06-16-09 Item 6South Miami
1 efica
City
CITY OF SOUTH MIAMI I®
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: W. Ajibola Balogun, City Manager _
From: Thomas J. Vageline, Director,
Planning and Zoning Department
Date: June 16, 2009 Agenda Item No.: 6
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 GENERAL MASONRY CONSTRUCTION
INC, FOR THE CONSTRUCTION AND INSTALLATION OF CAMBRIDGE
LAWNS HISTORIC MARKERS IN THE AMOUNT OF $8,370.00 TO BE
CHARGED AS FOLLOWS: $8,370.00 TO THE CITY'S PLANNING AND ZONING
DEPARTMENT CONTRACTUAL SERVICES ACCOUNT NUMBER 001 -1620-
524 -3450; PROVIDING FOR AN EFFECTIVE DATE.
Request: Authorizing the City Manager to execute a construction agreement with General
Masonry Construction, Inc. for construction and installation of three Cambridge
Lawns Historic Markers to be placed at the SW corner of Miller Drive and SW 6011
Avenue; at SW corner of Miller Drive and SW 63 Avenue; SW corner of SW 62na
Avenue and SW 57th Street.
Reason/Need: The intent of this project is to provide location identification for City's first historic
district designation (October, 2004).
Cost: $ 8,370.00
Project Background: In November, 2006 The Historic Preservation Board and the Planning and Zoning
Department obtained an $8,000.00 grant from the Villagers, Inc. for construction
and installation of three concrete markers to be placed at entrance /boundary points
to the Cambridge Lawns Historic District. The grant is a reimbursement type grant
requiring the City to expend (in advance) the $8,000.00 to construct the project,
and then request reimbursement. A two year completion deadline set by the
Villagers, has been extended to September, 2009.
The City Commission at its January 9, 2007 meeting adopted Resolution No. 05-
07 -12390 which formally accepted the grant and directed the City Manager to
advance funding for the project. During the next budget cycle (2007 -2008) the set
aside of the advance funds was not placed in the budget. The Planning and Zoning
Department during FY 2007 -2008 was able to save $8,000.00 in its budget. During
2
the FY 2008 -2009 budget preparation cycle the current City Manager agreed to
carry over this amount for the project. The Planning Director at the time did not
consider this project as a priority and assigned staff to other work. Following the
resignation of the Planning Director in November of 2008, the Planning and Zoning
Department was able to obtain an extension of time from the Villagers and obtained
free architectural working drawings (needed for a bid process).
The Administration has attempted on two occasions to obtain a responsive bid. The
first bid response received on January 23, 2009 was determined non - responsive
after discussions with the sole bidder. A second bid effort resulted in a single bid
received on February 12, 2009. This bid amount was nearly twice the amount of
funds available for the project.
The Historic Preservation Board at its April 27, 2009 meeting, recommended that a
third bid process be attempted and that there should be an option to allow the
historic markers to be constructed of concrete vs. limestone. It was felt that this
compromise would result in more responsive bidding. The registered architect of
record for the marker project agreed to make the necessary changes in the plan
document.
Bid Summary Bid III was advertised in the Miami Review and Miami Herald in mid -May, 2009
and on the City's Web Site. Four Bids were received on June 11, 2009, at 12 noon.
Bidder Option A (Limestone) Option B (Concrete)
(1)General Masonry Construction $ 8,370 $ 7,470
(2) ProCon General Contractors - - - - -- $25,800
(3) Parsons General Contractors, Inc. $28,410 $28,800
(4) R. Tarafa General Contractors, Inc. $77,550 $64,428
Funding Funding will be from the following account:
Account No. Amount Account Balance
001- 1620 - 524 =3450 $ 8,370.00 $48,026.00
Recommendation
It is recommended that the City Manager be authorized to execute a construction
contract for Option A (limestone) with the lowest bidder, General Masonry
Construction.
Backup Documentation:
❑
Proposed Resolution
❑
Bid Opening Report
❑
Selected Bid
❑
Reference Summary
❑
Public Notices Bid Package III
❑
Bid Package III(including, plans, contract)
❑
Copies of All Bids received
❑
Resolution No. 05 -07 -12390
XAComm Items\2009 \6- 16- OCambridge
Lawns Markers Bid CM Reort.doc
I RESOLUTION NO.:
2
3 A RESOLUTION OF THE MAYOR AND CITY
4 COMMISSION OF THE CITY OF SOUTH MIAMI,
5 FLORIDA, AUTHORIZING THE CITY MANAGER TO
6 EXECUTE AN AGREEMENT WITH GENERAL
7 MASONRY CONSTRUCTION INC. FOR THE
8 CONSTRUCTION AND INSTALLATION OF CAMBRIDGE
9 LAWNS HISTORIC MARKERS IN THE AMOUNT OF
10 $8,370.00 TO BE CHARGED AS FOLLOWS: $8,370.00 TO
11 THE CITY'S PLANNING AND ZONING DEPARTMENT
12 CONTRACTUAL SERVICES ACCOUNT NUMBER 001-
13 1620 -524 -3450 AND; PROVIDING FOR AN EFFECTIVE
14 DATE.
15
16 WHEREAS, the City of South Miami was awarded a preservation grant of
17 $8,000 from the Villagers. Inc. to be used to implement a Cambridge Lawns Historic
18 Markers Project which calls for the construction and installation of three concrete
19 markers to be placed at entrance /boundary points to the Cambridge Lawns Historic
20 District; and
21
22 WHEREAS, the Mayor and City Commission wish to implement the Cambridge
23 Lawns Historic Markers Project; and
24
25 WHEREAS, responses to the Cambridge Lawns Historic Markers Project Bid
26 No. III were received on June 11, 2009 and General Masonry Construction, Inc.
27 submitted the lowest and most responsive bid to the project; and
28
29 WHEREAS, the Mayor and City Commission desire to authorize the City
30 Manager to execute a construction contract with General Masonry Construction for the
31 Cambridge Lawns Historic Markers Project in "the amount of $ 8,370.00; and
32
33 WHEREAS, the total construction cost of $ 8,370.00 is to be charged as
34 follows:$ 8,370.00 to the Planning and Zoning Department Contractual Services account
35 number 001 - 1620 -524 -3450; and
36
37
38 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
39 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
40 Section 1: The Mayor and City Commission authorize the City Manager to execute a
41 construction contract with General Masonry Construction, Inc. for the Cambridge Lawns
42 Historic Markers Project for Option A (limestone) in the amount of $8,370.00.
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Section 2: The project's construction cost shall be charged as follows:
Account No. Amount Account Balance
001 - 1620 -524 -3450 $ 8,370.00 $48,026.00
Section 3. The attached Contract agreement is made a part of this resolution.
Section 4. This resolution shall be effective immediately after the adoption thereof.
11 PASSED AND ADOPTED this
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ATTEST:
CITY CLERK
day of 92009.
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
XAComm Items \2009 \6 -16 -09 \Cambridge Lawns Bid Resolution.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
2
South Miami
Ali- America City
I.,
2001
BID OPENING REPORT
Bids were opened on: June 11, 2009 at 12:05 p.m.
For: CAMBRIDGE LAWNS HISTORIC DISTRICT ENTRANCE MARKER — BID III
CONTRACTORS:
BID AMOUNTS:
1. General Masonry Construction N 4 z�no •0 d 0PT1W 6 f 70076 6 6
2. Parsons General Contractors Inc a� q I6• bb
3. ProCon General Contractors ��� ' 66
4. R Tarafa General Contractor Inc. jq 191 o 6q, q2�, W
THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE
SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY
REVIEWED
City Clerk's Sign: Witne!
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Bid Form III
Project Name; Cambridge Lawns Marker Construction and Installation Project
CITY OF SOUTH MIAMI
BID FORM III
Bid prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, contractors
overhead and profit. The quantities for payment under this Contract will be determined by actual measurement of
the completed items in place, ready for service and accepted by the Owner: Payment for any item not listed in the Bid
Form but shown in the plans shall be included in the proposal. Bid form submission must be accompanied by a copy
of the bidder's occupational license and a copy of the contractor's license.
Notice: The bid will be awarded to the lowest; responsive, responsible bidder. The City of South Miami reserves the
right to reject any and all bids, to waive any information in any bid, and to increase or decrease the quantities shown
in the bid form. Bids which contain irregularities of any kind may be rejected.
BIDS FOR OPTION A OR OPTION B WILL BE ACCEPTED. BIDS FOR BOTH OPTION A AND B WILL BE
ACCEPTED.
UNIT TOTAL
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
101 Option A Cambridge Lawns Marker Construction 3 ea $ 1'790. D� 370.
and on site installation (including base and
footings)
Marker construction material:
Option "A" Local Limestone
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
Grand Total (In Figures):
Grand Total (Written): �Awlbc wA 'J-�fet �NUPJCJ S"'I!N Dollars.
UNIT
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
101 Option B Cambridge Lawns Marker Construction 3 ea $ ;1,490' $ 7 L) &70'
and on site installation (including base and
Footings)
Marker construction material:
Option "B" Textured Cast Stone (Concrete)
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
Grand Total (In Figures): $ 7A4-70- `
Grand Total (Written): -V^9u -b004 C.O.r �uned� �jQdG►i' Dollars
G'1@ e ai 50�( on��rucr�eaZAC. 7 (0
Name of Bidding Fiu Author ignature Date
1
Vendor Registration Form
General Information
Company's legal Name:
Owner's Name: re-, e. (7v
Mailing Address: i 0`%6/ ::S, L--j n
South Miami
City: (. -A i i i State: � � Zip / Postal Code: �
Telephone: t C' % i5 Fax: �?�' �) — q
Contact: Job Title:
Contact Telephone: (3^ -i) 9 Cell Phone:
E Mail: �� �`"P`'�`Lo' ` I ° �'� Federal Tax ID: 65� ( Lf �lS3
Tvne of Organization (Select One
_Private: For Profit _Private: Non -Profit _Religious Organization
,,/Corporation _Sole Ownership _Government/School
Other:
List the goods and /or services to be provided:
A4 G S O,n,r cJ� LC f T _ P✓1 C e l�n TC I G �'0:�1
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Business License Information:
State License No. CC-)6 15-0 5,59 Occupational License No. I Ci0
Other:
(:n surance n ation:
General Liability t utomobile Liabili orker's Compensation Other:
6130 Sunset Drive
South Miami, Florida 33143
305/663 -6339 Fax: 305/667 -7806
www.cityofsouthmiami.net
r -•
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
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 - REQUEST FOR BID
CAMBRIDGE LAWNS HISTORIC DISTRICT, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/15/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, 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 mail 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 affiant 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 this vertisem ublication in the said
newspaper.
Sworn to anc subscribed before me this
15 da of ` AY ^AA , A. 009
(SEAL)
O.V. FERBEYRE personally known to me
public State of Florida
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CITY-OF SOUTH MIAMI, FLORIDA.
REQUEST FOR BID {RFS) `.
Cambridge Lawns Historic District Entrance Markers -Bid ill
(Small construction and installation)
PROJECT SUMMARY
Ina ordance with full plans provided by the City. Construction of.
three historic entrance markers (6 feet in height) to indicate the
location of City's Cambridge Lawns Historic District. Markers are
to be installed in the swale area at three pre - selected Iodations.
Marker construction material may be either local limestone or
textured oast stone.(concrete).
SELECTED BIDDER RESPONSIBLE FOR
Constriction of markers, base, structural footings and installation
of markers at selected sites; installation of City provided bronze
plaques; :obtaining all applicable.-permits. Project must be
completed within thirty (30) days after notice to proceed:
A BID PACKAGE, (PLANS, CONTRACT AND BID FORM) IS AVAILABLE
AT THE CITY CLERICS OFFICE, 6130 SUNSET DRIVE, SOUTH MIAMI,
FLORIDA 33143, OR E -MAIL AT MMENENDEZ@CITYOFSOUTHMIAML
NET. .
RESPONSE BID FORM DUE ON THURSDAY, JUNE 11, 2009 NO LATER
THAN 12:00 NOON. 09- B- 273112329631VI
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REQUEST FOR BID (RFB).
CITY OF SOUTH MIAMI, FLORIDA
Cambridge Lawns Historic District Entrance Markers -Did III
(Small. construction and installation)
PROJECT SUMMARY
In accordance with full plans provided by the City. Construction of three
historic entrance markers (6 feet in height) to indicate the location of City's
Cambridge Lawns Historic District. Markers are to be installed in the swale
area at three pre - selected locations. Marker construction material may be
either local limestone or textured cast stone (concrete).
SELECTED BIDDER RESPONSIBLE FOR
Construction of markers, base, structural footings and installation of markers
at selected sites; installation of City provided bronze plaques; obtaining all
applicable permits. Project must be completed within thirty (30) days after
notice to proceed.
A BID PACKAGE, (PLANS, CONTRACT AND BID FORM) IS AVAILABLE AT THE CITY
CLERK'S OFFICE, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143,
TELEPHONE 305- 663 -6340 OR E -MAIL AT MMENENDEZ (a-)CITYOFSOUTHMIAMI.NET
RESPONSE BID FORM DUE ON THURSDAY, JUNE 11, 2009 NO LATER THAN
12:00 NOON
XAHPB Historic Bd \Cambridge Lawns Marker Project \Cambridge Lawns Bid III RFB Ad.doc
CITY OF SOUTH MIAMI, FLORIDA
Cambridge Lawns Historic District Entrance Markers -Bid III
(Small construction and installation) .
PROJECT SUMMARY
In accordance with full plans provided by the City. Construction of three
historic entrance markers (6 feet in height) to indicate the location of City's
Cambridge Lawns Historic District. Markers are to be installed in the swale
area at three pre - selected locations. Marker construction material may be
either local limestone or textured cast stone (concrete).
SCOPE OF WORK
(a) All work set forth in Plans prepared by Marice Chael, AIA, CNU, sealed and
dated 4 -29 -09
(b) Construction of the entrance markers in selected material including
reinforcement post as shown on plans:
Marker Construction material may be either Option A or B
Option "A" Local Limestone
Option "B" Textured Cast Stone (Concrete)
(c ) Construction of marker base and structural footings as shown on plans;
(d) Installation of markers at sites designated on plans (A) 1of 1;
(e) Installation of bronze plaques on each marker (plaques and mounting
screws will be provided by City);
(f) Selected contractor shall be required to obtain the applicable South
Miami Public Works Right -of -Way Permit and any other applicable
permits from the South Miami Building Department; (a copy of the
bidder's occupational license and a copy of the contractor's license
must be submitted with bid form)
(g) Prior to installation selected contractor shall locate all existing utilities;
(h) Project construction must be completed thirty. (30) days from the date the
Notice To Proceed is issued by the City.
A BID PACKAGE, (PLANS, CONTRACT AND BID FORM) IS AVAILABLE AT THE CITY
CLERKS OFFICE, 6130 SUNSET DRIVE, SOUTH MIAMI, FLORIDA 33143,
TELEPHONE 305 - 663 -6340 OR E- MAILAT MMENENDEZ(D- CITYOFSOUTHMIAMI .NET
RESPONSE BID FORM DUE ON THURSDAY JUNE 11, 2009 NO LATER THAN
12:00 NOON
XAHPB Historic Bd \Cambridge Lawns Marker Project \Cambridge Lawns Bid III Summary Cover Page.doc
Bid Form III
Project Name; Cambridge Lawns Marker Construction and Installation Project
CITY OF SOUTH MIAMI
BID FORM III
Bid prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, contractors
overhead and profit. The quantities for payment under this Contract will be determined by actual measurement of
the completed items in place, ready for service and accepted by the Owner. Payment for any item not listed in the Bid
Form but shown in the plans shall be included in the proposal. Bid form submission must be accompanied by a copy
of the bidder's occupational license and a copy of the contractor's license.
Notice: The bid will be awarded to the lowest, responsive, responsible bidder. The City. of South Miami reserves the
right to reject any and all bids, to waive any information in any bid, and to increase or decrease the quantities shown
in the bid form. Bids which contain irregularities of any kind may be rejected.
BIDS FOR OPTION A OR OPTION B WILL BE ACCEPTED. BIDS FOR BOTH OPTION A AND B WILL BE
ACCEPTED.
UNIT TOTAL
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
101 Option A Cambridge Lawns Marker Construction 3 ea $ $
and on site installation (including base and
footings)
Marker construction material:
Option "A" Local Limestone
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
Grand Total (In Figures): $
Grand Total (Written): Dollars.
UNIT
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
101 Option B Cambridge Lawns Marker Construction 3 ea $ $.
and on site installation (including base and
Footings)
Marker construction material:
Option "B" Textured Cast Stone (Concrete)
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
Grand Total (Written):
Name of Bidding Firm
Authorized Signature
1
Grand Total (In Figures): $
Date
Bid Form III
Project Name; Cambridge Lawns Marker Construction and Installation Project
BID FORM AND COPIES OF LICENSES MUST BE SUBMITTED ON THURSDAY, JUNE 11, 2009 NO LATER
THAN 12:00 NOON DELIVERED IN CLOSED ENVELOPE WITH PROJECT NAME LABELED.
• DELIVER BID FORM TO:
CITY OF SOUTH MIAMI
CITY CLERK OFFICE
6130 SUNSET DRIVE
SOUTH MIAMI, FL. 33143
Note: Please contact the City Clerk in written form or by e-mail (m menendez6Dcityofsouthmiami . net )( Fax 305-
663 -6348) if there are questions or information needed.
X:\HPB Historic Bd \Cambridae Lawns Marker Project\Bid Form III.doc
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SECTION 00500
Cambridge Lawns Historic District Entrance Markers
(construction and installation)
CITY OF SOUTH MIAMI, FLORIDA
CONTRACT BID III
THIS AGREEMENT, made and entered into this day of 2009, 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 and described in
the attached plans entitled:
Cambridge Lawns Historic District Entrance Markers
(construction and installation) .
CITY OF SOUTH MIAMI, FLORIDA
as prepared by Marice Chael, AIA, CNU, sealed and dated 4 -28 -09 and shall do
everything required by this Contract and the other Contract Documents.
The scope of work includes:
(a) All work set forth in Plans prepared by Marice Chael, AIA, CNU, sealed and
dated 4 -29 -09
(b) Construction of the entrance markers in selected material including
reinforcement post as shown on plans;
Marker Construction material may be either Option A or B.
Option "A" Local Limestone
Option "B" Textured Cast Stone (Concrete)
(c ) Construction of marker base and structural footings as shown on plans;
(d) Installation of markers at sites designated on plans (A) 1 of 1;
(e) Installation of bronze plaques on each marker (plaques and mounting
screws will be provided by City);
(f) Selected contractor shall be required to obtain the applicable South Miami
Public Works Right -of -Way Permit and any other applicable permits from
the South Miami Building Department;
(g) Prior to installation selected contractor shall locate all existing utilities;
(h) Project construction must be completed thirty (30) days from the date the
Notice To Proceed is issued by the City.
1.02 THE CONTRACT SUM
A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in
lawful money of the United States, and subject to addition and deductions as
provided in the Contract Documents, as follows:
B. Based upon the price shown in the Proposal heretofore submitted to the Owner by
the Contractor, a copy of said Proposal being a part of these Contract Documents,
the aggregate amount of this Contract is the lump sum of
Dollars ($ ).
1.03 COMMENCEMENT AND COMPLETION OF WORK
A. The Contractor shall commence work on the date established in the Notice to
Proceed.
B. The Contractor shall prosecute the work with faithfulness and diligence and shall be
substantially complete with the work not later than thirty calendar (30) days after
the Notice To Proceed is issued. The work shall be completed and ready for final
payment within ten (10) calendar days from the date certified by City's Project
Engineer as the date of substantial 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 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 Specifications and Contract items contained in
the Plans 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 plans 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
3
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 covering said work,
shall not operate as a waiver by the Owner of strict compliance with the terms of this
Contract, 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 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
Plans. 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 Three Hundred and
Fifty ($ 350.00) 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.
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
4
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
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 Owner 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 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 share the mediator's fee and any filing fees equally. The mediation shall be
held in Miami -Dade County, Florida, unless another location is mutually agreed
upon. Agreements reached in mediation shall be enforceable as settlement
agreements in the circuit court for the 11th Judicial Circuit for the State of Florida.
1.10 SIGNATORY AUTHORITY.
The officials executing this Agreement warrant and represent that they are
authorized by their respective agency to enter into a binding agreement.
1.11 LIENS
Contractor is prohibited from placing a lien on the Owner'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
5
The contract includes the plans for "Cambridge Lawns Historic District Entrance
Markers" which shall be incorporated by reference into the contract, as exhibits to the
contract. Between the contract and the attachments 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 without
Owner approval.
B. The Contractor shall not assign, transfer or pledge any interest in this contract
without the prior written consent of the Owner; provided, however, that claims for
money by the Contractor from the Owner under this contract may be assigned,
transferred or pledged to a bank, trust company, or other financial institution without
the Owner's approval. Written notice of any assignment, transfer or pledge of funds
shall be furnished within 10 days by the Contractor to the Owner.
1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS
A. The Owner, or any of their duly authorized representatives, shall, until 3 years after
final payment under this contract, have access to and the right to examine any of the
Contractor's books, ledgers, documents, .papers, or other records involving
transactions related to this contract for the purpose of making audit, examination,
excerpts, and transcriptions.
B. The Contractor agrees to include in first -tier subcontracts under this contract a
clause substantially the same as subparagraph 1.14.A. above. "Subcontract," as
used in this clause, excludes purchase orders not exceeding $10,000.
C. The right to access and examination of records in subparagraph 1.14.A. shall
continue until disposition of any mediation, claims, litigation or appeals.
1.15 OWNERSHIP OF DOCUMENTS.
All documents, reports, plans, specifications or other records, including electronic
records, resulting from the services rendered by the Contractor under this contract
shall be deemed the property of the Owner and the Owner 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 Owner. 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
11
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 Owner 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
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 Commission Resolution No.
City of South Miami, Florida
Party of the First Part
By:
City Manager
Contractor *
Party of the Second Part
7
WITNESS: (If corporation, attach
Seal and attest by Secretary)
By:
Title
APPROVED AS TO FORM AND APPROVED AS TO FINANCE:
LEGALITY:
City Attorney
By:
Director of Finance
City of South Miami
( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the
Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its
behalf shall be completed.
9
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 120 ,
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
Bid Form III
Project Name; Cambridge Lawns Marker Construction and Installation Project
CITY OF SOUTH MIAMI
BID FORM III
Bid prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, contractors
overhead and profit. The quantities for payment under this Contract will be determined by actual measurement of
the completed items in place, ready for service and accepted by the Owner. Payment for any item not listed in the Bid -
Form but shown in the plans shall be included in the proposal. Bid form submission must be accompanied by a copy
of the bidder's occupational license and a copy of the contractor's license.
Notice: The bid will be awarded to the lowest, responsive, responsible bidder. The City of South Miami reserves the
right to reject any and all bids, to waive any information in any bid, and to increase or decrease the .quantities shown
in the bid form. Bids which contain irregularities of any kind may be rejected.
BIDS FOR OPTION A OR OPTION B WILL BE ACCEPTED. BIDS FOR BOTH OPTION A AND B WILL BE
ACCEPTED.
UNIT TOTAL
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
101 Option A Cambridge Lawns Marker Construction 3 ea $ $
and on site installation (including base and
footings)
Marker construction material:
Option "A" Local Limestone
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
Grand Total (In Figures): $
Grand Total (Written): Dollars.
UNIT
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
101 Option B Cambridge Lawns Marker Construction 3 ea $
and on site installation (including base and
Footings)
Marker construction material:
Option "B" Textured Cast Stone (Concrete)
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
t U
Grand Total (In Figures): $
Grand Total (Written) TWCP -1 E- VC-IM Sit;4 C14p ' oul4,, 0 Dollars
li t-=
Name of Bidding Firm uthorized Signature Date
Bid Form III
Project Name; Cambridge Lawns Marker Construction and Installation Project
CITY OF SOUTH MIAMI
BID FORM III
Bid prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, contractors
overhead and profit. The quantities for payment under this Contract will be determined by actual measurement of
the completed items In place, ready for service and accepted by the Owner. Payment for any item not listed in the Bid
Form but shown in the plans shall be included in the proposal. Bid form submission must be accompanied by a copy
of the bidder's occupational license and a cony of the contractor's license.
Notice: The bid will be awarded to the lowest, responsive, responsible bidder. The City of South Miami reserves the
right to reject any and all bids, to waive any Information in any bid, and to increase or decrease the quantities shown
In the bid form. Bids which contain irregularities of any Bind may be rejected.
BIDS FOR OPTION A OR OPTION B WILL BE ACCEPTED. BIDS FOR BOTH OPTION A AND B WILL BE
ACCEPTED.
UNIT TOTAL
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
101 Option A Cambridge Lawns Marker Construction 3 ea s 9,4-70."0 $ 2-6 410,E
and on site Installation (including base and
footings)
Marker construction material:
Option "A" Local Limestone
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
/ Grand Total (In Figures): $ ZS 0
, `f1.
Grand Total (Written): TW e I- -e J 7�loy'ka Ay r 64df C `( Dollars.
UNIT
ITEM DESCRIPTION QUANTITY UNIT c� PRICE AMOUNT,n
103 Option B Cambridge Lawns Marker Construction 3 ea S t. ��U.� $ L8,
and on site installation (including base and T-
Footings)
Marker construction material:
Option "B" Textured Cast Stone (Concrete)
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
Grand Total -(In Figures): $ L-24)
Grand Total (Written):-Cv�e► -e+ 1. ��rlodSAvtQ -e.i 1� /tre�l Dollars
190%rsortig Ge+�era:�Crrw�rrctfvy5, � -1 l - y`j
Name of Bidding Firm Authorized Signature Date
Bid Form III
Project Name; Cambridge Lawns Marker Construction and Installation Project
CITY OF SOUTH MIAMI
BID FORM III
Bid prices stated in the proposal include all costs and expenses for taxes, labor, equipment, materials, contractors
overhead and profit. The quantities for payment under this Contract will be determined by actual measurement of
the completed items in place, ready for service and accepted by the Owner. Payment for any item not listed in the Bid
Form but shown in the plans shall be included in the proposal. Bid form submission must be accompanied by a cony
of the bidder's occupational license and a coat/ of the contractor's license.
Notice: The bid will be awarded to the lowest, responsive, responsible bidder. The City of South Miami reserves the
right to reject any and all bids, to waive any information in any bid, and to increase or decrease the quantities shown
in the bid form. Bids which contain irregularities of any kind may be rejected.
BIDS FOR OPTION A OR OPTION B WILL BE ACCEPTED. BIDS FOR BOTH OPTION A AND B WILL BE
ACCEPTED.
UNIT
ITEM DESCRIPTION QUANTITY UNIT PRICE
101 Option A Cambridge Lawns Marker Construction 3 ea $ Z
and on site installation (including base and
footings)
Grand Total
Marker construction material:
Option "A" Local Limestone
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
Dollars.
TOTAL
AMOUNT
$ 77459..W
$mss
UNIT
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT,
101 Option B Cambridge Lawns Marker Construction 3 ea $ 2 j 75:— $k��/
and on site installation (including base and
Footings)
Marker construction material:
Option "B" Textured Cast Stone (Concrete)
(All as indicated in Contract Section 1.01 A., Scope of Work and on Plans)
Grand Total (In Figures):
Grand Total (Written): w ) Dollars
Name of Bi ding F' Auth i Date
o z �
1
RESOLUTION NO. 05-07-12390
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO THE ACCEPTANCE OF A GRANT OF $ 8,000 FROM
THE VILLAGERS, INC. FOR THE PLACEMENT OF HISTORIC MARKERS (CORAL ROCK
PILLARS) INDICATING THE LOCATION OF THE CAMBRIDGE LAWNS HISTORIC
DISTRICT; AUTHORIZING THE CITY MANAGER TO ADVANCE FUNDING FOR
CONSTRUCTION OF AND PLACEMENT OF THE HISTORIC MARKERS; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in September 2006, the Historic Preservation Board and the Planning
Department submitted an application for funding to the Villagers , Inc., a local volunteer preservation
group which annually provides grants to organizations for historic preservation projects and;
WHEREAS, the project proposed for funding was to construct three coral rock pillars
indicating the location of the City's first historic district Cambridge Lawns; each pillar.would be placed at
an entrance / boundary point in the rights -of -way at three locations; and,
WHEREAS, in a letter dated November 17, 2006 from .lane Noppenberg, Preservation Chair
of the Villagers, Inc. the City was advised that the organization was awarding the full $8000 requested
for the Cambridge Lawns Historic Marker project; and,
WHEREAS, the City was also advised that the grant operates. as a re- imbursement, thereby
requiring the City to provide advance funding, implement the project, and then receive re- imbursement;
and
WHEREAS, the South Miami City Commission should formally accept the grant from
the Villagers, Inc. and also authorize the City Manager to advance funding for the construction and
placement of the historic markers.
NOW, THEREFORE, BE IT RESOLVED'BY THE CITY COMMISSION OF
CORAL GABLES THAT:
SECTION 1. The South Miami City Commission formally accepts the grant from the
Villagers, Inc. and further authorizes the City Manager to advance funding up to $8000 for the
construction and placement of the historic markers.
SECTION 2. The City Manager is hereby directed to prepare a grant agreement
between the Villagers and the City setting forth a time table, implementation responsibilities and the re-
imbursement policy.
SECTION 3. This Resolution shall become effective upon the date of its adoption
herein.
Res. No. 05 -07 -12390
(2)
PASSED AND ADOPTED this day of 2007.
AT T: APP OVED:
�..;, G;c�..i�
C CLERK / i OR
KEAUANU ''itVVb1JAJ IVP(L)IOi: L,ommtssionwore: 5 -0
Mayor Feliu: Yea
Vice Mayor Wiscombe: Yea
Commissioner Palmer:. Yea
CTT ORNEY Commissioner Birts: Yea
Commissioner Beckman: Yea
P: \Comm ltems\200711- 9- 07Willagers Grant Resolution.doc