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08-05-08 Item 9South Miami Oftedcacfty CITY OF SOUTH MIAMI 11111.1 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: Jose Olivo, P.E. Public Works & Engineering Department Date: August 5, 2008 Agenda Item No.: Subject: Construction Contract with Homestead Concrete & Drainage, Inc. for construction of Traffic Calming Improvements at SW 67th Avenue /SW 64th Street Intersection. 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 HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS AT SW 67th AVENUE /SW 64th STREET INTERSECTION IN AN AMOUNT OF $46,986.00 TO BE CHARGED TO ACCOUNT NUMBER 001 - 1790 - 519 -6440; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to execute a construction agreement with Homestead Concrete & Drainage, Inc. for the construction of Traffic Calming Improvements at SW 67th Avenue /SW 64th Street Intersection. Reason /Need: The intent of this project is to provide infrastructure improvements at the intersection of SW 67th Avenue /SW 64th St. The major improvement will consist of installing vehicular brick pavers at the above referenced intersection to work as a traffic calming device. The work will also include milling and resurfacing, construction of concrete crosswalks and small portions of sidewalk and curbing of the radii. It is our intent to award the construction contract to Homestead Concrete & Drainage, Inc. • by "piggybacking" on their existing contract for Church Street Improvements Phase IV. By using the "piggybacking" method (using older prices), the city will save approximately $11,250.00, when you compare the previous contract unit price for brick pavers at $50.00 /S.Y. versus today's estimated unit price at $80.00 /S.Y. Cost: $46,986.00. Funding Source: Account No. 001 - 1790 - 519 -6440 with account balance of $99,068.26 Page 2 of 2 Comm. Agenda Item No.: August 5, 2008 Backup Documentation: Proposed Resolution Prices submitted by Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at SW 67th Ave. /SW 64th St. Intersection. Letter from Homestead Concrete & Drainage, Inc. agreeing to use same prices from Church St. Improvements Phase IV for Traffic Calming Improvements at SW 67th Ave. /SW64th ST. Intersection. Copy of Section 00500 (Contract) of the Project Manual The City's resolution approved for Church Street Improvements Phase IV. Prices submitted by Homestead Concrete & Drainage, Inc. for Church Street Improvements Phase IV project. Project Plan Page 2 of 2 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 HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS AT SW 67th AVENUE /SW 64th STREET INTERSECTION IN AN AMOUNT OF $46,986.00 TO BE CHARGED TO ACCOUNT NUMBER 001 - 1790 - 519 -6440; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements at the intersection of SW 67th Avenue and SW 64th Street; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at SW 67th Ave. /SW 64th St. Intersection for an amount of $46,986.00 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the Mayor and City Commission authorize the City Manager to execute construction contract with Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at SW 67th Ave. /SW 64th St. Intersection for an amount of $46,986.00. Section 2: That the project's construction cost shall be charged to account number 001 -1790- 519 -6440 with current balance of $99,068.26 Section 3. The attached agreement is made a part of the resolution. PASSED AND ADOPTED this day of , 2008. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Include File Name and Path APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this day of , 20 , A.D., by and between the City of South Miami, party of the first part (hereinafter sometimes called the "Owner "), and _ party of the second part (hereinafter sometimes called the "Contractor "). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Project Manual entitled: TRAFFIC CALMING IMPROVEMENTS AT S.W. 67TH AVENUE AND S.W. 64TH STREET INTERSECTION CITY OF SOUTH MIAMI, FLORIDA as prepared by TY LIN International /HJ Ross acting as, and in the Contract Documents entitled the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents. 1.02 THE CONTRACT SUM A. The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, as follows: B. Based upon the price shown in the Proposal heretofore submitted to the Owner by the Contractor, a copy of said Proposal being a part of these Contract Documents, the aggregate amount of this Contract is the lump sum of Dollars ($ ). 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 be substantially complete with the work not later than thirty (10) calendar days after the commencement date established in the Notice to Proceed. The work shall be completed and ready for final payment within thirty (30) calendar days from the date certified by City's Project Engineer as the date of substantial completion. 00500 -1 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings, Specifications and Contract items contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency forthe 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 year from and after the date of the passing, approval, and /or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and /or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and /or repair from the Contractor and /or his insurer, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and /or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of One Thousand Five Hundred Dollars ($1,500.00) 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. 00500 -2 B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. 1.06 PARTIAL AND FINAL PAYMENTS A. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall-pay the Contractor as follows: Within 60 days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. 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 The City does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its.reasonable attorney's fees and costs, including, but not limited to paralegal costs, and computer research costs. The parties shall not be liable for the prejudgment interest. 1.09 MEDIATION Any claim or dispute 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 00500 -3 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 City's property. This prohibition shall apply to, interalia, all subconsultants and subcontractors, suppliers and labors. 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for City of South Miami, Church Street Phase IV" 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 for 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 1.14.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. 00500 -4 1.15 OWNERSHIP OF DOCUMENTS All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have 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 City. The Contractor shall have the right to retain copies of the documents at the Contractor's expense. 1.16 SEVERABILITY Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. 1.17 CONTINGENCY FEE AND CODE OF ETHICS WARRANTY A. Contractor warrants that neither it, nor any principal, employee, agent, representative or 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 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. 00500 -5 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's Resolution No. WITNESS: (If corporation, attach Seal and attest by Secretary) 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 By: 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. 00500 -6 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 , 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of 120 Secretary END OF SECTION 00500 -7 HCD 8/1/2008 Homestead Concrete & Drainage 221 SW 4TH AVE Homestead, FL 33030 (305) 248 -9649 F: (305) 248 -9650 Estimating Dep. Fax (305) 248 -6436 City of South Miami 64th Street Improvements Project - City's Project No. ROADWAY ITEMS Item Description Quanti Unit Unit Price Total G -1 Dust Control 1 LS $ 1,500.00 $ 1,500.00 G -2 Vehicular Brick Pavers w/ 2 (ASTRI C1272 -Type F) Herringbone pattern, color 1 LS $ 5,500.00 $ 5,500.00 G -3 #30103 (Terracotta) pattern angle: 45 degree to road alignment, including subgrade 1 LS $ 686.00 $ 686.00 RD -10 preparation and resetting valve and manhole tops as necessary. 375 SY $5,000.00 $ 5,000.00 $ 50.00 $ 18,750.00 RD -11 Stamped Integral Color Class II Concrete (Crosswalks), including subgrade 182 SY preparation and resetting valve and manhole tops as necessary $ 50.00 $ 9,100.00 RD -17 Pull Boxes 3 EA $ 1,400.00 $ 4,200.00 RD -19 Conduit Under Pavement (F &I) 75 LF $ 30.00 $ 2,250.00 Total Roadway GENERAL ITEMS $ 34,300.00 Item Description Quantity Unit Unit price Total G -1 Dust Control 1 LS $ 1,500.00 $ 1,500.00 G -2 Maintenance of Traffic 1 LS $ 5,500.00 $ 5,500.00 G -3 Performance and Payment Bond (2 %) 1 LS $ 686.00 $ 686.00 G -5 Contingency 1 LS $5,000.00 $ 5,000.00 Total General Items Total Contract Amount Note: Contractor to verify quantities, contact FOR with any quantity discrepancies. Review of HCD Construction Cost Proposal 7 -31 -08 (2) $ 12,686.00 $ 46,986.00 F �� �.. t. � , v �, r } , d +� ✓ ,.+Y'• .tiyr5• ill + 3'�d^"��,� � a', � . ID 0 4W IM A. sin., ■ it � ^: f *�. '1 ` � �1� r 1z W-,? ip r .-� '+x- •.', ^'_vim �, •ti., 9 f. L �' �..` Nt w Homestead Concrete & Drainage, Inc. M P.O. Box 1273 ■Mi■ M= Homestead, FL 33090 IOLA= NOW, Phone: 305- 248 -9649 Fax: 305 - 248 -9650 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: "Traffic Calming Improvements at SW 67a' Ave /SW64th St. Intersection" Attention: Ajibola Balogun Public Works & Engineering Director .................. Homestead Concrete & Drainage has reviewed the prices from phase 4 and compared them with the new quantities provided for "Traffic Calming Improvements at SW Se Ave/SW64th SL Intersection" and have agreed to perform the work and keep the same prices used in phase 4 even though the wage have changed since phase 3 contract, as shown on the attached wage rate exhibit. Sincerely, Alfredo Cordero President South Miami WNWcaCKY CITY OF SOUTH MIAMI 1 I r 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: Jose Olivo, P.E. Public Works & Engineering Department Date: August 5, 2008 Agenda Item No.: Subject: Construction Contract with Homestead Concrete & Drainage, Inc. for construction of Traffic Calming Improvements at SW 67th Avenue /SW 64th Street Intersection. 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 HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS AT SW 67th AVENUE /SW 64th STREET INTERSECTION IN AN AMOUNT OF $51,986.00 TO BE CHARGED TO ACCOUNT NUMBER 000- 0000- 000 - 00.0.0_; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to execute a construction agreement with Homestead Concrete & Drainage, Inc. for the construction of Traffic Calming Improvements at SW 67th Avenue /SW 64th Street Intersection. Reason /Need: The intent of this project is to provide infrastructure improvements at the intersection of SW 67th Avenue /SW 64th St. The major improvement will consist of installing vehicular brick pavers at the above referenced intersection to work as a traffic calming device. The work will also include milling and resurfacing, construction of concrete crosswalks and small portions of sidewalk and curbing of the radii. It is our intent to award the construction contract to Homestead Concrete & Drainage, Inc. by "piggybacking" on their existing contract for Church Street Improvements Phase IV. By using the "piggybacking" method (using older prices), the city will save approximately $11,250.00, when you compare the previous contract unit price for brick pavers at $50.00 /S.Y. versus today's estimated unit price at $80.00 /S.Y. Cost: $51,986.00 of which $10,000 is contingency amount. Funding Source: TBD. Page 2 of 2 Comm. Agenda Item No.: August 5, 2008 Backup Documentation: El Proposed Resolution Prices submitted by Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at SW 67th Ave. /SW 64th St. Intersection. Letter from Homestead Concrete & Drainage, Inc. agreeing to use same prices from Church St. Improvements Phase IV for Traffic Calming Improvements at SW 67th Ave. /SW64th ST. Intersection. Copy of Section 00500 (Contract) of the Project Manual The City's resolution approved for Church Street Improvements Phase IV. Prices submitted by Homestead Concrete & Drainage, Inc. for Church Street Improvements Phase IV project. Project Plan Page 2 of 2 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 HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS AT SW 67th AVENUE /SW 64th STREET INTERSECTION IN AN AMOUNT OF $51,986.00 TO BE CHARGED TO ACCOUNT NUMBER ,0004000 -00_0 -0000; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements at the intersection of SW 67th Avenue and SW 64th Street, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at SW 67th Ave. /SW 64th St. Intersection for an amount of $511,986.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the Mayor and City Commission authorize the City Manager to execute construction contract with Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at SW 67th Ave. /SW 64th St. Intersection for an amount of $51,986.00. Section 2: That the project's construction cost shall be charged to account number 000-0000 -' ;000 -0000 with account balance of $0.00 and the balance of $000,000.00 will be funded from account number 000 -0000- 000 -0000 with account balance of _ _ Section 3. The attached agreement is made a part of the resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Include File Name and Path day of APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: 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 HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CONSTRUCTION OF TRAFFIC CALMING IMPROVEMENTS AT SW 67" AVENUE /SW 64" STREET INTERSECTION IN AN AMOUNT OF $51,986.00 TO BE CHARGED TO ACCOUNT NUMBER 000__ -_ 0000_- 000- 000d; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements at the intersection of SW 67th Avenue and SW 64th Street, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at SW 67th Ave. /SW 64th St. Intersection for an amount of $51,986.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the Mayor and City Commission authorize the City Manager to execute construction contract with Homestead Concrete & Drainage, Inc. for Traffic Calming Improvements at SW 67th Ave. /SW 64th St. Intersection for an amount of $51,986.00. Section 2: That the project's construction cost shall be charged to account number 000 - 0000-. 000 -0000 with account balance of $0.00 and the balance of $000,000.00 will be funded from account number 000 - 0000 - 000 -0000 with account balance. of $0.00. Section 3. The attached agreement is made a part of the 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 Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: RESOLUTION NIO.: 154-07-12539 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOMESTEAD CONCRETE & DRAINAGE, INC. FOR CHURCH STREET IMPROVEMENTS - PHASE IV CONSTRUCTION IN AN AMOUNT OF $340,404.18 TO BE CHARGED TO MIAMI -DADE COUNTY OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) ACCOUNT NUMBER 106 - 1730 - 541 -6302 AND ACCOUNT NUMBER 001 -2100- 519 -9920; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City commission wishes to provide infrastructure improvements along Church Street Improvement from SW 64'h Street to SW 66th Street, and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with Homestead Concrete & Drainage, Inc. for the Church Street Improvements - Phase IV project for an amount of $340,404.18. 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 Homestead Concrete & Drainage, Inc. for the Church Street Improvement - Phase IV project in an amount of $340,404.18. Section 2: That the project's construction cost shall be charged to account numbers 106 -1730- 541 -6302 and 001 - 2100 - 519- 9920with account balances of $235,000 and $612,900, respectively. Section 3. The attached agreement is made a part of the resolution. PASSED AND ADOPTED this /- day of , 2007. E T: APPROVED: CLERK MAYOR READ A OVED 1 -O FO ll- COMMISSION VOTE: 4 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: absent CITY ATTORNty Commissioner Birts: Yea Commissioner Beckman: Yea Include File Name and Path CiIURCi STREET (S.W.50'h PLACE:) IM1'ROXTMENTS — PHASE 4 (SAY. 66th STREET TO S.W. 60 STREET) CITY OF SOUTH!NUAIlII, BID NO. CI07 -0824 WHS PROJEECI' NO. 5734.00 UNIT ITFNJ Di:SCRIPTION QU,%NTITY UNIT ' PRICF ANIOUN7 PAVEMT NTS MARKING & SIGINTNG ITEM PI IS -1 Iii- Directionat Reflective Pavement Markers 40 173-11A PMS -2 12" Solid White Thermoplastic Stripe 750 LF Sys} l :5 . l PHIS -3 5" Double Yellow Thermoplastic Stripe 400 LF $ I F'MS4 24" Wide White nermoptasdc Stop Bar 50 LF $ � • IG -s— PMS -5 Sign (Relocate) 4 F-A $ g_4 ? c 7c _OU SUB - TOTAL: $ C> CMG UNIT ITEM DESCRIPTION QUAi!'711'Y IIAIT PRI'C'E AMOUNT ELECTRICAL ITEMS E -1 Install underground electrical conduit for proposed FPL lighting system under pavement. 1200 Ty ]—SC) oc S 3 F,-2 Install pull boxes for prepesed FPL lighting system. 8 EA S 1- I CIO 4 SUB- TOTAL: (J\TIT ITEM DESCRIPTION QUANTITY U\7T 'I. RICE AhihllNT STREF;T AMI WNITIF.S ITEMLs Furni sh and install Prefabricawd benches 5 I=A $ p` S furnish aiJ install litter receptacle 4 BA S �� Furnish arA Install Centcrcd Canopy I RA 5 �j� Sal „�. SUB- TOTAL: $ UNIT ITEM DESCRIPTION OtIANTITY L?LIT PRICE A11, OUNT LANDSC,APINC,ARRI( ATION ITEMS I- Fumisit and install Wax lasrnine (58 FA S (Soil & mulch is included itt plant cost) I 2 Furnish and install Key Thatch Palm ?2 1:A S $ A (Soil & intileh is included is plant cost) 3 Furnish and install Silver Buttonwood 39 EA $ S $ (� (Soil R mulch is included in plant cost) L 4 Furnish and install Spanish Stopper 30 EA 5 1a $ _ 00300 -5 CHURCH STREET (S.NV. 5Vh PLACE) IINIPRONT, ENTS — PH,'*SE 4 (S.W. 66u'•SWET TO S.W, 64r1' STREET) CITY OF SOUTH N HANII, BID NO. CI07.0824 'VNrHS PROJECT NO. 5734.00 BID FORM Bid prices state=d in the proposal shall include all costs and expenses for taxes, labor, equipment, materials, mobilization, contractor's overhead and profit. The quantitics for payment under this Contract will be determined by actual measurement of the complewd items in place, ready for service and accepted by the Owner. Contract prices for the various work items are intended to establish a total price for completing the project in its entirety. Payment for any item not listed in the Did Form but shown in the plans shall be included in the proposal. All work and incidental costs shall be included for payment tinder the several scheduled 'items of the overall contract; no separate or additional payment will be made. IT1ryt RIM RD -2 RD-3 RD -4 RD -5 RD -6 RD -7 RD -8 RD -9 RD -10 RD. I l RD -12 RD- 1'3 RD -14 UNIT IIL CRIPTIOS QUANTITY LMT PRICJE ROADWAY ITEMS: Demolition, removal and disposal $_i3 %�• of existing sidewalk. 1000 Demolition, removal and disposal s i I OAS oo of existing concrete curb & gutter. t 500 P vernent Milling (depth varies - 2-max.) 2150 Clearing and grubbing, includingdemolition. $ (?u removal and disposal of exiiaing pavement behind new curb & gutter line. I 1 "'Type S -3 Asphalt 2150 (including pavement Marking Replacement) Sj.�_ Back of sidewalk area restoration 1 (sod or asphalt) S iy`� IG0.DU Type "F' e4ne.'ete curb and gutter 2(M Concrete Sidewalk (4" Thick, 6" at driveways), Including subgradc prep. driveways, drop curbs, handicap ramps, sidewalks finishes. and providing $- C a l'�' and resetting water meter boxes as necessary. 1200 Vehicular Brick Pavers with T' SOD (AST RI C12772-Type F) Herringbone 5 �� .� o pattern, color #30103 (Terracorta) pattern angle: 45 de�uee to road alignment Miscellaneous Concrete 35 Light Pole (Relocate) 1 1-4rop Inlets 7 Manhole Top Replacements 7 I T, Corr. ugatcd Pipe 50 SUB - TOTAL: 003300 -4 ANIOtINT Sv $_i3 %�• $ �3 ��t) cn ix s-7 S s i I OAS oo S}F C ) LS S < 1 CO $ (?u S LS s33���� LF Sj.�_ $69-2 -7�� SY $ � S iy`� IG0.DU SY S. C i fi ' pc) • iX' FA $- C a l'�' S o' S . (3- >wa 5 �� .� o g ,�' �, o V $ _�> (s/ III L ". C %t7 CHURCH S'I "I2:EET (S.W. 59'h PLACE) IMPRONTEtMENTS •- PHASE 4 (S.W. 6e STREET TO S.W. Gift' STREE T) CITY OF SOUTH MIAMI, BID ISO. C107 -0824 N-N IS PROJECT NO. 5734.00 ITIrAI DESCRIPTION c UNTITY UNIT PRl .r: AiToLr.�CI LANDSC4PM(MRRIGATION ITEMS (Soil k- tnuleh is inchtded in plant cost) }� LL -5 Furnish and install Florida `.thatch Palm "(1 EA (Soil k' nmolch is included in plant cost) LL-6 Furnish and install complete irrigation systenn I LS qow. 00 $ lncluding TIT)WASIa nnctcr installation clnarfc and associated cmglirtation SUB- TOTAL: ITEM DF1;CRIPTI0N GRKETIAL ITEMS G-1 Dust. Control (This activity to be done everyday for the duration of the project) C'r -- Wiotenance of Traffic, including traffic GOIItrol, pe-dcstrearf and Vehicular acce.S, signs, barricades, Naggers, and off -ditty police officer, as required by Engineer andior Cite G -3 Performance and payment iiond G -4 South Miami Project Sigh (F-M) G -5 Contingency SUB-TOTAL: Grand Total an Figures): Gravid Total (Written): Bidder (Company Nat By (Representative): Title: Telephone: Signature: UNIT QUANTITY UNIT PRICE X03. cc, .aa. tc�uti� lJS 1 Ls $ J&4 Sow 1 LS $? S I FA $D. AD $ (�SlU•� 1 LS S 20.OW.00 S ^_0 pn(ll 5 3q0 y f lip rd� Fax: Date 00300 -5 C SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this 0"T day of ©G (,� , 20 01, A.D. by and etweqn th C' y of ou Miami, party--Qf the first part (hereinafter sometimes called the "Owner "), and I u.r� 1J+�• �, party of the second part (hereinafter sometimes called the "Contractor "). WHEREAS: Miami -Dade County through its office of Community Development has entered into a contract with the Owner, and WHEREAS: the Owner desires to engage the Contractor to perform services as stated herein: WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 . SCOPE OF WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Project Manual entitled: CHURCH STREET (S.W. 59TH PLACE) IMPROVEMENTS — PHASE 4 S.W. 66TH STREET TO S.W. 64TH STREET as prepared by Williams, Hatfield, & Stoner, Inc. acting as, and in the Contract Documents, entitles the Owner's Engineer, and shall do everything required by this Contract and the other Contract Documents. 1.02 THE 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 art oFk the lie ontra t D current , Pe a gre at mou t`qQf this on act is the sum of L �- L�SoI� rue,+�ti '1, c Y �� c � �� � ; �. Dollars (� 3�J t� ° � ��J ). 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. 00500 -1 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings, Specifications and Contract items contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the items of this Contract and/or of the Project Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and/or the Project Manual covering said work; and the Owner may require the Contractor and/or his insurer to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and/or services which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and/or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his insurer, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or ay authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain as liquated damages the amount of One Thousand Five Hundred dollars ($1,500.00) per calendar day for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not penalty, but is the stipulated amount of damage sustained by the Owner in the event of such default by the Contractor. 00500 -2 B. For the purposes of this Article` the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day 'scheduled for production. 1.06 . PARTIAL AND FINAL PAYMENTS A. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows; Within 60 days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in' connection with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. 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 MAUNITY AND ATTORNEY'S FEES The City does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs, including, but not limited to paralegal costs, and computer research costs. The parties shall not be liable for the prejudgment interest. 00500 -3 1.09 MEDIATION Any claim or dispute arising out of or related to this agreement shall be subject to informal mediation as a condition precedent to the institution of legal or equitable proceeding by either party. Both parties waive the right to 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 City's property. This prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers and labors. 1.12 INCORPORATE BY REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for Church Street Improvements — Phase 4 — City of South Miami, City's BID No.:CI07 -0824 " 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 for 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 clai ns for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 00500 -4 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS 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. The Contractor agrees to include in the first -tier subcontracts under this contract a clause substantially the same as subparagraph 14.A. above. "Subcontract." as used in this clause, excludes purchase order not exceeding $10,000. The right to access and examination of records in subparagraph continue until disposition of any mediation, claims, litigation or appeals. All documents, reports, plans, specifications or other records, including electronic records, resulting from the professional services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have all rights incident to this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by Florida Statues chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to the City. The Contractor shall have the right to retain copies of the documents at the Contractor's 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 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 Contractor. 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. A violation of this paragraph will result in the ter 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: y Clerk Maria M. Menendez �.t4 `fie WITNESS: (If corporation, aftil. Seal and attest by Secretary) c , d V� ' + BiliZIDti� APPR TO FO AND L PTY: City Attorne City uth Miami City of South Miami, Party of the First Part By: . e"j� A Citianager Contractor Party of the Second Part a I� By: Title ( *) In the event that the Contractor is a Corporation, the following certificate of resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed. I00500 -6 - R. CERTIFICATE (Sample) STATE OF FL RIDA ) s COUNTY OFD L�,at A& I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of Florida , held on e ` %� (� , 201!>- , the followml resolution was duly passed and adopted: "RESOLVED, that ��`�%G�" �� , 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." 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 [;L•. • L• , 200 END OF SECTION