C7H-Amend Contract Award Electric Motor Rewind And Repair Services For Public WoCOMMISSION ITEM SUMMARY
Item Summary/Recommendation :
At its December 14, 2011, meeting, the City Commission accepted the City Manager's
recommendation pertaining to the award of a contract pursuant to lnvitation to Bid (lTB) No. 10-
10111 for the repair and replacement of various types of electric motors on an as-needed basis for
the Public Works Department. Consequently, the item was passed and adopted authorizing the
Administration to execute an agreement, in the annually estimated amount of $60,000.
As a result, purchase orders have been issued up to the amount authorized by City Commission on
December 14,2011. However, the department has submitted additional purchase requestwhich
requires the authorized annual amount to be increased.
The Contract for these professional services expires in January 2016. The City intends to issue a
solicitation in anticipation of the contract expiring.
The purpose of this item is to expand the annual estimated amount of this contract to
accommodate for the Fiscal Year 201412015 expenditures.
RECOMMENDATION
ADOPT THE RESOLUTION
Adviso Board Recommendation:
Source of
Funds:
Amount Account
1 Subject to available funds in the Public Works
Department's budqet for these services.
2
OBPI Total
Financial lmpact Summary:
Clerk's Office islative Trac
n-Offs:
T:\AGENDA\201 5\F REMENT\Electric and Repair lncrease -
Summary.doc
AGETIIT}A fiEM C7 H
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING A CONTRACT AWARD PURSUANT TO TNVTTAT|ON TO BtD (tTB) NO.
10-10111 TO AMEND THE ANNUALLY ESTIMATED CONTRACT AMOUNT FOR ELECTRIC
MOTOR REWIND AND REPAIR SERVICES FOR THE PUBLIC WORKS DEPARTMENT FROM
$60,000 TO THE AMOUNT THAT IS ANNUALLY AVAILABLE IN THE PUBLIC WORKS
DEPARTMENT'S BUDGET FOR SUCH SERVICES.
lncrease Community Satisfaction with Citv Services
Data (Surveys, Environmental etc: N/A
Financial I nformation:
Alex Denis, Ext. 7490
# A*IAnAIMMCH axsx &l/-l{279
MIAMIBEACH
City of Miqmi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
TO: Mayor Phillip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR
MIAMI BEACH, FLORIDA, AMENDING A CONTRACT AWARD PURSUANT TO
INVITATTON TO BtD (tTB) NO. 10-10t11 TO AMEND THE ANNUALLY
ESTIMATED CONTRACT AMOUNT FOR ELEGTRIC MOTOR REWIND AND
REPAIR SERVICES FORTHE PUBLIC WORKS DEPARTMENT FROM $60,000
TO THE AMOUNT THAT IS ANNUALLYAVAILABLE IN THE PUBLIC WORKS
DEPARTMENT'S BUDGET FOR SUCH SERVICES.
ADMIN ISTRATION RECOMMEN DATION
Adopt the resolution.
BACKGROUND
At its December 1 4, 2011, meeting, the City Commission accepted the City Manager's
recommendation pertaining to the award of a contract pursuant to lnvitation to Bid (lTB) No.
10-10111 for the repair and replacement of various types of electric motors on an as-needed
basis for the Public Works Department. Consequently, the item was passed and adopted
authorizing the Administration to execute an agreement, in the annually estimated amount of
$60,000.
As a result, purchase orders have been issued up to the amount authorized by City
Commission on December 14,2011. However, the department has submitted additional
purchase request which requires the authorized annual amount to be increased.
The Contract for these professional services expires in January 2016. The City intends to
issue a solicitation in anticipation of the contract expiring.
The purpose of this item is to expand the annual estimated amount of this contract to
accommodate for the Fiscal Year 201412015 expenditures.
CITY MANAGER'S RECOMMENDATION
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and recommends to the Mayor and City Commission to adopt a resolution
amending the annually estimated contract amount, increasing the annually estimated
contract amount per contract, pursuant to lnvitation to Bid (lTB) No. 10-10111, from $60,000
to an amount up to the Public Work's annually budgeted amount for such services.
CONCLUSION
The Administration recommends that the Mayor and Commission adopt a resolution
increasing the annually estimated contract amount per contract, for electric motor rewind and
repair services from $60,000 to an amount up to the Public Works Department's annually
budgeted amount for such services.
JLM/MT/EC/AD
T:\AGENDA\201S\February\PROCUREMENT\Electric Motor Rewind and Repair Services Authority lncrease - Memo.doc
COMMISSION MEMORANDUM
CITY COMMISSION OF THE CITY OF
280
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING A CONTRACT AWARD PURSUANT
TO TNVTTATTON TO BID (tTB) NO. 10-10t1l TO AMEND THE ANNUALLY
ESTIMATED CONTRACT AMOUNT FOR ELECTRIC MOTOR REWIND AND
REPAIR SERVICES FOR THE PUBLIC WORKS DEPARTMENT FROM
$60,000 TO THE AMOUNT THAT IS ANNUALLY AVAILABLE !N THE PUBLIC
WORKS DEPARTMENT'S BUDGET FOR SUCH SERVICES.
WHEREAS, at its December 14,2011, meeting, the City Commission accepted the City
Manager's recommendation pertaining to the award of contracts pursuant to lnvitation to Bid
(lTB) No. 10-10111 for Electrlc Motor Rewind and Repair Services, for the City's Public Works
Department; and
WHEREAS, Contract award was passed and adopted by the City Commission
authorizing the Administration to enter into an agreement with Condo Electric Motor Repair,
Corp. as primary vendor, and TAW Miami Service Center, lnc. as secondary vendor; and further
Authorizing the Mayor and City Clerk to execute agreements in the annually estimated amount
of $60,000; and
WHEREAS, Purchase Order No. 021128 was created on February 8,2013, in the
amount of $65,000; and
WHEREAS, in October 16,2013 purchase order No. 022660 in the amount of $143,000
and in October 14, 2014 purchase order 025672 in the amount of $80,000 were created,
reflecting the increase needs in these services; and
WHEREAS, after considering the review and recommendation of City staff, the City
Manager exercised his due diligence and recommends to the Mayor and City Commission the
adoption of a resolution amending the contract to change the annually estimated contract
amount from $60,000 to the amount that is annually available in the Public Works Department
budget for such services.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager to amend Contract award pursuant to lnvitation
to Bid (lTB) No. 10-10111 to increase the annually estimated contract amount for electric motor
rewind and repair services for the Public Works Department from $60,000 to the amount that is
annually available in the Public Works Department budget for such services.
PASSED AND ADOPTED THIS DAY OF
ATTEST:
2015.
Philip Levine, Mayor
APPROVED AgTO
FORM & I-ANGUAGE
& FOR D(ECUTIOI{
t-Lt-\,
rrr.-....4
Dats
Rafael E. Granado, Gity Clerk
281
r-'.3r
_: t9.13.?Dri
''
",i'i i.i BEACi-i
City of Xliomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www-miomibeochfl.gov
I
Jimmy L.tloroles, City Monoger
tIel:3O5473J010 , Fox: 305473-7782
December 22,2014
Mr. Hector Gomez
Condo Electric Motor Repair, Corp.
3615 East 10u Court
Hialeah, Florida 33013
Submifted via E-mail: condosales@bellsouth. net
Subject: RENEWAL OF AGREEMENT PURSUANT TO ltlVlTAnON TO BID NO. 10-10/11
CONDO ELECTRIC MOTOR REWND AND REPAIR SERVICE
Dear Mr. Gomez:
This letter shall serve as notification that the City has approved a one (1) year extension of the
agreement with Condo Electric Motor Repair, Corp., for motor rewind and repair service, pursuant to
the above-referenced lTB. The Agreement shall now be effective through January 16, 2016-
Should you have any questions or need additional information please contact Yolanda Cintado-
Seigl ie at 305{ 73-7490 or volandacintado.spiglie@miami beachfl .oov.
We ore annined o proading excelbnt public service and sofety to oll who live, v,<:l*, od day in ou wbronl, lropicol, historic corrrmunaty
!.,
282
CIry of tliomi Beach, I T0O Gnrrentton Cenlar Drive; Micimi Bedch, Flori& 93 l 99, wwrrr.miqmibcoclil,g.o,
PRoCUREMENI DEP/IRTMENi Te k 3oss7!749o. nu*: zs6"3ea.ao1 o
Subrnitbd via E-mai[ltoi eondosaleSj0b6llsdUth:.nef
December 15,?0,14
Gondo.Electria'Motoi Rep.ail Oorp.
Mr. Hector Gom6z'
aOIS east 10h'Court
Hialeah, FloriCa :$301 g
Subject RENEWAL OF AGREEIUIENT PURSUANT TO INVIT,ATION TO BI,D'NO. .1OTI$I11
coNtro ELECTRTG MOTOR'REWIHo aruo drFnrn sEnvlde -
Dear Mr. Gomez
Agreement ITB-10..10/11 (t!.re {Agr:eemenfl),between'the Cf[y of Miami Beaoh (the "Gltf) and
Condo Electic Motor Repbh, coip. 1'contrbctof), pursuant?o the:above-reference.O siiticitrition,
expires on January 16, 20-1 5, Section 2.2 ctf the agreement allows,br the Agreement to be
exiended for an additional, one (1 ) year perfod through January 1 6, Z0 I 6.
The purBose of $is letter iS to seek Coniaelor's soncuRence to -a;<.tend the {greement, at the
same terms, conditions, and pricing as set forth ln the Agreement. lf Conthctor agrees to'
exteind the term of the Agreernent for the addftional period, pleaseslgn in the.sp,ace [rwidedbelow and refum this document to Yolanda Gintado-Seiglie ai lthe C!ty's' Pr:ocurement
Departm ent by'Dece.rnbe r 19, 2A1 4.
This lett6r dseS not coJlstitute an extensiOn to the Agreernent. lf Contraetor agirpes to
extend the Agieement, (he city Manag"riCttv comrniliion *ur il;id.a th; .ft-"*i""
and, if approved, Contractor will be notified of said extension of Agreement under
separate cover.
Should you haye any questions or need additional infornation, please contact Yolanda Cintado-
Seiglie at 305-67,4-7490 or- lolandaeintado-seiglie@rriiamibeachfl .qov.
through January 17i 2016.
FH;EHffi* .
rIIi.II.IJJ'EN.L
283
COMMISSION ITEM SUMMARY
Condensed Title;
Request For ApprovalTo Award Contracts To Motor Repair, Corp, As Primary Vendor, And
TAW MiamiService Center, lno. As Secondary Vendor, PursuantTo lnvitation To Bid (lTB) No, 1O-10/1'1, For
Electric Motor Rewlnd A49!.Sep4 servlqqsln The Annual Estimated Amount of $60,000.
Supporting Data (Surveys, Envlronmental Scan, etc.):
lssue:
Shall the Citv Commission
to TGioff
201 1 . The purpose this ITB is to establish a contract, by means of sealed bids, to a qualifled supplier(i) for
the repair and replacement of various types of electric motors on an as-needed basis. The repaii dervices to
be provided are the rewlnding of statorc and rotors, replacements of bearlngs and seals, complete motor
repair, rewindlng of transformers, machining, crane service and additional services when required.
The awarded contrac-ts shall remain in effect for a period of (1) year from date of contract execution by the
Mayor and City Clerk, and may be renewed by mutual agreement by the Clty Manager and contract awarded
vendor, for three (3) addltlonal years, on a year to year basis.
A Technical Revlew Panel (the "Panel'), comprbed of Clty staff members, convened on Sepbmber 28,2011
to review and evaluate all responsive bids. Condo Electric recelved high scores in quallfications from panel
'members. Condo has been ln business since 1952, and has contracts with Miaml-Dade Water and Sewer
Department, Martin county, city of sunrise, city of Miami, city of Hollywood, among others.
The Panel recommended award of a contract to Condo Electric. Additionally, it ls recommended that TAW
Miami Service be awarded as Secondary Vendor.
APPROVETHEAWARD
Board Recommendation:
Source of
Funds:[-tl#e Itt
OBPI
Public Works Water Accounl425441
Public Works Storm Account 427-0427-AA$42.
Financlal lmpact Summary:
Gus Lopez Ext, 6&ll
#S MtAMtB:EAfiH ,47
AEEilDA *am C AD
284
€. MIAMIBEACH
Clfy of Miomi Beoch, 1700 Convenllon Conler Drive, Mlomi Beoch, Florido 33 I 39, www.miomibeochfl,gov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the C,i y Commission
FRoft Jorge M. Gonzalez, City Manager
DATEr December 14,2A11
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO CONDO ELEGTRIC
IUTOTOR REpAlR, CORP. AS PRh'tARy VENDOR, AND TAVI' MtAMt SERVTCE
CENTER, lNC. AS SECONDARY VENDOR, PURSUANT TO tNVtTATtON TO
BtD (tTB) NO. 10-{0rt{, FOR ELEGTRIG iTOTOR REWND AND REpAtR
SERV|CES, tN THE ANNUAL ESTTMATED AMOUNT OF $60,000.
ADMINISTRATION RECOMMENDANON
Approve the Award of contracts.
KEY INTENDED OUTCOTUIE
Maintain City's lnfrastructure.
FUNDING
$45,000 PublicWorksSewerAccount425=0420-000342
$5,000 PublicWorksWaterAccount425-0410-000342
$10.000 _ PubligWorks StormAccount,42T-M27-000342
$60,000 Total
The funding information is based on actual Purchase Orders issued during Fiscal Year
2011. Additional funding may required due to increased need of services, subject to the
review and approval of the Office of Budget and Performance lmprovement (OBPI).
ANALYSIS
The purpose of lnvitation to Bid (the nlTB") No, 10-10111 is to establish a contract, by means
of sealed bids, to a qualified supplie(s) for the repair and replacement of various types of
electric motors on an as-needed basis. The repairservices to be provided arethe rewinding
of stators and rotors, replacements of bearings and seals, complete motorrepair, rewinding
of transformers, machining, crane service and additional seruices,when required.
This contract shatl remain in effect for a period of (1) year from Oate of contract Execution by
the Mayor and City Clerk, and may be renewed by mutual agreement by the City Manager
and contract awarded vendor, for three (3) addltional years, on a year to year basis.
48
285
Commission Memorandum
ITB 10-1 0/1 1 - Electric Motor Rewlnd and Repair Services
December 14, 2011
Page 2
Prp PROCESS
ITB No. 10-10111, was issued on June 13,2011 with a bid opening date of July 14,2011.
Three (3) addenda were issued to provide additional information and to respond to all
questions submitted bythe prospective bidders, thusextending the bid opening due dateto
July 21 ,2011.
Bldsync issued bid notices to 210 prospective bidders, The notices resulted in the receipt of
4 bids from the following companies:
. Condo Electric Motor Repalr Corp.. TAC Armature and Pumps Corp.. TAW Miami Service Center, lnc.. Electrix USA, lnc.
The ITB stipulated that award of this contract may be made to the primary and secondary
lowest and best bidders. Should the primary vendor fail to comply with the Terms and
Conditlons of this Contracl, the City reserves the right to award to the secondary vendor, lf il
is deemed to be in the best interest of the City.
ln determining the lowest and best bidder, the City utilized the *Best Value' Procurement
process to select a contrador with the experience and qualifications; the ability; capability,
and capacity; and proven past successful performance for the electric motor rewind and
repair servicEs. A Technical Review Panel (the oPanel"), comprised of City staff members,
convened on September 28,2011 to review and evaluate all responsive bids. Bids were
evaluated and ranked according to the followlng criteria:
Experience and qualifications of the Bidder (20 points);
Coq! (50 pol1tts).
Operation Plan 1ZO points).
Past perficrmance based on number and
Evaluation Surveys (10 points).
quality of the Performance
The Panel scored all bidders as follows:
Condo Electric received high scores in experience and qualifications from panel members, Their
1 8,000 sq. ft, facility is an EASA (Electrical Apparatus Service Association) certified repair shop
that services and repairs electric motors, pumps, generators, hoist, transformers, gear motors,
speed reducers and many products.
1.
2.
3.
4.
EIie Fakie Julian Perez
Anthony
Minev
Baby
Thomas
Low
Aooreqate
Totals
Rankino
OrderRank
Total
Polnts Rank
Total
Pninlc Rank
Totel
Points Rank
Totel
Palnh
Condo Electric 1 83 1 100 2 7S 1 B5 5 1
TAW Miami
Serulca 2 a2 2 100 1 81 3 70 I 2
TAC Armature
and Pumps 3 80 4 80 3 77 2 80 12 3
Electrix USA 4 78 3 85 4 67 4 65 15 4
o break as histop ranked,EA
49
286
Commission Memorandum
ITB 10-10/11 - Electdc Motor Rewlnd and Repair Servlces
Deoember 14,2011
Page 3
Condo has been in business since 1952, and has contracts with Miami-Dade Water and
Sewer Department, Martin County, City of Sunrise, City of Miami, City of Hollywood, among
others.
The Panel recommended award of a contract to Condo Electric. Additionally, it is
recommended that TAW Miami Service be awarded as Secondary Vendor. See attached
Bid Tabulation.
COST COITIIPARISON
The table below shows a cost comparison between the cunent rates and the unlt prices
received pursuant to the lTB, for various sizes of motors:
Descrlptlon
Cost Per
Thls ITB
Gurent
Contract
3 Phase Motor. 30 HP. 460 V. Raconditionino $695 $750
3 Phase Motor. 75 HP.460 V. Reconditionino $1,150 $1.360
3 Phase Motor. 75 HP. 460 V. ReBuildino $2.100 $2.250
3 Phase Motor. 125 HP. 460 V. Reconditionino $1.890 $1.924
3 Phase Motor. 250 HP. 460 V. Reconditionlno $2.700 $3.175
Submersible Pumo. 15 HP. 3 Phasa. Recondltionlno s1.200 s1.553
Since lt is unknown what size ortype of motors will need repairs during theyear, it is difflcult
to ascertain or estimate the savings. However, the results of this ITB are that cost savings
will be reallzed when compared to current contract rates.
CONCLUSION:
Based on the aforementioned, the Adminisfation recommends that the Mayor and Clty
Commission award contracts to Condo Electric Motor Repair, Corp. as primary vendor, and
TAW Miami Service Center, lnc. as secondary vendor, pursuant to ITB No. 10-10/11 for
Motor Rewind and Repair Services, in the estimated annual amount of $60,000.
T:\AGENDA\2011\12-14-11\lTB '10-1G11 Motor Rewlnd and Repalr Services MEMO.doc
50
287
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289
S MIAAAIBEACH
TITLE:
CONTRACT NO.:
EFFECTIVE DATE(S): This Contract shall remain in effect for one (1) year from date of
Contract execution by the Mayor and City Clerk and may be renewed,
at the sole discretion of the City, through its City Manager, for three
(3) additional one (1) year term.
SUPERSEDES:ITB No, 10-06107
CONTRACTOR(S): Condo Electric Motor Repair, Corp.
ESTIMATED ANNUAL CONTRACT AMOUNT: $60,000
CTTY OF MIAMT BEACH I
CERTIFICATION OF CONTRACT
Electric Motor rewind and Repair Service
10-10t11
A.
B.
AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on December 14, for approval to award a contract, upon
execution between the City of Miami Beach, Florida, and Contractor.
EFFECT - This Contract is entered into to provide electric motor rewind and repair
service, pursuant to City lnvitation to Bid No. 10-10/11 and any addenda thereto(the
ITB), and Contractor's bid in response thereto (this Contract, the lTB, and Contractor's
bid in response thereto may hereinafter collectively be referred to as the "Contract
Documents").
ORDERING INSTRUCTIONS - AII blanket purchase orders shall be issued in
accordance with the City of Miami Beach Procurement Division policies and procedures,
at the prices indicated, exclusive of all Federal, State and local taxes. All blanket
purchase orders shall show the City of Miami Beach Contract Number 10-10111.
CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) according to the requirements
of the Contract Documents to Fred Beckmann, City of Miami Beach, Public Works
Director at 305-673-7000 ext. 6012.
INSUMNCE CERTIFICATE(S) - The Contractor shall file lnsurance Certificates, as
required, which must be signed by a Registered lnsurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of
supplies and/or commencement of any services/work by Contractor.
F, ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written
consent of the City. ln addition, Contractor shall not subcontract delivery of supplies, or
any portion of work and/or services required by the Contract Documents without the prior
written consent of the City.
C.
D.
E.
290
Certification of Contract
Contractor warrants and represents that all persons providing/performing any supplies,
work, and/or services required by the Contract Documents have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately
and competently provide/perform same, or services to City's satisfaction, for the agreed
compensation,
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contracto/s
performance and all interim and final product(s) and /or work provided to or on behalf of
City shall be comparable to the best local and national standards.
G. SERVICE EXCELLENCE STANDARDS - Excellent Customer Service is the standard of
the City of Miami Beach, As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times adhere to
the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - ln accordance with the Public Crimes Act, Section 287.133,
Florida Statutes, a person or affiliate who is a contractor, consultant or other provider,
who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to the
City, may not submit a bid on a contract with the City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to the City,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the City, and may not transact any business with the
City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
cQnvicted vendor list Violation of this section by Contractor shall result in cancellation of
the Contract and may result in Contractor debarment.
INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this
Contract. Supplies, work, and/or services, provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. ln providing such
supplies, work, and/or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based
upon this Contract and/or the Contract Documents.
The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract and/or the Contract
Documents.
J.
291
Certification of Contract
K. NOTICES - Whenever either party desires to give notice to the other, such notice must
be in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of acknowledgment of
delivery, addressed to the party for whom it is intended at the place last specified, The
place for giving notice shall remain the same as set forth herein until changed in writing
in the manner provided in this section. For the present, the parties designate the
following:
For City:
Gus Looez. Procurement Director' Citv of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach. Florida 33139
With copies to:
Fred Beckmann. Public Works Director
Citv of Miami Beach
Public Works
1700 Gonvention Center Drive
Miami Beach. Florida 33{39
For Contractor:
Gondo Electric Motor Repair. Corp.
3615 East 10th Gourt
Hialeah. Ft 33013-
Attn: Hector A. Gomez. President
Phone: 305-69{ -5400
Fax: 305-69{-6564
E-mail: condosales@bellsouth. net
MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
SEVERANCE - ln the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
L.
M.
292
Certification of Contract
N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Gontract, Contractor and Gity hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and/or the Contract Documents. Gontractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
O. The ITB and Contractor's bid in response thereto, are attached to this Contract and are
hereby adopted by reference and incorporated herein as if fully set forth in this Contract.
Accordingly, Contractor agrees to abide by and be bound by any and all of the
documents incorporated by the Contract Documents. Where there is a conflict between
any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shalt prevail.
293
Certification of Contract
lN WITNESS WHEREOF the Citv and.Contractor have caused this Certification of Contract to
be signed and attested on this'-ru- day of {fr'fJ , zofL, by their respective duly
authorized representatives.
CONTRAGTOR CITY OF MIAMI BEACH
4rrroa- Gorn,InaLt*rtl l7, al tt
DatePrint Name
I *.-r- /o//
ATTEST:
Print Name
Gity Clerk
6otnur{,,
/-s-/0//,
F:\PURC\$ALL\MARTA\Bids\10-11\MotorRewind\Conhact\lTB-10-10-ll MotorRewindcont.doc
APPHOVED AS TO
FORM & LANGUAGE
UTION
l#1"
294