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11-04-03CITY COMMISSION AGENDA City Commission Meeting Meeting date: November 4, 2003 6130 Sunset Drive, South Miami, FL Next Regular Meeting Date: November 18, 2003 Phone: (305) 663 -6340 Time: '7:30 PM City of South Miami Ordinance No. 10 -00 -1712 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $125.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection X. of professional consultants, and virtually all- legislative, quasi- judicial and administrative action. It does not apply to not- for - profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions. CALL TO ORDER: A. Roll Call; B. Invocation: C. Pledge of Allegiance: D. Presentation(s) 7:00 p.m. ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. Approval of Minutes Oct. 7, 2003 2. City Manager's Report a) Discussion pertaining to improving the format for the public remarks portion of the City Commission meetings; REGULAR CITY COMMISSION 1 AGENDA - November 4, 2003 b) Introduction of of Building, Development, Mr. 3. City Attorney's Report the new Executive Director Zoning and Community Michael Sprovero. PUBLIC REMARKS (5- minute limit) CONSENT 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY, OF SOUTH MIAMI, FLORIDA, RELATING TO ATTORNEYS' FEES; APPROVING PAYMENT OF ATTORNEYS' FEES FOR KURZBAN KURZBAN WEINGER & TETZELI, P.A. IN THE AMOUNT OF $976.31; CHARGING $976.31 TO ACCOUNT NO. 1500 -514- 3450, OTHER CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE DATE 3/5 (A RESOLUTION APPROVING PAYMENT OF ATTORNEYS' ,FEES FOR JURZBAN KURZBAN WEINGER & TETZELI, P.A. IN THE OF $976.33) (City Attorney) 5. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH T.J. PAVEMENT CORP. FOR BOAT LAUNCH RAMP (SW 65TH AVENUE & SW 68TH STREET) IN AN AMOUNT OF $14,500 TO BE CHARGED TO STORM WATER TRUST FUND, CONTRACTUAL SERVICES AND STREET & LANDSCAPING ACCOUNT NUMBERS 111 -1730- 541 -3450 & 001 - 1730 - 541 -4640; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T.J. PAVEMENT CORP. FOR A BOAT LAUNCH RAMP (SW 65TH AVE & SW 68TH ST) IN AN AMOUNT OF $14,500) (City Manager) 6. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH T.J. PAVEMENT CORP. FOR CHURCH STREET IMPROVEMENTS — PHASE I CONSTRUCTION IN AN AMOUNT OF $123,232.50 TO BE CHARGED TO MIAMI -DADE- COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT GRANT ACCOUNT NUMBER 001- 0000- 115 -7044; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T.J. PAVEMENT CORP. FOR CHURCH STREET IMPROVEMENTS - PHASE I CONSTRUCTION IN AN AMOUNT OF $123,232.50) (City Manager) REGULAR CITY COMMISSION, 2 AGENDA - November 4, 2003 7. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. (SFRC &D) FOR 'PROFESSIONAL ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, TO INCLUDE, CANAL SEDIMENT TESTING, DESIGN, PREPARATION OF CONSTRUCTION PLANS, BIDDING AND CONSTRUCTION PHASE; MANAGEMENT SERVICES FOR THE BROAD CANAL IMPROVEMENTS (FEMA's PROJECT NUMBERS 724 -0 & 725 -0 DISASTER # 1345, P.A. ID 025- 67550 -00) IN AN AMOUNT OF $165,000.00 TO BE CHARGED TO ,FLORIDA EMERGENCY MANAGEMENT AGENCY '(FEMA)- DISASTER NUMBER 1345 AND RELIEF FUNDING, ACCOUNT NUMBERS 110 -0000- 132 -2071 AND 110- 0000 -132- 2072 PROVIDING FOR AN EFFECTIVE DATE. (A RESOLUTION- AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER IN AN AMOUNT OF $165,000 TO SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, TO INCLUDE, CANAL SEDIMENT TESTING, DESIGN, PREPARATION OF CONSTRUCTION PLANS, BIDDING AND CONSTRUCTION PHASE MANAGEMENT SERVICES FOR THE BROAD CANAL IMPROVEMENTS). 3/5 (City Manager) 8. A- RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH. MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS REPAIRS,'_ AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH T J PAVEMENT CORP.'' FOR AN AMOUNT OF $10,000 AND WITH DISBURSEMENT TO COME FROM LOCAL 'OPTION GAS TAX TRUST FUND ACCOUNT NUMBER 112- 1730- 541 - 4640; PROVIDING AN EFFECTIVE DATE. (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH T J PAVEMENT CORP. FOR SIDEWALKS REPAIRS IN AN AMOUNT OF $10,000 FOR SIDEWALKS REPAIRS). 3/5 (City Manager) 9. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA', RELATING TO THE CONTRACT CONCERNING SW 64TH STREET & SW 59TH PLACE MEDIAN LANDSCAPING IMPROVEMENTS AND MAINTENANCE SERVICES, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH U.S.' LAWNS FOR AN AMOUNT' OF $9,,695 AND WITH DISBURSEMENT TO COME FROM PUBLIC WORKS DEPARTMENT ACCOUNT NUMBERS 001 -1730- 541 -4625 AND 001-1730 - 541 -3450; PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH U.S. LAWNS TO MAINTAIN SW. 64' ST AND SW 59' PL MEDIAN LANDSCAPING IMPROVEMENTS IN AN AMOUNT OF $9,695). (City Manager) REGULAR CITY COMMISSION 3 AGENDA - November 4, 2003 10.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI`, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TWO AUTOMATED SIDELOADING 'GARBAGE TRUCKS TO BE PURCHASED FROM GENERAL GMC TRUCK SALES AND SERVICES, INC., IN AN AMOUNT OF $310,766 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT LEASE" PURCHASE TRUCKS ACCOUNT NUMBER 001- 1720 -534- 4455; PROVIDING FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO AUTOMATED SIDELOADING GARBAGE TRUCKS IN AN AMOUNT OF $310,766). (City Manager) 11. A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF ,THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISBURSE AN AMOUNT NOT TO EXCEED $13,200 FROM THE FEDERAL FORFEITURE- LEASE /PURCHASE POLICE VEHICLES ACCOUNT #615 -191- 521 -4450, FOR VEHICLES USED IN SPECIAL OPERATIONS AND INVESTIGATIONS BY THE POLICE DEPARTMENT AND PROVIDE FOR AN EFFECTIVE DATE 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE AN AMOUNT NOT TO EXCEED $13,200 FOR VEHICLES USED IN SPECIAL OPERATIONS AND INVESTIGATIONS. BY THE POLICE DEPT.) (City ;Manager) 12. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $8,943.00 FROM CONTRACTUAL SERVICES ACCOUNT NUMBER 001- 1910 - 521 -3450 TO AETHER SYSTEMS INC., FOR THE RENEWAL OF THE 1,2003/2004 SUPPORT /MAINTENANCE AGREEMENT, FOR THE POLICE DEPARTMENT AND PROVIDE FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION 'AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM OF $8,943 TO AETHER SYSTEMS ` INC`. FOR THE RENEWAL OF THE 2003104 SUPPORT /MAINTENANCE AGREEMENT FOR THE POLICE DEPT.) (City Manager) 13.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $7,992.16 FROM OPERATING EQUIPMENT ACCOUNT NUMBER 001 - 1910 -521- 6430 TO DELL COMPUTER CORPORATION, FOR THE PURCHASE OF ONE (1) SERVER AND COMPUTER ACCESSORIES FOR THE POLICE DEPARTMENT AND PROVIDE FOR AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISBURSE THE SUM NOT TO EXCEED $7,992.16 TO DELL COMPUTER CORP. FOR THE PURCHASE OF ONE SERVER AND COMPUTER ACCESSORIES FROM FOR THE POLICE DEPT.) REGULAR CITY COMMISSION 4 AGENDA - November 4, 2003 (City Manager) 14.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING) SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $42,000.00 FOR THE FIRM OF GOMEZ BARKER AND ASSOCIATES; FROM ACCOUNT NUMBER, 001- 1315 - 513 -3450, CONTRACTUAL SERVICES. 3/5 (A RESOLUTION APPROVING - FUNDING IN AN AMOUNT NOT TO EXCEED $42,000 FOR LOBBYING SERVICES, FOR THE FIRM OF GOMEZ BARKER AND ASSOC.) (City Manager) ORDINANCE (S) SECOND READING PUBLIC HEARING (S) 15.AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE SCHEDULE AMENDING ORDINANCE 14 -90 -1454 AS AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95- 1583, 18 -99- 1692,`28 -00- 1730, 32 -01 -1763, AND 14 -02 -1782 IN ORDER TO ADJUST THE FEE FOR RESTAURANT OUTDOOR SEATING, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (City Manager) 16.AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE AMENDING SECTION 11 -21 (C) ; AND 11 -23 (A) OF THE CODE OF ORDINANCES ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION" AND "REFUSE COLLECTION FEE SCHEDULE" RESPECTIVELY, AMENDING SPECIAL PICK -UP SERVICES FOR BULK TRASH; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE'. 3/5 (City Manager) RESOLUTION (S) /PUBLIC HEARING (S) None RESOLUTION (S) 17. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, DIRECTING THE CITY MANAGER TO ISSUE NOTICES TO RESIDENTS' ABOUT TREE TRIMMING IN THE CITY SWALES; PROVIDING FOR AN EFFECTIVE DATE. 3/5 REGULAR CITY COMMISSION 5 AGENDA - November 4, 2003 (A RESOLUTION DIRECTING THE CITY MANAGER TO ISSUE NOTICES TO RESIDENTS ABOUT TREE TRIMMING IN CITY SWALES) (Mayor Feliu) 18. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, IMPLEMENTING PROVISIONS OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY APPROVING A PARKING LOT LEASE BETWEEN BMS CORPORATION AND WACHOVIA BANK WHEREBY WACHOVIA BANK WILL PROVIDE SIX PARKING SPACES TO BMS CORPORATION IN ORDER TO SATISFY REQUIRED PARKING FOR A USE LOCATED AT 5820 SW 40th STREET; AND PROVIDING AN EFFECTIVE DATE;. 3/5 (A RESOLUTION APPROVING A PARKING LOT LEASE BETWEEN BMS CORP. AND WACHOVIA BANK TO PROVIDE SIX PARKING SPACES TO BMS CORP. TO SATISFY REQUIRED PARKING)` (City Manager) 19. A RESOLUTION OF THE 'MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ADKINS'AND ASSOCIATES, INC. TO DEVELOP AND FACILITATE PROPER COMMUNICATION FOR ANNEXATION EFFORTS IN AN AMOUNT NOT TO EXCEED $10,000, PROVIDING AN EFFECTIVE DATE. 3/5 (A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ADKINS AND ASSOC. RELATING TO ANNEXATION IN AN AMOUNT NOT TO EXCEED $10,000) (City Manager) ORDINANCE (S) 'FIRST READING (S) 20. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 2004 GENERAL ELECTION OF THE MAYOR AND CITY COMMISSIONERS FOR GROUPS II` AND III; SCHEDULING THE DAY, PLACE AND TIME, OF THE ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Mayor Feliu) 21 AN ORDINANCE - OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,' RELATING TO ELECTIONS; CREATING ELECTION FORUM; PROVIDING' GUIDELINES; PROVIDING FOR SEVERABILITY, ORDINANCE -S IN CONFLICT, AND AN EFFECTIVE DATE. (Deferred 10 /21/03) 3/5 (Commissioner McCrea) REGULAR CITY COMMISSION 6 AGENDA - November 4, 2003 r . < 22. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING SECTION 2 -3 OF THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, ENTITLED "COMPENSATION FOR COMMISSIONERS AND 'MAYOR - ESTABLISHED" TO ALLOW FOR AN INCREASE IN COMMISSIONER COMPENSATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 3/5 (Commissioner McCrea) SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(k)(2) OF THE CODE OF ORDINANCES PROVIDES THAT "ANY PERSON MAKING PERSONAL IMPERTINENT, OR SLANDEROUS REMARKS OR WHO SHALL BECOME BOISTEROUS WHILE ADDRESSING THE COMMISSION SHALL BE FORTHWITH BARRED FROM FURTHER AUDIENCE BEFORE THE COUNCIL BY THE PRESIDING OFFICER,_ UNLESS PERMISSION TO CONTINUE BE GRANTED BY A MAJORITY VOTE OF THE COMMISSION. . COMMISSION REMARKS PURSUANT TO FLA STATUTES 286.0105, "THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAW. J: \My Documents \agenda \11.04.03.doc REGULAR CITY COMMISSION 7 AGENDA - November 4, 2003 ,a I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND 'CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ATTORNEYS' FEES; APPROVING PAYMENT OF 6 ATTORNEYS' FEES FOR KURZBAN` KURZBAN WEINGER & 7 TETZELI, P.A. IN THE AMOUNT OF $976.31; CHARGING 8 $976.31 TO ACCOUNT NO. 1500 -514 -3450, OTHER 9 CONTRACTUAL SERVICES; PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, Mark Richman Properties, Inc. initiated litigation against the 13 City of South Miami in which it seeks specific performance under a lease 14 agreement and, or, damages for an alleged breach of contract pertaining to the 15 proposed development of the SW 73 Street parking lot; and, 16 17 WHEREAS, with the city commission's consent, the city attorney retained 18 special litigation counsel, Kurzban Kurzban Weinger & Tetzeli, P.A. to defend the 19 lawsuit; and,° 20 21 WHEREAS, Kurzban Kurzban Weinger & Tetzeli, P.A. submitted an 22 invoice to the City for legal services rendered, and costs advanced, for the period 23 ending September '30, 2003, in the amount of $976.31; and, 24 25 WHEREAS, the city attorney recommends payment of the attached invoice 26 as the amount of fees and costs are reasonable and necessary. 27 28 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI,' FLORIDA: 30 31 Section 1. The invoice for attorneys' fees and costs received from 32 Kurzban Kurzban Weinger & Tetzeli, P.A. in the total amount of $976.31 is 33 approved for payment and charging the amount to ;account no. 1500 -514- 3450, 34 Other Contractual Services. 35 36 Section 2. This resolution shall take effect immediately upon approval. 37 Additions shown by underlining and deletions shown by aver-str-iking. 77 - 1 2 PASSED AND ADOPTED this day of November, 2003. 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 1'1 READ AND APPROVED AS TO FORM: Mayor Feliu: 12 Vice Mayor Russell: 13 Commissioner Wiscombe: 14 CITY ATTORNEY Commissioner Bethel: 15 Commissioner McCrea: 16 17 18 19 20 21 22 23 24 25 \ \02srvplaw \prolaw \Documents\ 0022 \DAJ \19864.doc - S.Weinger (Kurzban) October statement 26 27 28 29 30 31 32 33 34 35 36 37 38 39 i Page '2 of 2 . R IT- CITY OF SOUTH: MIAMI OINTER- OFFICE MEMORANDUM To; Mayor, city comm'n Date: October 21, 2003 Maria Davis, city manager Hakeem Oshikoya, finance director From: Earl G. "Gallop, city atto ` e: Resolution Approving Attorneys' Fees and Costs to Kurzan, Kurzban, Weinger & Tetzeli, P.A. Subject: Payment of $976.31 (Invoice No. 9596 dated September 30, 2003) to Kurzban Kurzban Weinger & Tetzeli, P.A. for services rendered in defense of Mark Richman Properties, Inc. v. City of South Miami, Case No. 03- 07058 -CA -24 (Fla. I 11 Cir. Ct. 2003). Discussion: Mark Richman Properties, Inc. initiated litigation against the city in which it seeks specific performance under a lease agreement and, or, $4.5 million in damages for an alleged breach of contract pertaining to the proposed development of the SW 73rd Street parking lot. With the city commission's consent, the city attorney retained special litigation counsel to defend against the action. This is the fifth invoice from special litigation counsel. The total billed to date is $18,901.61. 1 recommend approval of the invoice for payment as the amount of fees and costs are reasonable and necessary. Recommendation: Approve the resolution authorizing payment of the invoice. Item No. Quantity Description and Specifications Account Number Unit Price Total I 1 Other Contractual Services — 1500- 514 -3450 $976.31 $976.31 Outside Counsel TOTAL'` $976.31 Purchase Order No. Terms /Discount I Hereby Certify That The Coding of Accounts Approved Purchases as Above Approved Above Material, Equipment, and Issuance of Purchase Order Or Service Is Essential And A Authorized Proper Request Against The Codes Ch Sufficiency of Appropriation Balances Verified (Except As Otherwise Noted) Head of Department Finance Department CityManager ' ="A'Y3..,7i,, 7,1 "ww,..,; KURZBAN KURZBAN WEINGER & TETZELI, P.A. 2650 'SOUTHWEST 27TH AVENUE, 2ND FLOOR MIAMI,, FLORIDA 33133 (305) 444 -0060 PAGE: 1 CITY OF SOUTH MIAMI 09,/30/2003 C/O EARL E. GALLOP, ESQ. CLIENT NO: 3917 -0001M 3225 AVIATION AVENUE, SUITE 301 STATEMENT NO: 9596 MIAMI, FL 33133 MARK RICHMAN PROPERTIES, INC. VS. CITY OF S. MIAMI RATE HOURS 09/08/03 SMW WORK ON ,DISCOVERY RESPONSES 250.00 0.90 225.00 09/09/03 SMW RECEIVED AND REVIEWED PROPOSED DISCOVERY RESPONSES FROM CITY ATTORNEY 250.00 0.90 225.00 FOR CURRENT SERVICES RENDERED 1.80 450.00 EXPENSES 09/08/03 PHOTOCOPY CHARGE 3.30 09/12/03 PHOTOCOPY CHARGE 5.70 09/12/03 PHOTOCOPY CHARGE, 0.90 09/12/03 POSTAGE 1.66 09/16/03 PHOTOCOPY CHARGE 2.70 TOTAL EXPENSES 14.26 ADVANCES 09/12/03 COPYCAT DOCUMENT SOLUTIONS - LITIGATION COPIES FROM _HOLLAND & KNIGHT 506.27 09/18/03 PABLO ESPLUGAS - COURT COPIES 5.78 TOTAL ADVANCES 512.05 TOTAL CURRENT FEES & EXPENSES 976.31 PREVIOUS BALANCE $17,925.30 PAYMENTS 09/26/03 FEE PAYMENT 'FROM :CLIENT TRUST ACCOUNT - 6,987.50 09/26/03 EXPENSE PAYMENT FROM CLIENT TRUST ACCOUNT - -5.03 09/26/03 ADVANCED COSTS PAYMENT RECEIVED - 1,502.13 10/09/03 FEE PAYMENT FROM CLIENT TRUST ACCOUNT - 1,775.00 10/09/03 EXPENSE PAYMENT FROM CLIENT TRUST ACCOUNT -29.40 10/09/03 ADVANCED COSTS PAYMENT RECEIVED - 270.09 10/10/03 FEE PAYMENT RECEIVED - 4,975.06 10/10/03 COST PAYMENT RECEIVED -57.00 10/10/03 ADVANCED COSTS PAYMENT RECEIVED - 1,316.14 TOTAL PAYMENTS - 16,917.29 ....4 s F ",- ,+.. cr. 8 ?a A.,' a ; 'R`_•"^'r�.4 � o,-,�i r"F .#"''.;'� � i.,rs°:'?,.i N ra"?c' l�'^.„'fx'=i rs ,�:°??� - • �ti. , x I # Y• R!f' R . . r man Sours CITY OF SOUTH MIAMI South Miami kriaml Al All 4 Excellence, Integrity, Inclusion , INCORPORATED 1927 ®. O RAID A 2001 TO: Honorable Mayor, Vice Mayor DATE: November 4, 2003 & City Commission FROM: Maria V. Davis ITEM No. 50 l City Manager L RE: Authorizing the City Manager to Execute a Construction Contract with TJ Pavement Corp. for a Boat Launch Ramp RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T.J. PAVEMENT CORP. TO CONSTRUCT FOR BOAT LAUNCH RAMP (SW 65TH AVENUE & SW 68TH STREET) AT AN AMOUNT OF $14,500 TO BE CHARGED TO STORM WATER TRUST FUND, CONTRACTUAL SERVICES AND STREET & LANDSCAPING ACCOUNT NUMBERS 111- 1730 -541 -3450 & 001- 1730 - 541 - 4640; PROVIDING AN EFFECTIVE` DATE BACKGROUND & ANALYSIS The appearance and condition of our canal system has been a great- concern to the City and especially for those residents who live along the canal. However, Miami -Dade County, while keeping the canals flowing for hurricanes, has not had the resources to clean -out floating trash and debris from the waterways. Our canal system is separated into "segments" by major roadway crossings, meaning that boats cannot crossover to service other parts of the canal. Therefore, we are proposing a second boat' launch ramp so that maintenance companies can gain access to the canals, to provide the level of services required for proper maintenance of the canals. During a Community Meeting held with the residents (August 171h 2002 and November Is' 2002) about the proposed Boat Launch Ramp, the proposed location of the ramp and design concept were recommended and agreed to by the residents. Following the meetings, Public Works staff received sealed bids, through the City Clerk's office, on February 25, 2003. After the bids were received, the scope of work was reduced' as follows:' • With the exception of sodding with St. Augustine Floratam, landscaping will not be part of the scope of work, including the trees, gamma grass and limestone boulders. • The furnishing and installation of a new wood -rail fence. Page 2 of 2 Comm. Mtg. Agenda Nov. 4, 2003 Thus, reducing the bid price from $23,500 to $14,500. We plan to perform the landscaping portion of the work through an in -house crew and our current landscaping contractors. The $14,500 will be funded through the Stormwater Utilities Trust Fund and the Street & Landscaping account numbers 111- 1730 - 541 -3450 and '001 -1730 -541 -4640. The account balances for both accounts are $43,000 and $14,000, respectively. RECOMMENDATION It is recommended that the City Commission approve the funding for the work. Attachments: Proposed Resolution ❑ Bid Opening Report ❑ Engineering Consultant's recommendation package ❑ Conceptual Plan for the proposed Boat Ramp ❑ Notices of the Community Meeting with project location map 1UHTIM:, I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY "COMMISSION OF : THE CITY OF SOUTH MIAMI, 4 FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT 5 WITH T.J. PAVEMENT CORP. FOR BOAT LAUNCH RAMP (SW 65TH AVENUE & SW 68TH STREET) 6 AT AN AMOUNT OF $14,500 TO BE CHARGED TO STORM WATER TRUST FUND, CONTRACTUAL 7 SERVICES AND STREET & LANDSCAPING` ACCOUNT NUMBERS 111- 1730 - 541 -3450 &`001 -1730 =541 8 4640; PROVIDING AN EFFECTIVE DATE 9 10 WHEREAS, the Mayor and City commission wishes to provide canal maintenance boat ramp at SW 11 65"' Avenue and SW 68th Street) and; 12 13 WHEREAS, the construction activities will consist of a 1 to 4 slope at the southeast corner of the 14 canal right -of -way, to include removal of embankment, pavement installation of gravel and minor landscaping, 15 and; 16 17 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction 18 contract with T. J. Pavement Corp. for the Boat Launch Ramp for an amount of $14,500. 19 20 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 21 CITY OF SOUTH MIAMI, FLORIDA: 22 23 Section 1: The 'city received 'bids in response to bid invitation notices, for small project, 24 distributed February 18, 2003. 25 26 Section 2: The engineering consultant reviewed the bids and recommended that the contract be 27 awarded to the lowest responsible bidder: T. J. Paving Corp. 28 29 Section 3' The project will be funded through Stormwater Trust Fund, Contractual Services 30 and Street & Landscaping account numbers 111- 1730 -541 -3450 and 001- 1730- 541 - 4640. 31 32 Section 4: _ That the Mayor and City Commission authorize the City Manager to execute an 33 agreement with T. J. Paving, Corp. for the construction of Boat Launch Ramp at SW 65"' Avenue & SW 68th 34 Street for an amount of $14,500. 35 36 PASSED AND ADOPTED this day of , 2003. 37 38 APPROVED: ATTEST: 39 40 41 Ronetta Taylor, City Clerk Horace G. Feliu, Mayor 42 43 44 READ. AND APPROVED AS TO FORM: Commission Vote: 45 Mayor Feiiu: 46 Vice Mayor Russell: 47 Commissioner Bethel 48 CITY ATTORNEY Commissioner Wiscombe: 49 Commissioner McCrea: ,hrs South M�am ` Y l T, .Wv� a ham" f IN a y 2001 v��w � 7. BID OPENING REPORT Bids were opened. on: February 25 2003 at 3 :00 pm For: Boat Launch Ram 65* Avenue SW 68h Street Pre Bid Estimate: CONTRACTORS: RID AMOUNTS: 1. Williams Pavin Co. 2. T.J. Pavement Co $3086500 -------$23..500.00 THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS .HAVE BEEN COMPLETELY REVIEWED Ln City Clerk's Sign: Witness cc) --� ness i I 1 I t i i i I • • March 4, 2003 City of South Miami Public Works Department E n g 1 n e e r s 4795 SW 75" Avenue Architects P l a n n e r s Miami, Florida 33155 Attention: W. Ajibola Balogun, REM Public Works Director Reference: Boat Launch Ramp SW $5th Avenue and SW 681 Street City 'of South Miami C3TS Project No: 1929 -14 Dear Mr. Balogun.• EB0005022 Per your direction, we invited four qualified bidders who have all successfully completed AAC002142 projects for the city, to submit a proposal for the referenced project. Upon our review of the two bids submitted, we recommend that the contract be awarded to the lowest responsible responsive bidder, T. J. Pavement Corp. We have negotiated scope and price with them in order to get it within the budget, and their price is now $14,500. If you have any questions, or need additional information, please do not hesitate to contact me at (305) 445- 2900, or via e-mail at rcast - Ila@c3ts com. Sincerely, Corzo Castella Carballo Thomp on Salman, P.A. Ramon Castella, P.E. Project Manager DSB /er i Attachments: Bids Received Bid Invitation i Contractor Agreement to reduce Scope & Bid Price Copy of Bid Package I L:1Projects1 1929- 141Correspondence\1 L030403WABalogun.doo i I i i i i i i i 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com Equal Opportunity Employer -, W"�'*� .. -.s:.: "�'�R:r, "�- .61'TS -;s,� - fiT�::; ,r;. +iN . £�^»�mna� r .. ..., --,-c . Fa .e�"""�"" ,,, "'", i,.7 r- s ,,,,�'"'-v:'- a , ,a: � "'"'.��' , ^�,;"m; --i• .'��s�,T.+,;FS^° FROM :T J PAVEMENT CORP FAX NO. :3052201019" Mar. 05 2003:10:43AM P2 Vd/ V+i! GVVJ tUL' L-i' 6i i'1i1i s�vvvvv vvav March 4, 2003 T.J. Pavement Corp. 11401 SW 4iP SU00, #335 Miami, Florida 33166 Attantlon: Tony Alvarea e n ss L e e r s l rence; Boat Launch Ramp Architocts SW Or Avenue and 681ft Street Psann0ts City of South Warm OTS Project No.: 1029-14 Dear Mr. Alvarez: Per our discussions reievve to your bid submitted on Fobruary 25, 2003 for the above referenced project, we have agreed as !follows: 1, With the exception of sadtling with St. Auoustine Flormtam, landscaping will not be part of the scope of the work, That includes the trees, 9amm8 grass, and limestone boulders. �c n2 t az 2. The furnishing and Installation of a new woodrall fence will not be part of the sco a of the work. A 3. The scope 'of the work, a emended by items 1 and 2, will bid package, otherwise remain as per d. Your lump sum bid will be reduced from $23,500 to $14,60Q. Please sign below in the space provided to confirm your agreement with the above. if'you have any questions, or need additional information, please do not hesitate to contact me at (305) 445 - 2900, or via e-mail at restettap is com. Sincerely, Como Castella Carballo Thompson Salman, P.A. Ramon Castella, P.E Principal,i RCler I agree to dificabons to my bid for the referenced project: I i Tony Al T. J. Ps ant rp. last® Larokcls1i9241a{ cbmeportda�ostttDaC6asT .IPareenent dQe f t 901 POACe do Leon Siva.. Suite PW C r4rnl Canbtes, F10firra 33134 Web Sao: —x3tt tofu 5(15.44529 0 1.800.448.0227 FaelknttG 305.445.3866 Equal opoortaniry Emosoyet i i` SOUTH MIAMI BOAT LAUNCH RAMP SW 65TH Avenue and SW 68th Street` CITY OF SOUTH MIAMI, FLORIDA GRAND TOTAL IN FIGURES (LUMP SUM) $(o ,OCR GRAND TOTAL (WRIiTEN): Bidder: Williams Paving Company, Inc. By: Title: Ron Smith Vice President Telephone: 305-882- 1950 Fax:- 305- 882 -1966' j Williams Paving Co., Inc. 11300 N.W. South River Drive j Medley, Florida 33178 E2 - 3 1929 -14 • RZ • CASTELLA • - : • • February 18, 2003 Engineers Rock Power Architects Planners 5600 SW 135th Avenue Suite 215' Miami, Florida 33183 Attention: Maria Maribent Reference Boat Launch Ramp SW 65th Avenue and 68th Street City of South Miami C3TS Project No.: 1929 -14 Dear Ms. Maribent: EB0005022 AAC002142 The City of South Miami hereby invites you to submit a proposal for the above referenced project. Enclosed please find the contract, scope of work, and proposal form. Please submit your proposal, in a sealed envelope, to the City Clerk's office by February 25' , at 3:00 p.m. If you have any questions, or need additional information, please do not hesitate to contact me at (305) 445 -2900, or via e-mail at rcasteliaa-c3ts com. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Ram n as ells, Principal RC /er Enc. L: 1Pro1eds11929. 141Correspondence11L021703Wi11iamsPavemen t.doc l r 901 Ponce de Leon Blvd., Suite 900 Coral Gables, Florida 33134- 305.445.2900 1,800.448.0227 Facsimile 305.445 3366 Web Site: www.c3ts.com Equal Opportunity Employer • • c1Ob r • • February 18, 2003�� Engineers Budget Construction Architects Planners 12450 NW South River Drive Miami, Florida 33178 Attention: Alex Sanchez Reference: Boat Launch Ramp SW 65th Avenue and 68th Street City of South Miami C3TS Project No.: 1929 -14 Dear Mr. Sanchez: AA COO2laz 005022 n The City of South Miami hereby invites you to submit, a Proposal for the " A project. Enclosed please find the contract, scope of work, and proposal form. above rferenced Please submit your proposal, in a sealed envelope, to the City Clerk's office by February 25th at 3:00 p.m. If you have any questions, or need additional information, please do not hesitate to contact me at (305) 445 -2900, or via e-mail at rcastella c3ts corn. Sincerely, Corzo Castella Carbalio Thompson Salman, P.A. Ramon Castella, P.E. Principal I RC /er I l ; Enc. I i i 901 Ponce de Leon Blvd., Suite 900 Coral Gables. Florida 33134 305.445.2900 Web Site: www.c3ts.com 1.800.448.0227 Facsimile 305.445:3365 Equal Opportunity Emplover ! RZ.Oi • February 18, 2003 Engineers Williams Paving Co., Inc. Architects anners 11300 NW So. River Drive Pl Miami, Florida 33166 Attention: Keith Ballard - Reference: Boat Launch Ramp SW 651' Avenue and 68t' Street City of South Miami C3TS Project No.: 1929 -14 Dear Mr. Ballard: EB0005022 The City of South Miami hereby invites you to submit ,'a proposal' for the above AA C002142 project. Enclosed please find the contract,. scope of work, and proposal form. referenced Please submit your proposal, in a sealed envelope, to the City Clerk's office by February 25th, at 3:00 p.m. If you have any questions, or need additional information, please do not hesitate to contact me at (305) 445 -2900, or via e-mail at rcastellaC�c3ts com. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Ramon Castella, P.E. Principal RC /er I Encs. L•% Projects11929.14XCorrespondence%I L021703WilliamsPavemenLdoc J i I i 901 Ponce de Leon Blvd., Suite 900 Coral Gables. Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.C3ts.com Equal Opportunity Employer < C • R Z CASTEL L CARBALLa February 18, 2003 HOME- • Engineers T.J. Pavement Corp. Architects Planners 11401 SW 40" Street #335 Miami, Florida 33165 Attention: Tony Alvarez` Reference: Boat Launch Ramp SW 65th Avenue and 6811 Street City of South Miami • C3TS Project No.: 1929 -14 E60005022 Dear Mr. Alvarez: AAC002142 The City of South Miami hereby invites you to submit a proposal for the above referenced project. Enclosed please find the contract, scope of work, and proposal form. Please submit your proposal, in a sealed envelope, to the City Clerk's office by February 25th, at 3:00 p.m. If you have any questions, or need additional information, please do not hesitate to contact me at (305) 445 -2900, or via e-mail at _rcastellaO- )c3ts.com. Sincerely, Corzo Castella Carballo Thompson Salman, P.A. Ramon Castella, P.E. Principal RC /er Enc. L,lProjectsl 1929- 14tCorrespondencell L021703TJPavemenLdoc i i r i i 901 Ponce de Leon Blvd., Suite 900 coral Gables; Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305.445.3366 Web Site: www.c3ts.com; Equal Opportunity Employer j ,.m.°T. F`✓ . , ,.,:. t. .,r.. t ,., ..,.`F`^a:,^'r i fi. _ : rl :'._,' —w. ^, i :TIC' lei`. "^'TM)Si .-°°':+ South Miami Boat Launch Ramp SW 65t" Avenue and SW 68th Street CONTRACT THIS AGREEMENT, made and entered into this— day of 20 by and between the City of South Miami, (City), and , (Contractor), (Parties). WHEREAS, the City desires to engage the Contractor to perform services as stated herein. WITNESSETH, that the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work described in the Scope of Work attached as Exhibit "1," necessary to construct the proposed boat ramp and associated improvements. 1.02 THE CONTRACT SUM A. The City shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents. B. Based upon the price shown in the Proposal heretofore submitted to the City by the Contractor, a copy of said Proposal being a part of these Contract Documents attached as Exhibit "2 ", the aggregate amount of this Contract is the sum of M. 1.03 COMMENCEMENT AND COMPLETION OF WORK A. , The Contractor shall commence work on the date established in the Notice to Proceed. B. The Contractor shall .prosecute the work with faithfulness and diligence and shall complete the work not later than six (60) calendar days after the commencement date established in the Notice to Proceed. 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS 4 A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All specifications and Contract items' contained in this Contract` have been read and carefully considered by the Contractor, who understands the same and agrees to their I f I 00000 -1 1929 -14 I I South Miami Boat Launch tramp SW 65th Avenue and SW 68th Street sufficiency for'the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed ,against the City than against the Contractor. B. Any ambiguity or uncertainty in the scope of work shall be interpreted and construed by the City's Engineer or approved representative and his decision shall be final and binding upon all parties: C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the City,; its Engineer, or by any agent or representative as in compliance with the items of this Contract and/or of the Project Manual covering said work, shall not operate as a waiver by the City of strict compliance with the terms of this Contract, and/or the Project Manual covering said work; and the City may require the Contractor and/or his insurer to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and/or services which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions., Failure on the part of the Contractor and/or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the City, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the City and/or his insurer, who shall in any event be jointly and severally liable to the Contractor for all damage, loss and expense caused to the City by reason of the ` Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the City will retain the amount of one hundred dollars ($100) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the City will have sustained by failure of the Contractor to complete the work within the specified time; it being further' agreed 1 that said sum is not penalty, but is the stipulated amount' of damage sustained' by the City in the event of such default by the Contractor. I B. For the purposes of this Article, the day, of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. j I 00000 -2 1929 -14 South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street 1.06 NO BOND REQUIRED PROJECTS A. In the absence of bond, the Contractor hereby agrees to receive payment only upon full completion of all work, and acceptance by the City. 1.07 SOVEREIGN IMMUNITY AND ATTORNEY'S FEES The City ,does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs, including, but not limited to paralegal costs, and computer' research costs. The parties shall not be liable for the prejudgment interest. 1.08 MEDIATION Any claim or dispute arising out of or related to this agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either parry. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in the circuit court for the 11 b judicial Circuit for the State of Florida. 1.09 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement: 1.10 LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers and labors. 1.11 TRANSFER AND ASSIGNMENT A. None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Sub- Contractors, as shown on Exhibit 2, unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and Contractor shall be responsible and indemnify the City for all subcontractors' acts, errors or omissions. B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to ' r a bank, trust company, or other financial institution without the City's approval. 00000 -3 1929 -14 i South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City, 1.12 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The City, or any of their duly authorized representatives, shall, until 3 years after final payment under this contract, have access' to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this contract- for the purpose of making audit, examination, excerpts, and transcriptions. B. The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 8.1 above. "Subcontract" as used in this clause, excludes purchase orders not exceeding $10,000. C. The right to access and examination of records in subparagraph 8.1 shall continue until disposition of any mediation, claims, litigation or appeals. 1.13 OWNERSHIP OF DOCUMENTS All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have all rights incident to this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to the City. The Contractor shall have the right to retain copies of the documents at the Contractor's expense. 1.14 SEVERABELITY Should any paragraph or any part of any paragraph of this contract be rendered void; invalid or unenforceable by any court of law, for any reason, the determination` shall not render void, invalid or unenforceable any other section or part of any section of this contract. 1.15 CONTINGENCY FEE AND CODE OF ETHICS 'WARRANTY A. Contractor warrants that neither it, nor, any principal, employee, agent, representative or family member has promised to pay, and Contractor has not, and will not, pay a fee the amount of which is contingent upon the City awarding this contract to Contractor. B. Contractor warrants that neither it, nor any principal, employee, agent, representative or j family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade` County or the City of South Miami conflict of interest and code of ethics ordinances. f 00000 -4 1929 -14 M South Miami Beat Launch Ramp SW 65th Avenue and SW 68'h Street C. A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to the Contractor. 1.16 WARRANTY OF AUTHORITY The signatories to this contract warrant that they are duly authorized by action of their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. 1.17 DEPENDENT CONTRACTOR The Contractor is furnishing its services as an independent Contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer - employee relationships. -MON South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of, which shall, without proof or accounting for the other counterparts, be deemed an original Contract. City of South Miami, Party of the First Part (Seal) By; Attest: City Manager City Clerk Contractor Party of the Second Part WITNESS: (If corporation, attach Seal and attest by Secretary) By Title APPROVED AS TO FORM AND APPROVED AS TO FINANCE: LEGALITY; By: City Attorney Director of Finance City of South Miami City of South Miami ` E ( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed. 00000 -6 c 1929 -14 �1 South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street CERTIFICATE (Sample) STATE OF FLORIDA) ) ss COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of Florida held on 20__, the following resolution was duly passed and adopted: "RESOLVED, that , as President of the corporation, be and he is hereby authorized to execute the Contract dated , 20 , between the City of South Miami a municipal corporation, and this corporation, and that this execution thereof, attested by the Secretary of the corporation and with corporate seal affixed,_ shall be the official act and deed of this corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20 Secretary i i G r 00000 -7 1929 -14 i South Miami Boat Launch Ramp SW 65th Avenue and SW 68th Street TRENCH SAFETY ACT COMPLIANCE Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et sea. which became effective October 1, 1990, shall be in effect during the period of construction for the project. The Bidder, by signing and submitting the bids, in writing, assuring that it will perform_ any trench excavation in accordance with applicable trench safety standards. The bidder fin Cher identifies the following separate item costs of compliance with the applicable trench safety standards as well as the methods of compliance: Methods of Compliance (fill in methods)` Total $ Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above will result in the bid being declared non- responsive. The Bidder is, and the City and Engineer are not, responsible to review or assess Bidder's safety precautions, programs or costs, or the means, methods, techniques or technique adequacy, reasonable of cost, sequences or procedures' of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.60 et sea. cited as the "Trench Safety Act ". Bidder is, and the City and Engineer are not, responsible to determine of any safety or safety related standards apply to the project,' including but not limited tom the "Trench Safety Act ". Signature of Authorized Representative (Manual) Name of Authorized Representative (Typed or Printed) Sworn to and subscribed before me in the Sate and County first mentioned above of the day of , , 20+ (affix seal) Notary Public f My Commission Expires: i 00000 -9 1929 -14` I x., } South Miami Boat Launch Ramp SW 65`h Avenue and SW 68th Street ACKNOWLEDGMENT OF CONFORMANCE WITH O.SH.A. STANDARDS TO THE CITY OF SOUTH MIAMI; We, hereby acknowledge and agree that as Contractors for the construction of Engineer's Project within the limits of the City of South Miami, Florida, that we have the sole responsibility for 'compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and Local Safety and Health regulations, and agree to indemnify and hold harmless the City of South Miami and its Consulting Engineers against any and all legal liability or loss the City or the Engineer may incur due to failure to comply with such act. ATTEST CONTRACTOR BY: NAME ATTEST DATE END OF SECTION t { E i 00000 -10 1929 -14 EXHIBIT 1 SCOPE OF WORK SOUTH MIAMI BOAT LAUNCH RAMP SW 65TH Avenue and SW 68th Street CITY OF SOUTH MIAMI, FLORIDA The proposed project involves the construction of a boat launch ramp at the intersection of SW 65th Avenue and SW 68t�' Street, within the public right -of -way.. This facility is needed in order for the City to properly maintain the adjacent canal. The project includes minor street modifications, landscaping, railing and gate installation, in addition to the construction of the ramp itself. The attached site plan, landscaping plan and details describe the proposed improvements. El - 1 1929 -14 FT _a�,: .,P r,-ir Pu"i.", F ays . v .,�., r „a,.. y 1 I IQ I �u Lu Z Q LL W .: Z Lf) C c W Q 4 j 3.t? i> o oowsu¢ Q .3: o OU OU I L1 I I I I -trc I _ I i I I tisl I I 1 I I °n 0nl` a.. 4fg I I Imo- I I I I- 1 W LU Z °°ea Lv1 I 31� ~1 � -- -- 11 I I I I W Q �ttao � Q. I ylm it I 1 I J I I U Q a 24`.9 U) Z Q N ° Z J____ -L Q _ s� �o N 1 b O V 00 tog 0 b l I/ I 1 1 I I l 1 I Q Neu V ® (n to V W uU „i OeIQ Z:.� U� -� �. I I 1 I I I ,..��o OQ (n h�ayu M a. �'' -- µ 1- ~- ' - -'I' --- -+ - - -- c oUS O . :..) LU I II I I I I I I I CO a. I II I I I I I 1 I I - m I- II11 III 1I III I11I 1 II 1. pq- 1 I I 11 I I I 3 IL_1 1 tl 1 Q 1 \ YIN JL K.!'Pf.'w” I � �I iYw�l ��: 1 � s tl s ; l �n xr ri s '"�. ♦♦ Z d i. airy I its \ `y. „ it 0:2, f l rk Ir ♦ ♦♦ 3 t. 1 k 9 �� ♦ 0 6 k� n J / 1'xe OOd \ r { Qf y 00 _. ♦i. s 1,,,_ x m z q3 Y all a Iw ^, se` O �i;.. �' # :`w`` & ;"Yt„•'I"I�it,tllt3,r1,�. La (�, -t'I ''"11' " Xw "`"�yP= "Ny>•a,my a tN � 0 D MUAW 54 k c! a_ m / o sour� H� South Miami 3 CITY OF SOUTHMIMI�� • INCORPORATES • Excellence, Integrity, 1 .Ci 1927.. g ty, Incluscon t i c0Rl9� 2001 Community Meeting Boat Lau ' Launch Ramp What: A community meeting to- input and ideas fora Possible ...,get neighborhood p e boat launch ramp.:: The Purpose of the boat launch ramp is to rovide canal maintenance and cleaning. p access for When: This Saturday, August 17th g at 9 :00 AM Where: The corner of 65th Avenue h ue and 68 _Street. Questions: If you have an nest' y questions please call Public Works at 305 -663 -6350. ,. oI sour South Miami CITY OF SOUTH MIAMI � AI!- America city • iNCORFORATE Excellence, Integrity, inclusion P, 1103 2001 Second Community Meeting Boat Launch Ramp What: A community meeting to get neighborhood input and ideas on the design plan for the proposed boat launch ramp. The purpose of the boat launch ramp is to provide access for canal )maintenance and cleaning. When: Friday, November 1" 2002 at 4:30 PM Where: The corner of 65th Avenue and 68th Street. Questions: If you have any questions please call Public Works at 305 - 663 -6350. I l City of South Miami SW 68 Street & SW 65 Avenue Boat Lounch Notification Distribution for Workshop #2 = 52 properties 6390 , o o 6641 SW 64TH ST HARDEE DR W 640 6400 5401 6400 6401 6650 6630 BUD 6506 6502 6610 ...6401 6411. 6410 6411 6410 6411 670D G7 N � 6421 6420 6421 .6420 6421 7 C 6649 8629 6609 6521 6511 6501 y 6421 6420 6510 * '. 6431 6430 6431 6450 9 SW 65TH ST 6511 a 6431 6430 . 6520 - -3 ' 6441 6509 _ SW 65TH ST 6646 66286 6608 6520 6510. 6500 6521 - 6501 6500 n 6500 6501 6611 Cy 6530'. "� 6511 .6510 6511. '.6510 6500 6647 6627 : 6607 6521 65N 6501 - 6531 6,540'. 6521 65206521 6520 6621 6750 SW 65TH 8531 6530 8531 6530 6531 8551 6550 r 6646 6625 6606 6520 6510 6500 SWi 66TH ST 796 D d 6602 0 6600 6601 6600 6380 "' 6600 6601 Y 6609 6610 6619 6612 ' -6611 6690 6611 6621 6622 0 6624 6616 6876 6617 6616 '. 6621 6620 6621 6767 6711 6660 6634 6643 : 6648 6636 � 6633 6632 � 6631 _ 0 .6666 6632 �'1 6630 a 8631. 6841 �.. a i ,. `t 0' UnbuiltL 0 6700 ' 6700 16701 6700 C 670D d 6701 6702 SW 67TH ST 70 < 6701 652 0 5 6712 6708 6724'. 6721- 6721 6720 6711 6710 6711 0.: 0: D 0 6721 6720 6721 U. 0 8740 6706 6736 6744 6741. 673s 6786 6731 6730 6731 p a 6765 6743 0. 6745 "0 r SW 68TH ST 6801 6810 6802 6380 6370 6350 0340 33 6721 6741 6781 6761 6801 6800 63311 6607 6621 6820 6387 6377 6339 33 i SW' 6821 68TH TE 6620 6620 i li 6B41 6640 T 6841 .6760 6740 6720 570D �. 6675 6665 6655 6840 6905 6810 6910 6901 6380 i0 6911 6390 8904 6830 6931 6930 6925 6761 6741 6721 6660 6701 > 6660 .6670 x D 6925 , Y '70 BD24 am 6951 6950 16959 '�+ � 6940 6944 6941 TE $W 69TH 6935 SW 66 AV 6935 nj 6971 6970 a 6700 spreads oI: lotsI 6944 6665 6670 SW 70TH ST', 6720 6760 6740 = 2 folio numbefsi 6946 6954 7 6 6483 646,5 7000 7001 7000 7001 2 - 6955 69TH LA ; 7008 6487 I 7010 7011 7020 70 7021 SW 7009 6781 vim. 6479 7026 x6469 6477 7020 7021 7030 7041 703 6610 - 7049 6475 7048 G 6673 6497 7030 7031 7040 0 04 � $W: 70TH LA 6471 6469 91 .16493 7101 :. 7111 11 7113 7112 6467 71 D0 7110 A 6465.16495 7110 7111 7120 7115 11 1 30 j $W ' 71ST LA 7133 6701 7132 6463 6361 6351 6341 ....6459 06457 6333 31 7143 7142 6445 6461 SW 72ND ST. SUNSET DR C 6330 z D 6500 6490 6480 6478 6450 0 6440 6360 6350 6340 1 7223 ?1 w i 7220 7230 72300 --" 7 0 6750 .5959 72406491 6481 6461 6451 7241 7243 72 7240 7251 7260 0 7310 7311 7240 .7301 i 0 100 200 300 600 900 1,200 1,500 Feet x.• soury CITY OF SOUTH MIAMI South Miami WMAIM Al ObWcaM Inter - office Memorandum INCORPORATED ..1927 A E o RA° zoos TO: Honorable Mayor, Vice Mayor DATE: November 4, 2003 & City Commission FROM: Maria V. Davis �S AGENDA ITEM No. _4 City Manager RE: Authorizing the City Manager to execute an agreement with the lowest responsible bidder for the Church Street Improvements — Phase l RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T.J. PAVEMENT CORP. FOR = CHURCH STREET IMPROVEMENTS PHASE I CONSTRUCTION IN AN AMOUNT OF $123,232.50 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT GRANT ACCOUNT NUMBERS 001- 0000 -115 -7044; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: As directed via attached resolution 62 -03- 11611, the proposed Church Street Improvements — Phase 1 was advertised for construction bids September 8, 2003. Three contractors submitted bids. The bids were publicly opened on the last day of bid submittal (Wednesday, October 8, 2003) at 3:05pm. Since the bid opening, the engineer of record has tabulated the bids, reviewed and evaluated all bids, verified references, verified the bid bond and discussed the project with the lowest responsible bidder (T.J. Construction Corp.) to make sure the scope of work is clearly understood as designed and specified. The Engineer of Record (William, Hatfield & Stoner, Inc.) has submitted the attached letter of recommendation for T.J. Construction Corp. The project consists of installation of approximately 160 lineal feet of water main (includes 8 -inch & 12 -inch Ductile Iron pipes) between SW 64th Street and SW 66th Street. In addition, the complete infrastructure improvements proposed` between SW 69th Street & SW 701h Street includes, widening of the sidewalk, installation of electrical conduits for new FPL lights; landscaping with irrigation system, street furniture with pre- fabricated bus shelter, roadway re- construction and pavement marking. This project will be funded from the fiscal year 2003 Community Development Block Grant funded through Miami -Dade County Community & Economic Development. Fund balance for the grant account is $172,000.00. •_ = -r ,� ._ Page 2 of 2 Comm. Mtg. Agenda Nov. 4, 2003 RECOMMENDATION: It is recommended that the City Commission approve funding for the work. ATTACHMENTS: ❑ Proposed Resolution ❑ Bid Opening Report Bid Tabulation Report ❑ Certified Advertised Notice of Bid Invitation ❑ Engineer of Record's letter of recommendation El Project location maps 1 RESOLUTION NO 2 3 ,A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, FLORIDA, RELATING TO AUTHORIZING THE CITY MANAGER TO EXECUTE 5 AN AGREEMENT WITH T.J. PAVEMENT CORP. FOR CHURCH STREET 6 IMPROVEMENTS - PHASE I CONSTRUCTION AT AN AMOUNT OF $123,232.50 TO BE 7 CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC 8 DEVELOPMENT GRANT ACCOUNT NUMBERS 001- 0000 -115 -7044; PROVIDING FOR 9 AN EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission wishes to provide much needed street 12 improvements and water main extension along Church Street, and 13 14 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a 15 construction contract with T.J. Pavement Corp. for the construction of Church Street 16 Improvements Phase 1 for an amount of $123,232.50. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 20 21 Section 1: The City received three bids in response to the Notice of Bid Invitation 22 advertised in the Miami Daily Business Review on Monday, September 8, 2003. 23 24 Section 2: The engineering consultants reviewed the bids and recommended that the 25 contract be awarded to the lowest` responsible bidder: T.J. Paving Corp. 26 27 Section 3: The project is funded through the Miami -Dade County Office of Community 28 & Economic Development, fiscal year 2003 Community Development Block Grant. 29 30 Section 4: That the Mayor and City Commission authorize the City Manager to execute 31 an agreement with T.J. Paving, Corp. for the construction of Church Street Improvements 32 Phase 1 for an amount: of $123,232.50 to be charged to account number 001- 0000 -115- 33 7044. 34 35 PASSED AND ADOPTED this day of 2003. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 Commission Voter 43 READ AND APPROVED AS TO FORM: Mayor Feliu: 44 Vice Mayor Russell: 45 Commissioner Wiscombe: 46 CITY ATTORNEY Commissioner Bethel: 47 Commissioner McCrea: TES TECH WHO Williams, Hatfield & Stoner, Inc. October 13, 2003 Mr. W. Ajibola Balogun Public Works Director City of South Miami Public Works Department 4795 South West 75 Avenue South Miami, Florida 33155 Dear Mr.'Balogun: City of South Miami Bid No. CI03 -1008 Chinch Street Improvements — Phase 1 We have checked the bids submitted for the above referenced project. The bid from the low- bidder, T.J. Pavement Corp., was reviewed and we find no discrepancies. The bid was accompanied by proper bid security, and we accept the references for performance based on completed and current projects with the City of South Miami and other clients. Based on our findings, it is our opinion that this General Contractor is qualified and capable of performing the work. Therefore, we recommend that the project be awarded to the lowest responsible bidder, T.J. Pavement Corp., in the amount of $123,232.50. The award is subject to acceptance by the City Council, execution of the Contract Agreement, submittal by the General Contractor of the required Performance and Payments Bonds, and Certificate of Insurance. We look forward to serving the City of South Miami on this project. If you should have any questions please do not hesitate to contact me. Very truly yours R 'el Cabrera, PSM Senior Project Manager Enclosure: Bids Tabulation spreadsheet RRC /jac 4601 Ponce de Leon Boulevard, Suite 220, Coral Gables, FL 33146 Tel 305.663.5777 Fax 305;663.5781 www.tetratech.com �T^ v, ?' m.. �E"' .,•i'1;"?.3£''n�A„'�a'ia'. -.�7i `F(�M," W Q 2 a h f F- K K p'n NU t x w w Q N w F ry7� O w i 3 W 'i�p f N S I 2" U :OO 0 0 000' 0 0 0 0000 0 0 0 0 0 o o o o0oa o o a o o - o o 0 00: 0 0 o o S o o 0;0 o o o o o o o 0 0000 0 0 0 0 - 000 0 0 o. 0 o N G O O N O O r lG O C COQ O O O C O O O G. O C C G O O C O O b O O C$ C C C N p �p M (O N. N O. N N M M m N �O O. < O O O Q m O H N O b 0 tp O u G (A H! M f9 W f9 f9 f9 M f9 f9.. f9 f9 W fA 69 t9 .. fR (9 f9 f9 fR l9 f9 f9 f9 !9 f9 f9 i9 f9 f9 : M 0 � M ,- pd 0 1 NN 000 O O O 00.00 G O O N O N 0... 0000 0 0 0 0 0 O O O OS O 00 0 O O O O O 0000 : OOS y 0 d o- 0� GOC COINI� n yN �' S o. o O N N 00 IOpOy� O O O C a' h .8- O S S N N S M N 1p O r 0 N Ip �p m N O 10 0 Ip M O 7 f9 fA (9 fA f9 M f9 A f9 19 t9:' (9 d3 H H f9 eR N t9 f9 d3 F9 Yl: (9 f9. M t9 M fR N e9 � f9 o O O o000- 0000 'o o 0000 o' O. 0 O 00 0 0 oo 0 `0 0 0 O 0.` N o O o. :o O -0000 O O O O 000- O O m O N W O W A r O I. O 0.. NNNO N..'O Rr < V IO N <O r M N SS. W Fp- N N w N NN M IN '-n O) : N V N M.. r 4i M Ip N Ip IA R N t0O V N (OPT C N,-O V � Ul f9 M 19 f9 - (A f9 t9 E9 f9 f9 f9 (A (A fR fA fR f9 f9 f9 f9 (9 f9 f9.. f9 Hl : M (9 R f9 f9 f9 f9 b) f9 fR U r : 0 0 N N N r ad w E w o ry 14 000` r o o Ooln a -o - 0 o 0 0000 0 o o 0 o 0 o m 00 o o 00 0 0 '. o o o o N N o o 'o 0 0000 0 0 0 o 000 0 0 0 D o A M r Uf _. V r I� � O M r N C G O O N� G c O N NN N N N m: V S rM C N b rh O O ON). W MNm ,- NN H 7 dD f9 f9 f9 t9 f9 e9 V) t9 Hf Hi f9 f9 f9 Hl f9 di Vi N .. d} w Vl » f9 fR f9 fR fR W f9 f9 f9 0 0 0 0 O O 00 O O O C O O O- O O 0 0000 000 C o O 0 0 0 0 N O 0 O O O O O O O O O O O O O 0 0 0 0 O O O O O O 0 0 0 0 O O O N N 0 o r o 0 vi in M'ip 0 0 tph o N c' O 0 S 0 0 6 0 0 d o IIOp ui vir h 0 c 0 O 0 0 O O 0 O 0 0 c S 0 N S N . OO 000 C N �- N C M V N M tp b O `o v E a a 00 Q 0 �noo r 0 0 0000 i0 O O N o `o O�O O 0000 0 0 0 0 o O o O oo oo 0 O 0 O 0 O N F g M M B� 4O 8 Nm N N r '.O Moo o 0000 M f9 Vi f9 t9 f9 M fA (A f9 f9 M M E9 : t9 fA fA f9 H H fA 4i f9 di fR f9 f9 f9 t9 f9 (9 00 00 °0 ono oo° o o .1 o o O o 4 o o o ° o 0 o 0 o. 0 0 o'o h o ro E - � ed n a m h E N SF E 8 la :'^ 'v. c w❑❑ m .m 0 E a ¢ O a F C O O rC C q AM A T C d} M C IIIN R. F a U C o. c °c eh E @ E EN - c E; -e E. G1 F V „'.c� Ii V: V- d w i W A I =,$.b _ V VI fE m� z J li E fi 0 N M V i0 ( � N q (O 1 7 "' N th 171 can coca i >M > » ? >.3 161 W W, �,�'J: J.N, J J J - J J J 6660 7 wxx R�' 0_.. 3- . °':.�'Nas�'T'.R."ffT'`4.,.- �°?"`a^'u'2',. a- ,�`.:.: °,�,.. .m'rs"" THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk's Sign: �� ; vL� fitness: � fitness: Pavement Corp. $123,232.50: 3. Atlantic Civil, Inc: NO BID 4. Budget Construction NO BID 5. Dunol Engineering Corporation NO BID ` N < BID OPENING REPORT NO BID 7. Petro Hydro, Inc. $162,382.00 8. Water Wizard NO BID 9. Precision Construction Group NO BID Bids were opened on: Wednesday October 8 2003 at: 3.05pm For: Church Street Improvements — Phase 1 Pre -Bid Estimate: $105,000.00 CONTRACTORS: BID AMOUNTS: 1. Williams Paving 'Co. $141,186.25 2. T.J. THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk's Sign: �� ; vL� fitness: � fitness: Pavement Corp. $123,232.50: 3. Atlantic Civil, Inc: NO BID 4. Budget Construction NO BID 5. Dunol Engineering Corporation NO BID 6. Signal Technology, Inc. NO BID 7. Petro Hydro, Inc. $162,382.00 8. Water Wizard NO BID 9. Precision Construction Group NO BID THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clerk's Sign: �� ; vL� fitness: � fitness: Yj t MIAMI 'DAILY BUSINESS REVIEW � utt:QefPOienieo � ' Published Daily except Saturday, Sunday and Legal Holidays, Miami, Miami-Dade County, Florida HOME <OF IDID immArok STATE OF FLORIDA COUNTY OF MIAMI -DADE: CITY'OF $OUTER MIAMI BID NO. C0 034008 Before the undersigned authority personally appeared O.V. FERBEYRE. who on oath says that he is The City of SouthAiami will receive sealed proposals until 3 :00 P.M.- or she the SUPERVISOR, Legal Notices of the Miami Daily Business local timei'Wednesday, October 8, 2003 at the City Clerk's office, South Miami a Review f/k/a Miami Review, a daily (except Saturday, Sunday following project: a = and Legal Holidays) newspaper, published' at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, CHURCH STREET (S.W. 59TH pLCE)IMPROVEMENTS- PHASEI A E) 1 being a Legal Advertisement of Notice in the matter of (S.W 70TH STREET: 69TH STREET S.W 66TH STREET TO'S.W. 64TH STREET) The project consists of the re -bonstntctton of portions of SW 59th CITY OF SOUTH MIAMI BID NO. CI 03-1008 Place, ail wdhtn theyCity of So(ith MiarltL` roject elements include ';main, NOTICE OF BID INVITATION drainage;'° water '- I- e - ;,pavfigi, "fandscapin�, electrical, irrigation and streef_fumi #ure ' in the XXXX Court , was published in said newspaper in the issues of Department oft Commercewtll c'o orn cr Development. Adm n st a on, 09/08/2003 and•other?federai, agencies, and' as =such bidders must comply with Presidential ' Executive Order 11246, and 41 CFR Part 60 -4; the Davis .Bacon Act as supplemented by 29 CFR Part 5; the Copeland Affiant further says that the said Miami Daily Business ; (Anti -Kick Back) Act the Contrast Work Hours and Safety Standards Act as' supplemented by •29 CFR Part 5, and all other applicable Review is a newspaper published at Miami in said Miami -Dade federal, state and local ordinances. County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Attention is called'to the fact that no less than the minimum salaries Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second and wages as set forth in the Contract Documents maybe paid on this project and that the. Contractor must ensure that employees and class mail matter at the post office in Miami in said Miami -Dade County, Florida, for applicants for employment ,are not discriminated against because of. period of one year next preceding the first publication of the race, color; religion,aexornational0rigin. attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any Bids will be opened publicly; at` or shortly after 3:05 P.M. on Wednesday, person, firm or corporation any discount re com refund forlthe purpose Qctober 8, 2003 .at the South Miami City Hall,- City . Commission Chambers, 6730 .IunSet Drive, South Miami, Florida: of securing th' advert' nt for p lication in the said1`� newspapers Bid documents may be obtained on'or after Moritay,'Septeinfier 8, 2003 from South Miami City Hall Cdy Clerk's office, 6130 Sunset Drive, South Miami, Florida 33143. A $5i).00 non-refundable deposit per set of . plans and spedifications is repuired. Sworn to and subscribed before me this The bid -will be awarded to the 10 west responsive bidder. 08 day of SEPTEMBER A.D. 2003 ,ft; however, the City'Manager-de6ms it'to beiii the bast interest of the City of South Miami; 4hd City. Of S66th'10114ml receives the right to- reject 'any and all bids, to waive anyinfofmalltias or minor defects in any bids, and to increase'or decrease the qlpantlties shown in the Bid Form. Bids, which contain Irregularities of any kind, may be rejected as (SEAL) tnformai �jd iCtAi hiOTAr'iySFJtL O.V. FERBEYRE p to nC'se� Hld1i15R4 non-mandatory pre -bid conference will be held at South Miami City 5,11A COMMISSION NU} BEE H611, City Commission Chamber, 6130 Sunset 'Drive, South Miami, Bprida 33143, at*40:00'A.M. local tithe on Tuesday, 30, CC9311s, O MY C 601 E ]kiFS 2Q03. All interested contractoreare invited to attend. y Member. r APR. 24 'the City of South Miami `is an Equal Opportunity Employer ' and "courages the participation of'cei lif ed Black MBE contractors. Ronetta Taylor, CMC - ..0 Clerk . 1 � . RESOLUTION NO. 62-03 -1161 1 '. A RL SOLUTION OF THE MAYOR AND CITY CO?^HSSION OF THE CITY' OF SOUTH MIAMI, FLORIDA, RELATING TO APPROVINI d THE CHURCH STREET rMPROVEMENTS — PHASE l n" COMET UC 'ION AREA; PROWDING AN EFFECTIVE DATE, Wffi-,REA! 1 time Mayor and City ' co mmissron wishes to provide infrastructurc improvements fi v the 0hurch Street corridor md; WHET EM, the construction esOnate for the entire corridor is S 1.7rtmillion to -date and the city has =tare 1;27$,000 &rout fund for the Phase 1 portion ofthe conmuction, and;' WHEFL?ASl, the Phase 1 oonstntctiun area is defined as Church Street (SW 59' Place) between S W 60 Strr dt & SW 70'h Street rind only the construction of approximately 1 1 5 ,lineal feet of 12 -inch wato-rriami along SW 59" Place I bawcen SW 64'h Street & SW 66'h Street. NOW MEIREFOR,E, be it RESOLVED by time MAYOR AND CITY COMMISfON of the CTI'Y OF SOU119 MIAMI, FLORIDA: && l That the Mayor and City Commission authorize the City Manager to proceed with the ' appf j�- ,,abje infrastsuctum improvements along Church. Strut phaso 1 area deffiLd as Church Slut (SW 59* Race), between SW 69v' Street & SW 70Suvet and only time con ction of approxrmza W5,115 lineal feet. of 12 -inch water main alonng SW 591h Place, between SW 64'k Street & SW Vh ±.'treet. (PASSED AND ADOPtEU this 22 04 day of April 2003. A.FPiF,°.OVED., ATTEST: Itonetta Taylor, City Clerk Horace 0, A ' ayor REAL) AND APPROVED AS TO FORM. Commission Vote: 5--0 MayorFelia: Yea Vice Mayor Russell. Yea Commissiuner thel: Yea CI' Y ATTORNEi' — Commissioner Wiscooibu: Yea Commissioner McCma: Yea I Rw SW 70 STREET a) 7i1 m ? CA i cn ,$e D lr" m z cmgZ A SECTION r . zm z -i 0n �'. m { mm m D O O.N7 W W C — 0 : y3 z m CC. I .ill nv. m O - r� yli + CA) O o $W 69 STREET WiuADS, HATnFIRD sTDNER. ixa - ENdNEER6 PLANNERS SLRVEYt1R6. ENNRONMENTAL SGENll6T6 S.W. 59th PL CHURCH ST. IMPROVEMENTS � � O �P �' Dumgc "* SA 70nd STREET TO S.W. 64th STREET STREETSCAPE 9601 PONCE DE LEON BOULEVARD• M 211, CORAL CABLES, R 33116 PHONE (305) 66Y5M- FAX (305) 661 -5]61 •WBW.WNS– DIC.COM cDtM. O s A Ds8 Name Woler D'nl A Seer 60Y 70N BEACH PDRT ST. WGE . MIANI :f LAUDERDALE . ORLANDO -TAMPA ontE REMBNi €:.a.+, °.,f, x .-.... . Y. 'n4 ;3 ;R';'. ,'"'`sn „�, ,i ,.s'+i �+;a s l'. •) �f.^- rr�^rv.X.'v T ro-: ;103; t!" J €°�- ^,."'a?° "`q;5 r - -MATCH LINE :SEE :SHEET'2.OF 4 PANEL 'B' INE o II n n Igll `� ••� � ImII I �. � m � N v ¢ o Cho I m: v c S x m :.s 110 m ME � I Mall P y^ I I o 5 � H � W - - - - -- ,A a SW 64th ST age �4w pill $ Rgs m $ R a�y� € b N �� a 11:1 2�m 'aa 8qR M ,I n1 li s�g`; �5 sR9� � � s� Fi �Ie �: ° ° z °F -p m e" € F R 4- � €�� n� FF eb =� c °a ;; �R s�£ a € . =,P ,$ ,�R $ 6 € c €� a "asp €� €�° ME � � b o � �� 4�a��€ sad b s, "^'�� smc �� _ z F r �� " a ,"� b� ,� $ �sin� va vy sag °as�a$m� asp f�� bid aa�b "su€F �� €�aom4y "�d R ss m 9� &� "a° y n Is R" s s =c s a. R a5 3 b n nR HI ail "l €, @ > RG " � y 5g €? ail P. 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IMPROVEMENTS 570660k14YdSI HAYFVEL® d5 STONIER, ONC. waxm+s . PLWNEAS • a �Erws • INWRaxusx w sawnsrs mi w N°d a. S.W. 72nd STREET TO S.W. 84th STREET C 4601 PUNCE DE LEON BOULEVARD, SUITE 226; C.RAL GABLES, FL 33146 '�R c T WATER DISTRIBUTION PLAN V PMGNE (JOS) 653-5777 • FAX (306) 663 5781 wmv S- INCCOM P w N W_ filet. 60YNTON EACH PORT ST. LUCIE MIAMI FT LAVOEROALE ORLANDO:. TAMPAfiA1E REMS[NfiY ' v...,. .,, .m _..- .a_ ,.,�c'i, ")*''S".I, ^.'a^ r -gym rs, . k*u -m;�, +s�%;ca,I,'. s�^";;,r 3"°°?'z°?.,.. '"e?•":: 'Our y CITY OF SOUTH MIAMI South Miami � ; i- AmericaG i Inter- office Memorandum INCORPORATED 19P U R -19 A 2001 TO: Honorable Mayor, Vice Mayor _ DATE: November 4, 2003 & City Commission FROM: Maria V. Davis / AGENDA ITEM No. City Manager L RE: Request for Authorization to Execute Professional Service Work Order for Proposed Broad Canal Improvements RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER ' TO 'SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. (SFRC &D) FOR PROFESSIONAL ENGINEERING & CONSTRUCTION - MANAGEMENT SERVICES, TO INCLUDE, CANAL SEDIMENT TESTING, DESIGN, PREPARATION OF CONSTRUCTION PLANS, BIDDING AND CONSTRUCTION PHASE MANAGEMENT SERVICES FOR THE BROAD CANAL IMPROVEMENTS (FEMA's PROJECT NUMBERS 724 -0 & 725 -0, DISASTER # 1345, P.A. ID 025 - 67550 -00), IN AN AMOUNT OF $165,000.00 TO BE CHARGED TO FLORIDA EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345 AND RELIEF FUNDING, ACCOUNT NUMBERS 110 - .0000 - 132 -2071 AND 110- 0000 - 132 -2072; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS: After the "No Name Storm" of October 3, 2000, the Federal ;Emergency Management Assistance (FEMA) awarded funding to restore the City's Broad Canal system to its original flow capacity. The Broad Canal system consists of two segments for an approximate total of 3,700 lineal feet, with width ranging from 50 feet to 89 ft. The two canal segments are between the following streets: ❑ SW 56"' Street and SW 64th Street ❑ SW 61st Avenue and SW 63`a Court The City intends to " piggyback7' on SFRC &D's current contract with the Village of Pinecrest. SFRC &D will provide professional engineering and construction management services to include, canal sediment testing, design, preparation of construction plans, bid phase services and construction phase management. The services will be funded through Disaster # 1345 agreement with FEMA for project numbers 724 -0 and 725 -0. The current account balance for both projects is a total of $969,622.06. ., T1111 MMI� Page 2 of 2 Agenda Item... Nov. 4, 03 RECOMMENDATION: It is recommended that the City Commission approve funding for the work to be performed ATTACHMENTS: • Proposed Resolution • Professional Engineering Services Work Order ❑ Map of project area ❑ Copy of Village of Pinecrest's agreement with SFRC &D RESOLUTION NO. , A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A SERVICE WORK ORDER TO SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. (SFRC &D) FOR PROFESSIONAL ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, TO INCLUDE, CANAL SEDIMENT TESTING, DESIGN, PREPARATION OF CONSTRUCTION PLANS, BIDDING AND CONSTRUCTION PHASE MANAGEMENT SERVICES FOR THE BROAD CANAL` IMPROVEMENTS (FEMA's PROJECT NUMBERS 724- 0 & 725 -0, DISASTER # 1345, P.A. ID 025- 67550 -00), IN AN AMOUNT OF $165,000.00 TO BE CHARGED TO FLORIDA EMERGENCY MANAGEMENT AGENCY (FEMA) DISASTER NUMBER 1345 AND RELIEF FUNDING, ACCOUNT NUMBERS 110- 0000 - 132 -2071 AND 110- 0000 -132 -2072; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of South Miami, Florida, wishes to use the professional services of SFRC &D, to provide canal sediment testing, prepare design plans, obtain permit, provide bid and construction phase management services for Broad Canal Improvements; and WHEREAS, the City will "piggyback" on SFRC &D's current contract with Village of Pinecrest; and WHEREAS, the proposed services will be funded through Disaster # 1345 funding agreement FEMA for approved Project Numbers 724 -0 and 725-0. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1: The City Manager is authorized to execute a Work Order with SFRC &D for professional services in connection with canal sediment testing, prepare design plans, obtain permit, provide bid and construction phase management services. for Broad Canal Improvements in an amount of $165,000.00 to be charged to account numbers 110- 0000 132 -.2071 and 110- 0000432 -2072. Section 2: That the attached proposal, Professional Service Work Order, be made a part of the resolution. Section 3: This resolution shall be effective immediately. PASSED AND ADOPTED this day of 2003. ATTEST: APPROVED: City Clerk Horace Feliu, Mayor READ AND APPROVED AS TO FORM: CITY ATTORNEY Commission Vote: Mayor Feliu; Vice Mayor Russell: Commissioner McCrea: Commissioner Bethel:' Commissioner Wiscombe: 1 ' ' P!, MP7 t . �iarvsi -Dq� t _m ®e SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT Council, INC. co 16600 SW 2881h Street Suite 402 Homestead, FL 33033 -1239 Phone: (306) 246 -4319 Fax: (305) 246 -2473 www.sfrcd.org �® cv 6 October 17, 2003 Oe W. Ajibola Balogun, REM Public Works Director City of South Miami 4795 SW 75th Avenue Miami, FL 33155 Dear Mr. Balogun, To assist the City of South Miami with the repair and restoration of the Broad Canal, the South Florida Resource Conservation & Development Council, Inc. (SFRC &D) is pleased to provide a copy of our Professional Services Agreement (dated October 6, 2003) with the Village of Pinecrest, as requested. We are presently working under this agreement with the Village and have begun the sediment sampling and survey work in advance of completing the; engineering design drawings. The Village's Public Works Director (Maria Fernandez - Porrata) is our point of contact for the SW 70th Avenue Canal flood Control Improvement Project with the Village and is aware of your desire to "piggy- back" their contract with us: We are also three (3) updated proposals for the work required in the Broad Canal for your review and comment. Should you have any questions don't hesitate to call me or Jose Olivo at (305) 246- 4319. The SFRC &D looks forward to being of service to the City of South Miami in this important flood control improvement project. Respectfully regory Garvey Executive Director Cc: Maria Fernandez - Porrata, Village of Pinecrest Public Works Director SFRC® /City of South Miami �. tloicaene -OQ�e ! Broad canal SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT ® COUNCIL, INC. AL 15600 SW 288"' Street Suite 402 Homestead, FL 33033 -1239 Phone: (305) 246 -4319 Fax: (305) 245 -2473 www.sfrcd.org oy� �Q,oQ Proposal For: Broad Canal Flood Control Improvement Project City of South Miami Miami -Dade County, FL The South Florida Resource Conservation and Development Council, Inc (SFRC &D) is pleased to provide, to the City of South Miami, our proposal for project management and professional engineering services for the Broad Canal Flood Control Improvement Project. Our proposal outlines and describes the scope of work to be performed for each task with the corresponding fee compensation' for services rendered. Please note that the total fee compensation reflected in this proposal does not include the cost of the actual construction work. The SFRC &D, a non- profit licensed engineering corporation offers competitive engineering and project management services to municipalities and county government in the South Florida area. Our ''professional capabilities and past work experience with secondary canal repair and mitigation projects will allow this project to be up and running in the shortest possible timeframe at the lowest cost. The SF'RC &D is prepared to provide complete "turn -key" services to the City of South Miami to insure the successful completion of this project. We welcome the opportunity to be of service to the City of South Miami. Attached to this proposal you will find a breakdown of proposed fees per canal segments, a breakdown of our fee calculation and man- hours, project schedule, project area location map, and a schedule of billing rates. PROJECT OBJECTIVE The objective of this project is to restore the Broad Canal to its original flow capacity through the removal and legal disposal of accumulated sediments and to accomplish . any needed culvert and embankment repairs required in order to maximize its effectiveness. FEMA and the State of Florida (FDCA) have provided the majority of funding required to repair and restore this canal to its original flow capacity in order to mitigate future flood damage by restoring the canal's capability to adequately transport storm water runoff. EXHIBIT "A.11" 1 of 10 Mo, g 3 e.-. CvvB rmard,, SFRCD1cify of South Miami Broad canal FEMA CANAL PROJECT DATA The Broad canal, as outlined in the FEMA Project Worksheets, is `divided into two (2) segments as shown in the attached Project Area Location Map. These canal segments are identified in the City of South Miami FEMA work sheet and are listed as follows: Estimated , FEMA Est. Dredging Embankment PW Location Length (ft) Width (ft) Required Repairs Rq'd No. (approx.) (Cy.)* (cY.)* 725 SW 56" St. to SW 64' St. 2,600 89 13,713 3,611 724 SW 61' Ave. to SW 63`d Ct. 1,130 50 5,859 2,093 TOTALS 3,730 19,572 5,704 *Note: Dredging and embankment quantities are estimates only. Actual quantities will be determined from the pre- construction survey provided by the City of South Miami, which was prepared by J. Bonfill & Associates, Inc. (Architects, Land Surveyors & Mappers) dated March of 2003. SCOPE OF SERVICES The following is an outline of the tasks required to complete the work on these canal projects. TASK 1: Perform the Canal Sediment Sampling and Analysis The SFRC &D will retain the services of a qualified environmental engineering consultant to perform canal sediment sampling and analysis. This consultant shall prepare a sediment sampling report per the approved Miami -Dade County DERM sampling and analysis protocol This report will serve to document (1) the level of contaminants to insure the safety of workers and the public, (2) the physical nature of the sediments which will be used to determine the type of equipment and handling methods that will be used to perform the dredging work. One (1) composite sample consisting of six sub - samples will be collected and analyzed for water content and solids content to determine in -situ volume to weight ratio. The composite sample will also be analyzed for the following parameters on a' dry weight basis: (8) RCRA Metals, Total (8) RCRA Metals, TCLP Organic Pesticides, EPA Method 8081` Hydrocarbons FL -PRO PH PCB's, EPA Method 8082 EXHIBIT "A -1" 2 of 10 SFRMICity of South Walni Broad canal Geotechnical Parameters: L Grain size distribution ii. Atterberg limits iii. Total Organic Carbon iv. Total Inorganic Carbon If the results of the sediment testing for TPH exceed the Miami -Dade County DERM Interim Clean Soil Criteria of 50 mg /kg, 'additional analyses for Total Volatile Organic Aromatics. (via EPA Method 80216) and Total Polynuclear Aromatic Hydrocarbons (via EPA Method 8100) maybe required. The consultant collecting the samples will have a current 'Florida Department of Environmental Protection (FDEP) approved Comprehensive Quality, Assurance Plan (CompQAP). The laboratory analyzing the samples will have a Florida HRS certification and a current FDEP approved CompQAP. Deliverables: ® (2) hardcopies of the 'Sediment Sampling and Analysis Report TASK 2: 'Review of the Canal Field Survey Drawings SFRC &D has received a hardcopy of the canal field survey from the City of South Miami prepared by J. Bonfill & Associates, Inc. dated March of 2003. The SFRC &D will review the canal field survey to determine sufficiency of survey data provided. SFRC &D will retain the services of a surveying consultant registered in the State of Florida to perform revisions to the existing survey, provide additional survey information, and as -built survey information as required. Please note that the fee ; compensation outlined in this proposal for Task 2, only includes SFRC &D's review time. Any additional work related to survey field work and managementicoordination of survey work will be performed and invoiced on an hourly basis. TASK 3: Perform Canal Engineering Design and Prepare Construction Plans a) Upon receipt of an electronic copy (AutoCADD version 14 or higher) of the canal survey' performed by J. Bonfill & Associates, Inc., the SFRC &D shall prepare' 60% and 100% design plans for review and comment on 24x36 size sheets in AutoCAD software version 2002. b) The SFRC &D shall request and obtain available as -built information from utility companies, WASD City of South Miami, DERM, and Miami -Dade County Public Works. c) The SFRC &D shall prepare and submit a Canal Embankment Repair & Recommendations Report for review by the City of South Miami. This report shall include construction repair details for any canal embankment that requires repair. The construction repair details will be prepared in accordance with approved engineering practices. d) The SFRC &D shall prepare a 'spreadsheet of the sediment volume calculations of the sediment to be dredged. EXHIBIT "A -1" 3 of 10 ., :;. . ,. x -.. k ..;.. +, •.:. .Y„ .,.. =t x.. s�.s .", .2 . '-'v�,^x' ,;. S. :,9 _ .:."� ;°F,'..i�i+' `°.` ` °i- s;,F >�'�,r5m' `7' .'.r P,? .: SFRCDICI£ry of SOUM Miami Broad canal , e) The SFRC &D shall prepare and submit an engineering report containing an assessment of all culverts and headwalls including appropriate repair recommendations. This engineering report shall contain photos of selected areas of the canal, an evaluation of existing headwall and culvert conditions, the flow capacity of canal culverts, recommended repair and replacements, and a preliminary engineer's estimate of construction costs. f) Construction plans will include the following: o Title b locks shall include at a minimum: a revision block, the SFRC &D & the City of South Miami logos, the 'sheet title, the sheet number, and the Engineer's signature block and license number. • Cover sheet shall include: the project location map (referencing both Florida and Miami - Dade County), the project name, the SFRC &D project number, the SFRC &D & City of South Miami logos, miscellaneous information, and the index of drawings. • Key Plan sheet shall include: the plan view of the project, the segment number and delineation, the length of each segment surveyed, all street names of adjacent roadways, sheet layout, hydrographic and canal baseline survey control data and notes, a summary table of the sediment volumes (CY) for each segment and associated length, legend & symbols. • Engineer's General Notes sheet • Plan and profile views (on the same sheet) • Plan views shall include: -Plan views at a drawing scale: 1" = 30' (horiz.) w/ baseline and stations. North arrow Canal R/W lines, easement 'lines, and /or canal reservation lines. -Lot lines and property lines - Existing top of bank delineation - Existing canal centerline Limits of water's edge Existing pipe outlets to canal (size, invert & material) -Canal utility crossings (eg.: canal aerial crossings) - County Section Lines (that exist within the canal RAM). - General obstructions and above ground features( eg.: signs, posts, fences, landscaping, overhead utility lines, poles, inlets, swales, manholes, utility castings, curbs, guardrails, structures, walls, etc.) that fall' with -in the affected canal R/W limits, TOB EXHIBIT " -1" 4 of 10 SFRCDICIty of Smdh Miami Broad canal limits, edge of pavement or residential property limits (whichever is widest). - Existing headwalls and canal culverts - Roadway, bridge or other canal crossings with dimensioned R/W limits and topographical features surrounding the culvert transection to include roadways, sidewalks, outfalls, road drainage, grading, .manholes, signs, guardrails, fences, water and sewer valves, vegetation and any other feature affected. - Intersecting and parallel roadways w /street names. Matchlines Profile views shall include: - Drawing scale: H: 1" = 30' V: 1" = 3' - Existing canal centerline, top of sediment, limits of dredging (hard or original bottom), water level, and sediment to remain, if any. - Existing culverts (with call outs for size, material and the inverts at both ends). • Canal cross- section sheets shall include: - Drawing scale: H: 1" = 10' V: 1 " =10' -Canal cross- sections at 100 ft. intervals in the longitudinal direction (and at all inlet and outlets of existing culverts, any abrupt changes in canal delineation and at all County Section lines that intersect the canal RAN limits). Above ground features within canal R/W limits, TOB limits or residential property limits. -Water level elevations (including the date that the measurements were taken) - Cross- sectional area (SF) and sediment volume (CY) to be dredged and to remain, if any. Quantities will be determined per the FEMA allowable dredging depth and quantity (CY). In no case will the canal 'excavation or dredging of original canal side slope or bottom ' be indicated on any construction plan, as per FEMA dredge criteria (i.e. only maintenance dredging is to be performed). - Existing top of sediment, limits of dredging (canal hard or original bottom), and sediment to remain, if any. Survey baseline,' maintenance easement lines, canal centerline, RNV lines, top of banks, and any County Section Lines located within the canal R/W). • Embankment Repair Construction Details EXHIBIT " -1" 5 of 10 SFRCD1C1ty of South Miami Broad canal: g) Deliverables: • (2) hardcopies of the canal embankment repair & recommendations report • (2) Hardcopies of the engineering report on culvert and headwall assessments and repair recommendations. • (2) Black line hardcopies (24x36) of the 60% plans (includes cover sht., key plan, general notes,' plan views and x- sections) to the City of South Miami for review and comment. • (2) Black line hardcopies (24x36) of the 100% plans (includes profile views and embankment construction repair details) to the City of South Miami for review and comment. • (3) Signed and sealed (24x36) final approved 100% plans to the City of South Miami. • (1) CD containing an electronic copy of the final approved plans to the City of South Miami. PLEASE NOTE THAT THE CANAL CROSS - SECTION DRAWING INFORMATION PROVIDED BY THE CITY OF SOUTH MIAMI AND PREPARED BY J. BONFILL & ASSOCIATES, INC., (ARCHITECTS, LAND SURVEYORS AND MAPPERS) WILL BE', USED ACCORDINGLY AS A BASIS FOR DRAFTING AND DESIGN IN AN EFFORT TO REDUCE PROJECT COSTS IN RE- CREATING CROSS- SECTION DRAWINGS. Task 4: Conduct the Bidding & Award of the Construction Contract a) Prepare an Engineer's estimate of the total construction costs b) Prepare the bid package /construction ` contract/technical specifications and submit to City of South Miami for review and approval. c) Advertise for bids d) Conduct a pre -bid conference. e) Prepare addenda to bid documents, as required. f) Conduct the bid; opening. g) Prepare the bid tabulation, evaluation and recommendation for award to City of South Miami.' h) Prepare and issue the Notice of Award and Authorization to Proceed documents. i) Deliverables: • (2) Hardcopies and (1) electronic copy of the bid package material in Excel and /or Microsoft Word format (8.5x11). The issuance of bids and the award of the contract will be performed directly through the SFRC &D in cooperation with the City of South Miami. EXHIBIT "A -1" 6 of 10 SFRCDICity of South Miami Broad canal . Task 5:. Construction Management The construction management task shall consist of the supervision and inspection of the dredging of the canal sediment, bank stabilization, transportation and final disposal of all dredged materials. The following is a listing of subtasks that will be performed under the Construction Management Task: a) Conduct a pre - construction conference b) Perform daily construction inspection of the work site c) Prepare and issue weekly progress reports to the City of South Miami d) Prepare change orders and design modifications as required e) Review and process contractor's applications for payments (i.e. progress payments) f) Review of as -built information, provide as -built drawings and project closeout documentation upon completion of the construction work The issuance of payments to the Contractor for construction will be performed directly through the SFRC &D in cooperation with the City of South Miami. These payments are in addition to the fee compensation specified below. FEE COMPENSATION TASK 1: Canal Sediment Sampling Cost for all (2) FEMA Segments... ... .......... ..................$11,000.00 ** TASK 2: Review of Canal Field Survey Drawings Cosh for all (2) FEMA Segments... ...............` ......................$5,800.00 TASK 3: Canal Engineering Cost for all (2) FEMA Segments .......................... ....................$71,100.00 TASK 4: Bidding & Award Cost for all (2) FEMA Segments......... ....... ............$12,400.00 TASK 5: Construction Management Not to exceed cost for all (2) FEMA Segments ...... .....................$64,700.00 **Fees are preliminary estimates for budget purposes and are subject to adjustment when actual bids for services are received by the SFRC &D. BROAD CANAL GRAND TOTAL (NOT TO EXCEED) .............. $165,000.00 i I EXHIBIT "A -1" 7 of 10 SF CDfC4 of South Miami Broad canal PERIOD OF PERFORMANCE The SFRC &D shall begin work upon receipt of a written notice to proceed, pursuant to the execution of a mutually agreed upon professional services contract with the City of South Miami. SFRC &D will provide a project schedule for the outlined services. The SFRC &D will complete the project in conformance with all local, state and federal agencies having jurisdiction. The SFRC &D will pursue the work diligently and provide sufficient staff to supervise the completion of the work in accordance with the approved project schedule. CLARIFICATIONS. EXCLUSIONS AND LIMITATIONS a) Preparation of maintenance of traffic plans is not included in this proposal and will be the responsibility of the construction contractor. b) Regulatory Assistance: All required permitting and the labor required to prepare the subject forms for this project will be performed on an hourly basis. It is anticipated that permitting is required from Miami -Dade County DERM. All application and permit fees will be paid directly by the City of South Miami or will be reimbursed to the SFRC &D by the City of South Miami. - c) The above cost estimate does not include traffic studies or geotechnicaf services. d) Typical out of pocket expenses such as the cost of local transportation, long distance telephone, postage and shipping and internal printing and reproduction are included in our fee. Printing for regulatory agencies, bidding and construction, as well as other printing requested by the client, will be charged at cost. Costs of overnight mail or courier services, if required, will be reimbursed at cost. e) It is our intent to prepare invoices on a bi- weekly basis for services rendered during that period. Invoices are due and payable within 15 days of receipt. ADDITIONAL SERV ICES Should additional work be required beyond the scope of services outlined above, such shall be considered' additional ;services. When additional services are required, they shall be invoiced as per the Schedule of Billing rates provided in this proposal. EXHIBIT "A-11" 8 of 10 �,� � �.z . SFRCDIC!ty of S®uM Miami Broad canal SFRC &D Billing Rates LABOR CATEGORY HOURLY RATE Executive Director /Coordinator (Principal) $110.00' Project Manager (P.E.) $90.00 Senior Engineer (Civil) $76.00 Project Engineer $70.00 -On -site Const. Mgr. $47.00 Part -Time Asst. Const. Mgr. - $35.00, CAD Drafter $56.00' Financial Management/Contract Specialist $45.00 Administrative Assistant $35.00 SFRC &D' Standard Charges Photocopies $0.10 ea. Blueprints' @ cost Bond Plots $3.50 ea. Vellum Plots $7.50 ea. Mylar Plots $12.50 ea. Color Plots (size up to 36x48) $23.50 ea. Color Copies @ cost Courier @ cost Express Mail (overnight) @,cost Out -of -Town Travel Expenses @ cost Billing rates and standards charges shown above are in effect until January 2004, and are subject to revision thereafter. EXHIBIT -1 9$ 9 off¢10 y yp py p/ p q/ y�"yryA ('° 11 ' g.+'G'F Gf QfP VV �V WVV6/Y W¢fg 8' @, `•,i/w�+ e'Bi.IF NIPiJ G/F.O NY/�.. v.. SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. Broad Canal Flood Control Improvement Project ` FEMA CANAL PROJECTS IN THE CITY OF SOUTH MIAMI BREAKDOWN OF SFRC&D PROPOSED FEES PER CANAL SEGMENTS Canal Segment Total FEMA NO. �. -; 7' �ana� Irr $ 7,667.56 $ 3,332.44 $ 11,000.00 r t.. £: $ 4,042.90 $ 1,757.10 $ 5,800.00 l $ 49,560.32 $21,539.68 $ `71,100.00 $ 6,200.00 $ 6,200.00 1 $ 12,4050 n - $ 45,099.20 $197600.80 $ 64,700.00 Total All Tasks $112,569.97 $52,430.03 $165,000.00 FEMA cost breakdown per canal segments EXHIBIT "A -1" 10 Of 10 P,a"" �yr"s- �Y,- es � ��` ,r r „-� � s , :- .�..�..;�. _.wr-��- ---..a � °-z- 'y'.,,�"^” : -:':zr ,v;= �-;.;'F�t� ��, i., �, -.�5�,3;�.,rF�q,a..F";z"'h�kr.� n •;;_. �? ate., AF NOTICE TO PROCEED Ala e o . PINECREST TO: Gregory Garvey, Executive Director South Florida Resource Conservation & Development Council, Inc. 15600 Southwest 288 Street, Suite 402 Homestead, Florida 33033 -1239 PROJECT DESCRIPTION: 2003 -2004 70`x' Avenue Canal Flood Control Improvement Project. The Village has considered the Proposal submitted by you for the above described work in response to its request for proposals: You are hereby notified to commence .work on or before: October 7, 2003, and you are to complete the work on or before July 30, 2004. Village of Pinecrest r BY: —1 Maria Fernandez-Porr4fa Public Works Director Date: ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by on this —7 day of r , 2003. BY: r CA U-1- (� ) TITLE: L 11551 SOUTH DIXIE HIGHWAY, PINECREST, FLORIDA 33156• (305) 234 -2116 • FAX: (305) 234 -2119 • E -MAIL: publicworks @pinecrest -fl.gov ...:.^.'s*'r'°'. e ,. ,. _, r , .. ,.. ... ;'=, '.;'�. ,,,„ '�';; .o 'i'_;'�'� �..."�'."3"�'�,., .�... , .�u"'_"'s'", 'r�, , ^.re?a"wr^ �.::-.; �a.�i �^« • —+��,. �'m- °s=,'G+��'°E-?� =� �s „v,';, PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT, [the "Agreement'] by and between the VILLAGE of Pinecrest, an incorporated municipality within Miami -Dade County Florida, the its governing body, the VILLAGE Council of Pinecrest [hereafter sometimes referred to as "VILLAGE "] and the South Florida Resource Conservation and Development Council, Inc., a Florida Corporation, hereafter referred to as the "Project Manager ". WITNESSETH: For and in consideration of the mutual agreements hereinafter contained, the VILLAGE hereby retains the Project Manager and the same hereby covenants to provide the professional services prescribed herein in connection with the SW 70th Avenue Canal Flood Control Improvement Project specified in Exhibit A to this Agreement and incorporated herein by reference. SECTION 1 —VILLAGE OBLIGATIONS The VILLAGE Manager or the - VILLAGE Manager's Designee (hereafter referred to as Designee) shall furnish to the Project Manager' any plans and other data available in the VILLAGE records pertaining to the work to be performed under this Agreement. Information shown on such plans or data shall be that which has been made available to the VILLAGE, and shall be provided to the Project Manager without guarantee regarding its reliability and accuracy. The Project Manager shall be responsible for independently verifying such information if it shall be used by the Project Manager to accomplish the work undertaken pursuant to this Agreement. The VILLAGE Manager or Designee shall issue written authorization to proceed to the Project ` Manager for the work to be performed hereunder. In case of emergency, the VILLAGE reserves the right to issue oral authorization to the Project Manager with the understanding that written confirmation shall follow immediately thereafter. The VILLAGE Manager or the Designee shall confer with the Project Manager before any Notice to Proceed is issued to discuss and agree upon the scope, time for completion, and fee for services to be rendered pursuant to this Agreement. SECTION 2 — PROFESSIONAL' SERVICES Upon receipt of a Notice to Proceed from the VILLAGE Manager or Designee, the Project Manager agrees to perform professional services associated with the requested work in accordance with Exhibit A to this agreement. Said services may include, but shall not necessarily. be limited to: oversight and coordination of , engineering, construction management, surveying, contract administration and record keeping, approving and recommending requisitions for compensation, and generating completion certificates of work performed to assure compliance with Federal, State, County and VILLAGE guidelines pertaining to this task on behalf of the VILLAGE. In connection with professional services to be rendered pursuant to this Agreement, the Project Manager further agrees to: A. Maintain an adequate staff of qualified personnel to ensure its completion within the term specified in the applicable Notice to Proceed. B. Comply with all Federal, state and local laws or ordinances applicable to the work: C. Cooperate hilly with the VILLAGE in the scheduling and coordination of all phases of the work. D. Report the status of the work to the 'VILLAGE Manager or Designee upon request and hold pertinent data,. calculations, field notes, records, sketches, and other products open to the inspection of the VILLAGE Manager or Designee or their authorized agent at any time. E. Submit for VILLAGE review computations, sketches, and other data representative of the work's progress. F. Confer with the VILLAGE at any time during the further development and implementation of improvements for which the Project Manager has provided design or other services as to interpretation of plans and other documents,, correction of errors and omissions and preparation of any necessary plan thereof. The Project Manager shall not be compensated for the correction of errors and omissions on the part of Project Manager. SECTION 3 TIME FOR COMPLETION The services to be rendered by the Project Manager shall' commence upon receipt of a written Notice to Proceed from the VILLAGE Manager or Designee subsequent to the execution of this Agreement, and shall be completed within the time stated in the Notice to Proceed. A reasonable. extension of time shall be granted in the event there is a delay on the part of the VILLAGE in fulfilling its part of the Agreement or should a Force Majeure, as defined in Section 4 hereof, render performance of the Project Manager's duties impossible. SECTION 4 - FORCE NIAJEURE Force Majeure shall mean an act of God, _epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil, disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights and obligations under this Agreement, and which, by the exercise of due diligence, such parties shall not have been able to avoid: No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations, but the obligation of the party or parties relying on such Force Majeure' shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or ,uncontrollable event, and such cause shall, so far as possible, be remedied with all reasonable dispatch. It is further agreed and stipulated that the right of any party hereto excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving, to the other party or parties, written notice of its assertion that a Force Majeure delay has commenced within ten (10) working days after such commencement, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non - performance as caused by Force Majeure unless the failure to give timely notice causes material prejudice to the other party or parties: SECTION 5 - COMPENSATION The Village ;agrees to pay and the Project Manager agrees to accept, for services rendered pursuant to this Agreement, fees and other compensation computed in accordance with one or more of the methods outlined below: A. Fee Based on Direct Salary Cost and Fixed Hourly Rates The VILLAGE agrees to pay for services rendered to the VILLAGE by SFRC &D personnel pursuant to this Agreement, in accordance with the labor rates shown in Exhibit A of this Agreement. B Lump Sum Fee The fee for any requested portion. of work, including but not limited to surveying and sediment sampling, may at the option of the VILLAGE, be a lump sum mutually agreed upon by the VILLAGE and the Project Manager and stated in the written Notice to Proceed. Lump sum fees mayor may not include reimbursable expenses. C. Reimbursable Expenses The Project Manager shall be compensated for certain work - related expenditures not covered by fees for engineering services, provided such expenditures are previously authorized by the VILLAGE Manager or Designee. Reimbursable expenses may include: Expenses for document reproduction, rental of specialized equipment, and purchase of special instruments necessary for the efficient performance of the work, provided that such instruments remain the property of the VILLAGE upon work completion. These expenses shall be reimbursed on a direct cost basis. SECTION 6 - METHOD OF PAYMENT The VILLAGE agrees to make periodic payments to the Project Manager by the 15'h and the 30ffi' of each month for all authorized work performed during the mutually agreed invoicing' period. The Project Manager agrees to provide copies of any records necessary to substantiate payment requests to the VILLAGE by the dates established by the VILLAGE (assumed to be approximately 10 days prior to the invoice date) to allow for sufficient time for review and approval. Payments shall be made in accordance with the following method: A. Professional Fees and/or Reimbursable Expenses I . The Project Manager shall submit duly; certified invoices to ` the VILLAGE Manager or Designee.' Each invoice shall be referenced to the Notice to Proceed, which authorized the services'' performed and/or expenses incurred. 2. The ainount of invoices submitted shall be comprised of the amounts due for all services performed and/or reimbursable expenses incurred to date in connection with authorized work, less previous payments. The amounts` due shall be calculated' in accordance with Exhibit A to this agreement. Reimbursable expenses must be substantiated by copies of receipts and other documentation as necessary. B. Lump Sum Fee I . The - Project Manager shall submit duly certified invoices to the VILLAGE Manager or Designee. Each invoice shall be referenced to the Notice to Proceed, which authorized the services performed. 2. The amount due of invoices submitted shall be calculated by applying the percentage of the total work completed to 'date to the authorized lump ' sum, and subtracting any previous payments. SECTION 7 = RIGHT OF DECISIONS All services shall be performed by the Project Manager to the satisfaction of the VILLAGE` Manager or Designee who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement; the prosecution and fulfillment of the services hereunder, and the character, quality, amount and value thereof. The VILLAGE Manager or Designee's decisions upon' all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. In the event the Project Manager does not concur with the decisions of the VILLAGE Manager 'or Designee, the Project Manager shall present any such , objections in writing to the VILLAGE Manager. The VILLAGE Manager or Designee and the Project Manager shall abide by the decisions of the VILLAGE Manager. This paragraph does not constitute a waiver' of any party's right to proceed to arbitration utilizing the rules of the American Arbitration Association: 4 SECTION- 8 - OWNERSHIP OF DOCUMENTS All reports, tracings, plans, specifications, maps, contract documents, and/or other data developed by the 'Project Manager pursuant to this Agreement shall become the property of the VILLAGE without restrictions or limitations upon their use and shall be made available by the Project Manager at any time upon request by the VILLAGE. Reuse of such data by the VILLAGE for any purpose other than for which prepared shall be at the VILLAGE'S sole risk. When the work requested pursuant to this Agreement is completed, all of the above data shall be delivered to the VILLAGE Manager or Designee. SECTION 9 - NOTICES Any notices required under this agreement from the Project Manger shall be considered delivered when posted by certified mail, express delivery, or delivered in person to the VILLAGE Manager or Designee. Any notices required under this agreement from the VILLAGE to the Project Manager shall be considered delivered when posted by certified mail or express delivery to the Project Manager at the last address left on file with the VILLAGE, or delivered in person to said Project Manager or the Project Manager's representative. SECTION 10 —ABANDONMENT In the event the VILLAGE causes abandonment, cancellation; or suspension of the projects of parts thereof, the Project Manager shall be compensated for all services rendered consistent with terms of this Agreement up to the time the Project Manager receives written notification of such abandonment, cancellation or suspension. SECTION 11 AUDIT RIGHTS The VILLAGE reserves the right to audit the records of the Project Manager related to this Agreement at any time during the prosecution of the work included herein and for a period of one (1) year after final payment is made. The Project Manager agrees to provide copies of any records necessary to substantiate payment requests to the VILLAGE. SECTION 12 :— SUBCONTRACTING The Project Manager may subcontract work under this Agreement and shall in writing advise the VILLAGE Manger or Designee accordingly. - SECTION 13' WARRANTY The Project Manager warrants that no VILLAGE personnel, whether full -time or part-time employees, has or shall be retained or employed in any capacity, by the Project Manager or the Project Manager's approved sub- contractors, to accomplish the work 'contemplated under the terms of this Agreement. 5 SECTION 14 — TERMINATION OF AGREEMENT It is expressly understood and agreed that the VILLAGE Manager or Designee may terminate this Agreement, in total or in part, with cause, by thirty (3 0) days prior written notification, in which event the VILLAGE's sole obligation to the Project Manager shall be payment, in accordance with Section 5 — Compensation. SECTION 15 — DURATION OF AGREEMENT This Agreement shall remain in -fiall force and effect fora period of two (2) years effective terra with the .option of one (1) year extension unless terminated by mutual consent of the parties hereto or as provided in Section 10, Section 13, Section 14, and Section 16, hereof. The performance of specifically and properly authorized services may extend beyond the Agreement's three -year effective term and shall be compensated in accordance to Section 5 hereof. SECTION 16 — DEFAULT In the event the Project Manager fails to comply with the provisions of this Agreement, the VILLAGE Manager or Designee may declare the Project Manager in default by thirty (30) days prior written notification. In such event, the Project Manager shall only be compensated for any completed professional services. In the event the VILLAGE prevails in litigation to enforce the provisions of this Agreement, the VILLAGE shall be compensated by the Project Manager for reasonable attorney's fees and court costs, including costs of appeal. SECTION 17 - INDEMNIFICATION AND INSURANCE Provider shall indemnify and hold harmless the' VILLAGE and its respective officers, employees, agents and instrumentalities from any and all liability, losses, including attorneys' fees and cost of defense, which the VILLAGE and its respective officers, employees, agents or instrumentalities may incur as a'result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or:' nature in the name of the VILLAGE, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection_ required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the VILLAGE and their respective officers, employees, agents and instrumentalities as herein provided. The Project Manager shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the VILLAGE. The Project Manager shall maintain during the term of this Agreement the following insurance: 6 A. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. B. Professional Liability Insurance in the amount of $2,000,000 with deductible per claim, if any not to exceed ten percent (10 %) of the limit of liability providing for all sums which the Project Manager shall become legally obligated to pay as damages for claims arising out of the services performed by the Project Manager or any person employed by the Project Manager in connections with this Agreement. C. Public Liability Insurance, on a comprehensive. basis, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. The policy must be endorsed to show VILLAGE as additional insured. D. Worker's Compensation Insurance in compliance with Chapter 440, Florida - `Statutes, as presently written or hereafter amended. All insurance policies must be issued by companies authorized to do business under the laws of - the State of Florida, The companies must be rated no less than "B" as to management and no less than "Class V"' as" to strength by the latest edition of Best's Insurance Guide, published by,A.M. Best Company, Oldwck, New Jersey, or its equivalent, subject to the approval of the VILLAGE, or, the companies must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida.", issued by the State of Florida Department of Insurance and be members of the Florida Guaranty Fund. The Project Manager shall furnish certificates of insurance to the VILLAGE prior to the commencement of operations. These certificates shall clearly indicate that the Project Manager has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the VILLAGE. Compliance. with the foregoing requirements shall not relieve the 'Project Manager of the liabilities and obligations under this Section or under any other portion of this Agreement, and the VILLAGE shall have the right to inspect the original insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverages. SECTION 18 — ENTIRETY OF AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements` and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded hereby. T r �r No alteration, change, or modification of the ,terms of this Agreement shall be valid unless made in writing, signed by both parties hereto, and approved by the. VILLAGE Council of Pinecrest County of Miami -Dade, Florida. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida, and venue shall be in Miami -Dade County, Florida. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2003 ATTEST: For th illa e o inecr st LCLE Village Manager ATTEST: For the South Florida Resource Conservation and Development Council, Inc. JTARY ��PgY pUA SEAL Im . iMISSION NUMBER DDI-01178 MY COMMISSION WIRES B V -r / aT_ FI-0 MAR. 9,2006 y Treasurer I Cl 8 SW 7e Ave. Canal Z-7 674 ...... SOUTH FLORIDA RESOURCE CONSERVATION a DEVELOPMENT COUNCIL, INC. 15600 SW 288' Street Suite 402 Homestead, FL 33033 -1239 Phone: (305) 246 -4319 Fax: (305) 245 -2473 www.sfrod.org S.W. 70th Avenue Canal Flood Control Improvement Project Village of Pinecrest Miami -Dade County, FL PROJECT OBJECTIVE The objective of this project is to restore the SW 70th Avenue Canal to its original design and to accomplish any needed culvert and embankment repairs required in order to maximize its 'effectiveness. FEMA and the State of 'Florida (FDCA) have provided the majority of funding required to repair " and restore this canal to its original design in order to mitigate future flood damage by restoring the canal's capability to adequately transport storm water runoff. FEMA CANAL PROJECT DATA The S.W. 70 Avenue canal, as outlined in the Miami -.Dade County Secondary Canal Repairs FEMA Project, is divided into nine (9) segments as shown in the attached Project Area Map. These canal segments are identified in the Miami -Dade County FEMA work sheet and are listed as follows: Estimated FEMA Est. Dredging Embankment Segment Location Length (ft) Width (ft) Required Repairs Rq'd No. (approx.) (CY.)* (CY.)* -569 SW 104 St. to SW 107 St. 1,130 60 4,017.78 1,569.44 570 SW 104 St. to SW 110 St. 1,770 42 7,709.33 3,277.78 565 SW 110 Terr. to SW 115 St. 1,160 60 4,124.44 1,611.11 556 SW 115 St. to SW 120 St. 1,630 150 14,488.89 2,263.89 554 SW 126 St. to SW 133 St. 2,400 50 12,444.44 4,444.44 555 SW 69 P(. to SW 71 Ct 780 60 2,773.33 1,083.33 557 SW 69 Ave. to SW 70 Ave. 860 42 3,745.78 1,592.59 571 SW 70 Ave. to SW 73 Ct. 1,620 52 8,736.00 3,000.00 568 SW 98 St. to SW 104 St. 2,090 50 10,837.04 3,870.37 TOTALS 13,440 68,877.03 22,713.28 *Note: Dredging and embankment quantities are estimates only. Actual quantities will be determined after completion of the pre - construction survey. Exhibit "A" Page 1 of 10 ZNPRI717"MU� M, W2t 1F, SW 7e Am Canal SCOPE OF SERVICES The following is an outline of the tasks required to complete the work on these canal projects. TASK 1: Perform the Canal Sediment Sampling and Analysis The South Florida Resource Conservation & Development Council, Inc. (SFRC &D) will retain the services of a qualified environmental engineering consultant to perform canal sediment sampling and analysis. This consultant shall prepare a sediment sampling report per the approved Miami - Dade County DERM sampling and analysis protocol. This report will serve to document (1) the level of contaminants to insure the safety of workers and the public, (2) the physical nature of the sediments which will be used to determine the type of equipment and handling methods that will be used to perform the dredging work. A total of (4) composite samples will be collected and analyzed for water content - and solids content to determine in -situ volume to weight ratio. Each composite sample will also be analyzed for the following parameters on a dry weight basis: (8) RCRA Metals, Total (8) RCRA Metals, TCLP Organic Pesticides, EPA Method 8081 Hydrocarbons FL -PRO PH PCB's, EPA Method 8082 Geotechnical Parameters: L Grain size distribution ii. Atterberg limits iii. Total Organic Carbon iv. Total Inorganic Carbon If the results of the sediment testing for TPH exceed the Miami. -Dade County DERM Interim Clean Soil Criteria of 50 mg /kg, additional analyses for Total Volatile Organic Aromatics (via EPA Method 8021 B) and Total Polynuclear Aromatic Hydrocarbons (via EPA Method 8100) may be required. The consultant collecting the samples will have a current Florida Department of Environmental Protection (FDEP) approved Comprehensive Quality Assurance Plan (CompQAP) The laboratory analyzing the samples will have a Florida H'RS certification and a current FDEP approved CompQAP: Deliverables: • (2) hardcopies of the Sediment Sampling and Analysis Report Exhibit "N' Page 2 of 10 SW 7e Ave. Canal TASK 2: Perform the Canal Field Survey a) SFRC &D will retain the services of a surveying consultant registered in the State of Florida to produce a hydrographic, baseline and topographical survey for the length and width of the referenced canal within the project boundaries as shown in the attached Project Area Map. b) Survey shall contain all the information 'gathered in the field and stationing of survey baseline with bearing and reference information. c) Survey elevations shall be referenced to the National Geodetic Vertical Datum (NGVD): TASK 3: Perform Canal Engineering Design and Prepare Construction Plans a) . The SFRC &D shall prepare 30 %, 60% and 100% 'progress design plans for review and comment on 24x36 size sheets in AutoCAD software version 2002. - b)' The SFRC &D shall request and obtain available as -built information from utility companies; WASD, DERM, and Miami -Dade County Public Works. c) The SFRC &D shall prepare and submit a Canal Embankment Repair & - Recommendations Report for review by the Village. This report shall include construction repair details for any canal embankment that requires repair. The construction repair details will be prepared in accordance with approved engineering practice. d) The SFRC &D shall prepare a spreadsheet of the sediment volume calculations of the sediment to be dredged e) The SFRC &D shall prepare and submit an engineering report containing and assessment of all the culverts and headwalls including any appropriate repair recommendations. This engineering report shall contain photos of selected areas of the canal, an <evaluation of existing headwall and culvert conditions, the flow capacity of canal culverts, recommended repair and replacements, and a preliminary engineer's' estimate of construction costs. f) Construction plans will include the following: • Title blocks shall include at a minimum: a revision block, the SFRC &D & the Village of Pinecrest logos, the sheet title, the sheet number, and the Engineer's signature block and license` number. Exhibit "A" Page 3 of 10 7 3 1��°r�'iv'✓Y'�' ��' it. �° r' �✓ �ri3ti�li�a ^ ✓'✓ir(`i'Y11✓�iY't�viS I�Lvc�tni'✓`!�L"i.4ix`J:iv' cis.{ Vf� ,Ci"art.#�'Ci'�lC.37��iP.�;. sPFRM13AIlage of Pbecrest SW 70 Ave. Cann" •' Cover sheet shall include: the 'project location map (referencing both Florida and Miami -Dade .County), the project name, the SFRC &D - project number, the SFRC &D & Village logos, miscellaneous information, and the index of drawings. •. Key Plan sheet shall include: the .:plan view of the project,.. the .- segment number and delineation, the length of each segment surveyed, all street names of adjacent 'roadways, sheet layout, hydrographic and canal baseline survey control data and notes, a summary table of the sediment volumes (CY) for each segment and associated length, legend & symbols. Engineer's General Notes sheet • Plan and profile views (on the same sheet) • Plan views shall include- -Plan views at 'a drawing scale: 1" = 30' (horiz.) w/ baseline and stations. - North arrow -Canal R/W lines, easement lines, and /or canal reservation lines. -Lot lines and property lines Existing top of bank delineation Existing canal centerline' - Limits of water's edge Existing pipe outlets to canal (size, invert & material) -Canal utility crossings (eg.: canal aerial crossings) - County Section. Lines (that exist within the canal R/W).. - General obstructions and above ground features( eg.: signs., posts, fences, landscaping, overhead utility lines, poles, inlets, swales, manholes, utility castings, curbs, guardrails, structures, walls, etc.) that fall with -in the affected canal RIW limits, TOB limits, edge of pavement or residential property limits (whichever is widest)'. Existing headwalls and canal culverts - Roadway, bridge or other canal crossings with dimensioned RAM limits and topographical features surrounding the culvert transection to include roadways, sidewalks, :outfalls, road drainage, grading, manholes, signs, guardrails, fences, water and sewer valves, vegetation and any other feature affected. Intersecting and parallel roadways w /street names. Matchlines Profile views shall include: Drawing scale: H: 1" = 30' V: 1 „ = 31 - Existing ,canal centerline, top of sediment, limits of dredging (hard or original bottom), water level, and sediment to remain, if any; Exhibit "A" _ Page 4 of 10 Y SW 700 Ave. Lanai - Existing culverts '(with call outs for size, material and the inverts at both ends). • Canal cross - section sheets shall include: Drawing scale: H: 1" = 20' V: V=20' -Canal cross- sections at 100 ft. intervals in the longitudinal direction (and at all inlet > and outlets of existing culverts, any abrupt changes in canal 'delineation' and at all County Section` fines that intersect the canal R/W limits). -Above ground features within canal R/W limits, TOB limits or residential property limits. -Water level elevations (including the date that the measurements were taken) - Cross - sectional area (SF) and sediment volume (CY) to be dredged and to remain, if any. Quantities will be determined per the FEMA allowable dredging depth and quantity, (CY). In no case will the canal excavation or dredging of original canal' side slope or ! bottom be indicated on any construction plan, as per FEMA dredge criteria (i.e. only maintenance dredging is to be performed). - Existing ; top of sediment, limits of dredging (canal hard -or original bottom), and sediment to remain, if any. Survey baseline, maintenance easement lines„ canal centerline, RM lines, top of banks,` and any iCounty Section Lines located within the canal R/W). • Embankment Repair Co: nstruction Details g) Deliverables: • (2) hardcopies of the canal embankment repair & recommendations report • (2) Hardcopies of the engineering report on culvert and headwall assessments and repair recommendations. • (2) Black line hardcopies (24x36) of the 30% plans (includes cover sht., key plan, general notes, plan views) to the Village of Pinecrest for review and comment: • (2) Black line hardcopies (24x36) of the 60% plans (includes cross- sections) to the Village of Pinecrest for review and comment. • (2) Black line hardcopies (24x36) of the 100% plans '(includes profile views and embankment construction repair details) to the Village of Pinecrest for review and comment: • (3) Signed and sealed (24x36) final approved 100 % plans to the Village of Pinecrest • (1) CD containing an electronic copy of the final approved plans` to the Village of Pinecrest: Exhibit "A" Page 5 of 10 !��ir'r:.i.3'2� -• �- �� ''-- 't.�'�s�,ir�..v,%��s'"v :.•�✓ Yv�t1�.�'s�r, .mod i.�'�r��'L�- .��iGl �✓ G+ r`�c,`lt.Yt�iCGit�.'�'reb.. SFRCD1% %d£age of ft ecr est .SW7e Aye. Casa: Task 4: Conduct the Bidding & Award of the Construction Contract a) Prepare an Engineer's estimate of the total construction costs. b) Prepare the bid package%onstruction contract/technical specifications and submit to Village of Pinecrest for review and approval. c) Advertise for bids d) Conduct a pre -bid conference. e) Prepare addenda to bid documents, as required. f) Conduct the bid opening. g) Prepare the bid tabulation, evaluation and recommendation for award to Village of Pincrest. h) Prepare and issue the Notice of Award and Authorization to Proceed documents. i) Deliverables: • (2) Hardcopies and (1) electronic copy of the bid package material in Excel and/or Microsoft Word format (8.5x11). The issuance of bids and the award of the contract will be performed directly through the SFRC &D in cooperation with the Village of Pinecrest consistent with,the terms of the SFRC &D /Miami- Dade 'County Cooperative agreement. Task 5: Construction Management The construction management task shall consist of the supervision and inspection of the dredging of the canal sediment, bank stabilization, transportation and final disposal of ail dredged materials. The following is a listing of subtasks that will be performed under the Construction Management Task: a) Conduct a pre - construction conference b) Perform daily construction inspection of the work site c) Prepare and issue weekly progress reports to the Village d) Prepare change orders and design modifications as required Exhibit "A" Page 6 of 10 ��u.�r' -- ^war''' �3•'��'E�L&L�',�1;'�;�v4. ?JJ'1l i3Y'v i}cWc� ✓,- r�i E,a,'3:�'iFd/''s.�! £'rir3.s�i' �''�c+3�,sr�3f'i S��'Lir�'!r��iiJ� = z « .;? r ,- i..f �� a?: -.^.e s-r ..._?:�.F— s-��-, z.�;"�'� �"-.r t, *-:°," a ,•. -r-� d;�.?, �s' --:- . -�-a a - - .-�- ,. r,.�,,.?�'TS= "�.,,,�...;. Sir e Ave. Carat e) Review and process contractor's , applications for payments (i.e. progress payments) f) Provide as -built drawings and project closeout documentation upon completion of the construction work The issuance of payments to the Contractor will be performed directly through the SFRC &D in cooperation with the Village of Pinecrest. These payments are in addition to the fee compensation specified below. FEE COMPENSATION TASK 1: Canal Sediment Sampling Not to exceed cost for all (9) FEMA Segments ....... ...................$27,000.00 ** TASK 2 Canal Field Survey Not to exceed cost for all (9) FEMA Segments.... ..............$127,500.00*" TASK 3: Canal Engineering .. $134f-500.00 ............., ... ... Not to exceed cost for all (9) FEMA Segments Task 4: Bidding & Award Not to exceed cost for all (9) FEMA Segments.. ........... ............$20,900.00' Task 5: Construction Management Not to exceed cost for all (9) FEMA Segments.. .. ..$128,000.00 * *Fees are preliminary estimates for budget purposes and are subject to adjustment when actual bids for services are received by the SFRC &D. SW 701h AVE. CANAL TOTAL COST ........ ..... ....................$431,900.00 PERIOD OF PERFORMANCE The SFRC &D shall begin work upon receipt of a signed contractual agreement, pursuant to the execution of a mutually agreed upon professional services contract with the Village of Pnecrest. SFRC &D will provide a project schedule for the outlined services. The SFRC &D will complete the project in conformance with all local, state and federal agencies having jurisdiction. The SFRC &D will pursue the work diligently and provide sufficient staff to supervise the completion of the work in accordance with the approved project schedule. ^Exhibit " " Page 7 of 10 �j yv(Vi�w� 6v'V J6V �l- v�.f�L4iY�..f.Y��S/FV �6v ��t+'YV �r�j f"d ��%�VWVC /�N.1�;�i��S✓�{I�/�.. Itea. *,. —.� , ^'n'^;� r..' w:C'; ': 4"'?c ., - .;asp:r..T`Y' ""`€Fi3°•,' "' .:..; rtT=..W, G"1 s .gym` SMCD -r'Moge ©f rPbe -s$ SW W Aare. Canal CLARIFICATIONS, EXCLUSIONS AND LIMITATIONS a) Preparation of maintenance of traffic plans is not included in this proposal and will be the responsibility of the construction contractor. b) Regulatory Assistance: All required permitting and the labor required to prepare the subject forms for this project will be performed on an hourly basis. it is anticipated that permitting is required from Miami - Dade County DERM, and the South Florida Water management District. All application and permit fees will be paid directly by the Village or will be reimbursed to the SFRC &D by the Village. c) The above cost estimate does not include traffic studies or geotechnicai services. d) Typical out of pocket expenses such as the cost of local transportation, long distance telephone, postage and shipping and internal printing and reproduction are included in our fee. Printing for regulatory agencies, bidding and construction, as well as other printing requested by the client, will be charged at cost. Costs of overnight mail or courier services, if required, will be reimbursed at cost. e) It is our intent to prepare invoices on a semi- monthly basis for services rendered during that period. Invoices' are due and payable within 15 days of receipt. ADDITIONAL SERVICES Should additional work be required beyond the scope of services outlined above, such shall be considered additional services. When additional services are required, they shall be invoiced as per the Schedule of Billing rates ,provided in this _proposal. Exhibit "A" Page 8 of 10 `_';.::, _,. ., s k.,;r„ ,.,.. ., ,.:4 ,s"<`4, r,'^3'rT^L,.3':''e.:;`4.s. r,:'Yn 3. - ,."',, -'i` 'nra„"°:.'r•..ra,P -- 'Y;;,,.a,,'=„'&rmrs 4.,: 3FRWIVillage'of ainecrest SW 7e Ave. Canal SFRC &D Billing Rates LABOR CATEGORY HOURLY RATE Executive Director /Coordinator (Principal) $110.00 Project Manager (P.E.) $90.00 Senior Engineer (Civil) $76.00 Project Engineer $70.00 On -site Const. Mgr. $47.00 Part-Time Asst. Const. Mgr. $35.00 CAD Drafter $56.00 Financial Management/Contract Specialist $45.00 Administrative Assistant $35.00 SFRC &D Standard Charges Photocopies $0.10` ea. Blueprints @ cost Bond Plots $3.50 ea. Vellum Plots $7.50 ea. Mylar Plots $12.50 ea: Color Plots (size up to 36x48) $23.50 ea. Color Copies @ cost Courier @ cosh Express Mail (overnight) @ cost Out -of -Town Travel Expenses @ cost Billing rates and standards charges shown above are in effect until January 2004, and are subject to revision thereafter. Exhibit "A„ Page 9 o 10 o O O O O O O r R O O O O O O O 5 : T N N M N N M a e! p OW O rn M co O " LO O co an. M w _ _ �.' t0.. (O IN (N O N c O N O d tis r M C7h' J M O ( ( r0 NO CO O V M kfl N 6 M O fn r< OR O O O G CR 0 F- WC W O sf CO ai N CF)_ M fA 69. ER 64 - 64 fR a °' 0. LU O Z Q Er r N co? om� > ' e' D U CO. W (tS W Z .,, N N (9 N 07 go Q .1 U. w` N (V I� (V et of LU LL! r CO CA N N F- 0) M 64 6 _ Q 4 6H 69. v - i V> - IL x I " co v ° rco dto W 0 ti o Oo L` 0) `° CC) o t- o ad to Vii; fh tq fD (V (O M J u- Z LL t O OD O 0 C 4', Q' Q O' 4f` r O 0) N N CD W Q Q' go. 0 2 m m r tit vr to ❑ t 03 �.; N d N O N la _ N N M F. t ?�'Z M . • M �x CS�rfk�J'.,' rslart t7y' +?.s e ' Mcs zxV f03� ;Q�rNr art t kf a .r 3.ra,. (Q r � r fir% L±C r �:, r i(= �" •� cb (D IS ltl' tOti a Raw 4 1�.. 1_ PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT, [the "Agreement"] by and between the VILLAGE of Pinecrest, an incorporated municipality within Miami -Dade County Florida, the its governing body, I the VILLAGE Council of Pinecrest [hereafter sometimes referred to as "VILLAGE "] and the South Florida Resource Conservation and Development Council, Inc., a Florida Corporation, hereafter referred to as the "Project Manager ". WITN,ESS'ETHi, For and in consideration of the mutual agreements hereinafter contained, the VILLAGE hereby retains the Project Manager and the same hereby covenants to provide the professional services prescribed herein in connection' with the SW 70th Avenue Canal Flood Control Improvement Project specified in Exhibit A to this Agreement and incorporated herein by reference. SECTION 1 —VILLAGE OBLIGATIONS The VILLAGE Manager or the VILLAGE Manager's Designee (hereafter referred to as Designee) shall furnish to the Project Manager any plans and other data available in the VILLAGE records pertaining to the work to be performed under this Agreement. Information shown on such plans or data shall be that which has been made available to the VILLAGE, and shall be provided to the Project Manager without guarantee regarding its reliability and accuracy. The Project Manager s: hall be responsible for independently verifying such information if it shall be used by the Project Manager to accomplish the work undertaken pursuant to this Agreement. The VILLAGE Manager or Designee shall issue written authorization to proceed to the Project Manager for the work to be performed hereunder. In case of emergency, the VILLAGE reserves', the right to issue oral authorization to the Project Manager with the understanding that written confirmation shall follow immediately thereafter. The VILLAGE Manager or the Designee shall confer with the Project Manager before' any Notice to Proceed. is issued to discuss and agree upon the scope, time for completion, and fee for services to be rendered pursuant to this Agreement. SECTION `2 — PROFESSIONAL SERVICES Upon receipt of a Notice to Proceed from the VILLAGE Manager or Designee, the Project Manager agrees to perform professional services associated with the requested work in accordance with Exhibit A to this agreement. Said services may include, but shall not necessarily be limited to: _oversight and coordination of engineering, construction management, surveying, contract administration and record keeping, approving and recommending requisitions for compensation, and generating completion certificates of work performed to assure compliance with Federal, State, County and VILLAGE guidelines pertaining to this task on behalf of the VILLAGE. T In connection with professional services to be rendered pursuant to this Agreement, the Project Manager further agrees to: A. Maintain an adequate staff of qualified personnel to ensure its completion within the term specified in the applicable Notice to Proceed. B Comply with all Federal, state and local laws or ordinances applicable to the work. C. Cooperate fully with the VILLAGE in the scheduling and coordination of all phases of the work. D. Report the status of the work to the VILLAGE Manager or Designee upon :request and hold pertinent - data,. calculations, field notes, records, sketches, and other products open to the inspection of the VILLAGE Manager or Designee or their authorized agent at any time. E. Submit for VILLAGE review computations, sketches, and other data representative of the work's progress, F. Confer with the VILLAGE at any time during the further development and implementation of improvements for which the Project Manager has provided design or other services as to interpretation of plans and other documents, correction of errors and omissions and preparation of any necessary plan thereof. The Project Manager shall not be compensated for the correction of errors and omissions on the part of Project Manager: SECTION 3 — TIME FOR COMPLETION The services to be rendered by the Project Manager shall commence upon receipt of a written Notice to Proceed from the VILLAGE Manager or ' Designee subsequent to the execution of this Agreement, and shall be completed within the time stated in the Notice to Proceed. A reasonable extension of time shall be granted in the event there is a delay on the part of the VILLAGE in fulfilling its part of the Agreement or should a Force Majeure, as defined in Section 4 hereof, render performance of the Project Manager's duties impossible. SECTION 4 - FORCE MAJEURE Force Majeure shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights and obligations under this Agreement, and which, by the exercise of due diligence,, such parties shall not have been able to avoid. No party hereto shall be liable for its failure to carry out its obligations - under the Agreement during a period when such party is rendered unable, in whole or in part, byForce Majeure to carry out such obligations, but the obligation of the party or parties relying on such Force Majeure ` shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall, so far as possible, be remedied with all reasonable dispatch: It is further agreed and stipulated that the right of any party hereto excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving, to the other party or parties, written notice of its assertion that a Force Majeure delay has commenced within ten (10) working days after such commencement, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non - performance as caused by Force Majeure unless the failure to give timely notice causes material prejudice to the 'other party or parties. SECTION 6 - COMPENSATION The Village agrees to pay and the Project Manager agrees to accept, for, services rendered pursuant < to this Agreement, fees and other compensation computed in accordance with one or more of the methods outlined below: A. Fee Based on Direct Salary Cost and Fixed Hourly Rates The VILLAGE agrees to pay for services rendered to the VILLAGE' by SFRC &D personnel pursuant to this Agreement, in accordance with the labor rates shown in Exhibit A of this Agreement. B. Lump Sum Fee The 'fee for any requested portion of work, including but not limited to surveying and sediment sampling, may at the option of the VILLAGE, be a lump sum mutually agreed upon by the VILLAGE and the Project Manager and stated in the written Notice to Proceed. Lump sum fees may or may not . include reimbursable expenses. C. Reimbursable Expenses The Project Manager shall be compensated for certain work- related expenditures not covered by fees for engineering services, provided such expenditures are previously authorized by the VILLAGE Manager or Designee. Reimbursable expenses may include: Expenses for document reproduction, rental of specialized equipment, and purchase of special _ instruments necessary for the efficient performance of the work, provided that such instruments remain the property of the VILLAGE upon work completion. These expenses shall be reimbursed on a direct cost basis. SECTION 6 — METHOD OF PAYMENT The VILLAGE agrees to make periodic payments to the Project Manager by the 15th and the 30f' -of each month for all authorized work performed during the mutually agreed invoicing period. The Project Manager agrees to provide copies of any records necessary to substantiate payment requests to the VILLAGE by the dates established by the VILLAGE (assumed to be approximately 10 days prior to the invoice date) to allow for sufficient time for review and approval. Payments shall be made in accordance with the following method: A. Professional Fees and/or Reimbursable Expenses 1. The Project Manager shall submit duly certified invoices to the VILLAGE Manager or Designee. Each invoice shall be referenced to the Notice to Proceed, which authorized the services performed and/or expenses incurred. 2. The amount of invoices submitted shall be comprised of the amounts due for '0 services performed and/or reimbursable expenses incurred to date in connection with authorized work, less previous payments. The amounts due shall be calculated in accordance with Exhibit A to this agreement. Reimbursable expenses must be substantiated by copies of receipts and other documentation as necessary. B. Lump Sum Fee 1. The Project Manager shall submit duly certified invoices to the VILLAGE Manager or Designee. Each invoice shall be referenced to the Notice to Proceed, which authorized the services performed: . 2. The amount due of invoices submitted shall be calculated by applying the percentage of the total work completed to date to the authorized lump sum, and subtracting any previous payments. SECTION 7 RIGHT OF DECISIONS All services shall be performed by the Project Manager to the satisfaction of the VILLAGE Manager or Designee who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder, and the character, quality, amount and value thereof. The VILLAGE Manager or Designee's decisions upon all claims, questions ' and disputes shall be final, conclusive and binding upon the parries hereto unless such determination is clearly arbitrary or unreasonable. In the event the Project Manager does not concur with the decisions of the VILLAGE Manager or Designee, the Project Manager shall present any such objections in writing to the VILLAGE Manager. The VILLAGE Manager or Designee and the Project Manager shall abide by the decisions: of the VILLAGE Manager. This paragraph does not constitute a waiver of any party's right to proceed to arbitration utilizing the rules of the American Arbitration Association. 4 � , �. .. 7'�n.- �•�>.+'... ;. -` 7 a `. us .sz`.. . . . , .. ,."..._." "'- �'�•,-° ,� rte. e;. . .��r-�y 't:=�•i� Tom— I SECTION 8 OWNERSHIP OF DOCUMENTS All reports, ;tracings, plans, specifications, maps, contract documents, and /or other data developed by the Project Manager pursuant to this Agreement shall become the property of the VILLAGE without restrictions or limitations upon their use and shall be made available by the Project Manager at any time upon request by the VILLAGE. Reuse of such data by the VILLAGE for any purpose other than for which prepared shall be at the VILLAGE'S sole risk. When the work requested pursuant to this Agreement is completed, all of the above data shall be delivered to the VILLAGE Manager or Designee. SECTION 9 - NOTICES Any notices required under this agreement from the Project Manger 'shall be considered delivered when posted by certified mail, express delivery, or delivered in person to the VILLAGE Manager or Designee. Any notices required under this agreement from the VILLAGE to the Project Manager shall be considered delivered when posted by certified mail or express delivery to the Project Manager at the last address left on file with the VILLAGE, or delivered in person to said Project Manager or the Project Manager's representative. SECTION 10 ABANDONMENT In the event the VILLAGE causes abandonment, cancellation, or suspension of the projects of parts thereof, the Project Manager shall be compensated for all services rendered consistent with terms of this Agreement up to the time the Project Manager receives written notification of such abandonment, cancellation' or suspension. SECTION 11 AUDIT RIGHTS The VILLAGE reserves the right to audit the records of the 'Project Manager related to this Agreement at any time during the prosecution of the work' included herein and for a period of one (1) year after' final payment is made. The Project Manager agrees to provide copies of any "records necessary to substantiate payment requests to the VILLAGE. SECTION 12 - SUBCONTRACTING The Project Manager may "subcontract work under this Agreement and shall in writing advise the VILLAGE Manger or Designee accordingly. - SECTION 13 WARRANTY The Project Manager warrants that no VILLAGE personnel, whether full -time or part -time employees, has or shall be retained or employed in any capacity, by the Project Manager or the Project Manager's approved sub- contractors, to accomplish the work contemplated under the terms of this Agreement. 5 r,��;?�,i£ .,, n,• k ? A,rAh",�3-Y.I� +�,"�z ?.... M .�iaF"T+T. T.�'E.s- "4''r�i?�` vf[n;r . -.dva2 ��fixx't° ;n'z'��'s;, df£k4�;c -.Y SECTION 14 - TERMINATION OF AGREEMENT It is expressly understood and agreed that the VILLAGE Manager or Designee may terminate this Agreement, in total or in part, with cause, by thirty (30) days prior written notification,.in which event the VILLAGE's sole obligation to the Project Manager shall be payment, in accordance with Section 5 - Compensation. SECTION 15 - DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two (2) years effective term with the .option of one (1) year extension unless terminated by mutual consent of the parties hereto or as provided in Section 10, Section 13, Section 14, and Section 16, hereof. The performance of specifically and properly authorized services may extend beyond the Agreement's three -year effective term and shall be compensated in accordance to Section 5 hereof. SECTION 16 DEFAULT In the event the Project Manager fails to comply with the provisions of this Agreement,' the VILLAGE Manager or Designee may declare the Project Manager in default by thirty (3 0) days prior written notification. In such event, the Project Manager shall only be compensated for any completed professional services. In the event the VILLAGE prevails in litigation to enforce the provisions of this Agreement, the VILLAGE shall be compensated by the Project Manager for reasonable attorney's fees and court costs, including costs of appeal. SECTION 17 - INDEMNIFICATION AND INSURANCE Provider shall indemnify and hold harmless the VILLAGE and its respective officers, employees, agents and instrumentalities from any and all liability, losses, including attorneys'' fees and cost of defense, which the VILLAGE and its respective officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance, of this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the VILLAGE, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the VILLAGE and their respective officers, employees, agents and instrumentalities as herein provided.` The Project Manager shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the I, VILLAGE. The Project Manager shall maintain during the term of this Agreement the following insurance: 6 77 i A. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. B. Professional Liability Insurance in the amount` of $2,000,000 with deductible per claim, if any, not to exceed ten percent (10 %) of the limit of liability providing for all sums which the Project Manager shall become legally obligated to pay as damages for claims arising out of the services performed by the Project Manager or any person employed by the Project Manager in connections with this Agreement. C. Public Liability Insurance, on a comprehensive basis, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. The policy must be endorsed to show VILLAGE as additional insured. D. Worker's Compensation Insurance in compliance with Chapter 440, Florida ;Statutes, as presently written or hereafter amended. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than . "B" as to management and no less than "Class V" as 'to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the VILLAGE, or, the companies 'must' hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the State of Florida Department of Insurance and be members of the Florida Guaranty Fund. The Project Manager ;shall furnish certificates of insurance to the VILLAGE prior to the commencement of operations. These certificates shall clearly indicate that the Project Manager has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the VILLAGE. Compliance with the foregoing requirements shall not relieve the Project Manager of the liabilities and obligations under this Section or under any other portion of this Agreement, and the VILLAGE shall have the right to inspect the original insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverages. SECTION 18 - ENTIRETY OF AGREEMENT This ;writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superseded; hereby. 7 No alteration,, change, or modification of the ,terms of this Agreement shall be valid unless made SW 7e Ave. Canal 7 SOUTH FLORIDA RESOURCE CONSERVATION & DEVELOPMENT COUNCIL, INC. 15600 SW 288P Street Suite 402 Homestead, FL 33033 -1239 Phone: (305) 246 -4319 Fax: '(305) 245 -2473 cs s Goer WWW.sfrcd.or4 S.W. 70th Avenue Canal Flood Control'. Improvement Project Village of Pin'ecrest Miami -Dade County, FL PROJECT OBJECTIVE The objective of this project is to restore the SW 70th Avenue Canal to its original design and to accomplish any needed culvert and embankment repairs required in order to maximize its 'effectiveness. FEMA and the State of Florida (FDCA) have provided the majority of funding required to repair and restore this canal to its original design in 'order to mitigate future flood damage by restoring the canal's capability to adequately; transport storm water runoff. FEMA CANAL PROJECT DATA The S.W. 70 Avenue 'canal, as outlined in the Miami -Dade County Secondary Canal Repairs FEMA Project, is divided into nine (9) segments as shown in the attached Project Area Map. These canal segments are identified in the Miami -Dade County FEMA work sheet and are listed as follows: Estimated FEMA Est. Dredging Embankment Segment Location Length (ft) Width (ft) Required Repairs Rq'd No. (approx.) (CY)* (CY.)* 569 SW 104 St. to SW 107 St. 1,130 60 4,017.78 1,569.44 570 SW 104 St. to SW 110 St. 1,770 42 7,709.33 3,277.78 565 SW 110 Terr. to SW 115 St. , 1,160 60 4,124.44 1,611.1,1 556 SW 115 St. to SW 120'St. 1,630 150 14,488.89 2,263.89 554 SW 126 St. to SW 133 St. 2,400 50 12,444.44' 4,444.44 555 SW 69 PI. to SW 71 Ct.' 780 60` 2,773.33 1,083.33 557 SW 69 Ave. to SW 70 Ave. 860 42 3,745.78 1,592.59 571 SW 70 Ave. to SW 73 Ct. 1,620 " 52 8,736.00 3,000.00 568 SW' 98 St. to SW 104 St. 2,090, 50 10, 837.04 3,870.37 TOTALS 13,440 68,877.03 22,713.28 *Note: Dredging and embankment quantities are estimates: only. Actual quantities will be determined after completion of the pre- construction survey. Exhibit "A" �rPage I of 10 -j fiiiailvd. a l+d'MV75h� v I'.�.lv o% /P ff L3Y�' ✓Ml CWCL: Ski 7e Ave. Canal SCOPE OF SERVICES The following is an outline of the tasks required to complete the work on these canal projects. TASK 1: Perform the Canal Sediment Sampling and Analysis The South Florida Resource Conservation & Development Council, Inc. (SFRC &D) will retain the services of a qualified environmental' engineering consultant to perform canal sediment sampling and analysis. This consultant ''shall =prepare a sediment sampling report per the approved Miami -Dade County ,DERM sampling and analysis protocol. This report will serve to document (1) the level of contaminants to insure the safety of workers and the public, (2) the physical nature of the sediments which will be used to determine the type of equipment and handling methods that will be used to perform the dredging work. A total of- (4) composite samples will be collected and analyzed for water content and solids content to determine in -situ volume to weight ratio. Each composite sample will also be analyzed for the following pal rameters on a dry weight basis: (8) RCRA Metals, Total (8) RCRA Metals, TCLP Organic Pesticides, EPA Method 8081 Hydrocarbons FL -PRO PH PCB's, EPA Method 8082 Geotechnical Parameters: i. Grain size distribution ii. A,tterberg limits iii. Total Organic Carbon iv. Total Inorganic Carbon If the results of the sediment testing for TPH exceed the Miami -Dade County DERM Interim Clean Soil Criteria of 50 mg /kg, additional analyses for Total Volatile Organic Aromatics ,(via _EPA Method 8021 B) and Total Polynuclear Aromatic Hydrocarbons (via EPA Method 8100) may be required. I The consultant collecting the samples will have a current Florida Department of Environmental Protection (FDEP) approved Comprehensive Quality Assurance Plan (CompQAP). The laboratory analyzing the samples will have a Florida HRS I certification and a current FDEP approved CompQAP. Deliverables • (2) hardcopies of the Sediment Sampling and Analysis Report' j g p Exhibit "N' Page 2 of 10 !'°, " ieq�'o 4"tle -ck#,d t'iift.�� p 3Y�d i,W ✓ +J6'i�Y✓lJj ILI6a.APVsY''�.7rdr.�W -4611 MO-OXiX° ,C-Or Ari a ✓e... F a JH$s`aa pbecrest c' SW76' Ave. Ce::af TASK 2: Perform the Canal Field Survey a) SFRC &D will retain the services of a surveying consultant registered in the State of Florida to produce a hydrographic, baseline and topographical survey for the length and ,width of the referenced canal within the project boundaries as shown in the attached Project Area Map. b) Survey shall contain all the information gathered in the field and stationing of survey baseline with bearing and reference information. c) Survey elevations shall be referenced to the National Geodetic Vertical Datum (NGVD). TASK 3: Perform Canal Engineering Design and Prepare Construction Plans a) The SFRC &D shall prepare 30 %, >60% and 100% progress design plans for review and comment on 24x36 size sheets in AutoCAD software version 2002. b) The SFRC' &D shall request and obtain available 'as -built information from utility companies,''WASD, DERM, and Miami -Dade County Public Works. c) The SFRC &D shall prepare and submit a 'Canal Embankment Repair & Recommendations Report for review, by the Villager This report shall include construction repair details for any canal embankment that requires repair. The construction repair details will be prepared in accordance with approved engineering; practice. d) The SFRC &D shall prepare a spreadsheet of the sediment volume calculations of the sediment to be dredged e) The SFRC &D shall prepare and submit an engineering report containing and assessment of all the culverts and headwalls including any appropriate repair recommendations'. This engineering report shall contain photos of selected areas of the canal, an evaluation of existing headwall and culvert conditions, the flow capacity of canal culverts, recommended repair and replacements, and a'preliminary engineer's estimate of construction costs. f) Construction plans will include the following: • Title ' blocks shall include at a minimum: a revision block, the SFRC &D & the Village of Pinecrest logos, the sheet title, the sheet number, and the Engineer's signature block and license number. Exhibit "A" Page 3 of 10 .v M, SW 7e Avg, Canal • Cover sheet shall include: the project location map (referencing both Florida and Miami -Dade County), = the project name, the SFRC &D project number, the SFRC &D & Village ;logos, miscellaneous information, and the index of drawings. • Key Plan sheet shall include: the plan view of the project, the segment number and delineation, the length of each segment surveyed, all street names of adjacent roadways, sheet layout, hydrographic and canal baseline survey control data and notes, a summary table of the sediment volumes (CY) for each segment and associated length, legend & symbols. • Engineer's General Notes sheet • Plan and profile views (on the same sheet) • Plan views shall include: -Plan views at a drawing scale: 1 - 30' (horiz.) w/ baseline and stations. North arrow Canal; R/111f lines, easement lines,. and /or canal reservation lines. -Lot lines and property lines - Existing top of bank delineation Existing canal centerline Limits of water's edge Existing pipe outlets to canal (size, invert & material) -Canal utility crossings (eg.: canal aerial crossings) - County Section Lines (that exist within the canal R/W). General obstructions and above ground features( eg.: signs, posts, fences, landscaping, overhead utility lines, poles, inlets, swales manholes, utility castings, curbs, guardrails, structures, walls, etc.) that fall with -in the affected canal R/W limits, TOB limits, ° "edge of pavement or residential property limits (whichever is widest). Existing headwalls and canal culverts - Roadway, bridge or other canal ;crossings with dimensioned RM limits and topographical features surrounding the culvert transection to include roadways, sidewalks, outfalls, road drainage, grading, manholes, signs, guardrails, fences, water and sewer valves, vegetation and any other feature affected. - Intersecting and parallell roadways w /street names. Matchlines • Profile views shall include: - Drawing scale: H: 1,, = 30' V: V =3' - Existing canal centerline, top of sediment, limits of dredging (hard or original bottom), water level, and sediment to remain, if any. Exhibit "A". Page 4 of 10 SW Tom" Ave. Canal - Existing culverts (with call, outs for size, material and the inverts at both ends): • Canal cross - section sheets shall include: Drawing scale: H: V-20) V: V = 20' -Canal cross- sections at ° 100 ft. intervals in the longitudinal direction (and at all inlet and outlets of existing culverts, any abrupt changes in canal delineation and at all County Section lines that intersect the canal RN\I limits). -Above ground `features within canal R/W limits, TQB limits or residential property limits. -Water level ` elevations (including the date that the measurements were 'taken) - Cross - sectional area (SF) and sediment volume (CY) to be dredged and to remain, if any. Quantities will be determined per the FEMA allowable dredging depth and quantity (CY). In no case will the canal excavation or dredging of original canal' side slope or bottom be indicated on any construction plan, as per FEMA dredge criteria (i.e. only maintenance dredging is to be performed). - Existing top of sediment, limits of dredging (canal 'hard or original bottom); and sediment to remain, if any. - Survey baseline, maintenance easement lines, canal centerline, R/W lines, top of banks, and any County Section Lines located within the canal R/W). • Embankment Repair Construction Details g) Deliverables: (2) hardcopies of the canal embankment < repair & recommendations report`; (2) Hardcopies of the engineering report on culvert and headwall assessments and repair recommendations. • (2) Black line hardcopies' (24x36) of the 30% plans (includes cover sht., key plan, general notes, plan views) to the Village of Pinecrest for review and comment: (2) Black line hardcopies (24x36) of the 60% plans (includes cross sections) to the Village of Pinecrest for review and comment. • (2) Black line hardcopies (24x36) of the 100 % plans (includes profile views and embankment construction repair details) to the Village of Pinecrest for review and comment. (3) Signed and sealed (24x36) final approved '100 % plans to the Village of Pinecrest: (1) CD containing an electronic copy of the final approved plans to the Village of Pinecrest. Exhibit'` A" Page 5 of 10 goad, wfi b.wfi,pemv w -1 f Y`o`w GB.f dl, �'� v^t.'virL; :- tLw.°i Gzfi l vty i colt Yes i CG1.r 3 3 �i PLO :7 77' SARCD /Wilage of p1 ecr est SW7i3`r' lm. Canal Task 4: Conduct the Bidding & Award of the Construction Contract a) Prepare an Engineer's estimate of the total construction costs. b) Prepare the bid package /construction contract/technical specifications and submit to Village of Pinecrest for review and approval. c) Advertise for bids d) Conduct a pre -bid conference. e) Prepare addenda to bid documents, as required. - f) Conduct the bid opening: g) Prepare the bid tabulation, evaluation and recommendation for award to Village of Pincrest. h) Prepare and issue the Notice of Award and Authorization to Proceed documents. i) Deliverables: s (2), Hardcopies and (1) electronic copy of the bid package material in Excel and/or Microsoft Word format (8.5x11). The issuance ` of bids and the award of the contract will be performed directly through the SFRC &D in cooperation with the Village of Pinecrest consistent with the terms of the SFRC &D /Miami -Dade County Cooperative agreement.- Task 5: Construction Management The construction management task shall consist of the supervision and inspection of the dredging of the canal sediment, bank stabilization, transportation and final disposal of all dredged materials. The following is a listing of subtasks that will be performed under the Construction Management Task: i a) Conduct a pre- construction conference b) Perform daily construction inspection of the work site c) Prepare and issue weekly progress reports to the Village d) Prepare change orders and design modifications' as required Exhibit "A" Page 6 of 10 F-n- DI,'lllage ofPinecresd ° sw i e Ave. Canal e) Review and process contractor's applications for payments (i;e. progress payments) f) Provide as -built drawings and „project closeout documentation upon completion of the construction work The issuance of ;payments to the Contractor will be performed directly through the SFRC &D in cooperation with the Village of Pinecrest. These payments are in addition to the fee compensation specified below. FEE COMPENSATION TASK 1: Canal Sediment Sampling Not to exceed cost for all (9) FEMA Segments.. .$27,000.00 ** TASK 2: Canal Field Survey Not to exceed cost for all (9) FEMA Segments........ ............$121,500.00** TASK 3: Canal Engineering Not to exceed cost for all (9) 'FEMA Segments `........................ $134;500.00 Task 4: Bidding & Award Not to exceed cost for all (9) FEMA Segments;. .$20,900.00 Task 5: Construction Management Not to exceed cost for all (9) FEMA Segments ..... ............... ..$128,000.00 * *Fees are preliminary estimates for budget purposes and are subject to adjustment when actual bids for services are received by the SFRC &D. SW 70th AVE. CANAL TOTAL COST...................... .............$431,900.00 PERIOD OF PERFORMANCE The SFRC &D shall begin work upon receipt of a signed contractual agreement, pursuant to the execution of a mutually agreed upon professional services contract with the Village of Pinecrest. SFRC &D will provide a project schedule for the outlined services. The SFRC &D will complete the project in conformance with all local, state and federal agencies having jurisdiction. The SFRC &D will pursue the work diligently and provide sufficient staff to supervise the completion of the work in accordance with the approved project schedule. Exhibit "A" Page 7.�o €1 Q _ sr' i arit✓,i/4y %' Gr'`., -d,, �iA..�'..'�'inCjk j's'Vi'�i'' { `e� .t! .%.-w s rcw cv� f�''i E.:if✓3�t." d✓ `'�. 3✓.� i''� � "/� S✓i. {,'� � Y.�/�; .. r _ W 7F"" SIN 7 ' Ave. Cara CLARIFICATIONS, ,EXCLUSIONS AND LIMITATIONS a) Preparation of maintenance of traffic plans is not included in this proposal and will be the responsibility of the construction contractor. b); Regulatory Assistance: All required permitting and the labor required to prepare the subject forms' for this project will be performed on an hourly basis. It is anticipated that permitting is required :from Miami - . Dade County DERM, and the South Florida Water management District. All application and permit fees will be paid directly by the Village or will be reimbursed to the SFRC &D by the Village. c) The above cost estimate does not include traffic studies or geotechnical services. d) Typical out of pocket expenses such as the cost of local transportation, long distance telephone, postage and shipping and internal printing and reproduction are included in our fee. Printing for regulatory agencies, bidding and construction , as well as other printing requested by the client, will be charged at cost. Costs of overnight mail or courier services, if required, will be reimbursed at cost. e) It is our intent to prepare invoices on a semi - monthly basis ,for services rendered durin g that period. Invoices es ar py are .due and a bl a e within 15 days of receipt. ADDITIONAL SERVICES Should additional work be required beyond the scope' of services outlined above, such shall be considered additional services. - When additional services are required, they shall be invoiced as per the Schedule of Billing rates provided in this proposal. Exhibit "A" Page 8 of 10' M 4r t, o vf,'3. ng- khe:ptpre4q, LAI�BF/'`�°°Wv,d"�, �/$z��vi! �s��,� �t�°acv e��2�°✓s4 Vii±. `� 1ve ��,:,. SFRCD Wage of �'irree.2st SW 700 Ave. Canal SFRC &D Billing Rates LABOR CATEGORY HOURLY RATE Executive Director /Coordinator (Principal) $110.00 Project Manager (P.E.) $90.00 Senior Engineer (Civil) $76.00 Project Engineer $70.00 On -site Const Mgr. $47.00 Part -Time Asst. Const. Mgr. $35.00 CAD Drafter $56.00 Financial Management /Contract Specialist $45.00 Administrative Assistant $35.00 SFRC &D Standard Charges Photocopies $0.10 ea. Blueprints @ cost Bond Plots $3.50 ea. Vellum Plots $7.50 ea.' Mylar Plots $12.50 ea. Color Plots (size up to 36x48) $23.50 ea. Color Copies @ cost Courier @ cost Express Mail (overnight) @ cost Out -of -Town Travel Expenses @ cost Bitting rates and standards charges shown above are in effect until January 2004, and are subject to revision thereafter. Exhibit "A" P(a�ge 9 of 10 /j o- 0 C o 0 0 0 0 0 0 o c o 0 0 0 0 o n ,r C) O C o ~ N M N:: M N 'N : Q) 4& 69. 69 49 69 a. :m. co o CR o am li Col o co p7 ti O N DO '; r OD (q N 0 V n - � '0 V'.; �• (+M O co N O) Cl) W r L 1� ( O It N °) O N O' M ci i. r O.. ti O ti 'M - z -a- O r-: .O q h C . • Z ' 69 69: 69 69 fi}.. so NT - O 'a• 0 O U CR OOD.... OR LU �' LLU W o It CAD 0) N CY) M. U i.. a. w ° O Z Q E r 'IT N O m le U- cc u v� �` c - IT q co LLI M W Z N N CO N M ❑ (9 O cis R U j E9 ifl s9 6f} w Z V fl- to W O O.. W O >-U. N (V 1, CV v O) OD 11-L M m r¢ Q =❑ q N W N 7 F: W a0 6i _ : R < Z d Efl 69 69 E9 69 V, X ZU a ,' c(°o ti °o v tL M � 04 U�O� Y7 (N O' h W It U ? (ri ai cm N r- c� U) Udix .- FR 69 _ 69H4 64V> J V- Q` Q co as U O �. Cl) 04 M C) LU Q d' '� -. 6F} 69 69 64 d3 69 - QU. r, 00 �. N cq 0 : � J L, CEO c M N V- 't O N N N ,r 1 co a ^JCQ31xQPyvkysk .: -6 J YYtt NW gi t 3 m`J #v3y f � a o +� R7tak� o R ti Z Q tai MN o •, (D w _ ,1�� so u r y CITY OF SOUTH MIAMI South Miami kZAMA Inter -office Memorandum All-AmedcaClly INCORPORATED + 1927 �L O Rt4 2001 TO: Honorable Mayor, Vice Mayor DATE: November 4,2003 & City Commission FROM: Maria V. Davis , AGENDA ITEM No. City Manager LS RE: Authorizing the City Manager to execute a maintenance agreement with TJ Pavement Corp. for Sidewalk Repairs. RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH T J PAVEMENT CORP. IN AN AMOUNT OF $10,000 AND WITH DISBURSEMENT TO COME' FROM LOCAL OPTION GAS TAX TRUST FUND ACCOUNT ;NUMBER 112 -1730 -541 -4640; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS As part of the Public Works Department's Sidewalk Repair Program, we have identified various flags of sidewalk that need to be repaired immediately, to avoid, potential hazard. As a result, Public Works Department is recommending "piggybacking" on the City's current contract with T J Pavement for the Downtown Drainage & Water Main Improvements Project. The contract has a unit price line item for concrete sidewalk restoration. T J Pavement has agreed to uphold the price in their Downtown Drainage & Water Main Improvements contract for the citywide sidewalk repair program. The disbursement will be from Local Option Gas Tax Trust Fund Account No. 112- 1730 -541- 4640 with current account balance of $65,000.00. Attached is the list of sidewalk repair locations. RECOMMENDATION It is recommended that the City Commission approve the resolution. Attachments: • Resolution • Copy of current contract with T J Pavement Corp. • List of sidewalk repair locations I 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT 6 CONCERNING SIDEWALKS REPAIRS, AUTHORIZING THE CITY 7 MANAGER TO ENTER INTO A CONTRACT WITH T J PAVEMENT CORP. 8 FOR AN AMOUNT OF $10,000 AND WITH DISBURSEMENT TO COME 9 FROM LOCAL OPTION GAS TAX TRUST FUND ACCOUNT NUMBER` 112- 10 1730- 541 - 4640;' PROVIDING AN EFFECTIVE DATE 11' 12 WHEREAS, the Mayor and City' Commission wishes to provide much needed sidewalk repairs within 13 the City, and 14 15 WHEREAS, T J Pavement Corp. is a contacted vendor for the City's Downtown Drainage & 16 Water Main Improvements, has the expertise and the equipment to provide sidewalk repairs, and;, 17 18 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction 19 contract with T J Pavement Corp. for an amount of $10,000.00. 20 21 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 22 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 23 24 Section 1. The City Manager is authorized to enter into a contract with T J Pavement Corp. to be 25 based upon their current unit price contract for the Downtown Drainage & Water Main 26 Improvements contract with the city for an amount of $10, 000.00 to be charged to Local Option 27 Gas Tax Trust Fund account number 112- 1730 - 541, -4640. 28 29 Section 2. This resolution shall become effective immediately upon adoption. 30 31 PASSED AND ADOPTED this day of 2003. 32 33 ATTEST: APPROVED: 34 35 36 CITY CLERK MAYOR 37 38 Commission Vote: 39 READ AND APPROVED AS TO FORM: Mayor Feliu: 40 Vice Mayor Russell: 41 Commissioner Bethel: 42 CITY ATTORNEY Commissioner Wiscombe:` 43 Commissioner McCrea: LIST OF SIDEWALKS TO BE REPAIRED Submitted with Nov.- 4, 2003 Comm. Agenda 1. 6944 SW 63rd Avenue: • Removal of existing ` sidewalk and construction of approximately 250 lineal feet of 5 feet wide & 4 -inch thick sidewalk. 2. 4430 SW 61St Avenue: • Removal of existing sidewalk and construction of approximately 190 lineal feet of 5 feet wide & 4 -inch thick sidewalk. 3. 7105 SW 63rd Avenue: • Removal and disposal of approximately 115 lineal feet of existing damaged flags of sidewalk. SECTION 00300 - PROPOSAL l; DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS -� S.W. 73`d Street, S.W. 58th Avenue, and S.W. -58th Court CITY OF SOUTH MIAMI, FLORIDA I City Clerk's Office _ City Hall 6130 Sunset Drive South Miami, Florida 33143 Gentlemen: The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal of the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a bid or proposal and that the Proposal is in all respects fair and made in good faith without ' collusion or fraud. The Bidder further declares that he has examined the' site of the work and that from personal . knowledge and experience, or that he has made sufficient observations` of the conditions of the proposed Project Site to satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore, that he has examined the Drawings and Specifications for the work and from his own experience or from professional advice that the Drawings, including bid item quantities, and Specifications are sufficient for the work to be done and he has examined the other Contractual Documents relating thereto, including the Notice of Bid Invitation, Instructions to Bidders, Proposal, Contract, Affirmative Action Requirements, Davis Bacon Wage Determination, General Conditions, EDA Supplemental General Conditions, Supplementary Conditions, and Special Conditions, Technical Specifications, Drawings and has read all addenda prior to the receipt of bids, and that he has satisfied himself fully, relative to all matters and conditions with respect to the work to which this Proposal pertains. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the City of South Miami (Owner), in the form of contract specified, to furnish all necessary materials, all - equipment, all necessary machinery, tools, apparatus, means of transportation, and labor necessary to complete the work specified in the Proposal and the Contract, and called for by Drawings and Specifications and in the manner specified. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the work as stated in the Contract Form. The Bidder further agrees that the deductions for liquidated damages, as stated in the Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the Owner for additional costs to the Owner resulting from the work not being completed within the time limit stated in the Contract Form. 00300 -1 1929 -15.05 0 ^r .,','"^,afiT ° _ q,""F�i?9 '., �..'',..;.F.. ,rT "'z ",.,:.g='; ^�,..?..°""s'�— .?a. +-. ';�., —'�;5 ✓^,.�T'TO'£17.. Payment Bonds each in the amount of one - hundred percent of the Contract price, within ten (10) consecutive calendar days after written notice being given by the Owner of the award of the Contract, and the undersigned agrees that in case of failure on his part to execute the said Contract and Performance and Payment Bonds within the ten (10) consecutive calendar days after the award of the Contract, the cashier's check or Bid Bond accompanying his 'bid and the money payable thereon shall be paid to the Owner as liquidation of damages sustained by the Owner, otherwise, the check accompanying the Proposal shall be returned to the undersigned after the Contract is signed and the Performance and Payment Bonds are filed. The undersigned agrees to accept in full compensation therefore the total of the lump sum prices for the items named in the following schedule, based on the plan quantities contained within 1 this bid form. Furthermore, the undersigned has checked these quantities and agrees that bid quantities are correct and adequate to complete the job in its entirety, as described in the contract 1 document.' Bidders Certificate of Competency No. E9 +P-00 E:--a Bidders Occupational License No. ' 33Cv s�i S 9 Acknowledgment is hereby made of the following Addenda received since issuance of the Project }J Manual: - Addendum No. t Dated: Al 0-11. Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: - Attached hereto is a cashiers check on the _. Ba nk of or Bid Bond for the sum of Dollars ($ ), made payable to the City of South Miami, Florida. . S • i)A'wmEn L,S. s: (Name of Bi ' r) (Affix Seal) I . L.S. Signature r2ES� E n-� L.S. (Title of Officer) h : Address: 114bl S .W . y-O St1u E X35 city: MI � m l State: -F- 1012 i CLA 1. 00300 -2 1929- 15.05 c L.� a The full. names and residences of persons and firms interested in the foregoing bid, as principals, are. as follows: - SOsr✓ �R . a1V ASE Z, I b74-1 S. sT . m- Am, . FL. 33105 S, W. So ' iY1+A2r/�, N. �k1�A�.� 10`1{ -1 ST. i�n�,�� . �1:.• :3315 I Name of the executive who will give personal attention to the work: s I _ �i a I-A E� I� 00300 -3 1929 -15.05 O LIST OF MAJOR SUB - CONTRACTORS Bidders are required to list with the Proposal, on this sheet all major sub - contractors included for the prosecution of the work. Failure to complete the list may be cause for declaring the Proposal irregular. The successful bidder shall employ the sub- contractors listed hereunder for the class of work _�i indicated, which list shall not be modified in any way without the written consent of the City of South Miami. V. The Bidder expressly agrees that: 1. If awarded a contract as a result of this proposal, the major sub- contractors used in the prosecution of the work will be those listed below. 2. The Bidder represents that the sub-contractors listed below are financially responsible and are qualified to do the work required, -�: CATEGORY OR CLASS NAME OF SUB- CONTRACTOR ADDRESS OF WORK LjI 1 I. 1. i' �A r 00300 -4 1929- 15.05 d. DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS SW 73rd Street, SW 58th Avenue and 58th Court CITY OF SOUTH MIAMI, BID NO. CI 02 -1223 C3TS PROJECT NO. 1929-15.06 BID FORM_ Bid prices stated in the proposal include all costs and expenses for labor, equipment, materials, contractor's overhead and profit. Payment for this project will be based upon completion of the entire project as a lump sum contract, in accordance with the Project Manual. Refer to Section 01025, Measurement and Payment, for Basis of Payment of the following pay items. UNIT (' ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT Section 1 - Drainage Improvements Note: The work included in this section will be federally assisted through the U.S. Department of Commerce, Economic Development Administration Demolition, removal, and backflling of [ 1.01 existing drainage system 1 L.S. 1:02 F & I exfiltration trench (4' wide, 15' deep) 347' L.F. $ i• ®° $ �� }- 3�, bo I t30 1.03 F & I drop inlet (w/ frame & grate) 1 Eq. $ 9-06 DO $ 9 Db co - 1.04 F & I drop inlet (wl temp. plywood cover) 5 EA. $ -10b.00 1.05 F & I type P catch basin (w/ frame & Do no N� grate) and P.R.B's. 2 EA. $ L-10n• $ �. DD. —d 1.06 F & I type P catch basin or manhole (w/ . tem P plywood cover) and P.R B's. 7 EA. $ 4WD. $ q SOD. ? 1.07 F & 115" C.A.P. 345 L.F. $ .30.00 $ � I , 3�J0 •A° [A 11 1.08. F & 112" D.I.P. rain water leader (w/ plug) 10 L.F. $ �O.00 $ q � • °O �1.09 Pavement reconstruction and regrading a0 :.. in areas S =1 & S -3 1 L.S. �J 1;10 Pavement. restoration 615 S.Y. $ $ lio',toD5.00 1.11 Curb & gutter restoration 100 L.F. $ I $ • oo $ 18 D�,oc Dp 1.12 Concrete sidewalk restoration 600 S.F. $ o l ! a f 1.13 Dust Control 1 L.S. II DOD.' $ 1 000. a° 1.14 Maintenance of traffic, including traffic control, signs, barricades, flaggers and cp co .xl off duty police officers, as required. 1 L.S. $ 5.d� • $ 5 OOy 0 1.15 Compliance with the Florida Trench Safety Act 1 L.S. � �. $13 Name of Bidder Signat re er -�d' 00300-5 7,'Q, 1929- 15.05 �i DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS SW 73rd Street; SW 68th Avenue and 58th Court = r, CITY OF SOUTH MIAMI, BID NO. C102 -1223` I, f F C3TS PROJECT NO. 1929-16.05 E UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT } _ 1.16 Advanced exploration of existing utilities 1 L.S. 1.17 Mobilization * 1 L.S. $QOb $ I.000 • o° 1.18 Performance -& Payment Bond 1 L.S. 50D.°O $ ?,Goo . °D -x r 1.19 EDA project sign 1 L.S. $ -%b oo $' eso0 . oc _ 1.20 Contingency 1 L.S. $7,500 $7,500 Section 1 - Sub -Total 15 C3° Section 2 -Water Main Improvements 2.01 F & I water main (12 ") DIP Class 52, with fittings and specials, including restrained joints, flushing valve assemblies and -�' pavement restoration 1,145 L.F. $ '75•,7.SO _2.02 Bacteriological sampling points 6 EA. $ db $ 2.03 F & I fire hydrant assembly including 6" pipe to main & 6" gate valve 1 EA, IoDD.ov $ .9.100D.00 2.04 F & I gate valve complete (1201) 6 EA. $ l ; 80D co $,10 2.05 F & 1 gate valve complete ((i ") 1 EA. $ Sis• °o $ 2.06 F & I new water meter (single), including installation of corp stop, service pipe, box, pavement, curb and sidewalk restoration, removal of old meter box and connection to customer's pipe (size to existing service) 26 EA. $ Co�Q. °b ) laD.00 to n; 2.07 F & I new meter bank (5 services), including installation of pipes, boxes, .;. pavement, curb and sidewalk restoration, removal of old meter boxes and connection to customer's pipe (size to existing service) 1 EA. d oo $ �, DD0 • °D 2.08 Remove 12" plug and connect to existing 12" water main 2 EA. $ 595.'o $ } 170 . vo ± 1 `r- Z.`q?5LUe.men4 Ooa:�2. t6 Name of i er igna ur i r P �I 00300-6 (Revised Addendum No. 1) 1929- 15.05 DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS SW 73rd Street, SW 58th Avenue and 58th Court - CITY OF SOUTH MIAMI, BID NOXI 02 -1223 I C3TS,PROJECT NO. 1929-15.05 UNIT' ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT �a 2.09 Connect to existing 4" water main 2 EA. $ 1+50 -00 {; 2.10 F & 18" reinforced concrete slab over 25 L.F. o0 $ 40. 0® $ 1,0000 water main 2.11 Dust Control 1 L.S. F 2.12 Maintenance of traffic, including traffic control, signs, barricades, flaggers and 5,vob °C 5A0:�' off duty police officers, as required. 1 L.S. $ $ - 2.13 Compliance with the Florida Trench Safety Act 9 L.S. 2.14 South Miami project sign 1 L.S. 2.15 Advanced exploration of existing utilities 1 L.S. s DOD. $ C�1b0D - -- �+ 2.16 Mobilization 1 L.S. �T°° '1, 2.17 Performance& Payment Bond 1 L.S. DD• oo $� 500' 2.18 Contingency 1 L.S. $12,000 112,000 _T Section 2 - Sub-Total l 952 ^ Name of Bidder Signatu de' -` JOSS 1k ASV t�,a.Ez . lei GRAND TOTAL IN FIGURES (LUMP SUM) GRAND TOTAL (WRITTEN) : I WD SiA °w0 4fou —,cAn .t, . i11 nE 12c rdwd e►dMu� Si 5c -two pfes And. was Bidder: �•iiy�MSCtiORD1a1 By; R1J PoZ64 Title: �tE5i0j�n -�� T (305) �3b ^120 Fax: 305 Sao -Io1 � elephone: 00300 -7 (Revised` Addendum No. 1) 1929 -15.05 DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS "`— - S.W. 73`a Street, S.W. 5e Avenue, and S.W. 58'' Court CITY OF SOUTH MIAMI, BID No. Cl 02 -1223 C3TS PROJECT No. 1929-15.05 �- NOTICE TO ALL BIDDERS m " -J 1. The City of South Miami reserves the right to waive any informality or minor defect in any - bid, to reject any and all bids and to delete any part of any of the above items. -� 2. Changes in the Contract Price and Contract Time require prior authorization in writing from the Owner and the Engineer, in the .form of a Change Order or Work Change r^ Directive. The Contractor is responsible for verification of all bid quantities and to report 1 to the Engineer any discrepancies found prior to ordering materials and or equipment for i construction. Refer to General Conditions. 3. Bid prices for the various work items are intended to establish a total price for completing i the project in its entirety. The Contractor shall include in the Bid, any item for which a separate pay item has not been established in the Bid Form (under any related pay item), to reflect the total price for completing the project in its entirety, as specked in the Project Manual and Construction Drawings. 4. Bid prices for various work items may be extended by the, City of South Miami for i additional work at other similar locations within the city. The Contractor hereby agrees to �...- honor the unit prices established within this bid proposal for other similar work as requested by the city.' - 1 J •'?P'-'JErnEn- i• Name of Bidder nature Si o id er g JOsE. A. kjv A2E7-1 �'ES 305 Sao- laab (3D57 Sao -I o I� Telephone'No. Fax No.' Fi IF3 r 00300 -8 1929 -13.01 -7717`77 T- 177 �i SECTION 00500 £ CONTRACT THIS AGREEMENT, made and entered into this day of • 203, A.D., by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and T -r, Paivemen+ Ca party of the second part (hereinafter sometimes called the "Contractor'). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK ' A. The Contractor shall furnish all labor, materials equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings i and described in the Project Manual entitled: r .f DOWNTOWN DRAINAGE & WATER MAIN IMPROVEMENTS S.W. 73rd Street, S.W. 58th Avenue, and S.W. 58th Court ' CITY OF SOUTH MIAMI, FLORIDA as prepared by Corzo Castella Carballo Thompson Salman, P.A. acting as, and in the Contract Documents entitled the Owner's Engineer, and shall do everything Y required by this Contract and the other Contract Documents. j 1.02 THE CONTRACT SUM A. The Owner shall a to the Contractor for the faithful performance of the Contract in ( PY p , lawful `money of the United States, and subject to addition and deductions as ` provided in the Contract Documents, as follows: B. Based upon the price shown in the Proposal heretofore submitted to the Owner by �- the Contractor, a copy of said Proposal being a part of these Contract D cuments, i the aggregate amount of this Contract is the lump sum of Two HvAd Sr i _-%moo 46vs40d Nile hundAeCt 9,5111+44-61)C aM d s tam Dollars ($ :ZCoZ &� 8 0.. Go ). 1.03 COMMENCEMENT AND COMPLETION OF WORK I L A. The Contractor shall commence work on the date established in the Notice to Proceed. B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work not later than sixty (60) calendar days after the commencement date established in the Notice to Proceed. t. 00500 -1 1929 -15.05 J1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and - -' suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings, Specifications and Contract items _ -� contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. -' C. It is distinctly understood and agreed that the passing, approval and /or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or ' representative as in compliance with the terms of this Contract and /or of the Project Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and /or the Project Manual covering said work; and the Owner may require the Contractor and /or his insurer to repair, replace, restore and /or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and /or services which within a period of one year from and after the dateof the passing, approval, and /or acceptance of any such Ji work or services, arefound_to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or i equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor ' shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and /or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and /or repair from the Contractor and /or his insurer, who shall' in any event be jointly and severally liable to the Owner for all damage, loss and expense caused`to the Owner by reason of the Contractor's breach of this Contract and /or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time , . or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of One Thousand Dollars ($1,000.00) per calendar day as fixed, agreed', and liquidated damages for each calendar" day elapsing beyond the specified time for completion or I authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. 00500 -2 1929 -15.05 i B. For the purposes of this Article, the day of final acceptance of the work shall -be ' considered a day f delay, and the scheduled day of completion of the work shall be Y P considered a day scheduled for production. i 1.06 PARTIAL AND FINAL PAYMENTS ' A. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: 1. Within 60 days after receipt of the Contractors request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent 10% of F rn the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. ' ; 2. Upon submission by the Contractor of evidence satisfactory to the Owner T that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees a that may required in the specifications have been furnished and are found to be acceptable by the Owner, 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 bythe Owner. 1.07 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days after the receipt of Notice from the Owner to do so, fumish an additional bond or bonds, in such form and amount, and with such 77" sureties as shall be satisfactory to the .Owner. In such event, no further payment to the 'Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the Owner. 1.08 SOVEREIGN IMMUNITY AND ATTORNEY'S FEES ' The City oes not waive sovereign immunity for an claim for breach of contract tY 9 tY Y .except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs, including, but not limited to _ paralegal costs, and computer research costs. The parties shall not be liable for the prejudgment interest. �3 1.09 MEDIATION Any claim or dispute arising out of or related to this agreement shall be subject to ¢' 00500 -3 1929 -15.05 t: informal mediation as a condition precedent to the institution of legal or equitable proceedings by either parry. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed l upon. Agreements reached in mediation shall, be enforceable as settlement I agreements in the circuit court for the 111h Judicial Circuit for the State of Florida. 1.10 SIGNATORY-AUTHORITY The officials executing this Agreement warrant and represent that they are r, authorized by their respective agency to enter into a binding agreement. 1.11 LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers and labors. ' 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL 1 : ' The contract enclosed within the "Project Manual for Downtown Drainage and Water Main Improvements, S.W. 73rd Street, S.W. 581h Avenue and S.W. 581h Court, City of ,� F 1, South Miami, City's BID No.: C102- 1223" and all attachments in the Manual and the : Construction Drawings shall be incorporated by reference into the contract, as exhibits to the contract. Between the contract and the attachments in the manual, the provisions of the contract shall control should there be any inconsistency in the documents. Contractor is reminded that all work under this contract must comply j with Federal Regulations as listed in Section 00750 as well as EDA Standard Terms and Conditions to the City's grant award and the Special Conditions to the grant award (Appendix B). 1.13 t` TRANSFER AND ASSIGNMENT A. None of the work or services under this contract shall be subcontracted beyond that ' shown on List of Major Sub- Contractors (page 00300 -4 of the Proposal) unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and Contractor shall be responsible and indemnify the City for all subcontractors' acts, errors or omissions. B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money i by the Contractor from the City under this contract may be assigned, transferred or "i pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. if 1.14 EXAMINATION AND RETE NTION OF CONTRACTOR'S RECORDS i, A. The City, or any of their duly authorized representatives, shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 00500 -4 1929- 15.05 1 i f` B. The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 8.1 above. "Subcontract," as used in this clause, excludes purchase orders not exceeding $10,000. C. The right to access and examination of records in subparagraph 8.1 shall continue - -- ' until disposition of any mediation, claims, litigation or appeals. ` y s 1 1.1 OWNERSHIP DOCUMENTS .5 All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have all rights incident to i this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to the City. The Contractor shall have the right to retain copies of the documents at the li Contractor's expense. 1.16 SEVERABILITY ' Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall x not render void, invalid or unenforceable any other section or part of any section of this contract. FEE AND CODE OF ETHICS WARRANTY �.. 1.17 CONTINGENCY A. Contractor warrants that neither it, nor any principal, employee, agent, r e presentative I� or family member has promised to pay, and Contractor has not, and will not, pay a fee the amount of which is contingent upon the City awarding this contract to Contractor. B. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the City of South Miami conflict of interest and code of ethics ordinances. i C. A violation of this paragraph will result in termination of the contract and forfeiture Zi of funds paid, or to be paid, to the Contractor. 1.18 WARRANTY OF AUTHORITY �. The signatories to this contract warrant that they are duly authorized by action of ;T . their respective city commission, board of directors or other' authority to execute this - contract and to bind the parties to the promises, terms, conditions and warranties l contained in this contract. 1.19 INDEPENDENT CONTRACTOR if furnishing its independent in The Contractor is services as an Contractor and nothing this contract shall create any association, partnership or joint venture between the f Yi parties, or any employer- employee relationships. 3` 00500 -5 1929 -15.05 j ,i - . IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. x City of South Miami, Florida Party of the First Part (Seal) Ci Man er Attest: City Clerk - Contractor Party of the eco d P rt 1� WITNESS: (if corporation, attach ' _ Seal and attest by Secretary) By: SoSE ►�. (�lJ +ALE -Pee Sl el Title Resolution No. `1 — d3 15 APPROVED AS TO FORM AND APPROVED AS TO FINANCE: LEGALITY: q�'A&We By;' I C Atto ney Direcfor!of Finance k City of South Miami ( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the Board of Directors of the Corporation, authorizing he officer who signs the Contract to do so in its 9 9 behalf shall be completed. 00500 -6 1929 -15.05 W, . M7, . CERTII=IL TB OF LIABILITY INSUkANCE O4TE{�IMmpltsYl �o�r� ona2rzooa FONTAINEBLEAU i NSURANCE CONSULTANTS 305- 227 -0062 ONLYCANDIFICOANPERS N SIGHTS , UPON THE ICERTIF �ory 825€) W Ft1iGLER ST 1124 HGLQER. THIS CERTIFICATE DOES NOT AIIENC E7fTEND �R PRODUCER STREET ADDRE$S ' ALTER THE CQYERAGE t4FF4RDE0 BY THE POL�CIEg, gELptN. MIAMI, FL 33144 oasuRED INSURERS AFFORDING COVERAGg INSURER A: BURLINGTON INSl1RANCE COMPANY 10 PAVEMENT GOER I wsuim e: FIRST COMMERCiAf_ MUTUAL C )AMPANY, 107415W 30 ST MIAMI INSURER c: , FL 33166 — INSURER- d: ' — ------- - -- COVERAGE5 IN' SURER p, r THE PouclES OF INSURaNOE USTEG SELOw HAVE BEEN ISSUED TO THE INSURED NnMEt? AgavE FBR TyE pollCY FEaIaD IHp[cATEp• NC ryyrTHSTewpING ANY REQUIREMENT, TERM Qk CONDITION OF ANY CQNTRACT OR OTHER DOCUMENT 1AI1TH RESPECT 70' WHICH.TN1S CERTIFlCATE MAY R� mccecn ..w ldAlr PERTAIN, THE JN6URAtICE AFFQiip(p EY THE PDLICIE9 DE6CR18ED HEREIN is sua_I�rr Tn ... ��.- —M to POLICIES_ AA[, RAM_'ATC ,.u(Tc ... +- V. acGA RcuVGED OY PAID CLAMS. " ^' °' "LL012IUK4 AWO CONDMONS OF BUEp NsR ; 7YPe OF 1Ndi/A4NCE ^— FOIICYMhJMBER, FWD app re G 4 j N I Qf=R4L LIAGA.RY UMUTS A }TCO�i14ERCUU GENERIkL LW81{ RY 180187Q5f 285881 I 12 -21.02 I 12 -21 -03 s FFIRE a�uRRa:acE i _ l.�LQ _ Ir ' CLAMM MADE OCCUR I M—%GE (aly ate tlrtrj 00 (Any one Paean! —1 5 OOa I I I �PER6pNA1. i ADYIW --� URY (s � 1,� Q(I� t" GE TLAGGRE;GAT@UMITAPPUESPER: �NERALAGGREG�i7E s 1.On4,00Q I 'POLICY 1 PRQ LOC L, i i PRODUCTI -t�M ZDPAal fll 1 1,0a,0a0 AtlTb1AO u LmeL"y ' �• F- ( ANYAUTO ! I I I COM009bp (NGLE UNIT 1 j L AU_ OMMED AUTOS 1� I HIRED E AUTO AUTOS i i i I (orp tm INJURY — �, I® AUTO6 I _ f : NOM -OWNED AUTOS I I I BODILY INJURY i I I i P�gOPE�Ipp,AAAGE I g M LAiAy 6A I i I I I I OT TO ONLY- EACCDENt 16' THERTH414 EARCC j `!D<CE$S +TY AUTO ONLY: L OCCUR Ej CLAIMS MADE AaGREGATERRt;NCE s DECUCT18tE }-- f I RETENTION 1 I 1 WORKE" CIDMPLM16A11DN Aw0 B I Eve�oYartuea,tr 1 i t51-o5 I 1 -9-03 I' �TOm, Llb I I I 1 -3 U4 EI L. Mli ACCIDENT ER 17 Al i h 1.000QaO I E.l.D15EASE-EAEmKo S l.Oa4,i140 01I I E 3 t E.1, DISEASE -POLICY LIMIT ! 1,OOa,0a0 i � I I' D6BCRmliwt DF MR4TIM ilOCA1 fOxl9fyEHICL tCl1lA1QNS AasOED 8Y MMSEMORT19FEC1At Pwv—wi PROJECT. DOWNTOWN DRAINAGE A WATER MAIN IMPROVEMENTS CERTIFICATE H=ER IS ALSO ADD'L INSURED :ERTIFICAIE HOLDER Y �onIT1OKAL IN6uacb; IwsuRsR Lsrmp CANCELLATION �I! EFOR$ tir>y Ei�PIRATIO,c �I SHOULD ANY QF TNEA60VE poAM gD FCLICC& 6E c4wCEt LED 6 aATE IMPREOP, WNO IN6u ER CITY OF SOUTH MIAMI R wILL ewoe4ynR TO MAIL 30 DAYS WRITM x wOTICAi, AND CORZO CASTELLA CAR13ALLO "2"TE HOLDER NAMED to THE LE", BUT FAUM To DAs m0 SIIN" f THOMPSON SALMAN, PA IMPOSATOM OR LlMUTY Of ANY AND YPON 11M W31lRER, IN AWJffS flR RAMON:445 -0865' . 2 ALIT D REPREWAMATIYE I :aRO zs-s ��is7� E. 6 ACORD CORPORA -noN 1988 soul, CITY OF SOUTH MIAMI South Miami Ail- AmericaGih► Inter- office Memorandum 1 INCORPORATED 1927 '® A .t� 0 R -IV 2001 TO: Honorable Mayor, Vice Mayor DATE: November 4, 2003 & City Commission FROM: Maria V. Davis l ` AGENDA ITEM No. City Manager RE: Authorizing the lanager to Execute Agreements with U.S. Lawns for Landscaping Improvements & Maintenance. RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CONTRACT CONCERNING SW 64TH STREET & SW 59TH PLACE MEDIAN LANDSCAPING IMPROVEMENTS AND MAINTENANCE SERVICES, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH U.S. LAWNS FOR AN AMOUNT OF $95695 AND WITH DISBURSEMENT TO COME FROM PUBLIC WORKS DEPARTMENT ACCOUNT NUMBERS 001 - 1730- 541 -4625 AND 001- 1730 -541 -3450; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS As part of the Public Works Department's aggressive landscaping improvements and maintenance program within the City's rights -,of- -way, we have identified the median of SW 64th- Street & SW 59th Place for improvements. To supplement services provided by our current employees, U.S. Lawns will provide maintenance services at the following sites: • Islands along SW 58th Place between SW 66th Street & SW 68th Street • Median along SW 57th Ave. between US 1 & SW 72nd Street • Empty lot behind Absolute Towing • All American Park • (6) Traffic Circles • Median at the intersection of SW 59th Place & SW 64' Street We intend to "piggy- back" on U.S. Lawns' current contract with North Bay Village. The cost of the services will be charged to the Public Works Department account numbers 001- 1730 -541 -4625 and 001- 1730- 541 -3450 with current account balances of $55,000 and $36,000, respectively. 'DES -1 „t,Y,grt3,."i3.'fi3 i6 , , Page 2 of 2 Comm. Mtg. Agenda Nov. 4, 2003 RECOMMENDATION It is recommended that the City Commission approve the resolution. Attachments: ❑ Resolution ❑ Copy of "piggy- back contract with North Bay Village .'?. ,- i:.L =.; "'�,��i'��"m'i r,.;',sE .e•F�§' >"'r 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, 5 RELATING TO THE CONTRACT CONCERNING SW 64TH STREET & SW 59TH PLACE MEDIAN 6 LANDSCAPING IMPROVEMENTS AND MAINTENANCE SERVICES, AUTHORIZING THE CITY 7 MANAGER TO ENTER INTO A CONTRACT WITH U.S. LAWNS FOR AN AMOUNT OF $9;695 AND WITH 8 DISBURSEMENT TO COME FROM PUBLIC WORKS DEPARTMENT ACCOUNT NUMBERS '001- 1730 - 9 541 -4625 AND 001- 1730 -541- 3450; PROVIDING AN EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission wishes to provide'' much needed landscaping 12 improvements and maintenance, and 13 14 WHEREAS, U.S. Lawns has a current contract with North Bay Village for similar improvements 15 and maintenance, with expertise in providing the services, and; 16 17 WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction 18 contract with U.S. Lawns for an amount of $9,695.00; 19 20 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 21 THE CITY OF SOUTH MIAMI, FLORIDA THAT: 22 23 Section 1. The City Manager is authorized to enter into a contract with U.S. Lawns for an amount of 24 $9,695.00 to be charged to Public Works Department account numbers 001- 1730 - 541 -4625 and 25 001 -1730 -541 -3450, 26 27 Section 2. This resolution shall become effective immediately upon adoption. 28 29 PASSED AND ADOPTED this day of 52003. 30 31 ATTEST: APPROVED: 32 33 34 CITY CLERK MAYOR 35 36 Commission Vote: 37 READ AND APPROVED AS TO FORM: Mayor Feliu: 38 Vice Mayor Russell: 39 Commissioner Bethel: 40 CITY ATTORNEY Commissioner Wiscombe: 41 Commissioner McCrea: C9 � IQ of 00 o a� a� o co d N C CD d O 0)a0 c � ) W v =U N .O W Jo��' tl1 �- G R J A 0 O O 0 0 O 0 a+ � M ago rn �t c°fl o L a� co O O F— O O O LO O O O O d O M , cY o ` L6 rn a o LO CL c rte+ C 7 pp I,- O M T- N Cy U C O r. O U f4 IL LO od aa) N _ O U o J ~ Z N R E E N O cm Q U U Q O U C� t0 � L 06 a) N C 't CO co > N v E m 0 d C co _I- O V V W 7 O d El N . M UALAWN City of South Miami October 16, 2003 Public Works Department Attn. W. Ajibola Balogun 4795 SW 75 Avenue Miami, F1 3315$ Rr posal: Lan, dsc_ape InstallAtion U.S. Lawns propose to install the following landscape material for the locations listed below Medians on 64 St & 59 place 9tL RAO- Cost 10-t —al 785 Green Lidope $3.00 ea. $2,355.000 385 Dwarf Ruella $3.00 ea. $1,185.00 2 Red Mulch $245.00 $490.00 We propose, hereby to furnish material and labor in accordance with the above specifications, for the sum of: 'Four Thousand and Eighty Three Dollars ($4083.00) Payment shall be made as fellows: Upon Completion of work. The above prices, specifications and conditions are satisfactory and hereby accepted. Signature: Date: 14085 SW 139 CT. • MIAMI, FL 33186 - (305) 255 -2400 - FAX (305) 255 -2470 U.SLS October 16, 2003 City of South Miami Attn. Alina Manoca! Rrogos -►1: Waterin U.S. Lawns proposes to water the following locations. Prig Location $45.00 each _ Medians on 64 St & 59 Place We propose, hereby to fumsh materiel and labor in accordance with the above specifications, for the sum of. AS NOTED AI OVl Payment shall be made as Billows: Upon Completion of work. The above prices, specifications and conditions are satisfactory and hereby accepted. Date: Signature: 14085 SW 139 CT. • MIAMI, FL 33186 • (305) 255 -2400 • FAX (305) 255 -2477 SOUTy 1927 P CITY OF SOUTH MIAMI 6130 Sunset Drive, South Miami, Florida 33143 (305) 663 -6339 Fax: 567 -7806 REQUISITION No., 5105 F� For Check a, For Purchase Order .VENDOR U. Telephone: 305 :255 -2400 Fax: 305- 255 -2477 Contact Name: Mario Salman/Eddie Mesis DEPARTMENT:' DELIVER TO: REQUIRED 4795 S. W. 75h Avenue DELIVERY DATE: ASAP Public Works 116130 S. W. 72nd Street INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT ITEM NO. QUANTITY DESCRIPTION /SPECIFICATIONS ACCOUNT NO. UNIT PRICE Open; Purchase Order OPO Public Works 01 -1730- 541 $4,505.00 Department 3450 Landscape Maintenance Service Starting October 1, 2003 —November 30,,2003 Bi- Weekly For locations listed below: $375.00 Medians 64 St & 59 Place ($75.00 each time) $900.00 All Circles (6) $30.00 ($180:00 each time) $775.00 All American Park ($155.00 each time) $250.00 Empty Lot Behind Absolute Towing ($50:00 each time) $1,725.00 Median 57h Ave. & US 1 -72nd Street ($375.00 each time) $480.00 Islands on 58`h Place between 66`h Street & 68`h Street $80.00 each time) $4,505.00 Brief Description (Veh. #, for whom, etc.) landscape maintenance * * * * * * ** Attach 3 quotes for any p urehases over $200.00 and Quotes and Resolution for purchases over $4,999.00 * * * * * * * ** I HEREBY CERTIFY THAT THE ABOVE CODING OF ACCOUNTS APPROVED PURCHASES AS' ABOVE APPROVED AND ISSUANCE OF PURCHASE MATERIAL, EQUIPMENT OR SERVICE IS `ORDER AUTHORIZED ESSENTIAL AND A PROPER REQUEST AGAIN S Lawns DATE: " 101 ].5 /Q3 < ADRESS 14085 S. W 139 Court Miami, Florida 33186 SUFFICIENCY OF APPROPRIATION Telephone: 305 :255 -2400 Fax: 305- 255 -2477 Contact Name: Mario Salman/Eddie Mesis DEPARTMENT:' DELIVER TO: REQUIRED 4795 S. W. 75h Avenue DELIVERY DATE: ASAP Public Works 116130 S. W. 72nd Street INFORMATION TO BE FURNISHED BY DEPARTMENT FOR PURCHASING AGENT ITEM NO. QUANTITY DESCRIPTION /SPECIFICATIONS ACCOUNT NO. UNIT PRICE Open; Purchase Order OPO Public Works 01 -1730- 541 $4,505.00 Department 3450 Landscape Maintenance Service Starting October 1, 2003 —November 30,,2003 Bi- Weekly For locations listed below: $375.00 Medians 64 St & 59 Place ($75.00 each time) $900.00 All Circles (6) $30.00 ($180:00 each time) $775.00 All American Park ($155.00 each time) $250.00 Empty Lot Behind Absolute Towing ($50:00 each time) $1,725.00 Median 57h Ave. & US 1 -72nd Street ($375.00 each time) $480.00 Islands on 58`h Place between 66`h Street & 68`h Street $80.00 each time) $4,505.00 Brief Description (Veh. #, for whom, etc.) landscape maintenance * * * * * * ** Attach 3 quotes for any p urehases over $200.00 and Quotes and Resolution for purchases over $4,999.00 * * * * * * * ** I HEREBY CERTIFY THAT THE ABOVE CODING OF ACCOUNTS APPROVED PURCHASES AS' ABOVE APPROVED AND ISSUANCE OF PURCHASE MATERIAL, EQUIPMENT OR SERVICE IS `ORDER AUTHORIZED ESSENTIAL AND A PROPER REQUEST AGAIN P .".iii, W�i"i„ ', FNW- ST THE CODES CHARGE. SUFFICIENCY OF APPROPRIATION A BALANCES VERIFIED (EXCEEPT AS pal OTHERWISE NOTED) HEAD OF DEPAR NT FINANCE DEPARTMENT CITY MANAGER P .".iii, W�i"i„ ', FNW- r - bouth Miami PURCHASE O E PACE: P.O. NO THE CI'T'Y OF SOUTH 111W I9 FLOPJDA C,'aTE FINANCE DEPARTMENT DIVISION OF PURCHASING ® 6130 SUISTSET DITUVE 2001 SOUTH MIAMI, FL 33143 PECK': 305 -663 =5339 fax 305 - 667 -7806 purchasing@cityofsouthniiami.net 1...: , I,` j..i l,,f: }., t'. I j.. :l BILL & SHIP-1 0,- l : TO: �;•,',t_ �:� I..,i.. i �'.i "� r:l..: � .tW it "� i -• VENDOR NO. Florida Tax Exemption No. 23 -19- 324 °896 -54C Payment Terms in accordance with { Federal I® Number 59 -6000-431 FIL Sate Statute # 218.73 DELIVER. BY SHIP VIA F.O.B. TERMS CONFIRM BY CONFIRM TO REQUISITIONED BY .. •.P. i E d i,•'fi 9 f—':, i ! FREIGHT PROJECT REC. NO. RE0.DATE C J i ».g . ° • .. ?� a i a i_ll{ -i . ; }, i� I,i E . > "iii "IT )... r-'r r .. xM t.i5 ,9 Z i s. }.7.. i E V? ft'tx... l„ '' AIR = IN, ,r6" L Phi} 46 ', {'3 , C5 "-) 5 z' t b t I r7 I {. eait "• x1 i.: f3tL IN- .su uIraV I 3., C'�f •�� 2 J t _ CHECK APPROVED BY FINANCE DIRECTOR CITY MANAGER P.O. APPROVAL FINANCE DEPT. , DEPARTMENT COPY HOPTH FAY V-'LLAGE VI LAWN MAINTENANCE S6RVI ,�GRl�El�llll;l�'i BETWnN THE CM 01 NORTH BAY VILLACIE AND oaCdIi�Yjl�t��t �: Tee rovide complete landscape mwinta nari= of publ3 c landsfright- o: -vr'a- 0 the C°11, v.%2 l~otnt6i Bay 'Village. SeMces will be performed in a ptofessiDnai manner by unifornned crap >cyees in order to a0hieve a quality objective wi ich will maintain all punt matcriall. l,tr a healthily, growing. clean and aesthetically attractive form througbout thA: yeas'. Spociflcally, the areas of service it tbis propoaal include a.11 of the public la'adsIrIght- of -way within the City limits of the City of North Bay Village and uhosu public lands adjacent to the City for which die Ciiv hm contractual rnaintenaace obligation und .r existing agreements between the City of North , ay Village and the x loci ]�eparccrrimt of Tran spormtion and as described In Section Vlll of this s reamenz. t TR,4 el IOR 1d C; Est i l l ` h6 contractor shall maixatain, on file in the City Cierk °s office, durJ% Chit tt ni oaf this contract the fu'llowing m ninturn insuramle coverage. arad limits. The Ciro; of North Bay Village shall be an additional named insured on all policies: :�. Workman's, Compensation lnsuraance, as mquired by taw. p Liability, Au:torr obil and /cr Truck- Instazance: B. �c�nr rel?.ertsrvc .general i >iab I., Bodily injury and i) th `' in-stin, nce with li-mis of S300, W1 (Comprehtnsive General viability Insurance) 2.. Automobile with limits of $1, 4.00011000 400, 3. property damage. with a'limit of $100 OW per o(zurrence: Additionally all employees working for the Contractor will be required to obuizz Police LD. cards ►r,orn the, North ]Bay village Police Deparonent prior to Cor:trraencement of wotk Arid a completecriminal backgtovaid ched;c. NQFTM i? V L.LAGE VI F'fs'a The contracror must demonstrate qualifications to compiett the work sub e -v to the, approval on the City's Public Works Depsrument, T esa quahficxions irclu e are not limited to, similar past work experience, available equipment, avzilable. manpower. 2nd a cl %ent teferencre list of five: of the most recent past projects of sim!l�r scDpe and S i ze ygµy �yy A. The contractor stall, at all times, conduct the work in such nta.nraet as to ensure the least practicable obstructiao to the public and the residents along oral adjaaent to the area of work. The contractor must adhere to all city codes, Access to fire hydrants for Cityyrelaied work shall be provided at all tinges: Work conducted within the State of Florida Department of Transportation i D.O.T) right -of -way on John F. Kenncdy Cara'40vay (79th Street) Shall be performed in accordance with the F D, ,t safety guidelines. B. The contractor will be responsible for initiating, maintaining, anal, supervising all safety prtcautlons and programs in connbcdc,)n with the work. Co tractor must have the capability to communicate via two. way ,radl;) anal /or 'cellular phone with the Public Works Department, Contras or shall supply city's Public Works Department with a two -drag+ ra:die of phtire. The contractor will, also all necessan.v Precautions for the safety off, and will pravide the necessary,, protection, to prevent dainage, injury, or Joss tut f, Ail erripIOMS son the work site and bthbr persons who may be affected thereby, ? All the work and r,tscerials or equipMent to be incorporated thtrcin, whet✓ er in storage on or off the site. and 3. Other property at the sice or adjacent thereto, inciuding `;trees, shr�ahs, lawns, walks, pavers anz, roadways, structares, and bt litie4,, '' in the csatarse of vlor. -- .y';.�:, , , _ .,a ..'�^,. . ;. _ =w , ,.:, .. < „ -,.• .::, ,... r v�"i"�',x„'-' ,Na., ,. _ Via*. . ,r ,,,.- ."�`,,x:"g= ".°A`ss,�'_ R. ..aiw�'�";ez,�'.� �i,"T ��^.r v .'",.,..,,� , v%v ,=, - 0 ;'r 3 . b _ 1 343 3053689849 Nul-: ?.H kfAY A. lud—CM 1. Mowing a.) Mowing will be performed in a workmanhke raxuar ONZIng romry power innowers, b.3 All turf areas shall bl- mowed once every two ,veeks or a rilininlipCl of 2,6 tidies a clap dar year, 2, Edging a:) Mechanical edging will be performed using a .hard blade vertical gager. b, }, Surfaces adjacent to ',asp'nih, concrete curbs, sidF,,.wa.iks and planted hods will be 'edged �n conjuAlCtIon wife the mowing aperation at every visit. TrkamiLg of Gras a) Gmss will be trimmed in conjunction with the znowir!g q)dratiorz at each visit, b.) particular attention will bie given to trimming arour.d %priWcle 5)stexx,s to ensure their adquate wamr delsvery, Contractor will be responsible for the repair and replacement of broke.t ' or damaged sprinklers, 4, RakhRg Grass clippings caused by rnowing, edging, and trimming will be rcnioved f'ron, curbs, storm eraini, parking lots, str cs, walk-ways, planted beds and ali other adjacent s:trfaces on the sarr :e day rno ed. B. 1. Shrubs and lie a.; Shrubs and Kedges are to be maintained by manual or rr echanieca! hedge clippers. (NO MACHETES) b.) Head or broken bra ,hes weld be reimwed f om shmW a.rd hedges 3e7';IS689V NORTH gad , VILLAGE Vi Growad Corer and, Planter Beds a.) Ground cover and planted hells will be trimmed cue pruned as necessary to maintain a desired bed height and to cricourage plants to now Out to provide complete coverage. b.) Separation of ground cover i ietici will %e masse so thw, there no spread to areas occ;apied by otr;er ground cover; varieties. 3:sres lm 1. Maiatenauce Pruning Suckers and Pew sprouts will be removed from tree trunks a i a routine basis. b) Low limbs arrd branches will bsr pruned and maintained 'to provide a ten. Foist (10) clearance ever walkways, sidewalks, parking lots and other crew which would interfere ith r•ehicles and/or pedestrians. Overall tern foot (10') elearnnee will be itia:iritained on all trees urls;,ss certain varieties Bi=te a lower Tara ,ch height. Limbs and branches which obatract the view of street "igr age will be trininted to afford a reasonable view of tkze sigrrage. Limbs and branches whiCh interfere with stmet_lighting; shall be trimmed back to ensure adequate lighting of r'badways and sidewalL , 2, Amnual Fruoiog, of *ai city ram (Sabel, cocetw'., and other palms;) Prune ytarly in May rerrovil }g all. Doses, fyult,UeMs and fronds hatngisjg below horizontal. a.) weed. cor..troi will be performed on planted 'beds and iai tc,� We, IIL by means of manual, mechanical and/or ohemic&l means b.) Where. 0 errl:cal weed con:rdl is feasible, application of a systemic hi�l ide will be ma& fnr post emergency control 4(,SRTH ,SAY VILLAGE '? Streets and Sidewalks, a;) 'Weed control will be performed can streats, °urbs a,d sic, ,walks by aeons of Manual, thechan; l and /or chemical to b,.;.T.q, b.'Y Where chemical we--d contra; is feasible, systcrnic herbicide i'Roundup Pro) wil.i he ,,n.a c fk,. einr:tgMe control, (Conrrac:or to supply herb4Ac!dc) c. Pi aui S m m -'The corntravor shad, at no a .'iticfr i, cost to the C:itY, i'eplace seEsonal 'plants, as desiarrrined the cllty's Pablic Works Daparimeat up to three (3) times 2a /e (Seasonal plants to br supplied by the Citrr). 1.i£ 1. Litter to be pic';�ed up C:it wide at leapt four, (4) tin , es s per xee l, ( `vl aradaw, Wednesday, Friday, and Saturday) alum City 1-igla1 -of -ways and ottdOr City Owned properties, �. Coatrwnor- generated litter and debris resulting forr l:aniisc��ne mainterance functions, will be romoved by the caaxtt'actor. 3 Contrccto,c- specifically Agrees thane under no cirai�mstaaces wi tandscapt~ debT, is or litter be, blown into stormwater inlets. 4. The ccntractor.has the option of transpotrl to the Ci*y & Yut Si 3rks facility liter and debris generated un4cr the provis'*I -j Of this t:uatr - :t. Lirwr and debris so trarrspo"c"hAll be plsced in proper receptacles as ?It ermined by the PubLic Work,4 Department. F. OX2 ?. All landscRpe (areas erred under ;his contract will receive thy; j, -711- ica iwgi applicatiOras per year. (Fertilizer to be provided by contract. y. The type of fertilizers to b--: used grt,. as fc)lIQWs. a.) !Q—Lau 24-5-11 raatular slOw #r release twice per year. la.) 51ar� > ara Three aplalicAdo9>s per ye2r, Aptil, tube, November with erne (1) Sb of Usco, &f io-•t0 fertilizer per one huridred (100) set. ft. 0 7 2f L', y .1F fr'Orq; °H SAY V1 L Wig_ '0.1 Q.) TtM r Two applicatiat r year, April &ad September, with ono-half lb, of -6-6 or 8 -10 -10 Lesco fertilizer per 1' . caliper measured 24" above rbor. bell, Pis That applications ptr year, as per sc4xedtlle for tree fertilization, as falows; 1, r Palms 4'..6' cavern.;; height - one•half Ili. of Irnprt vet Palm SP1631 fertilizer per appiim ion. 2.1 Palms 8'' -12' Overall' height area (1) lb< of Iniprcvi.,ci Palm. Spwial fertilizer per application. 3.) Palms W -50 1 overall height - three (3) lbs. of 'Miproved 'Pala. fertilizer pei applicatiop. a) SMUNW - OM. initial and one mid - tenet applif.�atior, Of lNutziccte total ievetty (70) day 13-3-13 fertilizer for d= seag()nal color planting. ; f,) Li1GLEkMWLDAfSUe= - Shrubs and ground cover If pjara,' begin to show systems of Chlorosis, drench root ball area, as needed, with Knor -gro Mix, 798-C, by Vigoro. Following manufacturcr*s - nstructions. Conit"actor shall maintain, m-pair city -wide irritation Syltem as Ilee j d. Prior approval Must be obtained by the Public i orles Department. [_ "Yty will pay fir Materials used. t thv 1. All those "eas nOw h1vivS mulct' will be malntalned by the aortr.c.cw and rew oxcas as designed )�V the t,ity, 'The naulch will be supplied by the contractor. 'r, �3'2tt13 ti; d� r ` t 315' !'.99c h�OR `H, BA _LLA6EY VI A. Treanm bland 1, All grass arem on each skis of Hispanola and Adventure Venues m All grass areas at the Public Works SuLding, Tot Lot 3. All mediums on AdvetiNTe Avenue, Hispa cola Atienve and No Treasure Drive 4. All sidewalks and curers S. Pirates ,Abby, 6: Hedge trimming and weed `control, olty parking list' adjacent to is t nursing home at Elie intersection of North Treasire Drive anti Miitfity Avenue. 7: ,:ittEr tO be. piolced lip City 'wide at least four (4) times pets• giver :k +No, day, Wednesday, Friday, &nd Saturday) along () right -o` wa s and ether City awned properties. B. North th Bay ilsl(ard 1, Fountain area at entrance to Island. 2, A "r.i shrubs and hedges along wall fror. sing the Island 3. NIO+ "ng and trimming Of all areas within the public right -of' war au'or,j Kennedy Cause ray 4. Median surrounding Cuardbouse S. All t=—s, shrubs and hedi s within ary public right-of-way on tine lsianj fb.- trimming purposes otxly 6: Liner to be pichd up City pride at least Aiur (4) times per Mief, (Monday, Wednesday, Friday, and Saturday) along City 2md ctthtr City owned properties. C' Harbor Island I. Einranc -C medium to Island AM i it3l ni- islxids located on City's right-of-way 3, all grass area located on city's .right -of -way 4. All grass, trees, and shrubs around municipal complex. . U71 T _ • ,. , . �.,, ter. �3 ; j._ 3 1: c1 i 3435 eE9E NOR.7H ,$A'r . 3LLAGE tij PAGE 95 �• hitter to be picked uP City wide at least tour W) tiMes Per week (Monday, Wednesday, Friday, and Sa,tur&y) along City right- af.ways and, other- City awned properties, John F. Ketwedy Causeway Y Aal, mediums pram Vie middle O 0 :e west flat bndge to the east. drawbridge ? All areas within the public right-of-way along. Kertnedy Causeway, rinc re specifically these areas Sara both sides just w94A of the east drawbridge, the area ill front of C~hannal 71WIOD and that area oti the north side ar' 4; a east and weWf;at bridges. Lkter to be picked up City wide at least four (4) times per week (Monday,' Wddnesday, Friday, and Saturday) along City right - cif -ways and other City Owrad properties. nl e successful bidder shall provide labor and equipspae±tl to the city ira c- -gent of a hurrieam-, emergency or other natural dis,'Mor requiring additional Manpower beyond C. c City's capability, ��e 2�!� •r nd Ec�t�,l�,l.itt Successful bidder agrees to provide a. minintbatt of three (3) workers, three �r�x chain saws and vehicles fOr any emergency situation as deslg ted by the City Manager or kis designated agent; Paymant will be made for actual hours worked in the City and does of in -ITudc, ft-Vel time gettiug.t a and from, the City, C.aatLll Activatiou of an EKERGENCY SERVICES situation shall tte made by the City Manager or his desliatated agent. The Manager's designated agea,, expressly, includas, but is not limited to the Pt.lblic Works Director. Sit dar ".!.3 11:43 105= WORTH YFi'f 'v'ai t.Atw`w V1 "a ral Auallability aW B 9d In gener 1, it is the intent Of this EMERGENCY E CES- section to have the connector in the City for a short period of time prior to any l ur'rica.rac tmergency or other nanrirai disaster. Jn addition, it is anticipated the'c:oatract €7r Would return to the City immediately after the storm for a period of %! ark sub5tandaliy ir: excess of the pre-storm services. By way of procedures, it is lacss 'bit that alter an emergency, then: would be ro telephone service within the City limits, Accordingly, the contractor will proceed to the City anc vuror y the candition of the City roads, seeking verbal authority from the City Naanager or his designated agent'to commence work activities. In the unlikely event that formal atatbority is not obtained quick enougb to deal with the public emergency, the contractor is autboriaed to use sound judgement and practcd to initiate the world on his own. ; However. ever. this self - initiated clear - tip procedure cannot exceed mote than four (4) hours of charges to tthe City ��ithc�tc express approval of°an appropriate City representative, rn. Contractor shall be rewired to keep ac:cutate records of all manpowaf and equipm "t used during ewtergency services. F. S3.11Ataw mxj Cant Other than expressly stated above, there is to be no miniinum time oFrall cart.. 1r is the inreW Of the City that in most ip.,,tgnoes debris will be Cut up by tai contractor's workers into scgirrenu. no jar gt9 thM f{9Gtt (4} fit in lol3gLh, and placed deafly at roadside loscations fat, pickup by the Cky. However, it is possible that the comractor will find ie necessary 'to load his vehicles and haul off det�ds to a dumping facility. in %%�ch an event, the City' will pay or ,eirnburske for all dsurnpittg fees. �• F�v�erat Items A through, G fire to be compensated on a. flat hourly basis. O- V23: 20.1 3 1'1: t{' 3253669849 NORTH ,;r-'Y `v,:L,. ,'aE V1 PAGE VM A. The mowing of all turf RreaS thro rghout the property for the snecd,ianslswale afeas between Nraccaastal Bridge acid North Say Island, per the sch , edu le stis -i%q al0W. 9, The edging oil al! walk arO c -rb araa.s it eOrjcLirrerlce w;tl's 'aach mow'rrg, C Tbo edging of all plant beds in r.oneurrerrcc ,,otj% eve €-V MOWMg ot aS 1j5pasari xn requires. D,: The weeding or all pleat beds are often as plan health and the hi h st laud c%r order requires. E. ""he 3e117ctive prUnit►g, one tAme per contract period, of all woody orriar:rer tals t.r1d trees less tha , eight (8} feet in h- .fight. To balsnr� infiltrating'_ light, 'ta remove dead wood harboring insects and disease an4 to proincte rn" -imum. hea.ltY aa7 growth. F. Small ornamental, palm trees will be trimmed uoee Pei year during Lh.G grc�+�;vag Baas €yn. Gz The ghearirig of qualifying shrubs and hedges to maintain desired. s',iape and app. earance, kf the power clipping of grass areas littered in the mainteranre. process. 1, The blowing of all walks and paved ar:a, litte,- d in the maintenance. process .t. Cornpanv ass€rraes respons €brlrty for zny arnd all darns e, fhcl clrrl izra atlrrr c ompenents that occurs as a result of the ;11a. rtenarlee process. Company is not respoosible for the, con€iition of tile landscape due to drought freeze, irrigation c:fl t'; aef :cs or s=can Banta e. 1°lowever, un er separate contract, comparryr will provide the Following services: 3. Replacernnent of turf, plant life, or irrigation components. `l°:he removal of storm or fr•eezt-.- related debris. 3. The maintenance of trees exceeding seven (7) feet in height. Company a.ssumt"S raa Iiabilky for damag;.s or consequeajtial damage& causee. by conditions beyand their control. M r r 1 2013 !'i: llA _ 'c�,3E a�49 ,jopTH. _'JAI �'�ra VI 'a 'The terra of thiS Agreement sail be three (3) calendar year's from the date of Cit;r's apt eaval arad s:t i! be cornperis t;td for tf,4 total anqual Sum of (ro be; typal in b„rr Didder) Ny>rien* to be puxessed fey le altY on a .Monrhly basis upon reccipt of contractor Cit), resemei the eight to terE ainatt contr,,ct after a thirty (3t�) stay nit► � .spar. via eerli'tied mail, AI-T- T'FR�MS ARE HEREBY OGRE D I {) HY 'I: F0 ,LOW,I>N p '`7C ; FOR CITY. OF M 'A PAS, '4flLi AGE: CITY Of NORM DAY VILLAGE 7903 Last Drive N010 f3aY Village, FL -13 t41 pholue, - C305) 7565 -7117, - t .. I Cites tanager Date FOR C(%1pAjNy., a Cornpary Namo 1riatui e 14 o Address ... _ Printed €NarPe and Title CitY/StAtOZIp `lot ?r, `l- 23 -03 01.37P PINECFES+ PUBLIC WORKS 3035 234 2119 P.01 '� a Q [�UARTMENT OF PU9Ll " `J 0fRKS il"' C E A FCLN — n 41'(_ .� f rnn,: MARIA FI RNANDf / P(..TRftn.l A 4:,,x V f'aocs: Phone FJ t !secnt n ! , u 'v.. h filertaUocs ❑ !'Ir,rsc C'or,r rt ntiltcply c, t'ot!r ,_ .lut cc �r C'c,rriments. ' y� 1 d' E i > ?1 .5i)lll "H (}iti:FtirFFF14W.1Y. E'tNt'�'i? _ST. PCCJ! <![iA 33156 -(3n5)234-2116, FAX: (305)234-21;9 = F -MAFL, ru;�lirirurk,c it tccrrsf -?' g i+ 3- ct�srr,L s e.s, Jul- -23 -03 01 :17P PlhECREST PUBLIC IiJORIKS 305 234 2-_19 F 02 LAC age DEPA Tt'� E OF PUBLIC' W+ ih -,.. v Marla Ftniandc: Von u °abffa Works l :rec• jr RIN ECT"'ES July 23, 2003 Re, U.S. Lawns of South Dade To Whom It A y Concern: 1 hereby certif. that it is a pleasure to work with U.S. Ieawns of South Dade. They are very professional and are always willing and able to answer to our needs, including the after -Hours unforeseen em .-rgencies;' U.S. -Lawns has a diversified Meet and iaborers . that cc itribute: to the "always" ahea--a_of schedule production at a very competitive rate, They _also denie•nstratc a Sol.iti knowledge In the landscaping field. U.S. Lawns is a well established company 11at is here to stay, conservi r ig, preserving and improving the aesthetics of our communities, If l can be of .urther assistance, please do not hesitate to call me. Sincerely, ?Maria Fernandez rt•ata Public Works Director l�l~'1?�nlc cc: 1J.S. Lawns 1509 ^UTH DIXIE HIGHWAY, YINECREST, F DRIDA 33156 • (305).234-211,', a FAX. (3305) 234 -2119 • E. -MAIL: pabl marks'& -i c l.ep.. i ,.. �.. ` 5 sou'v CITY OF SOUTH MIAMI South Miami 4O 2rr NI- Amedea ft Inter - office Memorandum INCORPORATED •� 1927 . L (0) R AV 2001 TO: Honorable Mayor, Vice Mayor DATE: November 4, 2003 & City Commission FROM: Maria V. Davis AGENDA ITEM No. City Manager RE: Authorizing the City Manager to purchase two Automated Garbage Trucks RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TWO AUTOMATED, SIDELOADING GARBAGE TRUCKS TO BE PURCHASED FROM GENERAL GMC TRUCK SALES AND SERVICES, INC., IN AN AMOUNT OF $310,766 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT LEASE PURCHASE = TRUCKS ACCOUNT NUMBER 001- 1720- 534 - 4455; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND &'ANALYSIS:- As approved with this year's budget, our Public Works Department is preparing for the proposed Automated Garbage pick -up method. Two HEIL trucks, Python model, with 940ot reach automated arm are recommended for the operation. The proposed HEIL truck is expected to save up to 4, seconds per stop, save gallons of fuel per hour and with it's reduced noise — a benefit to everyone on the route. HEIL Environmental Industries, Ltd. submitted the attached October 22, 2003 letter promising to train our employees on the use and maintenance of the trucks. HEIL ,promises to bring their mobile classroom truck to our Public Works facility, to provide 3 days on -site mechanical training for all our mechanics and truck operators. For the first 2 days, our mechanics will be trained on the electrical, mechanical, hydraulic and trouble shooting schematics. The drivers will be trained on the third day. For the purchase of these trucks, we intend to "piggyback" on -a current purchase order with the City of Homestead. The total cost of the trucks is $306,766.00, with a 5 -year extended warranty_ for engine and transmission for an estimated additional cost of $5,000.00. General GMC Truck Sale and Services, Inc. submitted the attached letter guarantying the price. The total purchase price will be financed through the Florida League, of Cities at 4.23% interest rate and an annual payment of $66,866.10 to be paid over 5 years. This year's lease payment will be paid' from account number 001 -1720 -534 -4455, with a current balance of $68,108. Page 2 of 2 Comm. Meeting Agenda Nov. 4, 2003 RECOMMENDATION; It is recommended that the City Commission approve the resolution: ATTACHMENTS: ❑' Proposed resolution Copies of proposal LJ Copies of "piggy- back" purchase orders Letter from HEIL'Environmental Industries, Ltd. ❑ Letter from General GMC Truck Sales & Services, Inc. ❑ HEIL Python Model Automated truck brochure 1 2 RESOLUTION NO. _3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 5 FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TWO AUTOMATED SIDELOADING 6 GARBAGE TRUCKS TO BE PURCHASED FROM GENERAL GMC TRUCK SALES AND SERVICES, 7 INC.; IN AN AMOUNT OF $310,766 TO BE CHARGED TO THE PUBLIC WORKS DEPARTMENT 8 LEASE PURCHASE - TRUCKS ACCOUNT NUMBER 001 -1720 -534 -4455; PROVIDING FOR AN 9 EFFECTIVE: DATE 10 11 WHEREAS, the Mayor and City - Commission wish to purchase two Automated' Side - loading 12 Garbage Truck for the Public Works Department and; 13 14 WHEREAS, the Mayor and City Commission authorize the City Manager to execute ,purchase 15 agreements and financing contracts with the Florida League of Cities in an amount of $310,766. 16 17 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 18 SOUTH MIAMI, FLORIDA: 19 20 Section 1: The City wishes to purchase two Automated Side- loading Garbage Truck for the 21 Public Works Department Solid Waste Division. 22 23 Section 2 :- The purchase will be funded through the Public Works Department Lease Purchase 24 Truck account number 01- 1720 - 534 -4455. 25 26 Section 3: That the Mayor and City Commission authorize the City Manager to execute 27 purchase agreement with General GMC Truck Sales and Services, Inc. and financing contract 28 with the Florida League of Cities in an amount of $306,766.00 and a five -year engine and 29 Transmission warranty for $5,000,00. 30 31 Section 4: This resolution shall be effective immediately. 32 33 PASSED AND ADOPTED this day of , 2003. 34 35 APPROVED: ATTEST: 36 37 38 CITY CLERK Horace G. Feliu, Mayor 39 40 41 READ AND APPROVED AS TO FORM: Commission Vote: 42 Mayor Feliu: 43 Vice Mayor Russell: 44 Commissioner Bethel: 45 CITY ATTORNEY Commissioner Wiscombe: 46 Commissioner McCrea: DAVID STEGEMAN 561 656 S350 10122/03 03:01pm P. 001 GENERAL GMC TRUCK SALES & SERVICE, Inc, -� dba VOLVO TRUCKS OF PALM BEACH 10/22/03 Fax 305 -688 -7206 Mr. Ajibola Balogun REM C/o City of South Miami Mr. Balogun, We will honor the price of the Homestead bid, Purchase Order # 01.1243. Price of Truck and Body $148,383,00. Delivery will be 5055 Days A.R.O. rte, Thank•y u D vid Steleman 360 South Military Trail • West Palm Beach, Florida 33415 Phone: 561 - 686 -8906 FAX: 561 - 697 -8429 ,. W, 1— x.Wnn �7 Ica _t 10/22/03 WED 09 :24 FAX 5617537767 i.howard [7.]001 NEIL ENVIR J NMENTAL INDUSTRIES, LTD. A OOVEB COMPANY October 22,2003 Mr. Ajibola Balogun, REM City of South Miami 4795 S.W. 75h Avenue Miami, FL 33155 RE: Training Mr. Balogun, I enjoyed meeting you yesterday and want to thank you for taking time out of your schedule to meet with me. Per our conversation on mechanical training for automated side loaders, Heil will provide on site mechanical training for all of the cities mechanics. The on site class will provide each mechanic with a Heil mechanical training book that includes all electrical, mechanical, hydraulic, and trouble shooting schematics. The training will beheld in 4 to 5 hour sessions for two consecutive slays as well as hands on training on the units. Driven training will take place on:. the 3 rd day, this will consist of a mock course set up on the city yard. Mike Altmyer the Heil driver trainer will work with each drive independently to ensure a complete understanding on how to operate the unit for maximum efficiency. Mike and I will also be on hand March I" for the initial start up of the automated garbage collection system to help the drivers. Thank you for your interest in Heil automated side loaders. I look forward the working with you and your staff. Sincerely, f Joe Howard Heil Environmental. Industries, LTD 501- 818 -628€ 6400 Building B • 5751 Cornelison Road Chattanooga, Tennessee 37411 Phone: (423) 899 -9100 • Fax: (423) 855 -3478 Fax 3052463244 Oct 23 2003 10:44 P.02 t 790 N. Homestead Boulevard • - • - • 5 Oriva33030 -629 2/27/2001 Homestead, F: c Phone: (305) 241-1$01 • Fax: (305) 246 -3244 P.O. NuMSFA ANO RE4UESTING DEPT, MUST _APPEAA ON AU iNVOICES. SHIPPING PAPERS AND CQRRESPONUNGS PAGE I VENDOR NUMBER; 7755 GENERAL'GMC TRUCK SALES & SVC CITY OF HOMESTEAD 360 S MILITARY TRAIL PUBLIC WOFZXS & SERVICES WEST PALM! BEACH FL 33415 S'L'EET WAREHOUSE • PH (561)' 686 -8906 350 -B SE 6TH AVENUE FX '(561) 697 -8429 * HOMESTEAD FL 33030 SHIPMENTS ACCERrED p1IQNvAY THROUGH FRIDAY FROM 7.30 A.M. TO 17:30 A.M- Id a 0000057 SO NET DES'TT- NATION $E5T WAY * • + • . PRICE • PLEASE SIGN AND DATE A COPY OF THIS PURCHASE ORDER AND FAX TO (305) 246- 3244, ATTENTION DICK FERRER AS YOUR ACKDIOWLE EMENT OF THIS ORDER. DATE]? PLEASE PROVIDE EXPECTED DELIVERY DATE: IF YOU HAVE ANY (QUESTIONS OR CONCERNS PLEASE CON'T'ACT BRIAN O'CONNOR 305- 247 -1601 X 222 OR E-MAIL: B000NNOR4C I . HOMESTFAD . FL . U'S t 1 070 053 55050405196040 1.00 EA 154298.0000 154298,00 AT TOMATED SIDE LOADING GARB.ACE TRUCK IN ACCORDANCE WITH CI'T'Y OF HOMESTEAD SID 0200102 - AUTOMATED SIDELOADTNG GARBAGE TRUCK - 1/10/01 OT ATTN: DAVID STEGEMAN APPROVED BY CITY OF HOMESTEA)7 CITY COUNCIL ON ,MONDAY, FEBRUARY 19, 2001 15' YOU HAVE ANY QUESTIONS PLEASE CONTACT CHUG JACKSON OF THE FLEET DEPAR'T'MENT AT 305-247-1$01 EXT 370 l , E REt;,UESTiNG 1= P,�>i7uTcEV' • + 154298.00 FLEET /MARTIN /SOLTD WASTE • -17 •' f r- �i_; r ,._ b .A,42 5'i' rrs $ALES rt C. r lr, l...rial . iX re ✓. v . 71 st , 1:'YJ I,r( .e. irnQUnt i, X. nzt Nl.. ,.r .,I,r s...r, .c,u,.3, '� ,.�? ._�la� .tr•� !v'.•.n ax. ?-0.11cate No. -: a.r.Y .a ��.: r. _., < „rc, r,,: r rd •,.ai.,.3A i- yrlar�f ., .r d i::• r,: - M1 t,vr?y — r ,. .::. _.,x = n_. rV •n,..:z9fl`C['fp ' f1 AS ,rt,Si��(3L•`:' hc� ? (,tv of �c >irsan as Zg r rs:r PURCHASll: Qrenar $tffey f7Z[s ShePts >Cr r cl r.irf:.. rs. s: v m.rr, i ';,r.Ga • nX;c c ,�( „ .. ^';;�',-„s°7F Po; bD1 bMd9j ftaml City of Homestead ll-U9-0U 9 U am p, 1 of ? INVITATION TO :SID AU'I'OMXI'ED SIDELOADINCT GARBAGE TRUCK BID #200102 — 1/10101 — OT RID OPENING: JANUARY 10 2091 l 1.0:00 A.M. For information contact: Charles Yannis, Director of Purchasing City of Homestead — Purchasing Department 790 North Homestead Boulevard Homestead, FL 33030 -629a DATE ISSUED: 11/22/00 cv, Fn-M: 1Jni AUTOMATED SIDELOADING GARBAGE TRUCK BID #200102 — JANUARY 10, 2001 1.0 GENERAL CONDITIONI I,1 SEALED BIDS: The City of'Homestead '("City ") will receive sealed bids for a "AL;T "tb_ IATED SIDELOhDING GARBA, GE TRUICK" FOIE 'TI- E CITY OF HOMESTEAD no later than 1 0:00 A,M., WEDNESD. -W, JANUARY 10, 2001, or any time prior thereto at the City Clerk, City Hall, 790 worth Homestead Boulevard, Homestead, Florida 33030 -6299. Original copy of Bid Form as well as my other pertinent_docunients lnust be returned in order for the bid to be considered for award, All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form: The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title. Telegraphic bids will not be accented. Bids received after the closing time and date, for any reason, whatsoever, will not be considered, Any disputes regarding timely receipt of proposals shall be deckled in the favor of the City of Homestead. Interested bidders with a fax machine may obtain the complete bid package by calling oar automated facsimile system at (;305) 24.7 -1801, ext. 225, and following th e recorded instructions. Be prepared to enter your fax number and the Document Number of the bid being requested. Bid tabulations will be posted as they become available on our automated facsimile system. Please follow the above instructions and request Document Dumber 1200102. I.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted, if a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it, Corrections must be initialed by 'th , person signing the bid. Any illegible entries, pencil bids or corr.clions not initialed will not be tabWated. The original bid conditions ' and specifications CANNOT be changed or altered in any way. Altered bids will not bs considered. Clarification of bid subn(itted shall be in letter form, sign =.ed by bidders and attached to the bid. 1:3 NO BID: If not submitting a. bid, respond by returning an original copy of Bid Dorm, marking it "No Bid," and explain the reason. Repeated failure to bid ;without sufficient justification shall be cause for rernoval of a supplier's name firorn the bid mailing list. NOTE: A bidder, to qualm- as a respondem must submit a "no bid" and saute must be received no later than the stated bid opening date and houi. 1.4 PRICES QUOTED, Deduct trade discounts and quote firm net prices. Give bath unit price and extended total, <when requested, Prices must be stated in units of .quantity specified in the bidding` specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must Ltie F.O,B, destination, freight prepaid (unless otherwise stated in special conditions), Dis:ounts for prompt payment: Award, if made„ will be in accordance with terms and conditions stated herein. Each item must he bid City of Homestead - -- Bid , #2001 02 - - -1 /10 /01 5 I'n, ..tii6� :�9�9: tram; C_.ty ,.f linm,estc4si 12 -C,4 0 9, at: an p .i of 33 separately and no aft:Wrript is to be made to tie any item or items in with any otlser item or items. Cash or quantity discounts offered will not be a consideration in determination of mvztd of bid(s). 1.1.1 TAXES: The f >stv of Homestead is exempt from. all Federal Excise and State faxes. The applicable lax exemption nusnbor is show on the Purchase Order. 1. 4.21 1fliS'I'.A h:3+:5: Bidders ire expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies arid. services. Failure to do so will be at the bidder's risk. 1.4.3 CONDITIONS AND PACKAGING: It is understood and agreed: that any item offered or shipped as a result: of this bid shall be latest new and current model offered (most current production model at tl:e time of this bid). All containers shall be suitable for storage e or shipment, and all prices shall include, standard commercial packaging. 1.4.4 UNDERI�VR'IT'ERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and f rbrt; and assemblies shall be UL listed or re- examination listing where such has been established by UL for the itenl(s) offered and furnished. 1.4.5 BIDDER'S C'ONI I`l'IONS: The City Council reserves the right to accept all., any, or none, of the bids submitted, waive irregularities or technicalities in bids or to reject all bids or any part of any bid they dean; necessary for the, best interest of the City of Homestead, FL. The City Council > also reserves the right to make a-vk and of the. bid on the basis of the total bid, or groups of items, or on an item basis, whichever is in the best interest of the City of Homestead, FL. Bid prices should be submitted with the undsrstanding that the City of Homestead is not authorized to pay service charges, which may be imposed due To the late payment of an invoiUe, which has become delinquent 1.5 EQUIVALENTS: If bidder offers snakes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid.; Specific article(s) of equipmendsupplies shall conform in quality, design and construction with all published claims of the manufacturer.' Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a. standard of acceptable product quality level only and should riot be: construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered cor-atorm with or exceed quality as listed in the specifications. Bidder shall indicate on the Bid ]Founts the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications its listed. Other than specified iterns offered requires complete dcscriptive technical literature marked to indicate detail(s) con:fbrnlance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DArA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached forna. 1.6 AMERICAN MADE: The City Councii of Homestead., acting in session on Tune 20, 1983, adopted Rosoiution No. 83 -06 -21 which states, "That it is the intent and policy of the Ciry Council of the City of Hornestead, Florida, that ii }' of Ht3mestea i - Bid #200102 -- lltJ," ;l 3 5626"e63893 Froal, C:.ty c: t'Dnes'ea4 It-04 -00 °Caw, 4 c 3? The needs of the City of Homestead for supplies, materials and equipment be net using only those supplies, materials and equipment manufactured in the United States of America wlia ,n same are available and when, the price of same and the l.id of same is consistent with the bidding, provedures of thty City Code of the City of Homestead." 1.7 NON - CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Items delivered, not conforming to specifications; may be rejected and returned at vendor's expense. 'These items and items not. delivered as per deliveiI7 date in bid and/of purchase; order may be purchased on the open market. Any increase in cost may be charged against the bidder, Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.8 SNNIIPLES: Samples of iterns, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be rtsponsible for the rernoval of all samples furnished within (30) days after bid, opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the. bid. Unless otherwise indicated; samples should be,, delivered to the Purchasing Department, 450 S.E. 6th Avenue, Homestead, FL, or mailed to 790 N. Homestead Boulevard, Homestead, FL 33030 -6299. 1.9 DELIVERY,. Unless actual date of delivery is specified (or if specified d.-livery cannot be met shod; number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided; Delivery time may become a. basis for making an award. Deliver,, shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.10 INTERPRETATIONS: Unless otherwise stated in the bid; any questions concerning conditions and specifications should be subntittrrd in writing to the Parchasing Director, 790 N. Homestead Boulevard. Homestead, FL 33030; Fax: (305) 246 -3244. 1.11 AWARDS: In. the best interest of the City of Homestead, the City Council reserves thy right to reject all bids or any portion of any bid they deem necessary for the best intWrest of the City, to accept any item. or group of items unless qualified by the bidder, to acquire additional quantities a prices tluoted on the Bid Form unless additional quantities are not acceptable, in which case the Bid Form must be noted "BID IS FOR SPECIFIED QUANTITY ONLY. All awards made as a result of this bid shall conf6rrn to appli able Florida Statutes. 1.12 BID OPENING: Bids .hall,be opened and publicly read in the Council Chambers, 790 N. Homestead Boulevard; Homestead., FL 33030 -6299, on the date and at the time specified on the Bid Form, All bids received after that time shall be returned, unopened. 1.13 INSPECTION, ACCEPTANCE R TITLE: Inspection and acc€:ptaatce will be destination unless otherwise provided, Title to/or risk of loss; or damage to all iterns shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage results from negligence by the buyer. If the 1- nawrials or services supplied to the City are found to City ,of Homestead -- Bid #2001 02 -- 1 /1 0/01 4 7J ads '. 5616869893 From; City of Homestead 12 -04 -00 9,01am p. 5 of 32 be defective or to not conform to specifications, the City reserves the right to car►cel the order upon written notice to the seller and return product at bidder's expense: 1.14 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected and found to comply with award, spocifications, free of damage or defect and properly invoiced. 1.15 DISPUTES:,, In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision' of the buyer shall be final and binding on both parties. 1.16 LEGAL REQUIREMENTS: Federal; state, county and city laws, ordinances, tales and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.17 PATENTS AND ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Homestead. Florida and its employees from liability of any nature oi• kind, including cost and expenses for, or on account of,` any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Homestead, Florida.; If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs arising from the use of' such - design, device, or materials in any way involved in the work, 1.18 OSHA: TN. 1sICI _ cxior+anta that tha wnflii t oi+mrlsorl to A— r;ti7 of tin" AotaoA Wlnr+Ao r1,011 fn'— +n ?il r o,'om ..talY .Ll. Ll. •..1. 1. .11 Ali .�L v.1. 1~ rl. ;l' .. .i. •Y. 1� ��lli!. _ ail'. inadequacies to comply with these requireinen€s sltall be borne solely by €ite bidaer'responsible 1br same.- 1.19 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.20 ANTI- DISCRIMINATION: The bidder certifies that he /she is in compliance with the non - discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment n €innrhlnity for all nersnna without rPgarri to race. r.nlnr, reiiginn..rex r national nriQin 1.21 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this laid shall be new. The items bid must be new, the latest model, of the best quality and highest grade workmanship. 1.22 LIABILITY, INSLrRANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Homestead property to deliver un.aterials or perform work or sen7ices as a result of a bid award, the successful bidder, will assume the full duty; obligation and expense of obtaining all necessary 'licenses, permits and insurance and assure all work complies with all applicable Miami -Dade County and City of Homestead building requirements and the South Florida Building Code. The bidder shall be liable for any damages or loss to the city occasioned by negligence of the bidder or agent) or any person the bidder has designed in the completion of the contract as a result of his or her bid. City of Homestead- laid 4200102 — 1/10/01 5 o. 56:6859893 From: City of Homestead 12 -09 -00 9,Olam p, 6 of 32 1.23 BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF' INSURANCE: Bid Bonds, when required, shall be submitted with the bid in the amount specified in Special Conditions. After acceptance of the bid; the City will notify the successful bidder to submit a. Performance Bond and Certificate of insurance in the amount specified in Special Conditions. 1.24 DEFAULT: In the event of default on. a. contract, the successful bidder shall pay all attorneys' fees and court costs incurred in collecting any liquidated damages. 1.25 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Purchasing Director shall give written notice to the contractor stating the deficiencies and finless deficiencies are'oorrected within ten (10) days, recommendation will be made to the City Council for immediate cancellation. The City Council of Homestead, Florida reserves the right to terminate any contract resulting frorr, this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other part-. 1.26 BILLING INSTRUCTIONS: Invoices, unless otherwise _indicated, must shove purchase order numbers and shall be submitted in DUPLICATE to the City of Homestead, 790 N. Homestead Boulevard, Homestead, FL 33030-6299. 1.27 NOTE TO VENDORS DELIVERING TO WAREHOUSE: Receiving hours are Monday through Friday, excluding holidays, from 7/30 A.M. to 11:30 A.M. The warehouse is located at 450S.E. 6 Avenue, Homestead, FL. 1.28 SUBSTITUTIONS: The City of Homestead, Florida .WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded, Any substitute shipments will be returned at the bidder's expense, 1.29 FACILITIES: The City Council reserves the right to conduct site visits to Contractor's business location(s) at any time with prior notice and/or may request that Contractor participate in live presentations. The selection of 'a contractor maybe based wholly or in part upon the results of site visits or live presentations. 1.30 BID TABULATIONS:' Bidders desiring a copy of the bid tabulation may request same by enclosing a. self - addressed stamped i enveloped with the bid. 1.31 PROTESTS, APPEALS AND DISPUTES: A contract may not be awarded to the Bidder, unless the bid tabulation, is posted in the Purchasing Department, 450 S.E. 6 Avenue, Homestead, Florida, ten (10) working days; prior to the scheduled award by the City Council. Protests must be submitted in writing to the Purchasing Director no later than five (5) working days prior to scheduled award by the City Council, Should the matter not be resolved to the satisfaction of the Bidder, the appeal shall be heard by the City Council. The Purchasing Director shall act as the City's representative, in the issuance and administration of all contracts, and shall issue and receive all documents, notices, and all correspondence. Any documentation not issued by or received by the Purchasing Director shall be null and void. All costs accruing from a bid or award challenged as to quality; etc. (test, etc.) shall be assumed by the challenger. The decision of the City Council shall' be final and' conclusive. Their decision shall be binding on all parties concerted, reviewable by a court of competent jurisdiction in Miami -Dade County, in accordance with laws of the State of Florida. City of Homestead - Bid 4200102 — 1110101 6 To: 5616869393 ;:rand Eity of HmEsLEad - 2.09 -00 9. Glae1 p. ? of 32 1,32 DISCLAIMER. The City Council of fhd- City of Homestead may, in its sole and absolute discretion, 'accept or reject; in whole or in Bart, for any reason whatsoever any or all Bids; re- advertise this Bid; postpone or cancel at any time this Bid process; or, )vuiive any formalities of or irregularities in the bidding process. Bids that are not submitted on time andlor do` not conform: to the City of Homestead's- requirements will not bG considered. After all bids are analyzed, organization submitting bids that appear, solely in the opinion of the Cite of Homestead, to be the most competitive, shall be submitted to the City of Homestead's City Council and the final selection will be made shortly thereafter with a timetable set solely by the City of 14mm"tead The w1e-.c.. inn by the ('itv rtif RmnectPSad shall ire hsa,�ed nn th:t h;irl cuhir.h is in the Role VL" ZS \Yl11Wt'4 vt 1b',"A o t1lV %tf 4 %llLVl1L11l1 V,. Olt 1LO., lk'11V %t16VY11VY '4 tj 4Nr1VV% — L1YV YJ . satisfies the criteria established in this Bid. In all cases the City: of Homestead shall have no liability to 1. ✓-IP Ai. 1J:11611'A L.LV 1•.1"11\JL 19 A-" L I I JL.A.M Ill L. Lli IJL A ' lL3. ..-.. ._ .... _... .. x.._ .� _ ..._. __. -.:_ _. :.. .. . .. . ........ .. :... .... _.. ... .. _ .. _._ .. _... acre 5pe,cr11cattona or v:ncr »ter uocumenrs or any parr Utereor,'We DI(Wer MUM suDMIL to my t-,rry Of )!-I.VStLCs'LC:AiE ..y L&Ltl kl"ShLb T_J'l.t ClLIYA at !Gist il1LGG11 �1..31 1.: lama Y''4Ay:x p W I Lo sS.I I Z:klu (t.:j *L Id '7 ' request for clarifications. All such requests for clarification trust be :made in writing and the person. submitting the request will be responsible for its timely delivery. Any interpretations of the Bid, if made, will be made only by Addendurn duly issued by the, City of Homestead Purchasing Director, The City shall issue an Informational Addendum if clarification or minimal changes are required. The city shall issue a formal Addendum if substantial changes, which impact the technical Submission of Bids, are required. A copy of such Addendum will be mailed to each Bidder receiving the `Solicitation. In the event of conflict with the original Contract Documents, Addendum shall govern all other contract documents to the extent specified. Subsequent Addendum shall govern over prior addendum only to the, extent specified. The Bidder shall be required to acknowledge receipt of the Formal Adde.ndurn by signing the Addendum. and including it with the Bid Proposal. Failure of a bidder to include a signed formal Addmdum in its Bid. Proposal shall deem its Bid non - responsive provided, however. that the City may waive this requirement . in its best interest. The City will not be responsible f'or a.n} other GXplanatiorr or interpretation made verbally or in writing by any other city representative. 1.35 DEMONSTRXHON OF COMPETENCY: l ) L)I Pre- aw °ard inspection of the Bidder's facility may be made, prior to the award of contract. Bids will onh, be considered ft-om. firms, which are regularly engaged in the business of providing the good,, and /or services ,is `described in this }aid. Bidders roust be able to demonstrate a, good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the ,ser \Dices if awarded a contract under the terins, and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to rn.ean a fully equipped and well - established company in line with the best busines> practices in the industry and as determined by the City .of Homestead'. City of Homestead — Eid 42CK>i 02 -- l /10,101 Flom City of Homestead 2- 0 °.-00 ten: 6 c 32 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past perfortance (experience) with the City in making the award in the best interest of the City. 3) The Cite may require Bidders to show proof that they have been designat. A as authorized representati \"es of ar manufacturer or supplier, which is the actual source of supply, In these instances, the City m.ay also require material information from the source of sapply regarding the quality, packaging, and characteristics of the products to be supplied to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid -non-responsive. 4) The City may, during the period that the Contract between the C. ".its% and f1w successful Bidder is in force: review the successful Bidder's record of performance to insure that the Bidder is uantinuing to provide suffrciera financial Support, e(juipmcnt and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the Cate;, the City may place said contracts on probationanr status and implement termination procedures if the City de?wrn ines that the successful Bidder no ''longer possesses the finaticial support, equipment and organization which would have been necessary during the hid evaluation period in order- to comply with this demonstration of competency section. 1.36 AyVARD'OF CONTRACT: A) The contract will be awarded to the lowest responsive, responsible Bidder(s) whose Bid(s), conforming to the Solicitation, is most advantageous to the City of Homestead. The lowest responsive, responsible`Bidder(s) will be determined in conjunction with the method of award, wlticlt is describ -,d in the Special Conditions, Tie Bids will be decided as described in Special Conditions. B) The City shall award a contract to a 'Bidder through action taken by the City of Homestead City Council at a duly authorized meeting.: action shall be, administratively supported by a: written award of acceptance (Purchase Order)., mailed or otherwise furnished to the successful Bidder;, which shall constitute a binding contract without further action by either party. C) The General Terms and Conditions, the Special Conditions, the Technical Specifications, the Bidder's Proposal and the Purchase Order are collectively an integral part of the contract between the City of Homestead and the successful Bidder. D) While the City of Homestead City Council may determine to award a contract to a Bidder(s) under' this Solicitation, said award may be conditional on the subsequent submission of other documents as specified in the 'Special Conditions. The Bidder shall be in default of i:lte contractual obligations if any of these documents are not submitted in a timely mariner and in II-re form t•equired by the City if the Bidder is in default, the City, through the Purchasing Director, will void its accepian.ee of the BidueCs offer and bray determine to accept the off-.r fi'orn the second, lowest responsive, responsible Bidder or re- solicit Bids. The City pray, at its sale option, seek ntonetary restitution from the Bidder as a result of damages or excess costs sustained and,'or may prohibit the Bidder from submitting future Bids for a period of one year. F) The Term of the Contract shall be stipulated in the Purchase Order, which is issued to the successful Bidder(s). Where there is a conflict between the contractual period stipulated in the Solicitations and the contractual period stipulated on the Purchase larder, the Purchase Order shall prevail. If the- contract involves a single shipment of 'goods to the Cityl, the contract term shall he concluded upon completion of expressed and implied warranty periods: City of Homestead - Bid 42(10) 42 -- 1 !1 o /01 MR- To; 561.H69893 From City of Homest.ear: C 'N-H 9:01am p. 9 Cf H F) The City reserves the right to exercise the option to renew a term contract of any successful Bidder(s) toga subsequent ,optional period provided that such option is ;stipulated in the Special Conditions. If the City exercises the right in writing, the bidder shall update and submit any legal documents required 'during the initial Solicitation by no later than sixty (tilt) calendar days prior to the commencement of the option period. These documents, which are specified in the Special Conditions and include, but are not limited to, insurance certificates and performance bonds, must be in force for the full period of the option, If the updated documents are not subrnitted by the Bidder in complete form within the time specified, the City may rescind its option, declare the Bidder to be in default of its contractual obligations; and award to the next low bidder or seek a new Bid Solicitation. The City may, at its sole option, seek monetary restitution from the Bidder as a result of darriages or excess cost sustained and/or may prohibit the Bidder from submitting the future Bids for a period of one }Tear. G) 'Ilse City reserves the right to automatically extend this contract for a "maximum period not to exce €':d. ninety (90) calendar days in order to provide' City departments with continual sere icy: and supplies ,,while a new contract is being solicited, evaluated and/or awarded. If this right is exercised, the City shall notify the Bidder, in writing, of its intent to extend the 'contract for a definitive period of time prior to the effective date of the extension. By affixing its authorized signature to this Bid Form, the Bidder hereby acknowledges and agrees to this right. 1.37 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Homestead. 1.38 LA1AV S, PERMITS AND REGULATIONS: The bidder shall obtain and pay for ail licenses, permits and inspection fees required for this project; and shall cmnply with all laws, ordinancQs, regulations and building code requirements applicable to the work contemplated herein. 1.39 OF'rIONAL CONTRACT USAGE: As provided hi Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the_Departnwrit of Management Services, Division of Purchasing, has certified its use to be cost effective and in the best interest of the state. Contractors have the : option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.419 SPoT INLARKET PURCHASES: It is the intent of the City to pus chase th.e iterrspccifically listed in this bid i from th' awarded Vendor. However, items that are to be "Spot ,'.Market Purchased" may be purchased by other m thods, i.e, Federal, Stage or, local' contracts. 1.41 SUNSHINE LAW: As a: political subdivision, the CiN of Homestead is subject to the Florida Sunshine Act and Public Records Law. By submitting a Bid, Contractor acknowledges that the materials submitted with the Bid and the results of the City of Homestead's evaluation are open to public inspection upon proper request. Contractor should take special note of this as it relates to propric,tary information that rnight be inclod.ed in its Bid; 1.42 CONE OF SILENCE: Notwithstanding any other provision of these specifications, the provisions of Section 2,11.1 "Conflict of Interest and t Ode of Ethics ()rdinance," as set forth in suhsection (t) "Cone of Silence,'" of the Miami Dade fount} Code are applicable to this purchase transaction. The "Cone of Silence" prohibits the following activities: City of Hornesteed - Bid *t20�)l 02 - 1 /10 /01 9 To; 561686 °893 From City of Homestead 12-04 -30 9.Clam P. 1_6 of 32 1.42.1 Arty communication regarding this }aid between a potential vendor, service provider, bidder, lobbyist, or consultant and the City's professional staff including, but not limited to the City Manager, and his or her staff; and 1.42.2 Any communication" regarding this Bid between the Mayor, City Council members or their respective staffs and any member of the City's professional staff including but not limited to, the City Manager and his or her staff. 1.42:3 The prohibitions do not apply to communications with the City Attorney and his or her staff. Further, the "Cone of Silence" shall not be applicable to duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation. 1.42.4 The "Cone of Silence" is imposed upon this Bid after the advertisement of said Bid. The "Come of Silence" shall terminate at the time that the City Manager makes his or her written recommendation. to the City Council, unless the Council refers the Manager's recommendation back to the Manager or staff for further review. 1.42.5 The "Cone of Silence" shall not apply to; 1. oral communications at pre -bid conferences; 2. oral presentations before selection committees; 3. contract negotiation during any duly noticed public meeting; 4. public presentations made to the City Council during any duly noticed public meeting; or 5. communications made in writing at any time to a; City employee, official or member of the City Council, unless specifically prohibited by the Bid Documents. The bidder or proposer shall file a copy of any such written communication with the City Clerk. The City Clerk shall make copies available to any person upon request. 1.42.6 Please contact the City Attorney for any questions concerning "Cone of Silence" compliance. City of Homestead - Bid #2001 02 — 1/10/01 10 .x,,... .:., r ,.:`''.,- „-n-�.-r,?.°- .,.e"i. ^'.s';r„,,.: ""'fi%ya.;...,-- °r.,=t, ...,x, .,,-�. 4 7°a'-°cr. tee. ,m,?q'n^. r,. ,.,•,.; . r, _`x; To: 5616869B93 From. City of Homestead 12 -04 -00 9Mam p, ii of 2 AUTOMATED SIDELOADING GARBAGE TRUCK BID #200102' - JANUARY 10, 2001 2.0 SPECIAL CONDITIONS:` 2. 1, PURPOSE: The purpose of this Bid is to establish a contract for the purchase of an automated sideloading garbage truck through a single solicitation for the Public Works & Services Department. Solid Waste Division for the City of Homestead, Florida. 2.2 TERM OF CONTRACT: This contract shall commence the day after date of award by City Council of Homestead, Florida, unless' otherwise stipulated in the Notice of Award Letter, which is distributed by the Purchasing Director. 2.3 METHOD OF AWARD: Award of this contract will be made to the lowest responsive, responsible bidder whose bid will be most advantageous to the City of Homestead. 2.4 PAYMENT: Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. All bid prices must be F.O.B. destination, freight prepaid Homestead, Florida with delivery to the location specified at the time of order: 2.5' DELIVERY TIME: Vendors shall specify on the attached Bid Form the estimated delivery time (in calendar days) for each item. The delivery time should be your best estimate, as orders will be placed based on that information. 2.6 ADDITIONSIDELETIONS OF UNITS; Although this Solicitation identifies' specific units to be serviced and maintained, it is hereby agreed and understood that any new units may be added /deleted to /froth this contract at the option of the City, at the awarded bid price. 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the term of this contract: provided however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.8 PRE -BID CONFERENCE +' /SITE INSPECTION: N/A 2.9 INSURANCE: Bidders must submit with their bid, proof of insurance meeting or exceeding the following requirements: 2.9,1 Workmen's Compensation Insurance — as required by law. 2.9.2 Employer's Liability Insurance — S1,000,000. 2.9.3 Comprehensive General Liability Insurance —This coverage must be written on the comprehensive form of policy. The basic policy form is not acceptable. The policy must contain minimum limits of liability as follows or $1,004,0001 Single Limit: City of Homestead - Bid #200102 -1;'l 0/01 11 mFM Tr 7 To! 5616669893 From: City of Homestead l� -04-V °;Clam p, It cf 32 Bodily Injury: $1,000,000; Proporq, Damage: $500,000 each occurrence: 2.9.4 Comprehensive Automobile Liability Insurance -- This coverage'inust be written on the comprehensive form of policy. The basic fern is not acceptable. The police must contain minimum limits of liability as follows or $2,600,000 Single Limit; $1,000,000 each person; 51,0001000 each occur`reni .e bodily injury; $500,000 each occurrence property damage; The policy must provide coverage for any automobiles. The successful bidder must submit; prior to commencement of any work, a Certificate of Insurance shoving the City of Homestead as additional insured. 2.10 INDEMNIFICATION The bidder shall agree to indemnify and save harmless the City, its officers, agents, and employees, fi-orn and against any and all liability. claims, demands, or dad ages, caused by a negligent act or omission, misfeasance, car rnal.fi;asance of the bidder. its agents, servants; or en.iplo }-ees; includiug fines, fens, e:xpemses, penalties, or suit proceedings, actions and costs of action, ani.l attoiney's fees for trial and on appeal, and any kind and nature arising or growing out of the actions of the biddt i connected with the performance of the agreement whether by act or omission of the bidder, its agents; ser vints, employees or others; unless said claim for liability is caused by the negligence, misfeasance or malfeasance of the City or its agents or employees. 2.11 CONTACT PERSON: For any additional information regarding the specifications and reyuitements of dills laid; contact: Lynn Hockmuth at (305) 247 - 11101; ext. 223. 2.12 SAMPLES: N/A 2.13 BID' CLARIFICATION: Any questions or clarifications concerning this Invitation to Bid shall bc,submitted in writing b� mail or facsimile to the Purchasing Department, 790 North Homestead Boulevard, Homestead, mestead, Florida 33030; fax; (305) 246 -3244. The laid title and number shall be referenced on ali correspondence. All 'questions mast be received no later than fifteen (7 5) calendar days prior to the scheduled bid opening ,elate. All responses to questions will be sent to all prospective bidders in the form of an addendum. NO QUESTIONS �'S iki1.I.L 23E RECEIVED �'ERI3ALI'a' t7R .4FIER SAID DEADLINE. 2.14 TIE BIDS: Whenever two or more Bids which are equal with respect >to price; quality and sei��ice are received by the State or by any political subdivision for the procurement of commodities or contractual set- -ices, Bid received from a business that certifies that is has implemented a drug -free workplace prograin shall be given preference in the award process. Established procedures for processing, tie Bids will be followed if norw of the tied vendors have a drug -free workplace program. In order to have a drug -free work-place program, a business shall: 2.14.1 Publish a statement notifying employees that the unlawful: manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the `workplace and specifying the action that will be taken against ernployees for violations of such prohibitions City of Homestead -- Bid #2001 02 - hl 0/01 12 17-MR- ;-- X"If—...M7R, °a 2r�;�"�3:�^. =T#;.;� ,y: +-^ «..,, .- rF;sz�=s�.-,�.;�..,:x, ;;c;.,,r ,z,.'x'-a- ,5„ss€, R, -es ,<:s..z; ; Tor 5616669693 Fcom City of Homeste6d 12-04 -01 9 Clam p. 13 of 32 2.14.2 Inform employees about the dangers of drub; abuse in the workplace., the business'' policy of maintaining a drug -free workplace any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 2.14.3 Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). 2.14.4 In the statement specified in subsection. (1), notif}, the employees that, as a c;orrd.ition of t�,oi n on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere'to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction: 2.14.5 impose a sanction on or require the satisfactory participation in 'a. drug abuse assistance or rehabilitation program, if such is a-vailable in the employee's comrnanity, by any employee who is so convicted. 2.14.6 Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. 2.15 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a,conviction for public entity crimes may not submit a bid on a contract to provide any goads or services to a public entity, may riot submit a bid on a contract with a public entity for the construction or repair of a public building or public work.' may,: not submit bids on leases or real property to public entity, may not be a.warded`or perform work as a contractor; supplier, sub- contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017 for CATEGORY TWO for a: period of 36 /months from the. date of being placed on the cont-icted vendor list. 2.16 BID DEPOSIT: Each bid MUST be accompanied by a laid Deposit in the form of a Certified or Cashier's check in an amount not less than Five Hundred Dollars ($500.00); (a Bid Bond in lieu of a check will not be acceptable ). Deposit of successful bidder will be retained until receipt of 100% Performance Bond. 2.17 SPOT 14I:AhiKETING PRICING: 'Vendors are requested to submit facsimile Twice quotations (Spot Market Pricing) for the manufacturer parts and supplies as required by the City. Vendors' desiring to provide quotations must indicate on the Bid. Form, the Manufacturer, they represent, the facsimile number and the contact person. Failure to respond to two (2) consecutive requests for quotations will automatically remove your name for the remainder of the contract period. If'yourf°irm can provide parts, supplies or repairs to equipment that is not specifically listed please complete the area provided: 2.18 PROPERTY: Propew owned by the City of Homestead is the responsibility of the City of Homestead. Such property furnished to a Contractor for repair; modification, study, etc., shall remain the property of the City of Homestead. Damages to such property= occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such properly 'while in route to the City; of Homestead shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shalt be responsible for replacement value of the property at the current market value, less depreciation of the property if any. City of Ho iestead - -- Enid 4200102 - - - - -1 /10101 13 To, 6616869893 M Iromi City of Homestead 12 -N -00 g M am of 2.19 LIQUIDATED DAMAGES: Vendor shall specify in the space provided the guaranteed. deliveil, time. If the successful bidder fails to deliver within the ,specified delivery finEe, it is understood that $50.00 per calendar day per item will be deducted, as liquidated damages, for each day beyond the sp-zcifiied delivery time. 2.20 DISCOt)NTS (Froin published price lists): NIA 2.21 ESTIMATED QUANTITIES: N'_Y 2.22 HOURLY RATE: The hourly rate quoted shall include full compensation for labor, equipment use, travel tirn.e, and any other cost to the bidder. This rate is assumed to be at straight time for all labor, except as olherwis: noted. 2.23 WARRANTY: The successful bidder will be required to warranty all work performed. l arranty shall be described in detail on the attached Bid Form. GUARANTEE: The successful bidder will be required to guarantee all items supplied. Guarantee shall be described in detail on the attached Bid Form. 2.24 PRODUCT/CATALOG INFORMATION: All bidders must submit product information oa the items they propose to firrnish on this bid. Any bid received not containing this information may be rejected for that reason. If catalog numbers shown in this bid are incorrect or Obsolete, it is the responsibility of the vendor to update or advise the City of this problem, The catalog numbf�r . how On your bid is the one the � itU iyjll exp t io rece].iLe. All bids that include substances found on the cunTent Florida Toxic Substance List must be submitted with a "!.fate ial Data Street; in accordance with Florida Statutes - Chapter 422.1€16. 2.25 REFERENCES: Each bid must be accompanied by a list of references, which shall include the name of the company, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.26 COMPLETE PROJECT REQUIRED, The scope of these specifications is to insure the delivery of complete units, ready for operation. Omission of any essential detail from these specifications does not _relieve tl e supplier from furnishing a complete working unit to the satisfaction of the City of Homestead. ' Workmanship of units will be inspected and approved by Chuck Tackson, Fleet Manager, and /or Mike Shehadeh, Director of Public Works & Sen c:es Departmcnt. 2.27 FAC'ILFFY LOCATION: X/A 2.28 BID SUBMITTAL: All bids submitted shall include the completed Bid Form, PEC t6rm, ADA Disability Nondiscrimination Statement anJ all required product information and any other items as indicated on the Bid form. Bids will be considered "Non- Responsive" if the required information is not submitted by the date and time specified, 2.29 BIDDER QUALIFICATIONS- In order for bids to be considered,, bidders rs must submit with their bid, evidence that th;,y are qualified to satisfactorily perform th;, specified. work. Evidence shall include ad information necessaty to certify that C=ity of Homestead - Bid 0200102 - I/101101 ) 4 comp1CX11y Ul SuU11 autoilldleu Siur,10itulllg, ga10Z1gV, 11UQK8. 1110 VV1t1oIlUt; Will ctillSIM Ul 11St111g 1110 typo i }1 garbage trucks. nature of work and number of units for each of the last five (5) .dears. 2.30 LATE BIDS: The City of Homestead cannot be responsible for bids received after opening time and encourages early submittal. bate bids shall be rejected: 2.31 EXCEPTIONS TO SPECIFICATIONS: - Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non - responsive. 2.32 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND FOUR COPIES of the Bid Form, PEC form, ADA Disability Nondiscrimination Statement and all required product information and any other items as indicated on the Bid Form must be returned, properly completed., in a sealed envelope as outlined in the first paragraph of General Conditions. 2.33 MAINTENANCE AGREEMENT: Bidder shall quote on the appropriate space on the Bid Form, a per year cost for full service /pans maintenance agreement to commence at the end of the warranty period. This agreement will be accepted at the sole discretion of the City of homestead. Maintenance price shall include all parts /labor (including travel time) for the entire systems installed under this bid. Bidder shall also state response time from time of call. This agreement shall be for a minimum of five (5) years, on a: year to year basis, and may be extended upon mutual agreement of both parties. The "Bidder shall quote an hourly labor rate for repairs (in accordance with Section 2.22 of the Special Conditions) in the appropriate space on the Bid Form; in the event the City of Homestead elects not to choose the maintenance agreement. 2.34 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these specifications for the purpose of establishing minimum requirement of level of qualify, standards of performance and design required and is no way intended to prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where' equal is proposed, bid' must be accompanied by complete factory information sheets (.Specifications, brochures, etc.) and test results of unit bid as equal. 2.35 TERMINATION FOR DEFAULT: If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Homestead. In such :event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, :fault or negligence, the termination will be deemed to be .a termination for the convenience of the City of Homestead under Section 2.36: City of Homestead - Bid #200102 — 1/10/01 15 To: 36:6869893 Froth; City of Homestead 12 -04 -00 9,01 am p, 16 of 32 2.36 TERMINATION FOR CONVENIENCE: The City Manager may terminate this Contract, in whole or in pall, upon :fit) days prior- written notice when it is in the lest interests of the City of Homestead. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Homestead the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated,; the City of Homestead shall be liable only for payment in accordance with the payment provisions of the Contract for -those services rendered prior to termination, 2.37 ASSIGNMENT: Contractor agrees riot to enter into subcontracts, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its right, title or interest herein, without City of Homestead's prior written consent. 2.38 CONFIDENTIALI'T`Y: As a political subdivision, the City of Homestead is subject to the Florida Sunshine Act: and Public Records Law, If this Contract contains a confidentiality provision, it shall have no application when disclosure is required' by Florida law or upon court order. 2.39 GOVERNING LAW AND VENUE: The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 2.40 ATTORNEY'S FEES: In connection with any litigation, mediation and arbitration arising out of this Contract the prevailing party shall be entitled to recover its costs and reasonable a.ttomey's fees through and including appellate litigation and any post- judgment proceedings. 2.41 NO PARTNERSHIP OR JOINT VENTURE: Nothing contained in this Contract will be deemed or construed to create a partnership or joint: venture between the City of Homestead and Contractor, or to create any other similar relationship between the parties, 2.42 PARTIAL INVALIDITY: If any provision of this Contract or the application thereof to any person: or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law, 2.43 PROVISIONS BINDING: Except as otherwise expressly provided in this Contract, all covenants, conditions and provisions of this Contrast shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns: 2.44 HEADINGS AND TERMS: The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof: 2.45 ENTIRE AGREEMENT: The contract consists of this City of Homestead Bid and specifically this Section II, Contractor's Response and any written agreement entered into by the City of Homestead and Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes City of Homestead - Bid 42001 02 — 1 /10'C;1 16 �o: 56,M9893 Frolr t i:v of Homes�:ead CImm 17 of ?? all other negotiations, unders- tanding' and representations, if xiy, "made by and between the parties, To the extent that the agreement coi.- iflicts with, modifies, alters or changes any of the tennis and conditions contained in the Bid and/or Response, then the Bid and then the Rc;sponse shall control. Thi,, Contract may be modified only by a written agreement signed by the City of Homestead and Contractor. City of Homestead — Bid 9,100102 -- 111 0/01 1' r".-�,. �".?�"s„ ..'"��ivbiY�l yr. "�'P'r =f�. ..::. ; ss T,�.; - a'T -°^� . n�r„F'"`, '�,, x,... , , 'r- °ac+�.'�' •.;..,,� , ,"^�rvr�. , t ,:°K -�,��' . .�'?' :=� ° c . ,y . r., ,'- '�zra -;'i v, ';.�"yd�- 'S, . ,..�.'�;�` ,,�.��„,',«s'�i.`�, �.= °�':3,�:�;� -. ,o; 56:580 43 From "i:tv of homesteai 18 -04 -00 Mlam p, 18 at 32 AUTOM.ATED SIDELOAI.IINCT GARBAGE TRUCK BID #200102'- JANUARY 10, 2001 3.0 MINIMUM ;SPECIFICATIONS: 3.1 INTENT: This specification describes refitse ollection hody equipped with a mechanical lifting device capably: of handling 30, 60, 90, 300, and 400 gallon refuse containers. The bodes he c cable of comp, and trn ppgjpLrefuse_to a landrJll or transfer station and dji char ink thE_load by ,rreans_of hydraulj! ally etc cti the load, 3.2 GENERAL `I"ERMS: All equipment furnished under this contract shall be nets; unused and the sarne as the manufacturer's current production model: :accessories not specifically mentioned lierein, but necessary to furnish complete unit: ready for use, shall also be included, Unit shall conform to the best practice known to the body trade. in design, quality of material and workmanship Assemblies, sub-ass erab lies and component parts shall be standard and interchangeable throughout the entire quantity of units as specified in this Imitation to Bid. The equipment furnished shall conform to ANSI Safety Standard Z245. 1-1992, 3.3 GUAR4.NTEE; Bidder shall state his normal warranty and e %tended warranty where available. 3.4' PARTS MANUAL: Bidder shall furnish a complete parts, maintenance and operator's manual with each body sold. 3.5 BID '4?UOTATION: Bidder shall complete every space in the specification bidders proposal column with a check mark ,to indicate if the item being bid is exactly as specified. If not, the "1`,IO column must be checked and a detailed description of the deviation 'from the specification tc, be supplied, C. ity cif Homestead— Bid #x200102 — 1110/01 , 18 wwm Es .=i��mrv,,:�R. y of Honjeslead —Bid 4'200302 - 1/] 0/03 BID FORM Deliver bid to: 19 Automated Sideloading CITY OF HOMESTEAD Purchasing Department Ga1•bage Truck 790 N. Homestead Boulevard Laid #200102 Homestead, FL 33030 -0299 To be opened and publicIN, read, NVEI)NRSI)AY, TANTUARY 10, 2001 at 10 :00 A.X4. in Council Chambers VENDOR NAME I PHONE NUMBER GENERAL 'GMC -TRUCK SALES & SERVICE INC 1 VE14DOR MAUNG ADDRESS; TAX NUMBER' MTLTTiABY- TRAJL__ — �5.61—)_69J- 8429: CITY, STATE ANDZIP CODE TOLL FREE NUMBER WERT 800- 877 -248 -0346 BID CONTACT PERSON (PLEASE PRINT CLEARLY) JA J? 2:) F.E.i.D. NUMBER 59 -09 -04476 Certified or Cashiers Check is attached, when ;required, in the amount of: $ Terms: Bidder see Para" ra h 1.4 AUTOMATED SIDELOADING GARBAGE TRUCK: Please completely check the following list. if not compliant, state specifically item being offered. YES NO OFFERED A. CAPACITY 1. The packer body shall have a capacity, excluding the receiving hopper, of not less than 33 YD' D 2. The hopper shall have a minimum capacity of four (4) cubic yards. �J 0 3. The structural integrity of the body shall allow high density � ` loading of up to 1,000 pounds per cubic yards of normal refuse. D B. BODY WEIGHTS & MEASURES* Maximum body, loader and tailgate weight (exclusive of special options)'shall not exceed 33 YD= or 15,000 pounds 13 1. Maximum width, outside 96". Maximum overall length of of the body, tailgate and loader assembly combined shall not exceed 33 YD' capacity or 319" length 13 2. Body v�dth, inside 90.5" 3. ',Body height, inside 81" 0 4., Body height, outside (above chassis) 103" D 5. Hopper width (bottom) must be no mess than 80.2" 6. Hopper length 69.5" D 7. Hopper depth- curbside 50 " 8. Hopper depth - curbside with rubber flap 54" 9. Hopper depth - street side 75" ❑ kbove dimensions are maximums. Special application grabber assemblies may require a 38" dimension. y of Honjeslead —Bid 4'200302 - 1/] 0/03 19 17337767 from: City of homestead 12-01 -00 9.97pm p, 20 of 32 YES NO OFFERED C. BODY CONSTRUCTION —Body must be manufactured in the U.S. 1. The body interior small have a smooth flat floor without a trough. The sides and roof shall be smooth curved construction: All materials shall be steel unless specified differently. 0 2. In order to {prevent damage from corrosion' and "fire, no hydraulic cylinders, valve or other hydraulic components shall come in contact with refuse packed into the body: i•J 3. Body sides and roof shall be constructed to interface with the corner mainframe bolsters. Rear bolsters shall be 5" x 20° formed channel each at the major upper and lower connecting points of the mainframe_ Front bolsters shall be a 5" x 8 formed channel each at the major upper and / lower connecting points. 4. - Floor shall be reinforced with interlaced 3" x 6" channels nominally located on 18" centers so as to withstand continuous operation at maximum imposed loads without harmful deformation or excessive wear. 0 5_ Body roof shall be minimum 11 gauge, 80;000 PSI minimum yield hi- tensile steel sheet fully welded to a full length 12 gauge 80,000 PSI yield roof crown rail to contain and dissipate' forces equally through the body structure. 6. Body sides shall be minimum 10 gauges 80,00 PSI minimum yield high tensile steel sheet, fully welded to the roof crown rail and to the 4.7".x 18" floor skirt rail, D 7.. Rear mainframe_' body side bolsters shall be a minimum of 3' x 20" and contoured shaped to sidewall with, minimum 10 gauge 80,000 PSI minimum yield. Reinforcement bolsters shall be fully welded to the curved body side sheets. 8. Body floor shall be flat full width and must not have inboard guide rails or a trough. Floor shall be a minimum 3l16" 321 BHiq 150,000 PSI minimum yield sheet. 0 9. Floor longitudinals (long members) shall be a formed trapezoidal shape 9.6" x 11" v�rith a 3.3" base sill of 7 gauge 80,000'PSI minimum yield formed channels. O 10. Floor cross members shall be 3" x 6" x 10 gauge, 80,000 PSI minimum yield steel channels. Cross members shall be inter laced through the long members on approximately 18" centers to Wily support the floor. Cross members shall be full width, single piece. 11_ Packer panel guide rail bottom edge shall be located 3.7" above longitudinal floor corners and integral to .body floor sheets. The guide rail channel shall have interior dimensions of 35" x 4:2 ". The top flange of the guide rail channel shall be reinforced with a 45° plate which shall also serve as a self- cleaning device. O Iy of Tiomesiead = Bid 4200102 1 /10/07 20 ��;--;'?��„ —„' . s::.:,r- a?w 7537767 from: City of Homestead 12 701 -00 4 :47pm p. 21 of 32 body. 3.5 x 3.5 x 0:188 tubing shall run the full interior l}' or Na»ia teal — Bid #2001.02 —1 /] 0/03 YES NO OFFERED D. 14OPPER CONSTRUCTION 1: Hopper shall be of flat floor and straight vertical sidewalls. Hopper shall be designed to properly handle thirty (30) Gallon through ninety -five (95) gallon automated side Loader carts and containers. Construction details 'shall -be per the following: 2. Hopper longitudinais (long members) shall be a formed trapezoidal shape 9.6" x 11" with a 3.3 base sill of 7 gauge 80,000 PSI minimum yield formed steel channels. 3: Hopper cross members shall be 3" x 6" x 11 gauge 80,000 PSI minimum yield steel channels. Cross members shall be interlaced through the long members on approyirnately 18" centers to fully support the floor. Cross members shall be full v0dth, single piece. 4_ Hopper floor- minimum 1/4", 321 BHiq, 150,000 PSl minimum yield: C7 5. Upper hopper sides - minimum 11 gauge high tensile steel sheet, 80,000 PSI minimum yield. Q 6. Lower hopper side — minimum 3116 ", 321 BI-IN, 150,000 PSI minimum yield. C3 7. A hopper sump shall be provided in forward floor area of hopper. Sump shall have 40 gallon minimum liquid ' capacity and have dual clean -out doors (7" x 15 "), one on each side of the body. Q 8. Access door, ,267' wide x'28:7" high shall be provided on hopper left hand side wall. 9. The curb side hopper wall shall be equipped with a replaceable rubber flap. The flap shall be constructed of 3 ply cord reinforced neoprene rubber and shall extend upward 5 ": [7 �.' PACKING MECHANISM 1. A hydraulically actuated packer traversing a minimum of 60 ", while packing, shall clear the hopper of material with a maximum cycle time of fourteen (14) seconds. A proximity switch will automatically reverse the packing cycle and return the the packing panel to the front head. An automatic back -up reversing means shall be provided should the packing panel be unable to reach the rearmost packing position of 60 ". 2, a. The packing panel face will be a minimum 3116'225 BH14, 100,000 PSI minimum yield, abrasion resistant steel plate. b. A spill shield, fabricated from 10 gauge 80,000 PSI minimum yield shall be affixed to the top of the packing panel: c. The packer panel, shall be reinforced with a combination of structural members for maximum rigidity: U�} 3. The hopper zone guide rails (2) in the side of the body shall be comprised of a' /" 50,0000 PSI minimum yield formed angle welded to 35' x 3.5" x0.25" ASTM A500 tubing on each side of 11 1. body. 3.5 x 3.5 x 0:188 tubing shall run the full interior l}' or Na»ia teal — Bid #2001.02 —1 /] 0/03 21 7537767 From, CiLy of llomesLead 12 -01 -00 4,97pin p. 22 of 32 1), of Rid #200102 — 7 /10/01 YES NO OFFERED E. PACKING MECHANISM continued 4. Hopper zone guide rails shall be clad on each side in the following manner. a. Bottom (lower) clad wear bar, '/° thick x 2 -1/2" wide, 145,000 PSI minimum yield AR steel: SCI t77 b. Top (upper) clad wear bar, '/" thick x 2 -112" wide, 145,000 PSI minimum yield AR steel. a c. Side (vertical) clad wear bar,' /" thick x 2 -1/2" vide, 145,000 PSI minimum yield AR steel. 5. The guide perch on each side of the packer panel shall be 3" x 6" x' /" ASTM A500 Grade B structural tubing clad in the following manner: a. Bottom (lower) clad wear bars (2) to be 3/8" thick x 2 -1/2" ' uvide x 11 -3/4" long, 145,000 PSI minimum yield AR steel. b. Top (upper) clad wear bars (2) to be' / "thick x 2 -1/2" wide x 11 -3/4" long, 145;000 PSI minimum yield AR steel. C. Side (vertical) clad wear bars (2 each side), located ' below the structural tubing shall be'/ °'thick x`2 -1/2" wide x 11 -314" long, 145,000 PSI minimum yield AR steel. �' 1•i 6. The packer panel shall be provided with bolt -on lugs for each of the two (2) packing cylinders. The cylinders shall be attached to the packer panel lugs via two inch (2'') diameter pins. Cylinder removal may be accomplished by either pulling the pins or by removing the entire bolt -on lugs. The lugs shall be attached to the packing panel with six (6):/;4" diameter bolts for each lug assembly. 7. The body front head shall also be provided Wth bolt -on lugs for packing cylinders. The lugs shall retain each cylinder pin with six (0) %" diameter bolts. D 8. The packer will be hydraulically actuated by two (2) double acting three stage cylinders having chrome plated tubes, and shall have grease-less spherical bearings on bothends to comply t p y With specification. 9. Packing force shall be a minimum of 83,000 pounds. Cylinder force shall,be a minimum of 118,000 pounds. 10. The packer shall be designed to allow dumping of container regardless of the position of the packing panel during the compaction cycle. 11. "Extend" and "Retract" push buttons shall be furnished giving the operator complete control of packer panel movements in either direction. 12. An emergency onloff button shall be provided to stop packer panel movement during the extend or retract cycles. The packing mechanism shall be capable of extending to the rearmost end of the body, past the full pack position, to provide the off - loading function while the tailgate is raised. Preferably only while tailgate is raised. fl 1), of Rid #200102 — 7 /10/01 �� 7537767 from; City of Homestead 12 -01 -00 4:47pm p. 23 of 32 YES NO OFFERED F. BUSTLE TAILGATE 1. The 5.3 Cubic Yard tailgate must be one piece, top hinged .�„��,,F.�° ..rte- �.,�•:- �,�.V,R.- ,�- � -.��,_ �- �-- ;�.��_�� „ �r.:: and shall open rninimum 301 above horizontal. 2. Tailgate shall be constructed of a minimum 10 gauge, 80,000 PSI minimum yield on rear and side walls. 3. The tailgate shall be reinforced by a minimum 1/,," 80,000 PSI minimum yield, horizontal boxed braces. h� 4_ The tailgate vnll be secured to the body by two (2) sets of hinges with 2" hinge pins at the roof line. Q 5. A heavy duty rear door positive seal of rubberized gasket material will be installed the full length of the bottom and 68" up the sides of the tailgate to prevent leakage. 6. The tailgate shall be secured in the closed position by means of a fully automatic latching mechanism actuated by a separate control in the cab.= 7. The tailgate shall be raised and lowered hydraulically actuated by two (2) double acting cylinders with a minimum 3" bore x 28.25" stroke x 1.5" diameter chrome plated rod. Cylinder design shall include an orifice fitting in the base port which will prevent the rapidAescent of the tailgate in the event of a hydraulic failure and shall comply With specification 001- 5088. 8. The tailgate shall be locked by two (2) lock cylinders with a minimum, 3" bore x 3.62" stroke x 1.5" diameter hardened chrome plated rod. 'Lock and tailgate raise cylinders shall be actuated by separate controls in the cab. ❑ 9. All lights vMll be recessed into the tailgate with the lens flush with the outer skin. Clearance; backup and directional lights shall be a Lexan' lens, shock mounted in a protective housing. The whole unit will be "pop -out" and replaceable. All vehicles will meet FMVSS #108 and State lighting and reflector requirements. ❑ 10. An in -cab mounted light and audible alarm "fill be provided to ` indicate that the tailgate is not fully closed and locked.I �. LIFTING MECHANISM 1. The lift shall be of box time frame construction fabricated from 114" 80,000 PSI minimum yield steel and all high cycle pivot points', except grabber pivots, of 2" diameter or greater shall be line bored. 2. The standard lifting mechanism shall be capable of lifting containers ranging from 60 to 100 gallons, by manually exchanging grabbers. ❑ 3. The lifting mechanism shall be capable of extending,' clamping,` raising, dumping and returning a container from any position ` without the need to" retract' the lift arm. j� a } Bid #2001 02 — 1/70/01 ,,��.; .... k., ... .;,. �h, �, z�, �� .fi=��...,,��.- �..:.�_.� .�„��,,F.�° ..rte- �.,�•:- �,�.V,R.- ,�- � -.��,_ �- �-- ;�.��_�� „ �r.:: '.ity of Homestead Bid 4200102 - IA 0 /0I 24 W,-'WF:.`k ; 17537767. Flom: City of Homestead 12,01-00 4:47pm p, 24 of 32 YES NO OFF R d G. LIFTING MECHANISM contlnuod 4. The lifting mechanism shall perform the following lift cycle functions in eight (8) seconds at the designed operating RPM: a. Grab the City of Homestead automated container ❑ b. Lift the container to the full dump position c. Lower the container to the full down position d. Release the grabbers from the container _] 5. The lifting capacity shall be a minimum of 21,000 pounds at any extension, D 6. The lift shall have a minimum reach of 72." 7. The lifting mechanism shall be powered by three (3) hydraulic cylinders with cushions at each end of the stroke. Q 8 The three (3) lift mechanism cylinders shall have hardened and chrome plated rods and shall have the following; features; Extend: 3" bore x 30.5" stroke Grab: 3" bore x 11.0" stroke Dump:, 3" bore x 27.5" stroke] ❑ 9. The lifting mechanism shall have changeable grabbers that can , 1~ be exchanged without the need for tools. ❑ 10. The lifting mechanism shall be within the 96" road limit in the down and I stowed position with a 13" ground clearance. IN 0 H. HYDR,AUUCS 1. The maximum operating pressure of the system will be 2500 PSI. i 2. The pump shall be a tandem gear pump 40 GPM producing at operating speed. The packer shall be driven by a 15 GPM section and the loader shalt be drive by a 25 GPM section. The total 40 GPM shall be provided to the packer cylinders while the loader remains inoperative. Pump shall comply with specification' D219 -1712 orM219 -2062. 3. The lift hydraulics shall operate at a working pressure of 2500 PSI. C{ 4. The body hydraulics shall operate at a working pressure of 250o P51. O 5. All hydraulic tubes will be securely clamped to prevent vibration; abrasion and excessive noise. 6. All hydraulic hoses shall conform to S.A.E. standards for designed pressure. Bends shall not be less than recommended by S.A.E. standards. Flat spots in hoses will not be acceptable.] L(, [� 7. a. The hydraulic oil reservoir shall have a minimum net capacity of 40 gallons. b. The tank shall be complete with a screened fill pipe and cap; filter breather, clean out cover, and oil level sight and temperature gauge. l� c. The hydraulic system shall be protected by a ten (10) micron, intank, return line filter along with a 100 mesh (140 micron reusable oil,,strainer in the suction line.° Q '.ity of Homestead Bid 4200102 - IA 0 /0I 24 W,-'WF:.`k ; outputs must be made available to aid in locating trouble source: C� Q l)• of Homestead — Bid 42001 02 — I /10/01 25 YES NO OFFERED H. HYDRAULICS continued 7. continued The return line filter shall also include an in -cab filter by -pass monitor which shall alert the operator or service personnel when the filter is in need of replacement. Q d. A hydraulic pump shut down system shall also be included which shall prohibit prolonged operation of the hydraulics when the filter is in the by -pass mode. Q 8. The hydraulic system shall operated at an acceptable temperature without the need for external hydraulic oil cooling devices: Q 9. Quick disconnect fittings shall be provided so that a pressure gauge can be easily connected without the use of tools or the need to " remove hydraulic fittings. Q 1. LUBR1CATlOh] 1. All body hinges, cylinder rod ends, cylinder base trunnions and high cycle pivot points (with the exception of the packer cylinders) shall be supplied Wth grease fittings. Q J. CONTROLS I. The lift controls shall be air over hydraulic and located in the cab, convenient to the operator: Q 2. The lift controls shall be of a three -lever design. Each control lever shall be properly labeled and indicate the direction of travel asi oilows: Reach = (extend –retract) Grab – (grab - release) Lift – (raise – lower) Q 3. The lift controls shall be self - centering type, returning to the neutral position when ,released. Q !!!" 4. The packer push button controls shall be electrical over hydraulic and located in the cab convenient to the operator. Se " rat push buttons shall be provided for "Pack" and "Retract' To provide complete packer panel movement control in either di,irectiori. Pushing the "Pack" button will automatically extend and �( retract the packer panel for a'complete cycle. t Q 5. Tailgate raise and tailgate lock controls shall be electric over hydlraulic. Toggle switches shall be used to control each function individually. Q :. ELECTRICAL 1. A PLC (Programmable Logic Controller) electronic controls center shall be provided to monitor system functions. The PLC shall be installed inside the truck cab and possess self diagnosing error codes which identify the trouble source Both audio and LED outputs must be made available to aid in locating trouble source: C� Q l)• of Homestead — Bid 42001 02 — I /10/01 25 o: 5617537767 From: City of Homestead 12 °01-06 C 47pm p. 26 of R City of Hoiuestead -- Bill #200102 — 1/] 0/01 26 YES NO OFFERED K. ELECTRICAL continued 2. All electrical wiring connectors to be automotive double -seal, with wiring in split convoluted loom. All wiring connections to be soldered with rubber molded covering or crimp type connectors vAth shrink wrap. unprotected wiring in any application is unacceptable. ❑ -- 3. All switches not manually operated shall be proximity in type. Mechanical switches are not acceptable. 4. System Interlocks shall be included to prevent: a. Opening the grabbers while the lift arm is in the dump position. 13 b. Raising the lift arm with the grabbers open or not enough to grip pressure on the container: L. LIGHTING 1. Clearance, back up, and directional' lights shall be Lexan lens, shock mounted in a protective housing. The whole unit shall be pop out and replaceable. 2. All lights shall be provided in accordance with FMVSS #108, plus mid body turn signals on each side of the body and a center brake light on the rear. ❑ M. REAR UNDEERRIIDE GUARD 1. The body shall be equipped with a rear underside guard as standard equipment, to meet Federal Motor Carrier Safety Regulation (49CFR393.86). ❑ N. PAINTING 1. The entire body shall be properly cleaned of all dirt, grease and weld slag. Cleaning shall be in keeping with accepted industry practices. 2. A liberal coat of self - etching primer is to be applied. 3. Top coat finish shall be white, acrylic urethane enamel. ❑ O. ACCESSORIES 1. Rear vision camera with monitor and tights ❑ P. WARRANTY 1. Extended warranty of all cylinders ❑ 2. Number of years F, VE�k 7 %1' L Total Cost City of Hoiuestead -- Bill #200102 — 1/] 0/01 26 AUTOMATED REFUSE CHASSIS - SIDE LOADER Please completely check the following list. If not compliant, state specifically item being offered. YES NO OFFERED A. CAB 1. Low entry cab, tandem chassis minimum GVWR 62,000 pounds ❑ B. ENGINE 1. Diesel, four cycle, six cylinder, minimum torque 1150 lb. ft. O ❑ 2. 600 cubic inch displacement minimum 3. Equipped with crankshaft adapter for front mounted hydraulic pump. Minimum H.P. 280. Cummings or equal electronic. ! ❑ C. FRONT AXLE •I^7 1. GVWR 20,000 lb. capacity, Stemco oil seals [7( D. COOLING SYSTEM 1. Minimum of 900 square inch core area, (largest capacity available) modified for front mounted hydraulic pump. Alternate cooling system of equal capacity acceptable. Automatic fan clutch with override switch on dash. E. GROUND CLEARANCE 1. Minimum of 9 inches ❑ F. REAR AXLE 1. Tandem Eaton DS 461 P, with GVWR 46,000 lb. Gear ratio to limit the maximum speed to 55 miles per hour (or approved equal) rear suspension ❑ 2. Hendrickson RT2 460 (oil pump included) walking beam type with bronze bushing or equal. Transverse nylon bushings. / Q rods with cC3 G. AUTOMATIC TRANSMISSION 1. Allison HD 4560 with AK package and heavy' duty transmission cooler. H. STEERING 1. Power hydraulic with booster cylinder. 1. FRAME 1. Minimum of 3,000,000 lb. RBM per rail. All bolted construction with full W liner. 2. Heavy duty bumper, modified to allow for protection of front mounted hydraulic pump. 3. Vertical exhaust located behind cab, left side. Stainless steel flex tubing and turbo heat shield. 4. Two rear frame mounted tow hooks. ©' ❑ Q' O 10, O O, O C� O 0".— ..r71 --------- I L]:..7 UWin In 11 1 /IA /nt •I^7 W : -+ ,- fl7- =-r=;. �,:�.< rs^- ;m- .r;.., �,,';-ra�• ;.,c, :a"T�. ,az°,k, <,. N. CAB YES NO OFFERED J. FULL AIR BRAKES Galvanized steel or aluminum tilt cab 1 )✓�/ 1. Air parking brake, spring loaded, 12 cubic foot air compressor. 2. ❑ 2. Air dryer — Bendix "system guard" AD -9 heated ❑ 3. Eaton or Rockwell automatic slack adjusters d ❑ K. FUEL TANKS ALUMINUM Cushioned -air driver's seat, fixed passenger seat 0� 1. Aluminum or steel minimum of 70- gallon capacity D ❑ L. TIRES ❑ 6. 1. Front tires 315/80R x 22.5 20 -ply rating, tubeless 1 D ❑ 2. Rear tires 12 R x 22.5 16 -ply rating, steel belted radial, tubeless A!C unit required to use Freon R -134A ❑ 3. Bud wheels only 7. Dual mirrors (7" x 16 ") M. ENGINE EQUIPMENT 8. 1. Alternator (160 amps, 12 volts) [J Q 2. Batteries (1650 CCA minimum,, group 31 batteries) Ur 0, 3. 16" dry type 2 stage air cleaner (Donaldson) 10. ❑` 4. 750 oil filter or equal (Luberfiner) M C3 N. CAB 1. Galvanized steel or aluminum tilt cab 1 )✓�/ 13 2. Air driven or electric windshield wipers 0 3. Low oil press, high temperature warning buzzer and light. 0 ❑ 4. Cushioned -air driver's seat, fixed passenger seat 0� ❑ 5. Factory air conditioning and heat r;� ❑ 6. Condenser to be mounted in front of radiator cooling system. A!C unit required to use Freon R -134A Q, 7. Dual mirrors (7" x 16 ") Q, 8. Air horn [ Q 9. Radio (AM /FM) 0, ❑ 10. Turbo heat shield /blanket D ❑ 11. Must be right -hand drive only, no conversions G3( ❑ 12. View window on passenger side l 13. Side steps 0. MISCELLANEOUS 1. Two complete shop manuals, including electrical and parts books for equipment ❑ 2. Literature and written warranty to be supplied with bid. iJ Hourly Rate (see paragraph 2.22) Please enclose a co py of your business license with your submittal. n:._. ..CTT...<.. --4- -A b:.7 411AA I All 7 /7n /nl no AMERICANS WITH DISABILITIES ACT (,ADA) DISABILITY NONDISCRIMINATION STATEMENT THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to the CITY OF HOMESTEAD, FLORIDA by: DAVE STEGEMAN Ovint individual's mane and title) for: GENERAL GMC TRUCK SALES & SERVICE INC (print name of entity submitting swornstatemenrt) whose business address is: —360 SO MILITARY m�LL, rn M EMG��,— i�3Q3� and (if applicable)' its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this sword statement: -5Q - 09 - ° --04� 1, ,being duly, first sworn stater That the above named firm, corporation or organization is in compliance with and agreed to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction: The American with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employnnent; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title TV, Teleconnnunications; and Title V, Miscellaneous Provisions. The Florida Americans with Disabilities- Accessibility Innplenieaitation Act of 1993, Section 553.501- 553.513, Florida Statutes: The Rehabilitation Act of 1973; 229 USC Section 794; Tlie Federal Transit Act, as amended 49 USC Section 1:612; The Fair Housing Act as annended 42 USC Section 3601- 3631; 4&41A�� Signature Sworn to and subscribed before me this ? day of , 19" Personally known J OR ff Produced identification Notary Public - State of My conunussiorl e L Madeline De saw Type of identi flcatiotr ISS1oN # CCM760 EXp1RES �•., • can Lemberg 2004 Printed, taped or siannped convnissioned iuune o �notai � pu It ie._. lTZ d 7 n.A -Ullnn Inn 9ltn Nli 2A SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.' 1. This sworn statement is submitted to the CITY OF HOMESTEAD, FLORIDA by: DAVE STEGEMAN (hrnn individual's name and title) for: GENERAL (AMC TRUCX SALES & SERVTCR INC (print name of entily submilling sworn slate ienl) whose business address is: j60 Gn MTr.rTnuv TunTT. WEST PALM BEACH ._y 343 K and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the individual signing this swom statement: 2. I understand that a "public entity crime" as defined in 'Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision, of any other state or of the United States and *involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. L understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a friding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or inforination after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an ann's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an 'affiliate. 5. l understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners. Shareholders, employees, members, and agents who are active in management of an entity. !";— ..r TT........—..a D.-I aIJAA I All 7 /I A //%1 'Nl 6. Based on infornnation and belief, the statement which, I have marked below is true in relations to the entity submitting this sworn statement. (Indicate which statement applies). © Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989: ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted, of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the ,State of Florida , Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order); 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING' INTO ' A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN `SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. &.46b-Itt - 41't� signalul- e Sworn to and subscribed before nme this -3 day of .,,�, �� 19 0 U Personally known OR Produced identification Notary Public — State off �. Type of identification Form PUR -7068 (Rev. 3/3/99) My commission expires: Printed, iiped of d comrniss06 I e�nintary public ne MYcoMMISSION # CC985760 EXPIRES December 4 2004 , BONDED THRU TROY FAIN INSURANC& INC !'�r._....crr...,,,....a....a D:.] Uri An Inri. 7 /1nIAI 71 THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS INDICATED BELOW: Attended pre-bid/site inspection See Sec. 2.8 Copies of Bid ............................ See Sec. 2.32 Bid Bond............ ................... See Sec. 2.16 Insurance ............ See Sec. 2.9 Bid Form completed and executed in Licenses .................................... See Seca 1.22 accordance with General and Special Product J Catalog Information .... See Sec. 2.24 Conditions and Minimum References .' ......................... See Sec. 2.25 Specifications ..................... See Sec. 2.32 Samples .... ............................... See Sec. 2.12 Bidder Qualifications ................. See Sec. 2.29 Warranty Information ................. See Sec. 2.23 Exceptions;,— Reference Section: (If none are stated in this bid, it shall be; construed -by the City of Homestead that your bid fully complies with all terms, conditions and specifications.) "NOTE: Attachment of quotations will not be construed as an exception. Please include a copy of business license with your submittal. Addendum Received: # # # 1 certify that this bid is made without prior understanding, agreement or connection with any corporation, firm, rson submitting a bid for the same materials, supplies, or equipment, and i in ects= ai and without collusion or fraud. l agree to abide by all conditions of this bid n' ce ' y th a authorized to sign this bid for the bidder. �AtitD Lk-- Authorized na (Manual) Authorized Signat nd'Title (Typed /Printed) Date n:._. ,.FTT.....,...s....A D:A J lnn7 N1 9 /In /At nn �, HEIL ENVIR "� ®w "NMENTAL INDUSTRIES, LTD. © A -DOVER INDUSTRIES COMPANY PREPARED FOR CITY OF HOMESTEAD BID #200102 HEIL ENVIRONMENTAL, AUTOMATED CUSTOMER LIST I . CITY OF FORT PIERCE, FL -HEIL DPF7000- Harold Hopkins -Phone No. 561 -460 -2200 ext 413 1 CITY OF STUART, FL -HELL SQ7000 -Frank Dolittle- Phone No. 561 288 -5346 3. CITY OF BOYNTON BEACH, FL -HEIL DPF7000- Robert Lee - Phone No. 561 - 375 -6200 4. CITY OF OAKLAND PARK, FL -HEIL DPF7000 -Tom Reichter -Phone No. 954 -561 -6258 5. CITY OF MIAMI SPRINGS, FL -HEIL SQ7000- Robert Williams -Phone No. 305 -887 -4116 6. CITY OF HOMESTEAD, FL -HEIL DPF7000- Charles Moore- Phone No. 305 -247 -1801 7. CITY OF KISSIMMEE, FL -HEIL DPF7000- David Derrick- Phone No. 407 -518- 2507 ALL OF THE ABOVE CUSTOMERS HAVE CHOSEN HEIL AUTOMATED PRODUCTS IN THE STATE OF FLORIDA Post Office Box 8676 • Chattanooga, Tennessee 37414 -0676 Phone: (423) 899 -9100 - Fax: (423) 855 -3478 �, .,',.ve?gRrx-F � m�."�'�"'T. .` .*,' is r.m'�'"+"S3'.��;' ';."�yk M ;is .P ,�•,r'r .:�',+„�^�i's,'�F"r.. �'gk��,Y"' '-4',' S;„. �K': '., a „d,`'`",^a',"'<'- i ;�'�rc,"Oe "i x*.�.�3'�i?;f �'n F;�:n.'4 � Emr'�a'+n- �•"f-.".K;�m",'r.. WARRANTY HEIL Environmental Industries, Ltd. warrants its Solid Waste Equipment to be free from defects 13 material and workmanship tinder normal use, when proper service and maintenance, as described in its Service Bulletins and Operation Manuals are performed, for a period of twelve (12) months from the date when these products are delivered to the first purchaser. This warranty is expressly limited to the repair or replacement of any component or part thereof, of any such unit manufactured by HEIL, that is proven to HEIL's satisfaction: to have been defective in material or workmanship. Such components or parts thereof; shall be repaired or replaced without cost to the first purchaser for parts and labor provided such unit is returned for such repair or replacement to an authorized H.E.I.L Distributor, or such other place as may be designated by HEIL, within twelve (12) months from the date on which the unit was delivered to such first purchaser. HEIL snakes no warranty of products manufactured by others and ` supplied by us, the same being subject to warranties, if any, of their respective manufacturers. BEFORE ANY WARRANTY CAN BE ALLOWED ON ANY NEW EQUIPMENT THE APPLICABLE REGISTRATION FORM MUST BE ON FILE WITH H.E.I.L TECHNICAL' SERVICES DEPARTMENT. Any service parts sold by HEIL shall carry a ninety (90) day warranty for replacement only, providing the factory inspection, reveals a material or workmanship defect. Labor to replace or repair such part shall be borne by the owner. WE MAKE NO OTHER WARRANTY, EXPRESS OR ,IMPLIED, AND MAKE NO WARRANTY OF MERCHANTA BILITY OR', OF FITNESS FOR ANY PARTICULAR PURPOSE. HEIL does not assume any liability for loss of profits, product, time or any other direct or indirect or consequential losses, damages or delays. Any improper, use, operation beyond rated capacity, substitution of parts not approved' by us, or any alteration or repair by others in such manner as in our judgement affects the product materially and adversely, shall void this Warranty. OTHER THAN EXTENSION OF THE WARRANTY UNDER HEIL S EXTENDED WARRANTY PROGRAM NO EMPLOYEE OR REPRESENTATIVE IS AUTHORIZED TO CHANGE THIS WARRANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY. The above warranty' supersedes and is in lieu of all other warranties express or implied. SOLID WASTE SYSTEMS WARRANTY Post Office Box 8676 Chattanooga,' Tennessee 37414 -0676 Phone: (423) 899 -9100 Fax: (423) 855 -3478 HOMESTEAD Volvo Trucks of Palm Beach 360 S. Military Trail West Palm Beach, FL 33415 Phone: 561 686 89 06 Fax: 561686 9893 12/04/00 Prepared by: David Stegeman January 3, 2001 Vehicle Specification "V01j" Vol Description ,SASE MODEL WXR64 VEHICLE ADAPTATION MARKET ADAPTATION UNITED STATES ENGINE CUMMINS CUMMINS ISM 305 V +3D5HP @ 210DRPM,1150 ENGINE EQUIP ENGINE ELECTRONICS CUMMINS ISM AIR CLEANER 16' TWO STAGE INTAKE STACK RAIN CAP BLACK -HOOD TYPE AIR INTAKE RAIN CAP COOLANT HOSES RUBBER WITH STEEL TUBING RADIATOR 9DD SQ. IN. 4ROW RADIATOR COOLANT ANTI- FREEZE, -2DF STANDARD STARTING MOTOR DELCO REMY 12V POSITORK 42MT STARTER ALTERNATOR- LEECE- NEVILLE 12V -16D AMP 98004 BATTERIES 312V VOLVO 9980 CCA EXHAUST SYSTEM" OUTBOARD VERTICAL MUFFLER LH SIDE EXHAUST STACKS 12'6 "SINGLE ALUMINIZED STEEL EXHAUST PIPING ALUMINIZED STEEL FLEX SECTIONS EXHAUST SHIELD SINGLE ALUMINUM MUFFLER SHIELD FUEL FILTER- SECONDARY SPIN -ON CUMMINS WATER CONDITIONER CUMMINS SPIN -ON FLEETGUARD DCA COND. FUEL COOLER NO FUEL COOLER PROVIDED AIR COMPRESSOR CUMMINS WABCO 18.7 CFM COMPRESSOR PTO, FRONT ADAPTER FOR SPICER 1350 FLANGE- CUMMINS UNPUBLISHED LUBERFINER 750C TRANSMISSION TRANSMISSION ALLISON HD 4560P 5 SPEED,1460 LB -FT TRANSMISSION CONTROL ALLISON PUSHBUTTON CONTROLS MD /HD VOCATIONAL CODE 3430 REFUSE ON HIGHWAY ONLY NO PLOW TRANSMISSION ELECTRONIC CON REFUSE WITH SERVICE BRAKE STATUS Page 1 of 5 12/04/00 Prepared by: David Stegeman January 3, 2401 Vehicle Description TRANSMISSION TRANSMISSION COOLER OIL TO WATER TYPE LUBRICANT PETROLEUM BASED LUBRICANT DRIVELINE SPICER 171OHD HALF ROUND FRONTAXLE FRONT AXLE MERITOR FL941 20,0D0 LBS_CAP STANDARD BRAKES, FRONT MERITOR Q -PLUS 16.5 X 6CAM SLACK ADJUSTERS,FRONT MERITOR AUTOMATIC STEERING, RESERVOIR FOUR QUART REMOTE MOUNTED SUSPENSION, FRONT 18,80D LBS, FLATLEAF SHOCK ABSORBERSFRONT DOUBLE ACTING SINGLE, HEAVY DUTY OIL SEAL CAPS STEMCO VISIBLE CAP OIL SEALS EATON OUTRUNNER SEALS FRONT HUB LUBRICANT PETROLEUM BASED LUBRICANT REAR AXLE REAR AXLE I DANA SPICER DS462P 46,000 LB CAPACITY REAR DRIVE AXLE RATIO 4.11 REAR AXLE RATIO LUBRICANT j PETROLEUM BASED LUBRICANT SUSPENSION, REAR HENDRICKSON 46,0D0 LB RT- SERIES j REAR SUSPENSION BEAMS 54 INCH BRONZE BUSHED TORQUE RODS LONGITUDINAL BRAKES, REAR 16.5'X 7 CAM, MERITOR, Q -PLUS, TANDEM BRAKE CONTROL SYSTEM BENDIX'AB5 PARKING BRAKE CHAMBER FOUR CHAMBERS, TANDEM MGM SLACK ADJUSTERS,REAR AUTOMATIC, TANDEM AXLE, MERITOR PARK BRAKE SYSTEM WORK BRAKE - YELLOW VALVE ACTIVATED REAR AXLE OIL SEALS EATON OUTRUNNER SEALS, TANDEM AXLE CHASSIS WHEELBASE 224 INCH WHEELBASE FRAME RAILS 3/8" STEEL VARIABLE DROP, EXT A FRAME REINFORCEMENT 1!4" LINER, STANDARD LENGTH FRAME FASTENERS ' FLANGE BOLT FRAME FASTENERS REINFORCEMENT, FRONT UNDERSLUNG CROSSMEMBER XMEMBERS, FRAME CNTR STEEL XMEMBERS, SUSPENSION STEEL Page 2 of 5 12/04/00 Vehicle �4 '-ec�ilicwion Prepared by: David Stegeman January 3, 2001 Description CHASSIS OVERHANG, FRAME REAR 74 INCH OVERHANG AIR DRYER BENDIX AD -9 WITH HEATER AIR TANK, BRAKE STEEL TANKS, TANDEM AXLE DRAIN VALVE MANUAL PETCOCK FUEL TANK, LEFT 85 GAL LH 22" CYL STEEL PAINTED FUEL LINES SAE J844 NYLON TUBING BATTERY BOX ' LH MTD BEHIND FRONT WHEEL, FIBERGLASS BUMPER, FRONT STEEL PAINTED TOW HOOKS, REAR TWO FRAME MOUNTED HOOKS UNPUBLISHED OPEN MESH, BEHIND CAB CAB EXTERIOR CAB WXR WIDE CAB RH DRIVE STEEL TILT 73" GRILLE STATIONARY BRIGHT HORN, AIR PAINTED, TWIN MOUNTED UNDER CAB HORN, ELECTRIC SINGLE MIRRORS, WEST COAST STAINLESS STEEL WITH BRIGHT ARMS MIRRORS, CONVEX STAINLESS, CLAMP ON TYPE LH &RH MIRRORS, DOWN VIEW DOWN VIEW MIRROR OVER PASSENGER DOOR STEPS, CAB MOUNTED DOUBLE LH AND RH ENTRANCE STEPS, WX CAB INTERIOR CAB INTERIOR' KEYSTONE COLOR TRIM SMOKY MOUNTAIN GREY CAB CLIMATE SYSTEM j AIR CONDITIONER INTEGRAL WITH HEATER PAINT, INTERIOR SAME AS BASE CAB COLOR SEAT, DRIVER NATIONAL LUSH -N -AIRS 11 LOW PROFILE LOW SEAT, PASSENGER LOW BACK STATIONARY -FULL FOAM VINYL SEAT INSERT VINYL STEERING WHEEL 18 INCH DIAMETER SUN VISOR, INTERIOR LEFT AND RIGHT COLOR KEYED SUN VISOR- RESTRICTION INDICATOR GRADUATED, AIR CLEANER MOUNTED ENGINE WARNING DEVICE AUDIBLE/VISUAL ALARM /SHUTDOWN FOR LOW GAUGE PACKAGES WX/L/R PERFORMANCE GAUGE PACKAGE HOURMETER ELECTRIC HOURMETER, HASH MOUNTED SPEEDOMETER MPH SPEEDOMETER& ODOMETER, ELECTRONIC Page 3 of 5 12/04/00 Vehicle Spec°ftcafio Description AM /FM STEREO WITH WEATHER BAND ROOF CAB INTERIOR TWO DUAL CONE SPEAKERS TACHOMETER ELECTRONIC TACHOMETER TRANS. WARNING LIGHTIGAUGE TRANSMISSION TEMP WARN'G LIGHT & BUZZER VOLTMETERIAM METER VOLTMETER LIGHTING DOOR & IGNITION SAME - UNIQUE PER TRUCK CIRCUIT PROTECTION BLADE FUSES DAYTIME RUNNING DAYTIME HEADLIGHTS SINGLE SEALED BEAM ROUND MARKER LIGHTS FIVE AMBER STOP AND TAIL LIGHTS DUAL WITH INTEGRAL BACK -UP LIGHTS FRONT TURN SIGNALS GROTE BREAKAWAY- SQUARE TURN SIGNAL SWITCH NON- CANCELLING W/ MOTORIZED FLASHER RAD101MISC RADIO EQUIPMENT AM /FM STEREO WITH WEATHER BAND ROOF RADIO SPEAKERS i TWO DUAL CONE SPEAKERS RADIO ANTENNA SEPARATE AM /FM ANTENNA (SGL ROOF MTD) RADIO POWER SUPPLY POWER AND GROUND CONNECTIONS FOR AM /FM WINDSHIELD WIPER DUAL ELECTRIC MOTOR, INTERMITTENT KEYSIDOOR LOCK DOOR & IGNITION SAME - UNIQUE PER TRUCK WINDSHIELD WASHER i STANDARD RESERVOIR PAINT SINGLE COLOR CAB PAINT TYPE VOLVO LUSTERSHIELD SOLID FIRST CAB COLOR WHITE S/W 42075 CHASSIS COLOR BLACK BUMPER COLOR BUMPER COLOR SAME AS CHASSIS, OR DISC WHEEURIM COLOR STEEL - PREPAINTED WHITE, ALUM - UNPAINTED SPOKE WHEEUHUB COLOR COLOR SAME AS CHASSIS FRONT TIRES TIRE SIZE 315180R22.5 L, 20 PLY TUBELESS RADIAL TIRE MFRI READ MICHELIN PXZY -7 RIMSIWHEELS, FRONT 225 X 9.0 HUB PILOTED ACCURIDE STEEL HUBS, FRONT STEEL VOLVO HUB PILOTED, 285.75MM B.C. BRAKE DRUM, FRONT CAST IRON Page 4 of 5 12/04/00 Prepared by: David Stegeman January 3, 2001 'L'i'11C' �Jl'L'IiCGi(10J2 Description REAR TIRE TIRE SIZE 12R22.5 H, 16 PLY TUBELESS RADIAL TIRE MFRITREAD MICHELIN XZA RIMSMIHEELS, REAR 22.5 X 8.25 HUB PILOTED ACCURIDE STEEL HUBS, REAR STEEL VOLVO HUB PILOTED, 285.75 MM BRAKE DRUM, REAR CAST IRON ADDITIONAL OPTIONS WARRANTY STANDARD WARRANTY VOLVO ENGINE EXTENDED COVER L NO VOLVO ENGINE EXTENDED COVERAGE Page 5 of 5 PankofAmerica. � r 2059 Northlake Parkway 0 Floor North Tucker, GA 30084 770- 270 -8645 770- 270.8565 Fax October 23rd, 2003 To: The City of South Miami: Banc of America Leasing & Capital, LLC ( "Lessor ") is pleased to submit the following bid to you pursuant to the Master Lease/Purchase Program established on behalf of the Florida League of Cities, Inc.: Lessee: City of South Miami, FL (rate below assumes city is non - rated) Amount Financed: $ 148,383 Lease Term: Five years ; Equipment Descriptions Two refuse trucks Interest Rate: 4.23 %, or 133% of the 5 -year Treasury. This rate will be held for 30 days from the above date. Thereafter, the Interest Rate will be recalculated at the percent of the 5 -year Treasury quoted under the Florida League of Cities Master Lease/Purchase Program for the month in which funding occurs, and the rate will be fixed at the time of funding. As of October 23rd, 2003, the 5 -year Treasury was 3.18 %. Periodic P &I Annual/Advance $ 32,185.07 Total P &I: Annual /Advance $ 160,925.36 Servicing Fee: A servicing fee of 10 basis points ($273) will be charged to Lessee for processing this transaction as part of the Florida League of Cities Master Lease Program with Lessor. This transaction will be subject to the terms and conditions and documentation of the Florida League of Cities Master Lease /Purchase Program, If you wish Lessor to proceed with this transaction, please submit the application provided, along with the specified financial information requested. We look forward to the,opportunity to provide financing to you. If you have any questions, please give me a call at (770) 270 -8645. Very truly yours, BANC OF AMERICA LEASING & CAPITAL, LLC By: Marianne D. Velker Title: Assistant Vice President f rr�r ?' LAI k & ORINKS', 111 V. PUMP to warrant suitahiliV nf Vfp. nfit fir . .. .. . .. . -. MK Mbupti+ X Single °eac j ; k..' +`firs a MODEL ,coni J :{ , . r aN MIN. GAWR Maximum Operating Pressure 2500 psi (17,238 kpa) MIN. PF LENGTH I GPM at Working RPM 29 GPM (110'liters /min.) approximate Lift loading capacity 750 lbs. @ 9 feet; 2,000 lbs. @ 2 feet tt e s ,, a s r 7 e k t: s�eoarl s 4l � � ' " (Approx.) OIL RESERVOIR Chassis frame mounted " 'r: _, �� 2sfagetelescOpiGOx56r Frame 50000 psi geld , P Y Filters Return line 6 micron, 140 micron suction strainer s-,"_ "�c; inch -w. "!tf�?7oddetilnef5aF�oitlett Ground clearance 15 in. with lift in stowed position VALVES Paekm Control g )?lectrre buttbfl,tlperaerlM4 " ireralivw{ d<. itlit96 j push , ;s f, m,. ,fa>¢�m!t(hftinta�sftro,�? Tailgate /Tailgate Locking, body Raise Air operated toggle Weight' 1,850 lbs. CYLINDERS type inches (1) double acting 3.1 x 8.0 80 x 203 (Bore x Stroke) mm11orntFtig GfE fa(Igatir Rase f2)7¢OUble acting 3 Qx 35 25r " #[ 7fi7$x° Controls Joystick, Air over Hydraulic feathering ability s) with Packer (dumping model) : (2) double acting 5.5 x 63 140 x 1600 weight includes standard 60 190 gallon grabbers Tailgate Locking, Hgdy l gist 'sw (2) double acting (2 singlea ng Wl 3.0 x`3.625 76 x 92 'a ml e ,1 ry r a MODEL MIN. GVWR MIN. GAWR USABLE CT WHEELBASE MIN. PF LENGTH I Front Rear (Approx.) Dump Eject (�umpi)tOmodel) 2sfagetelescOpiGOx56r t; y3 m'- inches - mm inch °28 FT CYLINDERS' type inches (Bore x Stroke) mm DPPY -28 58,000 18,000 40,000 192" ± 3" 215" t 3" 250" 260" Reach f1)r double'actng, r * 31 x6 0 , F _ , 80 x 406 W L1PP" 3Sx62 NINE 11aff 58[32515_ M,29u" Grab (1) double acting 3.1 x 8.0 80 x 203 °° • Specify chassis; engine and transmission upon entering order. GfE (1 tloyh(e act!pg 31,6 • Chassis must have front engine crankshaft adapter for front drive gear pump. Any truck requiring special alterations, moving battery boxes, air tanks, etc., will not be made until a letter Level r (1) double' acting 2:48 x 14.48 63 x 368 authorizing changes is received by Heil Environmental Industries, Ltd. DPPY33,�, 33„ 25„ 4 * *''30 t m.219 8103,_38 BALL OVERALL OVERALL HEIGHT GROSS WEIGHT GTH WIDTH ABOVE FRAME (Approx) ERAISED) Body Lowered Body Raised Tailgate' Raised Dumping Eject mm inches mm inches mm inches mm inches mm lbs. kg. Ibs kg. 8687 96 2438 103 2616 190 4826 180 4560 15 ,000 6804 14,700 6668 5Zk13 5 X243$ 3 AN, (IO a 6940' ISO 9001 CE'RTIIF I BODY HOPPER OVERALL MODEL CAPACITY _ CAPACITY LENGTH I (TAIL( Y, M3 y3 m'- inches - mm inch °28 DPPY- -28° 21.4° 4 3.0 284 7214 34; DPPY33,�, 33„ 25„ 4 * *''30 t m.219 8103,_38 BALL OVERALL OVERALL HEIGHT GROSS WEIGHT GTH WIDTH ABOVE FRAME (Approx) ERAISED) Body Lowered Body Raised Tailgate' Raised Dumping Eject mm inches mm inches mm inches mm inches mm lbs. kg. Ibs kg. 8687 96 2438 103 2616 190 4826 180 4560 15 ,000 6804 14,700 6668 5Zk13 5 X243$ 3 AN, (IO a 6940' ISO 9001 CE'RTIIF I TO: Honorable Mayor, Vice Mayor Date: October 23, 2003 and City Commission f FROM: Maria Davis ll Re: Agenda Item # / City Manager C Comm. Mtg 11/4/03 The Rental of Two Vehicles for Undercover Police Operations RESOLUTION A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO DISPURSE AN AMOUNT NOT TO EXCEED $13,200 FROM THE FEDERAL FORFEITURE- LEASE/PURCHASE POLICE VEHICLES ACCOUNT #615 - 1910 -521 4450, FOR VEHICLES USED IN SPECIAL OPERATIONS AND INVESTIGATIONS BY THE POLICE DEPARTMENT AND PROVIDE FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS The Police Department engages in various undercover and surveillance operations through the Special Investigations Unit. Street level crime interdiction and drug enforcement are both performed by the officers of the SIU. These are ongoing criminal investigations, long and short term. Vehicles can only be used for a short period of time before they are identified. Hence, the Department is continuously turning in these vehicles for different ones. This ability allows the unit to remain operating - at optimum performance. Mears Motor Leasing has continually supplied this agency with vehicles which are appropriate for the assignment while maintaining officer safety. Current Approximate Balance $200,000 Request $ 13.200 New Approximate Balance $186,800 RECOMMENDATION Your approval is recommended. A 2 3 4 RESOLUTION NO. 5 6 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 7 OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING 8 THE CITY MANAGER TO DISPURSE AN AMOUNT NOT TO 9 EXCEED $13,200 FROM THE FEDERAL FORFEITURE- 10 LEASE /PURCHASE POLICE VEHICLES ACCOUNT #615 - 1910 11 521 -4450, FOR VEHICLES USED IN SPECIAL OPERATIONS 12 AND INVESTIGATIONS BY THE POLICE` DEPARTMENT AND 13 - PROVIDE FOR AN EFFECTIVE DATE. 14 15 WHEREAS, the City of South Miami is committed to maintaining the highest 16 quality of life for it's citizens; and 17 18 WHEREAS, the Police Department engages in certain special investigations which 19 sometimes necessitate the expenditure of funds; and 20 21 WHEREAS, the requested expenditure is a lawful use under the Attorney 22 General's Guidelines on Federal Forfeiture; and 23 24 NOW, THEREFORE, , BE IT RESOLVED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 26 27 28 Section 1. The City Manager is authorized to disburse a sum not to exceed 29 $13,200 from the Federal Forfeiture- Lease/Purchase Police Vehicles Account # 615- 1910 - 30 521 -4450 for special operations and investigations by the Police Department. 31 32 Section 2. That this resolution be effective immediately after adoption hereof. 33 34 PASSED AND ADOPTED this day of , 2003. 35 36 ATTEST: APPROVED: 37 38 CITY CLERK MAYOR 39 40 Commission Vote: 41 READ AND APPROVED AS TO FORM: Mayor Feliu: 42 Vice Mayor Russell: 43 Commissioner McCrea: 44 Commissioner Bethel: 45 Commissioner Wiscombe 46 CITY ATTORNEY 47 48 10/29/.03 W.ED 17:47 FAh ]TEARS MOTOR LEASING Z002 LEASE AGREVUENT MEARS MOTOR LEASING 3945 EL-REY ROA1T ORLANDO, FL 32808 This is an Agreement betften the LESSOR and LESSEE whose names and signatures appear on Schedule A ". I LESSOR hereby leases to LESSEE the motor vehicles described in Schedule "A" and any additional schedule "A's ", attached hereto and made a put hereof; the tern for the vehicie to be tiro number of Months bchwee:t the delivery date and the maturity date stipulated on the Schedule "A', at the rates set forth therein." 2. LESSEE shall pay in advance the first month's lease charge for the vehicle leased and Shall pay each and every month following the date of this agreement the monthly ]case charge on the due date which begins after delivery date. Tltc monthly mlicage allowance and the Monthly Loose charge will be shown on Schedule 'A". 3. The LESSOR agrees: a. W provide LESSEE with a state of Florida tag, b: to allow LESSEE unrestricted use of leased vehicles for any lawful purpose except the transportation of persons or property fer hire or towing of another vehicle. Neither this agreement nor any lease made hereunder not any interest therein may be assigned or sublet by LESSEE without the written consent of LESSOR. 4. The LESSEE agrees a. to furnish a copy of self insurance ccitificate. b. to indemnify and save harmicss the LESSOR from any amounts in excess of the total Coverage in the above named policies. which the LESSOR may be required to pay because of any claims arising out of the operation of the motor vehicle by the LESSEE, or anyone with or without LESSEE's knowledge and consent. The valid and collectib.e liability insurance or personal injury providing coverage for the LESSOR of a motor vehicle for rent or lease shall be primary. The Lessee's obligation to indemnify and save harmless the Lessor shall not operate to waive or exceed the limits ofthe limited waiver of sovereign immunity under section 768.28. Florida Statutes. Name of LESSEE's insurance Company /GJrCrG' Ala- ILESSEE's Policy number r. LESSl:E's initials C, that if the insurance described above is not issued, is cw mled at suspended, and LESSEE fails to secure other insurance ac; cptable to LESSO& LESSEE is to immediately return the vehicle to LESSOR and agrees to terminate lease under the Provisions ofPatngraph S. Continued oprfation of the vehicle after failing to swurc insurance shalt be considered default on the part of LESSEE. LESSEE will save LE5SOP harmless from all losses and claim3 arising out efsuch continued operation d. to accept an adjusted monthly lease rate in the mount of any new tax or increase in present races and tags for which LESSOR may become liable to pay or collect, with respect to leased vehicies not in effect at the time of this agreement. e. to pay for all gasoline, added oil, washing. ,storage, damage or expense resulting from conversion, careless, reckless, abusive handling of the vehieie and operating the vehicle off a paved road f to rcimbune LESSOR the value of the leased vehicle {s} confiscated by my authority snd7or for all expenses incurred as a result NINE g, that ail vehicles leased under this agreement shall be operated only by safe, caref it and licensed drivers selected, employed, or controlled and paid by LESSEE, or by members of his immediate family. The LESSEE shall require said drivers to operate all such vehicles with reasonable care and diligence and to use every reasonable precaution to prevent loss or damage to any of said motor vehicies. Vehicles should not exceed maximum weight limitndans as described by manufacturers of said vehicles. Upon written complaint front the LESSOR, s-peeifying any reckless; careless or abusive handling of any vehicles lemod hereunder, LESSEE shall remove such driver,' h. to not remove any of the leased vehicles from the State Of Florida without written permission from the LESSOR i. to notify LESSOR a, its above address immediately upon receipt of any notification, claim, summons; or suit affecting any leased vehicles or LESSOR, in the event offailutitt pay first notice of the aforementioned summons an administration charge of 520.00 for each subsequent notice that has 'to be handled by LESSOR k. that its driven, servants and agents will cooperate fully with LESSOR and any Insurance Carriers in the investigation and defense of arty and all claims or suits arising from 'he operation of a leased vehicle ar vehicles. LESSEE farthcr agrees to cause its drivers, servants and agents to make rcparts to LCS$Olt concerning any collision or accident ocourrinS while a leased vehicle is in the custody and control of the LESSEE, its drivers, servants or agents. Such reports shall be remitted to LESSOR within a reastsnuble time atter any and all collisions, accidents fire or thefts involving any leased vehicles under this agreement and shall provide the fullest information available iecludina but not limited to: the titre, place; and nature of the accident or damage; together with a list containing names and'addimses of persons injured, owners of the propcM 10/29,103 WED 17 :48 FAX NEARS MOTOR LEASING X 003 damaged anti a complete list as possible of witnesses to die incident. LESSEE further agrees to deliver promptly to LESSOR or such other persons or company as LESSOR shrill designate any and all papers, notices and documents whatsoever, or copies thereof, served upon or delivered to LESSEE or LESSEE's servants, agents or employees in connection with any claim suit, action, or proceedings at law or in equity commenced or threatened against LESSEE and/or LESSOR arising out Of LESSEE's driver's, seTvanes, aragcnt's maintenance use or operation of at used vehicles. I. that LESSEE has acquired neither right, title, nor interest in or to said vehicle except the right to use the same under the terms hereof, m. that this agreement shrill be binding upon and inure to the benefit of the parties hereto their successors, legal representatives and assigns; but LESSEE shall not have the right to assign this agreement or any interest therein without the written consent of LESSOR, n; that be shall be responsible for signing Odometer Disclosure Statement showing the true and accurate mileage at the time of the maturity date. agrees to maintain and service said vehiclp(s) in good mechanical condidon and running, order at all times. In all cases where possible, mcchmioal and body work is to be performed at th0ocation of the LESSOR. When this is impractical said maintenance and repair is to be performed at the LESSOR's discretion for maintenance or repairs under $500.00. For maintenance and repairs in excess of $500.00, approval shall be secured from the LESSOR All maintenance and repair work shall be performed by regular, bonafide servicing agencies, P. at the termination of the lease period the vehicle will be mtumcd to LESSOR at 394S El Rey Road in Orlando with no fiscal impact to Lessee, The vehicle will be inspected by:LESSEE and LESSORS agent for lost equipment, body damage and wear that needs to be repaired. At this time a signed vehicle inspection receipt will be given to LESSEE. The cost of replacing lost equipment, repairing and restoring the body, mismatched tires, chipped or wom paint (refer to Standard ofAcccptance Requirements for Police Patrol Vehicles) , rust, scratched; chipped or cracked glass, worn, faded, torn or burned parts of the interior, excess mileage and any unpaid lease payments will be paid by LESSEE, On a non - maintenance lease; the LESSEE, in addition to the above, agrees that at termination of ft lease period all five (5) tire%will be the some brand, type and si= that came on the car and have s minimum of 4132" tread left at the shallowest groove. Th 9e rc expenses that Auto Dealers redact from the value of a vehicle when they buy or trade it in. LESSEE INITIALS. 5. Fairly Termination: LESSOR agrees that LESSEE may terminate the agreement or lease on this vehicle upon payment of all charges outstanding or yet to be accrued owed by LESSEE to LESSOR plus the following additional costs: A. Less than a34 month least, hand 12 lease payments, plus charges in paragraph 5.a„b. ForU to 47 month lease, x hose payments, plus charges in paragraph 5,s„b. or 48 to 50 month lease, 2 and 1R lease payments plus charges in paragraph 5.a „b. Leases are computed on the average outstanding during the term orthis lease. ltr the event of early termination, interest will be computed on an as used basis and added to the curly tenmination charge. b, LESSEE agrees to pay the difference betwcon the vchicles's depreciated value and the amaunt that LESSOR sells it for in the market of LESSOR'S choosing, whether commercial, non - commercial, or any other market the LESSOR deems tie. The depreciated value is arrived' at by deducting the depreciation charge or pro-rated portion of per month for each month between the delivery date and the early torrnination date from the original value of the vehiclestated in its 'Schedule "A ". LESSEE also agrees to pay a daily interest charge, bascid on the vehicles depreciated value, from the date between the vehicle is tuned in and the dare sold. The interest charge will be the prime rate' current at the time plus onc point. c. NON- APPROPRIATION51n the event no, funds or insufficient funds are appropriated and budgeted in any fiscal year for lease charges under this Agreement, than LESSEE shall immediately notify LESSOR or its assignee of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the LESSEE of any kind whatsoever, except as to lease charges or portions of lease charges herein agteed upon for which funds shall have b=n appropriated and budgeted or are otherwise available. In the event 0:1 f such termination, LESSEE agrees to peaceable surrender possession of the lease vebicics'to LESSOR or its assignee on the date of such termination. LESSOR shall have ail legal and equitable rights and remedies to! take possession of the Equipment. Notwithstanding the foregoing, LESSEE agrees (1) that it will not cancel this Agreement under the provisions of this Addendum if any funds am appmprinted to it, or by it, fertile acquisition„ retention, or operation ofthc [eased vehicles or other equipment performing functions similar to the leased vehicles far the fiscal period in which such termination occurs or the next succeeding fiscal period thereafter. and (11) that LESSEE shall not, during the term of this Agreement, give priority in the application of funds to any other, functionally similar equipment This paragraph shall not be construed sew to permit LESSEE to terminate this Agreement to acquire any other equipment or to oliocatefunds directly or indirectly to perform essentially the same application for which the lensed vehicles arc intended. d, The LESSEE agrees to pay LESSOR on the first of every month. The LESSEE will receive ccurtesv billing in advance of this date. `Jon- recaipi of this billing will in no way relieve LESSEE of obligation to pay the monthly charge. LESSEE agrees to pay LESSOR a late charge of 501a of the mantnly lease rate if the payment is not paid within 10 days of tine due date, There will be a $20,00 service charge added for all return checks. 10;'29/03 WED 17:48 FAX HEARS MOTOR LEASING Z004 A. In the event of nonpayment of the monthly lease charge provided for herein, which non- payment shall continue for 15 days past due date, the LESSEE shall then be considered in default. 'Alithout'further notice the LESSEE ;bull immediately return the leased vehicle to the i.ESSOR at the LESSOR's above address.; A failure to return the vehicle shall be an unlawful withholding and punishable as provided by law. 7, in the event that the LESSEE shall default in the payment of any rental or other charges herein provided or LESSEE shall have filed a bond of bankruptcy, made an assignment for benefit of creditors, or Shall have been found voluntarily or involtmiarily adjudiczed a bankrupt by any court of competentjurisdiction, or if a mceivershali have been appointed for LESSEE's business or if LESSEE shall have permitted or suffered any distress or attachment, levy or execution to be made or levied against any or all of the property of the LESSEE, LI:SSOR shall have the right to terminate any and all leases without notice to LESSEE. If LESSOR shall elect to terminate this agreement or any other by reason of any of events described in this paragraph, LESSEE shall not be relieved of any liability for fallurc to make any of the payments required under this agreement or for LESSEE's failure in willing to perform any of the teams, covenants. and conditions of such agreement and in such event the balance of any instmilments of rent or other charges accruing from this agreement shall without notice or on dermil by LESSOR at once become due and payable. LESSEE further empowers LESSOR to enter the premises or otiter place whcre said vehicles may be found without being liable to any suit action, defense or other proceedings by LESSEE, to taste possession and carry away and remove the said vehicles with or without legal process and thereby terminate the LESSEE's right of retention and use of said`vehieles; aatd the LESSEE agrees to indemnify and pay to LESSOR reasonable attorney's fees and cost incurred for collection of all 'monies.due and for the costs of repossession. 6, If LESSEE obtains through LESSOR or by other means an extended outside warranty on said vehicles, LESSEE agrees not to hold LESSOR responsible for the performance of the warranty company so contracted for the vehicles. 9: Notice by and between the parties hereto, except as otherwise provided herein, shall be by telegram or certified mail, "return receipt requested," to the addresses listed herein_ 10, Each copy of this lease Weemer,l shall be deemed an original and represents the entire agreement between the patties and no provision hereof may be waived or modified except by an instrument in writing signed by both parties: IL in the aforementioned example, no more credit will be given for depreciation on ft Scheduia "A" after the maturhydate on the lease. 12, In the event LESSEE retains control of this vehicle beyond maturity date, he shall continue to be bound by all terms and conditions of this lease, CO148PLIANCE WITIi LAWS None of the vehicles leased under this lease will, while in the possession, custody or control of LESSEE, its drivers, servants, and Vents, be oPerated in excess of their respective rated maximum weight as specified in or by City, County. State, andlor Federal Regulations. If any of the vehicles are damaged in any manacr due to overloading, LESSEE shall immediately pay to LESSOR the air aunt of any and all dsrnages and losses suslaincd thereby, The vehicles shall not be used in violation of any federal, state, or municipal statutes, laws, ordinances, rules or regulations applicable to the operation of such vehitles. LESSEE will hold LESSOR harmless from anylor all fines, fbrfeitures, or penalties for traffic violations or for the violation of any statute, law, ordinance, rule, or regulation of any duly constituted public authority. LESSEE shall not use nor allow any vehicle to be used for any unlawful purposes or for the transportation of any property or material deemed extra hazardous by rea son of being an cxplasive (except ammunition carried by Lmsee's police officers), inflammable, toxic or fissionable. COLLEMON 1:XPENMS LESSEE shall be liable to LESSOR for all costs and expenses including a reasonable rate of interest on the outstanding amounts and the parties hereby agme,to confer jurisdiction to the State of Florida with venue in Orange County, Florida for disputes, claims or suits arising from this agreement. LESSEE shall be further liable to LESSOR for all costs and expenses including a reasonable attoracy's fees and reasonabic rate of interest or, outstanding amounts owed incurred in collecting payments due or to become due form LESSEE or in enforcing the rights of LESSOR pursuant to this agreement. The parties to this agreement hereby confer jurisdiction to the State of Florida with venue In Orange Gcauttly, Florida for disputes, claims or suits arising from this agreement on Orange County, Flatida. TERNIINATION OF CREDIT LESSOR hereby retains the right to terminate in his sole and independent disorction any previously approved credit application at any time during the operation of this agreement and demand immediate remittance of any and all outstanding balances, including the interest owed thereon, that LESSOR hat become liable for under the terms of this agreement. Furthermore, LESSOR shall have the right to process any number of credit applications of LESSEE without new authorization for each process for as lung as there is an outstanding balance due. 10/291103 WELT 17:49 FAX MEARS MOTOR LEASING DE UV ERY CHARGES The LESSEE agrees to pay a71 freight, demurrage. storage, switching, drayage, trackage, or other charges for the transportation of the equipment for the time the equipment shall leave the storage yards of the LESSOk up to ondinciuding the time of its return to the storage yard or other place specified by LESSOR. iVARRANTY NOT PROVIDED 8V LESSOR The following changes and additions were made in this agreement before it was signed by the parties here to: It is understood between the parties that the LESSOR is not the inanufacturar of the equipatent heroin Itascd, nor the agent of manufacturer of cquiptmentand rhatno warranty against latent defect;, material, woritmanship, or rapacitics is given, not the equipment wiil meet the requirements of any laws, rules, specifications, or contracts whiph provide for specific machinery or apparatus or special methods. o&r than that of the original manufacturer of the equipmont and as set forth in the manufacturer's catalog and representations wherein 5u'"ch machinery and equipment are listed and described. The LESSOR does not warrant the equipment herein leased as b6no fit for a particular purpose other than such as may especially appear in this lease or by supplemental attachment of this lease. THERE ARE N 6 WARPKAN't`m w i-llcm E -xTEND 9FYOND THE DESCRIPTION ON THE FACE HEXEOF. (FIa, Stat. 872.316 and O 1.20 110.) The LESSEE and LESSOR agree to the above lease agreement LESSEE's Name; City of South Miami 6130 Sunset Drive South Nliatnt. FI 33 43 Tide LASS Name: Motor Livery James C., Harman President Rer,'sed 07/18/46 UNIT # DESCRI'TION AND SEEIAL DELIVERY MILEAGE MA.7`UR) I`'Y NI)MBER DATE OUT DATE 1'3$82 2002 Cbvvrolet 1500 Silverad4 03,U/200.2 14680 03131/2003 SilverlGrey 2GCBC19V521.12933 ORIGINAL MONTHLY S>ErCURITY A MILEAGE EXCESS VALUE DErR>ECLt<TItiN j DAMAGE DEPOSIT ALLOWANCE MILEAGE OF ORIGINAL r>EZr MCrI`dT�i � CHA�tCF VALUE { PER MILE $22,055.00 a,0°o 50.00 1660 0,12 _j MONTHLY LEASt CIWGE < MAIi�iTLNt lrlCl ?• SALES'tAX TOTAL LEASE PAYMENT $550.00 NON - MAINTENANCE: The Lessae will fhraish at his own expense, tats:, batteries, repairs and all mamtenanae unless they are covered by the factory Warranty aervice policy, =d agrees that at termination of the lease period all five (5) tires will be the same brand, type and size that came on the vehicle and have a minirrtura of 4/32" tread left at the shallowest groove. This agrcerneut is made this 15th day of March. 2002. Lessee's Natste: City of ,South Miami 6130'Sttttset Drive South Miami, FL 331 TITLE PRXNTED NAM CIE' PERSON SIGNING LESS 'S :MEAlts MOTOR LIVE1tY CORPORATION PRES1TjETiT JAM C-KAKTMAN TITLE �;,.. •t.$, ^�u r': d� i?":. ., ^�',w':5',�T,. ;;�a= uat �-�; e�_m_'�a-�,nr —',-�° R? �� 10/29/03 WED 17.50 FAX HEARS MOTOR LEASIN-G x]007 r ii DESCRiPT1�D AND SIERIAL ' DELIVERY MILEAGE NATUMTY NUMBER D.A,TjE OUT DATE :14 2002 Ford b -I �4 Super Cab XLT 03I1SC10U2 250 03/31.12003 BlacWfan 1fTRX17W82Nekl4172 fORIGINAL MONTHLY SECT+RITY & Friii,EAtpE NnLESS ALUE DEPRECIATION DAMAGE DEPOSIT ALWWANCE NIYLEA�E C)FCfRIG11 AL' P�R�vtON'KH CHARGE VALVE PER MYLE $22,220.00 2 © °la x(,00 1670 4.12 MONTHLY LEASE MAINTENANCE SALES.TAX TOTAL LEASE PAYMENT CHARGE $550.00 $0.00 $0.00 $ S54.p0 NON- YVJ.AiNTF-NANCIE: The Lessee will furnish at his own expense, tire, batteries, repairs and all maintenance unless they arc covered by the factory warranty service policy, and agrees that at termination of the lease period all five (5) tiro$ will be the satnc brand, type and site that came on de vehicle and have a mirdmura of 4132" tread left 'at the shallowest groove. This agreement is made this 15th day hf March, 2002. ix.�aeo's_Nsm�z city of South miami 6130 S=Set Drive Somb lvii , F' 3314 By: TITLE PFIN NAME! OF PERSUN IU14KO L Ssor TOR LIVERY CORPORATION P 7 3ANI C. 'iR7AN _.. = TITL City of South Miami INTER-OFFICE MEMORANDUM TO: Honorable Mayor, Vice Mayor Date: November 4, 2003 and City Commission FROM: Maria Davis Re: Agenda Item # City Manager > Comm. Mtg 11/ /03 Renewal of the Support/ Maintenance with Aether Systems, Inc. RESOLUTION A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING" THE CITY MANAGER TO DISBURSE THE SUM OF $8,943.00 FROM CONTRACTUAL SERVICES ACCOUNT # 001 - 1910 - 521 - 3450`' TO AETHER SYSTEMS, INC. FOR THE RENEWAL OF THE 2003/04 SUPPORT/MAINTENANCE AGREEMENT FOR THE POLICE DEPARTMENT AND PROVIDE FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Aether Systems, Inc. is the manufacture and provider of the Police Department's Packet Cluster Mobile and Packet Cluster Server Software. The Packet Cluster Software allows police officers to access the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC). Aether Systems, Inc. will provide maintenance and technical support for the Packet Cluster Mobile Server and the FCIC/NCIC interface software. The maintenance and operation of the software is critical to the operation of the Police Department. Current, Approximate Balance $62,488.00 Request $ 8,943.00 New Approximate Balance $59,545.00 RECOMMENDATION Your approval is recommended. r, 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO DISBURSE THE SUM OF $8,943.00 FROM ACCOUNT 6 NUMBER 001 - 1910 -521 -3450 (CONTRACTUAL SERVICES) TO AETHER 7 SYSTEMS INC., FOR THE RENEWAL OFF THE 2003/2004 8 SUPPORT/MAINTENANCE AGREEMENT FOR THE POLICE 9 DEPARTMENT PROVIDING AN EFFECTIVE DATE.` 10 11 WHEREAS, Aether System Inc., is the manufacture and provider of the Police 12 Department's Packet Cluster Mobile and Packet Cluster Server Software. The Packet Cluster 13 software allows police - officers to access Florida Crime Information Center (FCIC) and National 14 Crime Information Center (NCIC). 15 16 WHEREAS, Aether System Inc., will provide maintenance and technical support for the 17 Packet Cluster Mobile Server and FCIC interface Software. 18 19 WHEREAS, the maintenance and operation of this software is critical to the operation of 20 the Police Department. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 23 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:' 24 25 Section 1. That the City Manager be, and hereby is authorized to disburse a sum of 26 $8,943.00 to Aether Systems Inc., for the renewal of the Annual Software 27 Support Agreement. That the disbursement be charged to account number 28 1910- 521 -3450. 29 30 Section 2. That this resolution be effective immediately after the adoption hereof. 31 32 PASSED AND ADOPTED this day of , 2003. 33 34 ATTEST: APPROVED: 35 36 37 38 CITY CLERK MAYOR 39 40 COMMISSION VOTE: 41 READ AND APPROVED AS TO FORM: Mayor Feliu: 42 Vice Mayor Russell: 43 Commissioner Bethel: 44 CITY ATTORNEY Commissioner Wiscombe: 45 Commissioner McCrea: 46 05/08/03 09:51 $°508 460 4098 CERITLEAN 1@ 002/002 EVER Quote Pfabjk Qaveruntene Wsiar+' cecn&r of Ceaulean to Sunwe Pond Exhabft for Support/Maintenance Agreement Aftc i&18ment "All A ' south Miami Police Department ment Support /Maintenance, Agrement is for the period: 6130 Smaset Dec October 1, 2003 September 30, 200 E Seth l i t . 33��3 CePr aacr�irnuune. 8,934.00 Coneaacd 14bc -0529 LlCtS OveBed of uses at es nee aintonance cost _. i FC I I oe a aster a s er :ionware $ 21,000.00 S 3,780.00 ST17 State NCIC IntrAface Software $ 5,970.0D $ 1,6:15,00 17 PacketCluster Mobile Software < 25 $ 16,915.00 $ 3,045.00 I PacketCluster Patrol ®ffice (LAN) SW 5 p=k $ 2,750.00 S 495.00 $ 49,63S.00 S 9,934.00 Total Maintenance Cost for time Agreemeet: FUS is notmr.&VOIIee Plea-s2 re er to the �:tej�f@!E.°E!EC1®�:.°. °.s." °..PEE j e'.P :F°..°. Ternns .°..'@.d. Con. +d6a 70-3-PO on SEW of; Acccpt= on ocnan 01. South Miami Police Department Aether'Mobile Government By' sign here Name' Name SrevanP. Grrondin print nagee Isere Title: Title: Director of Customer Service . Date: Rafe: May 8, 2003 City of South Miami INTER - OFFICE MEMORANDUM TO:' Honorable Mayor, Vice Mayor Date: November 4, 2003 and City Commission- FROM: Maria Davis e: Agenda It # City Manager Comm. Mtg 11 /4/0; Authorization to Purchase A Server from Dell Computer Corporation RESOLUTION A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY' MANAGER TO DISBURSE THE SUM NOT TO EXCEED $7,992.16 FROM OPERATING EQUIPMENT ACCOUNT # 001 -1910 -521 -6430 TO DELL COMPUTER CORPORATION, FOR THE PURCHASE OF ONE (1) SERVER AND COMPUTER ACCESSORIES FOR THE POLICE DEPARTMENT AND PROVIDE FOR AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS Dell Computer Corporation has provided the City of South Miami computers for over seven years: Dell has proven to provide a quality product and is backed by a service warranty that benefits the City. This `proposed purchase will provide the South Miami Police Department with a new server which would replace the existing server. The current server was purchased in 1999. The primary use of this server is to provide access to and storage of the Police Department Records Management System and Mobile Data System. This System is used to store Incident, Accident, and Traffic records. With upgrades to the Records Management Systems and data security requirements, the current server will not meet those standards. Also, the current server is in the last year of the extended warranty coverage. The quote from the Dell Computer Corporation also includes twenty (20) AC adapters which will be used to replace damaged laptop battery chargers. Memory will be used to upgrade two (2) computers: Current Approximate Balance $25;308.73 Request $ 7,992.16 1 New Approximate Balance $17,316.57 RECOMMENDATION Your approval is recommended. OF 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 4 CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO DISBURSE THE SUM NOT TO EXCEED $7,992.16 6 FROM ACCOUNT NUMBER 001 - 1910- 521. -6430 (OPERATING g EQUIPMENT) TO DELL COMPUTER CORPORATION, FOR THE 9 PURCHASE OF ONE (1) SERVER AND COMPUTER ACCESSORIES 10 FOR ` SOUTH MIAMI POLICE DEPARTMENT, PROVIDING AN 11 EFFECTIVE DATE. 12 13 WHEREAS, Dell Corporation could provide the most cost effective equipment 14 15 and provide hardware repair, and technical services for the length of the warranty; 16 17 AREAS, this server will meet network systems requirements, provide the 18 storage' for the Police Department's Record Management System, data security and 19 enhance the wireless network, 20 21 NOW, THEREFORE, DE IT ORDAINED BY THE MAYOR AND CITY 22 23 COMMISSION OF THE CITY OF SOUTH MIAIVII, FLORIDA: 24 25 Section 1. That the City Manager is authorized to disburse a sum not to exceed 26 the amount of $7,992.16 to Dell Computer Corporation, from the following account: 27 28 001 - 1910 -521 -6430 (Operating Equipment) $7,9992.16 29 30 31 " Section 2. That this Resolution be effective Y ve immediatel upon the adoption p p 32 hereof. 33 34 PASSED AND ADOPTED this day of 2003. 35 36 ATTEST; APPROVED: 37 38 39 40 41 CITY CLERK MAYOR 42 43 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 44 Mayor Feliu: 45 46 Vice Mayor Russell: 47 Commissioner McCrea: 48 CITY ATTORNEY Commissioner Bethel: 49 Commissioner Wiscombe: OF incorpotat €rra the latest in high Performance performance tr clrrtoiogia . ar, The Dell PoverEdge 4600 offers new. cutting -edge technologies providing exceptional levels of performance for memory- intensive, high bandwidth applications including network infrastructure, collaborative data backup and entwrrced set of availalarlsty recovery, research, security and streaming media. With up to two Intel' Xeon' processors; it delivers core speeds fe aftires, and a high IavEei of as fast as 2.8GHz with a'400khNz front side bus seaiaprfrtV, the ell Praweruge;` furthermore, the PowerEdge 4600 is the first Dell platform to utilize the ServerWorks' Grand Champion High 4600 introduces a nev"r level of End (GC-HE) chipset that raises the bar for high speed memory access and perfonmance. The PowerEdge 4600 f`�n �roaalr ' to the dual-processor implementation of the chipset provides an incredible 3.2GB /s of memory bandwidth and up to 3.4GB /s of throughput on a five- bus - segment architecture. The chipset also accommodates up to twelve registered DOR (double data rate) id-ran ve sever rnarbW, DIMMs with caparities rap to 1GB and four -way interleaved memory architecture for performance advantage particularly important in high-end )graphic applications environments. The PowerEdge 4600 also incorporates PCI eXtended (PCI -X) technology, the next generation local VO standard that provides high bandwidth and dedicated hardware interfaces between internal chips and peripheral cards that can result in an overall reduction of system latency time.' High ArvaRabilittf and Data Protsceron Designed to meet the needs of customers who require high levels of availability and data protection, the PowerEdge 4600 offers the latest in high availability features. A key differentiator of the PowerEdge 4600 is the embedded PERC3 /01 RAID controller, a high - performance Ultra3 (160MBr•'s) SCSI RAID solution that provides dual RAID channels and supports write -back caching with a battery backup to protect the cache memory's content in the event of a power outage. It also features redundant cooling and redundant power supply options in addition to hot -plug hard drives and hot -plug PCI -X slots for optimum uptime. The GC -HE chipset contributes several key high availability features to the PowerEdge 4600. Spare Bank, Memory Mirroring and Error Correcting Code (ECC) SORAM memory with support for Chipkill" technology enable the servers to withstand errors that could crash a system that does not support this technology. Scalaatfittr, fipanaueahi `y and CL uLC# tlitar The PowerEdge 4600 provides both enhanced scalability for internal storage, memory and network bandwidth as well as enhanced flexibility to configure and manage data.* As a result, customers have an easy -to -use system that can grow readily with their needs. With 10 hard drives, the server delivers up to 730G6 of internal storage capacity, and the PowerEdge 4600's seven PCI slots offer room for additional functionality and expansion, The PowerEdge 4600 offers Dell OpenManage" with a streamlined, wizard - driven installation for simple management from the very beginning. Built -in remote management includes full in- service or ' out -of- service access to the system, and the completely redesigned 6U chassis is built for data centers, remote offices and lnetworked environments. Versus its piudecessor. the Pavo Ldge 4400: .. .:.. PowerEdge 4600 Easy Er4 £ peg:,armnani , as rf sysi[ Wt,'1VV d'r_-'U 6- 03 M or ry1.0 e alto M n o , -BLIP, ERINTERPM RES DESCRIPTION - Processor Uj to *w lit el Xeon :;processors atT•SGlft i 2 BOtTz'cofe speed i }felt ir#iars a bro td tiat##olta of Eh*rpMe Seto - Front side bas . 40OMHz �.. cif} f help you aptirliizatlte use sff 1Tteolt ttataytes rapidly tkettlay systetiis educate Chrpset ruer S o s ratatl G �aFFlpfira HE _ pT€Ffess.`1QRalsond YttaXIMize.ystetit apiiFrFe. tae €t PCI Seven slots 8 x 64 hitf100Mkz hot -Plug PGf -X (840NiBfs peak bandwidth), firDVtdeseXpei3 advtce.and teF hnicai :assts- i x 32- b'st/33MHz (5V) tatFC€ tFifd a singlf pDinCa# cnhtai fi aad helps Internal storage Elgofle insTi ftotpitt drives lila311i7t11 SCS} 1D Ofl0 rpm atfiSGBT 4rtFt fedFtea avefiatttota€ cast a #ownelhlp 36Gt3,xar73tP or lzStDlEfpmt td6 &or iT�� s- Dptioitaf 2 x t hftt pftig _drives #�I,;i104 Dr tSwfiDO tpm U(tra� ltf'F64} ��SI} ' Profes�tana# Sernttees iii {tertpTieraliay It�iFOnttf x splitabkptang -if Will B €ue �hirotrgfi Technaiag Memory Up to 12GB DDR ECC SDRAM. 12 DIMM sockets, four -way interleaving alt l( Prr4fessronat Services enables MAW apt( -. Chipkill'" and Spare Bank support for- enhanced data protection in fitize tt£tlt3tr levefagiii cDttp }exteclinatagy the event of a DRAM chip failure tlttapgh #lie destg(? deve}apnent and tTipfe Embedded SCSI Duel chartneE =Utt a3 TIED} mufitaft€Itt b# tttnaYafFVe aad riibust bi}srtress- rltical sniFFtions Stti'lte ehanriet tJlrt a2 fat rf#tetna.1tA backup units - RAID Dell PERC3 /D+ (embedded RAID with 128MB of battery - backed cache) ill {IIyq ilY $�Eitldbs Optional: PERC3 /DC (dual - channel PCI RAID controller) PERC3AIC fittnfigfat and rapid3y DEFLf3'i Dell prtducis (quad channel PC[ RAID controller) ttty y[tas:li tivtrfrnment LAN on motherboard (LOM) 1DtIl1D EtheraetcoDtrnll. 111f1oDrlt DEthetnet corFt cl to (t�uD t ntrtFtters '"))taF }atsSyStettl5toyfdtFr P.UaIfiDattt)rt5 s[tpporloadalaticFOfeifo +d JA sirp;ortl tliranglt fur custarE #at tart' ihtet rattan sefvtc Availability and serviceability Spare Bank and Memory Mirroring; configurable ECC memory with ChipKil( s as alt late rated Marta# #loll s FiianFifactFfrmg support; hot -plug drives; hot-plug and redundant fans; hot-plug PCI -X slots, processes #3ell.cart dellver'srFanage, and optional hot -plug and redundant power supplies itistatlsystentsv ¢ tth pfafesiinaltrartied ari Easy - access chassis sFt2techsiFOtans, tltsreb�eito ±nriijDyout4 #octis.l. 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Dells auvArd tnririnttlgsstrvtce atdsupportpra grarrrs ere;dt:slgnet{:YO maxFtt��e ttpttme �etsitce .: , _ �#fering� desFgned fit proven #;{art�btems. attd ..- resatve rSSFteS few- Y art? avadabte #ar all ` EeterpFfsTFradiiets FfetFFteFEaterpsStrppatt DetV cannot be responsible for errors in typography or photography uerif�S F' fatIf'i1EfS f!# addittoFTal SD7t}Tt for hard drives, G & means 1 billion hytes. Total capacity varies depending on operating environments. �(atiitrtttF�flld s�F(U�t;$IT3TFZe 3FlrltliaddittDrlal <; :¢ pttonaladdortsertf :IGeSthattietpket:piyanf MmrosaftMindows.Backoffice and wmdowsNT mark Intel Corporation. ServerWorks are registered trademarks ofMicrasoftCorporation, Intel isa registered tradamarkandxeonisatrade- Sti?FTiB pefatiDi nLpealr pel Inrnrance of is a to referte erdierthe entities claiming the marksand Powervault, PowerEdge, Openhiitanage and registered trademark of ServerWorks, Inc, Other trademarks and trade names may be used in this document names or their products. Dell disclaims proprietary interest in the marks and names of others. Dell, DirzctLine are trademarks of Bell Computer Corporaflon'.:t. Copyright 2002 Dell Computer Corporation. All - 2t�JiCBS Vary+ by re0tan Puriiare m #affCtaft ©ii rights, reserved. Reproduction in any manner information contact Dell. October 2002. Kolar. whatsoever witlmutthe express written permission of Doi Computer Corporation is strictly forbidden. For more r - slit the avafabta seritices nt yoprarea ;please tits #f vusnti�t€ieil colt( iJ Ex Cep _ a: n�ybrrnnn s. Esc= as 'sit vv, 4 . ell.com I..i nn, re iifior.lsowl ii, 10/08/2003 11:46:17 AAA April Delashaw Dell Computer Corp Page 2 QUOTATION QUOTE #: 120798964 Customer #: 1904955 Quote Date: 10/7103 Date: 101810311:45:23:AM Customer Nape: CITY OF MIAMI TOTAL'QUOTEAMDUNT."77 • ®r Product Subtotal $6,324.06; Tax: $0.00 Shipping & Handling; $0.00 Shipping Method: Ground Total Number of System Groups: 1 -• a PRICE $6,324.00 -e TOTAL, ®® Base Unit: PowerEdge 450%2- fiGHa1512K Xeon (221 -1685) Processor: 2nd Processor <Z6GHV512K XeonPowerEdge 460o (3t1-2225)', Memory: 2GB DDR SDRAM 266MHZ (4X512) PowerEdge (311 -2733) Keyboard: Standard Windows Keyboard Gray (310 -1676) Monitor. No Monitor Option (320 -0058) Harm Drive: 146GB 10K RPM Ultra 320 SCSI Hard Drive`(340 -7966) Hard Drive Controller: PERC3 1Di 128MB (2 INT CHANNELS) (340 72904' Floppy Disk Drive: Floppy Drive,144M,F3,'Third Height, PowerEdge 4500 (340 - 2903) Operating System: W2K3 Server Standard Edition 32 -bit (420-2965) Operating System: Dell OpenManage Kit,32 -Bit (310 -1261) Mouse: Logitec System MouseGray, Servers (310'. -3776) NIC: Broadcom NeiXtreme 10l10011000(cat 5), Network Adapter (430 -0373) Modem: 56K I NT MDM PCI,V.92,PE SRV (313 -1338) y CD -ROM or DVD -ROM Drive: 24X IDE CD- RW /DVD ROM Drive for PowerEdge Servers (313 -1999) Speakers. Printed Wiring Assembly BackPlane,1X8,PowerEdge 4600 (311 -1116) �I Additional Storage Products: 146GB 10K RPM Ultra 320 SCSI Hard Drive (3#0-n66 Feature Cab)e;C4,MR51N, PowerEdge 4600 (310-0589) ` Feature Enclosed, Chassi s,Tower,6Ul, PowwEdge 4600,DAO (310 -0631) Service: Type 3 Contract - Next Business Day Parts "arid Labor On - Site Response, Inliial year (900 7990) Type 3 Contract - Next Business Day Paris and Labor On -Site Response, 2YR Extended (900 - Service: 7922) Installation: '- On -Site installation Declined (900 -99971 Misc 1460810K RPM Ultra 320 SCSI Hard Drive (340 -7966) Misc: Power Supply,30OW, Redundant.PowerEdge 4600 (3101344} CFI,9104,Information, Label,Asset,Medium 92, Factory Install (362 -8800) CF1,9104,Information, Label,Asset,Large, #2 Factory install (352 -8807} CFI Bypass EIDO (364 -7502) CFI Routing SKU (365 -0257) CFI,Rollup, integration, OR- System,Labei,Service (366.4301) - Quantity 2 SOLES REP: APPAL DELASHAW PRONE: 800 -981 -3355 Email Address: April_ DelashawpDellacom Phone Ext: 44727 For your convenience, your sales representative, quote number and customer number Have been Page l of 2. 10/08/2003 11:46:41 AM April Delashaw Dell Computer Corp Page 3 included to provide you with faster service when you are ready to place your order. You may also place your order online at w r r el aar�,r_ gds e This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the, U.S. only and are subject to change. * °Salesfuse tax is a destination charge, i.e. !rased on the "strip to" address on your purchase order: Please indicate Mur taxability status on your PD. N exempt,; please fax exemption certificate to Dell Tax Department at 512- 283 -9276, referencing your customer number: ` If you have any questions regarding tax please call - 433 -905 "• All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly, Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US—DFS—AssetRecovery@deii.com. Minimum quantities may apply. Page 2 of 2_ SALES; REP: APRIL DELASHAi�V Page l of 2 DELL CITATION QUOTE #: ,119348965 Customer #: 1904955 Queue Date: 9/19/03 Date: 9/19/03 3:14:08 PM Customer. Nerve: CITY OF MIAMI TOTAL QUOTE AMOUNT: $1,276.1 Product Subtotal: $1,276.16 Tax: $0.00 Shipping & Handling: $0.00 Shipping Method: Ground Total Number of System Groups:' 0 SOFTWARE & ACCESSORIES Product Quantitv Unit Price Total AC Adapter,70 Watt for All Latitude C- Series Notebooks Except 0840/640 Customer Install (310.7500} 20 $55.00 $1,100:00 DIMNI 256ft1B,100MHz 32X64,4K,NON ECC {700065 -1} 2 $88,08 $176.16 Number of S A ite nse 2 S Total Amount: 1,2',16 COMMENTS C# 250- 000 -03 -1 CC# 90231 PLACE IN REP# 32322 SALES; REP: APRIL DELASHAi�V PHONE: 500 -981 =3355 Email Address: April_Delashaw @Dell.corn Phone Ext: 44721 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at wal . Ile ote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, file:// C`:\ Docuineiits% 20and% 20Settings \bedney\My %20Doctinieilts\Dell \(quote Baiteay %o20Pac... 10/13/2003 Page 2 of 2 is subject to the applicable bell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. **Salesluse tax Is a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on Vour PO If exempt, please fax exemption certificate to Dell Tax Department at 592 -2113 -3276, referencing your customer number. If you have any questions regarding tax please call 800- 433 -9099. ** All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Deli products contain mercury, please dispose properly. Please contact Bell Financial Services` Asset Recovery Services group for EPA compliant disposal options at US—DFS—AssetRecovery@dell.com. Minimum quantities may apply. file: / /C:\Documeiits° /o20and°1o20Se iiigsibedney\A4y %2ODocumezits \Dell \Quote�Battery %?4Pac... 10/1' )/2003 For'',your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at 1j,4my.deila o 1 uote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. * *Safes /use taxis a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemptionf certificate to Dell Tax Depariment at 512 -283 -9276, referencing your customer number. f€ you have any questions regarding tax please calf 840- 433 -9019. ** All product and pricing information is based on latest information available. Subject to change Without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US—DFS—AssetRecovery@dell.com. Minimum quantities may apply. file; l / `;\ Docuiileiats% o20and% 20Settiiigs \bedney\My %20T3acuuients\Dell \Quote %20Touch %20S... 10/13/2003 SALES REP. APRIL DELASHA�► Page 1 of 1 PHONE: 800- 981 -3355 DELL QUOTATION QUOTE #: 119336514 Customer : 1944955 Quote Date: 9/19%03 Date: 9119/0312:55:11 PM Customer Name: ' CITY OF MIAMI TOTAL QUOTE AMOUNT: $392.00 Product Subtotal: $392..00 Tax: $0.00 Shipping & Handling: $0.04 Shipping Method: Ground Total Lumbar of System Groups: 0 SOF'T'WARE, & ACCESSORIES Product Quantity Unit Price Total 3000 Series'Eio Entuitive 17260 17inch CRT Desktop Touchmonitor (AO035 651) 1 1 $392.00` $392.00 Number of S A items: I SSA Total Amount- $392.00 For'',your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at 1j,4my.deila o 1 uote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. * *Safes /use taxis a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemptionf certificate to Dell Tax Depariment at 512 -283 -9276, referencing your customer number. f€ you have any questions regarding tax please calf 840- 433 -9019. ** All product and pricing information is based on latest information available. Subject to change Without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US—DFS—AssetRecovery@dell.com. Minimum quantities may apply. file; l / `;\ Docuiileiats% o20and% 20Settiiigs \bedney\My %20T3acuuients\Dell \Quote %20Touch %20S... 10/13/2003 SALES REP. APRIL DELASHA�► PHONE: 800- 981 -3355 Email Address: Aprii_Delashaw @Dell.com Phone Ext: ` 44721 For'',your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at 1j,4my.deila o 1 uote This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell terms and conditions agreement. Prices and tax rates are valid in the U.S. only and are subject to change. * *Safes /use taxis a destination charge, i.e. based on the "ship to" address on your purchase order. Please indicate your taxability status on your PO. If exempt, please fax exemptionf certificate to Dell Tax Depariment at 512 -283 -9276, referencing your customer number. f€ you have any questions regarding tax please calf 840- 433 -9019. ** All product and pricing information is based on latest information available. Subject to change Without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US—DFS—AssetRecovery@dell.com. Minimum quantities may apply. file; l / `;\ Docuiileiats% o20and% 20Settiiigs \bedney\My %20T3acuuients\Dell \Quote %20Touch %20S... 10/13/2003 SALES REP. APRIL DELASHA�► CITY OF SOUTH MIAMI INTER- OFFICE MEMORANDUM To: Mayor and City Commission Date: November 4, 2003 From: Maria V. Davis AGENDA ITEM 4 City Manager Re: Commission meetmg:Nov. 4, 2003 Retainer for Fausto Gomez Barker & Associates (City Lobbyist) RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING) SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED $42,000.00 FOR THE FIRM OF GOMEZ BARKER AND ASSOCIATES; FROM ACCOUNT NUMBER 001- 1315 - 513 -3450, CONTRACTUAL SERVICES. BACKGROUND The attached resolution is requesting your authorization for the City Manager to retain the firm of Gomez Barker and Associates for 2003/04 fiscal year Tallahassee legislative lobbying services. This year, we are using only one lobbyist as a result of the City Commission's action in last fiscal year that terminated the contract of one lobbyist and limited, future retainer for lobbying services with one firm. The firm of Fausto Gomez Barker and Associates will be paid a retainer amount of $3,500 monthly, charged to account number 001- 1315 - 513 -3450. At present, this account has a balance of $42,000 in the 2003/04 fiscal year budget. RECOMMENDATION Approval is recommended. 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, RELATING TO LEGISLATIVE (LOBBYING) 5 SERVICES; APPROVING FUNDING IN AN AMOUNT NOT TO EXCEED 6 $42,000.00 FOR THE FIRM OF GOMEZ BARKER; FROM ACCOUNT NUMBER 7 001- 1315 - 513 -3450, CONTRACTUAL SERVICES. 8 9 10 WHEREAS, the City of South Miami established an Office of Intergovernmental Affairs with the 11 purpose of securing appropriations and funding from the State of Florida; and 12 13. WHEREAS, the use of professional: lobbying services is essential to the success of this Office; 14 and 15 16 WHEREAS, the City advertised and competitively solicited for lobbying services through RFP 17 No. SLS- 83198; and 18 19 WHEREAS, that RFP allows for extensions of the contracts with the selected firm and 20 21 WHEREAS, the current lobbying firm engaged by the City has performed in an exemplary 22 manner. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF SOUTH MIAMI: 26 27 Section 1. The City Commission hereby authorizes the City Manager to enter into a 28 Professional Services Agreement for Legislative (Lobbying) Services with firm of Gomez Barker 29 Associates in an amount not to exceed $42,000.00 from Account # 001 -1315 -513 -3450, Contractual 30 Services, for FY 2003 -2004 services. 31 32 Section 2. This resolution shall take effect immediately upon approval. 33 34 35 PASSED AND ADOPTED this day of , 2003. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 Commission Vote: 43 READ AND APPROVED AS TO FORM: Mayor Feliu: 44 Vice Mayor Russell: 45 Commissioner Bethel: 46 Commissioner McCrea: 47 Commissioner Wiscombe: 48 CITY ATTORNEY Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor& Date: November 4, 2003 City Commission ¢ 0 ITEM No. —/50 Maria Davis RE: Fee Amendment • City Manager Outdoor Seating ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS "AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, ,10 -95- .1583, 18 -99 -1692, 28 -00 -1730, 32 -01 -1763, AND 14.02 -1782 IN ORDER TO ADJUST THE FEE FOR RESTAURANT OUTDOOR SEATING, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE BACKGROUND The City's Permit Fee Schedule is adopted or amended in ordinance form, however, it is not codified; (part of the City Code). It is generally updated every two years. The City Commission on November 6 2001 adopted Ordinance No. 32- 01.1763, containing an overall updating of the City's Permit Fee Schedule. At that time the Commission specifically adopted a motion that the outdoor restaurant seating annual fee was to remain at $250 ( waived for first year of operation). However, the adopted ordinance did not reflect the Commission's motion and 'included the Administration's recommendation of amending the annual fee for restaurant outdoor seating to $25 per seat / per year. The City Commission at its October 7, 2003 meeting determined that the City's Permit Fee Schedule should be corrected and directed that the City Administration adjust the restaurant outdoor seating fee to reflect what was approved in 2001. The revised fee is the same fee contained in the outdoor seating regulations of the Land Development Code, Sec. 20- 3.3(E)(3) and Sec. 20- 7.29(C). The City Administration will review the fees charged for outdoor seating in other municipalities and will recommend appropriate changes as part of next year's budget. (2) RECOMMENDATION The City Commission at its October 21, 2003 approved the amendment ordinance on first reading. It is recommended that the attached ordinance changing the City's Permit Fee Schedule (H) be adopted. Attachments Draft Ordinance MVD /SAY EAComm Items \2003 \11- 4 -03 \CM Report Revised Fee Outdoor Seating .doe 7717 1 2 3 ORDINANCE NO 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE 7 PERMIT FEE SCHEDULE; AMENDING ORDINANCE '14 -90 -1454 AS 8 AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 9 18 -99 -1692, 28 -00` -1730, 32 -01 -1763, AND 14 -02 -1782 IN ORDER TO 10 ADJUST THE FEE FOR RESTAURANT OUTDOOR SEATING, 11 PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, 12 AND AN EFFECTIVE DATE, 13 14 WHEREAS, it is the policy of the Mayor and City Commission to adjust the 15 City's Permit Fee Schedule to assure that fees charged are appropriate and comparable to 16 fees charged in other municipalities; and 17 18 WHEREAS, the City Commission on November 6, 2001 adopted Ordinance No. 19 32 -01 -1763, which adjusted the City's Permit Fee Schedule; and 20 10 21 WHEREAS, _'the City's Permit Fee Schedule currently contains a Schedule H l (:V which includes an annual fee for restaurant outdoor seating, which is to be added to the 23 annual occupational license fee; and 24 25 WHEREAS, the City Commission on November 6, 2001 specifically adopted a ry motion that the outdoor restaurant seating annual fee was to remain at $250 (waived for farstyear of operation); and 28 29 WHEREAS, Ordinance No. 32 -01 -1763 was memorialized with the 30 Administration's recommendation of amending the annual fee for restaurant outdoor 31 seating to $25 per seat / per year; and 32 33 WHEREAS, the City Commission at its October 7, 2003 meeting determined that 34 the City's Permit Fee Schedule should be corrected and directed that the City 35 Administration adjust the restaurant outdoor seating fee to reflect what was approved in 36 2001. 37 38 NOW, ' THEREFORE, BE IT ORDAINED BY THE -MAYOR AND CITY 39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 40 41 42 Section L That Fee Schedule (H) entitled "Land' Use Application Fees" of 43 Ordinance 14 -90 -1454, as amended by Ordinances 6- 92- 1501, 17- 92- 1512A, 10 -95 -158, 1 18 -99 -1692, 28 -00- 1730, 32 -01 -1763, and 14 -02 -1782 is amended by adjusting the fee 2 charged for restaurant outdoor seating, as shown on Permit Fee Schedule (H) attached to 3 this Ordinance. 4 5 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any - 6 reason held invalid or unconstitutional by ,a court of competent jurisdiction, the holding` "7 shall not affect the validity of the remaining portions of this ordinance. 8 9 Section 3. All ordinances or parts of ordinances in. conflict with the provisions 10 of this ordinance are repealed. 11 12 Section 4. This ordinance shall take effect immediately upon approval. 13 14 PASSED AND ADOPTED this day of , 2003` 15 16 17 ATTEST: APPROVED: 18 19` 20' CITY CLERK MAYOR 21 22 1St Reading 23 2d Reading 24 25 COMMISSION VOTE: 26 READ AND APPROVED AS TO FORM: Mayor Feliu: 27 Vice Mayor Russel: 28 Commissioner Bethel: 29 CITY ATTORNEY Commissioner McCrea: 30 Commissioner Wiscomb: 31 32 33 34 35 Attached: Permit Fee Schedule (H) 36 37 38 39' 40 41 EAComm Items\ 2003\ 11- 4 -03Tee Ordinance Amend- 11- 4- 03.doc w:':�;:x a., .�.. �aa. . , r,v =�, , a _ •,.. , .-a, ..- . _ ,?- �:''�", ,"z �i�"`*�r��..^ � -�,� r . ., x - ;,�s^ . -„--y ..s`,;�'�i�4 �, ;, .��,.�, ,...� (H) LAND USE APPLICATION FEES 1. TEXT AMENDMENT TO LAND DEVELOPMENT CODE $1,750 2. REZONING Ten acres or less $1,750 Over ten acres $13,500 3. SPECIAL USE PERMIT $1,750 4. APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD Applications for new construction in the RS andRT zoning districts Single unit $350 All other applications for: New construction $450 Renovation -_ $150 Signs, fences, walls, etc. $50 For each additional appearance before the Board $50 5. VARIANCES First variance request $1,500 Each additional variance request $500 6. PLANNED UNIT DEVELOPMENT $3,000 7. CHANGES TO A PLANNED UNIT DEVELOPMENT $1,000 8. CLOSING OF ANY PUBLIC RIGHT -OF -WAY $1,500 9. WAIVER OF REQUIRED` RIGHT -OF -WAY IMPROVEMENTS $1,500 10. WAIVER OF PLAT APPLICATION $3000 11. COMPREHENSIVE PLAN AMENDMENTS $20,000 12. SPECIAL EXCEPTION $1,750 13. ADMINISTRATIVE WAIVER $500 14. TEMPORARY SIGNAGE " $35 15. SIDEWALK SALES $35 16 DUMPSTER AGREEMENT, CONSTRUCTION TRAILER AGREEMENT $25 17. UTDOOR SEATING, -I Hj�-t Annual fee (Waived for first year of operation) $250 18. TREE REMOVAL PERMIT $40 (New wording underlined; words being removed indicated by st soul, CITY OF SOUTH MIAMI South Miami bftd 4 Inter- office Memorandum 11111F �. INCORPORATED 1927 . �ORtpp 2001 TO: Honorable Mayor, Vice Mayor DATE: November 4, 2003 & City Commission FROM; Maria V. Davis AGENDA ITEM No. City Manager f RE: Special Bulk Trash Pick -up Ordinance Amendment to Sections 11 -21 ( C ) & 11 -23 ` (A) of the Code of Ordinances ORDINANCE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE; AMENDING SECTION 11 -21 (C); AND 11 -23 (A) OF THE CODE OF ORDINANCES ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION" AND "REFUSE COLLECTION FEE SCHEDULE" RESPECTIVELY, AMENDING SPECIAL PICK -UP SERVICES FOR BULK TRASH; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE BACKGROUND &,ANALYSIS: This ordinance was revised on February 4, 2003 with the intent to establish Special Bulk Trash pick -up services for appliances, furniture and other goods prohibited from landfill. So far, the Special Bulk Trash pick -up program has been working well with appliances. The City picks -up and disposes appliances at resident's request, with 'a fee of $50 per appliance. Residents also have the option of calling private contractors for the pick -up services. The furniture pick -up program, on the other hand, has created several challenges, to include: ❑ Residents placing furniture on the curbside without calling for pick -up. ❑ Since private contractors (for service without fee) do not provide furniture pick- up services, it makes it costly for residents to pay the city for furniture pick -up and disposal. As a result, furniture is `illegally dumped along curbsides throughout the city. ❑ Enforcing the code for furniture left along the curbside illegally becomes more expensive than the special service fee and the City's expense for disposal. With these challenges, it is not cost effective to continue the special bulk pickup service for furniture. Especially, since the City had only sixteen pickup services for a total of $800 since the program started in February. As a result, it is recommended that "furniture" be deleted from items listed as Special Bulk Trash. If approved, furniture will be picked -up and disposed of as part of regular trash pickup, at no additional cost to residents. The cost of this additional service may increase tipping fees by an estimated amount of $6,000. Page 2 of 2 Special Bulk Trash Nov. 4, 2003 RECOMMENDATION: It is recommended that the City Commission approve the ordinance. ATTACHMENTS: ❑ Proposed ordinance ❑ Current Ordinance number 02 -03 -1786 1 2 3 ORDINANCE NO. ' 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SOLID 7 WASTE; AMENDING SECTION 11 -21 (C); AND 11 -23 (A) OF THE 8 CODE OF ORDINANCES ENTITLED "EXTENT OF SERVICE AND 9 POINTS OF COLLECTION" AND "REFUSE COLLECTION FEE 10 SCHEDULE" RESPECTIVELY, AMENDING SPECIAL PICK -UP 11 SERVICES FOR BULK TRASH; PROVIDING FOR 12 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN 13 EFFECTIVE DATE 14 15 16 WHEREAS, the City of South Miami maintains a Public Works Department that oversees collection 17 services in regard to refuse and garbage collection in the City; and; 18, 19 WHEREAS, the City Commission wishes to amend Sections 11 -21 (c) and 11 -23 (a) of Chapter 20 Eleven of the Code of Ordinances to revise scope of Special Bulk Trash pick -up services: 21 22 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA: 24 25 M Section 1. That Section 11 -21 (c) of Chapter Eleven of the Code of Ordinances is hereby 27 amended as follows: 28 29 Sec. 11- 21Extent of Service and Points of Collection. 30 - 31 (c)' Other domestic trash. Domestic trash that cannot be containerized or bundled shall be neatly 32 stacked or placed at the curb in front of the owner's property for special mechanized collection at the 33 convenience of the City. Domestic trash exceeding the maximum, allowable volume may be picked up at an 34 extra cost to the owner of the premises as set forth in section 11 -23 of this chapter. Pick -up services for the 35 City's Public Works Department shall provide Special Bulk Trash. Special Bulk Trash shall be defined as 36 Refrigerator, Stove, ,Air Conditioner, Washer, Dryer, Microwaves, Water Heater, Paint cans, Fufnituf and 37 other Goods designated by the City Manger or Public Works Director. Property owners and residents shall 38 contact the Public Works Department to arrange for special pick -up services' before placing special bulk trash at 39 curbside. 40 41 42 43 44 45 46 47 48 49 50 51 52 (c -1) Property owners or residents of property have two options for the disposal of Special Bulk Trash: (a) Special Bulk Trash can be picked up by City at an extra cost to the owner or resident of the property as set forth in section 1' 1 -23 of this chapter. (b) Property owners can use the services of a private contractor for the disposal of such items. However, property owners or residents of the property shall notify the Public Works Department of the option selected and the Public Works Department shall specify the date to place trash out for private' contractors to pick -up. Additions shown by underlining and deletions shown by eveFo . �s=nk4as M"M MR 1 2 Sec. 11 -23 Refuse Collection Fee Schedule 3 4 (a) Domestic garbage and domestic trash 5 6 4 Each Special Bulk Trash pick- up ......................... ............................... ..$50.00 7 8 Section 2. If any section, 'clause, - sentence, or phrase of this ordinance is for any reason held 9 invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity 10 of the remaining portions of this ordinance. 11 12 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance 13 are repealed. 14 15 Section 4. This ordinance shall become effective immediately after adoption hereof. 16 17 18 PASSED AND ADOPTED this day of , 2003. 19 20 21 APPROVED: ATTEST' 22 23 24 MAYOR CITY CLERK 25 26 1st Reading 27 2nd Reading 28 29 30 31 READ AND APPROVED AS TO FORM COMMISSION VOTE: 32 Mayor Feliu: 33 Vice Mayor Russell: 34 Commissioner Wiscombe: 35 CITY ATTORNEY Commissioner Bethel 36 Commissioner McCrea: Additions shown by underlining and deletions shown by everstfik4ag IMF ORDINANCE NO. 02 -03 -1786 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO SOLID WASTE; AMENDING SECTION 11 -21 (C) AND 11 -23 (A) OF THE CODE OF ORDINANCES ENTITLED "EXTENT OF SERVICE AND POINTS OF COLLECTION" AND "REFUSE COLLECTION FEE SCHEDULE" RESPECTIVELY, ADDING SPECIAL PICK -UP SERVICES FOR SPECIAL BULK TRASH; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. WHEREAS, the City of South Miami maintains a Public Works Department that oversees collection services in regard to refuse and garbage collection in the City, and; WHEREAS, the City Commission wishes to amend Sections 11 -21 (c) and 11 -23 (a) of Chapter Eleven of the Code of Ordinances to provide for pick-up services for Special Bulk Trash and for proper fees being paid to the City for services provided. NOW THEREFORE, be it RESOLVED by the MAYOR AND CITY COMMISION of the CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 11 -21 (c) of Chapter Eleven of the Code of Ordinances is hereby amended as follows: Sec. 11- 21Extent of Service and Points of Collection. (c) Other domestic trash. Domestic trash that cannot be containerized or bundled shall.be neatly stacked` or placed at the curb in front of the owner's property for special mechanized collection at the convenience of the city. Domestic trash exceeding the maximum allowable volume may be picked up at extra cost to the owner of the premises as set forth in section 11 -23 of this chapter. Pick -up services for the City's Public Works Department shall provide Special Bulk Trash Special Bulk Trash shall be defined as Refrigerator Stove Air Conditioner, Washer, Drver, Microwaves Water Heater Paint cans Furniture and other Goods designated ted b City 'Manger or Public Works Director. Property owners and residents shall contact *the Public Works Department to arrange for special pick-up services before placing special bulk trash at curbside (c -l) Property owners or residents of property have two options for the disposal of Special Bulk Trash' (a) Special Bulk Trash can be picked' up the City at extra cost to the owner or resident of the property as set forth in section 11 -23 of this chapter (b) `Property owners can use the services of a <private contractor for the disposal of such items However, property owners or residents of the property shall notify Public Works Department of the option selected and Public Works Department shall specify date to place trash out for private contractors to pick -up. Additions shown by underlining and deletions shown by evefst6k4 g Sec. 11 -23 Refuse Collection Fee Schedule (a) Domestic garbage and domestic trash 4 Each Special Bulk Trash pick- up ............ ................. .:..................... ....... $50.00 Section 2. If any section, i clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall become effective immediately after adoption hereof. PASSED AND ADOPTED this 4TH day of February, 2003. APPROVED: ATTEST: MAYOR OLERK - I" heading - 1/7/03 2 "a Reading - 2/4/03 READ AND APPROVED AS TO FORM COMMISSION VOTE: 4 -1 Mayor Feliu: Yea Vice Mayor Russell; Yea Commissioner Wiscombe: Yea CITY ATTORNEY Commissioner Bethel: Yea Commissioner McCrea: Nay Additions` shown by underiininu and deletions shown by ever-striking. �E= f..s.°x. .'�B� - .:.�,^.- ..�.,ii�.,- mom.,:• -ss, - _ e,�= �,� . , �^;.y�,,. 3TMt. ,. � _ �4"::�. r�',.#''^�,*� ,mss , �. a ;,*: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,,5unday and Legal Holidaysu Miami, Miami -Dade County, Florida STATE OF FLORIDAk COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared.. i s tub ¢ s t d a t b r O.V. FERBEYRE, who on oath says that he or she is the v1'F1(d� SOT MIAMI�r <,¢, SUPERVISOR, Legal Notices of the Miami Dail Business Review f /k/a Miami Review, a daily (except Saturday, Sunday TM ' o�F1 P..�z twia . d�a and !_Anal Ha! ?days) , newSp2par, nitbllsi7etl at Miami in tvlia.mi Dade is a , ; r , r , 1 , County, Florida; that the attached copy of advertisement, :' S RtOTICE I Hf =REBY gruI that theCty Carrirnrssioriof the Crty of being a Legal Advertisement of Notice in the matter of Shut(iJtiamrFalda�rrllrcandut auilrcHeanrfig during a�iegular Glty i Cofibm"isston? eefrng iuesctay Nouerriber 4 2003,begtnnrng at 730 P., rn theCry)ammrssrorrCtiarnbers 61SunsetDnue to Ggnsitler 2nd R� d ;af therfotla nng tlescr "rbett inan TVN rY CITY OF SOUTH MIAMI - PUBLIC HEARING- 11/4/03, VNINy 1K ORDINANCE PERMIT FEE SCHEDULE, ETC, AN OF[(N�gNE „OFTFE'�AY� kI�JDt- ITYFCOiN(MISION *� 'OF THE G1T�OF BOIJTH MIaM1; C ORIb R L 1T1�IG T17> ` in the XXXX Court, THE PE;RMtFEESCHEQULE 'AM�NQING ORDINANCE , was published in said newspaper in the issues of 1490��AS AMENdEDi HY QRQINANGESsCr92 1501, r r iT921�5 '�2A�;109�5'�5�83��'r'#8 991692,:.,2a��00 i;7w3�,�,32 07 "� 3 10/24/2003 1753; ND 1�Q2 1782INODERTOIJtJSxTFIFEE FOR x + ' ��r RES” ltR�N�( �UTQO( �R;; SE '/}TIN�'"�PROVID'�IC�C,FORSEY r',� ` iERABIL1T�l�,� ORC t�NAN�ES,tr,IN�CON,F�IGT,Y;AND ��pN,` + i r; sti EFFEG't� ERATB`s, iskiasP aa»r.;�- r/'dm,- r<t.�.��re'vYA.4 r I: Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has Mx �pN ORiiINrAIUCE O TI1E MaAY� 1�ID �T 01V IVA1SS1f�N ? O1�THE �ITXS011i N�tAMILQR[DA RELATIN$Ga`oi0� heretofore been continuously published in said Miami -Dade County, , ,,siSOi FppSTE, AMENDNGSECTION1�`2(G)`ANE�1123 Florida, each day (except Saturday, Sunday and Legal Holidays) A`OFTNECOEM'�C3 NCES B[T TLED E)fTENT CiRDINA and has been entered as second class mail matter at the postOF ;EICEANO}'OINTSgFCOLJ TEC710N'AND' office in Miami in said Miami -Dade County, Florida, fora 'REFU$EGLCEC �ItFEE "SCFtEbCERESPEGGIUF_LY „t period of one year next preceding the first publication of the AMEN INISPEGI L�,ICiC ,i�P"�SE1lGE nF6ULKt attached copy of advertisement; and affiant further says that he or TRASH�PRQVIDIN�F'O SE1f iA81Lt IT1E OE QII NGE IN, she has neither paid nor promised any person, firm or corporation GONFLfC1l,ANQ/ N” FEE(:Ti1fEl}AT ` � r* ` $, any discount rebate, co sion or refund for the purpose aSaid 4rdmacescanr bens`otedin tie ry rkOffrce; AA'on` ay of: his ad !semen for ublication in the said ne P r w wSp er' p FntaUnng�lw9fflcehdu� k ts` "i' Irtgwnea co`neermngtfira�„rtern,�tyhoul�d ,pe"/d�recYed'�to t�e�P�attnrng Swor to and ub ribed before 2 1 da of OBER 2 03 Pursuan`f ta,Floaartla tatutes 2H6t0atheCtty herey advisesthe puliHdha# rf a persa dec de.�aap eaI yeersranyrnatle b thl Board, (SEAL) Agerrcyor, ivommrssronwfhr�spect ;taayrhat�er sttlereat #sl O.V. FERBEYRE pers LLERm NA me trng Rr /h am g I a� sh v l need�rec rc of i e uec ings and OCR OF ELORMA that farsuch purrppse,fje4fetl,persorumayane� taiensre that q verl��ttmF Commi tOty NO, 9129 =record o t�e�p�oce�dm ors l��de which record incC�des�the #esttmo�y� MY COMMIS ION EXP. iE'23,2004 and'�idence rpio whle the appeal is to be tas2d yQ3� 66[ 05156M ;. m..,-' r- �c��..' ry '97€"R...;*...�:`..�,Cdv�s.,. .;i✓'''*e #1:.zt; o� SOUTy CITY OF SOUTH MIAMI South Miami �q pH.proericagily Inter - office Memorandum INCORPORATES ' 1927 . O'gtO A 2001 TO: Honorable Mayor, Vice Mayor DATE: November 4, 2003 & City Commission e FROM: Maria V. Davis AGENDA ITEM NoJ7 City Manager 16041� RE: Authorizing the City Manager to issue notices to residents about tree trimming program RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO DIRECTING THE CITY MANAGER TO ISSUE NOTICES TO RESIDENTS ABOUT TREE TRIMMING IN THE CITY SWALES; PROVIDING FOR AN EFFECTIVE DATE BACKGROUND & ANALYSIS As part of the City's landscaping maintenance program, the Public Works Department has identified trees to be "maintained citywide. The maintenance. includes trimming/pruning of most of the trees and some are to be removed. In an effort to maintain communication with our residents, it has been suggested to send out notices to residents before tree maintenance (trimming or pruning or removal) commences along any street. As a result, the Public Works Department has prepared the attached notice, as a sample notice, that will be distributed to ' the residents following approval of the resolution. RECOMMENDATION It is recommended that the City Commission approve the resolution. Attachments: ❑ Resolution Li Copy of proposed notice to residents 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 5 SOUTH MIAMI, FLORIDA, RELATING TO DIRECTING THE CITY MANAGER TO 6 ISSUE NOTICES TO RESIDENTS ABOUT TREE TRIMMING IN CITY SWALES; 7 PROVIDING FOR AN EFFECTIVE DATE 8 9 10 WHEREAS, the Mayor and City Commission wishes to provide proper 11 communication on tree maintenance between the City' administration and the residents; and 12 13 WHEREAS, effective immediately, City staff are required to issue notice to residents 14 before maintaining trees within the City's right -of -way, and; - 15 16 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 17 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 18 19 Section 1: That the Mayor and City Commission authorize the City Manager to 20 -issue notices to residents about tree trimming program scheduled before maintenance 21 commences' 22 23 Section 2: This resolution shall be effective immediately. 24 25 PASSED AND ADOPTED this day of , 2003. 26 27 28 ATTEST. 29 30 31 City Clerk Horace G. Feliu, Mayor 32 33 34 READ AND APPROVED AS TO FORM: Commission Vote: 35 Mayor Feliu: 36 Vice Mayor Russell: 37 Commissioner Bethel: 38 CITY ATTORNEY Commissioner Wiscombe: 39 Commissioner McCrea: SOUTH City of INCORPORATED 1827 SOUTH MIAMI toR,v�' Public Works Department 4795 S. W. 75th Avenue Miami, Florida 33155 NOTICE (Tree Maintenance Program) Date: As part of our Tree Maintenance Program, Tree (trimming) (pruning) (removal) is scheduled for your area. The tree maintenance is scheduled within the following streets: If you have any questions, please call the Public Works Department at (305) 663 -6350 Ours hours of operation are from 7:00 AM to 5:00 PM 1 SO U 7,� South Miami H PII- AmedcaClly U INCORPORATED 1927' Q R h► 2001 City of South Miami To: Honorable Mayor, Vice Mayor & Date: November 4,2003 City Commission ITEM NO. 47 From: Maria V. Davis l) RE: Off -Site Parking Lease City Manager 5820 SW 40 Str. RESOLUTION A RESOLUTION OF THE MAYOR AND CITY COMMISSION, OF THE CITY OF SOUTH MIAMI, FLORIDA, IMPLEMENTING PROVISIONS OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY APPROVING A PARKING LOT LEASE BETWEEN BMS CORPORATION AND WACHOVIA BANK WHEREBY WACHOVIA BANK WILL PROVIDE SIX PARKING SPACES TO ' BMS CORPORATION IN ORDER TO SATISFY REQUIRED PARKING FOR A USE LOCATED AT 5820 SW 40th STREET; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF REQUEST A request has been received from Banking Mortgage Services Company (BMS) to approve their long term lease of six off- -site parking spaces from a neighboring property Wachovia Bank. The City's Land Development Code (Sec. 20- 4.4(F)(2) (attached) allows required parking to be off- -site as long as it is within 1000 feet of the use being served. The use needing to have off - site parking must execute a legal document with the owner of the property providing the parking spaces, and that document has to be in form and substance satisfactory to the City Attorney and City Commission. 'In June, 2003 the City Commission modified this section of the LDC to specify that the executed legal document could be an "covenant, an easement, or a long -term lease ". This is the first time that this type of document is coming before the Commission for approval. BACKGROUND In December, 2000 the same applicant filed a LDC amendment application to permit mortgage brokerage in the "GR" zoning district, The property at 5820 SW 40 Street is in the "GW' zoning district. The City Commission approved the amendment in February, 2001. In July 2002, the applicant received ERPB approval to build a new two story building (4233 sq.ft) with the required parking spaces on the (site) property. A new Florida HRS regulation , governing required green space over and around a sewer septic tank is forcing the applicant to remove" approximately 1300 square feet of the designated parking area, thereby removing required parking spaces. (See BMS Corporation letter of October 27, 2003, attached). In order to meet this requirement without (2) redesign of the building, the applicant is proposing to use the City's off -.site parking provisions to satisfy their required parking spaces lost. PARKING LEASE AGREEMENT The applicant has submitted a °signed lease with Wachovia Bank, which is located at 5880 SW Bird Road, on the same block as the proposed mortgage company building. The Bank has surplus parking spaces. The lease provides for six spaces to be used by the applicant for employee parking, for a period of five years (at no cost). As required, the spaces are shown on the site plan of the bank, which is made part of the lease (attached), REQUIRED CITY AFFIDAVIT The City will require the applicant to also submit a sworn affidavit agreeing that the six off -site spaces must be continually provided and that mortgage company's Certificate of Occupancy, Certificate of Use and annual Occupational License will not be issued unless a valid lease is always in effect. (attached). RECOMMENDATION The Administration recommends that the proposed long term lease 'document as submitted by BMS Corporation be accepted and the attached resolution adopted subject to the following conditions: 1: The lease document be revised to include the specific number of leased parking spaces (6) in the written section of the lease; 2. The applicant be required to sign the off- -site parking affidavit as drafted by the City Attorney; 3. The applicant shall re- submit a revised / updated site plan to the City's ERPB for approval. Attachments: Applicant's request letter Draft Resolution Long term lease document Off Site Parking' Affidavit (to be executed) LDC Sec. 20- 4.4(F)(2) (Ord. No.' 11 -03 -1795) MVD /SAY EAComm Items\2003 \10- 21 -03 \CM report 5820 Bird Park Lease.doc 10/27/2003 19:12 FAX 305 445 8022 COMM.CAP.BMSCORP 02 BANKING MORTGAGE SERVICES, CORP. A -M 0. R T C A `C E L E -N: D. E A.`.. October 27, 2003 City Of South Miami Building & Zoning Departments 6130 Sunset Drive South Miami, Florida 33143 Attn: Mr. Sandy Youkills Re: 5820 SW 40 Street Commercial Capital S.F. Corp. To Whom It May Concern: The following letter is being written to clarify the need for the Off -site parking spaces being requested by Commercial Capital Corp. The HRS Department required that we provide approximately 1270 square feet of green areas for the drain' field. The drain field could not be covered nor could any tile (octagonal) be placed on top, it had to be strictly green areas. This area had to be 5 feet away from the property line and S feet away from the building's foot print. The computation of these numbers translated into 6 panting spaces and therefore the requested Off site. I_hope this will further clarify what we are doing and the reason(s) for our request. Sincerely, Arturo I Abascal 7 ;zan CVVI All fav— lAr,..— V. r....,. ?21CGT 3-05- LLe nnn� n._. e. i...��. v .. _ ...�..:.:.., r vay a V. 33155 TEL YY,7.gw, FA'X 305.000.0251 EMAfL'410ML— Vbe11800ULnet 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, IMPLEMENTING PROVISIONS OF 6 THE CITY OF SOUTH ` MIAMI LAND DEVELOPMENT CODE BY 7 APPROVING A PARKING LOT LEASE BETWEEN BMS CORPORATION 8 AND WACHOVIA, BANK WHEREBY WACHOVIA BANK WILL 9 PROVIDE SIX PARKING SPACES TO BMS CORPORATION IN ORDER 10 TO SATISFY REQUIRED PARKING FOR A USE LOCATED AT 5820 SW 11 40" STREET; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City's Land Development Code currently has regulations addressing "Off 15 Street Parking Requirements," and permits spaces located off site to be counted towards required 16 parking where certain conditions are met; and, 17 18 WHEREAS, the Sec. 20- 4.4(F)(2)(c) of the Land Development Code which pertains to off- 19 site parking arrangements, was modified in June, 2003 to specify that a covenant, an easement, 20 or a long-term lease in form and substance satisfactory to the City Attorney and City 21 Commission, could be used to provide record notice of the commitment of off - street parking 22 spaces for principal use; and 23 24 WHEREAS, a proposed - parking lot lease has been executed between BMS Corporation, 25 5820 SW 40' Street and Wachovia Bank at 5880 Bird Road, whereby six off - street parking 26 spaces will be provided to BMS Corporation in order to satisfy required parking for a use located 27 at 5820 SW 40'h Street; and 28 29 WHEREAS, the proposed parking lot long term lease and an Off -Site Parking Affidavit 30 executed by the applicant, BMS Corporation, will assure that the lease of six spaces' will be a 31 ' condition of obtaining a Certificate of Occupancy and the Certificate of Use and the annual 32 Occupational License. 33 34 35 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY 38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 39 40 Section 1. That the City Commission hereby approves the form and substance of a 41 proposed parking lot lease executed between BMS Corporation, 5820 SW 40t" Street and 42 Wachovia Bank at 5880 Bird Road, ` whereby six off- street parking spaces will be 43 provided to BMS Corporation in order to satisfy required parking for a use located at 44, 5820 SW 40' Street,' 45 46 Pagel of 2 1' 2 3 Section 2. That the BMS Corporation shall execute and submit to the City an Off -`Site 4 Parking Affidavit which provides that the continuing lease of six spaces will be a 5 condition of obtaining a Certificate of Occupancy and the Certificate of Use and the i 6 annual Occupational License: 7 8 Section 3. This resolution shall take effect immediately at the time of its passage. 9 10 11 PASSED AND ADOPTED this day of , 2003 12 13 ATTEST: APPROVED: 14 15 16 17 CITY CLERK MAYOR 18 � 19 20 21 22 23 COMMISSION VOTE: 24 READ AND APPROVED AS TO FORM: Mayor Feliu: 25 Vice Mayor Russell: 26 Commissioner Bethel: 27 Commissioner McCrea: 28 Commissioner Wiscombe: 29 CITY ATTORNEY 30 31 32 33 i 34 1 35 36 37 38 39 40 41 . 42 43' 44 45 EAComm Items \2003 \11- 4- 03 \Resol Parking Lease 5820 SW 40 St.doc j 46 47 i Page 2 of 2 i WWI PARKING LOT LEASE THIS PARKING LOT LEASE (the "Lease ") is made effective the 9p ,,day of Sept, 2003 by and between BMS Corp. ( "Tenant ") whose address for purposes hereof is 5820 SW 40t' St. S. Miami and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, ( "Landlord ") whose address for purposes hereof is c/o Corporate Real Estate, 225 Water Street, 4ffi Floor, Jacksonville, Florida 32202. WITNESSETH: Landlord hereby leases to Tenant and Tenant leases from Landlord the vehicular parking spaces ( "Premises ") as they may exist from time to time on that certain real property described on Exhibit "A" attached hereto and having a street address of 5880 Bird Rd Miami _, _Florida _33155_( "Property ") together with the right of ingress and egress to and from the Premises over, across, and upon the Property, subject always to the terms and conditions` hereof, to -wit: 1. Term. The term of this Lease shall be '5 years commencing upon _Sept 9_, 2003 (the "Commencement Date "). Each party shall have the right and option to terminate this Lease upon thirty (30) days' written notice to the other. 2. Use. The Premises shall be used by the Tenant only as a parking lot for the parking of vehicles belonging to the employees of the Tenant, and for no other purpose. Tenant shall not use or permit the use of the Premises for any purpose which is illegal or which creates a nuisance. 3. Rent. Tenant shall be under no obligation to pay rent to Landlord 4. Taxes. Landlord shall be responsible for all municipal, county or state taxes assessed on the Premises during the term of this Lease. 5. Subordination. This Lease and all rights of the Tenant' under it are and shall be subject to and subordinate to the rights of any mortgage holder now or hereafter having a lien upon the Premises or to any other encumbrances which the Landlord' desires to place upon the Premises in the future. 6. Tenant's Covenants. Tenant further covenants and agrees with the Landlord as follows: (a) to obtain at its expense any permits, licenses and approvals necessary to use the Premises as a parking lot, and to deliver to Landlord proof of the same upon request, (b) to use the Premises in a careful and proper manner for vehicular parking only; to commit or permit no waste or damage to the Premises; to conduct or permit no business or act which is a nuisance or may be in violation of any federal, state or local law or ordinance upon the Premises; and to surrender the Premises on the expiration or sooner termination of this Lease in clean condition and good repair, normal.wear and tear excepted. (c) to maintain at all times during the term of this Lease, at the Tenant's cost, a comprehensive public liability insurance policy protecting against all claims or demands that may arise or be claimed on account of the use of the Premises by the Tenant and the Tenant's employees in an amount of at least Five Million Dollars ($5,000,000.00) and naming the Landlord as an additional insured, and provide proof thereof satisfactory to Landlord. (d) to make no alternations or additions to the Premises; to erect no signage on the Premises; without the prior written consent of the Landlord. (e) to clean the Premises as needed, removing therefrom all debris, rubbish, trash, and other objects deposited thereon by anyone so that the Premises is in a neat, clean condition at all times. 7. Landlord's Covenants. Landlord covenants and agrees to warrant and defend Tenant in the enjoyment and peaceful possession of the Premises during the term of this Lease. 8. Default. If Tenant fails to pay rent when due, or fails to perform or breaches any agreement of this Lease and such failure or breach continues for three (3) days after written notice, the Landlord may terminate this Lease, whereupon the Tenant shall immediately' surrender possession of the Premises to the Landlord and the parties shall be relieved from further rights, duties and obligations hereunder. 9. Indemnity. Tenant shall indemnify and hold Landlord harmless from all claims for personal injury and/or property damage occurring in, on, or about the Premises or arising from the Tenant's use or occupancy thereof, or occasioned in whole or in part by any act or omission of the Tenant, its agents, contractors, employees, visitors, and invitees, including court costs, attorneys and paralegal fees. 10. Compliance With Laws. Landlord believes that leasing of the Premises complies with all laws, ordinances, codes and regulations applicable thereto. In the event, however, that this Lease violates any such law, ordinance, code, or regulation, and the Landlord receives written notice of such violation from a governmental body or agency having jurisdiction over the Premises, then in such event the Landlord may terminate this Lease upon written notice to the Tenant. 11. Condemnation. In the event the Premises or any portion thereof is taken by eminent domain, this Lease shall terminate as of the date of taking. 12. Governing Law. This Lease shall be governed by the laws of the State of Florida. 13. Entire Agreement. This Lease sets forth all the promises, agreements, conditions and understandings between the Landlord and Tenant relative to the Premises. No alteration, amendment, change or addition to this Lease would be binding upon Landlord or Tenant unless in writing and signed by both of them and made apart of this Lease by direct reference: 14. Successors and Assigns. The terms of this Lease shall be binding upon the successors, legal representatives and assigns of the parties hereto. 15. Notice. All notices shall be in writing and shall be deemed given when deposited in the United States certified mail, postage prepaid, (return receipt requested), or when deposited with a reputable overnight courier, such as Federal Express, addressed to the party to be notified at the address stated in this Lease, or to such other address as may be given by either party to the other in writing subsequent to the Commencement Date. 16. Waiver of Jury Trial. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding, or counterclaim brought by either of them against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises, and/or claim of injury or damage. IN WITNESS WHEREOF, Landlord and Tenant have caused this Parking Lot ase'to be executed by their authorized representatives, effecti t day and fir abo ri en 1 Signed, sealed and delivered in the presence of: Wi ess k. / nacrA By: Name (please print) Name: E lease print) §S :_ Its: Name (please print) "Tenant" Date signed: 52003 Lam-des A. QmhrA- Mw& 7,200 .Y F Bonded They Gt:kofpQ``` AU,ntie Bonding Ca, Jam. .. _. ...7 Signed, sealed and delivered in the presence of WACHOVIA SANK, NATIONAL ASSOCIATION Witness Name (please ) BY: Nam • v L. 22 ,l se pri ) ' Witn �� , t—/� Its: l JI 'C Name (please print) "Landlord" Date signed: �/1 , 2003 r) r P5 •`� , a #DD 127357 t �� Qa �tded t `+ ®•4 Parking Lot Lease form (07- 22 -03) r a � _ +s pd ." fl4�Q, a•. y�° P "Ilw � ; .a �•�:: is , ,fir:' j f6 • •• ! •.. (•fir. nA fl lu (}� o S U 4�0) t° ��.', t+.�r�I,iJ }ti�es��p._'_`° • •r .t��¢�ai6s��`y �w ;9 "o s°•:. {i�� s l s ►,mks 4 � • � .' � � �,� s �� 41, � Witt 111%, .F t+ ®J p6DB6 11706 Now 1Sdt'+ °11o1� d�ES °DE B4 =p1 -10 Planning & Zoning Department 6130 Sunset Drive South Miami, Florida 3314311 Ph: 305- 663 -6326 Fax: 305- 666 -4591 OFF -SITE PARKING AFFIDAVIT` An Occupational License approval was granted by the City of South Miami for the operation of (the "Business ") located at , South Miami, Florida (the "Building "). A ,condition of approval is that the applicant must comply with the provisions of Section 20- 4.4(F)(2)(C) of the Land Development Code ( "LDC ") governing off -site parking. do fully understand that in order to obtain a Certificate of Use, Certificate of Occupancy, or an Occupational License to operate the Business, the standards established in this agreement, as forth below, must be strictly complied with.' As the duly authorized representative of the Business, I agree to the following: I . At least off -site parking spaces, located within 1000 feet of the Business, to be used for required parking, shall be provided at all times, seven days a week, under a covenant or a long term (at least 5 years) lease; 2. Proof of lease of the required offsite parking spaces in compliance with section 20- 4.4(F)(2)(C) of the LDC, 'including a diagram depicting the location of the spaces, shall be provided to the Planning & Zoning Department of the City of South Miami The covenant or lease shall be recorded in the public records book for Miami -Dade County. If the covenant or lease expires, or is terminated, a new long term lease or covenant must be °executed for a different location in order for the Occupational License to not be revoked. The new location also must be located within 1000 feet of the Building. Further, the Business shall inform the Planning & Zoning Department and shall provide the Department with proof of the new long term parking lease or covenant, and a diagram of the location of the new ; spaces. Notice of the change of location of off- -site parking shall be provided to the Department, in writing, within 5 working days; 3. Yearly renewal of the Occupational License for the Business shall require adequate proof of sufficient off -site parking spaces under a continuing covenant or long -term lease. Adequate proof of sufficient off -site parking shall include a copy of a recorded long term off -site parking lessor covenant and an affidavit by the authorized representative of the Business affirming that the lease or covenant is currently in force; 4. The off -site parking spaces shall be striped, comply with the city's parking code, and be maintained in good condition; Planning & Zoning Department 6130 Sunset Drive South Miami, Florida 3314322 Ph: 305- 663 -6326 Fax: 305- 666 -4591 5. If at any time, the Business ceases to <provide the required off -.site parking spaces required pursuant to section 20- 4.4(F)(2)(C) of the LDC, the city may require that the Business shall cease until such time as adequate proof of compliance with off -site parking - compliance is provided to the Planning & Zoning Department; provided, however, the Building may be ; operated for some other, lawful purpose if the new use complies with the provisions of the Land Development Code, including all parking requirements, then in effect; 6. This affidavit applies to the current" Business, and any subsequent or future use which maybe located at the Building; i 7. If the City seeks enforcement of this affidavit in a court of law, the City shall be � entitled to an award of its reasonable attorney's fees and costs. AGREEMENT: The applicant agrees that the subject Business will conform to all of the standards contained herein. (Business) Date: 20 By STATE OF FLORIDA COUNTY OF MIAMI -DADS ) Subscribed and acknowledged before me by On this , day of , 20 Notarized by: —^ s' F�; ?rT.:° f2.- .. .y�'�' °+F"o5'Rx`�°fRF`.=- -K�v.' ""gb..:.,�.�`,?'il tar''�— cf'o`�i'..+F�S"V''r� �'?„.9,4.r`°'�'+�C .;i$'t�,.°iu.T� t,. .:. '":� r`y'-TY �'^f'.3`,, L"�r'� .. H' .h°: ``�, � E.:"�zr'P iS4eR;.�'N,•3R.0 Planning &`.Zoning Department =6130 Sunset Drive South Miami, Florida '3314333 Ph: 305 -663 -6326 Fax: 305 -666 -4591 (3) THIS DOCUMENT SHALL BE FILED WITH THE CITY OF SOUTH MIAMI PLANNING AND ZONING DEPARTMENT TOGETHER WITH AN APPROVED EXECUTED COVENANT, EASEMENT, OR LONG TERM PARKING LEASE. COPIES OF THESE DOCUMENTS WILL BE KEPT IN THE ADDRESS FILES OF THE PLANNING AND ZONING DEPARTMENT AND THE BUILDING DEPARTMENT AND :IN THE OCCUPATIONAL LICENSE FILES IN THE FINANCE DEPARTMENT. r 1 KAParking Off - Street \Affidavit.doc I i i i s n i i 1 3 S 1 ti 1 20 -4.4 SOUTH MLARII LAND DEVELOPMENT CODE (F). Location and Ownership of Spaces. (1) All off - street parking spaces shall be located on the same lot with the structure or use served, except as may be permitted below. (2) Spaces located off - site. (a) Off- -site parking spaces shall be permitted in RM, RO, L0, MO, NR, SR, GR, TODD, H, PR and PI districts, with the provision that if off- street parking is adjacent to residentially zoned properties and/or RO zoned properties, special use process would be applicable for approval. (b) Required off-street parking spaces may be located and maintained up to, six hundred (600) feet from a residential or institutional use served and up to one thousand (1,000) feet from a noninstitutional and nonresidential use. served. (c) Off -site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a unity of title insuring that the required parking will be provided, or as a condition of the issuance of the building permit for the principal use, the owner of the off -site parking shall record a covenant in form and substance satisfactory to the city attorney and city commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time such off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager,' after notice and hearing. - (3) Parking shall be permitted in 'yard setback areas, except in required front yard setbacks in the RO district. 1 (4) Parking of commercial vehicles of one (1) ton . or greater capacity shall not [be] permitted in all RS, RT or',RM districts. (5) Parking structures shall not be located within required yard setback areas. (6) No off - street parking space shall be located within ten (10) feet of any street ,curb or so as to permit any portion of a parked vehicle to extend across a property line. (Ord. No. 9 -99 -1683, § 4, 5 -4 -99) "Y' ORDINANCE NO. 11-03-1795 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE, AMENDING SECTION 20 -4.4 ENTITLED "OFF- STREET PARKING REQUIREMENTS," IN ORDER TO CLARIFY AND ADDRESS PROCEDURES AND CRITERIA FOR APPROVAL OF OFF -SITE PARKING COVENANTS, EASEMENTS OR LONG -TERM LEASES'; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City's Land Development Code currently has regulations addressing "Off- Street Parking Requirements," and permits spaces located off site to be counted towards required parking where certain conditions are met; and, WHEREAS, the section of the Land Development Code addressing such off -site parking arrangements specifies that a covenant in form and substance satisfactory to the City Attorney and City Commission, and, WHEREAS, the City Commission desires that the regulation be clarified to ensure that this provision may be utilized through a covenant, an easement, or a long -term lease; and WHEREAS, a public hearing regarding the proposed amendment was held by the Planning Board April 29, 2003, at which time the Planning Board voted 7 -0 to recommend approval of the proposed amendment to the City Commission; and WHEREAS, the City Commission desires to accept the recommendations of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -4.4 entitled "Off- Street Parking Requirements," of the City's Land Development Code, is hereby amended to read as follows: (F) Location and Ownership of Spaces. (2) Spaces located off - site. Page 1 of 2 T Ord. NO. 11 -03 -1795 (c) Off -'site parking spaces shall be on land either held in common ownership with the lot on which the principal use will exist under a unity of title insuring that the required parking will be provided, or as a condition of the issuance of the building permit for the principal use,'the owner of the off- -site parking shall record a covenant, easement, or long -term lease in form and substance satisfactory to the city attorney and city commission providing record notice of the commitment of that land to parking purposes for the principal use. If at any time -aueh off site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager, after notice and hearing. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be codified and included in Code of Ordinances. Section 5. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 3rd day of June 2003 ATTEST: APPROVED: CITY CLERK 1st Reading- 5/20/03 2 °d Reading- 6/ 3/ 0 3 COMMISSION VOTE: 4 -0 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Bethel: Yea 6. Commissioner McCrea: Yea Commissioner Wiscombe: not present CITY ATTORNEY NOTE: New wording in bold, underlined; wording to be removed indicated by °*__'-e t4etl KAComm'Items12003 \06- 03- 03 \LDC Amend off site parking Ordinance revised.doc Page 2 of 2 so u ry CITY OF SOUTH MIAMI South Miami o� v F INCORPORATED 1927,.. SAMMUCKY 2001 TO Honorable Mayor, Vice Mayor DATE: November 4, 2003 & City Commission FROM: Maria V. Da ' , City Manager ITEM No. RE : Resolution Pertaining to Consulting Services for Annexation RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ADKINS AND ASSOCIATES, INC. TO DEVELOP AND FACILITATE PROPER COMMUNICATION FOR ANNEXATION EFFORTS IN AN AMOUNT NOT TO EXCEED $10,000, PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS: The City has received requests from residents of several neighboring communities located in unincorporated Miami -Dade County to be annexed by the City of South Miami. In response to those requests, the City expended considerable `effort and resources to facilitate the processes. Unfortunately, the City has been unsuccessful in annexing the areas in question. In examining the City's efforts thus far, there appears to be a consistent trend of ineffective planning and communication with the public. It is my opinion that the City requires the assistance of a, professional consulting firm to assist in strategic planning and proper communications efforts. Adkins and Associates, Inc has assisted various municipalities in a variety of communication efforts. They have successfully assisted the City of Lauderdale by the Sea, the City of Dania Beach, and the City of Sarasota in annexation efforts. ' They are currently, under contract with the City of Miami, the City of Miramar, the City of Miami Springs and a number of other municipalities for various projects requiring strategic planning and communication. We will be "piggybacking" a current contract with the City of Miami. RECOMMENDATION: That the City enter into a contract with Adkins and Associates in an amount not to exceed " $10;000. Funds will be paid from the Annexation and Contingency Accounts. The Annexation Account has a fund balance of $5,000. The remaining will be taken from the Contingency Fund. Attachments 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF 4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER 5 INTO A PROFESSIONAL: SERVICES AGREEMENT WITH 'ADKINS AND 6 ASSOCIATES,, INC. TO DEVELOP AND FACILITATE PROPER 7 COMMUNICATION FOR ANNEXATION EFFORTS IN AN AMOUNT NOT TO 8 EXCEED $10, 000, PROVIDING AN EFFECTIVE DATE 9 10 WHEREAS, the City of South Miami has received requests from several neighboring 11 communities located in unincorporated Miami -Dade County to be annexed by the City of South 12 Miami, and 13 14 WHEREAS, the City has expended considerable effort and resources in the past to no avail, and 15 16 WHEREAS, the City wishes to utilize a professional consulting firm to assist in strategic 17 planning and proper communication with annexation efforts, and 18 19 WHEREAS, the firm of Adkins and Associates, °Inc. has successfully assisted various 20 municipalities with annexation and communication efforts, and 21 22 WHEREAS, the firm of Adkins and Associates competitively bid and was awarded a consulting 23' contract with the City of Miami, and 24 25 WHEREAS, the City wishe._r to ittiliz. the City of Miami's r_.nntrant with _Adkina anr� Associates - - - -- -�, 26 and 27 28;" NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 29 THE CITY OF SOUTH MIAMI: 30 31 Section 1. The City Commission hereby authorizes the City Manager to enter into a 32 Professional Services Agreement with Adkins and Associates in an amount not to exceed 33 $10,000 from the Annexation and Contingency Account structures. 34 35 Section 2. This resolution shall take effect immediately upon approval. 36 37 PASSED AND ADOPTED this day of , 2003. 38 ATTEST: APPROVED: 39 40 41 CITY CLERK MAYOR 42 - 43 Commission Vote: 44 READ AND APPROVED AS TO FORM: Mayor Feliu: 45 Vice Mayor Russell: 46 Commissioner Bethel: 47 Commissioner McCrea: 48 Commissioner Wiscombe; 49 CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ADKINS AND ASSOCIATES, INC. TO DEVELOP AND FACILITATE PROPER COMMUNICATION FOR ANNEXATION EFFORTS IN AN AMOUNT NOT TO EXCEED $10, 000, PROVIDING AN EFFECTIVE DATE WHEREAS, the City of South Miami ' has received requests from several neighboring communities located in unincorporated Miami -Dade County to be annexed by the City of South Miami, and WHEREAS, the City has expended considerable effort and resources in the past to no avail, and WHEREAS, the City wishes to utilize a professional consulting firm to assist in strategic planning and proper communication with annexation efforts, and WHEREAS, the firm of Adkins and Associates, Inc. has successfully assisted various municipalities with annexation and communication efforts, and WHEREAS, the firm of Adkins and Associates competitively bid and was awarded a consulting contrast with the City of Miami, and WHEREAS, the City wishes to utilize the City of Miami's contract with Adkins and Associates, and NOW, THEREFORE,' BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Commission hereby authorizes the City Manager to enter into a Professional Services Agreement with Adkins and Associates in an amount not to exceed $10,000 from the Annexation and Contingency Account structures. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 2003. ATTEST: APPROVED: CITY CLERK MAYOR Commission Vote: READ AND APPROVED AS TO FORM: Mayor Feliu: Vice Mayor Russell: Commissioner Bethel: Commissioner McCrea: Commissioner Wiscombe: CITY ATTORNEY 011 Mt..� ADKINS & ASSOCIATES, INC. CORPORATE & POLITICAL COMMUNICATIONS October 30, 2003 Ms. Maria Davis City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Maria: Thank you for the opportunity to work with the City of South Miami 2222 PONCE DE LEON BLVD, during its South Miami High School area annexation process. As you know, Adkins & Associates, Inca has worked successfully as part of annexation seams from other cities to expand their boundaries. Adkins 6TH FLOOR has combined our effective communication tools with grassroots knowledge to formulate a winning strategy. CORAL GABLES; FLORIDA 33134 The City's success will begin right in City Hall with the commitment of the City Commission and City staff to work together toward the annexation goal It is imperative that the City Commission and staff (305) 448 -8117 • FAX (305) 448 -8453 are included in every aspect of the process and are available to speak with or meet annexation area residents who may have questions or concerns. The City of South Miami is a dynamic municipality that has the infrastructure and potential to truly become the most desirable place in Miami -Dade County for people to live, work and play. We look forward to working with the City to craft the message that will compel a favorable vote for the inclusion of the annexation area into the City of South Miami. Sincerely, JoEllen Phillips Executive Vice President 60 PROPOSAL + �.1�� Media, Direct Mail Consulting & Production This proposal is made to the City of South Miami (Client) by ADKINS & ASSOCIATES, INC. Adkins and Associates, Inc. (Adkins). Scope of Services provided by Adkins: CORPORATE& POLITICAL 1. Serve as media and direct mail consultant to the Client COMMUNICATIONS through the May 1, 2004 annexation referendum. 2. Write, layout, design, and produce any direct mail, electronic 2222 PONCE DE LEON BLVD, media, collateral material, or print advertising at the direction of and to the satisfaction of the Client. 6TH FLOOR 3. Attend any meetings, with reasonable notice, at the call of the Client. CORAL GABLES, FLORIDA 33134 4. Obtain advance approval for all copy, scripts, layouts and production costs prior to production from a single person (305) 448 -8117 •FAX (305) 448 -8453 authorized by the Client to provide such approval. 5. Develop and execute any direct mail and /or media placement schedules in conjunction with the Client. 6. Supervise the delivery of final artwork or tapes to approved printers or media. II Compensation & Expenses: Client agrees to pay Adkins: 1. A consulting fee of five thousand dollars ($5,000.). 2. Commissions equivalent to fifteen percent (15 %) of the gross cost of any media or printing purchased. 3. Production fees for direct mail, television spots, radio spots, print ads, or any other collateral material will be quoted on a job - by -job basis. (Continued) City of South Miami Media and Direct Mail Consulting Proposal Page 2. 4. The actual costs for any custom photography, stock photography, ,pre -press film production, or other outside services necessary to production. 5. Reimbursement for any travel, telephone, fax, courier, or other out -of- pocket expenses approved by and incurred on behalf of Client. III Payment Schedule: The consulting fee is due and payable upon acceptance of this proposal. Creative fees, production costs, and general expenses will be billed as they are incurred and are payable upon receipt: Submitted By: Adkins '& A sociates, Inc. r J S. tan) Adkins President Accepted By: The City of South Miami Signature Title October , 2003 Date 2003 Production Cost Estimates Schedule Listed below are a range of estimated production costs for direct mail, print, and electronic communication. Camera Ready Art for Direct Mail: Camera Ready Art for Print Advertising TV :30(Video) TV :30 (35 mm Film) Radio :60 $ 1,250.-- 2,500. / p /pc $ 1,000-- 2,500. / p /ad $ 3,500.-- 7,500 / p /spot $ 20,000. -- Script Quote $ 1,000. -- 2,500 / p /spot NOTE: The price ranges for camera -ready art are a function of the size of the final piece or ad, the number of colors used and the complexity of design. TV and radio production costs vary based on the requirements of the script - from simple studio production to an elaborate location shoot. City of Miami PURCHASE ORDER NO: 233509 PURCHASE ORDER Show this number on all packages, invoices and shipping papers Page a No: Order Date: Bid /Contract: No: De artment of Purchasing P. O. Box 330708 Miami, Florida 33233 0708 �ij{j8 /Qj MODEL CITY TRUST (305) 416- 1900/1922 FAX {305) 416 -1925 Buyer: PAMELA BURNS, CPPB ;:Category ^'Number Telephone No. } X832 305- 448 --811 7 ' COMMUNITY DEVELOPMENT 444 SW 2ND AVENUE 2ND FLOOR `,D{ NS,& ASSOCIATES IIN'C' MIAi I, FL 33130 . ATTN jON S ADi INS ., ^•,., PONCE DE ` LEON! BLVD FLOOR ORAL GABLES FL- 33134 City of Miami Accounting Division/ Accounts Payable Department of Finance /Accts. Payable P.O. Box 3307,08 Miami, Fiorida 33233 -0708 Department Contact Person I Telephone No: Requisition No: _� �, ��I�`Y "' DE�EL'9F'�#ENT �� °; : :•. .., � . .. . .,. ,... ., , . . . 444" „Sid” 2ND AVENUE 2ND FLOOD ZASHEA WRIGHT a05- 41 — '- 5481 mrnodlty GoCode# Description Qty ' Unit Unit Price Extended Price . , ;:918 =06 DI_ANKET PURCHASE ORDER FOR 'PRO 125000.00 125000.00 FESSION:AL 'SERVICES PER RESOLUTION IIO; "02-=007 APPROVED' LAY THE MODEL CITY „HOMEOWNERSHIP DISTRICT IRUST. TO PROVIDE: "MAl KETING SERVICES AND !F`Fi ©ii }TIOi�I C) .:PLAs*l4dl{ti!i'i,:SES$I NS PURSUANT r O THfr TERki ,.I;CINDITIONS, AND f'I•, IC', 6 DF - E)( 'UTED 5.Z NTRACT FOR AN AiOLlNTF;OTTI1 E:C�EED '1�+�Q "QO IN Ft E3, F 4�.0 'fi50 x30tN:.. FiCli}UCi Ohl AND RFPfit2W T "XOH1,jIEX i`EN Ir =IS;PURCHASE ORDE IS` BEING, ISSUED BY THE PQftHA&INC ADEPT ' SOLELLY ';;Aa A MI,:CH6.1 "T"i ;`F0R MYkNT AS PURCHASING HAD IkVOLVEMENfi, IN THE ACQU11SI,TIi i+ 1 i AF' ' £t VAL SAID ,,C1F SERVICES "i xx .T_ HIS= ,kLf44hItF`1F+'ETi,:Si6ALi_... t , NOT EXCEED THIS' AMOUNT VITHQUT A AUTHORIZED CHANGE ORDER BY THE PURCHASING DEPARTMENT. THE CITY WILL NOT BE, LIABLE FOR CHARGES IN EXCESS OE' THE AMOUNT APPR VED . Tax ID or S/S No: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XXXXXxxxxxxxXXXXXXXxXxxxxxxxXXXXXXXXXXXXX Vendor Instructions 59- 3104460 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXX XX �x�CC XXXX XXX )xOX(X XXXXXX'( 3Cx'1EX�XX�XXX)FliX X 1. Florida Tax Exempt, ID #23 -08- 330880 -54c. 2. Invoices: Direct Invoices in Duplicate to the address shown Entity Type: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX above XXXXXxxxxxxxxxxxxxxxxxxxxxXXXXXXXXXXXXXXX XXXXXXxxxxxxxxxxxxxxxXXXXXXXXXXXXXXXXXXXX 3. Terms and conditions set forth in our Bid or Quotation on the Terms: (Prompt payment Discount) XXXXXXXXXXXXXXXXXXXXXXXXXXxxxxxxxXXXXXXXX reverse side hereof or incorporated herein b reference p y XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX become a part of this order. XXXXxxxxxxxxxxxXXXXXXXXXXXXXXXXXxxxxxxxXX NETuC? XXXXXXXXxxxxxxxXXXXXXXXXxxxxxxxxXXxXxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx F.O.B. DESTINATION XXxxxxxxxXXXXXXXXXXXXXXXXXXXXXxxxxxxxXxxx XXXXXXXXXXXXXXXXXXxXXXXXXXXXXXXXXXXXXXXxxx Unless Otherwise Specified No: Purchase Order xxxxxxxXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX „�� t�:�509 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXX xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxixxxxx CONTINUED Delivery Date XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX City of Miami Date Approved xxxxxxxxxXXXXXXxxxxxxxxxXXXXXXXXXxxxxmxXX Distribution: White Vendor Green Accounts Payable Canary Purchasing Dept. Pink Requesting Dept.Goldenrod Receiving Record. IIAM City of Miami ORDER NO PURCHASE : 233509 ' PURCHASE ORDER Show this number on all packages, invoices and shipping papers Department of Purchasing Page No: Order Date: Bid /Contract: No'. P. O. Box 330708 Miami , °Florida 33233 -0708 2 5/08/03 MODEL CITY CRUST (305) 416. 1900/1922 FAX (305) 416 -1925 Buyer: =4Category Number: Telephone No. PAMELA BURNS, CPPB r !_" 35329 345- 448 -8117 COMMUNITY DEVELOPMENT 444 SW LND AVENUE. 2ND FLOOD. � AS S0 IATES, INC MIAMI a FL 3313 .XTWS Ifs[ �70�1 S ,ADKINS .r 2222 PONCE DE LEON BLVD ``" 1,itw "; °FLOOR ORAL G0LES FL 33134 City of Miami Accounting Division / Accounts Payable DepartmiBntof,Finance /Accts. Payable' P.O.Box,330708 xs. Miami, Florida 33233 -0708 Department Contact Person Telephone No: Requisition No: 4 s ND AIENUE,_2ND FLOOR BASHEA WRIGHT 305- 416- 2191' 'CD -3- 54381 `Commodity ; + Description Qty. ` Unit Unit Price Extended Price . Codef =r 999 --99 $50=;000, 00 IN PRODUCTION AND RE— ` 1 50000.00 0.00 "`PRODUCTION ivXPENSES 'PER YEAR. f... a a TOTAL:, _+, 1 :5000, 00 6 a r t ti ac. Vendor Instructions Tax ID or S/S No: XXXXXXXXXXXX XXX X X X X XXX X XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx 59- 3104460 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XXXXXXRRx X XXXXXX �*lWX 1. Florida Tax Exempt ID #23 -08- 330380 -54c. 2• invoices: Direct invoices in Duplicate to the address shown Entity Type: XXXXXX ' XX X xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx above XxxxXxxxxxxxxxxxxxxxxxxxXXxxxxxxxXXXXXXXx 3. Terms and conditions set forth in our Bid or Quotation on the Terms: (Prompt payment Discount) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX reverse side hereof or incorporated herein by reference XXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX become a part of this order. .+'ETaO xxxxxxxxxxxxxxxxXxxXXXXXXXXXXXXXXXXXXXXXX xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ' j ; xxxxxxxxxxxXXXXXXXXXXx xXxxxxxxXXXXXxxxxxx F.O.B. DESTINATION xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Unless Ot a 'se Specified Purchase Order No: XXX XXXXxxxxxxxxxxXxxxxxxxxXXXXXXXXXXXXXXX xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 1 ,» 5119 2-33569- XXXXXXXXxxX cXXXXXXXXxXxxxxXXxXxXxxXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX a Deiive Date ry xxxxxxxxxxxxxxxxxxxxxxXxxxxxxxxxxxxxxxxxx = XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx City of Miami DatehApproved i C FN/PC 506 Rev. 7/97 Distribution: White Vendor Green Accounts Payable Canary Purchasing Dept. Pink Requesting Dept.Goldenrod Receiving Record. ,i PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this ,off day of 2002, as of, by and between the City of Miami, a municipal corporation of the State of Flori a ( "City ") and Adkins & Associates, Inc., a State of Florida corporation ("Provider"). RECITALS A. The City has selected Provider based on its prior experience and participation in the communicating messages of municipal governments'. B. The Commission of the City of Miami, by Resolution No. 01 -160, adopted on ' February 15, 2001, approved the selection of Provider and authorized the City Manager to execute a contract, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into. and made a part of this Agreement. 2. TERM: This Agreement shall be for a term not to exceed six months with three' six- month options to renw. Kathy C. Harris Consulting 031401 1 K No. #0100225 = ROD a r - �'�',:r."'i ;.,. -, «,,.- „eh- :,�k'3:: rx, sc�'. .r• _'^gc:.,�es;,°rr 3. SCOPE OF SERVICE: 1. Provider agrees to provide the services as specifically described, and under the special terms and conditions `set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. 2. Provider represents and warrants to the City that Provider: (i) possesses all qualifications, licenses and expertise required under the competitive negotiation requirements for the perforn^lan of the services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permit fees, and occupational licenses, nor in the performance of any obligations to the City, (iii) is and shall be, at all times during the term hereof, fully qualified and trained to perform the services; and (iv) the services will be performed in the manner " described in Attachment "A." 4. COMPENSATION: The amount of compensation payable by the City to Provider shall not exceed $50,000. Provider's services shall be billed at the rates set forth in Attachment "B." Provider shall bill City monthly with a detailed invoice reflecting the services provided in the prior month: S. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this property A reement is and shall at all times remain the of the City. Provider agrees not to use Agreement _ any such information, document, report or material for any other purpQ!et` ithout the written consent of City, which may be withheld or conditioned by the City in its sole discretion. Kathy C. Harris Consulting 031401 2 K No. #0100225• - ROD �:.,.�s - x, , ;°c.�°,,`;r�.- �-..:a�';�t�"*;z"-°"',,': � . r- -.,s„ , n-��. ;�°s„r, _ �r��,�, >. �- - r�s+„- -�-u,. �"`r"", `��%v, ,°a;, =;#:'� r,. , . �,,. �•m h 6. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years fo llowino the date of final payment by the City to Provider tinder this', Agreement, audit, or cause to be audited, those books and records of Provider which are related to Provider's performance Linder this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement: B. The City nay, at reasonable times during the term hereof, inspect Provider's facilities and perform such tests as the City deems reasonably necessary to determine whether the goods or services required to be provided by Provider tinder this Agreement conform to the terms ' hereof. Provider shall snake available to the City all applicable facilities, at a reasonable time and will assist with the facilitation of any tests or inspections by City representatives. All tests and inspections shall be subject to, and conducted in accordance with, the provisions of Section 18 -55.2 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. 7. AWARD OF AGREEMENT: Provider represents and warrants to the City that Provider has not employed or retained any ,person or companyemployed by the City to solicit or secure this Agreement and that Provider has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, thvaward of this Agreement. 8. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to this Agreement, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public Kathy C. Harz is; Consulting 031401 3 K No. 40100225`- ROD to all documents subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, and record keeping. Cicy a>,d. Provider agree to comply witli and observe all applicable laws, codes and ordinances as they may be amended from time to time`. 10. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities ") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities ") 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 non - performance of the services contemplated by this Agreement which is, in whole or in part, by any act, omission, default or gross negligence' or the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. 11. DEFAULT: If Provider fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, them Provider shall be in default. Upon the occurrence of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Provider for the period during which Kathy C. Harris Consulting 031401 4 K No. #0100225 - ROD e -»'�'� 'c ern+. mss«' � , , , '�<.° -�" ^^� ,--s �'�;,�r"w, :?.�°, �, �'., ; +a-vs ",�"r`� =-� ;flt?n � , �� A•�, .� Y , 7> e�°? ��''�"", tom. a° .. , , Provider was in default shall be immediately returned to the City. Provider understands and agrees that termination of this Agreement under this section shall not release Provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to commence performance of the services within the time provided or contemplated herein, then. in addition to the foregoing, Provider shall be liable to the City for expenses incurred as a result of the non - performance including all costs and expenses incurred by the City in the re- prvcurctnent of services, including consecluential and incidental damages. 12. RESOLUTION OF CONTRACT DISPUTES Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his /her resolution, prior to Provider being entitled to seek judicial relief in connection therewith.' In the event that the amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless; (i) Provider has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $4,500; or (ii) a period of thirty (30) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (60 days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 13. CITY'S TERMINATION RIGHTS: i A. Either party shall have the right to terminate this Agreement at any time with thirty (30) days written notice. In such event, the City shall pay to Provider compensation for Services rendered and City - approved` expenses incurred prior to the effective date of termination. Kathy C. Harris Consulting 031401 5 K No: #0100225 - ROD i In no event shall the City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages: B. The City shall have the right to terminate this Agreement, upon the occurrence of an event of default hereunder in the event that Provider fails to cure a default within 30 days of receiving notice of the default. In such event, the City shall not be obligated to pay, any amounts to Provider for any period during which Provider was in default and Provider shall reimburse to the City a' 11--amounts received for any period during which Provider was in default under this Agreement. 14. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as may be required by the City. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. 15. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no _discrimination i in connection with Provider's performance under this Aggeement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion,:; age, Kathy C. Harris Consulting 031401 6' K No. #0100225 '- ROD ? — _'" , , , e.r- °,�;',-; handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 16. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City Manager's sole discretion. 17. NOTICES: All notices or other communications required under this Agreement shall be - in writing a id shall be given by hand - delivery or by-registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a; party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: TO THE CITY: Jon S. Adkins Carlos A. Gimenez President City Manager Adkins & Associates, Inc. 444 SW'2 "d Avenue 2222 Ponce de Leon Blvd. 10`n Floor 6`n Floor Miami, FL 33130 Coral Gables, FL 33134 x AND Alejandro Vilarello City Attorney 444 SW 2nd Avenue` 91h Floor Miami, FL 33130 18. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Kathy C. Harris Consulting 031401 K No #0100225 - ROD + B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agregmen. ,be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. I . This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 2. City recognizes that Provider, and its personnel, are engaged in other business activities, and City, accordingly, agrees that Provider reserves the right to reasonably limit its availability to perform services pursuant to this Agreement. In addition, association between City and Provider pursuant to this Agreement shall not, in the absence of a conflict of interest, preclude Provider from pursuing other business interests or activities. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. Kathy C. Harris Consulting 031401 K No. #0100225 - ROD �?4 „'�^.. ,.,.- „a...y. x., r, .,,” ;= s-, s`5`�- .�;'�s-- �,�°;;�'�""��- ,,.,•,ter —�., .-�.rr.�,' ..., r, �":�''�'.. '.; ,v- `'..°, .,,A,P`"'.,'sfi= *r�4,t � ° =FS 1a—r"�,�?.;,r. .,.z�, ._,_^s '3�'"�';`"r",^b# -. ..:h� 20. INDEPENDENT CONTRACTOR' Provider has been procured and is being engaged to provide services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or ` benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider, and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and /or change in regulations, upon thirty (30) days notice. 22. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date, Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 23. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. Kathy C. Harris Consulting 031401 9 K No: #0100225 - ROD EXHIBIT A SCOPE OF SERVICES As the pilot project for the City's revitalization as reflected in the City's Five Year Consolidated Plan, the Model City Homeownership Zone has tremendous potential for transforming the experience of a neglected neighborhood of the City of Miami. This effort's success will rely, in part, on an aggressive marketing campaign that keeps the affected community informed of the plans and the progress, generates the needed funding to ensure the project is realized at the level it is envisioned, and reinforces the commitment of the elected and appointed officials of the City of Miami. To that end, the City seeks the following: 1. Multimedia presentation of 8 -10 minutes: Adkins will write, produce and deliver to the City one (1) master multi -media presentation that will be a substantive business piece that defines the scope of The Miami Plan. I This will incorporate the historical significance of the area as well as the City's plans for the future. This is envisioned as a narrated' piece that the City will use for a variety of presentations. 2. An 8 -page Brochure: Adkins will design, write, layout and deliver to the City two (2) pre -press final mockups of the brochure. This piece will have few words but many pictures that reflect the City's mission, the structure of the governing body ("The Model City Homeownership Trust "), and the role of the commission. The costs for printing or any custom or licensed stock photography are not included in scope of this contract, but can be quoted separately or subcontracted at the direction' of the City: 3 A business card CD (3 -5 Minutes): Adkins will write, design, produce and deliver to the City one (1) master CD -ROM file prepared for mass reproduction. This piece will be targeted toward potential investors and will focus on the physical, financial and unique marketing features associated with the project. The cost of reproducing the CD -ROMS is not included in the scope of this contract, but can be quoted;! separately or subcontracted at the direction of the City. 4. Logo Development: Adkins will design and provide to the City ' final logo treatments in color, and blaclenand white for use on banners, letterhead, envelopes, or any other materials deemed necessary by the City for this project. 5. Other assignments: Adkins will be available for marketing and communication consultation or perform other assignments as deemed necessary by the Director of Community Development.` Kathy C. Harris Consulting 031401 ` 1 K No. #0100225 ROD ATTACHMENT B 'JJ�JJJ� PROPOSAL Made December 10, 2001 to the City of Miami Department of Community Development (City) by Adkins and Associates, Inc. ADKINS &ASSOCIATES INC (Adkins): Section 1. Services To Be Performed. CORPORATE & POLITICAL a. Marketing and General Consulting Services. Adkins will, in conjunction with the City, develop a strategic marketing plan to fulfill CcMti�UN1CATr�NS the communication objectives detailed in the 1999 -2004 City of Miami Consolidated Plan and will attend any meetings, with reasonable notice, at the call of the City to provide ongoing, strategic and - 22?2 PONCE DE LEON BLVD communications consultation. b. Creative Services. Adkins will develop, to the satisfaction of 6TH FLOOR the City, creative concepts and copy for any print, broadcast, video, direct mail or collateral material required by the City. CORAL GABLES, FLORIDA 33134 c. Production of Materials. Adkins will, at the direction of the City, supervise the production of any print, broadcast, video, direct mail or collateral material developed by Adkins for the City. (305) 448 -8117 r FAX (305) 448.8453 Section 2. Compensation, Payment Schedule Expenses. a. Marketing, General Consulting Services and Creative Direction. City agrees to pay Adkins, an hourly rate for the above services according to the following schedule; Marketing & General Consulting Services $200. /Hr. Creative Direction $175, /Hr. b. Production Expenses, Design, Copywriting, Video Direction and other Creative Services. ` Adkins shall provide City with an advance written` estimate of the cost for the production of any materials developed at their direction. Miscellaneous expenses such as copies, couriers, overnight services, or similar items will be billed with the monthly Creative and ...° ° Consulting Services invoices., Invoices for all services will be billed to the City on the last business day of the month during which services were rendered and are due and payable by the tenth day of the following month. { Proposal City of Miami Department of Community Development Page 2. Section 3. Indemnities. Adkins shall indemnify City and hold it harmless from and against any and all claims, liabilities, or damages arising from the preparation or presentation of any paid advertising material which may be prepared by Adkins City shall indemnify and hold Adkins harmless from and against any and all claims; liabilities, or damages arising from the use of any information or data furnished to Adkins by City. APPROVED AND ACCEPTED THIS CLAY ( 1- —12001. The City of Miami, Florida Adkins, and Asso c,ate s 1, Department of Community Development by by__ Title Title . °4, x I ADKINS+ ADKINS & ASSOCIATES, INC. A CORPORATE RESOLUTION AUTHORIZING JON S. ADKINS TO SIGN AND ENTER INTO AN AGREEMENT BETWEEN THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, AND ADKINS & ASSOCIATES, INC., A STATE OF FLORIDA CORPORATION, TO PROVIDE COMMUNICATIONS ON BEHALF OF THE CITY AS SET FORTH BY THE CITY OF MIAMI RESOLUTION NO. 01- 160. WHEREAS, the City of Miami desires to retain Adkins & Associates, Inc. as the provider for communications set forth by the City of Miami Resolution No. 01 -160; and WHEREAS, Adkins & Associates, Inc. through its prior experience and participation in communicating messages of municipal governments, is ready and able to fulfill the requirements of the City of Miami Resolution No. 01 -160; NOW THEREFORE, BE IT RESOLVED BY THE DIRECTORS OF ADKINS & ASSOCIATES, INC.: Jon S. Adkins is authorized to sign the contract with the City of Miami, PASSED AND ADOPTED this R day of January, 2002. I } Jon $. Ad ins, President Witness JoEllen Phillips, Director Witness I i I .'; v:�:: .. s .... _. r. � � , :.r.,.- , Pew'„ . ,e. '��§..�.. -� �,,,.:�e" r, � �^r—;'� ;, ,'c.saz�,�rr� ,�,.•y,-x:�� f"`" ��m'"�'.- ^''.',`. t'�,�'r��,w'�„,t,°x ;'��`�t�- r�P,- ^"`��-�.. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. «City» CITY OF MIAMI, a municipal ATTEST: corporation �".By; Walter Foem ity Clerk ' 7 os ' @' ,City Manager WITNESSES: "Provider ADKINS & ASSOCIAT INC. Print Name: Jo S. (SO Adkins, President 01 kat'd A 1 a p �a Print Name: CEISTI NA I2QU I EIZD(j APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: JANDRO VIL RELLO MARIO SOLDEVILLA ty Attorney Administrator Risk Management Kathy C. Harris Consulting 031401 l K No. #0100225 - ROD i I ORDINANCE N0. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR. 5 2004 GENERAL ELECTION OF THE MAYOR AND CITY 6 COMMISSIONERS FOR GROUPS, Il AND III; SCHEDULING THE 7 DAY, PLACE AND TIME OF THE ELECTION PROVIDING FOR 8 QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF 9 ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; 10 PROVIDING FOR NOTIFICATION; PROVIDING FOR 1I SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 12 DATE. 13 14 WHEREAS, Section 2.1 Article V, of the City of South Miami Charter provides 15 that the City Commission of the City of South Miami shall schedule a general election for 16 February of each even year, and that the Mayor shall be elected for a term, of two (2) 17 years and commissioners shall be elected - for terms of four (4) years at the general 18 election; and 19 20 WHEREAS, the Charter requires the City Commission of the City of South Miami 21 to schedule the day, place and time of the general election by ordinance; and 22 23 WHEREAS, state law requires election books to close thirty (30) days prior to the 24 election. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. The 2004 General Election will be held on Tuesday, February 10, 30 2004. On that date, a mayor will be elected to serve a term of two (2) years, and two (2) 31 Commissioners from Groups II and III will be elected to serve a term of four (4) years. 32 33 Section 2. The qualifying period for this election shall open Tuesday December 34 30, 2003 and close Tuesday, January 6, 2004, precisely at 5:00 p.m. Candidates shall 35 qualify at the office of the Citv Cleric, 6130 Sunset Drive. South Miami. Florida. 36 37 Section 3. Voting shall be conducted at City Hall in the City Commission 38 Chambers, 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 39 7:00 a.m., and close precisely at 7:00 p.m: 40 41 Section 4. The official ballot for the 2004 general election is annexed to this 42 ordinance. 43 Additions shown by ui derlinin and deletions shown by ever-striking. l Section 5. The election books shall close Monday, January 12, 2004. 2 3 Section 6. The City Clerk shall publish notice of such general election once a 4 week for four consecutive weeks neat preceding the general election in a newspaper of 5 general circulation in South Miami. The notice shall contain the date, time, and place of 6 the general election and identify the commission groups and proposed charter revisions to 7 be voted for. 8 9 Section 7. If any section, clause, sentence, or phrase of this ordinance is for any 10 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 1 I ` shall not affect the validity of the remaining portions of this ordinance. 12 13 ` Section 8. All ordinances or parts of ordinances in conflict with the provisions 14 of this ordinance are repealed. 15 16 Section 9. This ordinance shall take effect immediately upon approved. 17 18 PASSED AND ADOPTED this day of , 2003. 19 20 ATTEST: APPROVED; -21 22 23 CITY CLERK MAYOR 24 25 1" Reading — November 4, 2003 26 2 "d Reading - November 27 COMMISSION VOTE: 28 READ AND APPROVED AS TO FORM: Mayor Feliu 29 Vice Mayor Russell: 30 Commissioner McCrea: 31 CITY ATTORNEY Conunissioner Bethel: 32 Commissioner Wiscombe: Additions shown by tit1derlinin and deletions shown by eve king I ELECTION BALLOT 2 CITY OF SOUTH MIAMI GENERAL ELECTION 3 FEBRUARY 10 2004 4 5 MAYOR'S RACE 6 There is hereby elected a Mayor for the City of South Miami to serve for a two (2) year 7 term. Vote for one (1) 8 - 9 COMMISSIONER RACE — GROUP II 10 There is hereby elected a Commissioner for the City of South Miami from Group lI to l I serve for a four (4) year term. Vote for one (1) 12 13 COMMISSIONER RACE —GROUP III 14 There is hereby elected a Commissioner for the City of South Miami from Group III to 15 serve for a four (4) year term. Vote for one (1), 16 17 18 19 20 21 22 23 The polls will be opened on Tuesday; Februaq 10, 2004 from 7;00 a.m. to 7:00 p.m., at City Hall, City Cornniission Chambers, 24 6130Sunset Drive, South N atni, FL 25 26 27 2$ 29 30 31 32' 33 34 35 J: \My Docuinents\resolutions \ordinance 2014 General Election All l 1 L04.03.doc i t i i t I Additions shown by rulderlinin and deletions shown by e„°" a REPLACEMENT ORDINANCE ITEM #20 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE YEAR 5 2004 GENERAL ELECTION FOR THE MAYOR AND CITY 6 COMMISSIONERS FOR GROUPS, II AND III AND UNEXPIRED 7 TERM FOR COMMISSIONER FOR GROUP' IV; SCHEDULING THE 8 DAY, PLACE AND TIME OF THE ELECTION; PROVIDING FOR 9 QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF 10 ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT; 11 PROVIDING FOR NOTIFICATION; PROVIDING FOR 12< SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE 13 DATE. 14 15 WHEREAS, Section 2, Article V, of the City of South Miami Charter provides 16 that the City Commission of the City of South Miami shall schedule a general election for e 17 February of each even year, and that the Mayor shall be elected for a' term of two (2) 18 years and commissioners shall be elected' for terms of four (4) years at the general 19 election; and 20 21 WHEREAS, the Charter requires the City Commission of the City of South Miami 22 to schedule the day, place and time of the general election by ordinance; and 23 24 WHEREAS, state law requires election books to close thirty (30) days prior to the 25 election. 26- 27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 29` 30 Section 1. The 2004 General Election will be held on Tuesday, February 10 31 2004. On that date, a mayor will be elected to serve a term of two (2) years, two (2) 32 Commissioners from Groups II and III will be elected to serve a term of four (4) years 33 and one (1) Commissioner from Group IV, will be elected to serve an unexpired term of 34 two (2) years. 35 36 Section 2. The qualifying period for this election shall open Tuesday December 37 30, 2003 and close Tuesday, January 6, 2004, precisely at 5:00 p.m. Candidates shall' 38 qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami, Florida. 39 40 Section 3. Voting shall be conducted at City Hall in the City Commission 41 Chambers, 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at — 42 0 a(� m, and close precisely at-7M-p.m. - -- 43 Additions shown by underlining and deletions shown by ^o v° g. 1` Section 4. The official ballot for the 2004 general election is annexed to this 2 ordinance. 3 4 Section 5. The election books shall close Monday, January 12, 2004. 5 6 Section 6. The City Clerk shall publish notice of such general election once a 7 week for four consecutive weeks next preceding the general election in a newspaper of 8 general circulation in South Miami. The notice shall contain the date, time, and place of 9 the general election and identify the commission groups and proposed charter revisions to 10 be voted for. 11 12 Section 7. If any section, clause, sentence, or phrase of this ordinance is for any 13 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 14 shall not affect the validity of the remaining portions of this ordinance. 15 16 Section 8. All ordinances or parts of ordinances in conflict with the provisions 17 of this ordinance are repealed. 18 19 Section 9. This ordinance shall take effect immediately upon approved. 20 21 PASSER AND ADOPTED this day of 2003:_ 22 23 ATTEST: APPROVED; 24 25 26 CITY CLERK MAYOR 27 28 1St Reading — November 4 2003 29 2 °d`Reading — November 30 COMMISSION VOTE: 31 READ AND APPROVED AS TO FORM: Mayor Feliu:' 32 Vice Mayor Russell: 33 Commissioner McCrea: 34 CITY ATTORNEY Commissioner Bethel: 35 Commissioner Wiscombe: Additions shown by underlining and deletions shown by evers4i l ELECTION BALLOT 2 CITY OF SOUTH MIAMI GENERAL ELECTION 3 FEBRUARY 10, 2004 4 5 MAYOR'S RACE 6 There is hereby, elected a Mayor for the City of South Miami to serve for a two (2) year 7 term. Vote for one (1) 8 9 COMMISSIONER RACE — GROUP II 10 There is hereby elected a Commissioner for the City of South Miami from Group 11 to 11 serve for a four (4) year tern. Vote for one (1) 12 13 COMMISSIONER RACE —GROUP III 14 There is hereby elected a Commissioner for the City of South Miami from Group 1II to 15 serve for a four (4) year term. Vote for one (1). 16 17 COMMISSIONER RACE —GROUP IV 18 There is hereby elected a Commissioner for the City of South Miami from Group IV to 19 serve for a two (2) year term. Vote for one (1). 20 21 22 23 24 25 26 27 The polls will be opened on Tuesday, February 10, 2004 from 7:00 a.m. to 7:00 p.m., at City Hall; City Commission Chambers, 29 6130 Sunset Drive, South Miami, FL; 30 31 32 33 34 35 36 37 38 39 J: \My Docutnents\resolutions \ordinance 2004 General Election Ait 2 11.04.03.doc Additions shown byunderlinin and deletions shown by °°v°r� I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION 4 OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 5 ELECTIONS; CREATING ELECTION FORUM; PROVIDING 6 GUIDELINES; PROVIDING FOR SEVERABILITY, 7 ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. 8 9 WHEREAS, the Mayor and City Commission of the City of South Miami 10 encourage a healthy democratic process in city elections, and 11 12 WHEREAS an informed electorate can be trusted to make the best choices 13 and; 14 15 WHEREAS, a forum for a fair and balanced examination of all candidates 16 and issues in each election cycle is a valuable asset to the city and the electorate, 17 and; 18 19 WHEREAS, the cif itself will routinely be best equipped to provide for, 20 and most widely broadcast, such a forum to the electorate, and; 21 22 WHEREAS, a sitting commission would routinely create a substantial 23 conflict of interest by involving itself in the particulars of such a forum because 24 some members of the commission will routinely be candidates in the election, and; 25 26 WHEREAS, the Mayor and City Commission intend that the city does 27 provide for a fair and balanced forum, in each election cycle, notwithstanding the 28 commission's conflict of interest-, and 29 30 WHEREAS City staff should not be involved in political activity except 31 that in this case it is appropriate in a limited, defined role to ensure occurrence of 32 and facilitate such a forum, and; 33 34 WHEREAS, provisions of such a forum is therefore best accomplished by 35 establishing the mechanism ahead of time whereby such a forum will take place at 36 each election cycle, without input from the commission, and with only limited, 37 defined' input from staff, and; 38 39 WHEREAS, the Mayor and City Commission desire to make it so. 40 Additions shown by underlining and deletions shown by everstr-ildflg. 1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 3 4 Section 1 Prior to each general and special election the city manager shall 5 solicit and select a sponsor to conduct an election forum for the examination of all 6 candidates and, or, issues, facilitate the _forum, and report to the city commission 7 his, or her, plans and action that will be taken to schedule and conduct the event. 8 9 The sponsor shall be selected solely by the city manager. The city manager 10 shall select a .sponsor that is established, non.- partisan and has adequate resources 11 to conduct the forum. By way of example, but not limitation, sponsors might' 12 include the League of women Voters, Chamber South, syndicated columnists, 13 media personalities, and political commentators, such as Michael Putney, Tom 14 Fiedler, and Dwight Lauderdale. , and educational institutions such as the 15 University of Miami or Florida International University's Metropolitan Center. 16 The sponsor shall have sole discretion over the format of the forum. It is the intent 17 of this ordinance that the forum provide a fair and balanced examination of all 18 candidates and, or issues, and that it reflecp reasonable degree of familiarity with 19 how those elective offices and, or, issues will impact the stakeholders of the city of 20 South Miami. 21 22 For the purpose of this ordinance, "forum" means whatever combination of 23 debate, ;discussion, question -and- answer, or other examination the sponsor shall 24 determine, and a reasonable format to fitlfill the intent of this ordinance. 25 26 The forum shall be conducted not less than one week, and not more than 27 three weeks before the date of the election. The "date of the election" shall not 28 include the date of the commencement of an early elect e early voting. The city 29 manager shall facilitate the forum by making the commission chambers available 30 for the event, by publicizing the event, and by broadcasting the forum on the 31 municipal cable network and on the city web site when that feature is available. 32 The forum shall be broadcast live and shall be rebroadcast at least four times a day 33 at times designed to present maximum audience exposure. The city manager shall 34 publish the date, time, place, and sponsor of the forum, and names of all candidate's 35 and, or, issues, beginning not less than two —weep one week before the event. 36 Information regarding the forum shall be publicized in city media in current active 37 use, as follows: municipal cable network (hourly), web site (home page link), news 38 letter (if published), announcements at commission meetings, posting at city hall. 39 Additions shown by underlining and deletions shown by ever- stfikiiig I Sponsors of election forums shall comply with all applicable by federal and 2 state election laws and regulations; including, but not limited to, Federal Election 3 Commission, 'Federal Communications Commission (FCC), and Internal Revenue 4 Service regulations. The city shall comply with FCC regulations regarding the 5 broadcast of the forum over the municipal cable network and the city web site. 6 The sponsor shall not support or oppose any political party, candidate or issue. 7 The sponsor shall present and conduct forums in such a way as to avoid creating 8 the impression that it favors one candidate over another, or favors or disfavors an 9 issue. No "empty chair" debates shall be permitted. 10 11 The city manager's duties shall be limited to soliciting and selecting a 12 sponsor, facilitating the event, and reporting to the city commission to demonstrate 13 that he, or she, has adequately planned and will take action to discharge his, or her 14 duties. The power of the city commission shall be limited to directing the city 15 manager to fulfill his, or her, duties under this ordinance. The city commission and 16 individual commissioners shall not direct the city manager in any way in the 17 solicitation or selection of a sponsor, or in the structure or conduct of the forum. A 18 violation of this prohibition will be considered interference by the commission or 19 by the offending commissioner. 20 21 Section 2. The city commission shall annually budget and appropriate 22 $1,000.00 for the cost of facilitating the election forum. For the 2004 election, the 23 expenditures of up to $1,000.00 shall be charge to account no. [], contingency. 24 25 Section 3. If any section, clause, sentence, or phrase of this ordinance is 26 for any reason held invalid or unconstitutional by a court of competent jurisdiction, 27 the holding shall not affect the validity of the remaining portions of this ordinance. 28 29 Section 4. All ordinances or parts of ordinances in conflict with the 30 provisions of this ordinance are repealed. 31 32 Section 5. This ordinance shall be codified and included in the Code of 33 Ordinances. 34 35 Section 6. This ordinance shall take effect immediately upon enactment. 36 37 PASSED AND ADOPTED this day of , 20_. 38 39 ATTEST: APPROVED; 40 Additions shown by gnderlinin and deletions shown by everstrilcing. 1 2 CITY CLERK MAYOR 3 4 1" Reading — 5 2,d Reading 6 7 COMMISSION VOTE: 8 READ AND APPROVED AS TO FORM Mayor Feliu: 9 Vice Mayor Russell: 10 Commissioner Wiscombe: 11 CITY ATTORNEY Commissioner Bethel: 12 Commissioner McCrea: 13 14 15 16 17 J: \My Documents\resolutions \Ordinance cheating election foruntdoc Additions shown by underlinin and deletions shown by everstr4 g. Page l Amendments to Item 18, Election forums, 21 October 2003 City Commission Meeting, City of South Miami, proposed by Comm. McCrea: Amendment 1 Page 1: Replace lines 11 through 16 with the following: "WHEREAS, the Mayor and City Commission of the ,City of South Miami encourage a healthy democratic process in city elections, and; WHEREAS, an informed electorate can be trusted to make the best choices, and; WHEREAS, a forum for a fair and balanced examination of all candidates and issues in each election cycle is a valuable asset to the city and the electorate, and; WHEREAS, the city itself will routinely be best equipped to provide for, and most widely broadcast, such a forum to the electorate, and; i WHEREAS, a sitting commission would routinely create a substantial conflict of interest by involving itself in the particulars of such a forum because some members of the commission will routinely be candidates in the election, and; WHEREAS, the Mayor and City Commission intend that the city does provide for a fair and balanced forum, in each election cycle, notwithstanding the commission's conflict of interest, and; WHEREAS, City staff should not be involved in political activity except that in this case it is appropriate in a limited, defined role to ensure occurrence of and facilitate such a forum, and; WHEREAS, provision of such a forum is therefore best accomplished r by establishing the mechanism ahead of time whereby such a forum will { take place at each election cycle, without input from the commission, and ! with only limited, defined input from staff, and; a WHEREAS, the Mayor and City Commission desire to make it so," i i Page Z Amendments to Item 18, Election forums,, 21 October 2003 City Commission Meeting, City of South Miami, proposed by Comm McCrea: Amendment 2 Page :1, Line 31: after the name, "Dwight Lauderdale," insert the following: "educational institutions such as the University of Miami or Florida International University's Metropolitan Center Amendment 3: Page 2, Line 3: after "commencement of strike the term "an early election" and replace it with " "early voting "" Line 7: add an "s" to the word "time" to read "four times a day" Line 10: after the words, "not Less than" strike the words "two weeks" and replace with "one week" to read "not less than one week before the event.,, 1 j 1 7 1 ;1L01 1 ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY 4 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, 5 RELATING TO AMENDING SECTION 2 -3 OF THE CITY OF 6 SOUTH MIAMI CODE OF ORDINANCES, ENTITLED 7 "COMPENSATION FOR COMMISSIONERS AND MAYOR — 8 ESTABLISHED" TO ALLOW FOR AN INCREASE IN 9 COMMISSIONER COMPENSATION; PROVIDING FOR 10 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS, the Mayor and City Commission of the City of South Miami seek to 14 ensure that the highest caliber candidates are attracted to serve on the City Commission; 15 and, 16 17 WHEREAS, public service is one element of offering oneself as a candidate and 18 hard work, with its commitment' of time, is another, and 19 20 WHEREAS, that commitment of time causes financial hardship to some who 21 might otherwise be willing and able public servants, causing them to refrain from 22 standing for Commission office, and 23 24 WHEREAS, the Mayor and City Commission desire to ;provide a modicum of 25 realistic financial compensation to Commission members in order to expand and enhance 26 the pool of candidates. 27 28 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI,` FLORIDA; 30 31, Section 1. That Section 2 -2.3 of the Code of Ordinances entitled 32 "Compensation for commissioners and mayor — Established" is amended as follows: 33 34 There shall be paid to the mayor of the city as annual compensation the 35 amount of $35,000.00 per year. There shall be paid` to the vice -mayor 36 Viand to each city commissioner of the city as annual` compensation 37 the amount of $30,000.00 per year. The 38 salaries to the commission and mayor shall be adjusted annually for Cost 39 Of Living (COLA) increases according to the same percentage adopted by 40 budget for the City Manager, Additionally, the ` mayor, vice - mayor, and 41 each commissioner shall receive such sums as are approved by the annual 42 budget as reimbursement for eempensatio" for sere ees and as allowable 43 expenses. Additions shown by underlining and deletions shown by ever- stFikiag .. , +•� ",.. �, >, . ,r. „n ^... � ..: i >. , ,:T,- .., , ,., '�'.. - a'�r,�, : , , ::�s'r^'^',^ �.s, ^�4, 4'i"", �€ r�.�+, .. ,;""+r�'�^N -ter �': �- „�,'�`,, .i ¢.. a �,-'t-';T rz �;h , z�r�?;�."'i{„"�.r..: w •BEd °.. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified'' and included in the Code of Ordinances. Section 5. This ordinance shall take effect 11 February 2004; provided, however, the salary provision shall be implemented at the start of FY 2004 -05.' Commission salaries shall remain unchanged until implementation. PASSED AND ADOPTED this day of November, 2003. ATTEST APPROVED: CITY CLERK MAYOR 1 St Reading 2nd Reading COMMISSION VOTE: READ AND APPROVED AS TO FORM Mayor Feliu: Vice Mayor Russell: Commissioner Wiscombe: CITY ATTORNEY Commissioner Bethel: Commissioner McCrea Additions shown by underlining and deletions shown by everstFikiag