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Cityof Miami
.�� RECEIVED
20n JUL 8 `, 50 Legislation
pR45CtLL1t :,. 7Holipscgesolution: R-07-0406
e* 1 C L W444;
t%i ( Ht.HII. Ft
Fife Nunth r: 0i- 0837OF 1`
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/.07C)
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO REINSTATE THE ,A .REEMENTS -HAT HAVE EXPIRED, AS
IDENTIFIED WITH ASTERISKS BE'_OW, AND EXERCISE THE CITY OF MIAMI'S
OPTION TO RENEW TWELVE JOB ORDER CON -RACTS, TO THE FIRMS
LISTED HEREIN, T^ CC_ .TINUE T . PROVIDE MAINTENANCE AND
CONSTRUCTION SERVICES CU` IV IDE, ON AN AS -NEEDED BASIS FOR
CAPITAL_ PROJECTS FOR AN ADDITIG: ,.AL ONE-YEAR PERIr D, PURSUANT TO
RESOLUTION NO. 05-0290, ADOPTED MAY 12, 2_005; ALLOCATING FUNDS
FROM VARIOUS CAPITAL PROJECT ACCOUNTS AND DEPARTMENTAL
BUDGETS, SUBJECT TO BUDGE1 ARY APPROVAL AT THE TIME OF NEED.
co c
WHEREAS, the Administration identified a need to implement a Job Order Contracting ("JOC")
/stem to achieve the timely and cost effective procurement of maintenance and construction services
Dr capital projects; and
WHEREAS, under a JOC construction program, all contracts provide a firm fixed price and a
multiplier for an indefinite quantity of various construction activities, upon which individual construction
assignmerts are made to selected contractors for specific projects or jobs based on quantities derived
from completed construction drawings; and
WHET \EF the Administration issued Bid No. 04-05-048 on April 13, 2005, for new City of Miami
("City") JOC contracts for vertical (building) and horizontal (right-of-way) construction, and twenty-two
(22) b ds were aceived on April 13, 2005; and
WHEREAS, pursuant to Resolution I'D. 05-0290, adopted May 12, 2005, the City Commission
authorized the olementation of a JC program and awarded contracts to the eighteen (18) lowest
responsive an ' responsible bidders; and
WHEREAS, the JOC Program Agreement(s) ("Agreements") have an initial term of twenty-four
24) months with an option to renew for t` -ee (3) additional one (1) year periods and a maximum value
of $25,000,000, subject to City Commission approval and available funding; and
WHEREAS, the Agreements were executed between June and October of 2005, and some of
them expired in June, 2007; and
WHEr =.' , due to the ongoing need for the timely and cost effective delivery of maintenance and
construction services for capital projects, the City Manager and the Department of Capital
Improvements and Transportation recommend, based on their successful performance for the City to
date, thi.at ..lelve (12) of the eighteen (18) Agreements be extended, utilizing the first option to renew,
for an additional one (1) year period as detailed herein; and
WHEREA it is necessary to reinstate those agreements having an expiration date in June, 2007;
City ojMia►ni Page 1 of
—I��� r {estartan-
Printed On: 7/3/2008
File Number: 07-00837 Enactment Number: R-07-0406
and
WHEREAS, this Resolution authorizes the City Manager to issue a renewal letter to each of the
firms listed in herein;
NOW, -HEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FI ;5RIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
?,ference and incorporated as if fully set forth in this Section.
Section 2. T; City Manager is authorized{1} to reinstate the agreements that expired in June,
07, identified wrf'n an asterisk (*) below, and to exercise the City's option to renew twelve Job Order
Contracts, to the firms listed herein, to continue to provide maintenance and construction services
Citywide, on an as -needed basis for capital projects for an additional one-year period, pursuant to
Resolution N' J5-0290, adopted May 12, 2005, with funds allocated from various capital project
accounts and departmental budgets, subject to budgetary approval at the time of need.
Initial Term
Value
HORIZONTAL CONSTRUCTION
Acosta Tractors, Inc`. $10,000,000
APAC Group Inc.* $10,000,000
CW Construction, Inc.` $10,000,000
FHP Tectonics Corp.* $10,000,000
Hewitt Kier Construction, Inc* $10,000,000
Metro Express, Inc.* $10,000,000
Southeastern Engineering Contractors, Inc.* $10,000,000
Tran Construction, Inc.' $10,000,000
VERTICAL CONSTRUCT -ON
AML Construction, LLC
BMA Construction, Inc.*
F&L Construction, Inc.
GEC 4ssociates, inc.
First -year
option
renewal
amount
S5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
Contract
Effective
D to
6/13/2005
6/13/2005
6/13/2005
6/14/2005
6/13/2005
6/22/2005
6/13/2005
5/27/2005
Initial New
Term Contract
Expiration Expiration
Date Date
6/13/2007
6/13/2007
6/13/2007
6/14/2007
6/13/2005
6/22/2007
6/13/2007
5/27/2007
6/13/2008
6/13/2008
6/13/2008
6/14/2008
6/13/2008
6/22/2008
6/13/2008
5/27/2008
$2,000,000 $1,000,000 10/3/2005 10/3/2007 10/3/2008
$4,000,000 $2,000,000 6/13/2005 6/13/2007 6/13/2008
$10,000,000 $5,000,000 10/3/2005 10/3/2007 10/3/2008
$10,000,000 $5,000,000 8/17/2005 8/17/2007 8/17/2008
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
City of Miami
Page 2 of 3 Printed On: 7/3/2008
File Number: 07-00837 Enactment Number: R-07-0406
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
1} If the Mayor .:ues not sign this Resolution, it shall become effective at the end of ten calendar days
rrom the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
riimediately upon override of the veto by the City Commission.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
City of; Iiami Page 3 of 3 Printed On: 7/3/2008
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
City of Miami
Legis ation
Resolution
RE.17-SUBSTITUTE ITEM
JULY 10, 2007
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.:-niamigov.com
File Number: O7-01.013'
Final Action !)ate: CO
A RESOLUTION OF THE MIS.' `: C -Y COMMISSION AUTHORI ' ING THE CITY Z z
MANAGER TO REINSTATE THE ,',3REEMENTS THAT HAVE E {PIRED, AS % 0
IDENTIFIED WITH ASTERISKS BELOW, AND EXERCISE THE CITY OF MY:h,''S I—,�
OPTION TO RENEW TWELVE JOB ORDER CONTRACTS, TO THE FIRMS
LISTED HEREIN, TO CONTINUE TO PROVIDE MAINTENANCE A`>`f) D LU
CONSTRUCTION SERVICES CIT VIDE, ON AN AS -NEEDED BASIS FOR }"' --1
CAPITAL PROJECTS FOR AN ADDITIONAL ONE-YEAR PERIC D, PURSE "]T TO i._.
RESOLUTION NO. 05-0290, ADOPTED MAY 12, 2005; ALLOC;" TING FUNDS cr 0
BUDGETS, SUBJECT TO BUDC - ARY APPROVAL AT THE . 'E OF NEED. III .a a
FROM VARIOUS CAPITAL PROJECT ACCOUNTS AND, DEPARTMENTAL
0
a
WHEREAS, the Administration ide `::: a need to im-. ement a Job Order Contracting ("JOC") =
system to achieve the timely and cost effective procurement of maintenance and construction servic:,,
for capital projects; and
WHEREAS, under a JOC construction program, all cortractsprovide a firm fixed rice and a �` `" 0
H P 9 P � M.,
multiplier for an indefinite quantity of various construction activities, upon which individual constructi•1-�� c
assignments are made to selected contractors for specific projects or jobs based on quantities deriv • C-f
from completed construction drawings; and
WHEREAS, the .Administration issL,:;c' Rid No. 04-05-048 on April 13, 2005, for new City of Miam ,,
("City') JOC contracts for vertical (building,) and horizonth (right-of-way) construction, and twenty-two
(22) bids were received on April 13, 2005, and 0
WHEREAS, pursuant to Resolution t 05-0290, ads .ed May 12, 2005, the City Commission Z
authorized the implementation of a JOC p, ogr. °n and awarded contracts to the �, (18) lowest ( - i
responsive and responsible bidders; and
WHEREAS, the JC :, Program Agreement(s) ("Agreements") have an initial term of twin -four 0
(24) months with ::n option to re, for tl - k3) additional one (1) '..ear T.. iods and a maximum value
of $25,000,000, subject to City Commission approval and available iunding; and
WHEREAS, the Agreements were ex ,cuted between June and October of 2005, and some of
them expired in June, 2007; and
WHEREAS, due to the on" Ding need for the timely and cost ; ''active delivery of maintenance and
construction services for cap;:, 1 ; -ojects, the City Man :=; ;=r and the Department of Capital
Improvements and Transportation recommend, based on their successful performance for the City to
date, that twelve (12) of the eigi , J,n (11 Agreements be extended, utilizing the first option to renew,
for an additional ,)ne (1) year period as c herein; and
WHEREAS, it is necessary to reinstate those agreements having . a expiration date in June, 2007;
City of Miami
>> I DMida-ril aro, SV8
Page I of 3 Primed On: 715/2007
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
File Number: 07-008=
and
WHEREAS, this Resolution authorizL. the City Manager to issue a renewal letter to each of the
firms listed in herein;
NOW, THEREFORE, BE IT RESOLVED E- T 1E CC' ISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recita's and finding, -c itairled in the Preamble to th'-- Resolution are adopted by
reference and incorporated as if ft set forth in this Section.
Section 2. The City Mans.,;;;: is authoriz ,: } to reinstate the E'reements that expired in June,
2007, identified with ^ • asterisk (*) b c ,nd to exercise the City c otion to renew twelve Job Order
Contracts, to the firms listed herein, to cc : rue to provide maintenance and construction services
Citywide, on an a --► - ded k - •'s for capital projects for an additional one-year period, pursuant to
Resolution No. 05-0290, adopted May 12, 200, with funds allocated from various capital project
accounts and departmer::a, budgets, subject to budgetary approval at the time of need:
HORIZONTAL CONSTRUCTION
Acosta Tractors, Inc*.
APAC Group Inc,*
CW Construction, Inc.*
FHP Tectonics Corp.*
Hewitt Kier Construction, Inc*
Metro Express, Inc,*
Southeastern Engineering Contractors, Inc *
Tran Construction, Inc.*
VERTICAL CONSTRUCTION
AML Construction, LLC
BMA Construction, inc.*
FM_ Construction, Inc.
GEC Associates, Inc.
Initial Term
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
r irst-year
option
renewal
amount
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
$5,000,000
Contract
Effective
Date
6/13/2005
6/13/2005
6/13/2005
6/14/2005
6/13/2005
6/22/2005
6/13/2005
5/27/2005
Initial F
Term Coy act
Expiration Exls>r-Aon •
Dale
6/13/2007 6/13/2008
6/13/2007 6/13/2008
6/13/2007 6/13/2008
6/14/2007 6/14/2008
6/13/2005 6/13/2008
6/22/2007 6/22/2008
6/13/2007 6/13/2008
5/27/2007 5/27/2008
$2,000,000 $1,000,000 10/3/2005 10/3/2007 10/3/2008
$4,000,000 $2,000,000 6/13/2005 6/13/2007 6/13/2008
$10,000,000 $5,000,000 10/3/2005 10/3/2007 10/3/2008
$10,000,000 $5,000,000 8/17/2005 8/17/2007 8/17/2008
Section 3. This Resolution shall become effective immedia`< ;;a upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
J
CIT
NAN►DEZ
ORIG AL j COJG NAL CAN BE
City of of
SEEN AT END OF DOCUMENT Printed On:7ir007
THIS DOCUMENT 1S A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
File Number. 07-00837
Footnotes:
(1) The, herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not'. d to those prescribed by applicable City Charter and Code
provisions.
(2) If the Mayor does lot sign this Resole: on, it shall bec effective at the end of ten calendar days
from the date it was passed and ado. ': d If the Mayor vet 3es this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
rtHIS DOCUMENT IS A SUBSTITUTION TO
ORIGINAL BACKUP. ORAGINAL CAN BE
SEEN AT END OF THIS DOCUMENT �.
City of Miami
Page 3 of 3 Printed On: 7/5/2007
Ftie Number: 07-0
A RESOLUTION
MANAGER TO EX
JOS ORDER CONT
PROVIDE MA1NT7NA
AS -NEEDED BAQIS FO
PERIOD, PURSUANT TO
ALLOCATING FUNDS FRO
DEPARTMENTAL BUDGETS
TIME OF NEED.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGftvAL
CAN BE SEEN AT END OF THIS
DOCUMENT
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.mlamlpov.com
Flea! Action Date:
THE MIA' ' CITY COMMISSION AUTHORIZING THE CITY
CISE TI- C'' ( OF MIAMI'S OPTION TO RENEW TWELVE
TS, TO THE FIRMS LISTED HEREIN, TO CONTINUE TO
E AND CONSTRUCTION SERVICES CI"'WIDE, ON AN
APITAL PROJECTS FOR AN ADDITIONAL ONE-YEAR
SOLUTION NO. 05-0200, ADOPTEC \.Y 12, 2005;
ARIOUS CAPITAL PROJL CT ACCOUNTS AND
BJECT TO BUCGETARY APPROVAL AT THE
WHEREAS. the ,dministrr ion Identified a n to implement a Job Order Cor _cting ("JOC")
system to achieve the timely ar:: cost effective pro cement of maintenance and cor, :`,.ruction servk:
for capital projects; and
WHEREAS, under a JOC construction program, all c• 'tracts provide a firm flxed price and a
multiplier for an indefinite quantity of various construction a. vities, upon which individual construction
assignments are made to selected contractors for specific pr =cts or jobs based on quantities derived
from completed construction drawings; end
WHEREAS, the Administration issL ; _ Bid No. 04-05-048 on A' ` 13, 2005, for new City of Miami
("Ctty") JOC contracts for vertical (building) and horizontal (right-of-w construction, and twenty-two
(22) bids were received on ! . rrll 13, 20i ,, and
WHEREAS, pursuant to Resolution No. 05-0290, ado led , 3y 12, 200 the City Commission
authorized the implementation of a JOC program and av_.<:rded contracts tot eighteen (18) lowest
responsive and responsible bidders; and
WHEREAS. the JOC Program Agreement(e) ("Agres6�ents") 3 an initial te, of twenty-four.
(24) months with an op`. ; J to renew for three (3) additional one (1) _ =-r periods and nnaximum value
of $25,000,000, subject to City Commission approval and available funding; and
WHEREAS, the Agreements were executed betyen June and Oct _:r of 2005, and
scheduled to expire accordingly In 2007; and
WHEREAS, due to the ongoing need for the timely ;, d cost effective delivery of maintenanc- =nd
construction services for capital projects, the City Manager and the Department of Capital
Improvements and Tr, -donation recommend, based o , thc; successful performance for the City t
date, that twelve (121 of the e r;es n (1is Agreements . 3 extended, utilizing the first option to renew,
for an additional o';3 (1) 1 -:r period as de;, herein; and
WHEREAS, this Resolution authorizes the City Manager to issue a renewal letter to each of the
firms listed in herein;
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN 13E SEEN AT END OF THIS
DOL'UMENT
File h • Aber: 07-Q0897
NOW, ERE! FORE, BE IT RESOLVED BY THE COS.' . ISSION OF THE CITY OF
FLORlt3A:
Section 1. Th- ecitals and findings contained in the Preamble to this Resolution are adopted by
reference and inca • •rated as If fully set forth in this Section.
Section 2, The City .+ - nager is authorized(1) to exercise the City's o : -.n to renew twelve Job
Order Contracts, to the fir . listed herein, to continue to provide maintenance and construction
services Citywide, on an as- . ded basis for capital projects for an additional one-year period,
pursuant to Resolution No, 05- 90, adopted May 12, 2005, with funds silo-- :d from various capital
project accounts and department: budgets, subject to budgetary approval at the time of need.
Initial Term First -year Contract Initial New
Value option Effective Term Contract
renewal Date Expiration Expiration
amount Date • Date
HORlZ0NTALCONSTRUCTION
Acosta Tractors, Inc. $10,D00,
APAC Group Inc. $10,000,00
CW Construction, Inc. $10,000,000
FHP Tectonics Corp. $10,000,000
Hewitt Kier Construction, Inc $10,000,000
Metro Express, Inc. $10,000,000
Southeastern Engineering Contractors, Inc. $10,000,000
Tran Construction, Inc. $10,000,000
VERTICAL CONSTRUCTION
AML Construction, LLC
E3MA Construction, Inc
F&L Construction, Inc
«EC Associates, Inc.
$5,000,000 8/13/2006 6/13/2007 6/13/2008
$5,000,000 6/13/2005 6/13/2007 6/13G::_..
•,000,000 6/13/2005 6/13/2007 6/13/20C
$ •00,000 6/14/2005 6/14/2007 6/14/2008
$5,. • 1,(H30 8/13/2005 6/13/2006 6/13/2008
$5,00..00 6/22/2005 6/22/2007 6/22/2008
$5,000, 0 , . 6/13/2005 6/13/2007 6/13/201 i
$6,000,00. 5/27/2005 5/27/2007 5/27/2008
$2,000,000 $1,000,000 10/3/2,116 10/3/2007 10/3/2008
,000,000 $2,000,000 6/1 v20., 6/13/2007 6/13/27 "8
10,000,000 $6,000,000 10/3/2005 /3/2007 10/3/2C )8
$10,000,000 $5,000,000 8/17/2005 /2007 8/17/2008
Section 3, 'phis Resolution shall become effective immediately upon its adoption an.. ignature of
the Mayor.{21
APP • EDAM TO FORM AND CORRECTNESS:
JORERNANDEZ
BST1 TED
CITY TNRNEY ' ,.i r. .:•
Cfrp of Alin"
Page 2 of 3
Primed d On: 6/21/2007
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CAN BE SEEN AT END OF THIS
DOCUMENT
FJJe mber: O7-0O6w 7
Footn is
{1} The he
by the City A
provisions.
{2} If the Mayor d• . not sign this Resofu ': n, it shall become effective at the end of ten calendar days
from the date it was ssed and ado `: -. If the Mayor vetoes this Resolution, it shall become effectiv ti
immediately upon ove de of the veto by the City Commission.
n authorization is further subject to compliance with all requirements that may be imposed
ney, including but not limited to those prescriaed by applicable City Charter and Code
SU :TITUT
C7ry of Miami
Page 3of3
Printed On: 6 22/7007
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DOCUMENT
&MUM ITEM c " Y FORM
FILE ID:C2c ' ) S. -7
Date: 3/16/2007 Requesting Department:
Commission Meeting Date: 57 I6t20t?7 District Impacted: All
Type: Ejj Resolution [] Ordinance ❑ Emergency Ordinance ❑ Discussion Item ❑ Other
Subject: Resolution authorizing the City Manager to issue a renewal letter to relve job order contractors
("JOCs" ), exercising the C y's first option to renew their exist : ,, agreements with the City.
Purpose of Item:
Aathorizing the City Manager to exercise the City's option to renew twelve Job Order Contracts ("JOCs"), to
continue to provide maintenance and construction services cif -vide on an as-ne, ded basis for capital projects
for an additional one-year period; allocating funds from variol ; capital project accounts and departmental
budgets, subject to budgetary approval at the tune of need.
Background Information:
The Administration identified a nee- to im-ilement a Job Order Contracting ("JOC") system to achieve the
timely and cost effective delivery of n. . to lance and constriction services for capital projects. Under a JOC
construction program, al: contracts provide a fir fixed pr ce and a mull , lier for an indefinite quantity of
various construction act: 'ities, upon wh.ch is livid►:o .,onstruction assignments are made to selected
contractors for specific projects or jobs bases; on quantities derived from completed construction drawings. Bid
No. 04-05-048 was issued soliciting JOC contracts for vertical (building) and horizontal (right-of-way)
construction, and twenty-two (22) bids ::'e received. Pu ..iant to Resolution No. 05-0290, the Comissior
authorized implementation of a JOC program and awarded contracts to eighteen (18) bidders. The JOC 1'
agreements have an irntial term of twenty-four (24) months with an option to renew for three (3) additional one
(1) year periods. The Agreements were executed between June and October of 2005 and are sc.`.:+_ ,3uled to
expire accordingly in 2007. Due to the ongoing need for these services and a desire to maintain multiple
delivery methods for capital projects, the City Manager and CIT recommend that of the eighteen (18) original
firms, the twelve (12) firms identified herein be . iwarded contract extensions, utilizing the first option to
for an additional one ".) year period. The twelve firms were _it. based on their successful performance for '
the City to date.
B it' ,et Imr :. 4 ` ialysik.
NO Is this item related to revenue?
NO Is this item an expenditure? 'so, please ide :tify funding source elow.
General Account No:
special Revenue Account No:
OP Project No:
NO Is this item funded by Home nd I nseJN ;hborhood' nprovement Bonds?
Start Up Capital Cosh
Maintenance Cost:
Total Fiscal Impact:
CIP N/A
?f using or receiving capital funds
Grants
Purchasing j\f /A
Final Approvals
(SIGN AND DATE)
Budget
N/A
N/A
Risk Manalr 'r 0 N/A
Dept. Director
Chief I (QJ City Mount_ r
Page 1 of 1
Project Manager: Ed }-. , ,1
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DOCUMENT
City of Miami
Text File Report
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 05-00399
Enactment #: R-05-0290
version: 2
Tyt Resolution
Introduced; 4/25/05
Status: P-sra ti
Enactment Date: 5/12/05
Controlling Bod./: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AWARDING
JOB ORDER CONTR,'',CTS ("JOC") TO THE EIGHTEEN (18) LOWEST RESPONSIVE AND
RESPONSIBLE BIDDERS AS LISTED HEREIN TO CITY OF MIAMI, FLORIDA BID NO.
04-05-048, FOR CONTRACTS IN THE COMBINED TOTAL / .'4OUNT NOT TO EXCEED
$146,000,000, FOR AN INITIAL TERM OF UP TO TWENTY-FOUR MONTH. , WITH OPTIONS
TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS; ALLOCAT.;NG FUNDS FROM
VARIOUS CAPITAL PROJECT ACCOUNTS, AS MAY BE ADJUSTED FROM TIME TO TIME BY
THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS
ORD11 [ANCES, OR AS OTHERWISE ADJUSTED AS PERM]: TED BY LAI'/. AND AUTHORIZING
THE C' T Y MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE AWARDED CONTRACTORS FOR THIS PURPOSE.
WHEREAS, the Administration was authorizes July 29, 2004 pursuant to R-04-0516, amended by R-04-0699 and
R-04.0790, to implement a Job Order Contracting ("JC .") program by accessing the compatitiveiy 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 provider rrn fixed price t.r: multiplier for an indefinite
quantity 9f thousands of construction activities, upon which individual cc action assignments are made to selected
contractors for specific projects or jobs based on quantities derived from con ; construction drawings; and
WHEREAS, the need continues for the timely and cost effective procurement of maintenance and construction services
for capital projects, particularly for the expenditure of I- Jmcland Defense Neighborhood Impros Bond proceeds, first
series; and
WHEREAS, the Administration issued Bid No. 04-05-048 on April 13, 2005, for ner• y of Miami ("City") JOC
contracts for vertical (building) and horizontal (right-of-way) construction, and twenty-two ) bids were received on
April 13, 2005; and
WHEREAS, the City Mana far- and the Directo• c "the Department of Capital Improvemen_ • and Tram:
recommend that contracts be awarded to and execute: with the . ig :.n (18) lowest responsive and responsible bir'c: r . to
be utillzed for various capital projects; and
WHEREAS, contract and project manual provide that the initial cont erm and any subsequent option shall expire at
the end of the specified period of time or when Job Orders issued to the Cc rector reach the maximum compensation
City of Miami
Pape I Printed on 3/14/2007
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'4,T0) City of Miami
Project Manual
00600 CONTRACT
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami, a political
subdivision of the State of Flori: ;I, herein -filer ;;ferred to as CITY, and
hereinafter referred
to as CONTRACTOR.
WIT E S S E T H, that CC ` "RACTOR : •.d CITY, for the
considerations hereinafter named, agree as follows:
1
The Scope of work under this Contract shall be deter^- fined by indlvid;ial Job
Orders issued hereunder. Upon receipt of a -'urchE:_ Order, the
CONTRACTOR shall furnishes all services to support individual Job Orders,
shop drawings, samples, management, documentation, materials, supplies,
parts (to included system componen tip), transportation, plant, supervision,
tabor and equipment needed to perc:rm the work at designated CITY
properties.
ARTICLE 2
CONTRACT TIME
2,1. CONT'ZACTOR shall be instructed to commence the Work by written
instructions in the form c Purchase 0' ' . The initial term of the twenty (24)
months of the contract .- ,all commence on the date of the Contract, The
maximum contract time if all three (1) year options are exert=n•^ri Is no more
than five (5) gears or wh:n the maximur value of the contract is reached.
2.1.1. 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 Ord._-r.
2,2. Time is of the essence throughout this Contract. Job Orders
substantially completed withi-- the specified calendar days listed on each
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Purchas ~s, and completed and ready for final payment in
accordance with Artic. , within the time specified on each Purchase Order.
ARTICLE 3
T CONTRACT SUM AND ADJUSTMENT FACTORS
3.1. CITY shall pay to CONTRACTOR for the performance of the Work described
in the Con., ict Documents. The contract is an indefinite -quantity contract
with no minimum values. The maxim: m amount that may be ordered under
the Horizontal A contract is ten million ($10,000,000) for the initial term and
five million ($5,000,000) for the option terms. The overall maximum value for
the Horizontal A contract is twenty five million ($25,000,000).
The maximun-..,mou:;t that may b= ordered u .:er the Vertical A contract is
ten ($10,000,000) for the initial term ^d five million ($5,000,000) for the
option terms. The overall maximum value for the Vertical A contact Is twenty
five million ($25,000,000).
The maximum amount that may be ordered under t . Vertical B contract 4
million ($4,000,000) for the initial term and two million ($2,000,000) for tee
optior terms. The overall maximum value for Vertical B contract Is ten million
($10,000,000).
The maximum amount that may be ordered under the Vertical C contract s 2
million ($2,000,000) for the initial term and one million ($1,000,000) for the
option terms. The overall maximum vel Je for Vertical C contract is five million
($5,000,000).
3.2. Payment shall be a: :i_ amp sum price stated in the Purchase Order for each
Job Order. This price shall be full compensation for all costs, including
overhead and pro-1, associated with. completion of all the work in full
confc- pity with the requirements as stated or shown, or both, in the Contract
Documents using the following adjust .nt factors:
3,2.1. Norma: Working Hours Constructic. : Contractor shall perform any or
all it. notions called for in the :ontract Documents and the individual
project Detailed Scope of W . ?k, sch' uled during normal working
hours in the quantities specified in individu Job Orders against this
contract for tht unit price sL m specified in the Construction Task
Catalog7M (CTC multiplied ti►7 , the adjustment factor of:
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3.2.2. Other Than Norma) Working Hour Construction: Contractor shall
perform any or all functions called f r 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 air or all functions called for in the Contract
Documents and the individual project Detailed Scope of Work,
scheduled during norma ' .orking ►.ours in the quantities specified in.
individual .:oh Orders against th contract for the unit price sum
specified in the Construction Tas CatalogTM (CTC) multiplied times
t:. adjustment factor of:
3.2.4. Other Than Nc• real We <ing Hours Construction using Davis Bacon
Wages: Contractor s`, perform any or all furctions called for in the
Contract Documents and the individual project Detailed Scope of
Work, scheduled during other than normal working hours in the
quantities specifies:' 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:
ARTICLE 4
PROGRESS PAYMENTS
4.1. For Job Orders of duration of 45 days or le ,, the City " it, make , one final
payment. For Job Orders of duration of more than , J days the contractor
may make Application for Payment for we r, completed during the Project at
intervals of not rrore than once a month. Contractor's application shall show
a complete brew':down of the Project co Iponents, 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 as required by the Contract Documents and a
release of liens and consent of surety relative to the work which is the subject
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of the Tpplication. Each Application for Payment shall be submitted in
triplicate to C;. i `f for approval. CITY shall make pay ? ent to contractor within
thirty (30) days after approval by CITY of contractor': Application for Payment
and submission of an ac ptable updated progress schedule.
4.2. Ten p3rcer r %) of a: monies earned by contractor shall be retained by
CITY until Final Completion and accL stance by CITY in accordance wi'
Article 5 hereof, except :::t after ninety percent (90%) of the Work has been
completed, the Contract Administrator may reduc=: the retainage to five
percent (5%) all monies previously earned and all monies earned
thereafter. Any reduction in retainage shall be i , the sole discretion of the
Contract Administrator; shall be recommended by CITY and CONTRACTOR
shall have no entitlement to a reduction. Any inter:.st earned on retainage
shall ac'.,. ue to the benefit of CITY. All requests for retainage reduction sha '
be in writing in a separate stand alone d .cument.
4.3. CITY may withhold, in whole or in part, payment to such extent as may
necessary to protect itself from loss on -:count 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.
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 dame gcs a ?d costs incurred by CITY for extended
construction administraa:m.
4.3.6 Failure of CONTRACTOR to provide any and all documents required
by the Contract Docum . it.t
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ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1. Upon receipt of written not :e from contractor that the ) Order ready for
final inspection and acceptance, Ch' and or Program Manager shall, within
ten (10) calendar days, :.ake an inspection thereof. If Contract Administrator
find the Work acceptabi< the re auisite do ;uments have been submitted and
the requirements of the Jontrac`1 Documer is fully satis!::d, and all conditions
of the permits and regulatory agencies hi: fe been met, a Final Certificate of
Payment (Form 00926) shall be issued b CITY and or Program Manac•-� •,
over its signature, stating th2t tle requirements of the Contract Documer;..;
have been performed and the Work is ready for accept-nce under the terms
and conditions thereof.
5.2. Before issuance of the Final Certificate for Payment, contractor shall deliver
to the CITY a complete sole{ase of all liens arising out of this Contract, receipts
in full in huu thereof; an affidavit certifying tha¢; all suppliers and
subcontractors have been paid in full and that di other indebtedness
connected with the Work has been paid, a consei+ of the surety to final
payment; the / gal corrected as -built drawings; and invoice.
5.3. If, after the Work has been substantially completed, full completion thereof is
materially deli;d through no fault of contractor, and the CITY so certifies,
CITY shall, upon certificate of the CITY, and without ter -:nating the Contrr}ci;
make payment of the balarrce due for that portion of the Work fully completed
and accept- J. 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 atti• t`-e CITY Manager or his designee
has reviewed a written •_valuation of the I .:rformance of contractor pre^<: rer,.'
by the Contract Admin s? ator, E nd approved the final payment. i'he
acceptEnce of final paym< nt sh4'; constitute a waiver of all claims by
contractor, except those Nrcviously mi. '.e in strict accordance with the
prov:ions of the General Conditions and identified by contractor as unsettled
at the time of the application for final pa! m
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ARTICLE
MISCELLAN )US
6.1. This Contract is part of, and incorporated in, the :ontract Documents
defined herein. Accordingly, all of the documents incnorated by the Contract
Documents shall govern this Project.
6,2, Where there is a conflict betwee; l .rovision set forth within the Contract
Documents and a more stringent state or federal pro.; sion which is applicable
to this Project, the more stringent stE federal pro , sion shall prevail.
6.3. Public Entity Crimes:
6.3.1. In accordance with the Public Crimes Act, Section 287.133, Florida
Statutes, a person or affiliate who is a contractor, consultant or other
;wid( r, who has been placed on the convicted vendor list following
r, cony :lion for a pubc entity crime may not submit a bid on a
contract to provide any goods or services to the CITY, may not
• ibmit a bid on a contract with the CITY for the construction or repair
a public building or public :°:sic, may not submit bids on leases of
.al property to the CITY, may not be awe rded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract
with the CITY, and may not transact any business with :` CITY in
excess of the t... 9hold amou. t provided in Section 287.017, Florida
Statutes, for category two purr. lases for a period of 36 months from
the date of heir. :1 placed on the convicted vendor list. Violation of this
section by Contractor shall result in cancellation of the C"Y
purchase and may result in Contractor det -meet.
6.4. independent Contractor:
6.4.1. Contractor is an independ it contract( under this Contract.
Services provided by Contrac :or pursuant to this Contrac shall be
subject to the supervision of (;ontractor. In providing such services,
neither Contractor nor its ac : Its shall act as officers, employees, or
agents of the CI` Y. This Co-,ract shall n a constitute or make 1,
parties a partner;hip or joint venture.
6.5. Third Party Beneficiaries:
6.5.1. Neither Contractor r G ir. and to directly or substantially benefit
a third party by this Contract. Therefore, t ._3 parties agree that there
are no third par! 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
March 2005
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intent to create any rights or obligations in any third person or entity
under this Contract.
6.6. Notices:
6.6.1. Whenever either party desires to give notice to 'he other, such notice
must be in writing, sent by certified United _ates Mall, postage
prepaid, return receipt r quested, or by ' and-d very with a request
for a written receipt of acknowledgment of delivery, addressed to the
party for v..hom it is tended at the place last specified. The place for
giving notice shal : 3main the sat- a as set forth herein until changed
in writing in the manner r .ovided : i this section. For the present, the
parties designate the followinf
For City:
Ms, Mary H. Conway, P
Director of Transportation/C 3pital Improvements
Office of Th:;';, Manager
4444 S.W. 2nd Avenue 10 h Floor
City of Miami 33130
For Contractor:
6.7. Assignment and ,erforrnance:
6.7,1. Neither this Contract nor any i iterest herein shall be assigned,
transferred, or enc: imbered by either party. In addition, Contractor
shall not subcontract any portion the work required by this Contract
:,except as authori4 .d by Section 27 of the General Conditions.
Contractor reprezt=:nts that all persons delivering the services
required by this Contract have tie knowledge and skills, either by
training, experience, education or a combination thereof, tc
adequately and competer, y perform the duties, obligations, a. -
services set forth in the Scope of Wot and to provide and perform
such services to City's satisfaction for the agreed compensation.
6.7.2. Contractor shall ? rforr►-, 'ts duties, obligations, and services under
this Contract ;- a skillfu and respectable r ' nner. The quality of
Contractor's performance and all interim and final product(s) provided
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to or on behalf of City shall b comparable to the best local and
national standards.
6.8 Materiality and Waiver of Breach:
6.8.1. City and Contractor agree that each requirement, duty, and obligation
set forth in these Contract Documer': _, substantial and important to
the formation of this Contract and, therefore, is a material term
hereof.
6.8.2. City's failu; to "force any 1 -ovision of tl.: Contract shall not be
deemed a waiver of such pro" ,;on or mod cation of this Contract. A
waiver of any breach of a provision of tr is Contract shall not be
deemed a waiver of any subsequent breach and shall not be
construed to b n modification of the terms of this Contract.
6.9. Severance:
6.9.1. In the event a pc:rtion of this Contract found by a court of
competent jurisdic:;on to ae invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate
this Contract. A. el: ction to terminate this :ontract based upon this
provision shall be made within seven (7) days after the finding by the
court becomes final.
6.10. Applicable Law and '.venue:
6.10.1. Th Contract shall be enforceable in Mir.• .I -Dade County, Florida,
-d if legal action necess,::.. / by either party with respect to the
enforcement of any or all of th:- terms or conditions herein exclusive
venue for the enforcerr ant of same shall lie In Miami -Dade Coun,; ,
Florida. By entering Into this Contract, CCNTRACTQ. and CITY
hereby expressly waive any rights either party may hp`::_: to
trial by Jury f. to file permissive counterclaims any civil
litigation relate:. to or 'sing out of the Protect. C i':°-'..AG
shall spec!. ca b:nd all si'.-contractors to the provisions
this Corgi:.
6.11 Amendments:
6.11.1. 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 Board and Contractor.
6.12 Prior Agreements:
6.12.1. This docun _ ,. Inc porates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings
March 2005
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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 shal' be effective unless set forth in
writing in accordance with Section 6.11 above.
IN WITNESS WHEREOF, e parties have set their hands and seals the day
and year first above written.
ATTEST: THE CITY OF MIAMI
City Clerk City Manager
insurance -Approved:
Risk -Manager
Approved as To Legal Form:
City Attorney
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW.
USE CORPORATION OR NON -CORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
Page 70 City of Miami
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ATTEST:
(Secretary)
Corporate Seal)
[if not incorporated sign bet_,v,
WITNESSES;
CONTRACTOR
Name of Corporation)
By
(Signs:: ire and Title)
(Type Name/Title Signed Above)
day of , 20
CON`RACTOR
By
'Name)
;Signature)
(Type Name Signed Above)
day of , 20
CITY REQUIRES FIVE (5) FULLY-EXECJTED CONTRACT FOR DISTRIBUTION.
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00708 FORM CERTIFICATE OF INSURAP E
REQUIREMENTS FOR A CERTtF(CATE OF INSIv?,--„\ICE
1. Commercial Cneral Liability
Limits of Liability
Bodily Injury and Property Dama amiability
Combing': d Single Limit
Each Occurrence
$1,000,000
eneral Aggregate Limit $2,000,000
Products/Completeu Operations
Aggregate Limit per project
Personal and Advertising Injury
$2,000,000
$1,000,000
Endorsements Rec:a .ed
City of Miami in-] Jded :Js an Additional Insured
Products/Completed Operations -Coverage should be kept in force
for a p -lod of nc. less than 3 years from the date of which the
work was per orrned
Employees included as insured
Personal Injury
Broad Form Contra:',ual Liabli9h
Waiver of Sup:rogatic
Prem'^^:; and/cOperations
t.(plosion, pse Unc-rground Hazard
Loading and Unloadir
Mobile Equ`f ment kContractors Equipment) whether owned,
leased barrel , _d, or rented by the contractor or employees of the
contractor
2. Business Automobile Liability
Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto, Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
Any Auto, Including Hired, Borrowed or Non -Owned Autos
Endorsements Regr, - d
City of Mian1i ii eluded as Additional Insured
Employees included as insured
Waiver of Subrogation
Page 7272 City of Miami t‘ arch 205
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reach the maximum compensation pa. able for that period, WHICHEVER
OCCURS FIRST.
ARTICLE
THE CONTRACT SUM AND ADJUSTMENT FACTS ;:3
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 vi;: ues.
3.1.1. T maximum amoi it th•: may b. , ,warded under a Horizontal: A contract
is ten million doll& ($10,000,000) for the initial term and five million
dollars ($5,000,000) for any option term. 'ha. overall maximum value for
the Horizontal A contract is twenty-five million dollars ($25,000,000).
3.1.2. The maximum amount that may b,. rded under a Vertic ". contract is
ten million dollars ($' 0,000,000) for the initial term and five million dollars
($5,000,000) for any option term. The overll maximum value for the
Vertical A contract is twenty. 'lye million dollars '$25,000:000).
3.1,3. The maximum amount that may be awarded ur =<<?r a Vertical B contract is
foi million dollars ; ,000,000) for the initial 1 :m and two million dollars
($2,000,000) for an, option term. The overall maximum value for the
Vertical B contract is ten million dollars ($10,0U6,000).
3.1.4. The maximum amo_:,rt t may be awarded u:-r a Vertical C contract is
two million dollars ($2,000,000) for the initial and one million dollars
($1,000,000) for th option terms. The amaximum value for a
Vertical C contract ,z fig:: r illion dollars ($5,000,000).
3.2. Payment shall be at '.,IL i, rnp sum price stated in tF Purchase Order for
Job Order. This price shalt be full compensation for all costs, including overhead
and profit, associated with completion of all the we in full conformity vel,' the
requirements as stated or shown, or bo n, in the Contract Documents using the
following adjustment facto-:::
3.2.1. Normal Workinr; Hours Construction: Contractor shall perform any or all
functic is 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 gainst this contract for the
I lit 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 p'form
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
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this contract for the unit price sum specified in the Construction Task
Catalog TM (CTC) multiplied times the adjustment factor of:
3.2.3. Normal Working 1-• iurs Constru .tion using Davis Bacon Wages:
Contractor shall perform any or al functions called for in the Contract
Documents and the '."dividual project Detailed Scope of Work, scheduled
during normal workinc, Durs in the quantities specified in individual Job
Orders against this contract for the unit price sum specified in the
Construction Task C.:a :IogTM (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 . ,'d the indk. Jual project Detailed Sco of Work,
scheduled during otr er th- normal working hours in the quanti s
e led in individul Job Orders against this contract for the unit price
sum s >:ified in the Construction rak CatalogTM (CTC) multiplied times
th adjustment '_actor •'
ARTICLE 4. PROGRESS PAYMENTS
4.1, For Job Orders of duration 45 days or less, the City will make only one final
payment. For Job Orders duration of more than 45 days the contractor may
make Application for Payment for work completed during ae Project at intervals
of not rrore 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 m 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
as required by the Contrac Documents and a release of liens and consent of
surety relat J to the ;D- is the subject of the Application. Each
Application for Payment shall be submitted in triplicate to CITY for approval.
CITY shall make payment t : contractor within thirty (30) days after approval by
CITY of contractor's Application for Payr -pit and submission of an acceptable
updated progress schedule.
4.2. Ten percent (10%) of all monies earned , iy contractor shall be retained by CITY
until Final Completion and acceptance '1y CITY in accordance with Article 5
hereof, except that after ninety percent (t 0%) of the Work has been completed,
the Contract Administrator may reduce ti ' 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 Contr ict Administrator, shall be
recommended by CITY and CONTRACTOR shall have no entitlement to a
reduction. Any interest eared on retainage shall accrue to the berg .' of CITY.
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aty of Miami
00600 CONTRACT
CONTP '.:T
THIS IS A CON - RACT, by and betw .c:, the " y Miami, a municipal
corporation of the State c` orida, hereinafter referred to as CITY, and
hereinafter referred to as CONTRAC + CZ
WITNESSET F-, that CONTRACTOand 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 "11er aI Construction Work having a maximum
compensation payc'fle of $10,000,000 fc r the initial .arm of up to twenty-four
months and maximum compensation of 5,000,000 for any option term, and a
minimum pad —lent and performance bond requirement of $5,000,000
1.2. The Scope of work under this Contract shall be di,: ,;lined by individual Job
Orders issued hereunder. '._anon ceipt 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 p: ,it, supervision, labor and
equipment needed to perforr th, work at design' _.,d C'TY ^roperties.
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 ail three (1) year options are exercised is no r, rare than five (5) years or
when the maximum value of the contract reached.
2.1.3. Once the Contract is in place, Purchase Or,- rs I be issued for the
individual Job Orders. The t` ,he for completion of individual Job Orders will
be contain- in the Purchase Ord
2.2, Time is of the essence throughout this Contra Job Orders shall be
substantially cc Tnpleted within the spe >ified calenu:= r days listed on each
individual Pura. zise Orders, and comple and ready for final payment in
accordance 'th Article 5 within tie time specified on r ^ch Purchase Order.
2.3. The initial contract term and any subsL-�-u ant option ill expire at the end of the
specified 'erica of time OR when Jou Orders issu _d to the CONTRACTOR
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t
All requests for retainage reduc`Ion shall be in writing in a separate stand alone
document.
4.3. CITY may withhold, in whole or in part, payment such extent as may be
necessary to protect itself from loss on account of:
4.3.1. Defective work not ren. e J.
4.3.2. Claims filed or rep_ . nable evid :. ; indicating probable filing of claims by
other parties agair _ : CONTRAC -OR or C'Tv because of Contractor's
performance.
4.3.3. Failure of CONTRA R to make payments properly to Subcontractor:
or 'cr material or Jai: .:.
4.3.4. Damag;; to another :antractor not remedied.
4.3.5. Liquidated dame -es and costs incurred by CIT " for extereeed construction
ad, n,eistration.
4.3.6. Failure of CONTRe "R to provide any and all documents required by
the Contract Docum -nts.
ARTICLE S. 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 I ' inager shall, within ten (10)
calendar days, make an nspection thereof. If Contract Administrator find the
Work acceptable, ; ? requisite ,documents have been submitted and the
requirements of t,Contract Documents fully satisfi _d, and all conditions of the
permits an _' regulatory agencies have been met, a +nal Certificate of Payment
(Form 00926) shall be issued by CITY and or Program Manager, over its
signature, stating that the requirements of the Co, ract Documents have been
performed and the Work is rer.e_y for acceptance unr'._ - the te, ,s and conditions
thereof.
5.2. Before issuance c: ' the Final rtificate for Payment, CONTRACTOR shall
deliver to the CITY a complete release of all liens arising out of this Contract,
receipts in full in ►ieu thereof; an ,: 'davit certi`✓ing that all suppliers and
subcontractors have been paid in full and that all c:u,er indeetedness connec ?d
with the Work has been paid, an<_ a consent of the surety to final pays„eet; the
final corrected as -built drawings; and i voice.
5.3, If, alter the Work has been .eibstantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and the CITY so certl'Fies,
CITY shall, upon certificate of the CIT'r`, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully core>"h::ed
and accep"ed. Such payment shall b mrei,e under the terms and conditions
governing teal payment, except that it :.all not constitute a waiver of claims,
Page
Contract Page 4of 11
City of Mianni i`'; ='ch 2005
Revised April 2005
Project Manual
THIS DOCUMENT IS A SUBSTiTUTION
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a y of Miami
5.4. Final payment shall be mafi . only after , me CflT Manager or his designee has
reviewer a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and apprceied the final payment. The acceptance of
final payment shai' constitute a waiver of all claims by contractor, except those
previously made in strict accordance with the provisions of the General
Conditions and identified I. ;r::itractor as unsettled at the time of the applicelion
for final payment.
ARTICLE 6. INDEMNIFICAT ON
6.1. Contractor(s) shall indemnify, defend and hold harm,:: the City and its officials,
employees and agents (collec'rely re`, -red to as "'ndemnities") and each of
them from and against all 'ass, cost, penalties, fines, damages, claims, expenses
('including attorney's es) or liabilities (collectively referred to as "LiabilWee") by
reason of any injury to or death of any person or damage to or destruction or loss
of any property arising out of, resulting from, or in connection with: (i) the
performance or nr-pe-forrnance of the services contemplated by Lei Contract:
which is or is Leged to be directly or indirectly caused, in whole or in part, by
any act, omission, default or negligence (wheth- active or paeeive) of
Contractor(s) or its employees, agents, or subcontractors (collectively referred to
as "Contractor"), regardless of whether it is, or is a:` v ;? to , caused in whole
or part (whet-er joint, concurrent, or contributing) •>y any act, omission, default or
negligence (whether active or ssive) of the Indemnities, or any of them, or (ii)
the failure of the Contractor(s) to comply with a of the provisions in the
Contract or the failure of the Contractor'::) to conform to statLees, ordinances or
other reguieJons or require ments of any gover, :-r ental authority, federal or state,
in connection with ' le performance of the Contr. ;t. Contractor(s) expressly
agrees to indemnify and hold harmlete the Indemniti€. , or any of there, from and
against all liabil :ies which may be assert -d by an er >loyee or former employee
of Contractor, or any of its s.eucontractors, as prov'ded above, for which the
Contractor(s)'s liability to such employee or former emplc; ee would otherwise be
limited to payments under state Workers' Compensate- n or similar laws.
6.2. Contractor"s) further agrees to indemnify, defend and hold harmless the
Indemnities from and against: (i) any and all Liabilities imposed on account of the
violation of any law, ordinance, order, rule, regulatior. condition, or require meee
in any way related, directly or indirectly, to Contractor�s)'s r ->t+`ormance under the
Contract, compliance with which is left he/ the Conte -el to the Contractor, and (ii)
any and all claims, and/or suits for .abor and materials furnished by the
Contractor(s) or utilized in the perlorman of the Cc: tract or otherwv 3.
6.3. Where not specifically prohibited by law, Contractor(s) fuiti, it specifically agrees
to indemnify, defend and le Id harmless `-me Indemneeis from all claims and suits
for any liability, including, but not limited to, injury, death, or dam..eTe- to any
person or property whets,: ver, c-.esed by, a; i;ng from, incident to, connected
Page :ity of Miami March 2005
Contract Page 5of 11 Revised April 2005
Project Manual
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Ot:y of Miami
with or growing out of the performance or non-performance of the Contract %hich
is, or is alleged to be, cause in part (whether joint, concurrent or contributing) or
in whole by any act, omission, default, or ; .egligence (whether active or passive)
of the Indemnities. The foregoing indem- ty shall also include liability imposed
by any doctrine of strict liability, This Indemnification shall be interpreted
to comply with §725.06, Fla, Stat. and shall survive the cancellal:ion of this
Agreement.
ARTICLE 7. TERMINATION EY CITY
7.1, Termination for Cause:
7.1,1. If CONTRACTOR fa Is to begin the Work within . -on (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment ^ with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule, or if
CONTRACTOR shall fail to perform any material term set forth in the
Contrac Documents, or if CONTRACTOR shall become insoNvent or be
declared bankrupt, or core ,it any of of bankruptcy or insolvency, or shall
make an assignment for :ie bene't of creditor: , or from any other cause
whatscver shall not ca y on the Work in an acceptable manner, CITY
MAN ,GER or CG`.TRACT ADMINISTRATOR may give notice in writing
to CONTRACTOR and its Surety of such delay, neglect or def.,t,lt,
specifying the same. If CONTRACTOR, within a period of five (5)
calendar days after such notice, shall not proceed in accordance
therewith, the^ CITY may upon written certificate from Program Manager
o` the fact of such delay, neglect or default and CONTRACTOR's failure to
e omply with such notice, terminate the services of CONT,R ".CTOR,
exclude C . VTRAC. -OR `:om the Project site and take the prosecution of
the Work out of the hands of CONTRACTOR, and appropriate or use any
or all materials and equipment on the Project site as may be suitable and
acceptable. In suc . rase, CONTRACTOR shall not be entitled to receive
any further payment unt'' the Project is completed. In addition, CITY may
enter into an agreement for the completion of the Project according to the
tE ems and 'ovisions of the Contract Documents, or use such ot'lec
methods 'n CITY's sole opinion shall be required for the completion of
thy- Project according to the terms and provisions of the Contract
Documents, or use such other methods as in CITY's sole opinion shall be
required for the completion of the Project in an acceptable manner. All
damages, costs and charges incurred by CITY, together with the costs of
completer ; -a the Project, shall be deducted from any monies due or which
may become due to CONTRACTOR: In case the damages and expenses
so incurred by CITY shall exceed the unpaid balance, then
,:( "'TRACTOR shall be liable and shall pay to C. i Y the amount of said
excess.
Page City of Mlan
Contract Page 6of 11
March 2005
Revised April 2005
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JAW
Gi:y of Miami
7.1.2. f afi notice of t:: , I illation of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of 7ITY and CONTRACTOR shall be the _ re: as if
the riptide of termination had been issued pursuant to the Termination for
Convenience clause as set forth it Section 15.3 below.
7.2, Termination for Conven once: This :ontract may be terminated for
convenience in writing by CI T v upon ten (10' days written notice to
CONTRACTOR (delive . by c-)rtified mail, return rec..?t requested) of intent to
terminate and the date on wh "h such termination becomes effective. In such
case, CONTRACTOR shall be ;laid for al. ,.ork execv : d and expenses incurred
prior to termination in z;1dition to termination settlement cc-'. reasonably
incurred by CONTRACTOR relating to commitment:., which had become firm
prior to the termination. Payment shall inclu _ reasonable profit for
work/services satisfactorily performed. .o paymei t ?all be made for profit for
work/services which have not been performed.
7.3. Upon receipt of otice of Terminatio ..suant to Sections T'.1 or 7.2 above,
CONTRACTOR shall promptly discontinue all affected work unless the Notice of
Termination directs otherwise and deliver or otherwise make available to CITY all
data, drawings, specifications, reports, 3stimates, summaries and such other
informatio7, as may have beer required by the Contract Documents whether
completed or in r.rocess.
ARTICLE 8. MISCELLANEOUS
8,1. Construction of Agreement
This Contract is part of, and incorporated in, the Co►r ict Documents as defined
herein. Accordingly, all of the documer ';: incor crated by the Contract
Documents shr. , govern this Project.
8.2. Where there is a conflict '-ietween any provision sr . forth within the Contract
Documents and a more st: ngent state or federal provision which is applicable to
this Project, the more stringent s or federal provision shall prevail.
8,3. No Damages for Delay:
No claim for damages or oth than for an extension of time, shall be
made cs r asserted against CITY by a ion of any delays except as provided
herein. CONTRACTOR shall not be entitled to an in rease in the Contras: Price
or payment or compensation of arr., kind from CITY for dire:::, indirect,
consequential, impact or other costs, expenses or dame,c_i =a, including but not
limited to costs of acce eeation or inc:''Iciency, arising because of delay,
disruption, interference or hindr: ce from any cau:;e whatsoever, :',other 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 clan .ges by CONTRACTOR for
actual delays due sole!/ to fraud, bad `' `", or active interference on the part of
CITY and or Program 'ilanager. Otherwise, CC -.ACTOR shall be entitled
Page
Contract Page 7of 11
City of t.:: ml March 2005
Revised April 2005
Project Manual
THIS .DOCUMENT IS A SUBSTITUTION
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Oty of MiE7imi
only to extensions of the C7.-itract Time as the sole rid exclusive remedy for
such resulting delay, in accordance with and to the e tent specifically provided
above.
8.4. Public Entity Crimes:
In accordance with the Gu' c ,nes Act, Section 287.133, iorida Statutes, a
person or affiliate who is a - z ntractor, consultant or other provider, who has been
placed on the convicted vendor list follo; ig a conviction for a public entity crime
may not submit a bid on a contract to prop. ae 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 ::Jbmit bids on leases of real property to
the C!TY, may not be awarded or per ;orm work as a contractor, supplier,
subcontractor, or consultant under a c ntract with the CITY, and may not
transact any business with the CITY in excess of the threshold rmount provided
in Section 2L7.017, Florida Statutes, for 'tegory two ourcha . for a period of
36 months from the date of )eing placed on the cony ::ted vendor list. Violation
of this section by Contractc• shall result in canceilr,:on of the CITY purchase and
may result in Contractor debarment.
8.5. Indeper-,diJrt ;ontractor:
Contractor is an inc pendent contractor _ :.der this Contract. Services pro. ; ed
by CON. -HACTOR pursuant to this Contrz ct shall be subject to the supervision of
CONTRACTOR. In providing sue. servit s, neither Contractor nor its agents
shall act as offic 'rs, employees, or ager 3 of the CITY. This Contract shall not
constitute or rr, to the parties a partner +oi D or joint venture.
8.6. 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 snail be entitled to assert a
claim again::. either of them based upon this Contract. The parties expressly
acknowledge that is not tl::ir intent to create any rights or obligations in any
third person +: enti under 1 . Contract.
8.7. Notices:
Whenever either party desires to c,;JJ, nct ce to the other, such notice must be in
writing, sent by certi` ed United States M;,- I, postage prepaid, return receipt
requested, or by hand-donvery with a request for a written receipt of
acknowledgment oc delivery, addressee to the party for whom it is intended at the
place last specified. The r iu: a for giving notice shr:" remain the same as set
forth herein until chc7ged r 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 mpro4 ents
Office of The City Manager
Page City of Miami March 2005
Contract. Page 8of Rev,. d April 2005
Project Manual
THIS DOCUMENT IS A SUBSTITUTION
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CAN BE SEEN AT END OF THIS
DOCUMENT
D City of Miami
444 S.W. 2nd Avenue 10th Floor
City of Miami 33130
ith copies to:
City Attorney's Office
City of Miami
444 SW 2nd Avenue
City of Mia ni, Florida 33130
For Contracts
8.8. Assignrn.int and Performan:
8.8.1 Neither tris Contract nor any interest herein shall be assigned,
transf:rreu, Dr encumbered by either party. In addition, Contractor shall
not subcontract any r:.rtion of the work required ay this Contract exc.v p as
author -zed by Section 27 of the General Conditions. Contractor represents
that all persons deliverir 7 'he servi ,es required by this Contract have the
knowledge and skills, either by training, experience, education, or a
combination the::U, to adequately and compe ntly perform the duties,
obligations, and services set forth in the Scope c Work and to provide and
perform such ser ;.es to Cit;': sat'' `action for th agrsA compensation.
8.8.2. Contractor shall perfo -n 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.
8.9. Materiality and Waiver of Breach:
8.9.1. CITY and CONTRACTOR agree that each requirement, duty, and
obligation forth in these Cor :ract Documents is sublsk,ntial and
important to the formation of this Contract and, therefore, is a m4..urial
term hereof.
8.9.2. CITY's failure to enforce r rry provision of this Contract shall not be
deemed waiver of such provision or modification of this Contract. A
waiver of any breach of provision of this Contract shall not be deemed a
waiver of any subsequent breach and shall nut be construed to be a
modification of the terms o` this Contract.
8.10. Sever- nee:
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, tr .3 remaining provisions shall continue to be effective unless CITY
ter CoNTRA''TOR elects to terminate this Contract. An election to terminate this
Page City of Miami March 2005
Contract Page 9of 11 "rvised April 2005
Project Manual
"THIS DOCUMENT 1S A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL.
CAN BE SEEN AT END OF THIS
DOCUMENT
Oty of Miarrli
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes fir = ',
8.11. Applicable Law and Venue:
This Contract shall be enfu:_eable in Miami -Dade Co nty, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of
the terms or conditions hereiii exclusive venue for the enforcement of same shall
lie in Miami -Dade County, Florida, By enteric; - into this Contract,
CONTRACTOR ai,J CITY hereby exprr 3sly waive any rights either party
may have to a ' .'al by jury of any civil I ition related to, or arising out of
the Project. CONTRACTOR shall spec`` :a:Iiy bind all sub -contractors to t ±,n
provisions of th Contract. Each party shall bear its own costs for attorneys'
fees.
8,12. Amendments_
No modification, amendment, alteratioi tt -rr.:_, or conditions contii :; d
herein shall be effective un'ess contained in a written document prepared with
the same or similar formality as this Contract and exe.,ated by the City Manac,;
and CONTRACTOR.
6.13. Prior Aoreement•
This document incorporates ir.. udes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree .plat there are no commitments,
agreements ar understandings concerning the subject matter of this Contract that
are not contained in this docr -rent. Accordingly, the part:7'; agree that no
deviation from the `: n-as hereof sh II be prf-si _licated upon any prior
representations or agreements, whether oral or written, It is further agreed that
no modification, amendment or alteratic in the terms or conditions contained
herein shall be effective ;_ ess set for in writing i accordance with Section
6.11 above.
Page City of Miami
Contract Page 10of 11
March 2005
Revised April 2005
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL
CAN BE SEEN AT END OF THIS
DOCUMENT
IN WITNESS WHEREOF, the parties have set their hams and seals the day and
year first above written.
ATTEST: THE Ci"- ' OF MIAMI
City Clerk Mayor
CONTRACTOR F 1ST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NON -
CORPORATION FORMAT, AS APPLICABLE.
(I/incarporeled sign below.)
ATTEST:
(Secretary)
Corporate Seal)
[1/ not incorporated sign below.]
WITNESSES:
CONTRACTOI-
Name of vrpc r tion)
(Signati and Title)
(1zpe Name(T tie Signed Above)
day f , 20
CONTRACTOR
"Y REQUIRES TWO (2)
B
(Name)
(. jnature)
(Type ' <ame Signed Abn".
day of , 20
ECUTED CONTRACTS '-OR DISTRIBUTION.
0
>a±
7 0 :n
CD t-1
to
r ZC
Z�
^03
0
• -Y1J 5�50
City of Miami
Master Report
Enactment Number: R-05-0290
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00399
Version: 2
File Type: Resolution Status: Passed
Reference:
Controlling Body: Office of the City
Clerk
File Name: Award of Job Order Contracts JOC Introduced: 4/25/2005
Requester: Department of Capital Cost: Final Action: 5/12/2005
Improvement
Programs/Transportation
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 HEREIN TO CITY OF MIAMI, FLORIDA BID NO.
04-05-048, FOR CONTRACTS IN THE COMBINED TOTAL AMOUNT NOT TO EXCEED
46,000,000, 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
HE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS
ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW; ANT)
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH THE AWARDED CONTRACTORS FOR THIS PURPOSE.
Sponsors:
Notes:
Indexes:
Attachments: 05-00399-resolution.pdf,05-00399-exhibit.pdf,05-00399-summary form.pdf,05-00399-bid
tabulations.pdf,05-00399-pre resolution 1.pdf,05-00399-pre resolution2.pdf,05-00399-pre
resolution3.pdf,05-00399-City project manual.pdf,05-00399- Miami beach project
manual.pdf,05-00399-Revised Backup.pdf,05-00399-Handout.pdf,
History of Legislative File
Version: Acting Body:
Date: Action: Sent To:
Due Date: Return Date: Result:
1
2
2
2
2
Office of the City 5/3/2005
Attorney
City Commission 5/12/2005
Office of the Mayor 5/16/2005
Office of the City Clerk 5/17/2005
Office of the City 5/24/2005
Attorney
Action Note:
Reviewed and
Approved
ADOPTED WITH
MODIFICATIONS
Signed by the Mayor Office of the City
Clerk
Signed and Attested
by City Clerk
Reviewed and
Approved
MODIFICATIONS MADE BY LAW
Pass
City of Mtatni
Page 1 Printed on 7/3/2008
City of Miami
Legislation
Resolution: R-05-0290
City Hail
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Fite Number: 05-00399 Final Action Date: 5/12/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AWARDING JOB ORDER CONTRACT;' (' ,OC") .0 THE EIGHTEEN (18)
LOWEST RESPONSIVE A_ ,D RESPONSIBLE BIDDERS AS LISTED HEREIN TO
CITY OF MIAMI, FLORIDA BIC NL 04-05-048, FOR CONTRACTS IN THE
COMBINED TOTAL AMOUNT NCT 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 iilAY BE AD,' STED FROM TIME
TO TIME BY TF.E CITY COMMISSION IN THE AI INUAL
APPROPRIATIONS/CAP: -AL .MPROVEMENTS ORDINANCE: , CR AS
OTHERWISE ADJUSTED AS PERMITTED BY LAW; AND AUTHORIZING THE
,CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE AWARDED CONTRACTOR FOR THIS
PURPOSE.
WHEREAS, the Admini—ration ..as authorized on Jul 29, 2004 pursuant to R-04-0516, amended
by R-04-0699 and R-04-0790, to implemei :t a Job Order 'contracting ("JOC") program by accessing
the corrpetitively bid City Miami Beach JOC Contracts/Bid Nos. 12-03/04, 13-03/04 and 14-03/04
issued nn March 31, 2004; and
WHEREAS, under a ' JC construction program, all cc ltracts 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 speci` : projects or jobs based on
quantities derived from completed construction drawings; and
WHEREAS, the need continues for the timely and cc ` effective procurement of maintenance and
construction services for capital projects, particularly for m ie expenditu of Homeland Defense
Neighborhood Improvement Bond proceeds, first series; and
WHEREAS, the Administration issued '_ d No. 04-05- -)48 on April 3, 2005, for new City of Miami
("City") JOC contracts vertical (building) and horizontal (right-of-way) construction, and twenty-two
(22) bids were received on April 13, 2005; and
WHEREAS, the City Manager and the rector of the Department of Capital Improvements and
Transportation recommend that contracts De awarded to and execute' with the eighteen (18) lowest
3sponsive and responsible bidders to be utilized for various capital projects; and
WHEREAS, contract and project ma Jal 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
,ontractor reach the maximum compensation payable for that period, whichever occurs first;
NOW, THEREFORE, BE IT RESOLVED BY THE CC MMISSION THE C7TY OF MIAMI,
City of Miami
Page 1 of 3 Printed On: 7/3/2008
File Number: 05-00:, '9
FLORIDA:
Enactment Number: R-05-0290
Section 1. The • ecitals 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) iowest responsive and responsible bidders
to City 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 t24) 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
Acosta Tractors, Inc.
CW Construction, Inc.
FHP Techtronic Corporation
General Asphalt, Inc. .
Hewitt Kier Construction, Inc.
Metro Express, Inc.
Southeastern Engineering Contractors, Inc.
Tran Construction, Inc.
The Redland Company
APAC Group Inc.
VERTICAL CONSTRUCTION
GEC Associates, Inc.
F&L Construction, Inc.
H.A. Contracting Corporation
BMA Construction, Inc.
Carivon Construction Company
Unitech Builders Corporation
ANAL Construction, LLC
MAC Construction, Inc.
TOTAL AWARD INITIAL TERM
Maximum Compensation all Firms
CONTRACT
AWARDED
Horizontal A
Horizontal A
Horizontal A
Horizontal A
Horizontal A
Horizontal A
Horizontal A
Horizontal A
Horizontal A
Horizontal A
Vertical A
Vertical A
Vertical A
Vertical B
Vertical B
Vertical B
Vertical C
Vertical C
' Future awards subject to additional City Committion approval
INITIAL TERM FUTURE OPTION
PRESENT TERM AMOUNTS*
AWARD VALUE
$10,000,000
$10000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$10,000,000
$100,000,000
$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
$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
$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{1} to execute an Agreement, in substantially the
attached r...rm, ,.vith each of the contractors listed herein, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 2 of 3 Printed On: 7/3/2008
File Number: 05-00399
Enactment Number: R-05-0290
Footnotes :
{1'r —he F"- authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable sections of the City
Charter and Code.
{2} if tL : Mayor dces not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it as passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately uG override of the veto by the City Commission.
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL BACKUP ORIGINAL.
CAN BE SEEN AT END OF THIS
DOCUMENT
of Mic Page 3 of 3 Printed On: 7/3/2008
SUBSTITUTED
City of Miami
Legislation
Resolution
City Hell
3500 Pan American
Drive
Miami, FL 33133
www.cl.mlaml.fl.us
Fl1e Nudt rt 05-00399
A RESOLUTION OF THE MIAMI CiTY COMMISSION, WITH r'_TTACHMENT(S),
AWARDIt 'r'.a JOB ORDER CONTRACTS ("JOC") TO TH 7 SIX. =EN (16) LOWEST
RESPONSIVE AND RESPONSIBLE BIDDERS AS LISTi '3 HEREIN TO CiTY OF
MIAMI, FLORIDA BID NO. 04-05-048, FOR CONTRACTS IN THE COMP NED
TOTAL AMOUNT, NOT TO EXCEi7 $126,000,000, FOR AN I; ITIAL TERM OF UP
TO TWENTY-F(01 MONTHS, y':' TH OPTIONS TO EXTEND FOR THREE
ADDITIONAL ONE -FAR PERIODS; ALLOCt,iNG FUNDS FROM VARIOUS
CAPITAL PROJECT ACrCOUNTS, AS MAY BE ADJUSTED FROM TIME TO TIME
BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL
IMPROVEMENTS ORM. '.'CES, OR AS OTHERWISE ADJUSTED AS
PERMITTED BY LAW; ANC 11., r1ORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS, IN SUBSTA+::IALLY THE AT-',r3HED FORM, WITH THE
AWARDED CONTRACTORS Fbft THIS PURPOSE.
Final Action Date:
WHEREAS, the Adminlst:- :4- was authorl_',1 on July 29, 2004 pursuant to R-04-0518, an c ca. c;:1
by R-04-0699 and R-04-0790, to implement a Jo?; -'rder Contracting ("JOC") program by accessing
the ,competitively bid City of Miami Beach JOC Confer= ts/Bld Nos. 12-03/04, 13-03/04 and 14-03/04
Issued on March 31, 2004; and
WHEREAS, under a JOC const..: Ion program, all <:critrscts 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 1.: Rspecific protects or jobs based on
quantities derived from completed construe°'::a drawings; and
WHEREAS, the vJ continues for the timely and cost e ° ;Jrement of maintenance and
construction services for capital projects, particularly for the expenditL-a of Homeland Defense
Neighborhood improvement Bond proceeds, first series; and
WHEREAS, the Administration Issued Bid No. 04-05 - 3 on Lpril 13, 20)5, for r y City of tb += nl
("City") JOC contracts for vertical (building) and horizontal (right-of-way) co iis`kuction, and twenty-two
(22) bids were received on April 13, 2005; and
WHEREAS, the City Manager and if L rector of the Department of Capital Im . rovements and
Transportation recommend that contracts be awarded to end executed the sixtek:In (18) lowest
responsive and responsible bidders to be utilized for various capital projects; and
WHEREAS_ contract and project manual r 'f'dG that iae Initial contract term and any Sclbsectuent
option shall expire at the end of the specified period of time or when Job .)rders issued to the
Contractor reach the maximum compensation payable for that period, whichever occurs first;
NOW, THEREFORE, BE IT RESOLVED BY THE COMAISSION OF THE CITY OF
FLORIDA:
City of Miami' Page ] of 3
Printed On: S22005
Fir V=. -bar 05_0Oc+ ,
SUBSTITUTED
1. The recitals and findings contained In the Preamble to this Resolution are adopted by
ference and incorporated as if fully set forth in this section.
ect!on 2. Contracts are awarcj ;' tie sixteen (18) I t resv,- •:;,;ve and responsible bidders to
City B No. 04-05-048, identified herein, .'r a Order Contracting . vices for horizontal and very<caI
construdtion for a combined total amount not to exceed $126,000,000, for the initial term up to twenty-
four (24) nipnths, with options to extend for three eddli_ r jai one-year periods, with funds allocated from
various Card .1 Project accounts, as may be adjusted from time to time by the City Commission In the
Annual Appro)" :atlons/Capital Improvement orc lances, or as otherwise adjusted as permitted by law,
I :Ad Term
Present Award
Future
Term
HORIZONTAL CONS "UCTION
Acosta Tractors, Inc. $10,000,000 $5,t `.:rO,000
CW Construction, Inc. $10,000,000 $5,0011,000
General Asphalt, Inc. $10,000,000 $5,000,000
FHP Tachtronic Corporation $1 1,000,000 $5,000,000
Hewitt Kier Construction, Inc. $10,000,000 $5,000,000
Metro Express, Inc. $10,000,000 $5,000.000
Southeastern Engineering Contractors, c. $10,000,000 $5,000,000
Tran Construction, Inc. $10,000,000 $5,000,000
0,000,000
VERTICAL CONSTRUCTION
GEC Associates, Inc. $10..000,000 $6,000,000
F&L Construction, Inc. $10,800,000 $5,000,000
H.A. Contracting Corporation $10,0t70 000 $6,000,000
I MA Construction, Inc. t ,000,0 0 $2,t`::1,000
Cartvon Construction Company $4,000,C $2,000,000
Unitech Builders Corporation $4,000,000 $2,0(1 ! 000
AML Construction, LLC $2,000,000 11,000,000
MAC C;onstn • tlon, Inc. $2,000,000 $.1,000,000
$46,000,000
TOTAL AWARD INITIAL 'ERM, Maximum Compensation$126,00 000
" Future awards suiztoolto ad lillonaf CJty Conatiarkm approval
Section 3. The City Manager is authorized{1} to execute an Agreeme t, In substantially the
attached form, with _3ach of the contractors listed herein, for said purpose.
Section 4. This _ >: 1utlon shall become effective immediately upon its ado'Pion and mature of
the Mayor.{2}
APPROVED S TO FORM AND CORRECTNESS:/
Footnotsa
CJ� of MJae.J
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SUBSTITUTED
File !Venter: 05-00399
1) The herein authorS.:ation is further subject to compliance with all requir . .its that may be impose
the City Attorney, including but not limited to those prescrs,d by applicable sections of the City
Ch : er and Code.
{2} If th Mayor does not sign this Resolution, It shall become effective at the end of ten calendar days
from the . =te It was passed and adopted. if the Mayor vetoes this Resolution, it shall becc; ; effective
Immediate:` upon override of the veto by the City Commission.
C70, of Miami
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