HomeMy WebLinkAboutRevised BackupTO: The Ho
City C
FROM: Joe A
City
b e Ma
sione
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE:
SUBJECT:
REFERENCES:
ENCLOSURES:
May 11, 2005 FILE:
Award of Bid 05-05-048 for Job
Order Contracting, Bid Protest
On May 9, 2005 I advised that that the City had received two (2) bid protests for the subject
award of bid, scheduled for the May 12, 2005 Commission meeting. Included in that notification
was my recommendation, as required by the City Code, that the City proceed with the award of
these contracts despite the protests.
The law firm handling the bid protests has submitted written notification to the Director of the
Purchasing Department that it is withdrawing both the bid protests. Therefore, the written
determination I made on May 9, 2005 is moot and as such is withdrawn.
I will be presenting a substitute resolution for the award of these contracts to increase the total
number of awards from sixteen (16) to eighteen (18) contracts, as permitted under the bid
solicitation documents. The increase in the number of awards is based on a further review of the
projects funded under the Homeland Defense Neighborhood Improvement Bond proceeds, first
series. The Department of Capital Improvements and Transportation has recommended, and I
concur, that it is in the best interest of the City to increase the pool of contractors available for
horizontal construction. This increase in contractors will assist us in meeting the August deadline
for the Homeland Defense Neighborhood Improvement Bond proceeds, first series.
JA/ACSX6 IGF
cc: Mary H. Conway, Director, Capital Improvements and Transportation
Glenn Marcos, Director, Purchasing Department
Jorge L. Femandez, City Attorney
Rafael Suarez -Rivas, Assistant City Attomey
Dianne Johnson, Govemmental Affairs and Contracts Administrator, CIP
Gary Fabrikant, Procurement Supervisor, CIP
Neal Poteet, Construction Program Manager, HDR
Christopher Miranda, The Gordian Group
0
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
Arriola
y Manager
oArs�
� Mev9,2005
susus0r �Avvard of Bid 05'05'048-Jnb
Order Contracting Bid Protest
ENCLOSURES:
FILE:
The proposed avvevd of sixteen (16) onnbmnts under the above referenced solicitation for Job Order
Contracting (J0C)ispart ufthe agenda package for May 12.20O5.
Prior to the recommendation being placed on the a0enda, staff conducted their review to determine the
lowest responsive and responsible bidder. As a result of this navexv, and in consultation with the C|k/
Attonnev'y C)Mioe, staff determined that three of the bidders were not reoponsiva, meaning they failed to
comply in a(( material respects with the requirements of the solicitation. On May 4. 2005 the City
received two Notices of Intent to file protests from the law firm representing two of the non -responsive
bidders. Subsequently, the City received the formal protests. The submissions uf the protests appear 10
comply with Section 18-104 of the Code of the C)h/ of Miami and they are currently being evaluated by
the Director oythe Purchasing Department.
Section 18-104C2Xd\ of the Code obsbeo; "...the City shall not proceed further with the solicitation or with
the award of the contract until the protest is resolved by the chief pmncunarnen\ officer or the City
Commission as provided in subsection (b) obove, unless the City Manager makes a vvht&an
determination that the solicitation process nrthe contract award must becontinued without delay inorder
to avoid an immediate and serious danger to the public health, safety, or welfare."
The award ofthe Job Order Contracts iocritical tnthe Cit/sability homeet the August 20U5deadline for
the commitment and expenditure of Homeland Defense Neighborhood Improvement Bond proceeds, first
series. Asyou are aware, meeting this deadline iovital tothe Cih/'nhutune bonding capabilities, thus any
failure to adhere to the deadline will have o direct negative impact on the Ci1v'o ability to issue future
bonds and therefore provide for the public hea|th, safety and vve|taro of our residents.
Further, should these contracts not be awarded, we will be unable to proceed in an expedited manner to
construct numerous projects for which we had anbo/pmh»d utilizing the J{]C system. These projects
include upgrades boexisting buildings, including A[JAimprovements, renovations and upgrades toparks
and marinas, streets and pump station improvements, and many other projects which enhance and
beautify the City.
Based on the obove, it is my determination that the City needs to proceed with the ovvanj of these
conhaots, despite the pnztaoto, if we are to provide for the immediate public hea|th, safety and vvo}hana of
the City for the reasons stated above. For all the foregoing reasons the contract award needs to be
made. The City reserves all of its rights, defenses and remedies as to this protest.
cc Mary H.Conway, Director, Capital Improvements and Transportation
JorgeL. Fernandez, City Attorney
Rafael Suanez-Flivan, Assistant City Attorney
Glenn Marcoa, Purchasing Director
Dianne Johnson, Governmental Affairs and Contracts Administrator, CIP
Gary Fabrikont'Procurement Supervisor, C|P
KeniLBarsh. Esq..Greenberg, Trmurig. P.A.
Greenberg
Traurig
May 11, 2005
VIA FACSIMILE AND HAND DELIVERY
Glenn Marcos
Chief Procurement Officer
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
Re: Invitation for Bid under Job Order Contract for Horizontal/Vertical projects
Bid Number 04-05-048
Dear Mr. Marcus:
The following is to confirm our conversation of May 10, 2005, in which we discussed
The Redland Company, Inc., ("Redland"), written protest of bid award.
As we agreed, Redland agrees to abate the current written bid protest procedure and
allow the City of Miami ("City") to proceed with the award of the contract due to the fact that
the City has assured Redland that it has been found to be a responsive bidder, therefore awarding
a contract to Redland. In addition, the City advised that it will make every effort to revise the
resolution and the attachments thereto for presentation at the May 12, 2005, City Commission
meeting Item CA.13, wherein this item is being presented for award of the job order contracts
under Bid No. 04-05-048.
Finally, Redland has agreed to withdraw its bid protest immediately upon the City
Commission's award of the contract to Redland, however Redland reserves and does not waive
any rights in the instance that the award is appealed for any reason.
Should this letter not reflect our discussions, please contact the undersigned immediately.
Thank you very much for all your efforts in reaching an amicable solution.
V yours,
erri L. Barsh,
cc: Bradley Nowell, The Redland Company, In
Mary H. Conway, Director CIP
Dianne Johnson, Government Affairs and Contracts Administrator, CIP
Gary K. Fabrikant, Procurement Supervisor, CIP
Christopher Miranda, Project Manager CIP
M1A-FS111706529v01
Greenberg Traurig, PA. I Attorneys at Law I 1221 Brickell Avenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.5790717 IwwigtIaw.com
Greenberg
Traurig
May 11, 2005
VIA FACSIMILE AND HAND DELIVERY
Glenn Marcos
Chief Procurement Officer
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
Re: Invitation to Bid under Job Order Contract for HorizontalNertical projects
Bid Number 04-05-048
Dear Mr. Marcus:
The following is to confirm our conversation of May 10, 2005, in which we discussed
The APAC Group, Inc., ("APAC"), written protest of bid award.
As we agreed, APAC agrees to abate the current written bid protest procedure and allow
the City of Miami ("City") to proceed with the award of the contract due to the fact that the City
has assured APAC that it has been found to be a responsive bidder, therefore awarding a contract
to APAC. In addition, the City advised that it will make every effort to revise the resolution and
the attachments thereto for presentation at the May 12, 2005, City Commission meeting Item
CA.13, wherein this item is being presented for award of the job order contracts under Bid No.
04-05-048.
Finally, APAC has agreed to withdraw its bid protest immediately upon the City
Commission's award of the contract to APAC, however APAC reserves and does not waive any
rights in the instance that the award is appealed for any reason.
Should this letter not reflect our discussions, please contact the undersigned inunediately.
Thank you very much for all your efforts in reaching an amicable solution.
Res ectfully submitted,
cc; Faustin Denis, The MAC Company, Inc.4e.
Mary H. Conway, Director CIP
Dianne Johnson, Government Affairs and Contracts A
Gary K. Fabrikant, Procurement Supervisor, CIP
Christopher Miranda, Project Manager CIP
M1A-FS 1 \1706475v01
. Barsh, Esq.
inistrator, CIP
Greenberg Traurig, PA.I Attorneys at Law 11221 Brickell Avenue 1 Miami, FL 33131 1 Tel 305.579.0500 1 Fax 305.579.0717 1 www.gtIaw.com
AGENDA ITEM SUMMARY FORM
FILE ID:
Date: 5/11/2005
Commission Meeting Date: 5/12/2005
Type: r<1 Resolution ❑ Ordinance j
n Other
Requesting Department: Capital Improvts & Transport
District Impacted: All
Emergency Ordinance n Discussion Item
Subject: REVISED Award of Bid to multiple contractors for City of Miami Job Order Contracts,
authorization to execute contracts
Purpose of Item:
To award eighteen (18) contracts under a Job Order Contracting system for the implementation of
various capital improvement projects throughout the City. Award is recommended to for 10
horizontal construction contracts and 8 vertical contracts, and we request that the City Manager be
authorized to execute an agreement with each contractor.
Background Information:
On July 29, 2004, the Miami City Commission adopted Resolution No. 04-0516, subsequently
amended by R 04-0699 and 04-0790, allowing the Administration to establish a Job Order
Contracting ("JOC") program with seven (7) contractors pursuant to a competitively bid City of
Miami Beach Bids/Contracts Nos. 12-03/04, 13-03/04, and 14-03/04. Under a JOC construction
system, the contracts provide a firm fixed price and a multiplier for an indefinite quantity of thousands
of construction activities, upon which individual construction assignments are made to selected
contractors for specific projects or jobs based the quantities derived from completed construction
drawings.
The Capital Improvement & Transportation Department has documented the continued need
for timely and cost effectively procurement of maintenance and construction services for capital
projects, particularly for the expenditure of Homeland Defense Neighborhood Improvement Bond
proceeds, first series. The Administration issued Bid No. 04-05-048 on April 13, 2005 for new City of
Miami JOC contracts for both vertical (building) and horizontal (right-of-way) construction, and
twenty-four (24) responsive bids were received on April 13, 2005.
The City Manager and the Director of the Department of Capital Improvements and
Transportation recommend that contracts be awarded to and executed with the sixteen (16) lowest
responsive and responsible bidders to be utilized for various capital projects. A form agreement is
attached that details the terms and conditions of each JOC contract, which have a term of 12 months
or a specified maximum value, whichever is reached earliest. The maximum term is five (5) years or
5 times the specified value, again, whichever is reached earliest. Award at this time is recommended
at 24 months or 2 times the specified value.
Budget Impact Analysis
NO Is this item related to revenue?
YES Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No: Various
Page 1 of 2
YES Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
CIP
If using o
Grants
Pure
Chief
iving capital funds
Final Approvals
(SIGN AND DATE\
Budget
Risk Ma' ge
Dept. Direct
City Manage
PaaP ? of 7
REVISED 5/11/05
City of Miami
BID TABULATION & Results Summary
Bid No. 04-05-048 - Opening Date: 4/13/05 10:00 a.m.
EVALUATION & AWARD ALL ITEMS (lowest to highest bid)
Award Item
# Award
Per Item
Rank per
Items Bid
Bidder/Contractor
Adjustment
Factor 1
Adjustment
Factor 2
Adjustment
Factor 3
Adjustment
Factor 4
Combined Award
Criteria Figure
Normal Working
Hours
Other Than
Normal Working
Hours
Normal Working
Hours Davis-
Bacon Wages
Other Than
Normal Working
Hours D/B
Formula = (1 x
70) + (2 x 15) +
(3 X /0) +( 4 X
.05)
1VC
GEC Associates
1.0395
1.0422
1.0522
1.0622
1.0423
Vertical A
1
1VA
GEC Associates
1.0395
1.0422
1.0522
1.0622
1.0423
1VB
GEC Associates
1.0395
1.0422
1.0522
1.0622
1.0423
Horizontal A
1
1HA
APAC Group
1.0400
1.0800
1.0400
1.0800
1.0480
Horizontal A
2
1HA
Metro Express
1.0500
1.1000
1.0700
1.2000
1.0670
2HA
GEC Associates
1.0615
1.0715
1.1015
1.2015
1.0741
Vertical A
2
2VA
F&L. Construction
1.0564
1.1194
1.0899
1.1744
1.0751
Vertical C
1
2VC
AML Construction
1.0684
1.0784
1.1184
1.1284
1.07791
Vertical B
1
2VB
Carivon Construction
1.0675
1.0885
1.1300
1,1300
1.0801
3VC
Carivon Construction
1.0675
1.0885
1.1300
1.1300
1.08011
1.0801
3VA
Carivon Construction
1.0675
1.0885
1.1300
1.1300
Vertical B
2
3VB
Unitech Builders
1.0811
1.0799
1.0801
1.0801
1.0808
4VC
Unitech Builders
1.0811
1.0799
1.0801
1.0801
1.0808
4VB
F&L Construction
1.0634
1.1344
1.0999
1.1744
1.0833
5VC
F&L Construction
1.0634
1.1344
1.0999
1.1744
1.0833
Vertical B
3
5VB
BMA Construction
1.0701
1.1111
1.1201
1.1311
1.0844
6VC
BMA Construction
1.0701
1.1111
1.1201
1.1311
1.0844
Horizontal A
3
3HA
Tran Constuction
1.0764
1.0864
1.1264
1.1364
1.0859
4HA
F&L Construction
1.0544
1.1944
1.0894
1,2944
1.0909
5HA
Carivon Constuction
1.0850
1.0945
1.1200
1.1200
1.0917
4VA
Tran Constuction
1.0901
1.1001
1.1401
1.1501
1.0996
6VB
Tran Constuction
1.0911
1.10111
1.1511
1.1611
1.1022
7VC
Tran Construction
1.0911
1.1011
1.1511
1.1611
1.1022
7VB
MAC Construction
1.0800
1.1600
1.1600
1.2600
1.1090
Vertical C
2
8VC
MAC Construction
1.0805
1.1605
1.1605
1.2605
1.1096
6HA
HA Contracting
1.0900
1.1800
1.1800
1.2800
1.1220
Vertical A
3
5VA
HA Contracting
1.0900
1.1800
1.1800
1.2800
1.1220
6VA
FHP Techtronics
1.1210,
1.1350
1.1600
1.1850
1.1303
Horizontal A
4
7HA
General Asphalt
1.1300
1.1400
1.1400
1.1500
1.1335
Horizontal A
5
8HA
FH P Techtronics
1.1400
1.1550
1.1800
1.1950
1.1491
Horizontal A
6
10HA
Redland Co.
1.1450
1.1580
1.1700
1.1750
1.1510
Horizontal A
7
9HA
Hewitt Kier Construction
1.1648
1.1748
1.2048
1.2148
1.1728
8VB
FHP Techtronics
1.1700
1.1900
1.2100
1.2350
1.1803
Horizontal A
8
10HA
South East Engineering
1.1786
1.1986
1.1786
1.1986
1.1826
9VB
Metro Express
1.1200
1.4000
1.1400
1.5000
1.1830
7VA
Merto Express
1.1200
1.4000
1.1400
1.5000
1.1830
Horizontal A
9
11HA
Acosta Tractors
1.1884
1.2193
1.1888
1.2193
1.1947
Horizontal A
10
12HA
CW Construction
1.1722
1.2222
1.2722
1.3222
1.1971
9VC
Metro Express
1.1400
1.4000
1.1600
1.5000
1.1990
10VC
FH P Techtronics
1.2300
1.2500
1.2700
1.3000
1.2405
13HA
MCM Construction
1.6443
1.6666
1.6470
1.6682
1.6491
8VA
MCM Construction
1.6992
1.8097
1.7152
1.8267
1.7237
14HA
Weekley Paving
1.8850
1.9850
1.8950
1.9995
1.9068
15HA
Globe Tech Construction
2.3664
2.6662
2.3664
2.6622
2.4261
16HA
Williams Paving
2.6000
3.0000
2.6000
3.0000
2.6800
17HA
Metro Equipment Services
2.7500
3.0000
2.7500
'
3.0000
. . .
2.8000
. ..
8id documents .state on page 22 that if bidder is the lowest on mu hp e contracts, award may be made for e fargest (hlghestdollar va ue erm con rac tor wtiich rrlar oiaaeris
•
at oI Miami City of Miami
BID TABULATION & Results Summary (REVISED 5/11/05)
Bid No. 04-05-048 - Opening Date: 4/13/05 10:00 a.m.
1 1 1 I
Job Order Contract Horizontal A
Maximum Award (Initial Term)
$ 10,000,000
or 24 months,
whichever occurs first
Option Terms
$ 5,000,000
or 12 months,
whichever occurs first
Maximum Payable (all terms)
$ 25,000,000
Minimum Bond
$ 5,000,000
Adjustment Factor 1
Adjustment Factor 2
Adjustment Factor 3
Adjustment Factor 4
Combined Award
Criteria Figure
Normal Working
Hours
Other Than Normal
Working Hours
Normal Working
Hours D/B
Other Than Normal
Working Hours D/B
Formula = +
Order of Finish
Bidder/Contractor
70 % weight
15% Weight
10% Weight
5% Weight
(1 x .70) (2 x
.15) + (3X.10) +(4X.05)
AWARD
1 HA
APAC Group
1.0400
1.0800
1.0400
1.0800
1.0480
HORIZONTAL
2HA
Metro Express
1.0500
1.1000
1.0700
1.2000
1.0670
HORIZONTAL
3HA
GEC Associates
1.0615
1.0715
1.1015
1.2015
1.0741
Vertical A
4HA
Trap Constuction
1.0764
1.0864
1.1264
1.1364
1.0859
HORIZONTAL
5HA
F&L Construction
1.0544
1.1944
1.0894
1,2944
1.0909
Vertical A
6HA
Carlvon Constuction
1.0850
1.0945
1.1200
1.1200
1,0917
Vertical B
7HA
HA Contracting
1.0900
1.1800
1.1800
1.2800
1.1220
Vertical A
BHA
General Asphalt
1.1300
1.1400
1.1400
1.1500
1.1335
HORIZONTAL
9HA
FH P Techtronlcs
1.1400
1.1550
1.1800
1.1950
1.1491
HORIZONTAL
10HA
Redland Company
1.1450
1.1580
1.1700
1.1750
1.1510
HORIZONTAL
11 HA
Hewitt Kier Construction
1.1648
1.1748
1.2048
1.2148
1.1728
HORIZONTAL
12HA
Southeastern Engineering
1.1786
1.1986
1.1786
1.1986
1.1826
HORIZONTAL
13HA
Acosta Tractors
1.1884
1.2193
1.1888
1.2193
1.1947
HORIZONTAL
14HA
CW Construction
1.1722
1.2222
1.2722
1.3222
1.1971
HORIZONTAL
15HA
MCM Construction
1.6443
1.6666
1.6470
1.6682
1.6491
n/a
16HA
Weekley Paving
1.8850
1.9850
1.8950
1.9995
1.9068
n/a
17HA
Globe Tech Construction
2.3664
2.6662
2.3664
2.6622
2.4261
n/a
18HA
Williams Paving
2.6000
3.0000
2.6000
3.0000
2.6800
n/a
19HA
Metro Equipment Services
2,7500
3.0000
2.7500
3.0000
2.8000
n/a
Award is recommended to APAC Group, Metro Express, Tran Construction,
General Asphalt, FHP Techtonics, Redland Company, Hewett
Kier Construction, Sou heastem Engineering, Acosta Tractors
and CW Construction at the respective Adjustment Factors given above In
an amount not to exceed $10,000,000 contractor for initial
D/B = Davis Bacon wages required
per and
additional options of $5,0000,000 per contractor per , :
a maximum
or up td 1
term of up to 24 months, whichever occurs first; with up to 3
• r 'nths each term, whichever occurs first.
Recommended by:
Approved by:
{: i�'
- 3.\ • City of Miami CITY OF MIAMI
BID TABULATION & Results Summary (REVISED 5/4/05)
Bid No. 04-05-048 - Opening Date: 4/13/05 10:00 a.m.
]
Job Order Contract Vertical A
Maximum Award (Initial Term)
$ 10,000,000
or 24 months,
whichever occurs first
Option Terms
$ 5,000,000
or 12 months,
whichever occurs first
Maximum Payable (all terms)
$ 25,000 00D
Minimum Bond
$ 5,000,000
Adjustment Factor 1
Adjustment Factor 2
Adjustment Factor 3
Adjustment Factor 4
Combined Award
Criteria Figure
Normal Working
Hours
Other Than Normal
Working Hours
Normal Working
Hours D/B
Other Than Normal
Working Hours D/B
Order of Finish
Bidder/Contractor
^ 70 % weight
15% Weight
10% Weight
5% Weight
Formula • (1 x .70) + (2 x
.15) + (3 X.10) +(4 X.05)
1VA
GEC Associates
1.0395
1,0422
1.0522
1.0822�
1.0423�
AWARD
Vertical A
2V-A
b Construction
1.0564
1.1194
1.0899
1.1744
1.0751
Vertical A
3VA
Carivon Construction
1.0675
1.0885
1.1300
1.1303
1.0801
4VA
Tran Constuction
1.0901
1.1001
1.1401
1.1501
1.0996
Vertical B
Horizontal
5VA
HA Contracting
1.0900
1.1800
1.1800
1.2800
1.1220
Vertical A
6VA
FHP Tech
1.1210
1.1350
1.1600
1.1850
1.1303
7VA
Metro Express
1.1200
1.4000
1.1400
1.5000
1.1830
Horizontal
8VA
MCM Construction
1.6992
1.8097
1.7152
1.8267
1,7237
Horizontal
n/a
Award Is recommended to GEC Construction, F&L
Construction, and to HA Construction at the above Adjustment Factors in an amount not to
exceed $10,000,000 contractor for
D/B = Davis Bacon
per and a maximum initial term of up to 24 months, whichever occurs first; with up to 3 additional options of
$5,0000,000 per contractor per period for up to 12 nt each rm, whichever occurs first.
wages required
Recommended by:
n5��/SM.?
/ '
1 • 4.4
Approved
by:
• „`^
✓1.--N
.,
City of Miami CITY OF MIAMI
_ ; .1
r
Bid TABULATION & Results Summary (REVISED 5/4/05)
Bid No. 04-05-048 - Opening Date: 4/13/05 10:00 a.m.
5 1 1 1
Job Order Contract Vertical B
Maximum Award (Initial Term)
$ 4,000,000
or 24 months,
whichever occurs first
Option Terms
$ 2,000,000
or 12 months,
whichever occurs first
Maximum Payable (all terms)
$ 10,000,000
Minimum Bond
$ 2,000,000
Adjustment Factor 1
Adjustment Factor 2
Adjustment Factor 3
Adjustment Factor 4
Combined Award
Criteria Figure
Rank Order
of Bid
Bidder/Contractor
Normal Working Hours
Other Than Normal
Working Hours
Normal Working Hours
D/B
Other Than Normal
Working Hours D/B
Formula = (1 x .70).4- (2 x
.15) + (3 X.10) +( 4 X.05)
AWARD
70 % weight
15% Weight
10% Weight
5% Weight
1VB
GEC Associates
1.0395
1.0422
1.0522
1.0622
1.0423
�.
Vertical A
2VB
.
Carivon Construction
1.0675
4
1.0885
- I.
1.1300
1.1300
1.0801
Vertical B
•
3VB--
Unitech Builders -
1.0811
1.1799
1.0801
1.0801
1.0808
Vertical B
4VB
F&L Construction
1.0634
1.1344
1,0999
1.1744
1.0833
Vertical A
5VB
BMA Construction
1.0701
1.1111
1.1201
1.1311
1.0844
Vertical B
6VB
Tran Constuction
1.0911
1.1011
1.1511
1.1611
1.1022
Horizontal
7VB
MAC Construction
1.0800
1.1600
1.1600
1.2600
1.1090
Vertical B
8VB
FHP
1.1700
1.1900
1.2100
1.2350
1.1803
Horizontal
9VB
Metro Express
1.1200
1.4000
1,1400
1.5000
1.1830
Horizontal
Award is recommended to Carivon Construction, Unitech Builders, and to BMA Construction at the above Adjustment Factors in an amount
not to exceed $4,000,000 per contractor and for a maximum initial term of up to 24 months, whichever occurs first: with up to 3 additional
options of $2,0000,000 per contractor per period for up to 12 m ths each term, whichever occurs first.
D/B = Davis
Bacon wages required
Recommended by:
C►1it1i i it/iiL4.,.(V
d, G .
Approved by:
ft
� r
City of Miami City of Miami
BID TABULATION & Results Summary (REVISED 5/4(05)
Bid No. 04-05-048 - Opening Date: 4/13105 10:00 a.m.
Job Order Contract Vertical C
Maximum Award (InfIaI Term)
$
2,000,000
or 24 months,
whichever occurs first
Option Terms
$ 1,000,000
or 12 months,
whichever occurs first
Maximum Payable (all terms)
$ 1,000,000
Minimum Bond
$ 1,000,000
Adjustment Factor 1
Adjustment Factor 2
AdJustment Factor 3
Adjustment Factor 4
Combined Award
Criteria Figure
Normal Working
Hours
Other Than Normal
Working Hours
Normal Working
Hours D/B
Other Than Normal
Working Hours
Formula = (1 r.70) +
Rank Order of Bid
Bidder/Contractor
D/B
(2 x
15)
70 % weight
15% Weight
10% Weight
5% Weight
+ (3 x, ro) *(4 X.OS)
Award
1VC
GEC Associates
1.0395
1.0422
1.0522
1.0622
1.0423
Vertical A
2VC
AML Construction
1.0884
1.0784
1.1184
1.1284
1.0779
Vertical C
3VC
Carivon Construction
1 0675
1 0885
1.13004
1.1300
Vertical
4VC
Unitech Builders
1.0811
1.0799
1.0801
1.0801
1.0801
A
5VC
F&L Construction
1.0634
1.1344
1.0999
1.1744
1.0808
Vertical B
Vertical A
6VC
BMA Construction
1.0701
1.1111
1.1201
1.1311
1.0833
NC
Trap Construction
1.0911
1.1011
1.1511
1.1611
1.0844
Vertical B
r.�_.. BVC `MAC
Construction
1.0805
1.1605
1.1605
*,
1.2805
1.1022
1.1096
Horizontal
Vertical C
9VC
Metro Express
1.1400
1.4000
1.1600
1.5000
10VC
FH P Tech
1.1990
Horizontal
1.2300
1.2500
1.2700
1.3000
1.2405
Horizontal
Award is recommended to AML Construction
and to MAC Construction at the above Adjustment Factors in an amount not to exceed
$2,000,000 contractor for
D/B = Davis Bacon
wages required
per and a maximum initial term of up to 24 months, whichever occurs first; with up to 3 additional options of
$1,0000,000 per contractor per period for up to 12 months ea term, whichever occurs first.
Recommended by:
.- (7tile
i t 44
4/}_j
Approved by:
��J, ; 7•
t ;
i
Item CA-13: REVISED
..Title
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AWARDING
JOB ORDER CONTRACTS ("JOC") TO THE EIGHTEEN (18) LOWEST RESPONSIVE AND
RESPONSIBLE BIDDERS AS LISTED HEREINBELOW TO CITY OF MIAMI, FLORIDA BID
NO. 04-05-048, FOR CONTRACTS IN THE COMBINED TOTAL AMOUNT NOT TO EXCEED
$146,000,000 FOR AN INITIAL TERM OF UP TO TWENTY-FOUR MONTHS, WITH OPTIONS
TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM
VARIOUS CAPITAL PROJECT ACCOUNTS, AS MAY BE ADJUSTED FROM TIME TO TIME
BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL
IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY
LAW; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE AWARDED CONTRACTORS FOR
THIS PURPOSE.
..Body
WHEREAS, the Administration was authorized on July 29, 2004 pursuant to R-04-0516,
amended by R-04-0699 and R-04-0790, to implement a Job Order Contracting ("JOC") program
by accessing the competitively bid City of Miami Beach JOC Contracts / Bid Nos. 12-03/04, 13-
03/04 and 14-03/04 issued on March 31, 2004; and
WHEREAS, under a JOC construction program, all contracts provide a firm fixed price
and a multiplier for an indefinite quantity of thousands of construction activities, upon which
individual construction assignments are made to selected contractors for specific projects or
jobs based the quantities derived from completed construction drawings; and
WHEREAS, the need continues for the timely and cost effectively procurement of
maintenance and construction services for capital projects, particularly for the expenditure of
Homeland Defense Neighborhood Improvement Bond proceeds, first series; and
WHEREAS, the Administration issued Bid No. 04-05-048 on April 13, 2005 for new City
of Miami JOC contracts for vertical (building) and horizontal (right-of-way) construction, and
twenty-two (22) bids were received on April 13, 2005; and
WHEREAS, Article 14.1, Instruction to Bidders, provides for the award of sixteen (16)
contracts; and
WHEREAS, Article 13.1, Instruction to Bidders, of the contract provides for award to
additional contractors where it is determined to be in the best interest of the City of Miami; and
WHEREAS, the City Manager has determined that based on the volume and scopes of
work of pending horizontal construction projects it is necessary to award two additional
contracts to meet the time constraints for the expenditure of Homeland Defense Neighborhood
Improvement Bond proceeds, first series; and
WHEREAS, the City Manager and the Director of the Department of Capital
Improvements and Transportation recommend that contracts be awarded to and executed with
the eighteen (18) recommended bidders to be utilized for various capital projects; and
WHEREAS, contract and project manual provide that the initial contract term and any
subsequent option shall expire at the end of the specified period of time OR when Job Orders
issued to the Contractor reach the maximum compensation payable for that period, whichever
Item CA-13: REVISED
occurs first;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this section.
Section 2. Contracts are awarded to the eighteen (18) lowest responsive and responsible
bidders to Bid No 04-05-048 identified herein for Job Order Contracting services for horizontal
and vertical construction for a combined total amount not to exceed $146,000,000 for the initial
term up to twenty-four (24) months, with options to extend for three additional one-year periods,
with funds allocated from various Capital Project accounts, as may be adjusted from time to
time by the City Commission in the Annual Appropriations/Capital Improvement ordinances, or
as otherwise adjusted as permitted by law.
Horizontal Construction
Name of Contractor
Acosta Tractors, Inc.
CW Construction, Inc.
General Asphalt, Inc.
FHP Techtronic Corporation
Hewitt Kier Construction, Inc.
Metro Express, Inc.
Southeastern Engineering Contractors, Inc.
Tran Construction, Inc.
The Redland Company
APAC Group, Inc.
Vertical Construction
Name of Contractor
GEC Associates, Inc.
F&L Construction, Inc.
H.A. Contracting Corporation
BMA Construction, Inc.
Carivon Construction Company
Unitech Builders Corporation
AML Construction, LLC
MAC Construction, Inc.
TOTAL AWARD INITIAL TERM
Maximum compensation, all firms
Initial Term
Present Award Value
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$100,00Q000
Initial Term
Present Award Value
$10,000,000
$10,000,000
$10,000,000
$ 4,000,000
$ 4,000,000
$ 4,000,000
$ 2,000,000
$ 2,000,000
$46 000.000
$146.000.000
Future Option
Term Amounts
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 5,000,000
Future Option
Term Amounts
$ 5,000,000
$ 5,000,000
$ 5,000,000
$ 2,000,000
$ 2,000,000
$ 2,000,000
$ 1,000,000
$ 1,000,000
Section 3. The City Manager is authorized to execute an agreement {1} in substantially the
attached form with each of the listed contractors for this purpose.
Item CA~13:REVISED
Section 4. This Resolution ehoU become effective immediately upon its adoption and signature
of the Mayor.(2)
..Footnote
(1) The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not |(mnhad to those prescribed by applicable sections of the City
Charter and Code.
/2l|f the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Reao|udon, it shall become effective
immediately upon override of the veto bythe City Commission.
City of Miami
BID TABULATION & Results Summary
Bid No. 04-05-048 - Opening Date: 4/13/05 10:00 a.m.
Initial Term
CONTRACT Present Award Future Option
AWARDED Value Term Amounts*
HORIZONTAL CONSTRUCTION
Acosta Tractors, Inc. Horizontal A $10,000,000 $5,000,000
CW Construction, Inc. Horizontal A $10,000,000 $5,000,000
FHP Techtronic Corporation Horizontal A $10,000,000 $5,000,000
General Asphalt, Inc. Horizontal A $10,000,000 $5,000,000
Hewitt Kier Construction, Inc. Horizontal A $10,000,000 $5,000,000
Metro Express, Inc. Horizontal A $10,000,000 $5,000,000
Southeastem Engineering Contractors, Inc. Horizontal A $10,000,000 $5,000,000
Tran Construction, Inc. Horizontal A $10,000,000 $5,000,000
The Redland Company Horizontal A $10,000,000 $5,000,000
APAC Group Inc. Horizontal A $10 000,000 $5,000,000
$100,000,000
VERTICAL CONSTRUCTION
GEC Associates, Inc. Vertical A $10,000,000 $5,000,000
F&L Construction, Inc. Vertical A $10,000,000 $5,000,000
H.A. Contracting Corporation Vertical A $10,000,000 $5,000,000
BMA Construction, Inc. Vertical B $4,000,000 $2,000,000
Carivon Construction Company Vertical B $4,000,000 $2,000,000
Unitech Builders Corporation Vertical B $4,000,000 $2,000,000
AML Construction, LLC Vertical C $2,000,000 $1,000,000
MAC Construction, Inc. Vertical C $2,000,000 $1,000,000
$46,000,000
TOTAL AWARD INITIAL TERM, Maximum
Compensation all Firms $146,000,000
• Future awards subject to additional City CommittIon approval
Project Manual
of 'a
00600 CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami, a municipal
corporation of the State of Florida, hereinafter referred to as CITY, and
hereinafter referred to as CONTRACTOR
W ITN E SS E T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1. SCOPE OF WORK
1.1 CONTRACTOR has been awarded a contract for the services identified in Bid
No. 04-05-048 as "Vertical Construction Work A" having a maximum
compensation payable of $10,000,000 for the initial term of up to twenty-four
months and maximum compensation of $5,000,000 for any option term, and a
minimum payment and performance bond requirement of $5,000,000
1.2. The Scope of work under this Contract shall be determined by individual Job
Orders issued hereunder. Upon receipt of a Purchase Order, the
CONTRACTOR shall furnishes all services to support individual Job Orders,
shop drawings, samples, management, documentation, materials, supplies, parts
(to included system components), transportation, plant, supervision, labor and
equipment needed to perform the work at designated CITY properties.
ARTICLE 2. CONTRACT TIME
2.1. CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Purchase Order. The initial term of the twenty-four (24) months
contract shall commence on the date of the Contract, The maximum contract
time if all three (1) year options are exercised is no more than five (5) years or
when the maximum value of the contract is reached.
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2.1.3. Once the Contract is in place, Purchase Orders will be issued for the
individual Job Orders. The time for completion of individual Job Orders will
be contained in the Purchase Order.
2.2. Time is of the essence throughout this Contract. Job Orders shall be
substantially completed within the specified calendar days listed on each
individual Purchase Orders, and completed and ready for final payment in
accordance with Article 5 within the time specified on each Purchase Order.
2.3. The initial contract term and any subsequent option shall expire at the end of the
specified period of time OR when Job Orders issued to the CONTRACTOR
reach the maximum compensation payable for that period, WHICHEVER
OCCURS FIRST.
ARTICLE 3.
THE CONTRACT SUM AND ADJUSTMENT FACTORS
3.1. CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents. The contract is an indefinite -quantity contract with no
minimum values.
3.1.1. The maximum amount that may be awarded under a Horizontal A contract
is ten million dollars ($10,000,000) for the initial term and five million
dollars ($5,000,000) for any option term. The overall maximum value for
the Horizontal A contract is twenty-five million dollars ($25,000,000).
3.1.2. The maximum amount that may be awarded under a Vertical A contract is
ten million dollars ($10,000,000) for the initial term and five million dollars
($5,000,000) for any option term. The overall maximum value for the
Vertical A contract is twenty-five million dollars ($25,000,000).
3.1.3. The maximum amount that may be awarded under a Vertical B contract is
four million dollars ($4,000,000) for the initial term and two million dollars
($2,000,000) for any option term. The overall maximum value for the
Vertical B contract is ten million dollars ($10,000,000).
3.1.4. The maximum amount that may be awarded under a Vertical C contract is
two million dollars ($2,000,000) for the initial term and one million dollars
($1,000,000) for the option terms. The overall maximum value for a
Vertical C contract is five million dollars ($5,000,000).
3.2. Payment shall be at the lump sum price stated in the Purchase Order for each
Job Order. This price shall be full compensation for all costs, including overhead
and profit, associated with completion of all the work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents using the
following adjustment factors:
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3.2.1. Normal Working Hours Construction: Contractor shall perform any or all
functions called for in the Contract Documents and the individual project
Detailed Scope of Work, scheduled during normal working hours in the
quantities specified in individual Job Orders against this contract for the
unit price sum specified in the Construction Task CatalogTM (CTC)
multiplied times the adjustment factor of: insert from bid
3.2.2. Other Than Normal Working Hours Construction: Contractor shall perform
any or all functions called for in the Contract Documents and the individual
project Detailed Scope of Work, scheduled during other than normal
working hours in the quantities specified in individual Job Orders against
this contract for the unit price sum specified in the Construction Task
CatalogTM (CTC) multiplied times the adjustment factor of:
3.2.3. Normal Working Hours Construction using Davis Bacon Wages:
Contractor shall perform any or all functions called for in the Contract
Documents and the individual project Detailed Scope of Work, scheduled
during normal working hours in the quantities specified in individual Job
Orders against this contract for the unit price sum specified in the
Construction Task CatalogTM (CTC) multiplied times the adjustment factor
of:
3.2.4. Other Than Normal Working Hours Construction using Davis Bacon
Wages: Contractor shall perform any or all functions called for in the
Contract Documents and the individual project Detailed Scope of Work,
scheduled during other than normal working hours in the quantities
specified in individual Job Orders against this contract for the unit price
sum specified in the Construction Task Catalog Tm (CTC) multiplied times
the adjustment factor of:
ARTICLE 4. PROGRESS PAYMENTS
4.1. For Job Orders of duration of 45 days or less, the City will make only one final
payment. For Job Orders of duration of more than 45 days the contractor may
make Application for Payment for work completed during the Project at intervals
of not more than once a month. Contractor's application shall show a complete
breakdown of the Project components, the quantities completed and the amount
due, together with such supporting evidence as may be required by CITY.
Contractor shall include, but same shall be limited to, at City's discretion, with
each Application for Payment, an updated progress schedule acceptable to CITY
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as required by the Contract Documents and a release of liens and consent of
surety relative to the work which is the subject of the Application. Each
Application for Payment shall be submitted in triplicate to CITY for approval.
CITY shall make payment to contractor within thirty (30) days after approval by
CITY of contractor's Application for Payment and submission of an acceptable
updated progress schedule.
4.2. Ten percent (10%) of all monies earned by contractor shall be retained by CITY
until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CITY and CONTRACTOR shall have no entitlement to a
reduction. Any interest earned on retainage shall accrue to the benefit of CITY.
All requests for retainage reduction shall be in writing in a separate stand alone
document.
4.3. CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1. Defective work not remedied.
4.3.2. Claims filed or reasonable evidence indicating probable filing of claims by
other parties against CONTRACTOR or CITY because of Contractor's
performance.
4.3.3. Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4. Damage to another contractor not remedied.
4.3.5. Liquidated damages and costs incurred by CITY for extended construction
administration.
4.3.6. Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
ARTICLE 5. ACCEPTANCE AND FINAL PAYMENT
5.1. Upon receipt of written notice from contractor that the Job Order is ready for final
inspection and acceptance, CITY and or Program Manager shall, within ten (10)
calendar days, make an inspection thereof. If Contract Administrator find the
Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CITY and or Program Manager, over its
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signature, stating that the requirements of the Contract Documents have been
performed and the Work is ready for acceptance under the terms and conditions
thereof.
5.2. Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to the CITY a complete release of all liens arising out of this Contract,
receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as -built drawings; and invoice.
5.3. If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and the CITY so certifies,
CITY shall, upon certificate of the CITY, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed
and accepted. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
5.4. Final payment shall be made only after the CITY Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by contractor, except those
previously made in strict accordance with the provisions of the General
Conditions and identified by contractor as unsettled at the time of the application
for final payment.
ARTICLE 6. MISCELLANEOUS
6.1. Construction of Agreement
This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
6.2. Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3. No Damages for Delay:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein. CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
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limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY and or Program Manager. Otherwise, CONTRACTOR shall be entitled
only to extensions of the Contract Time as the sole and exclusive remedy for
such resulting delay, in accordance with and to the extent specifically provided
above.
6.4. Public Entity Crimes:
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.5. Independent Contractor:
Contractor is an independent contractor under this Contract. Services provided
by CONTRACTOR pursuant to this Contract shall be subject to the supervision of
CONTRACTOR. In providing such services, neither Contractor nor its agents
shall act as officers, employees, or agents of the CITY. This Contract shall not
constitute or make the parties a partnership or joint venture.
6.6. Third Party Beneficiaries:
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.7. 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
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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:
Ms. Mary H. Conway, PE
Director of Transportation/Capital Improvements
Office of The City Manager
444 S.W. 2nd Avenue 10th Floor
City of Miami 33130
With copies to:
City Attorney's Office
City of Miami
444 SW 2nd Avenue
City of Miami, Florida 33130
For Contractor:
6.8. Assignment and Performance:
6.8.1. Neither this Contract nor any interest herein shall be assigned,
transferred, or encumbered by either party. In addition, Contractor shall
not subcontract any portion of the work required by this Contract except as
authorized by Section 27 of the General Conditions. Contractor represents
that all persons delivering the services required by this Contract have the
knowledge and skills, either by training, experience, education, or a
combination thereof, to adequately and competently perform the duties,
obligations, and services set forth in the Scope of Work and to provide and
perform such services to City's satisfaction for the agreed compensation.
6.8.2. Contractor shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of Contractor's
performance and all interim and final product(s) provided to or on behalf of
City shall be comparable to the best local and national standards.
6.9. Materiality and Waiver of Breach:
6.9.1. 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.
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6.9.2. 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.
6.10. 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.
6.11. Applicable Law and Venue:
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 of any civil litigation related to, or arising out of
the Project. CONTRACTOR shall specifically bind all sub -contractors to the
provisions of this Contract. Each party shall bear its own costs for attorneys'
fees.
6.12. 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.
6.13. 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 Section
6.11 above.
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is
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year first above written.
ATTEST: THE CITY OF MIAMI
Priscilla A. Thompson, City Clerk Joe Arriola, City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Jorge L. Fernandez, City Attorney Dania Carillo, Risk Management Administrator
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NON -
CORPORATION FORMAT, AS APPLICABLE.
incorporated sign below.]
CONTRACTOR
ATTEST:
Name of Corporation)
(Secretary) By
(Signature and Title)
Corporate Seal)
(Type Name/Title Signed Above)
day of , 20
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Law #K-05-00328
City of Miami March 2005
Revised May 5, 2005
TWO (2) ORIGINALS TO BE EXECUTED
Project Manual
of Miami
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name)
By
(Signature)
(Type Name Signed Above)
day of , 20
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Law #K-05-00328
City of Miami March 2005
Revised May 5, 2005
TWO (2) ORIGINALS TO BE EXECUTED
CORPORATE RESOLUTION
WHEREAS, desires to enter into an
agreement with the City of Miami for the purpose of performing the work described in
the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By -Laws of the corporation; DIRECTORS
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF
that the , currently
(type title of officer)
, is hereby authorized
(type name of officer)
and instructed to enter into a contract, in the name and on behalf of this corporation,
with the City of Miami upon the terms contained in the proposed contract to which this
resolution is attached and to execute the corresponding performance bond.
DATED this day of , 20
Chairperson of the Board of Directors
Corporate Secretary
(Corporate Seal)
Page 72
Law #K-05-00328
City of Miami March 2005
Revised May 5, 2005
TWO (2) ORIGINALS TO BE EXECUTED