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01-22-08 Item 4South Miami All- America City CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Dtrcto r e Public Works & Engineering Department Date: January 28, 2008 Agenda Item No.: Subject: Construction Contract with MEF Construction, Inc. for Citywide Drainage Improvements — Phase IV 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 MEF CONSTRUCTION, INC. FOR CITYWIDE DRAINAGE IMPROVEMENTS - PHASE IV CONSTRUCTION IN AN AMOUNT OF $349,334.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 106 - 1730 -541 -6310 AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S GRANT ACCOUNT NUMBER 106 - 1727 - 536 -6550; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to execute construction agreement with MEF Construction, Inc. for the Citywide Drainage Improvements Phase IV. Reason /Need: As we continue to upgrade our drainage system citywide, we have completed drainage improvement construction design plans and bid phase analysis for the following street: • SW 58th Avenue from SW 74th Street to SW 80th Street. e SW 74th Terrace from SW 57th Avenue to SW 58th Avenue As discussed with the neighborhood residents during a public workshop on August 30, 2007, we intend to continue the sidewalk along the west side of SW 58th Avenue, from just south of SW 74th Street to SW 80th Street. The Notice of Bid Invitation for the construction bid was publicly advertised on November 13, 2007, with pre -bid conference held on Tuesday, December 4, 2007. The sealed bids were publicly opened on Friday, December 14, 2007. Eighteen bidders responded with bids ranging from $349,334.50 to $668,397.80. We have worked with our engineering consultant ( TYLIN International /HJ Ross) to review the bids and check references. Attached is the recommendation letter submitted by TYLIN International /HJ Ross recommending MEF as the lowest responsive bidder. Cost: $349,334.50 Page 1 of 4 Funding Source: $200,000 will be funded from SFWMD Grant Account No. 106- 1730 -541- 6310 with account balances of , $200,000.00 and the balance of $149,334.50 will be funded from Florida Department Environmental Protection account number 106 - 1727 - 536 -6550 with account balance of $606,400.00. Backup Documentatior El Ll Ll Proposed Resolution Bid Opening Report Tabulated Bids Certified Advertised Notice of Bid Invitation Engineer of Record's letter of recommendation Reference Check for the Contractor Copy of Section 00500 (Contract) of the Project Manual Map of ProjectArea Page 2 of 4 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 91 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN. AGREEMENT WITH MEF CONSTRUCTION, INC. FOR CITYWIDE DRAINAGE IMPROVEMENTS — PHASE IV CONSTRUCTION IN AN AMOUNT OF $349,334.50 TO BE CHARGED TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT GRANT ACCOUNT NUMBER 106 - 1730 - 541 -6310 AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S GRANT ACCOUNT NUMBER 106 - 1727 - 536 -6550; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wishes to provide drainage improvements and traffic calming along SW 58th Avenue from SW 74th Street to SW 80th Street and SW 74th Terrace from SW 57th Avenue to SW 58th Avenue (known as Citywide Drainage Improvements — Phase IV); and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with MEF Construction, Inc. for the Citywide Drainage Improvements — Phase IV project for an amount of $349,334.50. 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 MEF Construction, Inc. for the Citywide Drainage Improvements — Phase IV project for an amount of $349,334.50. Section 2: That the project's construction cost shall be charged to SFWMD Grant Account No. 106 - 1730 - 541 -6310, with account balances of $200,000.00 and the balance of $149,334.50 will be funded from Florida Department Environmental Protection account number 106 - 1727 - 536 -6550 with account balance of $606,400.00. Section 3: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this ATTEST: -CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Include File Name and Path day of , 2008. APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Page 4 of 4 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 - NOTICE OF BID INVITATION CITY OF SOUTH MIAMI BID NO.: C107 -1214 in the XXXX Court, was published in said newspaper in the issues of 11/13/2007 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 aff iant 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 is ad ment for publication in the said n el vXr., Sworn to and subscribed be 4re me this L 13 day of N D. 2007 (SEAL) O.V. FERBEYRE personally known to me MARIA I. MESA ' NOTARY PUBLIC STATE OF FLORID Commission #DD293855 ' Expires MAR(H 04, 200f - NOTICE OF .BID,_INVITATION CITY OF SOUTH MIAMI BID.No:: C107 -1214 The City of South Miami will receive seaied proposals until 3.00pm, Local Time, Friday, December 14, 2007 in.the Office of the City Clerk, i .6130 Sunset Drive, South Miami, Florida 33143,.for1he following project: CITYWIDE DRAINAGE IMPROVEMENTS, PHASE IV The project consists of the installation of approximately 11261inear, .feet, of '18 ". to 24 -storm sewer and exfiltration. trench, "associated structures, -new 4" concrete sidewalk, roadway restoration, pavement milling, -and resurfacing: . Bids will be opened, publicly at or shortly after, 3:05 p:m. on Friday, December 14, 2007 in the City. Commission Chamber, P130 Sunset Drive;-South Miami, Florida. Bid documents "may be obtained on or after Tuesday, November 13, 2007 from the office of the City Clerk, City of South Miami. A $100.00 non - refundable deposit for plans and specifications is required..-. The bid will be awarded to the lowest responsible bidder, but 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, If the City Manager deems it to be in the best interest of the City of South Miami. Bids which contain irregularities of any kind may be :rejected as informal. . A non- mandatory pre -bid conference will be held at the City of South Miami, City Commission Chamber, 6130 Sunset Drive, South Miami, Florida,. at 11:00am, local time, Tuesday, December 4, 2007. All interested contractors are invited to attend. The City of South Miami is an ' Equal Opportunity Employer and encourages the participation of certified Black and MBE Contractors. Maria M. Menendez, CMC City Clerk 1.1/13 _ 07- B- 08/918837M, c� 0 Li T 4, 1 r L ° i ry r�GRPDRATE:D BID OPENING REPORT Bids were opened on. Friday, December 14, 2007 at 3:050m For: Citywide Drainage Improvements, Phase IV- Project No. CI07 -1214 Pre -Bid Estimate: $398,000.00 CONTRACTORS: BID AMOUNTS: 1. ACOSTA TRACTORS, INC. eyl `7 3 . ( 0 2. ENGINEERING INC. 0 �6 /. DO 3. BUDGET CONSTRUCTION CO., INC 3 8g' 7 00 4. CARIBE UTILITIES OF FLORIDA, INC 3 zm- Od0 Oo 5. DEVELOPMENT & COMMUNICATION GROUP OF FLORIDA, INC. 3 c�p3 , 9.0 6. FOUNTAIN ENGINEERING, INC z- 7. HOMESTEAD CONCRETE & DRAINAGE, INC. Z 2 8. JVA ENGINEERING CONTRACTOR INC. S S ?--c- 9. LEON'S ENGINEERING CORP.. 3 , 2 0 10. M. VILA & ASSOCIATES, INC. 3 3 11. MASTER EXCAVATOR'S INC. 12. MEF CONSTRUCTION, INC -; f t I'v 13. METRO EXPRESS, INC. vqQ 2 o% 14. MIGUEL LOPEZ, JR. INC 1, NCO/ , D 15. ROCK POWER PAVING, INC 16. SOLO CONSTRUCTION CORPORATION 17. TRAN CONSTRUCTION, INC. 31W 9?-S>. O 18. WILLIAMS PAVING CO. INC �D THE ABOVE BID AMOUNTS HAVE NOT BEEN CHEF THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS H) REVIEWED. City Clerk's Sign: Witness: 0\ p--� T-- YT-- YLININTERWONAL I HJ ROSS 201 Alhambra Circle, Suite 900 Coral Gables, Florida 33134 Tel. 305.567.1888 • Fax. 305.567.1771 • EMAIL: hjross @hjross.com December 21, 2007 Via a -Mail Mr. W. Ajibola Balogun, REM Public Works Director City of South Miami 4795 S.W. 75th Avenue Miami, FL 33155 Re: Citywide Drainage Improvements — Phase IV Bid No. C107 -1214 Dear Mr. Balogun: The bids for the referenced project were opened on December 14, 2007. Eighteen bidders responded with bids ranging from $349,834.50 to $684,397.80. Attached is a copy of the Summary of Bid Documentation Review. The low bidder is MEF Construction Inc. No irregularities were found in the low bidder's submittal. We interviewed the references and the bidder received good recommendations. We also interviewed the low bidder on December 20, 2007 to make sure they understand the Project Manual provisions, schedules, and quantities. We recommend the award of the contract to the low bidder, MEF Construction Inc pending the City's le reV w. Please call us if y u have a questions. Sinc r y, Jose . N Le (Construction 201 AlharTbra Circle, Suite 900 Coral Gables, FL 331 4 Phone (305) 567 -18 8, Ext. 261 Cell (786) 258 -2961 Fax (305) 567 -1771 jnessiCcbtylin.com RECOMMENDATION—CS Miami - MEF Construction u 11"C9 II PODATED 1927 LOR1O P Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing M .E.r C .L is a potential contractor for the iK lx, Jt 10 EA 604-12.1q It is our practice to obtain referents 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: y. R, 0 I1�Lf . Name&. Title kk etir Address: Cat CoYV►� CZ4 City /Staip Reference check conducted by: Name. �A 1 1 J. C P Telephone 3as - Arno - -Book Date Jaindg ntl l+2OC 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 C. Quality of work D. Financial standing if applicable) a Ar E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor): Reference given by: y. R, 0 I1�Lf . Name&. Title kk etir Address: Cat CoYV►� CZ4 City /Staip Reference check conducted by: Name. �A 1 1 J. C P Telephone 3as - Arno - -Book Date Jaindg ntl l+2OC If you have any question about this form, please call (305)663 -6350. Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing A -FI-F ®VLAWC- 0". I.wc. _ is a potential contractor for theC�)tvwide Ara:KadeS+ti.Ipm% iw►a+As sets, iclg -tal4 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: d� i�- tctri` cb N�+�cSve�� Name & Title k--*- oK A0 1+1r . IJev.e -t. Address: U llay x 0 � K4y Z15cm4Ive City/St/Zip Telephone 5#b; - 34r5 -894j ' Reference check conducted by. far. Name: O t` \,i4e, C'."J 2 Date Jgv►varM (0-7--00A 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 5 B. Ability to stay within the budget 5� C. Quality of work D. Financial standing if applicable }.3 E. Experience in their line of work Additional Comments (May indicate last project /transaction with contractor): Reference given by: d� i�- tctri` cb N�+�cSve�� Name & Title k--*- oK A0 1+1r . IJev.e -t. Address: U llay x 0 � K4y Z15cm4Ive City/St/Zip Telephone 5#b; - 34r5 -894j ' Reference check conducted by. far. Name: O t` \,i4e, C'."J 2 Date Jgv►varM (0-7--00A If you have any question about this form, please call (305)663 -6350. Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing r C vt Truc- lov% hC . is a potential contractor for theCtjmwede NetsetV, ? #A a 03.1x14lt is our practice to obtain referenc s from indivicYuals 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 646rtvux E70,4 It CV461 _ PYoT {C.� OAAA34V Address: Reference check conducted by: Name: fA l V4 J CN 2 _ P. . City %St/Zip Telephone 0 54' 9,z I -P S Date 34ivq yAv I t OI If you have any question about this form, please call (305)663 -6350. ] 2 3 4 5 Criteria A. Ability to complete project on time B. Ability to stay within the budget C. Quality of work D. Financial standing if applicable) rJ A. E. Experience in their line of work. Additional Comments (May indicate last project /transaction with contractor): (No add; �►'o�( co+�►w+��s� Reference given by: Name & Title 646rtvux E70,4 It CV461 _ PYoT {C.� OAAA34V Address: Reference check conducted by: Name: fA l V4 J CN 2 _ P. . City %St/Zip Telephone 0 54' 9,z I -P S Date 34ivq yAv I t OI If you have any question about this form, please call (305)663 -6350. CIIS - PROJECT EVALUATION Wednesday, December 19, 2007 - 12:21:12 PM Pagel of 2 MIAMI -DADE COUNTY, FLORIDA MIAMI-MADE Capital Improvements Information System Public Works Department Project Evaluation Evaluation Type: Standard Evaluation Contract: 630237Q -A Work Order No: N/A Contract Name: Quality Neighborhoods Improvement Program (QNIP) Sidewalk Construction Contract Award Amount: $440,000.00 Contact: George L. Coppolecchia Contract Type: CONSTRUCTION Contractor MEF Construction FEIN: 650372282 Consultant: Evaluator ID: LOUISN Date: 8/24/2005 Period: Project conclusion or closeOL Rat!na * �� Criteria 1- Schedule - Quality of schedule & adherence to schedule rE timeliness and minimizing delay to the owner and commur Cost effectiveness & efficiency - Budget compliance & vali Vision - Design - Concepts or adherence to criteria. I Cooperation - Teamwork &relationship with owner, subs s suppliers. Coordination - Ability to organize, schedule and complete 1 adherence to the schedule. Accuracy & Technical Skills - Cost estimating, scheduling, other drawings, plans, manuals, project documentation am resolution. r&standards. ompleteness - Compliance with contract documents, pert Responsiveness - Timely, clear &concise responses to ov comments and correspondence. Commitment - Intangibles & contribution to project success Personnel - Quality and dedication of project staff. Management - Leadership ability. Quality - Work performed correctly the first time. Overall Performance Average: 3_0 Documentation that supports this evaluation and Contractor's /Consultant's comments can be obtained by contacti George Coppolechia at Phone# 305- 297 -0795 Evaluation Reviewed by: Supervisor C7 Division Chief ❑ Assistant Director ❑ Director EJ The method of delivery of this evaluation to contractor /consultant: Certified Mail r EMail E Fax I ' Hand (Unresponsive Performance by contractor /consultant requires 2 delivery methods) Evaluation delivered to: mhtml:file://C:\ Documents %20and %20S ettings \JNessi\Local %20S ettings \Temporary %2... 12/28/2007 CIIS - PROJECT EVALUATION Wednesday, December 19, 2007 - 12:21:12 PM Page 2 of 2 * Rating Key 4 Superior performance - Exemplary quality, no intervention required - project completed on time or early at c below budget with no change orders or amendments other than owner requested changes. 3 Satisfactory performance - Minor errors noted, addressed with timely corrective action. No serious errors rn or corrective action needed. 2 Guarded performance Errors and Omissions documented in writing with timely corrective action. 1 Unresponsive performance documented in writing without timely corrective action. N /A. No Information mhtml:file: / /C:\ Documents %20and %20S ettings\JNessi\Local %20S ettings \Temporary %2... 12/28/2007 CIIS - PROJECT EVALUATION Wednesday, December 19, 2007 - 12:19:54 PM Page 1 of 2 MIAMI -DADE COUNTY, FLORIDA MIAMI - Capital Improvements Information System 1,4 Public Works Department Project Evaluation Evaluation Type: Standard Evaluation Contract: 629540Q Work Order No: N/A Contract Name: Quality Neighborhoods Improvement Program (QNIP) Sidewalk Construction - Contract No. 1 Award Amount: $1,000,000.00 Contact: Raul Cruz 305- 375 -4182 Contract Type: CONSTRUCTION Contractor MEF Construction FEIN: 650372282 Consultant: Evaluator ID: LOUISN Date: 8/24/2005 Period: Completion of constructioi Rating* I Criteria 1- nnnn Schedule - Quality of schedule & adherence to schedule rE n timeliness and minimizing delay to the owner and commur 2- �����,;j���� Cost effectiveness &efficiency - Budget compliance & vali 1�OC 12- Overall Performance Average: 2.8 'ision - Design - Concepts or adherence to criteria. :ooperation - Teamwork & relationship with owner, subs uppliers. :oordination - Ability to organize, schedule and complete 1 dherence to the schedule. ,ccuracy & Technical Skills - Cost estimating, scheduling, ther drawings, plans, manuals, project documentation an, solution. :ompleteness - Compliance with contract documents, pen standards. responsiveness - Timely, clear & concise responses to ov omments and correspondence. :ommitment - Intangibles & contribution to project success 'ersonnel - Quality and dedication of project staff. anagement - Leadership ability. uality - Work performed correctly the first time. Documentation that supports this evaluation and Contractor's /Consultant's comments can be obtained by contacti Raul Cruz at Phone# 305- 298 -0643 Evaluation Reviewed by: Supervisor C, Division Chief ❑ Assistant Director ❑ Director r The method of delivery of this evaluation to contractor /consultant: Certified Mail C EMail ❑ Fax r7 Hand (Unresponsive Performance by contractor /consultant requires 2 delivery methods) Evaluation delivered to: mhtml: file: //C:\ Documents %20and %20S ettings \JNessi\Local %20S ettings \Temporary %2... 12/28/2007 CIIS - PROJECT EVALUATION Wednesday, December 19, 2007 - 12:19:54 PM Page 2 of 2 * Rating Key 4 Superior performance - Exemplary quality, no intervention required - project completed on time or early at c below budget with no change orders or amendments other than owner requested changes. 3 Satisfactory performance - Minor errors noted, addressed with timely corrective action. No serious errors ni or corrective action needed. 2 Guarded performance Errors and Omissions documented in writing with timely corrective action. 1 Unresponsive performance documented in writing without timely corrective action. N /A. No Information mhtml:file://C:\ Documents% 20and% 20Settings \JNessi\Local %20Settings \Temporary %2... 12/28/2007 Page 1 of 1 Miguel Cruz From: Adela [ahernandezmef @bellsouth.net] Sent: Thursday, December 20, 2007 4:16 PM To: miguel.cruz @tylin.com Cc: falonso @tylin.com; jnessi @tylin- hjross.com Subject: Citywide Drainage Project Miguel: Following our meeting today I ant to let you know that I feel ok with the prices. Should you have any other question do not hesitate to contact me at 306 - 216 -0977. Thanks. Miguel Ocana mefconstruction @ bellsouth.net 12/20/2007 d W_ O � z m o A VZ a m a 3 v O C m 3 m Z y W 0 i a W c a i_ O Z ' v Oa (PStJN� 000(�()(�nnnn V �NJa IJN+OINA W W [o w[nmDD W NHS D W N D + m '� 3 0-0 O y o y m obi d A A -MM m r �n m ui3om 'w N� mdd000 vvv xx oRS' —fETAmmmO3 yN;d - -��a•m a° 2 TTtD — m tiN m o o o m �m'mm °o no m oao o m o 0 3 o o 2 + � _ o m mm mrrrNfn (n fA V1 V1 r rr C +000000000 ° 10 � U1 � ° O N 000 • O = N y (A fA fA (N ----- En ----- fA fA fA fA fA fA fA C T — OOOONtn O O O O O O O O O O tli O O O O O� O O O O O tO0�0 f T f T O O (P O N O O V» f O m f T N W O l O N W W N A J+ N U t + +O N N 0 O � ry N m E D O N O C C O O 0 0 O O 0 G O O G O O O O O O O 11. O P W O O 1 t l N t T W O N t T U t O C C f n 0 0 0 s fF (p----- FA-- -----fF fA fA fA !A c 2 3 ...... N N. 0. N V W + N W N 0 0 00 N O +O N O O EA fA N A (T O 000 f V C O O fR O+t00 O U 0 0 O O (A fA A O NNN+ !T <N O O fA fA NW Jm0)A f D O IJ O N fA fA O A O W O A 69 fR O V N O)AAN I V (n A 0 fA H NO V V O C 0 0 AN+ m W W m V O N 0 0 tD W N W Ut 0000 O O 0 0 +N OI A O� to O 0 0 O O O G 0 9 O O A � N j y t0 fA fA fA fF fA fA fF . EA ............ C +° � 0 O O 0 p Vt C+ O, . D V T. ) O) b N I W A +W W AAAOG O)A (T+ M fR O. C 'yD OON pop fA----NINWIN . . (T O) V. fO +AfO J V . . (nN OC O . O� pJ V W W+ ---------- N W A (n O(T W N O) . +0) +OmA W.0)O O) O) N. N W� 9)). O W OI O. W W (A O) A fD W fA T V O d 7 P 00 A V 0)tJ W A laO A W W o1J fT Qt A N IJ tNp� O N NO A O+ . Nlli N A� O O . T W O ., W O) fH 00), O ER (A 0 lA (A J V 69 fR A(n V�+ fA EP A V ER (A fp d1 fA EA (A fR iR d! fA V1 fN D C ^ C G L O OOi O O 0 U O O N O O O V O O O N O N O. l O O N. O O . n W O N W O N 0 0 Z-. 0 0 0 N 3 WH--fR yy to ---- m V < m o 0 DOOIJ 0 J O 0 0 V + 0 0 +D7 0 0 t0 ° O O N A�p� O J O A J A t 0 O J t.J <T 0 D 7 An �aD t o V. T W + N b f0 0) m . O O d —o Soo ........... ( O ....... d W_ O � z m o A VZ a m a 3 v O C m 3 m Z y W 0 i a W c a i_ O Z ' SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this day of , 20 , A.D., by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and _ , party of the second part (hereinafter sometimes called the "Contractor "). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Permitted Drawings and described in the Project Manual entitled: CITYWIDE DRAINAGE IMPROVEMENTS, PHASE IV CITY OF SOUTH MIAMI, FLORIDA as prepared by T.Y. LIN INTERNATIONAL/H.J. ROSS acting as, and in the Contract Documents entitled the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: B. Based upon the price shown in the Proposal heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part of these Contract Documents, the aggregate amount of this Contract is the lump sum of Dollars ($ ). 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work on the date established in the Notice to Proceed. B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work not later than one hundred twenty (120) calendar days after the commencement date established in the Notice to Proceed. 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes 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 CITY OF SOUTH MIAMI 00500 -1 Citywide Drainage Improvements, Phase IV 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 terms of this Contract and /or of the Project Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and /or the Project 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 (1) 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 Fifteen 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 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: CITY OF SOUTH MIAMI 00500 -2 Citywide Drainage Improvements, Phase IV 1. Within 30 days after receipt of the Contractor's request.for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed. during the preceding calendar month, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. 1.07 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the Owner. 1.08 SOVEREIGN IMMUNITY AND ATTORNEY'S FEES A. 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 fee 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 A. 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 11 th Judicial Circuit for the State of Florida. 1.10 SIGNATORY AUTHORITY A. The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. CITY OF SOUTH MIAMI 00500 -3 Citywide Drainage Improvements, Phase IV 1.11 LIENS A. Contractor is prohibited from placing a lien on the City's property-This prohibition shall y apply to, inter alia, all subconsultants and subcontractors, suppliers and labors. 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL A. The contract enclosed within the "Project Manual for the Citywide Drainage Improvements - Phase IV, City of South Miami, City's BID No: C107- 1214" 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 Sub - Contractors (page 00300 -4 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 of. all subcontractors' acts, errors or 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 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 1.14A above. "Subcontract," as used in this clause, excludes purchase order not exceeding $10,000. C. The right to access and examination of records in subparagraph 1.14A shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS A. All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have all rights incident to this ownership. The Contractor acknowledges that all document 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 the contract and any extensions, all documents shall be delivered by the Contractor to the City. ' The CITY OF SOUTH MIAMI 00500 -4 Citywide Drainage Improvements, Phase IV Contractor shall have the right to retain copies of the documents at the Contractor's expense. 1.16 SEVERABILITY A. 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 ETHIS WARRANTY A. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has promised to pay, and Contractor has not, and will not pay a fee the amount of which is contingent upon the City awarding this contract to the 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 A. The signatories to this contract warrant that they are duly authorized by action to 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 A. 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. CITY OF SOUTH MIAMI 00500 -5 Citywide Drainage Improvements, Phase IV 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 WITNESS: (If corporation, attach Seal and attest by Secretary) Contractor's Resolution No. APPROVED AS TO FORM AND LEGALITY: City Attorney City of South Miami, Florida Party of the First Part . BY: City Manager Contractor Party of the Second Part in Title APPROVED AS TO FINANCE: By: Director of Finance City of South Miami ( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed. CITY OF SOUTH MIAMI Citywide Drainage Improvements, Phase IV 00500 -6 CERTIFICATE (Sample) STATE OF FLORIDA) ss COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20 , the following resolution was duly passed and adopted: "RESOLVED, that , as President of the corporation, be and he is hereby authorized to execute the Contract dated , 20 , between the CITY OF SOUTH MIAMI, a municipal corporation, and this corporation, and that this execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation." further certify that said resolution is now in full force and effect. 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W 0 0 N+ O 0 0 181, m° G 0 0 0 tO G J o 0 �O N (Wl� 0 0 0 0 O N 0 0' O O O - N O W C O w w w 0 0 0 w w G w w to O w w w w w w w w o C ^ 0 0 .88 0. 0 0 0 0 0 0 0 0 0 8888 ' 0 0 . 0 .......... 0 0 (U1i� 0 0 (Aid O 0 N O> . N o -+ 0 O 0 N O m nwwwwww 00 0 1 0 0 0 00. O 0 0 0 0 wwwwwwww 0 0 0 0 0 010-0 Oi o 0 0 0 A W 0 O 0 0 0 0 m O 0 0 0 0 O. 0 o ww W 0 0 S 0 O O 0 0 o v W 0 z 0 V N A W 0 z 0 J N A v fpw> DD w" D ry 3 O O; v 22M" m o o H 3 °n oo = = T o m F O N O' d � o = V S 2 Nrnmz R ? o m 3 m m — - ° o o ° o = m W w n N 3 2 2 2 O 0 o 3 3 3 3 _ 3 0 o v o 0 0 jj1111 jj}}11m(f1 m rvl rn (n Nrn virrr � + a V w + + A ------ ------------ C T 0 0 0 0 0 0 0 0 0 N 0° o° N N O O 2 0 O O 0 °o 4J O N 0 0 °o o . N N w . N N + D, O o m � m �*v+wr»rnv+w � Oo O O O 0 wen 0 0 v+�n N v+f»w A V v+v+v+v+w IVp ws+w N O OI v+ O - Ic O NN -N-fA -MfA--------- C = O � O O 0 0 0 0 0 N ONi A W ° tNi� (Vil W N ° 0 0 0 0 0 0 0 O 0 T G O fA o O O N 00 (n fA N A O N o O O EA fA O+ O C O O fA 69 + N O O --------- + N N O N G O A A O O O EA N� O V O O - - O O O - - N 0 (R + O 0 O NW { O N tD ° MfA N ffl fA N N V� (A A C ------------ O C D w - N O JONOVN MONO A W NN N UNi A V wm W> a N m -------------------- 0 P O 0 N O V V NW G OO O L °pO W UWi O A NON N N t01� w A O° N N O -- f.Ni O m , M - - -- - - - - N N - C O O O O O O O O O O V 0 o tVi 0 0 0 0 o- ----------------------- 9 � J fO O 0 0 n 0 O 0 0 0 0 O O 0 0 0 G O O 0 0 0 0 o 0 0 0 0 0 O A 0. 0 0 O V O O 0 0 N O. 0 0 UVi O N 0 0 (Vii u7 O.. 0 0 m W 0 0 O 0 0 City of South Miami BID TABULATION Updated 112212008 CITYWIDE DRAINAGE IMPROVEMENTS - PHASE IV CITY BID N °: C107 -1214 Prepared By: H.J. Ross Associates Page 1 of 4 Phase Project Quantities TYLIN ENG CONST COST MEF Construction, Inc. Tran Construction, Inc. JVA Engineering Contractor, Inc. M. Vila & Associates, Inc. Pay Item Pay Item Description Unit Plan Unit Price Price Unit Price Price % Unit Price Price Unit Price Price Unit Price Price A -1 Clearing and Grubbing (including demolition, removal, and disposal, of all obstructions LS 1.00 $ 20,000.00 $ 20,000.00 $ 6,000.00 $ 6,000.00 30% $8,927.00 $ 81927.00 $ 16,000.00, $ 16,000.00 $ 8,850.00 $ 8,850.00 A -2 6" Yellow Thermoplastic Traffic Stripe Solid LF 1,640.00 $ 2.00 $ 3,280.00 $ 2.00 $ 3,280.00 100% $1.00 $ 1,640.00 $ 1.50 $ 2,460.00 $ 0.70 $ 1,148.00 A -3 6" White Thermoplastic Traffic Stripe Solid LF 1,087.00 $ 2.00 $ 2,174.00 $ 2.00 $ 2,174.00 100% $1.00 $ 1,087.00 $ 1.50 $ 1,630.50 $ 0.70 $ 760.90 A -4 24" White Thermoplastic Traffic Stripe Solid LF 110.00 $ 5.00 $ 550.00 $ 10.00 $ 1,100.00 200% $5.00 $ 550.00 $ 6.00 $ 660.00 $ 3.00 $ 330.00 B -1 Asphalt Milling (1"Average) SY 3,225.00 $ 5.00 $ 16,125.00 $ 6.00 $ 19,350.00 120% $1.50 $ 4,837.50 $ 3.75. $ 12,093.75 $ 2.00 $ 6,450.00 B -2 Asphaltic Concrete Type S -III Resurfacing (100 lb/s avg. ) SY 7,866.00 $ 7.00 $ 55,062.00 $ 7.00 $ 55,062.00 100% $5.50 $ 43,263.00 $ 7.65 $ 60,174.90 $ 6.50 $ 51,129.00 B -3 Limerock Base (8" Thick ) SY 4,159.00 $ 15.00 $ 62,385.00 $ 9.00 $ 37,431.00 60% $6.00 $ 24,954.00 $ 14.40 $ 59,889.60 $ 12.50 $ 51,987.50 B -4 Limerock Base (6" Thick ) SY 1,153.00 $ 12.00 $ 13,836.00 $ 7.50 $ 8,647.50 63% $40.00 $ 46,120.00 $ 1150 $ 15,565.50 $ 10.50 $ 12,106.50 B -5 Concrete Sidewalk 4" Thick, including pedestrian ramps) SY 732.00 $ 46.00 $ 33,672.00 $ 34.00 $ 24,888.00 74% $9.00 $ 6,588.00 $ 33.30 $ 24,375.60 $ 37.00 $ 27,084.00 B -6 Concrete Sidewalk (6" thick ) SY 138.00 $ 55.00 $ 7,590.00 $ 39.00 $ 5,382.00 71% $8.00 $ 1,104.00 $ 42.30 $ 5,837.40 $ 50.00 $ 6,900.00 C -1 18" HDPE Storm Sewer, any depth of cut LF 204.00 $ 60.00 $ 12,240.00 $ 30.00 $ 6,120.00 50% $115.00 $ 23,460.00 $ 32.00 $ 6,528.00 $ 41.00 $ 8,364.00 C -2 24" HDPE Storm Sewer, any depth of cut LF 78.00 $ 75.00 $ 5,850.00 $ 40.00 $ 3,120.00 53% $125.00 $ 9,750.00 $ 42.00 $ 3,276.00 $ 48.50 $ 3,783.00 C -3 24" HDPE French Drain, any depth of cut LF 844.00 $ 110.00 $ 92,840.00 $ 120.00 $ 101,280.00 109% $125.00 $ 105,500.00 $ 101.00 $ 85,244.00 $ 135.00 $ 113,940.00 C-4 Catch Basin w/ 3' Round Type P Structure Bottom ( <10' ) EA 5.00 $ 3,000.00 $ 15,000.00 $ 1,500.00 $ 7,500.00 50% $1,800.00 $ 9,000.00 $ 1,700.00 $ 8,500.00 $ 2,370.00 $ 11,850.00 C -5 Catch Basin w/ 4' Round Type P Structure Bottom ( <10' ) EA 9.00 $ 3,700.00 $ 33,300.00 $ 2,000.00 $ 18,000.00 54% $2,500.00 $ 22,500.00 $ 2,100.00 $ 18,900.00 $ 3,380.00 $ 30,420.00 C -6 Catch Basin w/ 5' Round Type J Structure Bottom ( <10' ) EA 2.00 $ 4,000.00 $ 8,000.00 $ 3,000.00 $ 6,000.00 75% $3,000.00 $ 6,000.00 $ 2,600.00 $ 5,200.00 $ 3,890.00 $ 7,780.00 C -7 Manhole w/ 4' Round Type P Structure Bottom ( <10') EA 2.00 $ 4,000.00 $ 8,000.00 $ 2,000.00 $ 4,000.00 50% $2,200.00 $ 4,400.00 $ 2,300.00 $ 4,600.00 $ 3,755.00 $ 7,510.00 D -1 Project Sign EA 2.00 $ 1,000.00 $ 2,000.00 $ 1,000.00 $ 2,000.00 100% $600.00 $ 1,200.00 $ 400.00 $ 800.00 $ 378.50 $ 757.00 D -2 Maintenance of Traffic LS 1.00 $ 20,000.00 $ 20,000.00 $ 8,000.00 $ 8,000.00 40% $3,277.00 $ 3,277.00 $ 3,000.00 $. 3,000.00 $ 1,950.00 $ 1,950.00 D -3 Dust Control (everyday for the duration of the project) LS 1.00 $ 20,000.00 $ 20,000.00 $ 2,000.00 $ 2,000.00 10% $13,500.00 $ 13,500.00 $ 2,000.00 $ 2,000.00 $ 4,325.00 $ 4,325.00 D -4 Performance and Payment Bond LS 1.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 100% $6,570.00 $ 6,570.00 $ 9,000.00 $ 9,000.00 $ 6,510.00 $ 6,510.00 D -5 Owner's Contingency LS 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 Total $ 459,904.00 Total $ 349,334.50 Total $ 364,227.50 Total $ 365,735.25 Total $ 383,934.90 Prepared By: H.J. Ross Associates Page 1 of 4 City of South Miami BID TABULATION Updated 1122/2008 CITYWIDE DRAINAGE IMPROVEMENTS - PHASE IV CITY BID N °: C107 -1214 Prepared By: H.J. Ross Associates Page 2 of 4 Phase Project Quantities R&G Engineering, Inc. Caribe Utilities of Florida, Inc. Leon's Engineering, Corp. Budget Construction Co., Inc. Acosta Tractors, Inc. Pay Item Pay Item Description Unit Plan Unit Price Price Unit Price Price Unit Price Price Unit Price Price Unit Price Price A -1 Clearing and Grubbing (including demolition, removal, and disposal, of all obstructions LS 1.00 $ 15,000.00 $ 15,000.00 $ 21,500.00 $ 21,500.00 $ 5,000.00 $ 5,000.00 $ 47,000.00 $ 47,000.00 $ 49,000.00 $ 49,000.00 A -2 6" Yellow Thermoplastic Traffic Stripe Solid LF 1,640.00 $ 1.00 $ 1,640.00 $ 0.72 $ 1,180.80 $ 2.60 $ 4,264.00 $ 0.70 $ 1,148.00 $ 1.20 $ 1,968.00 A -3 6" White Thermoplastic Traffic Stripe Solid LF 1,087.00 $ 1.00 $ 1,087.00 $ 0.72 $ 782.64 $ 2.60 $ 2,826.20 $ 1.00 $ 1,087.00 $ 1.20 $ 1,304.40 A -4 24" White Thermoplastic Traffic Stripe Solid LF 110.00 $ 5.00 $ 550.00 $ 3.50 $ 385.00 $ 4.50 $ 495.00 $ 4.00 $ 440.00 $ 4.60 $ 506.00 B -1 Asphalt Milling (1" Average) SY 3,225.00 $ 7.00 $ 22,575.00 $ 2.75 $ 8,868.75 $ 4.80 $ 15,480.00 $ 2.50 $ 8,062.50 $ 3.60 $ 11,610.00 B -2 Asphaltic Concrete Type S -III Resurfacing (100 lb/s avg. ) SY 7,866.00 $ 8.00 $ 62,928.00 $ 7.50 $ 58,995.00 $ 8.00 $ 62,928.00 $ 6.25 $ 49,162.50 $ 7.50 $ 58,995.00 B -3 Limerock Base (8" Thick) SY 4,159.00 $ 9.00 $ 37,431.00 $ 13.00 $ 54,067.00 $ 18.00 $ 74,862.00 $ 16.00 $ 66,544.00 $ 13.40 $ 55,730.60 B -4 Limerock Base (6" Thick) SY 1,153.00 $ 8.00 $ 9,224.00 $ 12.00 $ 13,836.00 $ 16.00 $ 18,448.00 $ 15.00 $ 17,295.00 $ 11.00 $ 12,683.00 B -5 Concrete Sidewalk (4" Thick, including pedestrian ramps) SY 732.00 $ 49.50 $ 36,234.00 $ 36.00 $ 26,352.00 $ 43.00 $ 31,476.00 $ 29.00 $ 21,228.00 $ 41.00 $ 30,012.00 B -6 Concrete Sidewalk (6" thick) SY 138.00 $ 54.00 $ 7,452.00 $ 45.00 $ 6,210.00 $ 45.00 $ 6,210.00 $ 35.00 $ 4,830.00 $ 40.00 $ 5,520.00 C -1 18" HDPE Storm Sewer, any depth of cut LF 204.00 $ 40.00 $ 8,160.00 $ 24.00 $ 4,896.00 $ 45.00 $ 9,180.00 $ 35.00 $ 7,140.00 $ 62.00 $ 12,648.00 C -2 24" HDPE Storm Sewer, any depth of cut LF 78.00 $ 50.00 $ 3,900.00 $ 36.00 $ 2,808.00 $ 60.00 $ 4,680.00 $ 50.00 $ 3,900.00 $ 33.50 $ 2,613.00 C -3 24" HDPE French Drain, any depth of cut LF 844.00 $ 95.00 $ 80,180.00 $ 105.00 $ 88,620.00 $ 73.00 $ 61,612.00 $ 140.00 $ 118,160.00 $ 125.65 $ 106,048.60 C -4 Catch Basin w/ 3' Round Type P Structure Bottom ( <10') EA 5.00 $ 2,000.00 $ 10,000.00 $ 3,250.00 $ 16,250.00 $ 2,500.00 $ 12,500.00 $ 1,700.00 $ 8,500.00 $ 2,074.30 $ 10,371.50 C -5 Catch Basin w/ 4' Round Type P Structure Bottom ( <10' ) EA 9.00 $ 2,800.00 $ 25,200.00 $ 3,640.00 $ 32,760.00 $ 3,650.00 $ 32,850.00 $ 2,500.00 $ 22,500.00 $ 3,274.60 $ 29,471.40 C -6 Catch Basin w/ 5' Round Type J Structure Bottom ( <10') EA 2.00 $ 3,300.00 $ 6,600.00 $ 4,250.00 $ 8,500.00 $ 4,500.00 $ 9,000.00 $ 3,000.00 $ 6,000.00 $ 4,749.75 $ 9,499.50 C -7 Manhole w/ 4' Round Type P Structure Bottom ( <10' ) EA 2.00 $ 2,800.00 $ 5,600.00 $ 3,640.00 $ 7,280.00 $ 4,250.00 $ 8,500.00 $ 2,900.00 $ 5,800.00 $ 3,867.80 $ 7,735.60 D -1 Project Sign EA 2.00 $ 800.00 $ 1,600.00 $ 750.00 $ 1,500.00 $ 500.00 $ 1,000.00 $ 800.00 $ 1,600.00 $ 500.00 $ 1,000.00 D -2 Maintenance of Traffic LS 1.00 $ 25,000.00 $ 25,000.00 $ 4,208.81 $ 4,208.81 $ 8,000.00 $ 8,000.00 $ 24,000.00 $ 24,000.00 $ 6,667.00 $ 6,667.00 D -3 Dust Control (everyday for the duration of the project) LS 1.00 $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 2,500.00 $ 2,500.00 $ 9,350.00 $ 9,350.00 D-4 Performance and Payment Bond LS 1.00 $ 8,500.00 $ 8,500.00 $ 13,500.00 $ 13,500.00 $ 6,000.00 $ 6,000.00 $ 7,000.00 $ 7,000.00 $ 5,110.00 $ 5,110.00 D -5 Owner's Contingency LS 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 1 $ 20,000.00 $ 20,000.00 Total $ 390,861.00 Total $ 395,000.00 Total $ 397,311.20 Total $ 443,897.00 Total $ 447,843.60 Prepared By: H.J. Ross Associates Page 2 of 4 City of South Miami BID TABULATION Updated 1/22/2008 CITYWIDE DRAINAGE IMPROVEMENTS - PHASE IV CITY BID N °: C107 -1214 Prepared By: H.J. Ross Associates Page 3 of 4 Phase Project Quantities Solo Construction Corporation Rock Power Paving, Inc. Miguel Lopez, Jr., Inc. Development & Communication Group of Florida, Inc. Metro Express, Inc. Pay Item Pay Item Description Unit Plan Unit Price Price Unit Price Price Unit Price Price Unit Price Price Unit Price Price A -1 Clearing and Grubbing (including demolition, removal, and disposal, of all obstructions LS 1.00 $ 20,000.00 $ 20,000.00 $ 6,000.00 $ 6,000.00 $ 25,000.00 $ 25,000.00 $ 54,500.00 $ 54,500.00 $ 50,000.00 $ 50,000.00 A -2 6" Yellow Thermoplastic Traffic Stripe Solid LF 1,640.00 $ 0.75 $ 1,230.00 $ 4.00 $ 6,560.00 $ 1.10 $ 1,804.00 $ 0.80 $ 1,312.00 $ 1.50 $ 2,460.00 A -3 6" White Thermoplastic Traffic Stripe Solid LF 1,087.00 $ 0.75 $ 815.25 $ 4.00 $ 4,348.00 $ 1.00 $ 1,087.00 $ 0.80 $ 869.60 $ 1.50 $ 1,630.50 A-4 24" White Thermoplastic Traffic Stripe Solid LF 110.00 $ 4.00 $ 440.00 $ 6.00 $ 660.00 $ 6.00 $ 660.00 $ 3.50 $ 385.00 $ 2.50 $ 275.00 B -1 Asphalt Milling (1" Average) SY 3,225.00 $ 4.00 $ 12,900.00 $ 7.00 $ 22,575.00 $ 3.00 $ 9,675.00 $ 3.00 $ 9,675.00 $ 4.00 $ 12,900.00 B -2 Asphaltic Concrete Type S -III Resurfacing (100 Ib /sy avg. ) SY 7,866.00 $ 9.00 $ 70,794.00 $ 6.00 $ 47,196.00 $ 7.50 $ 58,995.00 $ 9.00 $ 70,794.00 $ 10.00 $ 78,660.00 B -3 Limerock Base (8" Thick) SY 4,159.00 $ 20.00 $ 83,180.00 $ 27.00 $ 112,293.00 $ 12.60 $ 52,403.40 $ 16.30 $ 67,791.70 $ 12.00 $ 49,908.00 B -4 Limerock Base (6" Thick) SY 1,153.00 $ 18.00 $ 20,754.00 $ 20.00 $ 23,060.00 $ 11.00 $ 12,683.00 $ 14.40 $ 16,603.20 $ 10.00 $ 11,530.00 B -5 Concrete Sidewalk 4" Thick, including pedestrian ramps) SY 732.00 $ 50.00 $ 36,600.00 $ 47.00 $ 34,404.00 $ 52.00 $ 38,064.00 $ 38.00 $ 27,816.00 $ 45.00 $ 32,940.00 B -6 Concrete Sidewalk (6" thick) SY 138.00 $ 55.00 $ 7,590.00 $ 58.00 $ 8,004.00 $ 70.00 $ 9,660.00 $ 46.50 $ 6,417.00 $ 55.00 $ 7,590.00 C -1 18" HDPE Storm Sewer, any depth of cut LF 204.00 $ 25.00 $ 5,100.00 $ 32.00 $ 6,528.00 $ 45.00 $ 9,180.00 $ 50.30 $ 10,261.20 $ 60.00 $ 12,240.00 C -2 24" HDPE Storm Sewer, any depth of cut LF 78.00 $ 35.00 $ 2,730.00 $ 40.00 $ 3,120.00 $ 55.00 $ 4,290.00 $ 49.40 $ 3,853.20 $ 70.00 $ 5,460.00 C -3 24" HDPE French Drain, any depth of cut LF 844.00 $ 100.00 $ 84,400.00 $ 118.00 $ 99,592.00 $ 200.00 $ 168,800.00 $ 109.00 $ 91,996.00 $ 80.00 $ 67,520.00 C -4 Catch Basin w/ 3' Round Type P Structure Bottom ( <10') EA 5.00 $ 1,500.00 $ 7,500.00 $ 160.00 $ 800.00 $ 1,900.00 $ 9,500.00 $ 2,570.00 $ 12,850.00 $ 3,000.00 $ 15,000.00 C -5 Catch Basin w/ 4' Round Type P Structure Bottom ( <10') EA 9.00 $ 2,500.00 $ 22,500.00 $ 2,700.00 $ 24,300.00 $ 2,600.00 $ 23,400.00 $ 3,600.00 $ 32,400.00 $ 3,500.00 $ 31,500.00 C -6 Catch Basin w/ 5' Round Type J Structure Bottom ( <10') EA 2.00 $ 3,000.00 $ 6,000.00 $ 3,000.00 $ 6,000.00 $ 3,500.00 $ 7,000.00 $ 5,000.00 $ 10,000.00 $ 4,000.00 $ 8,000.00 C -7 Manhole w/ 4' Round Type P Structure Bottom ( <10') EA 2.00 $ 3,000.00 $ 6,000.00 $ 2,800.00 $ 5,600.00 $ 2,700.00 $ 5,400.00 $ 3,650.00 $ 7,300.00 $ 4,500.00 $ 9,000.00 D -1 Project Sign EA 2.00 $ 500.00 $ 1,000.00 $ 800.00 $ 1,600.00 $ 1,200.00 $ 2,400.00 $ 1,200.00 $ 2,400.00 $ 1,500.00 $ 3,000.00 D -2 Maintenance of Traffic LS 1.00 $ 10,000.00 $ 10,000.00 $ 2,000.00 $ 2,000.00 $ 3,500.00 $ 3,500.00 $ 14,250.00 $ 14,250.00 $ 5,000.00 $ 5,000.00 D -3 Dust Control everyday for the duration of the project) LS 1.00 $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 8,000.00 $ 8,000.00 $ 10,000.00 $ 10,000.00 D-4 Performance and Payment Bond LS 1.00 $ 10,000.00 $ 10,000.00 $ 6,852.00 $ 6,852.00 $ 10,000.00 $ 10,000.00 $ 11,600.00 $ 11,600.00 $ 60,000.00 $ 60,000.00 D -5 Owner's Contingency LS 1 $ 20,000.00 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 Total $ 434,533.25 Total $ 456,492.00 Total $ 478,501.40 Total $ 481,073.90 Total $ 494,613.50 Prepared By: H.J. Ross Associates Page 3 of 4 City of South Miami BID TABULATION Updated 1/22/2008 CITYWIDE DRAINAGE IMPROVEMENTS - PHASE IV CITY BID N °: C107 -1214 Prepared By: H.J. Ross Associates Page 4 of 4 Phase Project Quantities Fountain Engineering, Inc. Homestead Concrete & Drainage, Inc. Master Excavator's, Inc. Williams Paving Co., Inc. Pay Item Pay Item Description Unit Plan Unit Price Price Unit Price Price Unit Price Price Unit Price Price A -1 Clearing and Grubbing (including demolition, removal, and disposal, of all obstructions LS 1.00 $ 51,750.00 $ 51,750.00 $ 10,000.00 $ 10,000.00 $ 40,697.38 $ 40,697.38 $ 88,000.00 $ 88,000.00 A -2 6" Yellow Thermoplastic Traffic Stripe Solid LF 1,640.00 $ 1.15 $ 1,886.00 $ 1.50 $ 2,460.00 $ 1.49 $ 2,443.60 $ 0.90 $ 1,476.00 A -3 6" White Thermoplastic Traffic Stripe Solid LF 1,087.00 $ 1.15 $ 1,250.05 $ 1.50 $ 1,630.50 $ 1.49 $ 1,619.63 $ 0.90 $ 978.30 A-4 24" White Thermoplastic Traffic Stripe Solid LF 110.00 $ 5.75 $ 632.50 $ 3.00 $ 330.00 $ 5.94 $ 653.40 $ 2.90 $ 319.00 B -1 Asphalt Milling (1" Average) SY 3,225.00 $ 3.45 $ 11,126.25 $ 13.00 $ 41,925.00 $ 4.46 $ 14,383.50 $ 3.00 $ 9,675.00 B -2 Asphaltic Concrete Type S -III Resurfacing (100 lb/s avg.) SY 7,866.00 $ 3.63 $ 28,553.58 $ 9.20 $ 72,367.20 $ 8.58 $ 67,490.28 $ 8.75 $ 68,827.50 B -3 Limerock Base (8" Thick) SY 4,159.00 $ 21.62 $ 89,917.58 $ 18.00 $ 74,862.00 $ 18.39 $ 76,484.01 $ 25.00 $ 103,975.00 B -4 Limerock Base (6" Thick) SY 1,153.00 $ 21.62 $ 24,927.86 $ 18.00 $ 20,754.00 $ 14.40 $ 16,603.20 $ 26.50 $ 30,554.50 B -5 Concrete Sidewalk (4" Thick, including pedestrian ramps) SY 732.00 $ 37.95 $ 27,779.40 $ 72.00 $ 52,704.00 $ 34.27 $ 25,085.64 $ 45.50 $ 33,306.00 B -6 Concrete Sidewalk (6" thick ) SY 138.00 $ 55.20 $ 7,617.60 $ 74.25 $ 10,246.50 $ 44.54 $ 6,146.52 $ 56.50 $ 7,797.00 C -1 18" HDPE Storm Sewer, any depth of cut LF 204.00 $ 69.00 $ 14,076.00 $ 72.31 $ 14,751.24 $ 56.55 $ 11,536.20 $ 160.00 $ 32,640.00 C -2 24" HDPE Storm Sewer, any depth of cut LF 78.00 $ 80.50 $ 6,279.00 $ 82.53 $ 6,437.34 $ 63.19 $ 4,928.82 $ 72.75 $ 5,674.50 C -3 24" HDPE French Drain, any depth of cut LF 844.00 $ 149.50 $ 126,178.00 $ 222.75 $ 188,001.00 $ 241.21 $ 203,581.24 $ 170.00 $ 143,480.00 C-4 Catch Basin w/ 3' Round Type P Structure Bottom ( <10') EA 5.00 $ 2,760.00 $ 13,800.00 $ 3,526.25 $ 17,631.25 $ 4,174.62 $ 20,873.10 $ 3,757.00 $ 18,785.00 C -5 Catch Basin w/ 4' Round Type P Structure Bottom ( <10') EA 9.00 $ 3,335.00 $ 30,015.00 $ 4,325.00 $ 38,925.00 $ 4,503.15 $ 40,528.35 $ 4,110.00 $ 36,990.00 C -6 Catch Basin w/ 5' Round Type J Structure Bottom ( <10' ) EA 2.00 $ 4,485.00 $ 8,970.00 $ 5,036.25 $ 10,072.50 $ 5,475.04 $ 10,950.08 $ 5,335.00 $ 10,670.00 C -7 Manhole w/ 4' Round Type P Structure Bottom ( <10' ) EA 2.00 $ 4,715.00 $ 9,430.00 $ 4,731.25 $ 9,462.50 $ 5,719.22 $ 11,438.44 $ 4,575.00 $ 9,150.00 D -1 Project Sign EA 2.00 $ 2,875.00 $ 5,750.00 $ 750.00 $ 1,500.00 $ 2,558.62 $ 5,117.24 $ 575.00 $ 1,150.00 D -2 Maintenance of Traffic LS 1.00 $ 17,250.00 $ 17,250.00 $ 30,000.00 $ 30,000.00 $ 37,937.68 $ 37,937.68 $ 37,700.00 $ 37,700.00 D -3 Dust Control (everyday for the duration of the project) LS 1.00 $ 11,500.00 $ 11,500.00 $ 4,000.00 $ 4,000.00 $ 19,695.17 $ 19,695.17 $ 15,200.00 $ 15,200.00 D-4 Performance and Payment Bond LS 1.00 $ 11,500.00 $ 11,500.00 $ 12,561.20 $ 12,561.20 $ 12,500.00 $ 12,500.00 $ 8,050.00 $ 8,050.00 D -5 Owner's Contingency LS 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 Total $ 520,188.82 Total $ 640,621.23 Total $ 650,693.48 Total $ 684,397.80 Prepared By: H.J. Ross Associates Page 4 of 4 SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this day of , 20 ; A.D., by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and _ , party of the second part (hereinafter sometimes called the "Contractor"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Permitted Drawings and described in the Project Manual entitled: CITYWIDE DRAINAGE IMPROVEMENTS, PHASE IV CITY OF SOUTH MIAMI, FLORIDA as prepared by T.Y. LIN INTERNATIONAL/H.J. ROSS acting as, and in the Contract Documents entitled the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: B. Based upon the price shown in the Proposal heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part of these Contract Documents,, the aggregate amount of this Contract is the lump sum of Dollars ($ ). 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work on the date established in the Notice to Proceed. B. The Contractor shall prosecute the work with faithfulness and diligence and shall complete the work not later than one hundred twenty (120) calendar days after the commencement date established in the Notice to Proceed. 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes 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 CITY OF SOUTH MIAMI 00500 -1 Citywide Drainage Improvements, Phase IV 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 I 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 terms of this Contract and /or of the Project Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and /or the Project 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 (1) 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 Fifteen 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 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: CITY OF SOUTH MIAMI 00500 -2 Citywide Drainage Improvements, Phase IV 1. Within 30 days after receipt of the Contractor's request #or partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed. during the preceding calendar month, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. 1.07 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the Owner. 1.08 SOVEREIGN IMMUNITY AND ATTORNEY'S FEES A. 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 fee 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 A. 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 A. The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. CITY OF SOUTH MIAMI 00500 -3 Citywide Drainage Improvements, Phase IV 1.11 LIENS A. 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 A. The contract enclosed within the "Project Manual for the Citywide Drainage Improvements - Phase IV, City of South Miami, City's BID No: C107- 1214" 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 Sub - Contractors (page 00300 -4 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 of all subcontractors' acts, errors or 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 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 1.14A above. "Subcontract," as used in this clause, excludes purchase order not exceeding $10,000. C. The right to access and examination of records in subparagraph 1.14A shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS A. All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have all rights incident to this ownership. The Contractor acknowledges that all document 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 the contract and any - extensions, all documents shall be delivered by the Contractor to the City. The CITY OF SOUTH MIAMI 00500 -4 Citywide Drainage Improvements, Phase.IV Contractor shall have the right to retain copies of the documents at the Contractor's ._� expense. 1.16 SEVERABILITY A. 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 ETHIS WARRANTY A. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has promised to pay, and Contractor has not, and will not pay a fee the amount of which is contingent upon the City awarding this contract to the 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 A. The signatories to this contract warrant that they are duly authorized by action to 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 A. 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. CITY OF SOUTH MIAMI 00500 -5 Citywide Drainage Improvements, Phase IV IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first . =, above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. City of South Miami, Florida Party of the First Part (Seal) By: City Manager Attest: City Clerk Contractor Party of the Second Part WITNESS: (If corporation, attach Seal and attest by Secretary) By: Title Contractor's Resolution No. APPROVED AS TO FORM AND APPROVED AS TO FINANCE: LEGALITY: - 30 City Attorney 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. CITY OF SOUTH MIAMI 00500 -6 Citywide Drainage Improvements, Phase IV 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 , 209 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 j 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 CITY OF SOUTH MIAMI 00500 -7 Citywide Drainage Improvements, Phase IV