Res. No. 131-08-12728J
RESOLUTION NO.: 131 -08 -12728
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH HOMESTEAD CONCRETE & DRAINAGE, INC. FOR
CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS AT SW 67"
AVENUE /SW 64" STREET INTERSECTION IN AN AMOUNT OF $46,986.00 TO BE
CHARGED TO ACCOUNT NUMBER 001 -1790- 519 -6440; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements at the
intersection of SW 67th Avenue and SW 64th Street; and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute a
construction contract with Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at
SW 67th Ave. /SW 64th St. Intersection for an amount of $46,986.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH • D. THAT:
Section 1: That the Mayor and City Commission authorize the City Manager to execute
construction contract with Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at
SW 67th Ave. /SW 64th St. Intersection for an amount of $46,986.00.
Section 2: That the project's construction cost shall be charged to account number 001 -1790-
519 -6440 with current balance of $99,068.26
Section 3. The attached agreement is made a part of the resolution.
PASSED AND ADOPTED this day of 2008.
,
ATTEST:
...
CITY CLERK
READ AND APPROVED AS TO FORM:
ap
Include File Name and Path
COMMISSION VOTE: 4 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
absent
Commissioner Palmer:
Yea
Commissioner Beckman:
yea
4
South Miami
AH-flmefica City
1 9
Z.CO.RP.,RkTEII� CITY OF SOUTH MIAMI
7 92
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: W. Ajibola Balogun, City Manager _40WJ�
From: Jose Olivo, P.E.
Public Works & Engineering Department
Date: August 5, 2008 Agenda Item No.:
Subject: Construction Contract with Homestead Concrete & Drainage, Inc. for
construction of Traffic Calming Improvements at SW 67th Avenue/SW 64th Street
Intersection.
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 HOMESTEAD CONCRETE & DRAINAGE, INC. FOR
CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS AT SW 67th
AVENUE/SW 60 STREET INTERSECTION IN AN AMOUNT OF $46,986.00
TO BE CHARGED TO ACCOUNT NUMBER 001-1790-519-6440; PROVIDING
FOR AN EFFECTIVE DATE
Request- Authorizing the City Manager to execute a construction agreement with
Homestead Concrete & Drainage, Inc. for the construction of Traffic Calming
Improvements at SW 67th Avenue/SW 64th Street Intersection.
Reason/Need: The intent of this project is to provide infrastructure improvements at the
intersection of SW 67th Avenue/SW 64th St. The major improvement will
consist of installing vehicular brick pavers at the above referenced
intersection to work as a traffic calming device. The work will also include
milling and resurfacing, construction of concrete crosswalks and small
portions of sidewalk and curbing of the radii. It is our intent to award the
construction contract to Homestead Concrete & Drainage, Inc. , by
"piggybacking" on their existing contract for Church Street Improvements
Phase IV. By using the "piggybacking" method (using older prices), the
city will save approximately $11,250.00, when you compare the previous
contract unit price for brick pavers at $50.00/S.Y. versus today's
estimated unit price at $80.00/S.Y.
Cost: $46,986.00
Funding Source: Account No. 001-1790-519-6440 with account balance of $99,068.26
Page 2 of 2
Comm. Agenda Item No.:,
August 5, 2008
El Proposed Resolution
0 Prices submitted by Homestead Concrete & Drainage, Inc. for Traffic
Calming Improvements at SW 67th Ave. /SW 64th St. Intersection.
El Letter from Homestead Concrete & Drainage, Inc. agreeing to use
same prices from Church St. Improvements Phase IV for Traffic
Calming Improvements at SW 67th Ave. /SW64th ST. Intersection.
El Copy of Section 00500 (Contract) of the Project Manual
El The City's resolution approved for Church Street Improvements
Phase IV.
El Prices submitted by Homestead Concrete & Drainage, Inc. for Church
Street Improvements Phase IV project.
Q Project Plan
Page 2 of 2
S - *,�
THIS AGREEMENT, made and entered into this day of 20_, A.D., by
and between the City of South Miami, party of the first part (hereinafter sometimes called the
"Owner"), and party of the second part (hereinafter
sometimes called the "Contractor").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follows:
1.01 SCOPE OF THE WORK
A. The Contractor shall furnish all labor, materials, equipment, machinery, tools,
apparatus, and transportation and perform all of the work shown on the Drawings
and described in the Project Manual entitled:
TRAFFIC CALMING IMPROVEMENTS AT S.W. 67 TA AVENUE AND S.W. 64 TH STREET
INTERSECTION
CITY OF SOUTH MIAMI, FLORIDA
as prepared by TY LIN International/HJ Ross acting as, and in the Contract
Documents entitled the Owners Engineer, and shall do everything required by this
Contract and the other Contract Documents.
1.02 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
Dollars ($,
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 complete with the work not later than thirty (10) calendar days after the
commencement date established in the Notice to Proceed. The work shall be
completed and ready for final payment within thirty (30) calendar days from the date
certified by City's Project Engineer as the date of substantial completion.
1.04 CONTRACTOR'S ACCEPTANCE [)FCONDITIONS
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 prOVaiODS of this Contract shall control any iDCOOsiSt8Ot p[OViSioOS
contained iO the specifications. All D[@VVDgS, Specifications and Contract items
contained iO this Project MaDU8|h@V8b8eOng@dandC8nefuUycoDSideFedbythe
Contractor, who understands the same and agrees tO their sufficiency f0[th8 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 O[ uncertainty in the Drawings or Project Manual shall 68interpreted
and construed bv the Owner's Engineer and his decision shall be final and binding
upon all parties.
C. Itiadisbnctly understood and agreed that the passing, approval and/or acceptance
of any part of the work O[ material by the Owner, his Engineer, Orby any agent or
representative eGiD compliance with the terms Cf this Contract and/or Of the Project
Manual covering said work, shall not operate as a waiver b«the Owner ofstrict
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 BU 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 nf any such
work or Sen/iCea. are found to be defective or to fail in any way tO comply with the
Drawings and Specifications. This pnJViGi0O 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 oO 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, ifitsees 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 Contractors
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 D/\M/\E}E8
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 ti0e, or any authorized
extension thereof, there shall be deducted from the compensation otherwise to be
paid to the Contractor, and the Owner will retain the amount of One Thousand Five
Hundred Dollars ($1,600'00) 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 sUDl 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 vVD[k Sh8|| be
considered @ day 0f delay, and the scheduled day of completion 8f the work shall be
considered a day scheduled for production.
1.06 PARTIAL AND FINAL PAYMENTS
A. ID accordance with the provisions fU|k/ set forth in the General Conditions, and
subject to additions and deductions as provided, the Owner shall-pay the Contractor
as follows:
Within 6O days after receipt of the Contractor's request for partial payment by
the Owner, the Owner shall make partial payments to the Contractor, oOthe
basis of the estimate of work as approved h«the Owner's Engineer, for work
performed during the preceding calendar month, less ten percent (1O%) of
the amount of such estimate which i8 to be retained by the {}vvnar 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, Dlmtaha| 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
tobe acceptable by the Owner, final payment un 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.
'
A. Itks 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 tobe unsatisfactory, o[ if, for any reason, such bond(o) ceases {o
be adequate to cove[ the performance of the work, the Contractor shall at his
expense, and within three (3) days after the receipt ufNotice from the Owner todo
so, furnish. an additional bond or bonds, in such form and amount, and with such
sureties oe shall be satisfactory to the Owner. |n such event, Oo 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 {JvvOe[
1.08 SOVEREIGN IMMUNITY AND ATTORNEYS 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, induding, but not limited to
paralegal costs, and computer research costs. The parties shall not be liable for the
prejudgment interest.
Any claim ordispute arising out ofor related to this agreement shall be subject to
informal mediation as o condition precedent to the institution of legal or equitable
proceedings by either party. Both parties waive the right to arbitration. The parties
OO5OO-3
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.
LIENS
Contractor is prohibited from placing a lien on the City's property. This prohibition
shall apply to, inter alia, all subconsultants and subcontractors, suppliers and labors.
1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT
MANUAL
The contract enclosed within the "Project Manual for City of South Miami, Church
Street Phase IV" 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 or services under this contract shall be subcontracted beyond that
shown on List of Major Sub- Contractors .(page_ 00300-4 of the Proposal) unless
Contractor obtains prior written consent from the City. Approved subcontractors
shall be subject to each provision of this contract and Contractor shall be responsible
and indemnify the City for all subcontractors' acts, errors or omissions.
B. The Contractor shall not assign, transfer or pledge any interest in this contract
without the prior written consent of the City; provided, however, that claims for money
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.
1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS
A. The City, or any of their duly authorized. representatives, shall, until 3 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
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 nothing in
this contract shall create any association, partnership or joint venture between the
parties, or any employer-employee relationships.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
above written in five (5) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original Contract.
(Seal)
Attest:
City Clerk
City's Resolutioh No.
WITNESS: (if corporation, attach
Seal and attest by Secretary)
APPROVED AS TO FORM AND
LEGALITY:
City Attorney
City of South Miami, Florida
Party of the First Part
0
City Manager
Contractor
Party of the Second Part
By:
Title
APPROVED AS TO FINANCE:
By:
Director of Finance
City of South Miami
(*) In the event that the Contractor is a Corporation, the following certificate of resolution of the
Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its
behalf shall be completed.
[9] A — 'i, ,
Bil
STATE OF FLORIDA)
ss
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation under the laws of the State of
held on 120 , the following resolution was duly
passed and adopted:
"RESOLVED, that as President of the
corporation, be and he is hereby authorized to execute the Contract dated 20
between the CITY OF SOUTH MIAMI, a municipal corporation, and this corporation, and that this
execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall
be the official act and deed of this -corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
corporation this day of 20
Secretary
fflz�� WE
11M
8/1/2008
Homestead Concrete & Drainage
221 SW 4TH AVE
Homestead, FL 33030
(305) 248-9649 F: (305) 248-9650
Estimating Dep. Fax (305) 248-6436
City of South Miami 64th Street Improvements Project. Cit-y's Project No.
ROADWAY ITEMS
Item
Description
Quantity
Unit
Unit Price
Total
G-1
Dust Control
1
LS
$ 1,500.00
$ 1,500.00
' 00'00
G-2
Vehicular Brick Pavers w/ 2" (ASTRI C1272-Type F) Herringbone pattern, color
1
LS
$ 5,500.00
$ 5,500.00
G-3
1
#30103 (Terracotta) pattern angle: 45 degree to road alignment, including subgrade
1
LS
$ 686.00
$ 686.00
RD-10
preparation and resetting valve and manhole tops as necessary.
375
SY
$5,000.00
$ 5,000.00
$ 50.00
$ 18,750.00
RD
Stamped Integral Color-Class 11 Concrete (Crosswalks), including subgrade
-11
preparation and resetting valve and manhole tops as necessary
182
SY
$ 50.00
$ 9,100.00
RD-17
I Pull Boxes
31
EA
$ 1,400.00
$ 4,200.00
1 RD-19
jConduit Under Pavement (F&I
751
LF I
$ 30.00
1$ 2,250.009
Total Roadway
GENEPAL ITEMS
Item
Description
Quantity
Unit
Unit price
Total
G-1
Dust Control
1
LS
$ 1,500.00
$ 1,500.00
' 00'00
G-2
Maintenance of Traffic
1
LS
$ 5,500.00
$ 5,500.00
G-3
1
Performance and Payment Bond (2%)
1
LS
$ 686.00
$ 686.00
G-5
lContingency
1
LS
$5,000.00
$ 5,000.00
Total General Items
Total Contract Amount
Note: Contractor to verify quantities, contact FOR with any quantity discrepancies.
Review of HCD Construction Cost Proposal 7-31-08 (2)
City of South Miami
6130 Sunset Drive
South Mami, FL 33143
P.Q. Box 1273
Homestead, FL 33090
Phone: 305-248-9649
Fax: 305-248-9650
1�11i�ijiqiipiqi 11111 1�1� 11� qpiii�� jy�iq
Attention:
Ajibola Balogun
96dMAIrf
Homestead-Concrete & Drainage has reviewed the prices from phase 4 and
compared them with the new quantities provided for "Tmlfic Calming improvements at
SW 67'h Ave/SWOMb St. Intersection" and have agreed to perform the work and keep the
same prices used in phase • even though the wage have changed since phase 3 contract,
2s shown on the attached wage rate exhibit.
Sincerely,
Alfredo Cordero
President
REGDLQT[OWND.: 154-07-12539
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TD EXECUTE AN
AGREEMENT WITH HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CHURCH
STREET IMPROVEMENTS -PHASE |V CONSTRUCTION IN AN AMOUNT OF
$34O.4O4.18TOBE CHARGED T0M|AK8|-DADE COUNTY OFFICE OFCOK8&1UN|TY
6L ECONOMIC DEVELOPMENT (OCED) ACCOUNT NUMBER 106-1730'541-6302
AND ACCOUNT NUMBER 001-2100-519-9920; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements along
Church Street Improvement from SW 64 th Street to SW 66h Street, and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute m
construction contract with Homestead Concrete & Drainage, Inc. for the Church Street Improvements-
Phase IV project for an amount of $340,404.18.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That the Mayor and Oh/ Commission authorize the City Manager to execute
construction contract with Homestead Concrete & Drainage, Inc. for the Church Street Improvement -
Phase K/ project inen amount of$34O'4D4.18.
Section2: That the project's construction cost shall be charged to account numbers 106-1730-
S41-S302 and Ooi-210O_51S-QQ2Owith account `balances of$235.ODO and $S12.9OO`respectively.
Section 3. The attached agreement is made a part of the resolution.
PASSED AND ADOPTED this day of 2007.
[E�T: APPROVED:
CLERK MAYOR
M��� COMMISSION VOTE- 4-0
maymrFex/u: Yea
V�mMayor VV�combe Yea
�__-----
Commissioner Palmer. absent
C||Y �Y `~-~^ CommissionerBirts: Yea
Commissioner Beckman: Yea
Include File Name and Path
CHURCH STREET (S.W. 591, PLACE) INCPRG"T-AJENITS - Pffi-iSE 4
(S.W. 66"' STRE FT TO S. W. 64 h S T R R� r�, - r)
dry OF SGUTH N-RAMI, 131D NO. C107-0824
WHS PRO, Ecr Nco. 5714.00
IIITI�I?
_1
F-2
ITEIM
ITLM
2
iL4
S -TOTAL:
013ANIT
ELECTRICAL ITEN13
Irstall underground electrical conduit for
proposed ITL liditineysystem under pavement. ]?—()fj
fristatl Pull Loxes for pmpcscd
FEIL lighting, systurn. ti
SUB-TOTAL:
DESCRIPTION
STRERT AMNTENInFS ITM-49
FLrmi!;h and instill Prcfabricatcd benches
Fu,micAl an'j in5wit
Furnish Ind 1;13fall Cemcred Canopy
SUB-TOTAL.
UNIT
IT UNIT PRIfF
DESCRUMON 0tL_VN*rTTY
LANDSCAPING/IRRTGAITON ITEM.3
Furttish and immil Wax hismine 6.5 R
(Soil & ffiulE:h is included in Aleut cost)
Furnish and instill Kt�v Thatch P.0m 72
(Soil & mulch is included in plant cr"T)
I.Urnish WIL' ir5falf Silver Butvmv'�od 339
(Soil & mulch is includcd in p ant cost}
Ek". ish and install Spamish S-opper -,ft
WI-00-51
C, I 0D S ;3 (111 C`71C
G A
23
UWff
ITFNI
DESCRIPTION
QUANTITY
UN'TT
PRICIR
ANIGUNT
PAVR%fR'.N*'FSJ%dARKTNG a, SrGINING ITEMS:
EA
EA
S4
ITf A,
PMs- I
LIi-UYffemionaL Rejfte cdiv�: llaw;ntnt Markers
�[j
'RA
TINTS -2
12" Solid White Thcrimplastic Strip,-,
750
LP
S
S
IIIIIIS-3
6"Doubh" yellow'lliernloplaslic Stripe
400
LF
PNIS-4
2-1** IX' iLis Fj"hlTe-fhernl.N,!I:IS-'ZCS."Tlp Bar
5f1
LF
P1I4s-5
Si.m (Relc'cam)
4
EA
s c C'
IIITI�I?
_1
F-2
ITEIM
ITLM
2
iL4
S -TOTAL:
013ANIT
ELECTRICAL ITEN13
Irstall underground electrical conduit for
proposed ITL liditineysystem under pavement. ]?—()fj
fristatl Pull Loxes for pmpcscd
FEIL lighting, systurn. ti
SUB-TOTAL:
DESCRIPTION
STRERT AMNTENInFS ITM-49
FLrmi!;h and instill Prcfabricatcd benches
Fu,micAl an'j in5wit
Furnish Ind 1;13fall Cemcred Canopy
SUB-TOTAL.
UNIT
IT UNIT PRIfF
DESCRUMON 0tL_VN*rTTY
LANDSCAPING/IRRTGAITON ITEM.3
Furttish and immil Wax hismine 6.5 R
(Soil & ffiulE:h is included in Aleut cost)
Furnish and instill Kt�v Thatch P.0m 72
(Soil & mulch is included in plant cr"T)
I.Urnish WIL' ir5falf Silver Butvmv'�od 339
(Soil & mulch is includcd in p ant cost}
Ek". ish and install Spamish S-opper -,ft
WI-00-51
C, I 0D S ;3 (111 C`71C
G A
23
MhT
MICE
WMA'T
EA
EA
S4
ITf A,
T
PRICE
kNIOUINT
EA
S
S
LA
CHURCH STREET (SAV.S.91" PLACE) I MPRON-MMIENTS — PHAM 4
(SAN . (d,"' STREET TO SAN, 0"ST' ET")
CITY OF SGUTHNIff ANNU, M NO. C107-018,24
VN71S PROJECT NO6 5734M
BID FORM
Bld prices stated in the proposal shall include all costs and expenses for Iax-es, labDr, equipmew, rnatcrktts,
Mobilization, contractor's overhead aid profit, The quantities for payment under this CowracE will N-- deterniined
by actual MeaSUMIleVIL Of the completed items in placCt, ready Corr Service. and accepted by ibc Owner. Coatract
prices ft)r the various work iiem,& are. iritt.ri&d to t&tablisli a tot-at price for cmnpje-fing the project in its entireLy
Payment for any item not li.swd in the Did Form but shown in the plans shall 1)-z included in the proposal. All
woilk and incidental cosis shall be included for payment under the several schcduled items of the uvcral[ coriti-acc;
no separate or additional payfreem will be made_
LMT
miANTrTy
L,—M—T
PRI
AMOUNT
ROADWAY I'MMS-
-RD-t
Demolitioii, reniov.d and disp)sal
CA' existing
Iran
SY
.3 /s .5L,0-oo
RD-2
Demolition, Ternoval ani disporA
of existin Concrete. C-Lirb a gutter,
150")
LF
7-3,-5
("J- - 6,
RD-3
Priverrient Milling (depth varies - 2" max-)
j
150
S N,
a �-Cc�
RD-4
Clearing =A grublinig, includingdeniolition,
removal and disposal
behind new curb & puuer [in.-.
W)-5
V-rype S-3 A�phalr
Sy
S
f ),L
iffichiding Pavcmcnt Markir—Reptacement',
RD-6
Rack of sii:!ewa[k area retoration
i
LS
(&Cyj or asphalt)
RD-7
Type "F, concrete curb aod gutier
Mal
LF
Ram
Concrete Sidewalk 0' Hike, 6" it drivaways)7
focludin--- %obgadc prop. drivc,,vays, o5yop curbs,
handicap ramps. sidewalks firrisfits, and providing
S
1200
sy
00, 0 C>
RD -9
Vebicular Brick Pmvmg with 21"
—
(AST RI ('-1271 e F) Herringhona
pattern, color #30103 CTerracotta) pattern angle,
45 degfee to road aligmnett
RD-10
Miscetlanwus Concrete
35
Sri
RD. I I
Light Pole (Re.tacaie)
t
EA
RD-12
Drop Ifilos
7
EA
t , Ci- CK)
RD -13
Manhola'fbp Replacements
7
E3
$
RD-14
U CorrmanliA Pipe
io
LF
,SUB-TOTA-L,
6
B
ITENT
LL•5
LL-6
iTEIM
G-1
G-3
G-4
(j.4..
CHURCH S'F-Rb,€�,-F (S.W. 59"' PL: A CE) IMP ROVENEENTS - 11FLASE 4
( ' S. W. 66"' STR h El' TO S' -W. 64 h S'l - R S E-F)
CITY OFS-OUTA NLIT.AJUI, BID NO. 007-0,924
WMS PROJECT NO. i734A*
IMSCRIFF[O-N Q -1. ]A �NLr I ITT U N1 T TITU Cr AMOUNT
LANDSCAPMG/1-RRIGATION ITENAS
(Soil & Inulch is inc-laded in plant cuq)
Furnish and install Florida Thatch Palm 20
'Snil &
, mulch is included in plaw. cast)
Fvmi3li and insmlt cofnptctc irrigation S;ySttln
lr.dudingg MDWASI) MCICF iDSMIatiOrl t:batr,t;
and associated coca-dination
DFISC.'RHYrIGN
fv RN-3,-�k At I TR N-1 S
Dust Control (this activity to b,,t dcijjt�
everyday for the d LL-ata n of the Proj f-xt)
Maime-rianCr of Traffic, includini traffic
cr'la:Tol' Pt4fzrstfiati and Vclikutac acct. z'.is'
signs- barricnadeq, Daggers. and Off dill
police officer, as zequivei boy Bi)gb),t&r
17.1i'Vor City
Pcrformancc tmd payment and
South Miami Project Sign
Coat), r 'ff (: nry
SUB -T0rFAJ—.:
Grand Total t1ij Figures).
bos 'Z-Ot (0; -00
1 1710:
.m
- 11
Bid-du (Company Nam): A 0 Q
By (Repmseritivc):
TiLle:
Tetepholie: ax I
Signature:
00MIG-16
1: NJ le
OLIANTITY UMT
PRICE
A N—f OUNT
I LS
$
LS
t 0)"
3 FA
I US
S m(wax)o
S - Lo. L)OL')
s3'yo)
- 11
Bid-du (Company Nam): A 0 Q
By (Repmseritivc):
TiLle:
Tetepholie: ax I
Signature:
00MIG-16
SEMON 00500
CONTRACT
TIES AGREEMENT, made and entered into this IJ day of U6 C' 20 OT A.D. by and
etwe n th it of ouch iarru, party—of the first part (hereinafter sometimes called the "Owner"), and
party of the second part (hereinafter sometimes called the
"Contractor").
WHEREAS: Miami-Dade County through its office of Community Development has entered
into a contract with the Owner, and
WBEREAS: 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
aorree as follows:
1.01 SCOPE OF WORK
A. The Contractor shall furnish all labor, materials, equipment, machinery, tools,
apparatus, and transportation and perform all of the work shown on the Drawings and
described in the Project Manual entitled:
CHURCH STREET (S.W. 50TR PLACE) IMPROVENIE NTS — PHASE 4
S.W. 66TH STREET TO S.W. 64TH STREET
as prepared by Williams, Hatfield, & Stoner, Inc. acting as, and in the Contract
Docuni6hts, entitles the Owner's Engineer, and shall do everything required by this
Contract and the other Contract Documents.
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 o thelie J)ntra# 139curnentI, .the tic a,*.,
jgre�Tmou f on act is the sum Of TLVA/-,
a, this .'Dollars ($ ,
I z1a I waammax
A. The Contractor shall commence work on the date established in the Notice to Proceed.
B. The Contractor shall prosecute the work with faithfulness and diligence and shall
complete the work not later than One Hundred & Twenty (12(1) calendar days after the
commencement date established in the Notice to Proceed.
AI
MR N
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
g
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
Drawing Specifications. This provision shall not apply to materials or equipment
,,s and Specif'
non-nally expected to deteriorate or wear out and became 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 wort ii -ianship shall entitle the Owner, if it sees fit, to
re-place- or repair the same and recover the reasonable cost of such replacement and/or
repair from the Contractor and/or his insurer, who shall in any event be jointly and
severally liable to the Owner for all damage, loss and expense caused to the Owner by
reason of the Contractor's breach of this Contract and/or his failure to comply strictly
and in all things with this Contract and with the Drawings and Specifications.
1.05 LIQUIDATED DAMAGES
A. It is mutually agreed that time is of the essence of this Contract and should the
Contractor fail to complete the work within the specified time, or ay authorized
extension thereof, there shall be deducted ftrn 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 shall be
considered a day of delay, and the scheduled day of completion of the work shall be
considered a day'scbeduled for production.
1.06 1 PAIRTLAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth in the General Conditions, and subject
to additions and deductions as provided, the Owner shall pay the Contractor as follows:
I 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 Engineer, 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.
1.07 ADDIT ZONAL BOND
A. It is further mutually agreed between the parties hereto that if, at any time after the
execution of this Agreement and the Performance and Payment Bonds hereto attached
for its faithful performance, the Owner shall deem the surety or sureties upon such
bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to
cover the performance of the work, the Contractor shall at his expense, and within three
(3) days after the receipt of Notice from the Owner to do so, 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 aUvI=Y AND ATTORNTEY'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
0 - C,
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.
1416TUDIN
1.09 MEDIATION
Any claim or dispute arising out of or related to this agreement shall be subject to
informal mediation as a condition precedent to the institution of legal or equitable
proceeding by either party. Both parties -,vaive 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 I I'h Judicial Circuit for the State of Florida.
1.10 SIGNATORY AUTHORITY
The officials executing this Agreement warrant and represent that they are authorized
C,
by their respective agency to enter into a binding agreement.
C�
1.11 LIENS
Contractor is prohibited from placing a lien on the City's property. This prohibition
shall apply to, inter alia, all subconsultants and subcontractors, suppliers and labors.
1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT
MANUAL
The contract enclosed within the "Project Manual for Church Street Improvements —
Phase 4 — City of South Miami, City's BID No.:C107-0824 " 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 or services under this contract shall be subcontracted beyond that
shown on List of Major Sub-Contractors (page 00300-4) of the Proposal) unless
Contractor obtains prior written consent from the City. Approved subcontractors shall
be subject to each provision of this contract and Contractor shall be responsible and
indemnify the City for all subcontractors' acts, errors or omissions.
B. The Contractor shall not assign, transfer or pledge any interest in this contract without
the prior written consent of the City; provided, however, that claims for money 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.
00500-4
1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS
A. The City, or any of their duly atithorized representatives, shall, until 3 years after final
payment under this contract, have access to and the right to examine any of the
Contractor's books, ledgers, documents, papers, or other records involving transactions
related to this contract for the purpose of making audit, examination, excerpts, and
transcriptions.
B. The Contractor agrees to include in the first-tier subcontracts under this contract a
clause substantially the same as subparagraph 14.A. above. "Subcontract," as used in
C�
this clause, excludes purchase order not exceeding $ 10,000.
C. The right to access and examination of records in subparagraph 14.A. shall
continue until disposition of any mediation, claims, litigation or appeals.
1.15 OWNTERSBIP OF DOCUMENTS
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.
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 ETIUCS 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
Mian-d 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.
00500-5
[?"I
1.1 00 WARRANTY OF AUTHOkITY
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 WTI—NESS 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)
Attest:
?2'- 1
P0
"�y Clerk,
Maria M. Menendez
..R
6
WITNESS: (If corporation, aEEh: _j
Seal and attest by Secretary)
APPRO _ OP
LEG-A-LITY: M AND
J
City Attorney
City__af-S-6�uth Miami
City of South Miami,
Party of the First Part
Z
G4%nager
Contractor
Party of the Second Part
By:
Title
(*) In the event that the Contractor is a Corporation, the following certificate of resolution of the Board
of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall
be completed.
CERTIFICATE
(Sample)
STATE OF FL, RrDA )
ss
COUNTY OP�- -atu AA/1-
I HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation under the laws of the State of Florida , held
on, 20&1-, thefollowing resolution was duty passed and adopted:
"RESOLVED, that as President of the
corporation, be and he is hereby authorized to execute the Contract dated 20
between the City of South Miami .-a municipal corporation, and this corporation, and that this
execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall
be the official act and deed of this corporation."
I further certify that said resolution is now in fall force and effect.
IN WITNESS WBEREOF, I have hereunto set my hand and affixed the official seal of the
r-, 4,-
corporation this day of 'U L
— 1200
etary
END OF SECTION
11161#111H