HomeMy Public PortalAbout15-9074 CONSIDER THE REQUEST OF THE UNITED STATED ASSOC OF CDC FOR PAYMENT OF CHANGE ORDER Sponsored by: Mayor Taylor
RESOLUTION NO. 15-9074
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO CONSIDER THE REQUEST
OF UNITED STATES ASSOCIATION OF CDC FOR PAYMENT
OF A CHANGE ORDER FOR WORK DONE ON PUMP
STATION NUMBER #5; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, United States Association of CDC has submitted a request for payment for
work done on pump station number#5; and
WHEREAS,the request and supporting documents are attached as Exhibit"A".
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 staff to pay the
contractor for the change order work done as outlined in the attached documents and requested
by the contractor.
this 14th day of October, 2015.
MOTION FAILED
YRA T/F LOR
MAYOR
Resolution No. 15-9074
Attest to: Approved as to form and legal sufficiency:
t
J, na Flores Vincent T. Brown, Esq.
Cif Clerk BROWN LAW GROUP LLC
City Attorney
Moved by: COMMISSIONER PINDER
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 4-1
Commissioner Pinder: NO
Commissioner Kelley: NO
Commissioner Santiago: NO
Vice-Mayor Holmes: NO
Mayor Taylor: YES
10941964 0
CO rY
CHANGE ORDER INVOICE
UNITED STATES ASSOCIATION OF CDC
Date Invoice#
15/22/2014 142205
1150 Wilshire Circle West
Pembroke Pines Fl. 33027
I Bill To:
City of Opa-Locka Florida
780 Fisherman Street
Opa-Locka, Florida 33054
Project Location:
Pump Station#5
Rehabilitation, City Of Opa-Locka
Opa-Locka, Florida
Item Description Amount
01 Change order to Desmar Plumbing Contractors/15% P&OH $97,852.14
02 BCI Betancourt Temporary Shoring (Not in original Contract) $74,750.00
03 Additional Shoring due to City Engineer re-routing of man holes Inc
04 Additional supplies to re-route 2 man holes &the cleaning and $25,000.00
Restoration of existing lift station to convert into man hole.
Additional time and custom made concrete materials.
05 Additional Rock due to removal of sugar sand. $10,000.00
06 Additional testing and Engineering Plans $ 5,000.00
07 Restoration of property next to lift at area of Connection to 1
The main sewer line.
08 Removing and restoring existing parking lot to accommodate ? $ 6,000.00 1
Owner of property.
09 Additional down time. $12,000.00
10 Amount due on original contract $45,000.00
TOTAL AMOUNT DUE: $272,602.14
COP
-THE GREAT CITY
AAi�A
AGREEMENT FOR WASTEWATER INFRASTRUCTURE
IMPROVEMENT
"PUMP STATION 5"
BETWEEN
THE CITY OF OPA-LOCKA, FLORIDA
AND
UNITED STATES ASSOCIATION OF CDC, INC.
Pump Station 5
station #5 as provided for in this Agreement in accordance with the schedule of tasks and
deliverables set forth in Exhibit "B" attached hereto. It shall also be USA CDC sole
responsibility to obtain all required governmental approvals for the design, construction,
installation and certification of said replacement sewage pump station, including but not
limited to permits and building and inspection approvals. The final design and construction
of the facilities shall meet the requirements set forth by the City, and all applicable
Local, State and Federal Standards, subject to approval by the CITY. Should there be a
requirement to rezone property to be used for the installation of the replacement sewage pump
station, then it shall be the CITY's responsibility to obtain the proper zoning approvals.
5. I NSPECTION: The CITY shall have the right but not the obligation to make engineering
inspections of all the construction work performed by USA CDC under the terms of this
Agreement. Such inspections shall not be construed to constitute any guarantee on the part of
the CITY as to the quality and condition of materials and workmanship. Any inspections by the
CITY shall not relieve USA CDC of any responsibility for proper construction of said facility
in accordance with approved plans and specifications. Furthermore, any inspections by
the CITY shall not relieve USA CDC of responsibility for the quality and condition of materials
and workmanship.
6. TESTS: During construction and at the time when various tests are required or requested by
CITY, the CITY'S engineer or its authorized representative, together with USA CDC'S
engineer and contractor, shall jointly be present to witness tests for determination of
conformance with approved plans and specifications. USA CDC shall notify the CITY a
minimum of twenty-four (24) hours in advance of the tests.
7. COMPLIANCE WITH ALL LAWS: USA CDC, at its own cost and expense, shall comply with
all applicable laws, statutes, rules, and ordinances in carrying out the activities contemplated
herein.
8. CITY AS PERMITIEE: Certain federal, state and county agencies, including but not limited to
the State of Florida Department of Transportation, the South Florida Water Management
District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require
that the CITY be named as permittee for certain construction activities. USA CDC shall
provide sufficient security as acceptable to the CITY which shall indemnify and protect
the CITY from all claims, actions, judgments, liability, loss, cost and expense, including
reasonable attorney's fees, related to work perforated by USA CDC pursuant to such
permits. The security shill be furnished prior to the start of construction and shall be in an
amount at least equal to the CITY'S cost estimate for the permit work. USA CDC shall have
sixty (60) days to resolve any claims by a permittor, otherwise CITY shall be entitled to pay
said claims from the security. USA CDC shall be liable for all costs in excess of the security.
9. ALLOCATION OF CAPACITY: Capacity allocation is subject to local, state and federal
agencies and other regulatory bodies having jurisdiction and the City cannot guarantee the
request of allocation. In connection therewith, USA CDC agrees that the CITY shall not be
liable or in any way responsible for any costs, claims or losses incurred by USA CDC as
a result of actions by regulatory bodies, which are related to capacity allocation.
Pump Station 5 3
property, together with a breakdown of the actual cost of said facilities. Concurrently, USA
CDC shall furnish the CITY with one (1) set of as-built drawings showing specific locations
and depths among other things, of all facilities as located by a licensed surveyor, along with
four (4) prints of the as-built drawings which have been sealed by a surveyor and certified by
the engineer of record as otherwise consistent with the City code, if applicable. Three (3)
sets of the appropriate manuals for operation of any sewage pump station and other
mechanical and electrical equipment to be owned by the CITY along with three (3) certified
surveys for the sewage pump station site, after completion, shall also be included. In
addition, a letter from Miami-Dade County Permitting, Environment and Regulatory Affairs
certifying the station will be required. Approval by the CITY and delivery of all required
conveyance documents for the pump station, drawings and survey specified herein shall
constitute final acceptance by the CITY of said facilities. After final acceptance, the
facilities shall remain at all times the sole, complete, and exclusive property of the CITY
and under the exclusive control and operation of the CITY.
13.WARRANTY AND MAINTENANCE: USA CDC warrants that the replacement sewage
pump station to be owned by the CITY shall be free from defects in materials and
workmanship for a period of twelve (12) months from final acceptance by the CITY.
Simultaneously with the conveyance of the replacement sewage pump station, USA CDC shall
deliver to the CITY an executed maintenance bond in a form from a company satisfactory to the
City, which guarantees the warranty. If it becomes necessary to repair and/ or replace any of the
replacement sewage pump station during the initial one (1) year period, then the warranty
as to those items repaired and/ or replaced shall continue to remain in effect for an
additional period of twelve (12) months from the date of final acceptance by the CITY of
those repairs and/ or replacement.
14.TERM OF AGREEMENT: Both USA CDC and the CITY recognize that time is of the essence
and that this Agreement shall be deemed null and void and unenforceable if USA
CDC fails to comply with any of the following conditions, where applicable:
o After execution of this Agreement, work on the replacement sewage pump station shall
commence within thirty (30) days from the execution date. Work shall be considered to have
commenced and be in active progress when engineering drawings are submitted to the CITY
for review and approval, and upon die CITY'S issuance of said approval, a full
complement of workmen and equipment is present at the site to diligently incorporate
materials and equipment into the construction of the replacement sewage pump station
throughout the day on each full working day, weather permitting.
o Once USA CDC commences work on the replacement sewage pump station, said work cannot be
suspended, abandoned, or not in active progress for a period exceeding ten (10) days.
o The remedies specified herein are cumulative with and supplemental to any other rights
which the CITY may have pursuant to the law or any other provision of this Agreement.
Pump Station 5 5
investment for resale or who intends to develop for sale a portion of USA CDC'S property,
so that the CITY can adequately determine the demand for water and sewage disposal
capacity and plan for the fair and equitable allocation of water and sewage disposal
capacity among users. If USA CDC'S property is transferred or conveyed, USA CDC shall
remain liable to the CITY for all sums of money and all obligations due hereunder unless
released in writing by the CITY.
20.CONTRACT BOND. USA CDC must obtain Performance Bond and Payment Bond from the
contract to submit to the City, each, in the amount of 100% of the total station budget,
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 and acceptable to the City.
21. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and
representations, whether oral or written, between USA CDC and the CITY.
22. 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: George W.Howard,President
United States Association of CDC,Inc.
1150 Wilshire Circle,West Pembroke Pines,Florida 33027
Pump Station 5 7
•
(d) Accident for bodily injury $300,000 and $1,000,000 per accident for property
damage.
• 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.
• The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures.
25. Contractor's Indemnification: 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.
26. Independent Contractor. 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.
27. Governing Law: This Agreement shall be governed by the laws of the State of Florida with venue
lying in Miami-Dade County,Florida.
28. 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.
29. 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 attomey's fees and court
costs in addition to any other remedy afforded by law.
30. 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 foam of
Pump Station 5 9
3
UNTIED STATES ASSOCIATION OF CDC,INC. •
WITNESSES:
urcr.erk- /— 4- 5se
United States Association of CDC,Inc
Authorized Representative
ATTEST:
ATTEST:
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE)
BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgments, personally
appeared ' z No as"7t resod Q ri+ , 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 42day of)Cd/JF,2012.
DINE CisTIE-DARDEN
MY COMMA 5Sffi)'rS a:DD•kl@l2
T 'ss. cXPIRES Dacembar^r?zli3
Ili .:��C ?u.'e411ni hbtxy tic iiMern.�rs
!!__ NOTARY PUBLIC
My Commission Expires:
Pump Station 5 11
CHANGE ORDER INVOICE
UNITED STATES ASSOCIATION OF CDC
Date Invoice #
5/22/2014 142205
1150 Wilshire Circle West
Pembroke Pines Fl. 33027
Bill To:
City of Opa-Locka Florida
780 Fisherman Street
Opa-Locka, Florida 33054
Project Location:
Pump Station #5
Rehabilitation, City Of Opa-Locka
Opa-Locka, Florida
Item Description Amount
01 Change order to Desmar Plumbing Contractors/15% P&OH $97,852.14
02 BC Betancourt Temporary Shoring (Not in original Contract) $74,750.00
03 Additional Shoring due to City Engineer re-routing of man holes Inc
04 Additional supplies to re-route 2 man holes & the cleaning and $25,000.00
Restoration of existing lift station to convert into man hole.
Additional time and custom made concrete materials.
05 Additional Rock due to removal of sugar sand. $10,000.00
06 Additional testing and Engineering Plans $ 5,000.00
07 Restoration of property next to lift at area of Connection to
The main sewer line.
08 Removing and restoring existing parking lot to accommodate $ 6,000.00
Owner of property.
09 Additional down time. $12,000.00
10 Amount due on original contract $45,000.00
TOTAL AMOUNT DUE: $272,602.14