WILLIKIIIINT lI 4 Ls: :MII
FROM :DIRTSA CONCRETE AND PAVERS FAX NO. :305 805 3753 Oct. 15 2009 04:05PM P 6
ACORDDATE(MM/DOPYYYY)
TM CERTIFICATE OF LIABILITY INSURANCE 10/15/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brickman Insurance&Fln.Svcs.,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
16969 NW 67th Ave.,Suite 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Miami, FL 33015 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
_` (305)822-6921
INSURERS AFFORDING COVERAGE NAIL#
INSURED _ .._ .. .......... ......
DIRTSA CONSTRUCTION COMPANY INSURER A. State Farm Mutual Automobile Insuranac Company 25176
INC DBA DIRTSA CONCRETE &PAVERS INSURER B: _
1001 SE 11TH ST INSUHERC:
HIALEAH,FL 33010 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCC LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'" POLICY EFFECTIVE POLICY EXPIRATION . . ..
LTR N51 n TYPE OF INSURANCE POLICY NUMBER DA r+nuDD/YYI DAT IMMmnrw _ LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL HBEIPHAI t'ABILITV -D'AT.7AGE TO RENTED
PRElMISFI:(Fa nc'umnra) S
.__J CLAIMS MADE { I OCCUR MED EXP(Any Cold person) $
----- PERSONAL QADV INJURY $
(itNENALAGGREGATE S
GEML AOCHFC,ATF I.IMIT APPLIES PEN: PRODUCTS•COMP/OP AGG S
I POLICY I I 5787 I LOC
A X AUTOMOBILE LIABILITY 654 0317-B23-59J 08/23/2009 02/23/2010 COMBINED SINGLE LIMIT
_ANY AUTO (Ea accident) $ 1,000 0,000,00
ALL OWNED AUTOS
X SCHEDULED AUTOS BODILY INJURY rer Rnru n)
A X X HINECIAUTOS
BODILY INJURY
A X X NON•OWNFn AUTOS • (Per Cowmen)
-
PROPERTYDAMAOE
•
(Par arLinnnl)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S _
ANY AUIU EA ACC $ .•
OTHER THAN
AUTO ONLY. Arils $
EXCESSAIMORELLALIABIUTY EACH OCCURRCNCC S
OCCUR n CLAIMS MADE AGOREOATE
DEDUCTIBLE
RETENTION $ S
WORKERS COMPENSATION AND' WCSTATU• 0TH•
EMPLOYERS'LIABILITY IO}3YLlkl75 6R
ANY PROPRIETOR/PARTNER/EXECUTIVE - E.L.EACH ACCIDENT $
OTTICERIMCMDER FxCI UOF1), -
If Sox,drenbe under .L.UISLJ�:iC-LA LMPLOYCE S
SPECIAL PROVISIONB below F'.1..DISEASE.POLICY LIMIT S
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Paver InstallatIon
CERTIFICATE HOLDER • _CANCELLATION
CITY OF OPA LOCKA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
780 FISHERMAN ST. DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
OPA LOCKA,FL. NOTICE TD THE CER1W1CATE HOLDER NAMED TO THE LEFT,OUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE � r
ACORD 25(2001108) ®ACORD CORPORATION 1988
I.3:4Kau�1 M2 OUWA'J 1311 A PM F,x E4[off
FROM :DIRTSA CONCRETE AND PAVERS FAX NO. :305 805 3753 Oct. 15 2009 04:05PM P 7
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25(2001108)
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