3aCity of South Miami
MEMORANDUM
TO: Mayor and City Commission
CC: SMCRA Board /k V/
FROM: Laurence Feingold, City Attorney
DATE: November 16, 2010
RE: CRA Resolution to pay $20,558 to Southern Asphalt street repair of
59 Place from 66 St to 68 St
The above matter was resolution no. 10 on the CRA agenda at the meeting of November
8, 2010. Said resolution was deferred because an activist claimed the contract was
breached by Southern Asphalt and based upon said breach, they should repair the streets
gratis under their original contract. As a result, the CRA Board asked the City Attorney
to review the old contract where the Street was paved to see if Southern Asphalt can still
be liable for the repairs as a breach of contract.
Upon instructions of the CRA Board, I compiled the records concerning the prior repairs
which records are attached hereto.
These records reveal that the prior repairs on the subject streets were made by Homestead
Concrete and Drainage, Inc., and not by Southern Asphalt Engineering, Inc.
Attached hereto is the Resolution of September 5, 2006 authorizing the work for the
Church Street Improvements, from SW 68 Street to SW 66 Street by Homestead
Concrete and Drainage, Inc.
Further, attached is the September 27, 2006 contract with Homestead Concrete and
Drainage, Inc.
It is the opinion of the City Attorney that too much time has passed to successfully pursue
any claim against Homestead Concrete and Drainage, Inc. Furthermore, the attached
Resolution no. 10 of the last CRA agenda should be acted upon at the next fortheomim,
meeting of the CRA.
1II1®
zao,
"M&ong our Neighbodeood o Great Place to LA* Work and Ploy"
To: honorable Chair and Date: November 8, 2010
SMCRA Bo a
vid ers
From: Stephen a ITEM No._'___
SMCRA Director AUTHORIZATION TO DISBURSE FUNDING
TO SOUTIVERNASPHALT INC. FOR
ROADWAY REPAIRS ON SW 59' PLACE
Resolution
A resolution of the South Miami Community Redevelopment Agency ( SMCRA) relating
to Infrastructure Maintenance and Repairs; authorizing the SMCRA Director to
disburse funding in the total amount of $20,558 to Southern Asphalt ]Engineering Inc.
for required street infrastructure repairs in the SMCRA District along SW 59th Place
between SW 68th Street and SW 66th Street; and charging account no, 610- 1110- 513-46-
70 (Infrastructure Maintenance & Repairs Account); and providing an effective date
Baclreround
During the recently completed fiscal year, the Board reviewed a roadway repair estimate
provided the former City Manager. The section of damaged roadway in question included
several isolated areas of SW 59th Place between SW 68th Street and SW 66"" Street (See
Exhibit A). During the meeting, the Board requested additional roadway repair quotes based,
on repair of the entire section of roadway. Since that time, additional pavement damage has
been incurred thus warranting repair of this entire section SW 59th Place.
It should be noted that the SMCRA and Miami -Dade County contributed funding to prior
roadway improvements at this location. However, staff has also been informed that all legal
remedies for remediation have been sought concerning this matter but to no avail. Attached as
Exhibits B, C, D and E are street pavement repair estimates for the entire section of roadway
between SW 66th Street and SW 681" Street. Based on the estimates received from the Public
Works Department, the estimate provided by Southern Asphalt Engineering Inc. appears to be
the most cost effective.
Approval of the attached resolution shall authorize the SMCRA Director to disburse funding
in the amount of $20,558 to Southern Asphalt Engineering Inc. upon the completion of work
for roadway milling and resurfacing of SW 59th Place between SW 68th Street and SW 66th
Street.
Recommendation
Staff recommends approval of the attached resolution authorizing the SMCRA Director to
disburse funding in the amount of $20,558 to Southern Asphalt Engineering Inc. uphon the
completion of work for the milling and resurfacing of SW 59th Place between SW 68t Street
and SW 66th Street and charging Account No. 610 - 1110 - 513 -46 -70 (Infrastructure
Maintenance & Repairs Account).
Attachments:
Estimates for Roadway Repair of SW 59 " Place (4)
SD: \CRA\ Authorization to Disburse Funding for Roadway Repairs - SW 599' Place.doo
I RESOLUTION NO.
2
3 A resolution of the South Miami Community Redevelopment
4 Agency ( SMCRA) relating to Infrastructure Maintenance and
5 Repairs; authorizing the SMCRA Director to disburse funding in
6 the total amount of $20,558 to Southern Asphalt Engineering Inc.
7 for required street infrastructure repairs in the SMCRA District
8 along SW 59`h Place between SW 68`h Street and SW 66th Street;
9 and charging account no. 610 - 1110 - 513 -46 -70 (Infrastructure
10 Maintenance & Repairs Account); and providing an effective date
11
12 WHEREAS, during the recently completed fiscal year, the Board
13 reviewed a roadway repair estimate provided the former City Manager
14 including isolated damaged areas of roadway along SW 59th Place between
15 SW 68" Street and SW 66" Street; and
16
17 WHEREAS, during the meeting, the Board requested additional roadway
18 repair quotes based on repair of the entire section of roadway; and
19
20 WHEREAS, since that time, additional pavement damage has been
21 incurred along this street section thus warranting repair of this entire roadway
22 section SW 59h Place; and
23
24 WHEREAS, the SMCRA and Miami -Dade County contributed funding to
25 prior roadway improvements at this location however, staff has also been informed
26 that all legal remedies for remediation have been sought concerning this matter but
27 to no avail; and
28
29 WHEREAS, based on four (4) roadway repair estimates received from the
30 Public Works Department, the estimate provided by Southern Asphalt Engineering
31 Inc. in the amount of $20,558 appears to be the most cost effective; and
32
33 WHEREAS, the SMCRA Board desires to both facilitate and maintain on-
34 going streetscape improvements in the SMCRA area.
35
36 NOW THEREFORE BE IT RESOLVED BY THE COMMUNITY
37 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH MIAMI,
38 FLORIDA THAT:
39
40 Section 1. The South Miami Community Redevelopment Board authorizes
41 the SMCRA Director to disburse funding in the amount of $20,558 to
42 Southern Asphalt Engineering Inc. upon the completion of work for the
43 milling and resurfacing of SW 590' Place between SW 68th Street and SW
44 66th Street and charging Account No. 610 -1110- 513 -46 -70 (Infrastructure
Page I of 2
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Maintenance & Repairs Account). Following funding disbursement, the
remaining balance in Account No. 610- 1110 - 513 -46 -70 will be $29,442.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _, day of November, 2010.
ATTEST:
SECRETARY
READ AND APPROVED AS TO FORM:
GENERAL COUNSEL
Page 2 of 2
APPROVED:
CHAIRPERSON
Board Vote:
Chair Stoddard:
Vice Chair Newman:
Member Palmer:
Member Beasley:
Member Harris:
Member Covington:
Member Sanchez:
Page 1 of 3
Subj: RE: CRA to pay $20,558 to Southern Asphalt street repair 591PIace from 66St.to68St
Date: 11/9/2010 11:32:34 A.M. Eastern Standard Time
From: Rdelatorre2(acityofsouthmiami .net
To: farmand(dcitvofsouthmiami.net, IfeingoldCa7citvofsouthmiami .net, aslant aol.com
Gentleman,
Please see the attached a mail response from T.Y.Lin, Palm Engineering was the EOR, Homestead
Concrete & Drainage, Inc. was the contractor and Florida Paving & Trucking was the sub for road
resurfacing.
Seems that Southern Asphalt Engineering, Inc was not involved in this project.
Rudy de la Torre
Assistant Public Works Director
City of South Miami Public Works Department
4795 SW 75th Avenue
Miami, FL 33155
Office: 305 663 6350 - Fax: 305 668 7208
e -mail address: rtorre @cityofsouthmiami.net
From: De la Torre, Rudy
Sent: Tuesday, November 09, 2010 10:18 AM
To: Armand, Fritz; Feingold, Laurence; Feingold, Laurence
Subject: RE: CRA to pay $20,558 to Southern Asphalt street repair 59PIace from 66St.to68St
Gentleman,
We have reviewed the project file and found that the project was completed in mid 2007, the project
contractor was Homestead Concrete & Drainage, Inc. We have no record that Southern Asphalt was
used as a sub nor used in this project at all.
In addition T.Y.Lin International was the Engineer of record we have contacted them to confirm if
Southern Asphalt was involved.
Please see the attached contract documents for Homestead Concrete.
Rudy de la Torre
Assistant Public Works Director
City of South Miami Public Works Department
4795 SW 75th Avenue
Miami, FL 33155
Office: 305 663 6350 - Fax: 305 668 7208
e-mail address: rtorre @cityofsouthmiami.net
From: AslanF @aol.com [mailto:AsianF @aol.com]
Sent: Monday, November 08, 2010 10:02 PM
To: Armand, Fritz; De la Torre, Rudy; Vageline, Thomas; Menendez, Maria M.; Riverol, Alfredo;
markgoldstein98 @yahoo.com
Cc: Youkilis, Sanford; Baker, Carmen V.; Mirabile, Hector; Mayor & Comm
Subject: CRA to pay $20,558 to Southern Asphalt street repair 59PIace from 66St.to68St
The above was resolution 10 of tonight's CRA meeting and it was deferred because a activist claimed
the contract was breached by Southern Asphalt and based upon said breach, they should repair the
streets gratis under their original contract. I was asked to review the old contract where the Street
was paved to see if be liable for the re airs as a breach of contract.
RIT—necessary for one of our team getting this email to send me the of con rac o examme as per the
CRA's instructions .... ....................Accordingly will someone email me the contract so I can review
same ASAP
Monday, November 08, 2010 AOL: AslanF
Page 2 of 3
Larry
Laurence Feingold P.A.
City Attorney of South Miami.
City Hall (305) 663 -6340
Beach Office: (305) 538 -1686
Cell: (305) 495 -7887
Fax: (305) 538 -7875
Web: laurencefeingold.com
- - - -- Original Message---- -
From: Jose Nessi <Jose.Nessi @tylin.com>
To: "De la Torre, Rudy" <Rdelatorre2 @cityofsouthmiami.net>
Date: Tue, 9 Nov 2010 10:48:37 -0500
Subject: RE: Church 3
Hello Rudy, Palm was the FOR and the sub was Florida Paving & Trucking, 1 North Krome
Avenue, Homestead, Fl 33030.
Jose M. Nasal
Construction Group Leader
201 Alhambra Circle, Suite 900
Coral Gables, FL 33134
305.567.1888 x261 direct
786.258.2961 mobile
305.567.1771 fax
inessi(cDtvlin.com
Visit us online at www.tylin.com
"One Vision, One Company"
From: De la Torre, Rudy [mailto: Rdelatorre2 @cityofsouthmiami.net]
Sent: Tuesday, November 09, 2010 9:02 AM
To: Jose Nessi; Francisco Alonso
Cc: Armand, Fritz; Martinez, Grizel
Subject:
Dear Jose,
We are looking at the files for Church Street Improvements Phase 3 which shows that
T.Y.Lin International was the Engineer of record. The records show that the project was
constructed by Homestead Concrete and Drainage, Inc.
Can you please advice as to what entity performed the road resurfacing?
Was Southern Asphalt Engineering, In. involved in this project?
Please advice as soon as possible, than you.
Rudy de la Torre
Assistant Public Works Director
City of South Miami Public Works Department
Monday, November 08, 2010 AOL: As1anF
Page 3 of 3
4795 SW 75th Avenue
Miami, FL 33155
Office: 305 663 6350 - Fax: 305 668 7208
e -mail address: rtorre @cityofsouthmiami.net
Monday, November 08, 2010 AOL: AslanF
RESOLUTION NO.
154 -06 =92295
+ +r y / / »Ir •: +� .+i/ of +
1 1
/ r 1' PROVIDING FOR AN EiFFECTIVE
;
DATE
WHEREAS, the Mayor and City commission wishes -to provide infrastructure improvements
along Church Street Improvement from SW 6e Street to SW 66a` Street, and
WHEREAS, the Mayor and City Commission authorize ,,the City Manager to execute a
construction contract with homestead Concrete &Drainage, Inc: foi the Church Street Improvements -
Phase ITI project for an amount of $243,172.23.
NW TIMREFORE� BE IT RESOLVED BY THE MAYOR AND C1W COMMlSSION OF
I ifla Crry OF r 1• 1 FLORIDA
THAT-
je.eflon 1: The Mayor and City Commission authorize the City Manager to execute
construction contract with homestead Concrete & Drainage, The. for the Church Street improvement -
Phasa M project in an amount of $243,172.23,
Sectian 2: The project's construction cost shall be charjed,'to account numbers 106- 1724 -541-
3454 and 106- 1712 - 536 -6437 with account balances of $170,730 and $23,800, respectively,
Seetion 3. The attached agreement is made a part of the .resolution.
PASSEL) AND ADOPTED this day of 2006,
T' APPROVED-
CIE r
OR .
RE D AND AP AS TO FO COMMISSION VOTE:
4 -0
.' MayorFeliu:
Yea
_ Vice MayorbrPalmn
absent
Canini9sSfOtTirr Palmer:
Y CommissionerBirts:
Yea
Commissioner Beckman:
Yea
Yea
ACOR1a_ CERTIFICATE OF LIABILITY INSURANCE
souceR THIS CERTIFICATE IS ISSI
ONLY ANO CONFERS.NO I
a Insurance Group, Inc. ER, THIS CERTIFICA
OO NW 79th Ave. Suite lot ALTER THE COVERAGE A
and FL 33122 '—
Fax:305 -714 -4401
Homestead Concrete s
Drainage Inc.
P.O. Box 1273
Homestead FL 33090
INSURERS AFFORDING COVERAGE
B:
THE
DATE (MMMONYYY).
NAIL#
THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDASOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TEAM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAYPERTA )N,THE. INSURANCE AFFORDED BY THE POUCME DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH
POUCIEB AGGREGATE UMMSSHOWN MAYNAVEBEENREDUCED BY PAID CLAIMS.
LTR
Ns
TYPEoPINSURANGE
POLICY NUMBER
GATE MINDONY
DATE MM(DDIYY
LIMITS
GENERAL LIABILITY
BACHOCCURRENCE
$1 000 060
A
X
X COMMERCIALGENERALLWBILITY-
CLAIMS MADE OCCUR
®
DTC0734IB2971ND06
03/26/06
03/26/07
PReMtsEsEaocc,,rw
$300 000
MED EKF{PY One Prso)
$5 000
X Contractual Incl..
PERSONAL B ADV INJURY
$ 1r000 000
X
XCU Incl.
GENERALAGGREGATE
52 000.000
GM AGGREGATE LIMIT APPLIES PEP
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PRODUCTS- COMPtOPAGG
$ 2 000 000
A
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03/26/06
03/26/07
COMBINED
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BODILY INJURY
(Pm perwo)
DAUTOS
SCHEOULEOAUTOS
HIREDAUTOS
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PROPERTY DAMAGE
(Per ec "Q
5
'GARAGE LIABILITY
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EXCESWUMBRELLA LIABILITY
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AGGREGATE
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RETENTION 5
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DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES IEXCLUSIONS ADDED BY ENOORSEMENT I SPECIAL PROVISIONS
Additional Insured Clause applies in favor of the City of South Miami and Al
the Engineer for General'Liability (no Professional Liability applies) with
respect to the General Liability policy as required by written contract in
regards to: Church Street (SW 59th Place) Improvements - Phase 2 SW 68th
jSt. to SW 69th St.) - *10 days due to non - payment of premium y
City of South Miami
Public Works Department
4795 S.W. 75th. Avenue
Miami:. FL 33155
018014 -7 I SHOULD ANY OFTHEABOVEDESCRIBEDPOUCISSBECANCELLEGBEFOR
DATE THEREOP. THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE'
I
IMPOSE NO OBLIGATION OR LIABILITY DE ANY KIND UPON THE INSURER, IT
OR
SECTION oo5oo
CONTRACT
TM AGREEMENT, wade and entered into this 7+ day of e k v e,.- 20 er , . A.D. by and
Keen the City of South Miami, party of the first part (hereinafter sometimes called the; "Owner "),
AV+^cS' C:oM --ftkt, 4 bn a Me lnrd , party of the second part (hereinafter sometimes called
" Contractor").
WHEREAS: Miami -Dade County through its office of Community Development has entered
tntract. with the Owner, and
WHEREAS.' the Owner desires to engage the Contractor to perform services as stated herein:
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually
ee as follows:
SCOPE OF WORK
A. The Contractor shall famish all Iabor. materials, equipment, machinery, tools,
apparatus, and transportation and perform all of the work shown on the Drawings and
described in the Project Manual entitled:
CHURCH STREET (S.W. S9TH PLACE) IlOP^ROVEM NTS — PHASE 3
(S.W. 69M STREET TO S.W. 66MSTREET)
as prepared by Williams, Hatfield. & Stoner, Inc. acting as, and in the Contract
Documents, entitles the Owners Engineer, and shall do everything required by this
Contract and the other Contract Documents.
i" tk
A. The Owner 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, as follows:
$. Eased upon the price shown in the Proposal heretofore submitted to the Owner by the
Contractor, a copy of said Proposal being a part of these Contract Documents, the
aggregate amount oqf this Contract is the sum of Tyre l4wndred Fa 4 y fn�ea "i.. Bawd rl na t{u(vui
�cvcyr}�,�'wa 4at4us 5 iwets��ee -Dollars ($. 2.��. t'i•7.• t3 ).
etnlx
COMMENCEMENT AND COMPLETION OF WORK
k The Contractor shall commence work on the date established in the Notice to Proceed.
• The Contractor shall prosecute the work with faithfulness and diligence and shall
complete the work not later than One Hundred & Twenty (120) calendar days after the
commencement date established in the Notice to Proceed.
00500 -1
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 items 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 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 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.
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 ay authorized
extension thereof, there shall be deducted from the compensation otherwise to be paid
to the Contractor, and the Owner will retain as liquated damages the amount of
One Thousand Five Hundred dollars ($1,500.00) per calendar day 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 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
damage sustained by the Owner in the event of such default by the Contractor.
00500 -2
B. For the purposes of this Article, the day of final acceptance of the work shalt be
considered a day of delay, and the scheduled day of completion of the work shall be
considered a day scheduled for production,
• t t
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:
3
Within 60 days after receipt of the Contractor's 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 Enginecr, for work
performed during the preceding calendar month, less ten percent (10%) of 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 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
that may be 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 by the Owner.
^•• • t• IF
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, furnish an additional bond
or bonds, in such form and amount, and with such 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 faidtfitl performance of the
work shall be furnished in the manner and form satisfactory to the Owner;
SOVEREIGN ZiMUIVITY 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.
ITI• ►
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
proceeding by either party. 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 shalt be enforceable as settlement agreements in the
circuit court for the 11th Judicial Circuit for the State of Florida.
SIGNATORY AUTHORITY
The officials executing this Agreement warrant and represent that they are authorized
by their respective agency to enter into a binding agreement.
LIENS
Contractor is prohibited from placing a lien on the City's property. This prohibition
shall apply to, inter alia, all subconsuitants and subcontractors, suppliers and labors.
IVACORPORATE BY REFERENCE D• 1 • r IN PROJECT
MANUAL
The contract enclosed within the "Project Manual for Church Street: Improvements —
Phase 3 — City of South Miami, City's BID No.:C1 6 -0525 " 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.
TRANSFER AND ASSIGNMENT
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:
The Contractor shall not assign, transferor 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
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.
1 t 1,1-;:
1 i �' ! • i i i'.6
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.
The Contractor agrees to include in the first -tier subcontracts under this contract a
clause substantially the same as subparagraph M.A. above. "Subcontract." as used in
this clause, excludes purchase order not exceeding $10,000.
The right to access and examination of records in subparagraph 14.A. shall
continue until disposition of any mediation, claims, litigation or appeals.
All documents, reports, plans, specifications or other records, including electronic
records, resulting from the professional 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 Statues 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.
et'•.t
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 unenforoable any other section or part of any section of this
contract.
CONTINGENCY FEE AND CODE OF ETHICS WARRANTY
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.
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.
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.
a
it li
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.
The contractor is furnishing its services as an independent Contractor and noticing in
this contract shall create any association, partnership or joint venture between the
parties, or any employer- employee relationships.
S WltEREOF the parties hereto have executed this Agreement on the day and date first
r in five (S) counterparts, each of which shall, without proof or accounting for the other
be deemed an original Contract.
�' as
and attest by
City of South Miami,
Party a First Part
r
By: i
city ger
Contractor
Party of the Second Part
Title
{Z,taA"On %i"tx: t5 -44x^ ti 2`t5
the event that the Contractor is a Corporation, the following certificate of resolution of the Board
xtors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall
Mleted.
Church Street Improvements — Phase III
BACKGROUND & RECOMMENDATION
City's Bid No. CI06 -0526
BACKGROUND:
The proposed Church Street Improvements — Phase III is the third phase of the Church Street
Infrastructure Improvement Master Plan. The construction project will consist of drainage
system adjustments, roadway resurfacing, wider sidewalk, landscaping, streetlights and
Pavement marking. The improvements will be performed from SW 68th Street to SW 66th Street.
After Public Works Department secured funding for the project, the project was immediately
advertised in the Miami Daily Business Review on Monday, April 24, 2006. Four contractors
submitted sealed bids for the project. The bids were publicly opened the last day of bid submittal
(Friday, May 26, 2006) at 3:05pm. Since the bid opening, the Pubic Works Departments staff
has tabulated the bids, reviewed and evaluated all bids, verified bid bond and discussed the
project with the lowest responsible bidder (Homestead Concrete & Drainage, Inc.) to make sure
the scope of work is clearly understood as designed and specified,
Due to major increase in construction materials cost within the last 12 months, the lowest bid received
was more than available budget. As a result, staff had to "value engineer" project by removing items such
as, concrete pavers initially proposed at the intersections of SW 67th Street & SW 591' Place and SW 661"
Terrace & SW 59" Place. These changes reduced the construction cost by $92,854.70. As a result,
Homestead Concrete & Drainage's bid was reduced from $336,026.93 to $243,172.23. Attached is the
Revision to Bid Form Quantities & Cost executed by all parties.
This project will be funded through grants from Miami -Dade Office of Community & Economic
Development (FY 2006 CDBG grant), South Florida Water Management District grant and the City's
Community Redevelopment Agency (CRA). CRA already passed resolution number CRA 40 -06 -233 to
contribute $49,633 towards the construction project. The grant accounts' balance, before this request
and amounts to charge per this request are:.
Account Nos Current Balance Reauesflna Amount
106 -1724- 541 -3454 $170,730.00 $170,730.00
106 - 1712-536 -6437 $23,800 $22,809.23
610-1110- 513-6340 $49,633.00 $49,633.00
RECOMMENDATION:
It is recommended that the City Commission approve the resolution.
w •�,t
n
RESOLUTIONNO. CRA 40- 06_233
Off
1 i • it 19 i I i '..i 'JI I
i
BEAUTIPTCATION ACCOUNT) AND AUTHORIZING A BUDGET
TRANSFER IN THE AMOUNT OF $15,000 FROM ACCOUNT No.
610- 1110- 551 -9431 (MOBLEY BUILDING RENOVATION
ACCOUNT) TO ACCOUNT NO. 61- 1110 -5513 -6340
(INFRASTRUCTURE / CONSTRUCTION/ STREET
BEAUTIFICATION ACCOUNT) TO FACILITATE PAYMENT;
AND PROVIDING AN EFFECTIVE DATE,
s.• t•r w'I t .a r•• '• • .nt i,a' • t ii r. arts r
;t• •t•n i... rata -r # ! •nu a i- •Rlt -, :., .,. it.
l r %11 •
WHEREAS, The project consists of infrastructure improvements along Church
Street including new sidewalks, improvements to the existing drainage system, additional
landscappn& newly installed irrigation, roadway resurfacing, traffic calming elements and
new pavement markings; and
11 11111 'r: - 1 •a • • . • - r r •. , Y'-r •ur :rl
i.l a r- xt. Yt,_ n• •,Y r „ •. t: 11•r a Y•ra a'rr •. r �
1 r , Y " IM M • •r - Y • t • i � 1 i II • i • R ' ,L • 7
WHEREAS, the Public Works Department intends to award the project to the
lowest reapansive bidder, Homestead Concrete & Drain Inc. based on a project bid of
$243,172.23
WIIEREAS, the total amount of $49,633 will be charged to Account No, 610.
1110- 513 -6340 (Infrastructure /Construction Expenses/Street Beautification Account);
and
W13ERE.AS, the current available balance in Account No, 610 - 1110 -513 -6340 is
$34,633; and
Page] oft
CRA 40 -46 -233
WiUREAS, In order to initiate the above referenced funding disbursement, a
budget transfer in the amount of $15,000 will be required. from Account No. 610 -1110-
551 -9931 (Mobley Building Renovation Account) to Account No. 61- 1110 - 513 -6340
On&astrtructu re/Construction/ Street Beautification Account).
NOW THEREFORE BE IT RESOLVED BY THE COM[MUMTY
REDEVELOPMENT AGENCY OF 't CITY OF ! MM M. FLORIDA
Section 1. The South Miami Community Redevelopment Agency authorizes
the Executive Director to disburse finding in the amount of $49,633 to
Homestead Concrete & Drainage Iuc. for Phase 11 Construction ttion of the 550' Street
Improvement Project.
Section 2. The South Miami Community Redevelopment Agency authorizes
the Executive Director to initiate a budget transfer in the amount of$15,0()o from
Account No. 610 -1110- 551 -9931 (Mobley Building Renovation Account) to
Account No. 61 -1110 -513- 6340 (lnfzastructure/Constructionf Street
Beautification Account) to facilitate payment.
Section 3. This resolution shall take effect immediately upon adoption.
+I' , KIM
.IJ90
Board Vote:
6 -0
ChairFeliu:
"sent
Vice Chair Wiscombe:
Yea
Member Palmer
Yea
MemberBirts:
Yea
Member Beckman:
Yea
Member Ellis:
Yea
Member Williams:
Yea
J.,Wy Dwmnnb=ARt'SOLUTIONSI MMAR=Homatead Cm=te& Dmiue;o (Ch=hSftw)(09- 14.46 mwfm&).do
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