Res. No. 138-08-12735RESOLUTION NO.: 138 -08 -12735
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, INC. FOR CONSTRUCTION OF SUNSET
DRIVE IMPROVEMENTS - PHASE 11 IN AN AMOUNT OF $523,826.15 TO BE
CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
GRANT ACCOUNT NUMBER 106-1726-536-6301; STORMWATER TRUST FUND
ACCOUNT NUMBER 111-1730-541-3450; THE PEOPLE'S TRANSPORTATION FUND
ACCOUNT NUMBER 124-1730541-3450; AND THE LOCAL OPTION GAS ACCOUNT
NUMBER 112-1730-541-3450; PROVIDING FOR AN EFFECTIVE DATE
WHOREAS, the Mayor and City Commission wishes to provide infrastructure improvements at
City of South Miami City Hall public parking, as well as on streets adjacent to City Hall and Public Library
(known as Sunset Drive Improvements-Phase 11), and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute a
construction contract with M. Vila & Associates for the Sunset Drive Street Improvements - Phase 11
project in an amount of $523,826.15.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION •
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: That the Mayor and City Commission authorize the City Manager to execute
construction contract with M. Vila & Associates for Sunset Drive Improvements - Phase I[ project in an
amount of $523,826.15.
Section 2: That the project's construction cost shall be charged to the following account
numbers with associated balances:
Account Number
Amount
Account Balance
106-1726-536-6301
$ 300,000.00
$ 300,000.00
111-1730-541-3450
$ 70,000.00
$ 72,957.60
124-1730-541-3450
$ 78,000.00
$ 80,000.00
112-1730-541-3450
$ 75,826.15
$ 76,822.50
Section 3. The attached agreement is made a part of the resolution.
Ale
I I A
PASSED AND ADOPTED this day of
APPROVED:
d-ITTY CLERK MAYOR
READ AND APPROVED AS To ORM: COMMISSION VOTE: 4-0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Wiscombe: Yea
.7� NEY Commissioner Palmer: absent
Commissioner Beckman: Yea
_____1
U `+
South Miami
rsii-ftao icc city
I V
° INCORPORATED CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER I
INTER - OFFICE MEMORANDUM 2 °Q1
Toe The Honorable Mayor Feliu and Members of the City Commission
Via: W. Ajibola Balogun, City Manager r
From: Jose Olivo, P.E.
Public Works & Engineering Department
Date: August 19, 2008 Agenda Item Noe:
Subject: Construction Contract with M. Vila and Associates, Inc. for Sunset Drive
Improvements — Phase 11
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, INC. FOR CONSTRUCTION
OF SUNSET DRIVE IMPROVEMENTS — PHASE II IN AN AMOUNT OF
$523,826.15 TO BE CHARGED TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) GRANT ACCOUNT NUMBER 106 -
1726- 536 -6301; STORMWATER TRUST FUND ACCOUNT NUMBER 111 -1730-
541 -3450; THE PEOPLE'S TRANSPORTATION FUND ACCOUNT NUMBER
124 - 1730 - 541 -3450; AND THE LOCAL OPTION GAS ACCOUNT NUMBER 112-
_ 1730 -541- 3450; PROVIDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to execute a construction agreement with M. Vila
and Associates, Inc. for the Sunset Drive Improvements — Phase II.
Reason /need: Sunset Drive Improvements Phase II Project will provide for much needed
paving and drainage improvements for existing City of South Miami City
Hall public parking, as well as for streets adjacent to City Hall and Public
Library. Sunset Drive Improvements Phase I & II had been publicly bid
previously to secure competitive prices. However due to limited funding at
the time of award, only Phase I of the project was approved and passed
by City Resolution No. 18 -08- 12615. Since then, the City has secured
additional funding to complete Phase II of the project and is now prepared
to authorize construction of Sunset Drive Improvements -Phase 11 to M.
Vila & Associates under the previously secured contract bid prices.
C�
$523,826.15
Funding Source: The construction cost for Sunset Drive Improvements -Phase II project is
$523,826.15. The construction cost will be funded as follows:
Account Number Amount Account Balance
106 - 1726 -536 -6301 $ 300,000.00 $ 300,000.00
111- 1730 -541 -3450 $ 70,000.00 $ 72,957.60
124 - 1730 - 541 -3450 $ 78,000.00 $ 80,000.00
112 -1730- 541 -3450 $ 75,826.15 $ 76,822.50
Page 2 of 2
Comm. Agenda Item No.:
August 19, 2008
Backup Documentation:
El Proposed Resolution for Sunset Drive Improvements Phase 11
El Approved Resolution No. 18-08-12615 for Sunset Drive
Improvements Phase I
El Sunset Drive Improvements Phase 11 Contract Bid Prices
El Engineer of Record's Letter of Recommendation for Sunset Drive
Improvements Phase 11
El Project Map
EI Copy of Section 00500 (Contract) for Sunset Drive Improvements
Phase 11
Page 2 of 2
10-111*4*0411a
Xlrolln-117W
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:
SUNSET DRIVE IMPROVEMENTS - PHASE L
(City Hall Improvements)
CITY OF SOUTH MIAMI, FLORIDA
as prepared by Corzo Castella Carballo Thompson Salman, P.A. 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 sixty (60) 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.
00500-1 1929-26
1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the sites for the work
to be pedbnnSd and has fU|k/ s8h5Mgd himself that such sites are correct and
suitable ones for the work to be performed and he aasUrnee fU|| responsibility
therefore. The pn)ViSinOS of this Contract Sh8|| control any inconsistent provisions
contained iO the specifications. All Drawings, Specifications and Contract items
contained in this Project K8aOUa| have been naed and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency fo[the work tD
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 orUOC8rtaintvhltheD or Project Manual shall beinterpreted
and construed bv 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/or of the Project
K88DUa| covering said vV0d{. Sh8|| not operate as a vV8iVe[ by the OvvDe[ of strict
compliance with the terms Of this Contract, and/or the Project K8aDU8|coVeriDQS8id
vv0rh; 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
vVod( or services, are found to be defective or to fail in any way to comply with the
D[@VViDgo and Specifications. This provision shall not apply to materials or
equipment OVr08||y expected to deteriorate or wear out and become subject to
normal repair and replacement before their condition isdiscovered. The Contractor
SheU not be required to do DOrD8| 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 Fep|8Cg any such dgheC[iV8 0@teh@|S 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 iOany event bg 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 DlWtUalk/ 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 tObe
paid to the Contractor, and the Owner will retain the @0OUOt Of Five Thousand
Dollars ($6,000.00) 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 isnot penalty, but iS
the stipulated amount of damages sustained by the Owner in the event of such
default by the Contractor.
00500-2 1929-26
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.
�'.l 1 11
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:
1. 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 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 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 IMMUNITY 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.
3
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
proceedings by either party. Both parties waive the right to arbitration. The parties
00500 -3 1929 -26
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 Sh8U be enforceable as settlement
agreements in the circuit court for the 11"'Judicial Circuit for the State ofFlorida.
1.10 1 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 ia prohibited from placing a lien OD the City's property. This prohibition
shall apply to, inter 8lix all aubcOOSUltanta and subcontractors, suppliers and labors.
1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT
MANUAL
The contract enclosed within the 11 (SW "P ROa|for ��VnSEtD[�e|rDp[OVeDleDtS-
Phase | �� KSM2 nd AVeOUgto US-1 and City Hall) Phase | & ||' City ofSouth
K8iG[ni, City's BID NO.: Cl 07-1205" and all attachments iOthe K88DWB| and the
Construction Drawings shall be incorporated by reference into the contract, as
exhibits tOthe contract. Between the contract and the attachments iO 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 O[ services under this contract shall be subcontracted beyond that
shown on List of Major Sub-Contractors /page 00300-4 of the F`ropOS80 VO|eSS
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' mds, errors or omissions.
B. The Contractor Sh@| not assign, transfer Or pledge any interest in this CDDtna[t
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 @ bank, trust CD0paOy. or other financial institution without the City's
approval. Written notice Of any assignment, transfer or pledge of funds shall be
furnished within 1O days by the Contractor t0 the City.
1.14 EXAMINATION AND RETENTION [)FCONTRACTOR'S RECORDS
A. The City, 0r any Of their duly authorized representatives, shall ,UOb}3years after final
payment under this contract, have access to and the right to examine any of the
Contractor's bnohe' |edgars, documents, papers, or other records involving
transactions related to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
B. The Contractor 8g[e8S to include in first-tier subcontracts under this contract 8
clause substantially the same aa subparagraph 1.14,4.above. "Subcontract," as
used iO this clause, excludes purchase' orders not exceeding $1O,OOO.
C. The right to access and examination of records in subparagraph 1.14�� Sh8U
00500-4 1929-26
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.
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.
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 WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
00500-5 1929-26
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 Resolution 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
-2
City Manager
Contractor
Party of the Second Part
M
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.
00500-6 1929-26
CERTIFICATE
(Sample)
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 20 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 120
Secretary
END OF SECTION
00500-7 1929-26
--------------------------
Engineers City Of South Miami
Architects Public Works Department
P I a n n e r s 4795 SW 75h Avenue
Miami, Florida 33155
EB0005022
AAC002142
Attention., W. AJIbola Balogun, REM
City Manager & Publb-- Works Director
Reference: Sunset Drive Improvements phase 11 (CRY Hall Improvements)
CRY of South Miami
Bid No. Cl 07-1205
C3TS Project No.: 1929-26
The bids for the above refere't ezi T rse, i papt wm me &-- n! �i- i I I v no i ent T: ig a 4 z, �g', - g I 4F i i e
plus Additive Bid Alternate (Phase 11). Due to budget constraints, the original City award did n :1
include the Additive Bid Alternate.
If you have any questions, or need additional information, please do not hesitate to contact o
office at (305) 445-2900. 1
Sincerely,
Corzo Castella Carballo Thompson Salman, P.A.
Ra on Cas 9laP.E.NWZ
Principal
X-101920-23 Suns D&m 1WWWWWtifte 05 Bid Co=d1w0ohARw Awont Left Prow 11.doc
901 Ponce de Leon 8W., Suite 900 Coral Gables, Florida 33134 305.445.2900 1.800.448.0227 Facsimile 305,445,3366
Web Site: www.c3ts.com Eoual OoDortunitv Emnlewmr
J
SUNSET DRIVE IMPROVEMENTS - PHASE I & 11
SW 62nd Avenue to US-1 and City Hall
CITY OF SOUTH MIAMI, BID NO. Cl 07-1205
C3TS Project No.: 1929-26
(This additive bid alternate encompasses all work described in the plans, specifications and contract documents
as Phase 11, and generally consists of improvements in and around the City Hall facility).
UNIT
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Roadway & Drainage (A -RDA Items
A-RD-1 Standard clearing & grubbing including
M
Name of Bidder SignatuvKof Bidder
00300-12 1929-26
demolition, removal and disposal of existing
pavement and base
I
L.S.
$ z 5;%
A-RD-2
Demolition, removal, disposal, and backfilling of
existing drainage systems
1
L.S.
$
A-RD-3
Demolition, removal and disposal of existing
sidewalk
1,364
S.F.
A"
A-RD-4
Demolition, removal and disposal of existing
concrete curb & gutter, curb or valley gutter
1,073
L.F.
'7,-25 �1316-75
A-RD-5
Utility and drainage manhole cover and valve
adjustment
1
L.S.
$
A-RD-6
Removal, pruning, cutting, disposal, relocation
and/or transplanting of all trees, shrubs and
groundcover as required
1
L.S.
$
A-RD-7
Pavement milling (V depth)
3,775
S.Y.
A-RD-8
5 -3 Asphalt overlay (1 " depth)
3,775
S.Y.
L_6-!570
A-RD-9
New asphalt pavement (including sub-grade
preparation, limerock base and asphalt)
3,163
S.Y.
$ 2.1--�l
A-RD-10
Type "F" colored concrete curb and gutter or
valley gutter
357
L.F.
e' • K-7 73
A-RD-1 1
Type "D" colored concrete curb
1,191
L.F.
Al- 2-3 12�2'2ZI2-
A-RD-12
Concrete filled steel bollards, including concrete
base.
2
EA.
$
M
Name of Bidder SignatuvKof Bidder
00300-12 1929-26
SUNSET DRIVE IMPROVEMENTS - PHASE I & 11
SW 62nd Avenue to US-1 and City Hall
CITY OF SOUTH MIAMI, BID NO. Cl 07-1205
C3TS Project No.: 1929-26
UNIT
ITEM
DESCRIPTION
QUANTITY UNIT
PRICE AMOUNT
A-RD-1 3
Concrete colored/gray sidewalk and driveway
aprons (4" thick, 6" at driveways), including cut
and fill, subgrade prep., colored concrete
handicap ramps, sidewalk finishes and
providing and resetting water meter boxes, etc.,
2,404 S
A-RD-14
Back of sidewalk area restoration (including
sod, landscaping & asphalt or paver driveways
and sidewalks, with edge concrete curbing, as
1 L.S.
$ 575, -2
needed)
A-RD-15
Colored concrete vehicular surface (9" thick)
including excavation, reinforcing steel and
subgrade preparation
2,590 S.F.
$ $
A-RD-1 6
Grass pavers in Sylva Mar-tin Parking lot,
including colored concrete walkway (including
4,453 S.F.
s 2�7.)G 2,014W I r
sub-grade prep. pavers, grass seed, etc.)
A-RD-17
Dedicated paver stones area in front of Sylvia
Martin Building (including paver stones, sand
bed, 4" concrete base, subgrade preparation,
657 S.F.
S $ 4-1
etc.)
A-RD-1 8
Exist catch basin - adjust frame and grate,
6 EA.
$
rebuild apron
_2
A-RD-1 9
TypeP'catch basin or manhole structure,
including structure, inlet, frame and grate ring
obi
and cover
6 EX
$
A-RD-20
5 ft. wide exfiltratlon trench
300 L.F.
$
A-RD-21
15" HDPE solid pipe
250 L.F.
$ $
Sub-Total A-RD Items
32
Pavement Marking & Signitig (A-PMS) Items
Stop including street name
A-PMS-1
R1-1 sign assembly,
7 EA.
signs.
A-PMS-2
4" white/yellow traffic stripe
2,266 L.F.
$
A-PMS-3 4" blue traffic stripe
200 L.F.
_-35
V I
7
6bidder
Name of Bidder
Signature
of
00300-13
1929-26
ggm
SUNSET DRIVE IMPROVEMENTS - PHASE I & 11
SW 62nd Avenue to US-1 and City Hall
CITY OF SOUTH MIAMI, BID NO. Cl 07-1205
C3TS Project No.: 1929-26
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT
PRICE AMOUNT
A-PMS-4
18" white traffic stripe
80
L.F.''
00 *4.
A-PMS-5
24" white ,traffic stripe
40
L.F.
J_ZL2(' $ 4V-d4'
A-PMS-6
H/C parking sign and pavement symbol
6
EA.
A"
A-PMS-7
Single parking Meter pole
2
EA.
V $ 1,?00.0o
A-PMS-8
Reflective pavement markers, as directed by
Dwarf Schefflera (3 gal, cans)
A-LI-1 3
Podocarpus (5' tall)
A-LI-14
Engineer
1
L.S.
A-PMS-9
Removal & relocation of existing signs
1
L.S.
$ 2 4�0, -c;tv s
Sub-Total A-PARS Items $J /0�,. /0
Landscaoenrrioation
(A-LI) Items
A-LI-1
Glaucous Cassia (10' tall x 5' spread, 5' CT)
A-LI-2
Bridalvell (12' tall x 4' spread, 2" cal.)
A-LI-3
Spindle Palm (12'tall)
A-LI-4
Royal Palm (18' tall)
A-LI-5
Christmas Palm (16'tall)
A-LI-6
Cocoplum (3 gal. cans)
A-LI-7
Wart Fern (1 gal. cans)
A-LI-8
Ficus Green island (3 gal. cans)
A-LI-9
Wax Leaf Privet (12' tall & 10' spread, treeform -
100
Florida Fancy
A-LI-1 0
Crown of Thorns (3 gal. cans)
A-LI- 11
Ixora Nora Grant (3 gal. cans)
A-L1 -1 2
Dwarf Schefflera (3 gal, cans)
A-LI-1 3
Podocarpus (5' tall)
A-LI-14
Bahama Firebush (3 gal. cans)
A-LI-1 5
Pentas (1 gal. cans)
/-7- VltA
Name of Bidder
9911
2
EA.
$ �6e"Lx,
$
8
EA.
$ %•50
2-40.00
4
EA.
J_LLO
9
EA.
3
EA.
$ 25�O�
100
EA.
$
$
80
EA.
Z/ ?
L_2f2- 6,6-
94,
EA.
Signature o 'Bidder
2
EA.
$ �6e"Lx,
$
32
EA.
$ %•50
2-40.00
280
EA.
J_LLO
368
EA.
32
EA.
L_IZ- _ael
58
EA.
$
80
EA.
Signature o 'Bidder
GRAND TOTAL (ADDITIVE BID ALTERNATE) IN FIGURES (LUMP SUM):
GRAND TOTAL - ADDITIVE BID ALTERNATE (WRITTEN) : Flt c-- W6eA1PW-
61(olmr-o 21��VTzl siv 06L4,&,,25 &10 lsl--r f:;t
Bidder:.
By: VIU,
Title-
Telephone: oaf" 12,2Z.* OC4
Fax:
00300-15 1929-26
SUNSET DRIVE IMPROVEMENTS - PHASE
I & il
SW 62nd Avenue to US-1 and City Hall
CITY OF SOUTH MIAMI, BID NO. Cl 07.1205
C3TS Project No.:
1929-26
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT
PRICE AMOUNT
A-LI-16
St. Augustine Sod
1,000
EA.
1 L22!c!t,L,,
A-LIA 7
Planting Soil
I
L.S.
JL /.00 /.
A-LI-1 8
Mulch
1
L.S.
I_Af/, $
A-LI-1 9
Irrigation system complete, including controller
vacuum breakers, and coordination with and
cost of MDWASD water meter, etc,
1
L.S.
45-25
Sub-Total A-Ll Items
57 _/6
Genera
Items'
A-G-1
Maintenance of traffic, including traffic control,
pedestrian-and vehicular access, signs,
barricades and flaggers, and off -duty police
officer, as required by Engineer, County and/or
city
1
L.S.
6�&00
A-G-2
Performance and Payment Bond
1
L.S.
A-G-3
Project Signs'
1
L.S.
$
A-G-4
Safety Act
1
L.S.
G
A-G-5
Advance exploration of existing utilities
1
L.S.
/- �-Jt
A-G-6
Record As-built drawings
1
L.S.
± z z_,j qZ. 4
A-G-7
Owner's Contingency
1
L.S.
50 000.00 $50,000.00
Sub-Total A-G Items
GRAND TOTAL (ADDITIVE BID ALTERNATE) IN FIGURES (LUMP SUM):
GRAND TOTAL - ADDITIVE BID ALTERNATE (WRITTEN) : Flt c-- W6eA1PW-
61(olmr-o 21��VTzl siv 06L4,&,,25 &10 lsl--r f:;t
Bidder:.
By: VIU,
Title-
Telephone: oaf" 12,2Z.* OC4
Fax:
00300-15 1929-26
RESOLUTION NO.: 18-08-12615_
WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements and
traffic calming along Sunset Drive from SW 62nd Avenue to US-1 (known as Sunset Drive Improvements
-� Phase 1); and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute
construction contract with M. Villa & Associates, Inc. for the Sunset Dove Improvements - Phase
project in an amount of $2,146,634.18,
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 City Commission authorize the City Manager to execute
construction contract with M. Villa & Associates, Inc. for the Sunset Drive Improvements - Phase I
project in an amount of $2,146,634.18.
Section 2: That the projects construction cost shall be charged to the following accounts with
the associated balances:
Account No." .
106-1726-536-6550
106-1727-536-6550
124-1730-641-3450
111-1730-641-3450
111-1730-641-6490
001-2100-519-3171
001-2100-519-9932
001-2100 -519-9920
I I n$o I I I
Page 3 of 6
Account Balance
$662,000.00
$298,477.00
$601,158.00
$162,357.60
$160,000.00
$176,000.00
$70,000.00
$199,040.41
-
2 of Res. No. 1 S-QB-�* 615
Secfio 3e The attached exhibit is incorporate by reference into this resolution.
— h ' 7
PASSED AND ADOPTED this C4 day of _a,� 2008.
7
LERK
Include File Name and Path
APPROVED:
COMMISSION VOTE: 5-0
Mayor Feliu:
Yea
Vice Mayor Wiscoinbe:
Yea
Commissioner Palmer
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
yea
�.. .90TAffl, "M
Y m CITY' OF SOUTH MIAMI
t OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
Front: W. Ajibola Balogun, REM, CFEA, Director
Public Works & Engineering Department
Date: February 5, 2008 Agenda Item No.:
Subject: Construction Contract with M. Villa & Associates, Inc. for Sunset Drive
Improvements — Phase 1
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. VILLA & ASSOCIATES, INC. FOR SUNSET DRIVE
IMPROVEMENTS — PHASE 1 CONSTRUCTION IN AN AMOUNT OF
$2,146,634.18 TO BE CHARGED TO FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION'S (FDEP) GRANT ACCOUNT NUMBERS
106 -1726- 536 -6550 AND 106 -1727- 536 -6550; THE PEOPLE'S
TRANSPORTATION PLAN (PTP) FUND ACCOUNT NUMBER 124- 1730 -541-
3450, STORM . WATER TRUST FUND ACCOUNT NUMBERS 1111730-541 -
3450 AND 111 -1730- 541 -6490, THE CITY'S MATCHING ACCOUNT NUMBERS
001 -2100 -519 -3171 AND 001 - 2100 -519 -9932; AND THE ENCUMBRANCE
RESERVE CARRY OVER FOR THE YEAR ENDED 09/30/07 FROM ACCOUNT
NUMBER'001 -2100 -519 -9920; PROVIDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to execute construction agreement with M. Villa &
Associates, inc. for Sunset Drive improvements -- Phase 1.
Reason /Need: in accordance with the adopted conceptual design for Sunset Drive
improvements, we have completed the final construction design plans
and bid phase analysis for the project.
In an effort to secure competitive prices, Phases 1 & 2 of the project were
advertised to bid, with phase II to be added or awarded for construction
when funding becomes available. The Notice of Bid Invitation for the
construction bid was publicly advertised on November 5, 2007 and
November 13, 2007, with pre -bid conference held on Monday, November
19, 2007. The sealed bids were publicly opened on Wednesday,
December 5, 2007. Five bidders responded with bids ranging from
$2,146,634.18 to $3,588,443.00 for phase 1. Although the Bid Opening
Report shows Solo Construction's bid as $1,979,897.50, but after
reviewing and tabulating the bids we found -out that Solo Construction
made a mathematical error, thus changing their bid to $2,289,897.50. We
have worked with our engineering consultant (C3TS) to review the rest of
the bids and check references. Attached is the recommendation letter
Page 1 of 6
submitted by C3TS recommending M. Villa & Associates, Inc. as the
lowest responsive bidder.
Cost: $2,146,634.18
Funding Source- Funding will be from the following account numbers:
Account No. Amount
106-1726-536-6550 $662,000.00
Account Balance
$662,000.00
106-1727-536-6550 $298,476.18
$298,477.00
124-1730-541-3450 $601,158.00
$601,15,8.00
111-1730-541-3450 $30,000.00
$162,357.60
111-1730-541-6490 $160,000.00
-$160,000.00
001-2100-519-3171 $175,000.00
$175,000.00
001-2100-519-9932. $ 70'000.00
$70,000.00
001-2100-519-9920 $150,000.00
$199,040-41
Backup Documentation:
El Proposed Resolution
El Bid Opening Report
El Tabulated Bids
El Certified Advertised Notice of Bid Invitation
El Engineer of Record's letter of recommendation
El Reference Check for the Contractor
El' Copy of Section 00500 (Contract) of the Project
manual
L3 The Project's Conceptual Design Plans
Page 2 of 6
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
�I,O.,
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. VILLA & ASSOCIATES, INC. FOR SUNSET DRIVE
IMPROVEMENTS — PHASE 1 CONSTRUCTION IN AN AMOUNT OF $2,146,634.18
TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION'S (FDEP) GRANT ACCOUNT LUMBERS 106 - 1726 -536 -6550 AND
106 - 1727 -536 -6550; THE PEOPLE'S TRANSPORTATION PLAN (PTP) FUND
ACCOUNT NUMBER 124 -1730- 541 -3450, STORM WATER TRUST FUND ACCOUNT
NUMBERS 111 - 1730 - 541 -3450 AND 111 -1730- 541 -6490, THE CITY'S MATCHING
ACCOUNT NUMBERS 001 - 2100 -519 -3171 AND 001 - 2100 - 519 -9932; AND THE
ENCUMBRANCE RESERVE CARRY OVER FOR THE YEAR ENDED 09130/07 FROM
ACCOUNT NUMBER 001 - 2100 - 519 -9920; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements and
traffic calming along Sunset Drive from SW 62nd Avenue to US -1 (known as Sunset Drive Improvements
— Phase 1); and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute a
construction contract with M. Villa & Associates, Inc. for the Sunset Drive Improvements — Phase 1
project in an amount of $2,146,634.18.
NOW, THEREFORE, BE D CITY COMMISSION OF
MIAMI, THE CITY OF SOUTH THAT:
Section 1: That the Mayor and City Commission authorize the City Manager to execute
construction contract with M. Villa & Associates, Inc. for the Sunset Drive Improvements — Phase 1
project in an amount of $2,146,634.18.
Section 2: That the project's construction cost shall be changed to the following ac6ounts with
the associated balances:
Account No.:
106 -1726- 536 -6550
106- 1727- 536 -6550
124-1730-541-3450
111- 1730 -541 -3450
111 -1730 -541 -6490
001 - 2100 -519 -3171
001 - 2100 -519 -9932
001 - 2100 -519 -9920
Amount
$662,000.00
$298,476.18
$601,158.00
$30,000.00
$160,000.00
$175,000.00
$ 70,000.00
$150,000.00
Page 5 of 6
Account Balance
$662,000.00
$29$,477.00
$601,158.00
$162,357.60
$160,000.00
$175,000.00
$70,000.00
$199,040.41
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Section 3: The attached exhibit is incorporate by reference into this resolution.
PASSED AND ADOPTED this day of 2008.
ATTEST:
,W]CM-4 "M
L
CITY ATTORNEY
Include File Name and Path
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe-
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman.
Bids were opened op.- Wednesday, December 5 200 at: 3:05pm
For: Sunset Drive Improvements Phase I & H -007-1205
Pre• Bid Estimate: $2.3M
CONTRACTORS:
DID AMOUNTS: -
City Clerk's
BWS HAVE BEEN COMPLETELY
REVIEWED.
K�VZ72ZMC
3. 7�
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MAI 6 A Ws -cO f r 2 i , /F
6..
7
7.
8.
9.
12.
13.
14.
15.
16.
17.
18.
19.
City Clerk's
BWS HAVE BEEN COMPLETELY
REVIEWED.
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Published Daily except Saturday, Sunday anc
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADS-
Before the undersigned authority personally appeared
O. V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -
NOTICE OF BID INVITATION - SID NO, C107-1205
in the XXXX Court,
was published In said newspaper in the issues of
11105/2007 11/13/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
C6unty. Florida and that the said- newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mall matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement-, and afflant 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 securing thK'advertfsem publication in the said
newspapepe' n 4e_
Sworn to and subscribed before me this
13
A. - 2007
(SEAL)
O. V. FERBEYRE personally known to me
MARIA 1, WIESr,
NOTARY PUBLIC STATE OF FLORIDI
9 Commission DD293855
Expires. MARCH 04, 2008
NOW69 OF BID, O
TATIN
Tile Citil' oS&u'th Miami wig t60
91v@ sea'W'�io56safij- nfil 3:o0 p.t local time; We8h6sd 2007 at tfis,City Gja�s b1f&
I SOdfli Miami Cit" Hall, al 3D'Spri4 et Prlvi:POuth Mfimi, N6Kda 3114; for thg to, loi
SUNSET DRIVE IMPROVEMENTS = PAASE I
(SW 6i26d AiFbilue to U's:11 and C a
Thgi"_ f... Suns*,
Project consis o the
62nd Avi�hue 'f6'
.US-1) arid also of T6 p,&,iA5' lotg-i et-Dri�e (fro'h S'i'
loodtod 4 also 8*6hjet Drive: d6uhdi6g City h6
N6ct,qIem6jjts Ificludedern6fitioni curt
Oralhag6;-'sydeivMks,-*Pavfng,:la6d,sraP'r)g; electrica
Irrigation, etas t Jumftu_ re. and &'ft'itectuiaj f6ajtjr6g.
E31ds_!1V1lI be ..6 pe I nod 'pdblicl y t
0 r* shortly .
e
'-3:05 P.m
6 it j Wpinbidaj, Do mber 12oo7 the So . .I City' Hall CGorrimiiil ri Chanb� 130''S niet 'Drive, Sol - Fiaddi
61d docUinenti may bd*obteJne
d"on or afidr Miiifiday; 146v&inb.r E;
20071rcirn South MlEiml City Hall, City Clerk's 6fflc,4, 6130 Sunset Drive
SOW Mkiml`i Florida 33143. A $1 &D
plans "a' n*'d* .00 non-Tefundable deposit get 0,
sPscifidations i� required.
The bid 'will 15e a, %aded to the lowestjr—espbnsible respdrisive bidder. If,
however, -the C IfY M* anagat deems it to be In ffie.best interest of th6'cjtp
-of South Miami, the City Of South Waml reserves the right t6 (eject any
land all bids, to waive any informaNtle
s or minor defpcts in any bids, aria to
increase ord&ceiitb.sD the quaribtlesshoiwn.in the Bid Form.
Bids, which contain lif'eguj,:rltles 'of 'any kind, 'may be'. rejected . as
informal.
A n6h-mandatbjy pre-bld c6nference' -will b'E3'held at South'Miami city
Hall, City Commission Chamber, 6130 Sunset Drive` ' '"South
Florida $3143, at 10:00 A_M. ,
Ioc2I tIM6:on Monday, Novembei 19th,
2007. All interested contractors are Invited to attend.
The City * *Of South Miami is -an I . 2quil* Opportunity Em . plaYei and
encburagBl�-the'parti6lpation Of obtlifiedblack MBE cdhtraictors:• -_
Maria M. Menendez, CMC
1115-1 City Clerk
07-B-13/913673M
January 25, 2008
I . City of South Miami
Engineers Public Works Department
Architects
P I a n n s 4795 SW 75h Avenue
Miami, Florida 33155
Attention: W. Ajibola Balogun, REM
Public Works Director & Assistant City Manager
Reference. Sunset Drive Improvements Phase 1 (62" Avenue to us-1)
City of South Miami
Bid No. CI 07-1205
C3TS Project Mo.- 1929-26
EBOODS022
AAC002142 Dear Mr. Balogun:
The bids for the above referenced project have been Carefully reviewed and the results have
been tabulated. Although at the Bid Opening on December 5, 2007 the apparent low bidder was
Solo Construction, their bid contained a significant mathematical error, which upon correction
displaced their rank as the lowest bidder., Solo Construction has been informed of, and has
acknowledged, their mathematical error on the bid.
The next lowest responsible, responsive bidder is M. Vila & Associates. We recommend that
the contract be awarded to M. Vila & Associates, Inc., in the amount of $2,146,634.18 for
Sunset Drive Improvements Phase 1; their construction experience is directly applicable to this
project, and their references were very favorable. We have contacted M. Vila &' Associates
regarding their position as the low bidder; they are looking forward to working for the City-on this
project.
If you have any questions, or need additional Information, please do not hesitate to contact me
at (305) 445-2900, or via e-mail at Rich-ardg@C3TS.com.
Sincerely,
Corzo Castella Carballo Thompson Salman, P.A.
Richard Blanco, P.E.
Project Manager
kkG2b18SdaZa1VNxedw0r1d01929 -26 SumelDdva JmpmvamanLsftar,: 05 Bid CoDrefiangonlRar Award Letter 2zlot:
901 Ponce cle Leon Blvd., Suite 900 Coral Gables, Florida 33134 305-445-2900 .1.800.448.0227 Facsimile 30S.445.3366
Web Site: www.c3ts.com
Equal Opportunity Employer
0 vmv -it
PROJECT:
PROJECT NO.:.' BID DATE:- Zoo
OWNER: 0-( spv-� ,
B DD D ER: v &i I-VI
RF,FERENCES:
1. Reference:. Fbcj —I 1r) (-;�- (",
Contact Person Listed: �(Xn- () Cak
Phone Number: -(,3tS) HCt� - 7- Fay, Number:
Address: MOO WA13 Uvim W6 ,
3,) t � /,1
Questions:
a) Did Contractor complete work? yes No
b) Was the work considered satisfactory? Yes No
c) Was the work completed on schedule? Yes No
d) Comments: (4)06
2. Reference: t i -kN ro •
Contact Person Listed: \,1 . C S M , Pf-A-U (kv
Phone Number: (9 69 ) q Z 1- Sq C) 0 — Fax Number:
Ad&ess:—Z71 V&A 901VA, Sj-fett-
J-Q,b Description: � .ti U0 k --w�w
--Lj�—.Vk cx-kAck
IWODGKI
Questions:
a) Did Contractor complete work? Gb Yes Na
b) Was the work considered satisfactory?
(17;-S-7) No
c) Was the work completed on schedule? Yes No
d) Comments: Yoqo� e V _.,? (I A _O�q _ejA
3. Reference- h2, rAft DD It
Contact Person Listed:
Ir- WCC tcc
Phone Number: Fax Number:
4p
Address:' -C.5 e)' Vi
Job Description: r a D 1-3 L-\j
Questions:
a) Did Contractor complete work?
b) Was the work considered satisfactory?
c) Was the work completed on schedule?
d) Comments:
N:\01314Medley\01314015 Wastewater Pacilities\0006-ConstAdrn & SSES Rept\Bids\C3TS Contractor Refcrnce Verification Cheo)distdor,
US'
No
es
No
es
No
N:\01314Medley\01314015 Wastewater Pacilities\0006-ConstAdrn & SSES Rept\Bids\C3TS Contractor Refcrnce Verification Cheo)distdor,
US'
Engineering & Construction Department
Contractor References
Based on Experience, Ability and Financial Standing
M, V C - is a potential contractor for
Dr. - � 7, -9: It is our practice to obtain
references from individual's and companies who have worked with a potential contractor. 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 goad 5- exceRent *
Reference given by:
lk�,f) /
Name & Title v k (
��DUTV-*
LA
Address: oyn [01A NP L
city/st/zip M -N , P L. 33 0
Telephone r3vf) Y —?,,3 C-P
�2
Date
Reference check conducted by:
Name: -Pauwo
(-, ?,
If you have any question about this form, please call (305)663-6350.
2
3
4
5
Criteria
A. Ability to complete project on time
B. Ability to stay within the budget
C. Quali ty of work
D. Financial standing (if applicable)
E. Experience in their line of work
Additional Comments (May indicate last project /transaction with contractor):
C
Reference given by:
lk�,f) /
Name & Title v k (
��DUTV-*
LA
Address: oyn [01A NP L
city/st/zip M -N , P L. 33 0
Telephone r3vf) Y —?,,3 C-P
�2
Date
Reference check conducted by:
Name: -Pauwo
(-, ?,
If you have any question about this form, please call (305)663-6350.
Engineering& Construction Department
Contractor References
Based on Experience, Ability and Financial Standing
\k -
,A
I q i � ss 0 % is a potential contractor far
the S–Qv1<-e kO(b\Akke�At DWA-S-Z It is our practice to obtain
,7� ah am
references from individuals and companies who have worted with a potential contractor. 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:
I – poor 2 – average 3-- above average 4- very good 5- excellent
2 3— 4
Criteria
A. Ability to complete projecton time
B. Ability to stay within the budget
C.Qual1ty of work
D. Financial standing (if applicable) WA
E. Experience in their line of work
Additional Comments (May indicate last project /transaction with contractor):
Reference given by: Reference check conducted by:
Narne& Title hAQ Ak Name: Tebt o-L cv-
C:V�� C4 kAW'.Otk')J a 3T S
Address- -7 1 ? VC, V-vA '( -r'
City/St/Zip
Telephone Nes
& q)
Date D-e J,73, 2-06?
If you have any question about this form, please call (305)663-6350.
Engineering & Construction Department
Contractor References
Based on Experience, Ability and Financial Standing
M4, a - 1 - MC t is a 'potential contractor for
the SO N 5C T DQ_ QONe Mz Y%, I T. It is our practice to obtain
references from individuals and companies who have worked with a potential contractor. 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:
I —poor 2 — average 3 — above average
4- very good 5- excellent
Reference given by:
Name & Title A
Jem� \1 _;O _Q Lt ac -::Z-
Address: vJ = VQ
city/st/zip
Telephone
Date
Reference check conducted by:
Name:
If you have any question about this form, please call (305)663-6350. ,
2
3
4
5
Criteria
A. Ability to complete project on time
B. Ability to stay within the budget
C. Quality of work
D. Financial standing (if applicable)
E. Experience in their line of work
Additional Comments (May indicate last project /transaction with contractor):
9,%�Cd[C4VV1 C19M
Reference given by:
Name & Title A
Jem� \1 _;O _Q Lt ac -::Z-
Address: vJ = VQ
city/st/zip
Telephone
Date
Reference check conducted by:
Name:
If you have any question about this form, please call (305)663-6350. ,
I
I
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I
IN
I
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I
I
ILL, 20.6E, A.D., by
THIS AGREEMENT, made and entered into this day of
I , fs
and between' the C' 0 th MIq I, p of the firs pa (hereinafter sometimes called the
"Owner"), and, M S, C,. -, party of the second part (hereinafter
sometimes called the "Contractor").
WITNESSETH: That the parties hereto, forthe consideration hereinafter set forth, mutually
agree as follows:
MIEN, =0.-.,
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 I & 91
(SVV 62 nd Avenue to US-1 and City Hall)
CITY OF SOUTH MIAMI, FLORIDA
as prepared by Corzo Castella Carballo Thompson Salman, P.A. 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 fait * hful 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 Cqntract Documents
h, lump sum of -T I"
the aggregate amount of this Contract i e
Dollars
I
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 two hundred seventy (27'0)
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
00500-1 1929-26
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 end
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 Owners 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/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 m a*nual 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 is 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,
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 Five Thousand
Dollars ($5,000.00) 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.
00500-2 192926
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 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, onth, 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
NVII
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 evont, 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.
il;lriirriii; ilzi m=!1rii;i;:l
The City does not v�aive 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.
Any clairh 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
00500-3 1929-26
1.10
1.11
1.12
1.13
1.14
0
[a
FA
proceedings by eit er party. Both parties waive the right to arbitration. The parties
shall share the me Jiator's fee and any filing fees equally. The mediation shall be
held in Miami-Dada County, Florida, unless another location is mutually agreed
upon. Agreemen:s reached in mediation shall be enforceable as settlement
agreements in the pircuit court for the 11'' Judicial Circuit for the State of Florida. ,
SIGNATORY AUTOORITY
The officials exe�uting this Agreement warrant and represent that they are
authorized by their respective agency to enter into a binding agreement.
LIENS
Contractor is prohi ited from placing a lien on the City's property. This prohibition
shall apply to, inter fia, all subconsultants and subcontractors, suppliers and labors.
INCORPORATE ERY REFERENCE DOCUMENTS ENCLOSED IN PROJECT
MANUAL
The contract enclo 3ed Within the "Project Manual for Sunset Drive Improvements —
Phase I & 11 (SW 62 d Avenue to US-1 and City Hall) Phase I & 11, City of South
Miami, City's BID No.: Cl 07-1205" and all attachments in the Manual and the
Construction Drawings shall be incorporated by reference into the contract, as
exhibits to the con, ract. Between the contract and the attachments in the manual;
the provisions oft e contract shall control should there be any inconsistency in the
documents.
TRANSFER AND ASSIGNMENT
None of the work 0 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 Oach provision of this contract and Contractor shall be responsible
and indemnify the Pity for all subcontractors' acts, errors or omissions.
The Contractors all 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 f rom 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. -
EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS
The City, or any of
payment under th
Contractor's boot
transactions relate
excerpts, and trar,
air duly authorized representatives, shall, until 3years afterfinal
contract, have access to and the right to examine any of the
ledgers, documents, papers, or other records involving
to this contract for the purpose of making audit, examination,
;riptions.
B. The Contractor agrees to include in first-tier subcontracts under this contract a
clause substantial y 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.
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. I
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.
gx*_TdF_110,��
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.
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.
00500-5 1929-26
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)
CleFW-eda M. Manen
WWI 25 11
WITNESS: (if corporation, attach
Seal and attest by Secretary)
I I U-1 W U0000 A I �b
City of South Miami, Florida
Party of the First Part
ktBy.
tt vn City Manager
Contractor
Party of the Second Part
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.
00500-6 1929-26
STATE OF FLORIDA)
ss
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of
wvlt-4 a corporation under the laws of the State of
held on 20�, the following resolution was duly
passed and adopted:
11aTiv V111A as
"RESOLVED, that i-A
en of the
corporation, be and he is hereby authorized to execute the Contract dated ,(, 20V3
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 thb
corporation this day of �t;3.
20_0L.
Secretary .
MIM F901MAMMM
00500-7 1929-26
I
11 M-7
Bond no. SU1026894
PERFORMANCE BOND
STATE OF FLORIDA)
COUNTY OF
Miami, -. ss
Dade
KNOW ALL MEN BY THESE PRESENTS, that M. Vila & Associates, Inc. as
Principal, hereinafter called Contractor, and Arch Insurance Company as Surety, hereinafter
called Surety, are held and firmly bound unto the City o f South Warn,
as Obligee, hereinafter Galled
Two Million oge Hundred Fon si� Thousand
Owner, in the amount of S:Lx Hundred T irty Four.. and 871 0 ----------- Dollars
($2_,146,634.18 for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and. severally, firmly by these presents.
WHEREAS, contractor has by written agreement dated
-Y - 00
2 -L_, entered into a
Contract with Owner for:
SUNSET DRIVE IMPROVEMENTS - PHASE I & If
(SW 62nd Avenue to US ®1 and City Hall)
CITY OF SOUTH MIAMI, FLORIDA
in accordance with Drawings and Specifications prepared by Corzo Castella Carballo Thompson
Salman, P.A. which Contract is by reference made a part hereof and is hereinafter referred to as the
Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH,- that, if the
Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions
of said Contract and his obligations thereunder and shall indemnify the owner and the Consulting
Engineer and save either or all of them harmless against and from all costs, expenses and damages
arising from the performance of said Contract or the repair of any work thereunder, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following
terms and conditions:
A. The Principal and Surety jointly and severally agree to pay the Owner any difference
between the sum to which the said Principal would be entitled on the completion of the
00610-1 . 1929-26
the Contract, and that sum which the Owner may be obliged to pay for the completion of
said work by Contract or otherwise, and any damages, direct or indirect or consequential,
which the said Owner may sustain on account of such work, or on account of the failure
of said Contractor to properly and in all things, keep and execute all of the provision of
said Contract.
B. And this Bond shall remain in full force and effect for a period of one (1) year from the
date'of acceptance of the project by the Owner and shall provide that the Contractor
guarantees to repair or replace for said period of one (1) year all work performed and
materials and equipment furnished thatwere not performed orfurnished according to the
terms of the Contract, and shall make good, defects thereof which have become
apparent before the expiration of said period of one (1) year. If any part of the project, in
the judgment of the Owner, for the reasons above stated needs to be replaced, repaired
or made good during that time, the Owner shall so notify the Contractor in writing. If the
Contractor refuses or neglects to do such work within five (5) days from the date of
service of such Notice, the Owner shall have the work done by others and the cost
thereof shall be paid by the Contractor or his Surety.
C. And the said Surety, for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive Notice of any change,
extension of time, alteration or addition to the terms of the Contract or to the work or to
the Specifications.
D. The surety represents and warrants to the Owner that they have a Best's Key Rating
Guide General Policyholder's Rating of A and Financial Category of
"Class XV
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their
J several seals, this A -,--day of 20 0� I A.D., the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
WITNESS: (if Sole Ownership or Partnership, two (2) Witnesses Required).
(if Corporation, Secretary Only will attest and affix seal).
00610-2 1929-26
% I I "?- 0, 1 r- t 11 f7 C' .
PRINCIPAL: M- Vila & Associates, Inc.
Signature of A6thorized Officer
(Affix Seal)
Title
12097 N.W. 98th Avenue
Business Address
Hialeah Gardens, Fl 33018
City, State ip Code
SURjF: Aro?h IpAuWrac fmpan,
Corporate Surety Uharles J- Nielson
Attorney -in- fact /Resident Agent
Title
One Liberty Plaza, 53rd Floor
Business Address
New York, NY 10006
City, State & Zip Code
Nielson & Company, Inc.
Name of Local Insurance Agency
00610-3
1929-26
IT WrT"
I �i OF I 09
1A -1111
fog 14- certify that I am the Secretary of the Corporation names as
Principal in the within Bond; that ]h la who signed the said bond on behalf of the
Principal, was the RV-S of said Corporation; that I know his signature, and his signature hereto
is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said
Corporation by authority of its governing body.
Secretary (Corporate Seal)
STATE OF FLORIDA)
Miami- SS
COUNTY OF Dade)
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Charles J. Nielson to me well known, who being by me first duly sworn upon oath,
says that he is the Attorney-in-Fact, for the
Arch.Insurance Company
that he
has been authorized by Arch Insurance Company to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of South Miami, Florida.
Sworn and subscribed to before me this 25 day ru y .2008A.®.
Qp�r �uy
Attorney)
official seal Notary Pubfie—State--of Florida
GICUL, PA10,, at Large
Nofarypub"61 Stal$OtFlorlda My Commission Expires:
MYCOMM Fxplrwan4 2oog
NOLD 370342
211111 9: 1 OV ,
00610-4
1929-26
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City,, Missouri (hereinafter referred to as the "Company') does hereby appoint
Mary C. Aceves, Warren. M. Alter, Charles D. Nielson, Charles J. Nielson and David R. Hoover of Miami Lakes, FL (EACH)
its true and lawful Atfomey(s)4n-Fact; i.o make, execute, seat, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and died:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and Undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all infdnts and purposes, as If the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company an March 3. 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect
'VOTED, That the Chairman of the Board, the Presidenk or any Vice President or their appointees designated in writing
and filed With the Secretary. or the Secretary shall have the power and authority to appoint agents and attomeys4ri-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity 'and other writings, obligatory in the- nature thereof, and any such
officers of the Company may appoint agents for acceptance of process,'
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the B6ard of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or ahV.*Vice President or their appointees
designated in writing and filed with the Secretiry, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney' or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power to exectit6d, . sealed and certified
with respect to any.bond or undertaking to which it is attached, shall continue to be.v'alid and binding upon the Company.
00ML0013 00 03 03
Page 1 of 2 Printed In U.S.A.
In Testimony Whereof, the Company has cawed this instrument to tie signed and its corporate seal to be aff xed by their
authorized officers, this 28th day of . Februay , 20 0Y Arch Insurance Company
Attested and Certified
iFAL
&Marfln J. N /sen,'Secretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Taus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance company, a
' d, subscribed toe foregoing instrument
corporation organized and existing under the laws of the State of MjI ssou
appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed,
,n Avoluntary act of said corporation and as
seated with the corporate seat and delivered the said Instrument as the free an o
their own free and voluntary acts for the uses and purposes therein set forth'.
Pl �R J. CALLEO, EM Peter J. C I M
Notary Public, state of NOW York et J. Cal Notary Public
iss n 0' ires
No. 02CASM335 my commiss n expires 5-03-2C DS
avaliflecl in NawYork County
CERTIFICATION Commission Expires May3. 2001$
-by certify that the attached Power of Attorney dated
1, Martin J. Nilsen, Secretary-of the Arch Insurance Company, do here, s* been In full force and effect
on behalf *of the person(s) as listed is a true and correct cop�'and that the same has
since the date thereof and is in full form and affect on the date of this certificate; and I do further certify that the said
Vice President, on the date of execution of the attached
Edward M. filets, who executed ft Power of Attorney as V t
Power of Attorney ' the duty elected Vice President of the Arch Insurance Conipany.
IN TESTIMONY WHEREOF, 1' have hereunto subscribed my name and affixed the corpora!p seat of the Arch insurance
Company on this day of
Martin J. itssn; Secretary
. Limits the acts ofthose named therein to the bonds and undertakings specifically narned.therein.
This Power of Attorney Ii "
and they have no auth61iiy to.binidthe Company excep t in the manner and to thd 'extent herein stated.
PLEASE S&DALL tLAlM INOUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS.
Arch Surety
3 Parkway, Suite 1500
Philadelphia, PA 19102
00MI-001 3 00 03 03
ance
CO3M,gWE
a SFAL
Printed In U.S.A.
STATE OF FLORIDA)
Miat� SS
COUNTY OF Dade
Bond no. SU1026894
KNOW ALL MEN BY THESE PRESENTS, that M. Vila & Associates, Inc. as Principal,
hereinafter called Contractor, and Arch Insurance Company as Surety, hereinafter
called Surety, are held and firmly bound unto the city of South Miami , as Obligee, hereinafter
called Owner, in the amount of Two Million One Hundred Forty Six Thousand
Six Hundred Thirty Four and 18/100 Dollars ($2,146,634.18 for the payment whereof
............
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated Krt . (A A-200 entered into a
Salman, P.A. which Contract is by reference made a part hereof and is hereinafter, referred to as1h.e
Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the
is
Principal shall promptly make payment to all claimants, as herein below defined, then this obligation
shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and
conditions:
A. A claimant is defined as any person supplying the Principal with labor, material and supplies,
used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work
provided for in said Contract, and is further defined in Section 255,05(i) of the Florida Statutes.
B. The above named Principal and Surety hereby jointly and severally agree with the Owner that
every claimant as herein defined, who has not been paid in full before the expiration of a period
00620-1 1929-26
I
period of ninety (90) days after performance of the labor or after complete delivery of materials
and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the
suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such
suit.
C. No suit or action shall be commenced hereunder by any claimant.
1. Unless claimant, other than one having a direct contract with the Principal, shall within
forty-five (45) days after beginning to furnish labor, Materials or supplies for the
-prosecution of the work, furnish the Principal with a notice that he intends to look to this
bond for protection.
2. Unless claimant, other than one having a direct contract with the Principal, shall within
ninety (90) days after such claimant's performance of the labor or complete delivery of
materials and supplies, deliver to the Principal written notice of the performance of such
labor or delivery of such material and supplies and the nonpayment therefore.
3. After the expiration of one (1) year from the performance of the labor or completion of
delivery of the materials and supplies; it being understood, however, that if any limitation
embodied in this Bond is prohibited by any law controlling the construction hereof such
limitations shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
4. Other than in a state court of competent jurisdiction in and for the county or other political
subdivision of the state in which the project, or any part thereof, is situated, or in the
United States District Court for the district in which the project, or any part thereof, is
situated, and not elsewhere.
D. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the
Owner may be compelled to pay because of any lien for labor or materials furnished for anywork
included in or provided by said Contract. .
E. The Surety, for value received, hereby stipulates and agrees that no change, extension of -time,
alteration of or addition to the terms of the Contract or to the work to be performed thereunder or
the Specifications applicable thereto shall in any way affect ' its obligations on this Bond, and the
Surety hereby waives notice of any such change, extension of time, alterations of or addition to
the terms of the Contract, or to the work or to the Specifications.
F. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide
General Policyholders rating of A and Financial Category of "Class
XV
IN WITNESS WHEREOF, the above bounded parties executed this instrument under their
several seals, this__�! day of a 20 Ok, A.D., the name and corporate sea[ ofe'ach
'corporate party being hereto affixed and these presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
10MM
IJ
I
WITNESS: (if Sole Ownership or Partnership, two (2) Witnesses Required).
(if Corporation, Secretary Only will attest and affix seal).
PRINCIPAL ;M;o Vila - && fAs ociates, Inc.
-11--- Signature of Authorized Officer
(Affix Seat)
ff
Title
12097 N.W. 98th Avenue
Business Address
Hialeah Gardens, FL 33018
City, State 1p Code
6ta Code
te & 1p
W1 SURET Arc Ins rVXo &pay
Surety rat Su
Corpora e urety arles J. Nielson
Attorney -in -fact) Resident Agent
Title
One Liberty Plaza, 53rd Floor
Business Address
N ew -York, NY 10006
City, Stag & Zip Code
Nielson & Company, Inc.
Name of Local Insurance Agency
00620-3 1929-26
k
certify that I am the Secretary of the Corporation named as
Principal in the within Bond; that Hattivl—V', 14 who signed the said bond on behalf of the
Principal, was then,
of said Corporation; that I know his signature, and his signature
hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said
Corporation by authority of its governing body.
Secretary
STATE OF FLORIDA)
COUNTY 0 F Miam - ss
Dadef
Corporate
07Z
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
Charles J. Nielson to be well known, who being by me first duly sworn upon oath, says.that
he is the Attorney -in` -Fact, for the Arch Insurance Company and that he
has been authorized by Arch Insurance ComRanV to execute the foregoing bond on behalf of the
Contractor named therein in favor of the City of South Miami, Florida.
Sworn and Subscribed o before me this 25 day Of February 20 08 A.D.
(Attach Power of A
GICELLE PAJON Notary iic - -��e of Florida
Notary Public, State of Florida at Larg�--'
My Comm ExpiteSjanil 2009
NO.DD a73342
WA. My Commission Expires:
END OF SECTION
00620-4
i
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws Of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Mary C. Aceves, Warren M. Alter, Charles D. Nielson, Cha'
rles J. Nielson and David R. 1-16over of Miami Lakes, FL (EACH)
its true and lawful Attorhey(s)4n-Fact; ter make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, an'd as its act and d6ed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit_
This authority does not permit the same obligation to be split into two or more bonds in order ter bring each such bond
within file dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all ini6nts and purposes, as If the same had been duty executed and acknowledged by its
regularly elected officers at its principal Office in Kansas City, Missouri-
This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors . of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Sectetary as being in full force and effect:
`VOTED, That the Chairman of the Board, the President; or any Vice President or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity 'and other writings, obligatory In the, nature thereof, and any such
officers of the Company may appoint agents for acceptance of process.g
I This Power of Attorney is signed, seated and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Bdard of Directors of the Company on March 3, 2003:
VOTED. That the of the Chairman of the Board, the President, or ahV. Vice President, or their appointees
designated in writing and filed' with the Secretary, and the signature of the Secretary, the deal of th6 Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors an March j, 2003, and any such powerso . . executed, 'seated and certified
with respect to any bond or undertaking to which it is attached, shall continue to bav'alid and binding upon the Company.
CM69MI-0013 00.43 03
e. Page 1 of 2
Printed In U.S.A.
is
rxed by their
in Testimony Whereof, the Company has caused this instrument to be signed and its corporate seat to be aff
authorized officers, this 2___ 8th of _ February_, 20 07
Arch Insurance Company
Attested and Certified
nee
0*0PATZ
&EAL
Martin J. Ni sen,'Secretapi
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
qce President
I Meter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
respectively as Vice President and, Secretary of the Arch insurance Company, a
be the same persons whose names are resPe foregoing instrument
Corporation organized and existing under the laws of the State of WlssOufl, subscribed to the foreg _
appeared before me this day in person and severally acknowledged that they being thereunto duty authorized signed,
sealed with the corporate seal and delivered the said instrument as the tee an voluntary act of, said corporation and as
y 4'
their own free and voluntary acts for the uses and purposes therein set forth.
P te J. Tic
PF-TER J. 6ALLEG, ESQ- Cal ry P
OFR Peter J. Cal ,notary PU tic
I
Notary PUbtle. State of NGWY a
My (.0 23-2C
No. 020AM9338 My core n expires 5-;�2008
ov:Jified In NawYork county
CERTIFICATION commission Fxplres May .3,2008
1, Martin J. Nilsen, Secretary-of the Arch Insurance company, do hereby cofy.that the attached Power of Attorney dated
of the person(s) as listed above is a true and correct copy and that the same has'been In full force and effect
on behalf d effect on the date of this certificate; and I do further certify that the said
since ' e the date thereof and is in full force an by as Mee President was on the date of execution of the attached
Edward M. Titus, who executed the power of Attorney
eyj President of the Arch Insurance Conlpany.
Power of Attom the duty elect6d'Vic:6 Presi
IN TEST[ . MONY WHEREOF, I* heive hereunto subscribed'my name and of the corpora ta seal of the Arch Insurance
Company on this _day of 20_-
Martin J. ilsen. Secretary
This Power of Attorney limits the acts of those named therein to the bonds and - undertakings specifically named,therein
and they have no authority to b. nthe Company except in the manner and to the extent herein stated.
, d I' *
PLEASE SEND'ALL i::Lmm INQ'UjRIES kl�TOG ` O THIS BOND TO T, HE FOLLOWING ADDRESS:
Arch Surety
3 Parkway, Suite 1500
Philadelphia, PA 191,02
I- ance
63 FEtI.
ODML0013 00 03 03 Page 2 of 2 Printed In U.S.A.
V- --- -
Fmm, brown & brown of Florida, Inc. To: Madefin Page: 213 Date: 2/28/2008 10:33:28 AM
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID CHI
DATE (MVvDDrYYYy)
TYPE OF INSURANCE
14VILA-'1
1 02/28/08
PRODUCER
UIVIT's
,
THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION
-
GENERAL LIABILITY
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
BROWN & BROWN OF FLORIDA INC
EACH OCCURRENCE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8000 GOVERNORS SQUARE BLVD 400
X
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
MIAMI LAKES FL 33016-1388
03/18/07
03/18/OB
�UL I U Ht:N I LIJ
PREMISES (Ea attreace)
Phone: 305-364-7800 Fax: 305-822-5687
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A C01MERCE AND INDUSTRY INS CO
—
i9410
$ 10 000
In'
PERSONAL & AOV 1IMIRY
INSURER B AMERICAN GUAFJUr= & LIAB INS
26247
M, VILA & ASSOCIATES INC
INSUREP C CCM�MRCZ AND IBMUSTRY 119S CO
19410
12097 NW 98TH AVENUE
GENEPALAGGPEGATE
INSURER D.
HIALEAH FL 33018
PRODUCTS - COMP170P AGG
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I
TRSR—
LTR
NSRD
TYPE OF INSURANCE
POLICY NUMBER
CTTVE
POUCY EXII
DATE (M r1'Y)
POLICY EXPIRATION
DATE JMMMDIYY)
UIVIT's
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A
X
X 01.11,,En, tAL C-EI;ERAL LIABILI!
GL1800011
03/18/07
03/18/OB
�UL I U Ht:N I LIJ
PREMISES (Ea attreace)
$ 100,000
00,
C L'I-iT. Fx-1 C."IC I,P
MED E7P (Arry one Person)-
$ 10 000
In'
PERSONAL & AOV 1IMIRY
1; 1,000,000
GENEPALAGGPEGATE
42,000,000,
PRODUCTS - COMP170P AGG
s 2,000,0001
',EtTi A,,GPEGATE LIMIT APPLIES PEP
Ppo
JEC T L---,:
AUTOMOBILE
LIABILITY
BDMIEeD 2GLE OMIT
-
$1,000,000 ,
CA8262630
03/16/07
03/38/08
(East cn
__-_._—.......-
BODILY INJURY
ALL (:NWED AUTOS
Sr.HECOLEC. ALIT_iF-
(per perann)
$
BODILY INJURY
HIPECI ALIT 0S
I ",-WOWNEE, -Ul OS
X
PROPERTYCAMAGe
(Per accident)
..GE U..'
AUTO ONLY - FA ACCIDENT
OTHER THAN EA AICC
ANY AUTO
$
$
AUTO ONLY ACG
EXCESSUMBRELLA LIABILITY
EACH OCCURRENCE
00
$ 3,000 1:04
3
KI OCCOR CL,-jnISt'V'r'E
AUC9258641-00
03/18/07
03/18/08
AGGREGATE
-1 3, 000, 000
'--T
DEDUCTIBLE T:
X P
F :ETE.11'O. $10,000
WORKERS COMPENSATION AND
TWCSA
yT"1T11- 0TH-
'
]
-C
EMPLOYERS' LIAB.,
1593307
06/01/07
06/01/08
EL EACH ACC40ENT
__
s500,000
�Nv PP.CIPRIET"PJPAP.INEP.,E'<El�-I)IlYr:
EL DISEASE - EA, EMPLOYEE
I$ 5OO' 000H
OFFICEPiMEMBEP EyrLi.-['ED^
nc5uiba unme,
PP.'iv0ONS below
EL DISEASE. POLICY LIMIT
1$500,000
OTHER
DESCRIPTION OF OPERATIONS i LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: Bid #CI 07-1205 - Sunset Drive Improvements - Phase I & II (SW 62 Ave to
USI & City Hall) ; City, of South Miami and C3TS are Additional Insureds, when
required by written contract, with respects to General Liability only.
CERTIFICATE HOLDER CANCELLATION
CIT-143 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
5
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTE4
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
CITY OF SOUTH MIAMI IMPOSE NO OaUCATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS ACFNTS OR
6130 SUNSET DRIVE
SOUTH MIAMI FL 33143 REPRESENTATIVES.
*0 REPRESENTATIVE
ACORD 25 (2001108) 1 @ ACORD CORPORA
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