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Res. No. 168-09-12977RESOLUTION NO.: 168-09-12977 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH M. VILA & ASSOCIATES FOR CONSTRUCTION OF AMERICAN RECOVERY & REINVESTMENT ACT (ARRA) SUNSET DRIVE IMPROVEMENTS PHASE IV PROJECT IN AN AMOUNT OF $271,482.22 TO BE CHARGED TO ARRA GRANT AND THE 2008 -2009 PEOPLE'S TRANSPORTATION PLAN ACCOUNT NUMBERS 106 - 1770- 541 -6310 AND 124 - 1730 - 541 -3450 RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to provide infrastructure improvements along Sunset Drive from SW 63rtl Avenue to SW 65th Avenue, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with M. Vila and Associates for ARRA Sunset Drive Improvements Phase IV Project for an amount of $271,482.22. NOW, THEREFORE, BET RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the Mayor and City Commission authorize the City Manager to execute a construction contract with M. Vila & Associates for ARRA Sunset Drive Improvements Phase IV for an amount of $271,482.22. Section 2: That the project's construction cost shall be charged to the following accounts with the associated balances before this expenditure: Account No. Description Amount 106 - 1770 - 541 -6310 ARRA Grant $253,166.00 124 - 1730 - 541 -3450 PTP $18,316.22 Section 3. The attached agreement is made a part of the resolution. PASSED AND ADOPTED this 20th day of October 2009. ATTEST: APPROVED: ak CTTYCLERK— AYOR READ AND APPROVED AS TO FORM: CITY ATTORNEY COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: yea Commissioner Sellars: Yea Account Balance $253,166.00 $299,168.25 South Miami POAMPACalifty CITY OF SOUTH MIAMI 1111r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM —zoor To: The Honorable Mayor Feliu and Members of the City Commission Via: W. Ajibola Balogun, City Manager From: Jose Olivo, P.E. 9 . C Public Works & Engineering Department Rate: October 6, 2009 Agenda Item No.: Subject: Construction Contract with M. Vila & Associates for ARRA Sunset Drive Improvements Phase IV (from SW 63`d Ave. to SW 65th Ave.). Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH M. VILA & ASSOCIATES FOR CONSTRUCTION OF AMERICAN RECOVERY & REINVESTMENT ACT (ARRA) SUNSET DRIVE IMPROVEMENTS PHASE IV PROJECT IN AN AMOUNT OF $271,482.22 TO BE CHARGED TO ARRA GRANT AND THE 2008 -2009 PEOPLE'S TRANSPORTATION PLAN ACCOUNT NUMBERS 106 - 1770 - 541 -6310 AND 124 - 1730 -541 -3450 RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE, Request: Authorizing the City Manager to execute a construction agreement with M. Vila and Associates, for ARRA Sunset Drive Improvements Phase IV (from SW 63`1 Avenue to SW 651h Avenue.) Reason /Need: The intent of this project is to continue providing infrastructure improvements along Sunset Drive from SW 63rd Avenue to SW 65th Avenue in accordance with our Capital Improvement Plan for the Sunset Drive corridor from US 1 to SW 69th Avenue. The ARRA Sunset Drive Improvements Phase IV Project will provide for much needed paving and drainage improvements as well as widening of sidewalks, landscaping, irrigation all in keeping with the pedestrian friendly and traffic calming objective as well. The Notice of bid invitation for the construction bid was publicly advertised on Monday, July 27th, 2009, with pre -bid conference held Monday, August W , 2009. The sealed bids were publicly opened on Wednesday, August 26th , 2009. A total of eleven bidders responded with bids ranging from $271,482.22 to $747,035.00. Bid tabulations indicated that the apparent lowest bidder was M. Vila & Associates with a bid amount of $271,482.22. Consequently, we proceeded to work with our engineering consultant (TY Lin international /HJ Ross) to review the bid and check references for our lowest bid, which was deemed eligible. Attached is the letter of recommendation submitted by TY Lin International /HJ Ross recommending M. Vila & Associates as the lowest responsive bidder in an amount of $271,482.22. Public Works - Engineering staff has reviewed the bid documentation and concurs with the recommendation as provided by TY Lin International 1HJ Ross. Cost: $271,482.22. Funding Source: Total construction cost is $271,482.22 of which $253,166.00 will be charged to ARRA Grant account number 106- 1770- 541 -6310 with account balance of $253,166.00 and $18,316.22 will be charged to the 2008 -2009 People's Transportation Plan account number 124- 1730 -54'1- 3450 with account balance of $299,168.25. Backup Documentation: CJ Proposed Resolution Certified Advertisement of "Notice of Bid Invitation" Bid Opening Report Engineer's Letter of Recommendation Bid Tabulation Reference Check for Bidder Copy of Section 00500 (Contract). Project Location Plan i' mam Page 2 of 2 MiAMi DAiLY BUSINESS REVIEW PuMshad Daly excep[ Saturday, S unday arfd Legal HWldays Naml, Mlaml-Datle County, FiQrida STATE OF FLORIDA COUNTY OF MIAMI -OADE. Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advetisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI BID NO. 0109.0727 in the XXXX Court, was published in said newspaper In the Issues of 07!27/2009 Affient further says that the said Miami Daily Business Review is a newspaper published at Miami In said Miamf•Dade County; Florida and that the said newspaper has heretofore been continuously published In said Miami -Dade County, Fibdda, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the that publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secudna this advertisement for publication in the said Sworn to and subscribed 27 day of JULY , A.D. 2009 (SEAL) V. PEREZ personally known to me 4m;] c Stale aF Ftodde. armer stonD0193C90 9!2012 E 0 E a) CD o z z U i3 LL) LU ui 0 a_ �) e � G � R �) Ro) (1-11) (> �l ry� cl m 0 z 0 C3 U) z W w LLI C5 z w LU w < z 0 z z 0 w uj z 0 .6 Z D 0 z 2: ct) w z F- 0 D < w w 0 V) U) F- W z W LU U) z 0 D: Z) < w LU �3 z w F- 0 z 0 z OL U) 0 w z < �6 W 2 �� IL 0 0 w z < tj F- z z 0 0 Z z ca Zw c) 0 Z (D D ui 0 U 0 �"e) > L-L, w > < F- D < Z A LU D a- 0 O KS a o TY-UNINTERNATIONAL ( HJ ROSS engineers I planners I scientists September 1, 2009. Mr. W. Ajibola Balogun, REM City Manager City of South Miami 6130 Sunset Dr. South Miami, FL 33143 Re: ARRA Sunset Drive Drainage Improvements Phase IV Bid No. CI09 -0727 Dear Mr. Balogun, On August 26, 2009, bids for the above referenced project were received and publicly opened at City of South Miami City Hall. Eleven bidders responded with bids ranging from $ 271,482.22 to $747,035.00. The Balanced Average, omitting the highest and lowest bid prices, was $312,177.94. Attached is a copy of the Summary of Bid Documentation Review. The lowest bidder is M. Vila & Associates with a bid of $271,482.22. Attached is also a copy of the Bid Requirements Checklist for the Lowest Five Bidders. No irregularities were found in the lowest bidder's submittal. M. Vila & Associates has had satisfactorily previous working experience with the City. In addition, we also interviewed one reference which was satisfactorily rated above average by the contact person provided. Therefore, based on the above review of eligibility, we recommend the award of the contract to the apparent low responsive bidder, M. Vila & Associates, Inc. for an amount of $271,482.21 If you have any ques ' s, ease call me. ternati naUi ..Ross i Jose 0 r Eric. Summary of Bid Documentation Review 201 Alhambra Circle, Suite 900 1 Coral Gables, Florida 33134 1 7 305.567.1888 1 F 303,567.1771 1 w ..yJin,com \§ !() /(&5E \\ § \ §§:: \§§ �( )( ... § . §\ \ � §§ §§ \) . 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The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1— poor 2 — average 3 — above average 4- very good 5- excellent Reference given by: Reference check conducted by: Name & Title Pdvid Romano Name: R odv, R01,691-IC-14- Cens�i ✓c��7 /�1Na�a� -f" Ty�i�✓ �• vr�'2�.4r��lyitG,%�t.;l:.��sY' Address: 6Y61 ,red 196E /avrn c S./r31 20l �jha a� Grc%. csv,fC �G%D City /St/Zip pe 44"Vk� F>,nzs PG 3 '332 3 3J 3 y Telephone - Gdo- Date 3SH--V8eo_�1�41 _ If you have any question about this form, please calf (305)663 -6350. 1 2 3 4 5 Criteria A. Ab lity to complete ro'ect on Time B. Ability to stay witbin the budget C. Quality of work ✓ D. Financial standin if a licable E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor): F'DO7 _ '/� _ Sia�e RcL /l Con�iac r / aL ceCy°mi islY vl Reference given by: Reference check conducted by: Name & Title Pdvid Romano Name: R odv, R01,691-IC-14- Cens�i ✓c��7 /�1Na�a� -f" Ty�i�✓ �• vr�'2�.4r��lyitG,%�t.;l:.��sY' Address: 6Y61 ,red 196E /avrn c S./r31 20l �jha a� Grc%. csv,fC �G%D City /St/Zip pe 44"Vk� F>,nzs PG 3 '332 3 3J 3 y Telephone - Gdo- Date 3SH--V8eo_�1�41 _ If you have any question about this form, please calf (305)663 -6350. SECTION 00500 CONTRACT -HIS AGREEMENT, made and entered into this day of= 20 09 , A.D., by r✓een the City of South Miami, party of the first part (hereinafter sometimes. cafled the ), and M_VILA & ASSOCIATES INC party of the second part (hereinafter es called the "Contractor "). That the parties hereto, for the consideration hereinafter set forth, mutually as follows: 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 and described in the Project Manual entitled: SUNSET DRIVE IMPROVEMENTS - PHASE IV (SW 65`h Avenue to SW 63`d Avenue) CITY OF SOUTH MIAMI, FLORIDA as prepared by Corzo Castella Carballo Thompson Selman, P.A. acting as, and in the Contract Documents, entitled the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents, THE CONTRACT SUM 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: 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 Documents, the aggregate amount of this Contract is the lump sum of TWO HUNDRED SEVENTY ONE THOUSAND FOUR Dollars ($ 271 , 482. 22 ). HUNDRED EIGHTY TWO DOLLARS' &TWENTY TWO CENTS' 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 be substantially completed with the work not later than one hundred twenty (120) City of South Miami 00500 -1 Contract Sunset Drive Improvements Phase IV calendar days after the commencement date established in the Notice to Proceed. The work shall be completed and ready for final payment within sixty (60) calendar days from the date certified by City's Project Engineer as the date of substantial completion. 1.04 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 /orof 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 mayrequire the Contractor and /or his insurerto 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 tecover 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 Three Thousand City of South Miami 00500 -2 Contract Sunset Drive improvements Phase IV ($3,000.00) 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 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. 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. 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 Ownershall pay the Contractor as follows: 1. Within 60 days after receipt of the Contractor's requestfor 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, forwork 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. 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 shalt 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 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 does not waive sovereign immunity for any claim for breach of contract City of South Miami 00500 -3 Contract Sunset Drive Improvements Phase IV 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. 1.09 MEDIATION Any claim r 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 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 shall be enforceable as settlement agreements in the circuit court for the 11th Judicial Circuit for the State of Florida. 1.10 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. 1,11 LIENS Contractor is prohibited from placing a lien on the City's properly. This prohibition shall apply to, interalla, all subconsultants and subcontractors, suppliers and labors. 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "PrVect Manual for Sunset Drive improvements — Phase IV (SW 65th Avenue to SW 63` Avenue), City of South Miami, City's BID No.: C109 -0727 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. 1.13 TRANSFER AND ASSIGNMENT A. None of the work orservices 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 Contractorshall 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 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. City of South Miami 00500 -4 Contract Sunset Drive Improvements Phase IV 1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The City, or any of theirduly authorized representatives, shall, until 5 years afterfinal 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 1.14.A. 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 1.14.A. shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 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. 1.16 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 not render void, Invalid or unenforceable any other section or part of any section of this contract. 1.17 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 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. 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. 1.18 WARRANTY OF AUTHORITY City of South Miami 00500 -5 Contract Sunset Drive Improvements Phase IV 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. 1.19 INDEPENDENT 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. IN W ITNESS 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. (Seal) A st: Clerk d City's Resolution No. —/. z.9 -77 WITNESS: (if corporation, attach Seal and attest by Secretary) City of South Miami, Florida Party of the First P rt Rv Acting City Manager Contractor Party of the Second Part u VICE PRESIDENT Title City of South Miami 00500 -6 Contract Sunset Drive Improvements Phase IV iD AS TO FORM AND APPROVED AS TO FINANCE: By: ey Director lo ina ce City of S th Miami he event that the Contractor is a Corporation, the following certificate of resolution of the tf Directors of the Corporation, authorizing the officer who signs the Contract to do so in its ;hall be completed.. City of South Miami 00500 -7 Contract Sunset Drive Improvements Phase IV OF FLORIDA) ss 1( OF t HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of i n held on 0jj j 2 r J S t , 20q, the following resolution was duly passed and adopted: "RESOLVED, that ti ,n k I A V as a President of the corporation, be and he is hereby authorized to execute the Contract dated No`/��' %920J between the CITY OF SOUTH MIAMI, a municipal corporation; and this corporation, and that execution thereof, attested by the Secretary of the corporation and vAth 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 6i�day of Qy e jn6er, 201L. ecrdtary END OF SECTION City of South Miami 00500 -8 Contract. 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