Res. No. 099-05-12078RESOLUTION NO. 99-05-12078
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH HOMESTEAD
CONCRETE & DRAINAGE, INC. FOR CHURCH STREET
IMPROVEMENTS -PHASE II CONSTRUCTION IN AN AMOUNT OF
$215,114.40 TO BE CHARGED TO MIAMI-DADE COUNTY OFFICE OF
COMMUNITY & ECONOMIC DEVELOPMENT (OCED) ACCOUNT
NUMBERS 001-0000-131-1456 AND 001-0000-131-1416 AND U.S. EPA STAG
GRANT WITH ACCOUNT NUMBER 106-1721-536-6550; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the Mayor and City commission wish to provide infrastructure improvements
along Church Street from SW 68 th Street to SW 69th Street, and;
WHEREAS, these improvements are part of the Church Street Infrastructure Improvement
Master Plan funded from Miami-Dade County OCED fiscal year 2004 & 2005 grants and EPA
grants with account balances of$91,000, $96,000 and $32,025 respectively and;
WHEREAS, the balance of $18,662.40 will be funded by City's Community
Redevelopment Agency, and
WHEREAS, the city received four bids in response to the Notice of Bid Invitation
advertised in the Miami Daily Business Review on May 18, 2005, which were reviewed by the
Public Works Department who recommended that the contract be awarded to the lowest
responsible bidder: Homestead Concrete & Drainage, Inc.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1: the Mayor and City Commission authorize the City Manager to execute an
agreement with Homestead Concrete & Drainage, Inc. for the construction of Church Street
Improvements -Phase II for an amount of$215,114.40.
Section 2: the project will be funded through grants from Miami-Dade County OCED
FY 2004 & 2005 grants and US Environmental Protection Agency's STAG, with $91,000,
$77,452 and $28,000 to be charged to account numbers 001-0000-131-1456, 001-0000-131-1416
and 106-1721-536-6550, respectively; with the balance of $18,662.40 to come from the South
Miami Community Redevelopment Agency
Section 4: this resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this d(' -u, day of ~L' 2005.
Resolutions/Church Street Phase II. Homestead Concrete
Pg. 2 Of Res. No. 99-05-12078
ATTEST:
READ AND APPROVED AS TO FORM:
~ __ 7L~,,---__
Resolutions/Church Street Phase II, Homestead Concrete
APPROVED:
~ Russe ,Mayor
Commission Vote: 4-1
Mayor Russell: Yea
Vice Mayor Palmer: Yea
Commissioner Wiscombe: Yea
Commissioner Birts-Cooper: Yea
Commissioner Sherar: Nay
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM'
To: Kathy Vazquez, Purchasing Manager Date: January 3,2006
From: W. Ajibola Balogun, REM, CFEA ~
Public Works & Engineering Director Re:
Copy: Adriana Hussein, Acting Finance Director w/o attachment
Request to reduce Homestead
Concrete's P.O. and to issue
P.O. to FPL per CRA's
resolution #( CRK2~05rf67r:/1 d \ "';';'~':"'3:i",' .. ', .",',-,';"''''.-C'C'''j cr 1.f'.1.o., dt.o() "'"
qc; oS tcit>,~··.:.
As a follow-up to our brief meeting in your office couple of weeks ago, attached is the Change
Order executed by Homestead Concrete & Drainage, Inc. accepting deduction of $11,000.00
from their contract (p.O. #: M9001). The deducted amount will be used to fund FPL's services
for the project. FPL will execute an agreement with the City directly instead of through
Homestead Concrete & Drainage Inc., thus saving the City $3,248.00.
We have prepared the attached Requisition for a P.O. to FPL for $11,000, usingthe attached
eRA resolution number: CRA 20-05-167. As indicated in the requisition, FPL will furnish and
install 4 Victorian 13 feet Black Concrete streetlights along Church Street (SW 59 th Place) from
SW 68 th Street & SW 69 th Street. The funding will also cover approximately 20 months of
monthly maintenance charge of $49.72, per month. \~qq 4.tf () )
Should you have any questions or comments, please do not hesitate to contact me.
END OF MEMORANDUM
RECEIVED
JAN 062006
CITY CLERK'S OFFICE
------:--~;;-;--.--. RECe,! ... "tf::
JAN 0 ') 2006 i
FINANCE DEPT.
South Miami
. .
CITY OF SOUTH MIAMI bed
AII-AmeIIca CIIy
Inter-office Memorandum
'111'.'
TO: Honorable Mayor, Vice Mayor
& City Commission
FROM: Maria V. Davis II ;?
City Manager f'L{.'
DATE: July 26,2005
AGENDA ITEM No. tJ.
RE: Authorizing the ~ger to
2001
execute agreement with the lowest responsible
bidder for the Proposed Church Street
Improvements Phase IT
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING TIlE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CHURCH STREET IMPROVE-
MENTS -PHASE n CONSTRUCTION IN AN AMOUNT OF $215,114.40 TO BE CHARGED TO
MIAMI-DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT
(OCED) ACCOUNT NUMBERS 001-0000-131-1456 AND 001-0000-131-1416 AND U.S. EPA
STAG GRANT WIm ACCOUNT NUMBER 106-1721-536-6550; PROVIDING FOR AN EF-
FECTIVE DATE
BACKGROUND & ANALYSIS:
The proposed Church Street Improvements -Phase II is the second phase of the Church Street Infrastruc-
ture Improvement Master Plan. The construction project will consist of drainage improvements, roadway
resurfacing, wider sidewalk, landscaping, streetlights and pavement marking. The improvements will be
performed from SW 68 th Street to SW 69 th Street. After the Public Works Department secured funding
for the project, it was immediately advertised in the Miami Daily Susiness Review on Wednesday, May
18,2005. Four contractors submitted sealed bids for the project. The bids were publicly opened on Fri-
day, June 17,2005 at 3:05pm. Since the bid opening, the Pubic Works staff has tabulated the bids, re-
viewed and evaluated all bids, verified bid bonds and discussed the project with the lowest responsible
bidder (Homestead Concrete & Drainage, Inc.) to make sure the scope of work is clearly understood as
designed and specified. Also, a reference check performed by the Public Works Department yielded very
good to excellent scores. Copies ofthe reference check forms are attached.
This project will be funded through grants from Miami-Dade Office of Community & Economic Devel-
opment (FY 2004 & 2005 COSO grant) and US Environmental Protection Agency grant. Please note that
there are two separate COSO grants for fiscal years 2004 and 2005 with individual balances for each.
The grant accounts' balances before this request, and the amount allocations are:
Agency Current Balance Requesting Amount
• FY2004 COSO $91,000.00 $91,000.00
• FY2005 COSO $96,000.00 $77,452.00
• STAO $32,025.60 $28,000.00
The balance of $18,662.40 will be funded by the South Miami Community Redevelopment Agency.
RECOMMENDATION:
It is recommended that the City Commission approve the resolut.ion.
ATTACHMENTS:
Proposed Resolution, Sid Opening Report, Tabulated Bids, Certified Advertised Notice of Bid Invitation,
Copies of Contractor's Reference Check, Copy of Contract . .
BID OPENING REPORT
Bids were opened on: Tuesday, June 17, 2005 at: 3:05pm
For: Church Street Improvements -Phase 2
Pre-Bid Estimate: $190,000.00
CONTRACTORS: BID AMOUNTS:
1. Stone Paving Company .
2. T. J. Pavement Corp. ~~1~_,~/8CYl
3. Budget Construction
,
4. Development & Comm. Group of Florida
5. The Redland Company, Inc.
6. ABC East Coast
7. South Florida Maintenance Services, Inc.
8. Williams Paving Co. .!d5<X . y()g. ['[)
9. M. Vila & Associates
,
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10. Solution Construction, Inc. :\bd \5 ,200-CJ)
11 ~~aJ ~ .. C ('r{' re-ie i T'YO-i fYit:g -So ~ /'L:.. 114.46
0
THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED.
THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY
REVIEWED.
Witness: .r#~ Witness: ______ _
City of South Miami Church Street Improvements-Phase 2
Bid Opening Date: June 17, 2005
Engineer's Summary of Proposals Received
Engineer's Opinion of Probable Construction Cost Base Bid:
BID ITEMS
$190,000.00
Homestead Concrete &
Dralnange
BID PROPOSALS RECEIVED
Solution Construction, Inc. T. J. Pavement Corp. WIlliams Paving Company. Inc.
City of South Miami Church Street Improvements·Phase 2
Bid Opening Date: June 17, 2005
Engineer's Summary of Proposals Received
Engineer's Opinion of Probable Construction Cost Base Bid:
BID ITEMS
Item Description
PMS-4 24" Wide White Thermo lasUc Sio Bar
~ --:J> ~>i,..
CoOrdination 'with FPL' duiinlictinsiiuctlori~-" ".~'.:-:
E-3 >., ~{-
SA·1 Furnish and Inslall pre-fabricated benches
SA·2 Furnish and Install litter receptacle
Furnish and install Wax Jasmine (Soil & mulch Is Included In
U·1 plant cost)
Furnish and Intstall Twlnberry trees (Soli and mulch Is Included
U·2 In planl cosl)
Fumlsh and Install Key Thatch Palm (Soli & mulch Is included
U·3 In plant cost)
$190,000.00
Homestead Concrete &
Dralnanga
Qty. Unit Unit Price Total
EA $822.25 $822.25
EA $1.454.75 $1,454.75
155 EA $11.50 $1,782.50
13 EA $241.50 $3,139.50
12 EA $805.00 $9,660.00
BID PROPOSALS RECEIVED
Solution Construction, Inc. T. J. Pavemenl Corp. Williams Paving Company, Inc.
Unit Price Total Unit Price Total Unit Price Total
$14385:00
$557.75 $557.75 $4,500.00 $1,290.00 $1,290.00
$1,926.25 $1,926.25 $1,800.00 $1,265.00 $1,265.00
$9.20 $1,426.00 $12.58 $12.75 $1,976.25
$189:75 $2,466.75 . $173.07 $327.75 $4,260.75
$345.00 $4,140.00 $550.00 $6600.00 $487.75 $5,853.00
. City of South Miami Church Street Improvements·Phase 2
Bid Opening Oats: June 17, 2005
Engineer's Summary of Proposals Recalved
Engineer's Opinion of Probable Consfnlctlon Cost Base Bid:
BID ITEMS
Itsm Description
LI-4 Fumlsh and Instell Texas Wild Olive
Fumlsh and Instell complate Irrigation system Including
MDWASD meter Installation charge and associated
LI·5 coordination.
ContinQencv
DIU
Qty. Unit
9 EA
1 LS
1 LS ......•........ . ...., ............. .. .....• .;,,;~.;~.... . i.·;.r
Totals
Written on Bid Proposal
Difference
Amount of Proposal Guarantee:
Surety:
$190,000.00
BID PROPOSALS RECEIVED
Homestead Concrete & Solution Construction, Inc. T. J. Pavement Corp. Williams Paving Company, Inc. Dralnange
UnH Prlca Total Unit Prlca Total UnltPrica Total UnltPrica Total
$253.00 $2277.00 $230.00 $2070.00 $250.00 $2250.00 5352.50 $3172.50
<.;::':, J:.~.>.: .:,:"
·~~oo.cio $8,990.30 $8,990.30 $6,150.04 $6,150.04 $3,500.00 $6,700.00 $6,700.00
$20000.00 $20000.00 $20000.00 $20000.00 $20000.00 $20000.00 $20000.00 $20000.00 ..
-;,:;;11.··, ...... ';q·;f·W.:·;
....... : '.
$215114,40 $215300.50 $218517.81 $258348.00
$215,114.40 $215300.00 $218518.00 $258408.00
$0.00 -$0.50 $0.19 $60.00
.5% of Bid 5% of Bid 5% of Bid 5% of Bid
Travelers Casualty and
First Sealord Surety, Inc. First Sealord Surety, Inc. Surety Compeny of Liberty Insurance Company
Americas
~T BY: CITY OF SOUTH MIAMI; 305aa3B3~9 ;
MIAMI DAILY BUSINESS REVIEW
PubliaJ1Bd Daiy eJ(C8p1 SaIUIday. Surillay and
Lagal HOUdaY' .
MIamI. Miami-Dade CQunty; flarida
STATE OF FLORIDA
COUNTY OF MIAMl-DADE:
Sefore the undetGlgned authority p,!rsonaUy appeared
o.v. FERBEYRE. who Of! oath says that he 01 she is \he
SUPERVISOR. l.egaI Notices of the M~ Daily Business
Review tIkIa Miami Review. a dally (except saturday. Sunday
end Lagal HoI'IdaYG) nawspeper. publlshacI at Miami in Miami-Dade
County. FlorIda; that the attached copy:of ad\fertlsemef'll,
being a Legal AdveI'tIGemsnt of Notice In.the matter of
CITY OF SOUTH MIAMI
BID NO.: 01 05-0617
jn the XXXX Court. :
w •. publi~ In said newspaper In the IssuelS of .. .
QSl181200s
Amant further Gays that the said Miami Dally Business
Review Is a newspaper published at M"'amlln said MiamJ-Dade
County. FIOI1CIa anti-that the·sald newspaper has
hS/8tofora been conlinuoullly pubflshed In said Miami-Dade County,
Florida. each day.(except Saturc;lay. a_y and Legaf Holidays)
and has been entarad as second clasa:rnail matter at \he post
office in MIami In said Miami-Dada CcKintY. FJor\da, for a
period of one year next preceding the flt$t pubrlC8tJon of the
attached copy of advertisement: and a(fiant ful'lher says that he or
she has nelthsr paJCI nor promised any person; ftrm Dr corporation
any ~te. oommlaslon or ""unci forth. purpose of securing 8 adv en r publlCIltlCft in the said
naws . .
Swan to and subscribed before me this
'~)
(SEAL) ~: MIIIIIiI U4ua • : • MIl CommIMIon DD2t885S
O.V. FERBEVREporsonallykno ' eExphl~04/1OO8
MAY-19-0~ 4:59PM; PAGE 1/1
Jun 23 05 0~:55p
6&/23/2665 12:53
PAUH 9549684158 SOLAR BODY ANn.
93656687268 CITY OF SOUTH MIAMI
Engineering" CoDstruction Department
Contrador Refereaees
p.2
PAGE 62/62
. Based on Axperieace, jb!lIity and FinandaJ Staading ~I ~ 15 a potential contractor for the Cburch Street
(SW 59th Place) Improvements -Phase 2. It is our practice to obtain references from individuals and
companies who have worked with a potential contractor. The above company b.as included you and/or
your company as a reference. We: would greatl1' appreciate your prompt response to the following
inquiry as it applies to the nature or your re1atic-nship with ~ company. Those that do not apply
should be left blank.
Please rate the consultant as follows:
1 -poor 2 -average 3 -above aver&JIe 4-verygood 5· excellent
1 1 3 4 5
Criteria
A. Ability to eomplele project on time ~ --
B. AbDlty to stay within the bad.et V .,..-",.-
C.Qual'ty of work
-D. J!iaaDCial staadina (if aDPlicable) V
E. ExDerien~ in their liDe of work ~I"'"
Additional Comments (May indicate last projectt Itransaction with contractor):
~"IICU,J '_f.LJ. n ~JLIV F/M.-U,. .. lt ....• .,. IJfDtJSFnl.J H~-.. f ,
Reference giveD by: ~""'''IIN' ~~/-e;-.. Reference check conclu by: N_&~~~N__ -" ~
Address: ~J8& 'f79s:JCt) )~thre"
City/StlZip ~k. ~. IItJ63 ~ rFf.. :i3/.n-
Telephone j'ii--q;{-ili:;;i ~#+;~5Z?
Date ~ -21-0 .r: _~~~~';:::;O __ ~!,'&:;.JrJ~E...-__ _
Uyou Mve 0, question lbout this I'orm, pIeue cd (305)Ii6J.G3SO.
Jun 28 2005 8:55AM HP LASER JET F.AX· 305 592-6079 p.l
86/23/2BB5 12:54 93B56&972B8 CITY OF SOUTH MIAMI PAGE El2/02
Engineering It CODStndiOil Department
Cootraelor References
. . ~~ AWIIW ODd l'ImmdaI SIoDdIDI
. is a potential contractor for the Chl1Ich Street ~~pnctice to_mer_from iDdlvldual$ ....
companies who have worked with a potential con~r. The above company has included you and/or
your company as a reference. We would peatly' appreciate your prompt response to the fonowing
inquiry as it applies to the nature or your relaticmship with the company. Those that do not apply
should be left blank. .
Please rate the oonsultant as follows:
1-poor 2 -average 3 -above al'mage . .4-very good 5· excellea.
1 1 3 4 5 .
Criteria
i
A. Ability to com.,l. Dro.Ject Oil time ~
I
B. AhlltJ to stay withio the bDd2et V-
C. Ouality 01 wed: Y y.
D. FtlUllleial stalldiu Of 8DDIieabIe) . ,.
)C
E. ExDerieace In their be of work
Additioaal Comments (May iadkate last project Itransaction witb cODU'sctor):
Jun 27 05 09:01a
OS/23/2805 12:55 93855687288 CITY OF SOUTH tvlIAtylI
Engineering & Construction Department
Contractor References
. . Based on Experience, Ability and Financial Standing
p.2
PAGE 132/62
~ ~ is a potential contractor for the Church Street
. (SW 59th Place) Improvements -Phase 2. It is our practice to obtain references from individuals and
c.ompanie!l who have worked with a potential con~actor. The above company has included you andlor
your company as a reference. "\Ve 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 Z -average 3 -above average 4· very good 5-excellent
1 2 3 4 5
Criteria
A. Ability to complete pro.iect on time V'"
B. AbiUty to stay within the bud2et -. -.. ._.
~ualitY of work v'
.
D. Financial standina (if applicable) -. --. _ .. --
E. Experience in their line of work :--
: L~ditiO"a1 Commeal8 (May indicate last projeetllransaction with contrador),
eck~~bY: ~~J
Reference given by:
Name&Tit\e~~
Address: f/ ~ ------------------
Name:
'-1295 S.W. ~o~,
~ ,tf=t 3.:3/$5
Telephone (~)&;l~-;;ct)5lJ f~~~asV , ~~==~/~~~-~~~---~------
City/St/Zip
Date <a 12 =? //J s;-
If b · // you ave any question about this form. please call (305)663.6350.
7 •
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SECTION 00500
CONTRACT
TInS AGREEMENT, made and entered into this C\ day of ~ , 20~, A.D. by and
~lJ.ofCouth Mi~ party of the 'first part (hereinafter some~s called tru: "Owiler"), and
. _()~~~~ P1IrtY of the second part (hereinafter some«mes called the
"Contractor"). . ~ -. .
WHEREAS: Miami:-Dade County through its office of Conununity Development bas. e~
into a contract with the Owner, and .
WHEREAS: the Owner 4es~ to engage the Contractor to perfonn services as stated herein: .
WITNESSETH: That the parties hereto; for the consideration hereinafter set fo~ mutually·
'agiee as follows:
1.01
.A.
SCOPE OF WORK
The Contractor shall furnish all labor, materials. equipment, machinery, tools,
apparatus, and transportation' and perfonn all of the work shown on the Drawings ,and
described in the Project Manual entitled: . .
~CHSTREET (S.W.59m pLACE) IMPROVEMENTS-'PHASE2
..' S~W. 68m STREET TO S.W. (j9~ STREET)
as· prepared 'byWilIiams, Hatfield, & Stoner, Inc. acting as, and in the' Contract
DoCuments. entitles .the Owner's Engineer. and· shall do everything required by this
Contract and the other Contract Documents.
1.02 THE CONTRACf SUM
A. The Owner shall pay to the Contractor for the faithful perfonnance of the Contract, in
laWful money of the United States, and subject to addition and deductions as provided
in the Coiltract 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 J:¥lIt ofl ~ese_IC~mct..DocUwnts. the; .~g:regate amqJPlt ofthi~ntract is the sum of'\u'Ji:.::> ~~
( Mh lirfltJ)~ t:!iGU Dollars' ($0.. \5\ N. ~It;) ). .'
'. , .
t03 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 020> calendar days after the
commencement date established in the Notice to Proceed .
.. ~
00500-1
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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 perfonned 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 tinder 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 mid his decision shall be final and binding upon·
all parties.
C. It is .distinctly understood and agreed. tha~ 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/0t: of the Project
Manual covering said work, shall not operate asa waiver by the Owner of strict
compliance with the· tenns 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
.yearfrom 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 joiDtly 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 tinie, or ay authorized
extension thereof, there shall be deducted from the compensation otherwise to be paid
to the Contractor, and· the Owner will retain as Iiquated damages the amount of .
One Thousand Five Hundred dollars ($1.500.00) per calendar day for each
calendar day .elapsing beyond the specified time for completion or any authorized
extension thereof, which sum shall represent the actwll 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
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1.06
A.
1.07
A.
1.08
For the purposes of this Article, the day of fmal 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.
PARTIAL AND FINAL PAYMENTS
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 pteceding 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 untlI 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 ~tees
that may be required in the specifications have been funiished 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 Agreernent and acceptance of such work by the Owner.
-. ,
ADDITIONAL BOND
, . 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 linder
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.
SOVEREIGN IMMUNITY AND ATIORNEY'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.
00500-3
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1.09 MEDIATION
Any claim or dispute arising out of or related to this agreement shall be subject to
. informal .mediation as a condition precedent to the institution of legal or equitable
proceeding by either party. Both parties waive the right to arbiti'ation. The parties
shall share the mediator's fee and any filing fees equally. The mediation shall be held
in Miami-Dade County, Florida, unless another location is mutually agreed upon .
. Agreenients reached in mediation shall be enforceable as settlement agreements in the
circuit court for the 11 th 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
'The Contractor" is prohibited from placing a lien on the City's property. This
prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers
and labors.
1.12. INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT
MANUAL
. ,The contract enclosed within the ''Project Manual for Church Street Improvements -
Phase 2 -City of South Miami, City's BID no.:CI05-0617 "and all att;achments in the
•. Manual shall be incorporated by reference into the contract; as exhibits to the contract.
The Project Manual shall consist of the items enclosed in the attached exhibit I,
entitled ''Table of Contents". Between the contract and the attachments in the manual,
the provisions of the contract shall control should there by any inconsistency in the
doc1.lffients. However, the provisions of this addendum shall.control any inconsistent
provisions in the contract or attachments in the Manual:
1.13 TRANSFER AND ASSIGNMENT
1.13A None of the work or services under this contract shall be subcontracted
unless Contractor shall be responsible and indemnify the City for all subcontractors'
acts, errors or omissions. 0
I.13B. The Contractor shall not assign, transfer or pledge any interest in this
contract without the prior written consent of the City; provided, however~ that claims
for money by the Contractor from the City under this contract may °be assigned,
transferred or pledged to a bank, trust company, or other financial institution without
the City's approval. Written notice of any assignment; transfer or pledge of funds shall
be furnished within 10 days by the Contractor to the City.
00500-4
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1.14
1.15
1.16
EXAMINATION AND RETENTION OF CONTRACfOR'S RECORDS
1.14A ' The City, or any of their duly authorized representatives, shall, unti13 '
years after fmal payinentunder this contract, have access to and the right to examine
any of the Contractor's books, ledgers, documents, papers, or other records involving
transactions related to this' contract for the purpose of making audit, examination,
excerpts, and transcriptions. ' , '
1.14B The Contractor agrees to include in the fast-tier subcontracts under this
contract a clause substantially the same as subparagraph t.14A above. "Subcontract."
As uSed in this clause, excludes purchase order not exceeding $10,000.
1.14C Th~ right to access and examination of records in subparagraph 1.14A
shall continue until disposition of any mediation, claims, litigation or appeals. ,
, OWNERSHIP OF DOCUMENTS
All documents, reports, plans, specifications or other records, including electronic
records, resulting from the professional services rendered by the Contractor under this
contract shall be deemed the property of the City and the City shall have all rights
incident to this ownership. The Contractor acknowledges that all docUments prepared
under this COntract shall be public records, and shall be subject to public inspection and
copying, as proVided by Florida Statues chapter 119. Upon conclusion of this contract 'and any extensions, all documents shall be delivered by the Contractor to the City. The
Contractor shall have the right to retain copies of the documents at the Contractor's
expense.
SEVERABn..lTY
Should any paragraph or any part of any paragraph of this contract be rendered void,
invalid or unenforceable by an:y court of law, for any reason, the determinatjon shall
not render void, invalid or unenforceable any other section or part of any section of this
contract. '
1.17' CONTINGENCY FEE AND CODE OFETIllCS WARRANTY
1.17 A, ',' Contractor warrants that neither it, nor any principal, employee, agent"
representative or family member has promised to pay, and C,ontractor has not, and will
'not, pay a fee the amount of which is contingent upon the City awarding this contract to
Contractor. ' '
1.17B 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.
1.17C A violation of this paragraph will result in the termination of the
contract and forfeiture of funds paid, or to be paid, to the Contractor.
00500-5
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1.18
1.19
WARRANTY OF AUTHORITY
The signatories to this contract warrant that they are duly authorized by action of their
respective city· cOmnUssion, board of directors or other authority to execute this .
contract and to bind the. parties to the promises, terms,· conditions and waminties
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.
"-":;-."
00500-6
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IN wrrNEss, 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: .~
~ltfj2 .'
, By:' l r
City Manag ". ',,'
t\~~~u~~~
Contractor
Party· of the Second Part
Title
APPROVED AS TO FORM AND
~~-
G ey =3 itYOfSO::j~ " to"',.>' UIl .......
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.
00500-7
FROM : F I NANCE 3 5891'2617 Jun. ·282005 10:10AM P2 FAX NO. : 0 . .
_ "061"28"/2665 B9: 42 931356687268 CITY OF SOUTH MIAMI PAGE El2/El2
E+eeriDi " CODStru~OD;nepartment
. CcmtradDr References
Based on Experience, Ability· ~nd ]financial Standln;
Homestead concrete . is Ii. potential col1tractor for the
Church Street (SW sgih Place) ImProveinents -Phase 2. It is our practice to obtain references from
individuals and compantea who have worked with a potttitial contractor. The above company has
included you and/or your company as a reference. We would greatly appreciate your prompt response
to the following mquiry as jt applies to the nature or ~ur relationship with the company. Those that
do not apply, should be left blank.
Please rate the consultant as follows:
1 ... poor 2 -averale $ -above aver •• ... very aood 5· ex:ceHent
, 1 :2 3 4
1----.. Criteria
A. AbilitY to eomuiete .-on time :
B. AbWtyto stu wlthia the bUdaet
C. Qnality of work , .
D. FiNneiaJ mu.clina (If aDDUeable) ...... ~ .......
E. ExDerlence in their line ot work
AcJ.~ODaJ Comments (May indicate last project Itransaction with contractor):
.~
Reference given by:
Name & Title City of North MianU~
Debbie
Address: 77~ NJ; 12! Street
CitylStlZip North Miami, Fl. 33161
Telephone =30=~...,,-8=930<,. .. 6=S::.Al~1 ___ _
Date
Reference chtck conducted by:
Name: ,Rnthia CorniA
4795: S. W' 751\.vony~
. Miami. Plori.da .3.~3u15~:i:.-· ___ _
305-(jM·g350
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It you M'I'e any question about this tbmt. pleue eaII (.3OS)fj6U~.
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