HomeMy WebLinkAbout2010-147-1329 - Awarding a Bid to J.B. Bulders & Contractors
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: September 8, 2010 Item Type: Resolution Ordinance
Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: Safe Neighborhood Parks Grant; Building Better Communities
General Obligation Bond Funds; Capital Improvement Funds Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#09-10-071 CMG Phase II -Amphitheatre X Sponsor
Name Dr. Danny Crew, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO J.B. BUILDERS
& CONTRACTORS, INC. D/B/A BALLARENA CONSTRUCTION FOR THE BETTY T. FERGUSON RECREATIONAL COMPLEX AMPHITHEATRE IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED SEVENTY-SEVEN THOUSAND TWO HUNDRED
FORTY-TWO DOLLARS ($777,242.00) WHICH INCLUDES A 10% CONTINGENCY; AUTHORIZING THE CITY MANAGER NEGOTIATE AND EXECUTE A CONTRACT; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. ITEM J-4) CONSENT AGENDA RESOLUTION Awarding a Bid to Ballarena Construction
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Staff Summary: Background On July 15, 2009 Miami-Dade County announced the availability of approximately $6 million
in Safe Neighborhood Parks Bond (SNP) grant funds for land acquisition and capital improvements of public parks. The SNP grants require a dollar-for-dollar cash match. All funds must
be expended within one year after funds are allocated by the Miami-Dade Board of County Commission. On August 18, 2009, the SNP Oversight Committee selected the proposed Amphitheatre
Project, located on the site of the Betty T. Ferguson Recreational Complex, for recommendation to the Miami-Dade Board of County Commission. The proposed budget for the project is $1,000,000
of which SNP and the City would each provide equal amounts. On February 25, 2009, the City Council in accordance with Resolution No: 2009-14-959 authorized the City Manager to approve
a Nonexclusive Continuing Service Agreement with CPZ Architects, Inc. located in Plantation, Florida. On December 9, 2009 the City Council in accordance with Resolution No: 2009-230-1176
authorized the City Manager to negotiate and execute a contract with CPZ Architects, Inc. for Architectural and Engineering services for the Amphitheatre Project. The Amphitheatre scope,
budget and schedule were finalized and a purchase order was issued to CPZ Architects, Inc. in February 2010. CPZ completed the construction documents on schedule and the project was
advertised for bid on June 22, 2010. Current Situation The plans and specifications prepared by CPZ were broadcasted as ITB #09-10-071 on June 22, 2010. A broadcast notice was sent to
1376 vendors. A pre-bid meeting was held on July 1, 2010. The bids were opened on August 6, 2010. Eight bids were received and publicity read at that time. The Procurement Manager evaluated
the bids for compliance with the specifications and the construction firm’s ability to perform the work. The Finance Department reviewed Ballarena Construction financial report and found
the company financially stable. The references of the apparent low bidder were checked by staff and found favorable. The apparent low respondent is J.B. Builders & Contractors, Inc.
d/b/a Ballarena Construction, located in Coral Gables, Florida. A copy of the proposal document is available for review at the office of the Assistant to the Mayor and Council. The funding
will be provided by the Safe Neighborhood Parks (SNP) Bond Program and matched with the City’s Building Better Communities (GOB) General Obligation Bond Program funds. Proposed Action:
That City Council approve the attached resolution awarding the bid to J.B. Builders & Contractors, Inc. d/b/a Ballarena Construction, located in Coral Gables, Florida in the amount not
to exceed $777,242.00, which includes two of the bid alternates and a 10% contingency, and authorizing the City Manager to negotiate and execute a contract with same. Attachment:
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment A: Bid Tabulation Sheet Attachment B: Agreement
ITB#09-10-071 MIAMI GARDENS COMMUNITY CENTER phase II AMPHITHEATRE AUGUST 6, 2010 @2:00 p.m. TABULATION SHEET Ballarena Zurqui Cons N&J Const Thunder * Vertical** ABC Const Trinte Link
Const. Contractors Remolition Managmnt Construct. ITEM UOM Coral Gables Miami Miami Miami Miami Miami Opa-Locka Miami Bond 10% LS yes yes yes yes yes yes yes yes Mobil/Demob LS $8,960.00
$8,768.00 $17,000.00 $16,893.00 $30,000.00 $41,000.00 $26,250.00 incl #3 Ins/Bond LS $16,800.00 $19,179.00 $10,600.00 $24,223.00 $26,000.00 $34,763.00 $20,979.00 $15,499.00 Gen Cond
LS $17,472.00 $63,475.00 $31,300.00 $49,993.00 $50,000.00 $24,345.00 $34,528.00 $139,571.00 Sub Total $43,232.00 $91,422.00 $58,900.00 $91,109.00 $106,000.00 $100,108.00 $81,757.00 $155,070.00
Site Wk/Demo LS $227,360.00 $239,795.00 $252,900.00 $296,479.00 $280,000.00 $285,532.00 $271,825.00 $308,347.00 Concrete LS $71,843.35 $106,267.00 $124,100.00 $106,056.00 $130,000.00
$89,680.00 $135,116.00 $69,700.00 Masonry LS $8,400.00 $10,456.00 $9,600.00 incl #3 incl #3 $$15,000.00 $13,574.00 $30,000.00 Metals LS $39,200.00 $43,354.00 $52,500.00 $37,700.00 $60,000.00
$76,560.00 $48,252.00 $51,880.00 Wood & Plastic LS $2,800.00 $9,800.00 $10,900.00 $1,017.00 $2,000.00 $2,200.00 $7,439.00 $6,335.00 Protection LS $39,200.00 $20,697.00 $22,300.00 $23,296.00
$20,000.00 $34,908.00 $25,289.00 $22,411.00 Doors & Wind LS $6,384.00 $6,064.00 $8,400.00 $6,026.00 $4,000.00 $6,050.00 $6,857.00 $8,066.00 Finishes LS $53,300.80 $34,600.00 $28,700.00
$44,418.00 $25,000.00 $39,590.00 $34,600.00 $31,485.00 Sound Equip LS $28,000.00 $25,438.00 $19,800.00 $18,737.00 $20,000.00 $24,645.00 $28,878.00 $24,645.00 Mechanical LS $29,904.00
$29,644.00 $24,000.00 $22,000.00 $20,000.00 $23,464.00 $21,121.00 $21,588.00 Electrical LS $145,600.00 $137,324.00 $143,600.00 $130,000.00 $131,340.00 $143,595.00 $152,290.00 $132,000.00
Sub Total LS $651,992.15 $663,439.00 $696,800.00 $685,729.00 $692,340.00 $741,224.00 $745,241.00 $706,457.00 TOTAL BASE $695,224.15 $754,861.00 $755,700.00 $776,838.00 $798,340.00 798,340.00
$841,332.00 $826,998.00 $861,527.00 Alternate Sidewalk LF $26.00 $50.00 $31.00 $36.00 $4.30 $44.00 $30.00 $31.65 Pipe Grid SF $120.00 $62.00 $10.00 $23.00 $20,000.00 $11.00 $25.00 $24.30
Photographs LS $2,000.00 $1,500.00 $400.00 $1,694.00 $1,500.00 $1,500.00 $3,337.00 $746.00 Sod SF $0.85 $0.35 $0.33 $0.22 $0.30 $0.32 $1.08 $0.29 This is only a tabulation of prices
submitted and is not an indication of award or responsiveness * Thunder Remolition Inc. -is non-responsive as required documents were not submitted: i.e. proof of insurance; questionnaire;
financials, drug free workplace etc. ** Vertical Management Bid Item A -Sidewalk provided square foot price -$4.30/sq.ft.
CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT THIS CONTRACT made as of this _______ day of ______________,20___, by and between J.B. Builders & Contractors, Inc. D/B/A Ballarena Construction,
hereinafter referred to as the CONTRACTOR, and the CITY OF MIAMI GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as the CITY. WITNESSETH, that whereas, the
CITY has awarded to the CONTRACTOR the Work of performing certain construction: NOW, THEREFORE, the CITY and the CONTRACTOR, for consideration hereinafter named, agree as follows: ARTICLE
1 -CONTRACT DOCUMENTS 1.1 Enumeration of Contract Documents: The Contract Documents comprise the entire agreement between CITY and CONTRACTOR and consist of the following: (1) This Agreement
and General Conditions (2) Construction performance bond. (3) Construction payment bond. (4) Insurance certificate(s). (5) Notice of Award and Notice to Proceed. (6) Invitation to Bid
and the Specifications prepared by the CITY (7) CONTRACTOR's Response to the CITY's Invitation to Bid No. 09-10-071 dated August 6, 2010 The aforementioned documents are hereby incorporated
herein by reference, and made a part hereof. Any amendments executed by the CITY and the CONTRACTOR shall become part of this Agreement. Documents not included in this Article do not,
and shall not, form any part of this Agreement. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is
established: a. Specific direction from the City Manager (or designee). b. This Agreement dated __________________ and any attachments. c. Bid Document, including General Conditions;
Specifications and plans prepared by the City and Architect d. Contractor’s Bid Proposal 1.2 Conflict, Error or Discrepancy:
If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to the CITY in writing at once and before
proceeding with the Work affected shall obtain a written interpretation or clarification from CITY. 1.3 Representation of CONTRACTOR: Execution of the Contract by the CONTRACTOR is a
representation that CONTRACTOR has visited the Work site and is familiar with the local conditions under which the Work is to be performed. ARTICLE 2. SCOPE OF WORK The CONTRACTOR hereby
agrees to furnish all of the materials, tools, equipment, labor, services, incidentals and everything necessary to perform; and shall perform, all of the Work, herein referred to as
Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 CONTRACTOR shall be issued a Notice of Award by the CITY. CONTRACTOR shall commence scheduling activities
and permit applications within five (5) calendar days after receipt of the Notice of Award. The Notice to Proceed and Purchase Order will not be issued until CONTRACTOR’S submission
to CITY of all required documents including, but not limited to: Performance and Payment Bonds, Insurance Certificates fully executed Contract. 3.1.1 The receipt of all necessary permits
by CONTRACTOR and acceptance of the full construction schedule in accordance with general terms and conditions section, submittal schedule and schedule of values is a condition precedent
to the issuance of the Notice to Proceed to mobilize on the Project site and commence with the Work. The CONTRACTOR shall submit all necessary documents required by this provision within
fifteen (15) calendar days of the issuance of Notice of Award. 3.2 The Work must begin within ten (10) calendar days from Notice to Proceed or the date fixed in the Notice to Proceed,
whichever is later, and shall be carried on at a rate to insure its substantially completed within one hundred sixty-eight(168) calendar days from the issuance of the Notice to Proceed,
completed and ready for final payment in accordance with Article 6 within two hundred twenty-four (224) days from the date certified by CITY as the date of Final Completion. 3.3 Upon
failure of CONTRACTOR to substantially complete the WORK, herein referred to as Substantial Completion, within the specified period of time, plus approved time extensions, if any, CONTRACTOR
shall pay to CITY the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 3.2 above, plus any approved time extensions, for Substantial Completion.
After Substantial Completion should CONTRACTOR fail to complete the remaining Work within the time specified in Section 3.2 above, plus approved time extensions, if any, for completion
and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Five Hundred Dollars ($500.00) for each
calendar day after the time specified in Section 3.2 above, plus any approved extensions, if any, for completion and readiness for final payment. These amounts are not penalties, but
are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties,
recognizing the impossibility of precisely ascertaining the amount of damages which the CITY will suffer as a result of the CONTRACTOR’S failure to perform and that will be obviate a
formal resolution concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract as required hereunder. The above-stated liquidated
damages shall apply separately to each portion of the Project for which a time for completion is given. 3.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR
for the Work under this Contract. 3.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the Architect/Engineer in administering
the construction of the WORK beyond the completion date specified above, plus approved time extensions, if any. Architect/Engineer construction costs shall be pursuant to the contract
between CITY and Architect/Engineer, a copy of which is available upon request of the CONTRACTOR. All such costs shall be deducted from the monies due CONTRACTOR for performance of WORK
by means of unilateral credit change orders issued by CITY, as costs are incurred by Architect/Engineer and agreed to by CITY. ARTICLE 4. COMPENSATION CITY shall pay CONTRACTOR as full
compensation for the all material, services, labor and performance, including overhead and profit, associated with completion of all the Work in full conformity with the requirements
as stated or shown in the Contract Documents, the sum of Seven Hundred Six Thousand Five Hundred Eighty-Four Dollars Fifteen cents ($706,584.15) which includes alternate – photographs
($2,000.00) and sidewalk (360 LF) @$26.00/linear foot. ARTICLE 5. PROGRESS PAYMENTS CONTRACTOR may make Application for Payment for Work completed, at intervals of not more than once
a month. However, the CITY shall not pay more than ninety percent (90%) of the total Contract Price as progress payments. The CONTRACTOR’S application shall show a complete breakdown
of the Project components as dictated by the CITY, including an updated Schedule of Values showing the quantities completed and the amount requested, together with such supporting evidence
as may be required by the CITY. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY as required by the General Conditions and
a release of liens relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to the CITY. The CITY shall make payment
to the CONTRACTOR within thirty (30)
business days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. Ten percent (10%) of all monies earned by
the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by the CITY in accordance with the terms and conditions stipulated in the Contract Documents. Upon
Final Completion and acceptance one half (1/2) of the retainage will be returned to CONTRACTOR in accordance with the terms and conditions stipulated in the Contract Documents. One half
(1/2) of the retainage fee shall be held and shall be redeemable upon satisfactory completion of the twelve (12) months or six (6) months warranty period. The City shall select length
of warranty period upon notice of award. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a) Defective
Work not remedied. b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c) Failure of CONTRACTOR to make payments properly
to Sub-Contractors or for material or labor. d) Damage to another CONTRACTOR not remedied. e) Liquidated damages, as well as costs incurred by the CITY for extended construction administration.
When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or a consent of Surety, satisfactory to the CITY which will protect the CITY in the amount withheld,
payment may be made in whole or in part. ARTICLE 6. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from CONTRACTOR that the Work is complete and ready for final inspection
and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. The CONTRACTOR shall only receive payments If CITY finds the Work acceptable, the requisite documents
have been submitted, the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, the Architect/Engineer and CITY’S
Representative will submit a statement stating such to the CITY Manager. Before the Final Payment, CONTRACTOR shall deliver to CITY a complete waiver of lien(s) or release of all lien(s),
as applicable, arising out of this Contract, or receipts in full for all Work; and an
Affidavit certifying that all suppliers and Sub-Contractors have been paid in full, and that all other indebtedness connected with the Work has been paid. The CITY may withhold, in whole
or in part, payment to such extent as may be necessary to protect itself from loss on account of: A. Defective Work not remedied. B. Claims filed or reasonable evidence indicating probable
filing of claims by other parties against CONTRACTOR. C. Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. D. Damage to another CONTRACTOR
not remedied. E. Liquidated damages and costs incurred by CITY for extended construction administration. When the above grounds are removed or resolved satisfactorily to the CITY, payment
may be made. Final payment constituting the entire unpaid balance of the Contract sum shall be paid by CITY to the CONTRACTOR within thirty (30) days after completion of all Work, Contract
fully performed and a final certificate for payment has been issued by the CITY’S representative. ARTICLE 7. MISCELLANEOUS 7.1 Conflict: Where there is a conflict between any provision
set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall control.
7.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision
of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents or sub-contractors of the CITY and CONTRACTOR shall be responsible
for any actions of its officer, employees, agent and subcontractors. This Contract shall not constitute or make the parties a partnership or joint venture. 7.3 Qualifications: CONTRACTOR,
and the individual executing this Contract on behalf of the CONTRACTOR, warrants to the CITY that the CONTRACTOR is a Florida (corporation sole proprietorship, etc.) in good standing,
and that the CONTRACTOR has all the required licenses and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described.
CONTRACTOR shall insure that all Sub-Contractors have all required licenses
and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. 7.4 Entire Contract – Modification: No statements,
representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Contract, shall have any legal validity between the parties or be
binding upon any of them. The parties acknowledge that this Contract contains the entire understanding of the parties. No modifications hereof shall be effective unless made in writing
and executed by the parties hereto with the same formalities as this Contract is executed. If any term in the CONTRACTOR’S proposal appears to be in direct or apparent conflict with
the Contract, then the terms of the Contract shall control. 7.5 Third Party Beneficiaries: Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this
Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract 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. 7.6 Notices:
All notices required in this Contract shall be sent by certified mail, return receipt requested and, if sent to the CITY shall be mailed to: City of Miami Gardens Attn: City Manager
1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 With a Copy to: City Attorney C/O City of Miami Gardens 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 And if sent to
the CONTRACTOR shall be mailed to: Name: J.B. Builders & Contractors Inc. D/B/A Ballarena Construction Fed. ID# 20-2753807 Address: 3727 SW 8th Street Telephone # 305-441-9118 Address:
Suite 105 Fax # 305-441-8111 City, State & Zip: Coral Gables, FL 33134 Contact Person: Jorge Ballarena Title: President 7.7 Assignment and Performance: Neither this Contract nor any
interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the Work required by this Contract except
as authorized in the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience,
education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services
to CITY'S satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR'S performance and all interim and final
product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 7.8 Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement,
duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY'S failure to
enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not
be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 7.9 Severance: In the event a portion of this Contract is found
by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective, unless CITY or CONTRACTOR elects to terminate this Contract. An election
to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 7.10 Applicable Law and Venue: This Contract shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive
venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have
to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all Sub-Contractors to the provisions of this Contract. 7.11
Enforcement Costs: If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in
connection connection with any provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees, expenses and court costs, including
appellate fees incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 7.12 Amendments: No modification, amendment, or
alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed
by the CITY and CONTRACTOR. 7.13 Prior Contracts: This document incorporates and includes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable
to the matters contained herein and the parties agree that there are no commitments, Contracts or understandings concerning the subject matter of this Contract that are not contained
in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior representations or Contracts, whether oral or written. It is further agreed that no modification, amendment or alteration
in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. 7.14 Future Litigation: Contractor certifies that it
shall notify the City within five (5) days of the receipt of any claims, lawsuits, or actions filed against Contractor relating to any construction projects, work or tasks either performed
by Contractor or to be performed by Contractor. 7.15 Risk of Loss; Ownership: The risk of loss, injury or destruction of any personal property, including but not limited to the $706,584.00,
shall be on CONTRACTOR until acceptance of the Work by CITY. Title to the Work shall pass to CITY upon final acceptance of the Work by CITY. 7.16 Indemnification: Contractor shall indemnify
and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which
the City or its 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 Contractor or its employees, agents, servants, partners, principals or subcontractors. Contractor 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 City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided. One percent ( 1%) of the contract amount shall represent the consideration to be provided for this indemnification. Nothing contained herein shall
be deemed a waiver of sovereign immunity. [The remainder of this page is intentionally left blank.]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows: WITNESSES: CONTRACTOR: ________________________________ By:_________________________________ Print
Name:_______________________ Print Name: __________________________ Title:_______________________________ Seal: ATTEST: CITY OF MIAMI GARDENS ________________________________ ________________________
___ City Clerk City Manager APPROVED AS TO FORM: ________________________________ CITY Attorney Dated: