Res. No. 033-07-1241811
RESOLUTION NO. 33-07-12418
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
A SERVICE WORK ORDER WITH T.J. PAVEMENT FOR TRAFFIC CALMING
IMPROVEMENTS AT THE INTERSECTION OF SW 58TH TERRACE & SW 64TH
AVENUE IN AN AMOUNT OF $58,658.00 TO BE CHARGED TO ACCOUNT
NUMBERS 124 - 1730 - 541 -3450, 124 -1730- 541 -4640 AND 112 -1730- 541 -3450;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Mayor and City commission wishes to provide much needed traffic calming along
SW 64 h Avenue at SW 58th Terrace, and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute a
construction contract with T J Pavement for the construction of traffic calming device in an amount of
$58,658.00.
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 T J Pavement for the construction of traffic calming device in an amount of
$58,658.00.
Section 2; That the project's construction cost shall be charged to account numbers124-1730-
541 -3450, 124 - 1730 -541 -4640 AND 112- 1730 - 541 -3450 with account balances of $201,800, $9,485 and
$70,000, respectively.
Section 3. The attached exhibit is by reference into this resolution.
PASSED AND ADOPTED this &-� day ofd ---- -- , 2007. _ 4
ATTEST: APPROVED:
C`11 CLERK
READ AND APPROVED AS TO FORM:
L 4,/L-
Figderedo,
in Gallop & Figueredo, P.A.,
Office of City Attorney
COMMISSION VOTE. 5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea.
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
11
a
South Miami
aaamerica City
CITY OF SOUTH MIAMI
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
From: W. Ajibola Balogun, REM, CFEA, Director
Public Works & Engineering Department
Date: March 6, 2007 Agenda Item No.:
Subject: Construction Contract with T J Pavement for the construction traffic calming
device at the intersection of SW 58th Terrace & SW 64h Avenue.
Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A SERVICE WORK ORDER WITH T.J. PAVEMENT FOR
TRAFFIC CALMING IMPROVEMENTS AT THE INTERSECTION OF SW
58' TERRACE & SW 64' AVENUE IN AN AMOUNT OF $58,658.00 TO BE
CHARGED TO ACCOUNT NUMBERS 124 - 1730- 541 -3450, 124- 1730 -541-
4640 AND 112- 1730 -541 -3450; PROVIDING FOR AN EFFECTIVE DATE
Request: Authorizing the City Manager to execute construction agreement with T J
Pavement for the construction of traffic calming device at the intersection of SW
58th Terrace & SW 64th Avenue.
Reason /Need: This proposed improvement will provide much needed.1raffic calming
improvements along SW 64th Avenue. After much review of the traffic and
safety related issued along SW 64th Avenue, we met with neighborhood
residents to discuss . the proposed improvements. The residents
overwhelmingly accepted our proposed improvement. Attached is a
sketch of the traffic calming plate proposed for the SW 64" Avenue & SW
58t1 Terrace intersection. The project will be funded from Public Works
Department's accounts, as follows:
Request Current Balance
o 124- 1730 - 541 -3450 $20,545 $201,800
o 124 - 1730 -541 -4640 $9,485 $9,485.00
o 112- 1730 -541 -3450 $28,658 $70,000.00
Cost: $58,658.00
Funding Source: Public Works Department's account numbers124- 1730 - 541 -3450, 124 -
1730- 541 -4640 AND 112 -1730 -541 -3450.
Backup Documentation:
❑ Proposed Resolution
❑ Bid Opening Report
❑ Tabulated bids from 3 sealed bids
❑ Copy of Section 00500 (Contract) of the Project Manual
❑ Sketch of proposed traffic calming device.
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SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this 15t1lay of V%Ar(A , 20.x, A.D.
by and between the City of South Miami, party of the first part (hereinafter sometimes called the
"Owner "), and TJ Vn ycm c i+ C6 t J2 . , 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
WHEREAS: the Owner desires to engage the Contractor to perform services as stated
herein:
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
Igo]
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 entitles:
Traffic Calming Improvements at the Intersection of SW 58a' Terrace & SW
64a` Avenue
as prepared by the City of South Miami and in the Contract Documents, entitles
the City, 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 sum of Fifty eight thousand, six
hundred, fifty -eight dollars ($58,658.00).
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
complete the work not later than ninety (901 calendar days after the
commencement date established in the Notice to Proceed
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 fall responsibility
therefore. m The provisions of this Contract shall control any inconsistent
provisions contained in the specifications. All Drawings, Specifications and
Contract items contained in this Project Manual have been read and carefully
considered by the Contractor, who understands the same and agrees to their
sufficiency for the work to be done.. It is expressly agreed that under no
circumstances, conditions or situations shall this Contract be more strongly
construed against the Owner than against the Contractor and his Surety.
B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be
interpreted and construed by the Owner's Engineer and his decision shall be final
and binding upon all parties.
C. It is distinctly understood and agreed that the passing, approval and/or acceptance
of any part of the work or material by the Owner, his Engineer, or by any agent or
representative as in compliance with the items of this Contract and/or of the
Project Manual covering said work, shall not operate as a waiver by the Owner of
strict compliance with the terms of this Contract, and/or the Project Manual
covering said work; and the Owner may require the Contractor and/or his .insurer
to repair, replace, restore and/or make to comply strictly and in all things with this
Contract and the Project Manual any and all of said work and/or services which
within a period of one year from and after the date of the passing, approval,
and/or acceptance of any such work or services, are found to be defective or to
fail in any way to comply with the Drawings and Specifications. This provision
shall not apply to materials or equipment normally expected to deteriorate or wear
out and become subject to normal repair and replacement before their condition is
discovered. The Contractor shall not be required to do normal maintenance work
under the guarantee provisions. Failure on the part of the Contractor and/or his
insurer, immediately after Notice to either, to repair or replace any such defective
materials and workmanship shall entitle the Owner, if it sees fit, to replace or
repair the same and recover the reasonable cost of such replacement and/or repair
from the Contractor and/or his insurer, who shall in any event be jointly and
severally liable to the Owner for all damage, loss and expense caused to the
Owner by reason of the Contractor's breach of this Contract and/or his failure to
comply strictly and in all things with this Contract and with the Drawings .and
Specifications.
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 _Eight hundred
Dollars ($800.00) 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 damage sustained by the Owner in the event of such
default by the Contractor.
B. For the purposes of this Article, the day of final acceptance of the work shall be
considered a day of delay, and the scheduled day of completion of the work shall
be considered a day scheduled for production.
1.06 PARTIAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth in the General Conditions, and
subject to additions and deductions as provided, the Owner shall pay the
Contractor as follows:
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.
0 yam:1UQa col ►r:Iw.10
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.
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.
City of South
Party of the Y
(Seal)
By:
ttest: City
ity Clerk
Maria M. Menendez
Party of the Seco& Part
WITNESS: (If c Mn, attach
Seal and attest bar S
By: 70S'G Al yn ne --i-
Title
APPROVED AS TO FORM AND
LEGALITY: --
City Attorn
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.
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 Florida , held on , 20_ _ _, the following
resolution was duly passed and adopted:
"RESOLVED, that
as
corporation, be and he is hereby authorized to execute the Contract dated
President of the
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
END OF SECTION
00500 -7