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Res. No. 058-07-12443RESOLUTION NO. 58 -07 -12443 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH WILLIAMS PAVING CO., INC. FOR SNAPPER CREEK ROADWAY & DRAINAGE IMPROVEMENTS - PHASE Ill -B CONSTRUCTION IN AN AMOUNT OF $411,000.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) GRANT ACCOUNT NUMBER 106 - 1730 - 541 -6301 AND PUBLIC WORKS DEPARTMENT'S ENCUMBRANCE RESERVE CARRY OVER FOR THE YEAR ENDED 09/30/06 FROM ACCOUNT NUMBERS 124 - 1730 - 541 -3450, 111 -1730 -541 -3450 AND 112 - 1730 - 541 -3450; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wishes to provide drainage improvements and traffic calming along SW 80 Street from SW 58th Avenue to SW 62nd Avenue; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with Williams Paving Co., Inc. for the Snapper Creek Roadway & Drainage Improvements - Phase III -B project for an amount of $411,000.00. 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 Williams Paving Co., Inc. for the Snapper Creek Roadway & Drainage Improvements - Phase III -B project for an amount of $411,000.00. Section 2: That the project's construction cost shall be charged to SFWMD Grant Account No. 106 - 1730 -541 -6301, with account balance of $525,000.00 and Public Works Department's encumbrance reserve carry over for the year ended 09/30/06 from account numbers 124 - 1730 - 541 -3450, 111 -1730- 541 -3450 and 112- 1730 - 541 -3450 with account balances of $160,000, $25,000 and $5,000, respectively. Section 3: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this 3rd EST: �:...a 0! r °G'fTY CLERK` READ AND APPROVED AS TO FORM PYA76ANEY Include File Name and Path day of April 2007 A7ROVED: f MAYOR COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea South Miami hAd Ail- Ame�eaCitlr i I " 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 From: W. Ajibola Balogun, REM, CFEA, Dire r��- Public Works & Engineering Department Date: April 3, 2007 Agenda Item No.: Subject: Construction Contract with Williams Paving Co., Inc. for Snapper Creek Roadway & Drainage Improvements — Phase I11 -B Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT WITH WILLIAMS PAVING CO., INC. FOR SNAPPER CREEK ROADWAY & DRAINAGE IMPROVEMENTS — PHASE III -B CONSTRUCTION IN AN AMOUNT OF $411,000.00 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) GRANT ACCOUNT NUMBER 106 - 1730 -541 -6301 AND PUBLIC WORKS DEPARTMENT'S ENCUMBRANCE RESERVE CARRY OVER FOR THE YEAR ENDED 09/30/06 FROM ACCOUNT NUMBERS 124 -1730- 541 -3450, 111- 1730 - 541 -3450 AND 112 -1730- 541 -3450; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to execute construction agreement with Williams Paving Co., Inc. for the Snapper Creek Roadway & Drainage Improvements Phase III -B. Reason /Need: To provide drainage improvements and much needed traffic calming along SW 840i Street from SW 580' Avenue to SW 62nd Avenue. Cost: $411,000.00 Funding Source: $221,000 will be funded from SFWMD Grant Account No. 106- 1730 -541- 6301 with account balances of $525,000.00 and the balance will be funded from all Public Works Department's encumbrance reserve carry over for the year ended 09/30/06 from account numbers 124- 1730 -541- 3450, 111 -1730 -541 -3450 and 112 -1730 -541 -3450 with account balances of $160,000, $25,000 and $5,000, respectively. Backup Documentatior Proposed Resolution Bid Opening Report Tabulated Bids Certified Advertised Notice of Bid Invitation Engineer of Record's letter of recommendation Copy of Section 00500 (Contract) of the Project Manual Map of Project Area Snapper Creek Roadway & Drainage Improvements — Phase III -B BACKGROUND & RECOMMENDATION BACKGROUND: The proposed drainage improvements and traffic calming project is part our multi - funded capital improvement project carried -over from last year, due to late delivery of the grant documents from our funding agency. The construction project will consist of approximately 30 new drainage structures (catch basins), over 850 linear feet of exfiltration trench, construction of 2 traffic circles, pavedlraised intersection., re- grading of existing swale and asphalt resurfacing of the roadway. The improvements will be performed along SW 84th Street from SW 58th Avenue to SW 62"" Avenue. The project was advertised in the Miami Daily Business Review on May 31, 2006. Three contractors submitted sealed bids on or before Monday, July 3, 2006 (the last day to receive bids). The bids were publicly opened on Monday, July 3, 2006 at 3:05pm. Since the bid opening, the engineer of record has tabulated the bids, reviewed and evaluated all bids, verified references, verified bid bonds and discussed the project with the lowest responsible bidder (Williams Paving Co., Inc.) to make sure the scope of work is clearly understood as designed and specified. The Engineer of Record (Milian, Swain & Associates, Inc.) has submitted the attached letter of recommendation for Williams Paving Co., Inc. RECOMMENDATION: It is recommended that the City Commission approve the resolution. W BID OPENING REPORT ig27 R1 Bids were opened on: Monday. July 3, 2006 at: 3:05pm For: SnMer Creek Roadway & Drainage Improvements — Phase 3B _( CI06 -6703) CONTRACTORS: BID AMOUNTS: 1. Williams Paving Co. 4-11, D00 2. T. J. Pavement Corp. 44-7 t SLR 3. Pabon Engineering ©" 61 D 4. Budget Construction �jC> %f-C� 5. Leon's Engineering Corp. 6. 7. 8. 9. THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE B REVIEWED. ,�' City Clerk's Sign: V V\0 — I [ City of South Miami, Snapper Crook Roadway and Drainage Improvements, Phase Ilf B Bid Opening Date: JULY 3, 2006 Attachment A BID TABULATION Engineer's Summary of Proposals Received Engineer's Opinion of Probable Construction Cost Base Bid: $366,512.00 Page t City of South Miami, Snapper Creek Roadway and Drainage improvements, Phase III B Bid Opening Date: JULY 3, 2006 Attachment A BID TABULATION Engineer's Summary of Proposals Received Engineer's Opinion of Probable Construction Cast Base Bid: 36$ _6 512.ap Page 2 City of South Miami, Snapper Creek Roadway and Drainage Improvements, Phase M B Bid Opening Date: JULY 3, 2006 Attachment A BID TABULATION Engineer's Summary of Proposals Received Engineer's opinion ofProbable Construction Cost Base Bid: $366,51ZD Page 3 City of South Miami, Snapper Creek Roadway and Drainage lmprovements, Phase III B Bid Opening Date: JULY 3, 2006 Engineer's Summary of Proposals Received Engineer's Opinion of Probable Construction Cost Base Bid. $366,512.00 Attachment A BID TABULATION BID PROPOSALS RECEIVED BID ITEMS WILLIAMS PAVING CO. T.J.. PAVEMENT CORP. Leon's Engineering Item Description Bid Qty. Unit Unit Price Total Unit Price Total unit Price Total Miscellaneous 1 104 -10 -1 IErosion Control I 1 I LS 1 $1,042.00 I $1,042.00 1 $1,350.00 I $1,350.00 I $1,000.00 I $1,000.00 Mist -2 Project Sign (1 Sign required) 1 EA 1 $625,00 1 $825.00 1 $625.00 1 $625,00 1 $800.00 1 $800.00 (See Section 00950y I Misc4 I Performance& Payment Bond 1 1 I LS I $4,834.00 I $4,634.00 I $12,500.00 I $12,500.00 I $7,000.00 I $7,000.00 I I hereby certify that the above is a true and correct summary of proposals received. D e Page 4 Totals $411,000.00 $427,650.70 $540,171.10 Written on Bid Proposal $411,000.00 $427,65070 $540,171.10 ~ e. Amount of Proposal Guarantee: S% OF BID 5% OF BID 5% OF BID Surety: Liberty Mutual Insurance Travelers Casualty and Surety Company of International Fidelity insurance Company, State Company, State of MA. America. State of of New Jersey. I hereby certify that the above is a true and correct summary of proposals received. D e Page 4 ( } CL Z J , / m § \ :? �§\ ME !b% - ■�, ! $@ - f77 j2E f£e 2\ 4)f 4:k� EE r }\a ol { m - / \ \ § � k o\ _ � §a\ 7 /\ %j\ /f§ E \Z /\ a \} §)fk\) \\ �} ) { ±; © |k / § |§ \) ■ \ IL CL kk \) \k E � . LU � o o u z m m m 0 �§ uj k ■ � uj jm� § _ ƒ 0 w & w n 4 Lu ƒ to ; n w g 2 In ¥ m to / w z m / r m » � 2 . JX z . § \ / k 2 ) b IL E § ) f k z k a 0 ) 2 # § § #_ ( / ) LU � - § 2 2 § / \ \ / } / / S § \ § LLI z . . , E _ . § B ( r § k � ■ o / ■ . & § o 0 § a_ / 2 § ■ S b B $ } § 2 _ « a . § § k / 2 ° ) _ E § § k § ° § B k 5 0 $ § � § a « e SENT BY: CITY OF SOUTH MIAMI; 3050CS6348; JUN -1 -0r 4:24PM; PAGE 111 MIAMI DAILY BUSINESS REVIEW PUI)116F7itd Daily axi:apl Saturday, Sunday and I�at t'Wr:daya MiarrH, Miyrrli Dade Colinty,Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority pesonaliy appeared SOOKIE WILLIAMS, who on oath says jhet he or she is the VICE PFIESIDENT, Legal {Notices of the Mlaffd Daily Business Reriiaw WR Miami ReViaw, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Mlaml -Dad County, Florida; that the attached copy of advartisament, being a Legal Advertisement of Noose Ire the matter of CITY OF SOUTH MIAMI CITY 6115 NO. CIO &0703 in the XXXX court, was published In said newspaper In the issues trf a��rzrxle Affiant further says that the said Miami Daily Business Review Is a newspaper published at MiamH In said MiarN.Dade County, Florida and that the said newspaper has heretofore been continuously published let said l0larni -Dade County, Florida, ORO Coy (except Saturday, Sunday and Legal Holidays) and has been entered as second otaes niail 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 of int further says that he or she has ither paid nor promised any person, firm or corporation any d t, rebate, commission or rr #uhld for the ptrrpo89 Of s 4 this advertisement for publicaton In the said ne sr. Sworn to and subscribed before me this 31 da AY 2006 (SEAL) BOOKIE WILLIAMS personally }art bt l o, Expires {,faun N 200a tow T,y ' .;4 'zj - g.r •�, s;S� -i�xf �?• TCX%Rfi!?M� 1 a: - ' ::: Flodda99i!34•.t `'«.? '`'":q}�1(i4d:oh >9r X.s#f+lusdilyi:ititlre ;::�6ldtdncuni6M6 RiBY 0fr,• 13081n1se1ftri'iI% ;;ZCG6F #ern Ilia glticaa df .Cl4y Ct�r1c'a . � FAts►inR;'Flori& SS44 A i,100r0(t riin•ie Bbl , pt31- pia+►s and wpeCNlcatl" in ttia Bfd.F4rrrr' if the city. INgnapr deems n 'wDe in me ve�s� rrnofi SouthVWL d irr W e A nor pr -hid rx�tferat�o9 will held at trig Yet ! QAlarrrl City "�orrurrlsr}ion L"ixan'tber, 610 ap1�/NQ, FkxJdk"j4a,� 900 pal. ioc t ii+>!e ark, ; "jPrr• 't Aflbig r�itti�dvoi +racoishii�teEeoatfe 71je�HYt►ts6Uth + an "[qu�I �ppcliuniiy �ingslbye�- �iid "ertcx� ,ages`th� par)i c600d 6 FAlnoritX Buslneas rxrrttt ttora� ' :: OB �3C 2131 - - - .r _.. . _..,- - s • i i July 18, 2006 City of South Miami PUBLIC WORKS DEPARTMENT 4795 SW 75th Avenue, Miami, Florida 33155 Attention: Mr. Ajibola Balogun, REM Director of Public Works Milian, Swain & Associates, Inc. Civil & Environmental Engineers 2425 S W. 32nd Avenue, Miami, Florida 33145 tel. (305) 441 -0123 fax (305)441 -0588 File: C24 -02 Prase III B Bidding and Construction - Revised 08 -08 -06 Reference: Snapper Creek Roadway & Drainage Improvements — Phase Ill B City of South Miami, Miami -Dade County, Florida City Project Number: C106 -0703 Dear Ajibola: Milian, Swain & Associates, Inc. (MSA) has evaluated the construction bids submitted for the referenced project pursuant to the required submittals set forth in the Instructions to Bidders and throughout other sections of the Project Manual. Bid Tabulation: MSA tabulated bids extracted from the completed Bid Forms received from each of the participating Contractors (See Attachment A). Initial Ranking (Top three bidders, starting with LOWEST bid): 1 Williams Paving Co. Inc. 2. T.J. Pavement, Corp. 3. Leon's Engineering, Inc. Bid Irregularities: The tabulated totals match the totals submitted by each of the bidders. From the information provided to us there are no bid irregularities. Review of Submittals: MSA conducted a detailed review of the required submittals received from the bidders. Sections 00350, 00410, 00650, 00660 and 00665 are the required submittals of the referenced project. Based on our review of the information submitted to our office, the initial top ranked bidder (Williams Paving Co. Inc.) did not provided all of the required Sections (00650 and 00660) with their submittal. (See Attachment B). A brief telephone conversation was held with Alex Martija Project Manager at Williams Paving Co. Inc. inquiring about the required Sections not submitted with the Bid. The missing Sections were completed and faxed to MSA's office. MSA also verified with the City of South Miami's Clerks office that, Williams Paving Co. Inc. has performed work for the City of South Miami in the past and is on file. Ranking (Top three bidders, starting with LOWEST bid) after detailed review of submittals: 1 Williams Paving Co. Inc. 2. T.J. Pavement, Corp. 3. Leon's Engineering, Inc. Interview. MSA conducted a personal interview and verified the references submitted by the lowest bidder Williams Paving Co. on July 14, 2006. See attached copy of the Contractor References conducted by MSA. FINAL Ranking (Top three bidders, starting with LOWEST responsive bid): 1 Williams Paving Co. Inc. 2. T.J. Pavement, Corp. 3. Leon's Engineering, Inc. Based on MSA's evaluation of the bids submitted, contractor interview and verification of references we highly recommend Williams Paving Co. Inc. as the lowest responsible bidder for the construction of this project. Final Contractor selection shall be based on the above recommendation and any other factors) deemed relevant by the City of South Miami Public Works Department. If you have any questions or require additional information, please contact me at your earliest convenience. S:VROJ)NC24 -02 SNAPPER CRF.EK1(3) BIDDINGTHASE Ill MBLDDING LETTER REVISED- 08- 03- 06.DOC 2 Sincerely, MILIAN, SWAIN & ASSOC *T S, INC. Rashad K Stinson Project Engineer copy: Arsenio Milian, P.E. Julio Menache File Attachements: A - Bid Tabulation B - Required Submittals Contractor References SA(PROI)4C24 -02 SNAPPER CREEIC(3) BIDDINGIPHASE III BMIDDING LETCER REVISED- 08- 03 -06.DOC Engineering & Construction. Department Contractor References Based on Experience, Ability and Financial Standing Williams Paving Co. is a potential contractor for the Snapper Creek Roadway and Drainage Improvements Phase III B. 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: 1— poor 2 — average 3 -- above average 4- very good S- excellent Reference given by: Reference check conducted by: ;dame &Title It G:O Name: Address: Ep'5CL) H F— 19+1' AVE 2O2S 113 ts� 32, )�-V �F- . City /St/Zip bORT41 M I PEW t K` � P,s`.� Pi m I 1 1=L Lf 5 Telephone 3 O's — 1 9j- —z 9'8'S Date jJ U [-y / ? 2 LI( If you have any question about this form, please call (305)663 -6350. 11I} n2AYNI 1 2 3 4 5 Criteria A. Ability to complete pKoject on time B. Ability to stay within the budget C. Quality of work D. Financial standing if applicable ZA E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor): RAS WORK 0 To rM N It 1,q Reference given by: Reference check conducted by: ;dame &Title It G:O Name: Address: Ep'5CL) H F— 19+1' AVE 2O2S 113 ts� 32, )�-V �F- . City /St/Zip bORT41 M I PEW t K` � P,s`.� Pi m I 1 1=L Lf 5 Telephone 3 O's — 1 9j- —z 9'8'S Date jJ U [-y / ? 2 LI( If you have any question about this form, please call (305)663 -6350. 11I} n2AYNI Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing Williams Paving Co. is a potential contractor for the Snapper Creek Roadway and Drainage Improvements Phase III B. 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. PIease rate the consultant as follows: 1- poor 2 -- average 3 - above average 4- very good 5- excellent Reference given by: Name & Title 6 L.o l; l IN- _ Mr CJ.y -R E Address: ' Say-y--NW IS-1 LST5f i City /St/Zip t_ .330/y Telephone 305 - 8ZZ -:7-Eoo Reference check conducted by: Name: 202-5 Mw �) Z AVE Date To If you have any question about this form, please call (3-}5)663 -6350. 1 2 3 4 5 Criteria A. Ability to complete project on time B. Ability to stay within the budget . C. Qualq of work I� D. Financial standing if applicable) E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor): 55f-A A44D 4S6QQ&--r-G Reference given by: Name & Title 6 L.o l; l IN- _ Mr CJ.y -R E Address: ' Say-y--NW IS-1 LST5f i City /St/Zip t_ .330/y Telephone 305 - 8ZZ -:7-Eoo Reference check conducted by: Name: 202-5 Mw �) Z AVE Date To If you have any question about this form, please call (3-}5)663 -6350. Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing Williams Paving Co. is a potential contractor for the Snapper Creek Roadway and Drainage Improvements Phase III B. 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: 1— poor 2— average 3 — above average 4- very good 5- excellent Reference given by: Reference check. conducted by: IROW10 Address: e . D O City /st/Zip F 3o D Telephone � Date T U L 1 01 Zn ZS s w :�z A-v E I )V5- If you have any question about this form, please call (305)663 -5350. IS 2 3 4 5 Criteria A. Ability to complete project on time B. Ability to sta within the budget C. Quality of work D. Financial standing if applicable) E. Experience in their line of work Additional Comments (May indicate Iast project /transaction with contractor): fit° THE <21XnF thIA ` 17 dal RO 10 m�-4S7)eocTlb Reference given by: Reference check. conducted by: IROW10 Address: e . D O City /st/Zip F 3o D Telephone � Date T U L 1 01 Zn ZS s w :�z A-v E I )V5- If you have any question about this form, please call (305)663 -5350. IS �i Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing Williams Pavinlz Co, is a potential contractor for the Snapper Creek Roadway and Drainage Improvements Phase 111 B. 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: 1— poor 2 — average 3 -- above average 4- very good 5- excellent Reference given by: Name & Title 2a&& 4 jf !� Address: BK City /St/Zip Telephone Date ,T ut,y 13 ; co ro Reference check conducted by: Name: .s 4- -A�- -a �- 11377.1--15o714 202, SW 32, ., A-VE. MIA-1,41 E Iqg If you have any question about this form, please call (305 )663 -6350. 1 2 3 4 5 Criteria A. Ability to complete project on time B. Ability to stay within the budget F- 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): —1211) t467- GME CLS Fib &Tlo�i To 4?.GF9e11C"t1E Reference given by: Name & Title 2a&& 4 jf !� Address: BK City /St/Zip Telephone Date ,T ut,y 13 ; co ro Reference check conducted by: Name: .s 4- -A�- -a �- 11377.1--15o714 202, SW 32, ., A-VE. MIA-1,41 E Iqg If you have any question about this form, please call (305 )663 -6350. SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into thisU day of Ap::Ll 20_g__, A.D. by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and wulials Pmririj fly. Tnc party of the second pars (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: 1.01 SCOPE OF WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Project Manual entitled: Snapper Creek Roadway and. Drainage Improvements -Phase III B — No, C106-0703 as prepared by Milian, Swain and Associates, Inc. acting. as, and in the Contract Documents, entitles the Owners Engineer, and shall do everything required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner. shall gay 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. 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 Four hundred eleven thousand and No /100 Dollars ($ 411, 000.00). 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 One Hundred Twenty (120) calendar days after the commencement date established m the Notice to Proceed. oos!;�) -1 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings, Specifications and Contract items contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the 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 One Thousand Five Hundred Dollars ($1500.00) 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. 00500 -2 B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day 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 shalt 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. 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 UVD UNITY 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. 1.09 MEDIATION Any claim or dispute out of or related to this agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties waive the right to arbitration. The parties shall share the mediator's fee and any fling fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in the Circuit Court for the 11th Judicial Circuit for the State of Florida. 1.10 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. 1.11 LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers and laborers. 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for Snapper Creek Roadway and Drainage Improvements -Phase III B, City of South Miami, City's Bid No.: CI06 -0703 and all attachments in the Manual and the Construction Drawings shall be incorporated by reference into the contract, as exhibits to the contract. Between the contract and the attachments in the manual, the provisions of the contract shall control should there be any inconsistency in the documents. 1.13 TRANSFER AND ASSIGNMENT A. None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Subcontractors (Page 00300 -3 of the Proposal) unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and Contractor shall be responsible and indemnify the City for all subcontractors' acts, errors and omissions. B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The City, or any of their duly authorized representatives, shall until three (3) years after final payment under this contract, have access to and the right to examine any of the Contractor's books, Iedgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. rITIVErlyl B. The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 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 un subparagraph 14.A. shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have the rights incident to this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall beisubject to public inspection and copying, as provided by the 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 familiar 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. The signatories of 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. t 03 i t t w s fN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. (Seal) Attest: f '-C ty Clerk Maria M. Menendez WITNESS: (If corporation, attach Seal and attest by Secretary) ��i �.- TaR••. . - - APPROVED AS TO FORM AND *LEGALITY: Miami City of South Miami, Party of the First Part ti By: City nager Williams Paving Company, Inc. Contractor Party of the Second Part By: Ronnie Smith - Vice President 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 C/) z LU Lli (D C:) > 0 ryo 0— LU C:) CL < co Z < 00 ry r) 0 06 Lu C/) 0 < C) CL 5 W Cl) CD LU C) LU Iii a— z U) OAMIJ" REM inintalliv"tjm Of T7 1 2 -> PC=, -0 LL'R s Op L>Lj LLI w 100 iLc CUD, 12-,- Z- LU lu) L -CO -'C to L on O MS 9A VU-1129 L . . . . . . . . . . . C-0 00 VJ . ................. - - — -------- SW 59TH AVE ... ............ ............. -------- I LLJ CD b Z. I . .......... cq :Co� col ............ W! 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