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HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Emilio T. Gonzalez, Ph.D. DATE: February 26, 2018 FILE: City Manager FROM: Annie Perez, CPPO Procurement Director SUBJECT: Invitation for Bid (IFB) No. 13-14- 026 Dr. Martin Luther King Jr. Boulevard and Traffic Circles Maintenance Contract Third Option to Renew REFERENCES: IFB No. 13-14-026 Please be advised that the current Contract for IFB No, 13-14-026, Dr. Martin Luther King Jr. Boulevard and Traffic Circles Maintenance Contract, is expiring on April 29, 2018. The Department of Public Works intends to exercise the option to renew the existing Contract for an additional one (1) year period. This renewal represents the Third Option to Renew under said Contract. Your signature below will indicate approval .f" e same. Any q estions regarding this Contract may be directed to the Procurement Depa en at 305-416- 8 Approved: Emilio T. Gonzalez, Ph D. + Manager Date: 2 2y/ c: Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager, Chief of Operations Fernando Casamayor, Assistant City Manager, Chief Financial Officer Juvenal Santana, P.E., CFM, Director, Public Works Rafael Suarez -Rivas, Senior Assistant City Attorney, City Attorney's Office Lydia Osborne, Ph.D., CPPO, CPPB, Assistant Director/Chief Negotiator, Procurement Fernando V. Ponassi, MA Arch., MA PPA, LEEDeAP, Assistant Director, Procurement PR17392 Page 1 of 1 00600 CONTRACT By and Between CITY OF MIAMI And SFM, Services, Inc. (Bidder) This 'AGREEMENT (hereinafter "Agreement") , is made and entered into this day of /12/ r2015, but effective beginning ten (10) days after Notice to Proceed is issued by the Depart r> it'S. Director, in accordance with the Contract Term set forth below in Article 7 (the "Effective Date"), by and between the City of Miami, Florida, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 (the "City"); and SFM, Services, Inc., whose principal address is 9700 NW 79th Avenue, Hialeah Gardens, FL 33016, (the "Contractor"). WITNESSETH: WHEREAS, pursuant to Resolution No, 15-0010 „ adopted by the Miami City Commission on January 8, 2015, the City Commission accepted the competitive bid of SFM, Services, Inc. , to provide landscaping and irrigation maintenance to the City (the "Work"), and authorized the City Manager to enter into an agreement for the Work with the Contractor for a period of one (1) year, (365 calendar days), with up to four (4) additional one (1) year options to renew the term. The City Commission further authorized the City Manager or his Designee to execute said options to renew subject to the availability of funding and Contractor's performance. NOW, THEREFORE, in consideration of the foregoing recitals (all of which are adopted as an integral part of this Agreement), and the promises and covenants contained herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto mutually agree as follows: ARTICLE 1. SCOPE OF WORK: The Contractor shall furnish all labor, materials and equipment and perform all the work in the manner and form provided by this Agreement and the Contract Documents, attached hereto and made part hereof, for the Contract Term set forth in Article 7 below and for the project entitled: Dr. MLK Jr. BOULEVARD AND TRAFFIC CIRCLES MAINTENANCE CONTRACT, M-0109. Locations may be added or deleted by City Engineer. Any additions or deletions that materially affect the contract will be addressed by change order. ARTICLE 2. THE CONTRACT SUM: The City shall pay to the Contractor, for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions and based on unit prices (where applicable), all as provided in the Proposal attached hereto and other Contract Bid No. 13-14-026 Page 43 Documents attachedhereto, the annual sum not to exceed three hundred and eighteen thousand, six hundred and :sixty eight dollars and zero cents $318,668.00. The City Manager or his Designee, at their discretion, may exercise four (4) additional one (1) year options to renew and the funding shall be as follows: The first option to renew in the annual amount of $318,668.00 during Fiscal Year 2015-2016. The second option to renew in the annual amount of $318,668,00 during Fiscal Year 2016-2017, The third option to renew in the annual amount of $318,668.00 during Fiscal Year 2017-2018. The fourth and final option to renew in the annual amount of $318,668.00 during Fiscal Year 2018-2019. ARTICLE 3. PARTIAL AND FINAL PAYMENTS: In accordance with the provisions fully set forth in the "General Conditions" of the "Specifications" in the Proposal attached hereto, and subject to additions and deductions as provided, the City shall pay the Contractor as follows: (a) On or before "the 10th day of each calendar month, the City shall make partial payments to the Contractor on -the basis of the estimate of work performed by the Contractor during the preceding calendar month, duly certified and approved by the City's Project Manager. - -... (b) Upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the Specifications or by the Contractor have been furnished and are found acceptable by the City, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the City. ARTICLE 4. TIME OF COMPLETION: The Contractor shall commence the work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the Director of the Department of Public Works to begin work as noted in the Proposal, and shall fully complete the Contract Scope of Work in accordance with this Agreement and the Contract Documents within the number of calendar days as set forth in the Proposal. It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, and, in the event that the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each day thereafter, Sundays and holidays included, that the work remains uncompleted, the sum set forth in the General Conditions of the Specifications, as modified by Division 2 - Special Provisions, which sum represents the actual damage(s) which the City of Miami, Florida, will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, but will be the liquidated damage(s) that City will have sustained in event of such default by the Contractor. ARTICLE 5. ADDITIONAL BOND: It is further mutually agreed between the parties hereto, that if, at any time after the execution of this Agreement and the Performance Bond hereto attached and incorporated herein as Attachment "A", when required for its faithful performance, the City shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, in the opinion of the Engineer; such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at his expense, within five (5) days after receipt of notice from the Engineer so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until Bid No. 13-14-026 Page 44 such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the City.. ARTICLE 6. CONTRACT DOCUMENTS: All of the documents hereinafter listed form the Contract and they are as fully as part of the Contract as if attached to this Agreement, or repeated in this Agreement: ADVERTISEMENT FOR BIDS PROPOSAL BID BOND CONTRACT PAYMENT AND PERFORMANCE BOND MAINTENANCE PERFORMANCE BOND INSTRUCTIONS TO BIDDERS SPECIFICATIONS ADDENDA PLANS: N/A - As prepared by • C. 'Diaz -Torres Entitled: M-0109 ARTICLE 7. THE CONTRACT TERM: The original Contract Term is one (1) year (365 calendar days) effective ten (10) days after Notice to Proceed is issued by the Department's Director. The City has up to four (4) options to renew the tens of the contract, each for a period of one (1) year, subject to availability of funds and Contractor's performance. ARTICLE 8. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for project activities and is subject to amendment or termination due to lack of funds, reduction of funds, and/or change in regulations, upon thirty (30) days written notice. ARTICLE 9. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand - delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Eduardo Santamaria, P.E., CGC City of Miami Director of Public Works 444 SW 2"d Avenue, 8th Floor Miami, FL 33130 With copies to: Calitza Diaz -Torres, Contract Manager City of Miami Department of Public Works 444 SW 2"d Avenue, 8th Floor Miami, Florida 33130 For Contractor: Christian Infante, Vice President SFM Services, Inc. 9700 NW 79'h Avenue Hialeah Gardens, FL 33016 Bid No. 13-14-026 Page 45 ARTICLE 10. PUBLIC RECORDS REQUEST Pursuant to the provisions of § 119.0701 Fla. Stat. Contractor must comply with the Florida public records laws, specifidelly the Contractor must: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure -requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. ARTICLE 11, MATERIALITY AND WAIVER OF BREACH: (a) City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. (b) City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. ARTICLE 12. SEVERANCE: In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. ARTICLE 13. APPLICABLE LAW AND VENUE: This Contract shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury or to file permissive counterclaims in any civil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. Each party shall bear their own attomey's fees. Bid No. 13-14-026 Page 46 ARTICLE 14, AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City Manager and Contractor. ARTICLE 15:. PRIOR AGREEMENTS: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Article 13 above. IN WITNESS. -WHEREOF the parties hereto have executed this Agreement on the day and year first above written in five'(5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract*, WITNESS: (If Corporation, CONTRACTOR: attach Seal and Attest by Secretary) BY: Print Name: •3 cs Corporate Secretary (SEAL) ATTEST: City Clerk Party of the second part BY: Print Name � 1541n niLar Print Title L!4 lOrcs (Employer Tax I.D. Number) THE CITY OF MIAMI, FLORIDA, a municipal corporation, Party of the first part BY: Daniel J. City Manager 'BECAUSE CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH COUNTERPART AS ATTACI r .1ENT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OIL DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONTRACT TO DO SO ON ITS BEHALF. Bid No. 13-14-026 Page 47 RESOLUTION NO. 15-0010 APPROVED APPROV• P S TO REQUIRE EN JNl g G: Edu""'a antarnaria, P.E., CGC Director, Public Works APPROVED -AS TO FORM AND CORRECTNESS Victoria Mendez City Attorney Ann -Marie Risk Man RANCE Director Bid No. 13-14-G26 Page4S FIRST OPTION TO RENEW TO CONTRACT Between CITY OF MIAMI AND SFM SERVICES, INC. This First Option to the Contract ("First Option") is made and entered into this day of y1/44_9.4 2016, (but effective as of the date stated on the Notice to Proceed, "Effective Date") by and betwe- n the City of Miami, Florida, a municipal corporation of the State of Florida, whose principal address is 444 S.W. 2nd Avenue, 101h Floor, Miami, Florida 33130 ("the City") and SFM Services, Inc., a Florida corporation, whose principal address is 9700 NW 79th Street, Hialeah Gardens, Florida, 33016, (the "Contractor"). .2. WITNESSETH: WHEREAS, pursuant to Resolution No. R-15-0010, adopted by the Miami City Commission on January 08, 2015 (the "Authorizing Resolution"), the City Commission accepted the bid of SFM Services, Inc. (the "Contractor"), and entered into a Contract for "Dr. Martin Luther King Jr. Boulevard and Traffic Circles Maintenance Contract, M-0109" for a one (1) year period in an annual amount not to exceed Three Hundred and Eighteen Thousand Six Hundred and Sixty Eight dollars ($318,668.00); and WHEREAS, the Contract provided for up to four (4) additional one (1) year options to renew, in an annual amount not to exceed Three Hundred and Eighteen Thousand Six Hundred and Sixty Eight dollars ($318,668.00) for each such option year, subject to the availability of funding and Contractor's performance; and WHEREAS, the City Manager is exercising its First option to renew for a one (1) year term, and the Contractor is willing to provide the Services, under the same terms and conditions set forth in the Contract, in an annual amount not to exceed Three Hundred and Eighteen Thousand Six Hundred and Sixty Eight dollars ($318,668.00); NOW, THEREFORE, in consideration of the foregoing, and the promises and covenants contained herein the parties hereby amend the Contract as follows: 1. ARTICLE 2. CONTRACT SUM: Article 2 of the Contract is amended to exercise the First option to renew in an annual amount not to exceed Three Hundred and Eighteen Thousand Six Hundred and Sixty Eight dollars ($318,668.00) for Fiscal Year 2016. Should the City Manager decide to exercise the remaining option available, the annual amount will be as follows: The second option to renew in the annual amount not to exceed Three Hundred and Eighteen Thousand Six Hundred and Sixty Eight dollars ($318,668.00) during Fiscal Year 2017. The third option to renew in the annual amount not to exceed Three Hundred and Eighteen Thousand Six Hundred and Sixty Eight dollars ($318,668.00) during Fiscal Year 2018. The fourth and final option to renew in the annual amount not to exceed Three Hundred and Eighteen Thousand Six Hundred and Sixty Eight dollars ($318,668.00) during Fiscal Year 2019. 2. ARTICLE 7_ THE CONTRACT TERM: Article 7 of the Contract is amended to include the term for the First option to renew to be one (1) year beginning on the date stated an the Notice to Proceed, hereby incorporated by reference. 3, RECITALS, INCORPORATIONS, AND UPDATED REQUIREMENTS: The recitals are true and correct and are hereby incorporated into and made a part of this First option to renew. The City's Authorizing Resolution No. R-15-0010, the Contract and its Amendments, Notice to Proceed, and all attachments thereto are hereby incorporated, made a part of this First option to renew, and attached hereto as "Composite Exhibit A", including: the City's IFB and supporting documentation as Exhibit "A" to the original Contract. Contractor's updated insurance requirements, bonding requirements, and corporate authorization are hereby incorporated, made a part of this First option to renew and attached hereto as Composite Exhibit "B." This First option to renew, The Contract and its Amendments, including all Exhibits hereto shall collectively form the agreement between the parties. 4.--CONTRACT TERMS: Except as specifically - modified herein, --all -terms and conditions, representations, warranties, and covenants of the Contract remain unchanged and in full force and effect. 5. PUBLIC RECORDS REQUEST: Pursuant to the provisions of § 119.0701 Fla. Stat, Contractor must comply with the Florida public records laws, specifically the Contractor must: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law, (d) Meet all requirements for retaining public records and transfer, at no cost, to the agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. IN WITNESS WHEREOF the parties hereto have executed this First Option to renew en the day and date of first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract.* WITNESS: (if Corporation, attach Seal and Attest by Secretary) BY: Print Name: Corporate Secre (SEAL) Todd B. Hannon, City Clerk APPROVED AS TQ ENGINEERIN Eduardo aria, .E., CGC Director, Public Works APPROVED AS/TO FORM AND CORRECTNESS tz" / Vi,ofOria Mendez, City,Attorney i/' } r RESOLUTIOIO. 15-0010 CONTRACTOR: SFM Services, Inc. A Florida Corporation BY: Print N Print Title; (Employer' ax I.D. Number) THE CITY OF MIAMI, FLORIDA, A municipal corporation, APPROVED AS TO REQUIREMENTS: Ann -Mari- harpe, Director, -Risk Management *BECAUS`E CONTRACTOR IS A CORPORATION, THERE SHALL BE ATTACHED TO EACH COUNTERPART AS EXHIBIT "B" A CERTIFIED COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CORPORATION, AUTHORIZING THE OFFICER WHO SIGNS THE CONTRACT TO DO SO ON ITS BEHALF, Corporate Resolution WHEREAS, SPA SE 1Ce ,q) _N4.C, desires to enter into a First option to renew and Extension ("First Option") to the Contract for "Dr. Martin Luther King Jr. Boulevard and Traffic Circles Maintenance Contract, M-0109" (the "Contract") with the City of Miami for the purposes of amending, and extending the Contract for performing the work as described in the First option to renew and 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; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the Re -St (type title of officer) --- (type name of officer) , is hereby authorized and instructed to enter into First option to renew to the Contract, in the name and on behalf of this corporation, with City of Miami upon the terms and conditions contained in the proposed First option to renew to the Contract to which this resolution is attached, to update the insurance requirements, and to execute the corresponding performance bond, Dated this day of f ructr , 20 t ( . Chairp Corporate S e Board of Directors (Corporate Seal) CONTINUATION CERTIFICATE Bond No. K09178533 issued by Westchester Fire Insurance Company in the amount of $318,668.00 on behalf of SFM Services, Inc. in favor of City of Miami, FL is hereby continued in force from (01/30/2016 - 01/30/2017) subject to all the covenants and conditions thereof. This continuation is executed upon the express condition that the surety's liability under said bond and this and all continuations hereof will not be cumulative and will in no event exceed the sum of $318,668.00. IN WITNESS WHEREOF, the Westchester Fire Insurance Company has caused the certificate to be executed by its Attorney -In -Fact this 9th day of February, 2016 Westcheste/'tre Insurance Company on Harris, Attorney -In -Fact Countersigned at Miami, Florida this 9th day of February, 201E Bu r on Harris, Florida Resident Agent #A111883 WESTCHES TER F E INS R Know 1. men b .these prents That +. 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