HomeMy Public PortalAbout12-8442 Comtech Engineering Inc for the Rehabilitation of Pump Station 10 Sponsored by: City Manager
RESOLUTION NO. 12-8442
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA TO AUTHORIZE THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH COMTECH
ENGINEERING, INC., FOR THE REHABILITATION OF
SANITARY SEWER PUMP STATION 10, IN AN AMOUNT NOT
TO EXCEED SIX HUNDRED SEVENTY SIX THOUSAND FIVE
HUNDRED FORTY THREE DOLLARS AND THIRTY CENTS
($676,543.30), PAYABLE FROM ACCOUNT NUMBER 35-535630;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City of Opa-locka issued a Request for Proposals for competitive bids for
qualified firms, for the rehabilitation and reconstruction of Pump Station 10; and
WHEREAS,Pump Station 10 is currently out of service and is in critical need of complete
rehabilitation; and
WHEREAS, the evaluation panel, selected by the City Manager's office, ranked the
vendors based on price proposal, references, local work force participation, and other criteria as
advertised in the RFP package; and
WHEREAS,of the six(6)responses to the Request for Proposals(RFP),C&I Construction
and Design, Inc. was the lowest, responsive and responsible bidder and ranked as number 1, and
Comtech Engineering, Inc. was the 2"d lowest, responsive and responsible bidder, ranked as
number 2; and
WHEREAS, since C&I Construction is currently in the process of construction and
rehabilitation of Pump Stations 11A and 11C,the evaluation panel deemed it in the best interest of
the City to award the contract for Pump Station 10 to Comtech Engineering, the second highest
ranked firm by the evaluation panel; and
WHEREAS,all Change Orders to the contract to be entered into have to be reviewed and
approved by the City Commission of the City of Opa-locka and by the County as applicable; and
Resolution No. 12-8442
WHEREAS,the City Commission of the City of Opa-locka desires to authorize the City
Manager to negotiate and enter into an agreement with Comtech Engineering, Inc., for the
rehabilitation of Sanitary Sewer Pump Station 10.
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, hereby authorizes and
directs the City Manager to enter into an agreement with Comtech Engineering, Inc., for the
rehabilitation of Sanitary Sewer Pump Station 10, in an amount not to exceed Six Hundred
Seventy Six Thousand Five Hundred Forty Three Dollars and Thirty cents ($676,543.30), in
substantially the form attached hereto as Exhibit "A", payable from Account Number 35-
535630.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 31sT DAY OF July, 2012.
Y TAYLOR
MAYOR
Attest to: Approved as to fn rm and legal suf c'-ncy:
anna Flores Jo. Fr w.. eviler
terim City Clerk C't Atto ey
Resolution No. 12-8442
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER MILLER
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 7/25/2012 Item Type: Resolution Ordinance Other
Date: X
(EnterXin 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
(EnterXin box) X x
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter X in box) X
Account#35-535630 Water and Sewer
fund RFP was advertized and received six
proposals.
Contract/P.O.Required: Yes No RFP/RFQ/Bid#: 12-2902100
(EnterXin box) X
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
X Enhance Organizational 0
Bus.&Economic Dev I. 1. Must complete to to facilitate
Public Safety I the requirements of DERM
Quality of Education 0
Qual.of Life&City Image EN
Communcation 0
Sponsor Name City Manager Department: Public Works
Short Title:
Pump Station#10 Rehabilitation
Staff Summary:
Staff recommends approval to facilitate the requirements of DERM. The RFP evaluation panel consisted of non-
City staff 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.
Pump Station#10 1
Proposed Action:
Comtech Engineering, Inc is the 2nd highest ranked bidder and awarding pump station 10 to Comtech
Engineering is for the best interest of the City in order to complete construction in an expeditious manner to
improve public safety,comply with local,state and federal law,and also to save more than a thousand dollar
per month.
Attachment:
1. Agenda
2. Evaluation Summary Sheet
3. Panel Member's evaluation sheet
4. Copy of Resolution# 12-8326
5. Draft Contract Agreement
6. Copy of RFP#12-2902100
Pump Station#10 2
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MEMORANDUM Z�OgpO q�S
TO: Mayor Myra L.Taylor
Vice-Mayor Doroth Johnso
Commissioner Timoth Holme
Commissioner Rose Ty us
Commissioner Gail Mil •r
FROM: Kelvin L. Baker,Sr., City Manag:.
A
DATE: July 25,2012
RE: Pump Station#10 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 COMTECH ENGINEERING, INC. IN THE AMOUNT NOT
TO EXCEED SIX HUNDRED SEVENTY SIX THOUSAND FIVE HUNDRED
FOURTY THREE DOLLARS AND THIRTY CENTS ($676,543.30) FOR THE
REHABILITATION OF SANITARY SEWER PUMP STATION 10. COMTECH
ENGINEERING, INC. IS THE 2ND LOWEST OF THE SIX BIDDERS THAT
RESPONDED TO THE RFP AS RECOMMENDED BY THE NON-CITY STAFF
REVIEW PANEL PAYABLE FROM ACCOUNT NUMBER 35-535630.
Description: The City of Opa-locka requested and received six proposals for the rehabilitation of Sanitary
Sewer Pump Station 10. The pump station 10 with wet well/dry well configuration is in critical need of
complete rehabilitation. The sewer pumps at station 10 are currently out of service and the station in on by-
pass since September 30, 2011. The station is in absolute moratorium since May, 2092. Per consent
agreement with DERM the station must be rehabilitated with a modern submersible type pump station in
accordance with Miami Dade County Standards. The rehabilitation of station 10 will improve the overall
hydraulic performance of the service area, and will allow for future development within the service area.
Account Number: 35-535630
Financial Impact: $676,543.30;the adopted budget included$242,500 funding for this project. The
FY2011-2012 amended budget will fund the project to$676,543.30.
Implementation Timeline: As soon as Possible.
Legislative History: Resolution#11-8313
Recommendation(s): Staff recommends approval in order 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.
Pump Station#10 Rehabilitation• 1
•
The following is the bid and score comparison table:
Vendor Bid Price Total Score Rank
C&I Construction and Design, Inc. $669,700.00 390 1st
Comtech Engineering,Inc. $676,543.30 355 2°d
R&G Engineering, Inc. $917,607.00 281 3rd
Southeastern Engineering Contractor, $1,223,415.00 233 4th
Inc.
RJR Construction, Inc. $1,640,966.00 211 5th
William Paving Co., Inc. $1,111,520.00 171 6th
Comtech Engineering, Inc is the 2nd highest ranked bidder per attached panel member's evaluation sheet
and the summary sheet. C&I Construction and Design, Inc. (C&I) ranked number 1 by the evaluation
panel. C&I ranked 1 for pump station 11A and 11C and was awarded both of these ongoing projects. The
City is aggressively working on the pump station rehabilitation projects in order to complete rehabilitation
of all the pump stations under moratorium by year 2013 for compliance with consent agreement with
DERM. Neither staff nor the evaluation Committee recommend C&I to be awarded pump station 10 as it
will in construction concurrent with City's master pump station 11C which is already awarded to C&I.
Awarding station 10 to C&I at this time may slow down the progress on construction and the station
rehabilitation may not be completed on time. Awarding pump station 10 to Comtech Engineering is for the
best interest of the City in order to complete construction in an expeditious manner to improve public
safety, comply with local, state and federal law, and also to save more than a thousand dollar per month by
getting rid of the rented emergency by-pass pump system.
Analysis: The intake pipe, force main, and valves inside the station 10 are currently leaking and have
become a potential health risk for any maintenance activities. Due to the pumps failure and severely
deteriorated condition of the station valves, control, and piping systems severe sewer back-ups were
observed resulting sewer spillage on the street. The station is currently on emergency by-pass system and
the City is spending more than a thousand dollars each month the rental cost. Based on the assessment of
the current condition of the station it is not possible to repair the station and staff highly recommends that
the station must be rehabilitated immediately to eliminate potential health risks and sewer back-ups.
Attachment:
1. Evaluation Summary Sheet
2. Panel Member's evaluation sheet
3. Copy of Resolution# 11-8313
4. Draft Contract Agreement
5. RFP#12-2902100
PREPARED BY: Mohammad Nasir,PE,Interim Public Works Director
Faye Douglas,Budget Administrator
END OF MEMORANDUM
Pump Station#10 Rehabilitation •
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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 #1.0.
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 Stack-house, 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 11A.
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
•
Sponsored by: City Manager
Resolution No. 11-8313
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 TO SOLICIT QUALIFIED FIRMS FOR
DESIGN-BUILD SERVICES FOR THE RECONSTRUCTION
OF PUMP STATION 10, IN AN AMOUNT NOT TO EXCEED
FOUR HUNDRED AND SEVENTY-FIVE DOLLARS (475,000),
WHICH WILL BE PAYABLE FROM ACCOUNT NUMBER 35-
535630; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka desires to issue a Request for Proposals (RFP) to
solicit qualified firms for design-build services for the reconstruction of Pump Station 10; and
WHEREAS, Pump Stations 10 is in moratorium and is in need of immediate
reconstruction, due to severe degradation and two (2)non-operational pumps; and
WHEREAS, the pump station has been on by-pass since August 1, 2011, with the City
currently renting a by-pass pump for temporary sewer services; and
WHEREAS,the City Commission of the City of Opa-locka desires to authorize the City
Manager to advertise and issue a Request for Proposals to qualified firms for design-build
services for the reconstruction of Pump Station 10.
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 hereby authorizes the City
Manager to advertise and issue a Request for Proposals to qualified firms for design-build
Resolution No. 11-8313
services for the reconstruction of Pump Station 10, in an amount not to exceed Four Hundred
Seventy-Five Thousand Dollars ($475,000.), to be payable from Account Number 35-535630.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of December, 2011.
M RA TA LOR
MAYOR
Attest to: 1
(
Deborah S. Ir)y
City Clerk
Approved as to orm and legal suffici- cy:
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Jos:, :.iT-1 er
Ci Atto hey
Moved by: VICE MAYOR JOHNS•
Seconded by: COMMISSIONER MILLER
Commission Vote: 3-0
Commissioner Holmes: NOT PRESENT
Commissioner Miller: YES
Commissioner Tydus: NOT PRESENT
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner Gail ► ler
FROM: Bryan K.Finnie,Ci g
DATE: December 2,--
RE: Pump Station 10 Reconstruction through Design Built
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 PROPOSAL FOR QUALIFIED FIRMS FOR THE RECONSTRUCTION OF PUMP
STATION 10 THROUGH DESIGN BUILT FOR AN AMOUNT NOT TO EXCEED FOUR
HUNDRED AND SEVENTY FIVE DOLLARS($475,000.00).
Description: The City of Opa-locka will issue a Request for Proposal (RFP) to solicit competitive
proposals from qualified firms for the reconstruction of Pump Station 10. This station has severe
degradation problems and both pumps do not work. Immediate reconstruction is necessary in order to
avoid possible environmental issues of sewage spilling in the swale area. It will also resolve existing
redevelopment concerns in this service area as well as meeting the requirements of the Consent
Agreement with DERM dated October 7, 2009 to correct deficiencies in the operations of the Sanitary
Sewer System. Part of the agreement addresses rehabilitation of the stations under moratorium to comply
with DERM requirements.
Account Number: 35-535630
Financial Impact: This project was partially budgeted in FY 2012 to the amount of Two Hundred and
Fourty Two Thousand Five Hundred Dollars ($242,500.00). The balance of Two Hundred and Thirty
Two Thousand Five Hundred Dollars ($232,500.00) by removing the priority of Pump Station 8 which
will not need one hundred percent reconstruction as indicated in the FY2012 Capital Improvement.
Implementation Timeline: This project will be implemented immediately in order to be compliant with
DERM requirements.
Legislative History: None.
Recommendation(s): Staff recommends approval in order to bring the system in compliance with
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 this
station is vital to the City's continued development.
Attachment: Copy of RFP.
PREPARED BY: Fritz Armand,Director of Public Works and Utilities
END OF MEMORANDUM
CITY OF OPA LOCKA
EVALUATION FORM
REHABILITATION OF SANITARY SEWER# 10
RFP-12-2902100
EVALUATION RJR C& I COMTECH SOUTHEASTERN R&G WILLIAMS
PRICE
MAX PTS 75 Michael 35 75 75 40 60 40
Dennis 35 75 75 40 60 40
Wayne _ 35 75 75 40 60 0
Steve 69 75 70 73 65 65
Lawrence
REFERENCE
MAX PTS 10 Michael 9 9 9 9 9 9
_ Dennis 0 9 9 0 0 0
Wayne 9 9 9 9 9 0
Steve 10 10 7 10 8 8
Lawrence
LOCAL WORK
MAX PTS 10 Michael 0 9 0 0 0 0
Dennis 0 9 0 0 0 0
Wayne 0 9 0 0 0 0
Steve 8 9 7 10 8 7
Lawrence
INTRO LETTER
MAX PTS 5 Michael 0 5 5 0 0 0
Dennis 0 5 5 0 0 0
Wayne 0 5 5 0 0 0
Steve 1" 2 4 2 2 2
Lawrence
TOTALS 211 390 355 233 281 171
CITY OF OPA LOCKA )c)
EVALUATION FORM
REHABILITATION OF SANITARY SEWER PUMP STATION# 10 e•P V't,i
171
RFP- 12-290 10
A
EVALUATION RJR C&I COMTECH SOUTHEASTERN R&G WILLIAMS
PRICE—max pts75 / ,_ a ' ' 7S - �)
2.40, co. --/J.S. 674. �z� I t.2 f 1-17 [u /I ti 1,5
REFERENCES—max pts 10
L ,/ 1 ,/,.,- 7
LOCAL WORK FORCE
PARTICIPATION C
max pts 10 1
LETTER OF INTRODUCTION 7 4
Maxpts-5 ✓ S
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CITY OF OPA LOCKA ^J
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EVALUATION FORM
REHABILITATION OF SANITARY SEWER PUMP STATION # 107 ri
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RFP- 12-2902100 1 'I
EVALUATION RJR C&I COMTECH SOUTHEASTERN R&G WILLIAMS
PRICE—max pts 75 3 15 1 5 `-' [J/ 0 I°
REFERENCES—max pts 10
i a q 9
LOCAL WORK FORCE I
PARTICIPATION �-t. V
max pts 10 J
LETTER OF INTRODUCTION
Max pts-5
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CITY OF OPA LOCKA •q/
EVALUATION FORM l
REHABILITATION OF SANITARY SEWER PUMP STATION # 10 Cfi
RFP- 12-2902100
/5,2
EVALUATION RJR C&I COMTECH SOUTHEASTERN R&G WILLIAMS
PRICE—maxpts75 55' 75— ?,5 410 ,,O
REFERENCES—max pts 10
9
q 9 67
LOCAL WORK FORCE
PARTICIPATION
max pts 10 9 0
LETTER OF INTRODUCTION
Max pts 5 5 5-
CITY OF OPA LOCKA
EVALUATION FORM
REHABILITATION OF SANITARY SEWER PUMP STATION#10
RFP- 12-2902100
EVALUATION RJR C&I COMTECH SOUTHEASTERN R&G WILLIAMS
PRICE max pts 75 6 n �� -7 Q -7 3 / -5> /�
REFERENCES—max pts 10 /� /w
iU /U 7 / o 8.--
LOCAL WORK FORCE
PARTICIPATION 7 7
max pts 10
LETTER OF INTRODUCTION / I
Max pts 5 / C79--
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CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
COMTECH ENGINEERING, INC.
FOR
LIFT STATION 10 REHABILITATION
AGREEMENT
THIS IS AN AGREEMENT, dated the 25 day of July , 2012,between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter "CITY,"
and
Comtech Engineering.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 10 Rehabilitation indicating the CITY's desire to hire
a Contractor to perform this work.
1.2 On July 25,2012,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 10,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 July
26,2012. CONTRACTOR shall complete all work in a timely manner by January 30,2012.
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,
$676,543.30 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 SIX HUNDRED SEVENTY SIX THOUSAND FIVE HUNDRED FOURTY THREE DOLLARS
4.2 Not withstanding any other provision of this contract,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.
4.3 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.
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 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 lncnranre chaff he in fnrre until all work rerniirerl to he narfnrmarl under the termc 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,
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: Kelvin L. Baker, City Manager
Opa-locka, Florida 33054
COPY TO: Joseph S. Geller, City Attorney
780 Fisherman Street,4th Floor
Opa-locka, Florida 33054
CONTRACTOR: Jose Sierra, President
Comtech Engineering, Inc.
12491 SW 134 Ct# 17,Miami, FL 33186
Phone: (305) 969-2140, Fax: (305) 969-2172
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.
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 Kelvin L. Baker
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