HomeMy Public PortalAbout12-8411 Agreement with C&I Construction and Design for Pump Station 11c Sponsored by: City Manager
RESOLUTION NO. 12-8411
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE
THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH C&I CONSTRUCTION AND
DESIGN, INC. FOR THE REHABILITATION OF
MASTER SANITARY SEWER PUMP STATION 11C, IN
AN AMOUNT NOT TO EXCEED ONE MILLION FOUR
HUNDRED SEVENTY-FIVE THOUSAND ONE
HUNDRED EIGHTEEN DOLLARS ($1,475,118.00),
PAYABLE FROM ACCOUNT NUMBER 35-535630;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City issued Request for Proposals (RFP) for the rehabilitation of
Sanitary Sewer Pump Station 11C and received responses thereto; and
WHEREAS, Pump Station 11C is very old, has had frequent failures and is in critical
need of complete rehabilitation; and
WHEREAS, the RFP evaluation panel composed of non-City staff members ranked the
vendors based on advertised criteria; and
WHEREAS, C&I Construction and Design, Inc. was the most responsive and
responsible and the highest ranked bidder per the panel's evaluation; and
WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to
enter into an agreement with C&I Construction and Design, Inc., for complete rehabilitation of
Pump Station 11C, in an amount not to exceed $1,475,118.00.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 12-8411
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to enter into an agreement with C&I Construction and Design, Inc. for the rehabilitation
of master Sanitary Sewer Pump Station 11C, in substantially the form attached hereto, in an
amount not to exceed One Million Four Hundred Seventy-Five Thousand One Hundred Eighteen
Dollars ($1,475,118.00), payable from account number 35-535630.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 9th day of May, 2012.
MY' • / AYLOR
MAYOR
• ttest to: Approved as to form and legal sufficiency:
r-.)-L,
1 /I I I r
oanna Flores Jo•;p'f PI. teller
nterim City Clerk • Atto ey
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER MILLER
Commission Vote: 3-2
Commissioner Holmes: NO
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: NO
Mayor Taylor: YES
Op
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•
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OAaoawt4o
City of Opa-Locka
Agenda Cover Memo
Commission Meeting 05/09/2012 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
x Public Hearing: Yes No Yes No
(EnterX in box) X X
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
Ex: (EnterX in box) X
Account#35-535630 Water and Sewer
fund RFP was advertized and received 3
proposals.
Contract/P.O. Yes No RFP/RFQ/Bid#: #12-2402100
Required: X
(Enter X in box)
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
(Enter X in box) (list the specific objective/strategy this
X Enhance Organizational El item will address)
Bus.&Economic Dev
Public Safety 1. Must complete to to
Quality of Education 0 facilitate the
Qual.of Life&City Image - requirements of DERM
Communication 0
Sponsor Name City Manager Department: Public Works
Short Title:
Pump Station # 11C Rehabilitation
Staff Summary:
Staff recommends approval to facilitate the requirements of DERM. The FRP evaluation panel consisted of non-City
staff was selected by the City Manager and they ranked the vendors based on price proposal, references, local works
force participation, and other criteria as outlined in the advertized RFP package.
Pump Station #11C Rehabilitation 1
Proposed Action:
C & I Construction and Design, Inc is the 2nd lowest, most responsive, and the highest ranked bidder per attached
panel member's evaluation sheet and the summary sheet.
Attachment:
1. Agenda
2. Evaluation Summary Sheets
3. Panel Member's evaluation sheet
4. Copy of Resolution# 12-8326
5. Copy of Contract Agreement
Pump Station #11C Rehabilitation 2
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O T O /
MEMORANDUM
TO: Mayor Myra L. Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timoth olmes
Commissioner
;01;j'''Clus Commissioner •r
FROM: Bryan K. Finme`r,/ anager
DATE: April 27,20
RE: Pump : r,n# 11C Rehabilitation
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH C&I CONSTRUCTION AND DESIGN, INC. IN THE
AMOUNT NOT TO EXCEED ONE MILLION FOUR HUNDRED SEVENTY FIVE
THOUSAND ONE HUNDRED EIGHTEEN DOLLARS ($1,475,118.00) FOR THE
REHABILITATION OF MASTER SANITARY SEWER PUMP STATION 11C. C&
CONSTRUCTION AND DESIGN, INC. IS THE MOST RESPONSIVE OF THE
THREE BIDDERS THAT RESPONDED TO THE RFP AS RECOMMENDED BY
THE NON-CITY STAFF REVIEW PANEL.
Description: The City of Opa-locka requested and received proposals for the rehabilitation of Sanitary
Sewer Pump Station 11C. The triplex master pump station 11C with wet well/dry well configuration is
in critical need of complete rehabilitation. As the pump station 11C is very old and experiences
very frequent failure, several sewer back-ups leading to a sanitary sewer overflow (the
discharge of raw sewage into the environment) have been reported. The sewer back-ups due
to pumps failure at the master pump station have a health risk to the public and potentially
have environmental effects on the street and also into the adjacent canal. The rehabilitation of pump
station 11C will prevent sewer back-ups and will also meet Miami-Dade County requirements.
Account Number: 35-535630
Financial Impact: $1,475,118; the adopted budget included$847,000 funding for this project. The FY
2011-2012 amended budget will fund the project to $1,475,118.
Implementation Timeline: Immediately upon approval.
Legislative History: 12-8326
Recommendation(s): Staff recommends approval to facilitate the requirements of DERM. The RFP
evaluation panel consisted of non-City staff members were selected by the Office of the City Manager
and they ranked the vendors based on price proposal, references, local works force participation, and
other criteria as outlined in the advertized RFP package. The following is the bid and score
comparison table:
Vendor Bid Price Total Score Rank
C&I Construction and Design, Inc. $1,475,118.00 378 1st
Comtech Engineering, Inc. $1,454,118.00 362 2nd
RJR Construction, Inc. $2,036,070.00 160 3rd
C & I Construction and Design, Inc were most responsive and the highest ranked bidder per attached
panel member's evaluation sheet and the summary sheet.
Analysis: Pump station 11C serves the City and also adjacent sections of unincorporated Miami- Dade
County, and also some nearby areas of the City of Miami Gardens as station 11C receives discharges
from all other stations in the City and transmits sewage into Miami-Dade County Sewer system. The
pumps failure at the master pump station impacts all other stations in the City. The sewer back-ups
due to station 11C failure may cause serious sewer backups in anywhere in the City.
Attachment:
1. Memo from City Manager dated 4/27/12: Recommendations for Pump
Station Construction
2. Evaluation Summary Sheet
3. Panel Member's evaluation sheet
4. Copy of Resolution# 12-8326
5. Draft Contract Agreement
PREPARED BY: Mohammad Nasir,PE,Interim Public Works Director
Faye Douglas,Budget Administrator
END OF MEMORANDUM
,..1 L O r .
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MEMORANDUM
To: Mayor and City Commission
From: Bryan Finnie, Ci anager
Date: April , 2012
Re: Recommendations for Pump Station Construction
At the May 9th Commission Meeting, staff will recommend for City Commission approval C&I
Construction & Design Inc for the rehabilitation of Pump Station #11C and Comtech
Engineering, Inc for the rehabilitation of Pump Station #10.
Five professionals outside of the City graciously agreed to evaluate the proposals submitted for
these two projects. The evaluation panel consisted of:
1. Michael Martin, Primary Source Funding
2. Steven Barrett, City of Opa-locka resident
3. Dennis Stackhouse, 780 Fisherman Management
4. Wayne Davis, In Touch Trucking
5. Lawrence Wright, Lawrence Wright & Partners
On Pump Station 11C, staff will recommend the highest ranked firm, C&I Construction &
Design.
With regards to Pump Station #10:
• C&I Construction & Design Inc was highest ranked proposal and Comtech Engineering,
Inc was second.
• Mr. Lawrence Wright was unable to rate all of the proposals, therefore, only the ratings
from the other four evaluators were used.
• Nevertheless, the evaluation panel suggested that the City enter into an agreement with
Comtech Engineering, Inc for two primary reasons: (1) C&I Construction & Design Inc
was highest ranked proposal, however there were concerns if the company has the
wherewithal (internal cash flows) to work on three pump stations (including the already
approved Pump Station #11A) at the same time. Comtech Engineering, Inc was also
highly ranked when it came to price, references, and the letter of introduction. (2)
Additionally, the panel and staff believe that it's in the City's best interest to diversify
our contracting pool. Concentration of these services could lead to over-reliance and if
the firm were to be dissolved, our short term options would be limited.
• Construction of Pump Station #10 will begin once the rehabilitation of Pump Station 11A
is completed since Pump Station #10 feeds into Pump Station HA.
Based on my review of the committee's recommendation, I am recommending that the City
enter into contracts with C&I Construction & Design Inc for the rehabilitation of Pump Station
#11C and Comtech Engineering, Inc for the rehabilitation of Pump Station #10.
Please let me know if you have any questions.
BF/fd
CITY OF OPA LOCKA
EVALUATION FORM
LIFT STATION 11C
RFP-12-2402100
EVALUATION RJR C& I COMTECH
PRICE
MAX PTS 80 Michael 40 80 80
Dennis 40 80 80
Wayne 40 80 80
Steve 40 75 60
EXPERIENCE
MAX PTS 10 Michael 0 8 9
Dennis 0 8 10
Wayne 0 8 10
Steve 0 10 5
LOCAL WORK
MAX PTS 5 Michael 0 1 4
Dennis 0 3 5
Wayne 0 3 5
Steve 0 5 3
FINANCIAL
MAX PTS 3 Michael 0 2 3
Dennis 0 2 3
Wayne 0 2 3
Steve 0 3 1
SCHEDULE
MAX PTS 2 Michael 0 2 0
Dennis 0 2 0
Wayne 0 2 0
Steve 0 2 1
160 378 362
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"ORCTEO,
CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
C&I CONSTRUCTION AND DESIGN, INC.
FOR
LIFT STATION 11C REHABILITATION
AGREEMENT
THIS IS AN AGREEMENT, dated the 16 day of April , 2012, between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter "CITY,"
and
C&I Construction and Design,Inc.
A licensed Company, authorized to do business in the State of Florida,
hereinafter"CONTRACTOR."
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set forth,
CITY and CONTRACTOR agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to generally
express the objectives, and intentions, of the respective parties herein, the following statements,
representations and explanations shall be accepted as predicates for the undertakings and commitments
included within the provisions which follow and may be relied upon by the parties as essential elements of the
mutual considerations upon which this Agreement is based.
1.1 CITY requested proposals for Lift Station 11C Rehabilitation indicating the CITY's desire to hire a
Contractor to perform this work.
1.2 On April 11,2012,the CITY awarded the CONTRACT and authorized the proper CITY officials to
enter into an agreement with CONTRACTOR to render the services more particularly described
herein below.
ARTICLE 2
SCOPE OF WORK
2.1 The CONTRACTOR shall furnish all of the materials,tools, supplies, and labor necessary to perform
all of the work described in the plans and specifications for the rehabilitation of Lift Station 11C, a
copy of specifications is attached hereto and specifically made a part of this Agreement as Composite
Exhibit "A".
2.2 CONTRACTOR hereby represents to 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 twelve (12) 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 April
16,2012. CONTRACTOR shall complete all work in a timely manner by April 16, 2013.
3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion approved
by CITY in advance, in writing, will not constitute a delay by CONTRACTOR. Furthermore, a delay
due to an Act of God, fire, lockout, strike or labor dispute, riot or civil commotion, act of public
enemy or other cause beyond the control of CONTRACTOR shall extend this Agreement for a period
equal to such delay and during this period such delay shall not constitute a delay by CONTRACTOR
for which liquidated damages are due.
3.3 Contractor's failure to perform the work specified in Exhibit"A" shall result in Contractor being
required to pay liquidated damages in the Amount $1000 per day for each unexcused day after the
completion date set forth in Section 3.1 above.
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this Agreement,
$1,475,118.00 for 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, a copy of which is attached hereto and made a part hereof as Exhibit "B", with no
change in the price shown. A total contact price hereto is referred to as Contract Sum and shall be
ONE MILLION FOUR HUNDRED SEVENTY FIVE THOUSAND ONE HUNDRED EIGHTEEN DOLLARS
A '1 i,.4 al.... r+C\XT'TT) A rmr n .-L..11 ,.it ...,...:,.�,.
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
CONTRACTOR except those previously made and still unsettled.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon Project
Applications and Certificates for Payment issued by the Owner, the Owner shall make progress
payments on account of the Contract Sum to the Contractor as provided below and elsewhere in
the 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 Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum 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
require. This schedule, unless objected to by the Owner, shall be used as a basis for
reviewing the 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 Contract Documents, the amount of each progress
payment shall be computed as follows:
5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by
the share of the total Contract Sum allocated to that portion of the Work in the
Schedule of Values, less retainage of Ten percent (10%). 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 amount of credit to be allowed by the Contractor to
the Owner for a deletion or change which results in a net decrease in the 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 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 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.
under the following circumstances:
5.3.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase
the total payments to Ninety percent (90%) of the 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 Contract Sum, shall be made by the Owner
to the Contractor when (1) the Contract has been fully performed by the Contractor except for the
Contractor's responsibility to correct nonconforming Work 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 Owner and 3) the contractor has met all provisions of the reporting requirements of
grants if the project is funded by grant money; such final payment shall be made by the Owner not
more than 20 days after the issuance of the final Project Certificate for Payment.
ARTICLE 7
CONTRACTOR'S LIABILITY INSURANCE
7.1 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.
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 A.M. Best Guide.
7.4 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 there under is in effect. The
CONTRACTOR shall not continue to work pursuant to this 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.
7.6 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.
7.7 The CITY reserves the right to require any other insurance coverage it deems necessary depending
upon the exposures.
ARTICLE 8
PROTECTION OF PROPERTY
8.1 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 9
CONTRACTOR'S INDEMNIFICATION
9.1 The 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
Contractor. The CONTRACTOR further agrees not to sue or seek any money or damages from CITY
in connection with the above mentioned matters.
9.2 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.
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 10
INDEPENDENT CONTRACTOR
10.1 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 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 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.
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 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:
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: Bryan K. Finnie, 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: Carlos Maldonado, President
C&I Construction and Design, Inc.
15461 SW 170th Terrace, Miami, Florida 33187
Phone: (786) 287-9903 Fax: (786)430-1747
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.
CITY OF OPA-LOCKA
ATTEST:
BY:
Joanna Flores, CMC Bryan K. Finnie
Interim 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 WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this_day of , 2012.
NOTARY PUBLIC
My Commission Expires:
See attached document for Exhibit "A"
SPECIFICATIONS
See attached document for Exhibit "B"
PRICE PROPOSAL
Sponsored by: City Manager
Resolution No. 12-8326
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE
CITY MANAGER TO ADVERTISE AND ISSUE A
REQUEST FOR PROPOSALS (RFP) FOR QUALIFIED
PROFESSIONAL CONTRACTORS FOR THE
RECONSTRUCTION OF MASTER SANITARY SEWER
PUMP STATION 11C; PROVIDING FOR
INCORPORATION OF RECITALS;PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,there is a need for the reconstruction of Master Sanitary Sewer Pump Station
11C, due to severe wear and tear to all mechanical and electrical components ; and
WHEREAS,the City Commission of the City of Opa-locka desires qualified professional
contractors to service Pump Station 11C; and
WHEREAS,the City of Opa-locka will advertise and issue a Request for Proposals(RFP)
for qualified professional contractors for reconstruction work to Master Sanitary Sewer Pump
Station 11C.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, authorizes and directs the
City Manager to advertise and issue a Request for Proposals (RFP) for qualified professional
contractors for the reconstruction of Master Sanitary Sewer Pump Station 11C.
Resolution No. 12-8326
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 25th DAY OF January,2012.
RAT-, LOR
MAYOR
Attest to: Approved as to orm and legal sufficiency:
! , ! °1 k
Cis `� ,...�
-_. ah S. Ir.t J.:eph ' eller
City Clerk • Att., ey
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER TYDUS
Commission Vote: 4-1
Commissioner Holmes: NO
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
O` LOe
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oHuoup FV;I;
MEMORANDUM
TO: Mayor Myra L.Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner G:" Miller
FROM: Bryan K.Finni eager
DATE: January ,21
RE: Pump :tion#11C
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO ADVERTISE AND ISSUE
A REQUEST FOR PROPOSALS (RFP) FOR QUALIFIED CONTRACTORS FOR
THE RECONSTRUCTION OF THE MASTER SANITARY SEWER PUMP
STATION 11C.
Description: The City of Opa-locka will issue a Request for Proposal for contractors for the reconstruction
of Sanitary Sewer Pump Stations I 1C in order to remove it from moratorium. The City entered into a
Consent Agreement with DERM on October 7, 2009 to correct deficiencies in the operations of the
Sanitary Sewer System. Part of the agreement addresses reconstruction of the stations under moratorium to
comply with DERM requirements. Visual inspections reveal severe wear and tear to all mechanical
and electrical components of Pump Station 11C which causes frequent manhole surcharges which
could potentially have environmental effects on the street and also into the adjacent canal.
Financial Impact: The stations have approved funding in the FY 2012 budget plan.
Implementation Timeline: The pump stations have been designed and permitted. Upon approval,the
procurement process will commence.
Legislative History: None
Recommendation(s): Staff recommends approval to facilitate the requirements of DERM.
Analysis: The pump stations are aged and have been assigned varying stages or moratorium status by
DERM. This has imposed a building moratorium in the service areas of these stations. As a result growth
and development have been hampered causing a loss of revenue for the City. The rehabilitation of the
stations is vital to the City's continued development.
The station rehabilitation will consist of the installation of new pumps, generator building,
emergency by-pass system, connection piping, check valves, plug valves, pressure gauges, new
electrical controls, panels, enclosures, switch gear, and all the associated electrical conduits;
raceways,and other pump station components in accordance to Miami Dade County standards.
Attachment: Copy of RFP
PREPARED BY: Mohammad Nasir,PE,City Engineer,Public Works and Utilities
END OF MEMORANDUM