HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI
AMENDMENT NO. 1
TO AN AGREEMENT BETWEEN
THE CITY OF MIAMI AND FLORIDA TURF AND LANDSCAPING HORTICULTURE, INC.
This Amendment No. 1("Amendment No. 1") to the Professional Services Agreement ("Agreement") dated
August 15, 2015, between the City of Miami ("City)"), a municipal corporation of the State of Florida, and
Florida Turf and Landscaping Horticulture, Inc., a Corporation qualified to do business in the State of
Florida ("Florida Turf'), is entered into this _ day of , 2020.
RECITALS
WHEREAS, pursuant to Resolution No. 15-0257, adopted by the City Commission on June 11,
2015, the City and Florida Turf entered into a contract to provide landscape maintenance services along
Brickell Avenue,
WHEREAS, the Department of Resilience and Public Works ("Public Works") requires the
installation of a pressure vacuum breaker at the water service connection that supplies lawn irrigation at
multiple locations along Brickell Bay Drive and Brickell Avenue, and
WHEREAS, there is available and allocated funding for these additional services which shall be
provided on an as needed basis, subject to the availability of funds at the time of need; and,
WHEREAS, in accordance with Section 00800. General Conditions, Subsection 54,
Additions/Deletions of Services Required, in Invitation for Bid (IFB) No. 14-15-019, the City may add
additional services to any resultant contract upon successful negotiations and mutual consent of the
contracting parties;
WHEREAS, it is requested to enter into Amendment No. 1 with Florida Turf, increasing the
Agreement by a not -to -exceed amount of $527,215.00, thereby increasing the annual compensation limit
from $427,215.00 to an amount not -to -exceed $527,215.00 to account for the additional services in the
amount of $100,000.00 for the purchase, installation, inspection, testing, and operation of the pressure
vacuum breaker, as well as the extension of said contract for one (1) year in the amount of $427,215.00.
NOW THEREFORE, for the considerations hereinafter as set forth, the parties agree to as follows:
The recitals set forth above are incorporated by reference in full herein.
Florida Turf shall provide additional services within City limits to include but not be limited to:
a. The installation of a pressure vacuum breaker at the water service connection that supplies
lawn irrigation service along Brickell Bay Drive and Brickell Avenue
b. The installation of meter transition to support the pressure vacuum breaker;
3. The Brickell Bay Drive Dripline Irrigation proposal and plan submitted by Florida Turf and
Landscaping Horticulture, Inc. are hereby included as part of this Amendment No. I as Attachment
A, and can hereby change or be modified by mutual written consent of the contracting parties.
4. All Additional Services set forth in this Amendment shall be approved as to general suitability,
quality and location by the City Manager or the Director who will serve as his designee for such
approvals under this Amendment No. 1.
5. Time is of the essence in the performance of this Amendment No. 1.
All other terms, covenants, and conditions of the original Agreement issued thereto shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first
above written.
ATTEST:
0
Todd Hannon, City Clerk
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
IM
Victoria Mendez, City Attorney
ATTEST:
Signature:
Print Name:
Title:
Corporate Secretary or Florida Notary
THE CITY OF MIAMI, FLORIDA
City of Miami, a municipal corporation of the
State of Florida
By:
Arthur Noriega V, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management Department
Florida Turf and Landscaping
Horticulture, Inc.
Signature:
Print Name:
Title:
President or Vice -President
CERTIFIED LANDSCAPE CONTRACTOR
CERTIFIED IRRIGATION CONTRACTOR F o L
CERTIFIED ARBORIST a.;..,,,:,.....
CERTIFIED PEST CONTROL
LARGE TREE PRESERVATION AND RELOCATION SPECIALIST
2" Generation Contractor, Bonded, Licensed & Insured, 305 -625 -TURF (8873)
FLORIDA TURF AND LANDSCAPE HORTICULTURE, INC.
Bill To
CITY OF MIAMI
444 SW 2ND AVENUE
MIAMI, FLORIDA 33130
Job Site Location
BRICKELL AVENUE LANDSCAPE MAINTENANCE CONTRACT M-0086
Brickell Bay Drive drip irrigation project phase 1, 2, and 3 including MOT
MIAMI, FLORIDA
BRICKELL BAY DRIVE DRIP IRRIGATION PHASE 1, 2 and 3 including MOT
PROPOSAL
Project Name
PHASE 1, 2, and 3 Irrigation
Description
Price Each
Quantity
Amount
Design and Installation of Phase 1 and 2 drip irrigation system not including backflows
$1,800.00
1
$1,800.00
1-1/2" PESB valve
$229.25
5
$1,146.25
LCRBY-200D high flow primary filter
$104.00
2
$208.00
LCRBY-1505 high flow secondary filter
$54.49
5
$272.45
XFS-09-12 Sub -surface dripline with Cooper Shield technology, 500ft rolls
$301.61
14
$4,222.54
XF dripline fittings
$0.62
700
$434.00
Galvanized tie -down stakes
$0.39
2500
$975.00
1/2" inch ball flush valve
$3.90
8
$31.20
ARV050 Air relief valve
$9.41
16
$150.56
6" inch round subsurface box
$6.15
24
$147.60
Jumbo valve box
$129.57
5
$647.85
2" inch sch 40 pvc pipe, 20 ft stick
12
58
$696.00
1-1/4" inch sch 40 pvc pipe, 20 ft stick
$11.25
25
$281.25
Operind, system operation indicator
$10.40
4
$41.60
1812 spray bodies with rotator nozzles
$24.71
12
$296.52
EARTHWORK, Irrigation Installation, labor and equipment
Excavator, 8-10k Lbs.
$175.00
30
$5,250.00
Loader, 100hp.
$210.00
30
$6,300.00
F-450 truck
$35.00
30
$1,050.00
40k lbs gooseneck trailer, gooseneck
$70.00
30
$2,100.00
Screen and rock crusher
$180.00
30
$5,400.00
3 men crew, labor
$600.00
30
$18,000.00
MAINTENANCE OF TRAFFIC, MOT, DAILY
$300.00
30
$9,000.00
Work zone signs, 13 signs, each day for 30 days
$40.00
30
$1,200.00
Channeling Devices, each device, each day for 30 days
$200.00
30
$6,000.00
Flaggers, paddles and station, 2 men each day for 30 days
$570.00
30
$17,100.00
Arrow Board or Advance Arrow Board Panel, 2 devices
$90.00
30
$2,700.00
Restoration cost not included if necessary.
Additional MOT charges in excess of 30 days will be a seperate charge as follows:
A. without flaggers $650
B. with flaggers $1,200.00
Please remit to: 400 NW 129 AVENUE, MIAMI, FLORIDA 33182
PAGE 1 OF 1
Total
$85,450.82
BRICKELL BAY DRIVE IRRIGATION PLAN
r:ml
REVISIONS
NONE
DATE
03-31-20
JOB NUMBER:
SE 15
THRU SE 14 RD
DRAWN RV:
HENRY PERDOMO
HENRY PERDOMO
SCALE
N/A
SHEET:
1 uf 1
CONTRACT
By and Between
CITY OF MIAMI
And
Florida Turf and Landscape Horticulture, Inc.
(Bidder)
This AGREEMENT (hereinafter "Agreement") , is made and entered into this
_ day of 2015, but effective beginning ten (10) days after Notice to
Proceed is issued by the Department's Director, in accordance with the Contract Term
set forth below in Article 7 (the "Effective Date"), by and between the City of Miami,
Florida, a municipal corporation of the State of Florida, whose principal address is 444
S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"), and Florida Turf and
Landscape Horticulture Inc., whose principal address is 400 NW 129 Avenue, Miami,
FL 33182 , (the "Contractor").
WITNESSETH:
WHEREAS, pursuant to Resolution No. -010 - 1 adopted by the Miami City
Commission on 2015, the City Commission accepted the competitive
bid of Four Hundred Twenty Seven Thousand Two Hundred Fifteen Dollars and Zero
Cents ($427,215.00) to provide landscaping and irrigation maintenance to the City (the
"Work"), and authorized the City Manager to enter into an agreement for the Work with
the Contractor for a period of one (1) year, (365 calendar days), with up to four (4)
additional one (1) year options to renew the term. The City Commission further
authorized the City Manager or his Designee to execute said options to renew subject to
the availability of funding and Contractor's performance.
NOW, THEREFORE, in consideration of the foregoing recitals (all of which are
adopted as an integral park of this Agreement), and the promises and covenants
contained herein, and other good and valuable consideration, the receipt of which are
hereby acknowledged, the parties hereto mutually agree as follows:
ARTICLE 1. SCOPE OF WORD: The Contractor shall furnish all labor, materials and
equipment and perform all the work in the manner and form provided by this Agreement
and the Contract Documents, attached hereto and made park hereof, for complete
landscaping maintenance, for the Contract Term set forth in Article 7 below and for the
project entitled:
BRICKELL AVENUE LANDSCAPING AND MAINTENANCE CONTRACT, M-0086.
Bid No. 14-15-019 Paso I
ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the
faithful performance of the Contract, in lawful money of the United States, and subject to
additions and deductions and based on unit prices (where applicable), all as provided in
the Proposal attached hereto and other Contract Documents attached hereto as Exhibit
"C", the annual sum of Four Hundred Twenty Seven Thousand Two Hundred Fifteen
Dollars and Zero Cents ($427,215.00).
The City Manager or his Designee, at their discretion, may exercise the four (4)
additional one (1) year options to renew and the funding shall be as follows:
The first option to renew in the annual amount of $427,215 during Fiscal Year 2016.
The second option to renew in the annual amount of $427,215 during Fiscal Year 2017.
The third option to renew in the annual amount of $427,215 during Fiscal Year 2018.
The fourth and final option to renew in the annual amount of $427,215 during Fiscal
Year 2019.
ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully
set forth in the "General Conditions" of the "Specifications" in the Proposal attached
hereto, and subject to additions and deductions as provided, the City shall pay the
Contractor as follows:
(a) On or before the 10th day of each calendar month, the City shall make
partial payments to the Contractor on the basis of the estimate of work performed by the
Contractor during the preceding calendar month, duly certified and approved by the
City's Project Manager.
(b) Upon submission by the Contractor of evidence satisfactory to the City
that all payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, and also, after all guarantees
that may be required in the Specifications or by the Contractor have been furnished and
are found acceptable by the City, final payment on account of this Agreement shall be
made within sixty (60) days after completion by the Contractor of all work covered by
this Agreement and acceptance of such work by the City.
ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the
work to be performed under this Agreement and the Contract Documents within the
number of consecutive days after the date of written notice from the Director of the
Department of Public Works to begin work as noted in the Proposal, and shall fully
complete the Contract Scope of Work in accordance with this Agreement and the
Contract Documents within the number of calendar days as set forth in the Proposal.
It is mutually agreed between the parties hereto, that time is of the essence of this
Agreement, and, in the event that construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be paid to
Bid No. 14-15-019 rage 2
the Contractor, the City may retain for each day thereafter, Sundays and holidays
included, that the work remains uncompleted, the sum set forth in the General
Conditions of the Specifications, as modified by Division 2 - Special Provisions, which
sum represents the actual damage(s) which the City of Miami, Florida, will have
sustained per day by failure of the Contractor to complete the work within the time
stipulated, and this sum is not a penalty, but will be the liquidated damage(s) that City
will have sustained in event of such default by the Contractor.
ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the
parties hereto, that if, at any time after the execution of this Agreement and the
Performance Bond hereto attached and incorporated herein as Attachment "A", when
required for its faithful performance, the City shall deem the surety or sureties upon
such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer, such
bond ceases to be adequate to cover the performance of the work, the Contractor shall,
at his expense, within five (5) days after receipt of notice from the Engineer so to do,
furnish an additional bond or bonds in such form and amount, and with such surety or
sureties as shall be satisfactory to the City. In such event, no further payment to the
Contractor shall be deemed to be due under this Agreement until such new or additional
security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City.
ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter
listed form the Contract and they are as fully as part of the Contract as if attached to this
Agreement, or repeated in this Agreement:
ADVERTISEMENT FOR BIDS
PROPOSAL
BID BOND
CONTRACT
PAYMENTAND PERFORMANCE BOND
MAINTENANCE PERFORMANCE BOND
INSTRUCTIONS TO BIDDERS
SPECIFICATIONS
ADDENDA
PLANS: NIA
As prepared by C. Diaz -Torres
Entitled: M-0086
ARTICLE 7. THE CONTRACT TERM: The original Contract Term is one (1) year (365
calendar days) effective ten days after Notice to Proceed is issued by the Department's
Bid No. 14-15-019 Page 3
Director. The City has up to four (4) options to renew the term of the contract, each for a
period of one (1) year, subject to availability of funds and Contractor's performance.
The City Manager or his Designee, at their discretion, may exercise the four (4)
additional options to renew and the terms shall be as follows:
The term for the first option to renew shall be one (1) year during fiscal year $427,215.
The term for the second option to renew shall be one (1) year during fiscal year
$427,215.
The term for the third option to renew shall be one (1) year during fiscal year $427,215.
The term for the fourth and final option to renew shall be for one (1) year during fiscal
year $427,215.
The terms for all four (4) options to renew shall begin ten (10) days after Notice to
Proceed is issued by the Department Director.
ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on
the availability of funds and continued authorization for project activities and is subject
to amendment or termination due to lack of funds, reduction of funds, and/or change in
regulations, upon thirty (30) days written notice.
ARTICLE 9. NOTICES: Whenever either party desires to give notice to the other,
such notice must be in writing, sent by certified United States Mail, postage prepaid,
return receipt requested, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the place
last specified. The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the parties
designate the following:
For City:
Eduardo Santamaria, P.E., CGC
City of Miami
Director of Public Works
444 SW 2nd Avenue, 811 Floor
Miami, FL 33130
With copies to:
Calitza Diaz -Torres, Contract Manager
City of Miami
Department of Public Works
444 SW 2nd Avenue, 8th Floor
Miami, Florida 33130
Bid No. 14-15-119 Page 4
For Contractor:
Florida Turf and Landscape Horticulture, Inc.
400 NW 129 Avenue
Miami, Florida 33182
ARTICLE 10. PUBLIC RECORDS REQUEST: The Contractor shall comply with
the Florida Public Records Act, Chapter 119, Florida Statues, as amended including,
without limitation, the revisions of § 119.0701 Fla. Stat. which states:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the
agency all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information
technology systems of the public agency.
Bid No. 14-15-019 Page 5
ARTICLE 11. MATERIALITY AND WAIVER OF BREACH:
(a) City and Contractor agree that each requirement, duty, and obligation set forth in
these Contract Documents is substantial and important to the formation of this
Contract and, therefore, is a material term hereof.
(b) City's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
ARTICLE 12. SEVERANCE: In the event a portion of this Contract is found by a court
of competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless City or Contractor elects to terminate this Contract. An election to
terminate this Contract based upon this provision shall be made within seven (7) days
after the finding by the court becomes final.
ARTICLE 13. APPLICABLE LAW AND VENUE.-
This
ENUE:
This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida. By entering into this Contract, Contractor and City hereby expressly
waive any rights either party may have to a trial by jury or to file permissive
counterclaims in any civil litigation related to, or arising out of the Project. Contractor
shall specifically bind all subcontractors to the provisions of this Contract. Each party
shall bear their own attorney's fees.
ARTICLE 14. AMENDMENTS:
No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document prepared with the same or
similar formality as this Contract and executed by the City Manager and Contractor.
ARTICLE 15. PRIOR AGREEMENTS:
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Contract that are not contained in
this document. Accordingly, the parties agree that no deviation from the terms hereof
shall be predicated upon any prior representations or agreements, whether oral or
written. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in accordance
with Article 13 above.
Bid No. 14-15-019 Page 6
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and year first above written in five (5) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract'
WITNESS: (If Corporation, CONTRACTOR:
attach Seal and Attest by Secretary) -gmilm ,-A/ff
Party of the second part ✓�'
B'
Prin Name:
Corporate Secretary
(SEAL)
ATTEST:
r
Todd . Hannon
City Cleric
RESOLUTION NO.
BY: b LL"
Print Name
Print Title:
(Employer Tax I.D. Number)
THE CITY OF MIAMI, FLORIDA,
a municipal corporation,
Party of the first part
XW
Daniel J. AI so
City Manager
". BEC_ t:SE CONTRACTOR IS 3 CORPORATION, THERE SFLUL BE ATTACHED TO F_ -\CH
COUNTERPART AS ATTACHMENT `B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD
OF DIRECTORS OF THE CORPORATION, _1UTHORIZING THE OFFICER WHO SIGNS THE.
CONTRACT TO DO SO ON ITS BEHA-LE
Bid No. 14-15-019 Page 7
APPROVED/AS T(?/INSURANCE
APPROVED AS TO REQUIRE ENT .
ENGINEERING:
Eduar Sahtarnaria, P.E., CGC
Dir ctor, Public Works
APPROVEDA
CORRECTNE
Victoria M
City Attorr
TO FORM AND
Ll
Ann-MaO Sh
l0irector Risk
e
nt
Bid No. 14-15-019 Page 8